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Agenda 08-09-22
d BEACK�,,,,,,CRA OWN= COMMU REDEVELOPMENT AGENCY Community Redevelopment Agency Board Meeting Tuesday,August 9, 2022 -6:00 PM GoToWebinar Online Meeting and City Hall Chambers, 100 E. Ocean Avenue 561-737-3256 REVISED AGENDA 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Roll Call 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda 6. Legal A. Discussion and Consideration of Steven Grant's Request for Informed REVISED Consent from the BBCRAto Represent Various Entities in Pending Matters Before the BBCRA 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. 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. 9. CRAAdvisory Board A. Pending Assignments 1. Review and Discuss the CRA Funded Current and New Business Promotions and Marketing Events including Strategies to Promote the Marina B. Reports on Pending Assignments 10. Consent Agenda A. CRA Financial Report Period Ending July 31, 2022 B. Approval of CRA Special Board Meeting Minutes- June 7, 2022 C. Approval of CRA Board Meeting Minutes- June 14, 2022 D. Approval of CRA Board Meeting Minutes- July 12, 2022 E. Approval of Commercial Rent Reimbursement Grant Program in the Amount of$14,479.98 to SimpleWHOA LLC d/b/a Simple'WHOA! Nutrition located in Ocean Palm Plaza at 1550 N. Federal Highway, Unit 12 F. Approval of Commercial Rent Reimbursement Grant Program in the Amount of$15,000 to TalentPartners LLC located at 2626 N. Federal Highway G. Approval of Commercial Property Improvement Grant Program in the Amount of$18,610.33 to TalentPartners LLC located at 2626 N. Federal Highway H. Approval of Commercial Property Improvement Grant Program in the Amount of$50,000 to Amar Bakery, LLC d/b/a Amar Bakery & Market located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 14-15 I. Approval of Commercial Rent Reimbursement Grant Program in the Amount of$21,000 to Amar Bakery, LLC d/b/a Amar Bakery & Market located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 14-15 J. Approval of 90-day Extension for the Commercial Property Improvement Grant for The Coffee and Ale Exchange, LLC d/b/a Bond Street Ale and Coffee Located at 400 N. Federal Highway, Unit 12 K. Approval of a 90-day Extension Request for the Commercial Property Improvement Grant Program for Advantage Physical Therapy LLC d/b/a Apex Network Physical Therapy#39 located at 906 S. Federal Highway, Suite L. Approval of a Waiver for the Commercial Property Improvement Grant Program to JWS Investments Restaurant d/b/a Tropical Island Restaurant located at 126 W. Boynton Beach Boulevard 11. Pulled Consent Agenda Items 12. Old Business A. Consideration and Discussion of Fiscal Year 2022-2023 Project Fund REVISED Budget B. Update to Discussion on Amendment to Exhibit A, Marina Rules and (TABLED Regulations, of the Dockage Lease Agreement for the Boynton Harbor 07/12/2022) 2 ) Marina C. Discussion and Consideration of Lease Amendment between Boynton (TABLED Beach CRA and Cafe Barista, Inc. d/b/a Hurricane Alley 07/12/2022)2 ) D. Discussion and Consideration of Purchase and Sale Agreement for 1213 NW 4th Street, the Cherry Hill Mart E. Discussion and Consideration of Revisions to the Economic Development Grant Program Guidelines and Applications for FY 2022-2023 F. Discussion and Consideration of the Commercial Rent Grant Program Reimbursement Extension Guidelines and Applications for FY 2020-2021 G. Discussion and Consideration of a Draft RFP/RFQ for the CRA-owned Property located at 401-411 E. Boynton Beach Boulevard 13. New Business A. Discussion and Consideration of Florida Technical Consultants, LLC Lease Extension B. Discussion and Consideration of PBSO and the Fuel Discount for the REVISED Boynton Harbor Marina C. Consideration of Registration and Travel Expenses to Attend the International Economic Development Council Conference on September 18 -21, 2022 in Oklahoma City, Oklahoma D. Consideration of Registration and Travel Expenses to Attend the Florida Redevelopment Association 2022 Annual Conference on October 12-14 in Daytona Beach E. CRA Board Discussion and Consideration of Executive Director's Annual Performance Review for FY 2022-2023 14. CRA Projects in Progress A. CRA Economic& Business Development Grant Program Update B. Boynton Beach Night Market Recap C. Social Media & Print Marketing Update D. 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. Discussion and Consideration of Purchase and Development Agreement with Pulte Home Company, LLC for the Cottage District Infill Housing Redevelopment Project D. Discussion and Consideration of Purchase of Vacant Lot Located at NW 2nd Street from Boca Regional Hospital 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITHA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE INAND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256,AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRNS WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRNS WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 MEETING VIDEO AGENDAITEM: SUBJECT: REVISED SUMMARY: REVISED i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 LEGAL AGENDAITEM: 6.A. SUBJECT: Discussion and Consideration of Steven Grant's Request for Informed Consent from the BBCRA to Represent Various Entities in Pending Matters Before the BBCRA SUMMARY: Steven Grant is the former Chair of the Boynton Beach Community Redevelopment Agency. Mr. Grant has been engaged by Florida Technical Consultants, LLC, Cafe Barista, Inc. d/b/a Hurricane Alley and Splashdown Divers to represent them in matters that have previously been before the BBCRA while Mr. Grant was the Board Chair(see Attachments 1-111). Florida Bar Rule 4-1.11(d)(2)(b) requires the CRA to give informed consent for Mr. Grant to act as counsel for the above-referenced parties. Further, the Code of Ethics for Public Officers and Employees, Section 112.313(14), Florida Statutes prohibits former local officers from representing entities for compensation before the government body or agency of which the person was an officer for a period of two years (see Attachment IV). Mr. Grant has written a letter seeking the informed consent from the CRA to represent Florida Technical Consultants, LLC, Cafe Barista, Inc., and Splashdown Divers. On August 4, 2022, CRA staff and legal received two letters from Mr. Grant rescinding his request for informed consent to represent Hurricane Alley and Florida Technical Consultants (see Attachment V -V I). FISCAL IMPACT: Not applicable CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined by the CRA Board ATTACHMENTS: Description Attachment I -07/26/2022 Grant Email and Letter for Informed Consent to Represent FTC D Attachment II -07/26/2022 Grant Email and Letter re Lease Amendment and Ethics for Hurricane Alley D Attachment III -Grant Letter Representing Splashdown Divers D Attachment IV - Post Employment Ethics Rules D Attachment V - Letter from Mr. Grant for Hurricane Alley D Attachment VI - Letter from Mr. Grant for Florida Technical Consultants Curfman, Vicki From: Shutt, Thuy Sent: Tuesday,July 26, 2022 3:47 PM To: Steven B. Grant;tduhy@llw-law.com Cc: Curfman,Vicki; Tack,Timothy; Utterback,Theresa; Hill,Vicki Subject: RE: Request for Informed Consent Good afternoon, Thank you, we will review and get back to you if there are questions. Ti...0 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 33435 ,�" ShuttT@bbfLus http://www.boyntonbeachcra.com BOY TON EACH COMMUNITY V L ,� n 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: Steven B. Grant<steven@grantlegal.com> Sent:Tuesday,July 26, 2022 1:17 PM To: Shutt,Thuy<ShuttT@bbfl.us>;tduhy@llw-law.com Subject: Request for Informed Consent Kindly find attached, with the request for informed consent to represent Florida Technical Consultants, LLC. I will be unable to attend the August 9, 2022, CRA Board meeting; therefore, please inform me if you have any questions or concerns before I leave on August 5, 2022. Steven B. Grant, Esq. PO Box 424 Boynton Beach, FL 33425 Phone 1-561-880-5529 www.grantlegal.com NOTE:This e-mail is from a law firm,Steven B.Grant,Esq.("SBG"),and is intended solely for the use of the individual(s)to whom it is addressed.If you believe you received this e-mail in error,please notify the sender immediately,delete the e-mail from your computer and do not copy or disclose it to anyone else.If you are not an existing client of SBG, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to SBG in reply that you expect it to hold in confidence.If you properly received this e-mail as a client,co-counsel or retained expert of SBG,you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. FDCPA Notice:This firm is a debt collector.Any information obtained or provided may be used for that purpose 2 Steven B. Grant, Esquire Attorney and Counselor at Law Steven B. Grant PO Box 424 Phone: 1-561-767-8750 (DC,FL,MD,WV) Boynton Beach Florida 33425 Fax: 1-561-423-3769 FL Civil Law Notary Email: Steven@GrantLegal.com July 26, 2022 VIA ELECTRONIC MAIL <shuttt@bbfl.us>; and<tduhy@llw-law.com> Boynton Beach Community Redevelopment Agency 100 E Ocean Ave, 4h Floor Boynton Beach, FL 33435 RE: Notice of Request for Informed Consent to Represent Florida Technical Consultants, LLC Dear Chair Penserga, Vice-Chair Cruz and Board Members Hay, Turkin & Kelley: Pursuant to Florida Rules of Professional Conduct Chapter 4 Section 1.11 "SPECIAL CONFLICTS OF INTEREST FOR FORMER AND CURRENT GOVERNMENT OFFICERS AND EMPLOYEES" I am requesting for informed consent to represent and appear on behalf of Florida Technical Consultants, LLC ("FTC') for their lease extension agreement. The Florida Bar states there may be special conflicts in regard to my former position as a Public Officer on an appointed board, the Boynton Beach Community Redevelopment Agency ("BBCRA"). In order for me to represent FTC there can be conflicts of interest if informed consent is given and I state the following: I do not have information averse or would put the BBCRA in a disadvantage; the representation is not materially adverse to the interests of BBCRA nor will I reveal any information except as provided by the Florida Rules of Professional Conduct, citing Chapter 4 Section 1.11(a)(1). The matter coming before the BBCRA is a new lease extension from the contract that occurred on September 21, 2021 between 500 Ocean Properties, LLC and FTC. The clause, "The Parties reserve the right, in their sole and absolute secretion, to terminate this lease for any reason upon providing 90 days written Notice to the other Party." I may have personally and/or substantially participated in the matter for the September 21, 2021, lease extension by requiring the aforementioned clause to be included per negotiations with 500 Ocean Properties, LLC. I have included the lease extension from September 28, 2020, where I did not personally and/or substantially participate as a Public Officer as provided by the Florida Rules of Professional Conduct, citing Chapter 4 Section LI I(a)(2).Therefore, there may be a special conflict of interest existing because of the 90 day limitiation. If you believe this special conflict exists, please inform me; regardless, I kindly request informed consent to represent FTC. Thank you in advance for your cooperation. If you have any questions, please do not hesitate to call our office. Steven B. Grant, Esq. Florida Bar. No.: 85017 cc: Florida Technical Consultants, LLC Lease Extension Agreement September 28, 2020 500 Ocean Properties, LLC, a Florida limited liability company whose mailing address is 511 E Ocean Avenue, Boynton Beach, FL 33435 ("LANDLORD")and Florida Technical Consultants, LLC, a Florida limited liability company("TENANT")agree to extend lease on said premises know as 533 E Ocean Ave#2 and#3, Boynton Beach, FL 33435, original lease dated 15th day of October 2017. For good consideration 500 Ocean Properties, LLC and Florida Technical Consultants, LLC "tenant") agree to extend the said lease for a period of one year,starting date of 15th day of October 2020 and terminating on the 14th day of October 2021. The parties agree that no further right of renewal or extension shall exist beyond the termination date indicated above unless both parties agree to another lease extension agreement. During the lease extension period, Florida Technical Consultants, LLC, ("tenant") agrees to pay rent in the amount of$1300.00(One thousand#aws �t 'vj per month. This agreement shall be binding upon and shall insure the benefit off the parties,their successors,assigns, personal agents and managing members. Landlord 0 4At 41A)ln Date _112 2X:) Tenant ac Date —150T 'I a 2020 Witness Date Lease Extension Agreement September 21,2021 500 Ocean Properties, LLC, a Florida limited liability company whose mailing address is 511 E Ocean Avenue, Boynton Beach, FL 33435 ("LANDLORD")and Florida Technical Consultants, LLC, a Florida limited liability company("TENANT")agree to extend lease on said premises know as 533 E Ocean Ave#2 and #3, Boynton Beach, FL 33435,original lease dated 15th day of October 2017. For good consideration 500 Ocean Properties, LLC and Florida Technical Consultants, LLC "tenant") agree to extend the said lease for a period of one year,starting date of 15th day of October 2021 and terminating on the 14th khnical October 2022. The Parties reserve the right, in their sole and absolute discretion,to to this lease for any reason upon providing 90 days written Notice to the other Party. Initial (Tenant) L11 /-- During the lease extension period, Florida Consultants, LLC, ("tenant") agrees to pay rent in the amount of$1340.00(One thousand three hundred forty) per month. This agreement shall be binding upon and shall insure the benefit of the parties,their successors, assigns, personal agents and managing members. Landlord N, kqyneif A h Date Tenant Date IXciT ( Gyzl Witness Date Curfman, Vicki From: Shutt, Thuy Sent: Tuesday,July 26, 2022 3:50 PM To: Steven B. Grant;tduhy@llw-law.com Cc: laker@kappmorrison.com; Utterback,Theresa; Tack,Timothy; Hill,Vicki; Utterback, Theresa; Curfman, Vicki Subject: RE: Lease Amendment for Cafe Barista, Inc. and Request for Ethics Opinion Good afternoon, Thank you, we will review and get back to you if there are questions. Ti...0 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 33435 561-600-9098 ShuttT@bbfLus http://www.boyntonbeachcra.com s BOY TO �( r COMMUNITY ,,,- UNIT DwV L, °: M. 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: Steven B. Grant<steven@grantlegal.com> Sent:Tuesday,July 26, 2022 12:36 PM To: Shutt,Thuy<ShuttT@bbfl.us>;tduhy@llw-law.com Cc: laker@kappmorrison.com Subject: Lease Amendment for Cafe Barista, Inc. and Request for Ethics Opinion Kindly find attached, the letter with the pre approved lease terms from Affiliated Development and update on the status for an Ethics Opinion from the Florida Commission of Ethics. I will be unable to attend the August 9, 2022, CRA Board meeting; therefore, please inform me if you have any questions or concerns before I leave on August 5, 2022. Steven B. Grant, Esq. PO Box 424 Boynton Beach, FL 33425 Phone 1-561-880-5529 www.grantlegal.com NOTE:This e-mail is from a law firm,Steven B.Grant,Esq.("SBG"),and is intended solely for the use of the individual(s)to whom it is addressed.If you believe you received this e-mail in error,please notify the sender immediately,delete the e-mail from your computer and do not copy or disclose it to anyone else.If you are not an existing client of SBG, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to SBG in reply that you expect it to hold in confidence.If you properly received this e-mail as a client,co-counsel or retained expert of SBG,you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. FDCPA Notice:This firm is a debt collector.Any information obtained or provided may be used for that purpose 2 Steven B. Grant, Esquire Attorney and Counselor at Law Steven B. Grant PO Box 424 Phone: 1-561-767-8750 (DC,FL,MD,WV) Boynton Beach Florida 33425 Fax: 1-561-423-3769 FL Civil Law Notary Email: Steven@GrantLegal.com July 26, 2022 VIA ELECTRONIC MAIL <shuttt@bbfl.us> and<tduhy@IIw-Iaw.com> Boynton Beach Community Redevelopment Agency 100 E Ocean Ave, 4th Floor Boynton Beach, FL 33435 RE: Lease Extension Ethics Opinion from Commission on Ethics Dear Chair Penserga, Vice-Chair Cruz and Board Members Hay, Turkin & Kelley: This firm continues to represent Caf6 Barista,Inc.in the lease extension discussion and update of Florida Ethics. Per our discussion on July 12, 2022; kindly find attached the lease amendment with prior approval from Affiliated Development a/k/a BB QOZ,Inc. A redline copy is also included,that details the lease history, attached as Exhibit"A." The September 1,2017, lease extension between 500 Ocean Properties,LLC and Caf6 Barista, Inc. defines the amount for rent plus all applicable sales taxes. However,the lease only provides for a percentage of other types of costs and expenses. My client has approval for the payment of$7,297.71 for the term of the lease extension. On July 21,2022,the Florida Commission on Ethics emailed their confirmation of my request for an opinion.I have attached the email and letter, attached as"Exhibit B".My apologies,I incorrectly stated Attorney General Ashley Moody would be issuing the opinion. If the BBCRA desires more opinions; I can request more opinions. I believe there are at least three other regulating agencies that can provide opinions. Thank you in advance for your cooperation. If you have any questions,please do not hesitate to call our office. Steven B. Grant, Esq. Florida Bar. No.: 85017 cc: Caf6 Barista, Inc. Lance Aker, Esq. Exhibit " A " LEASE AMENDMENT THIS LEASE AMENDMENT ("Amendment") is entered into this 1st day of September, 2022, ("Effective Date") between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("Lessor"), having an address of 100 E Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435, and CAFE BARISTA, INC., a Florida corporation, d/b/a Hurricane Alley Raw Bar & Restaurant ("Lessee"), whose address is 529 East Ocean Avenue, Boynton Beach, Florida 33435. RECITALS: WHEREAS, Harvey E. Oyer, Jr., as former Landlord, and Lessee entered into that certain Business Lease (as amended, the "Lease"), dated October 2, 2007, for ground floor retail space located at 527, 529, and 531 East Ocean Avenue, Boynton Beach, Florida to be used exclusively as a restaurant ("Leased Premises"), and WHEREAS, Lessor and Lessee mutually desire to further amend the Lease in accordance with the terms and conditions contained herein. NOW, THEREFORE, in consideration of the above recitals, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which both parties hereto acknowledge, Lessor and Lessee hereby agree as follows: AGREEMENT: 1. RECITALS. The above Recitals are true, correct and to the belief of the Lessor and Lessee are incorporated herein by this reference 2. OTHER LEASE PROVISIONS. Unless specifically amended by this Amendment, all other terms and conditions of the Lease, as previously amended, remain unchanged and in full force and effect. 3. EXTENSION OF TERM AND RENT. Lessor and Lessee hereby agree that the Lease term is hereby extended an additional one (1) year and shall expire on August 31, 2023. Lessee shall have the right to an additional six (6) month extension upon providing not less than thirty (30) days prior written notice to Lessor. Additional requests will need to be approved by the Boynton Beach Community Redevelopment Agency Board. The rent shall be $5,875.00 per month, which includes $4,500.00 of base rent for the restaurant, $1,000.00.00 for the Alcohol License, and $375.00 for the upstairs office 4. Lessee shall pay the Rent, plus all applicable sales taxes, to Lessor each month, without demand. In addition to the Rent, Lessee shall also pay a percentage of Lessor's: insurance, garbage and recycling dumpster fees; and taxes. Lessee's total payment to Lessor each month shall remain unchanged for the term of this lease at Seven Thousand Two Hundred Ninety-Seven and 71/100 Dollars ($7,297.71). 4. RIGHT OF TERMINATION.Notwithstanding anything to contrary set forth 296467v2 herein or in the Lease, the Lessor shall have the right to terminate the Lease at any time by providing at least sixty (60) days prior written notice to Lessee;provided, however that the date of termination of the Lease shall not be prior to the date that the Leased Premises are sold to BB QOZ, LLC, a Florida limited liability company. IN WITNESS WHEREOF, the Lessor and Lessee have executed this Amendment effective as of the day and year first above written. Signed, sealed and delivered in the presence o£ LESSOR: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Florida Dependent Special District By: Print Name: Ty Penserga, Chair Print Name: 296467v2 LESSEE: CAFE BARISTA, INC., a Florida Corporation, d/b/a Hurricane Alley Raw Bar & Restaurant By: Print Name: Kimberly B. Kelly, President Print Name: 296467v2 LEASE AMENDMENT THIS LEASE AMENDMENT ("Amendment")is entered into this 1st day of September, 2022, ("Effective Date") between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("Lessor"), having an address of 100 E Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435, and CAFE BARISTA, INC., a Florida corporation, d/b/a Hurricane Alley Raw Bar & Restaurant ("Lessee"), whose address is 529 East Ocean Avenue, Boynton Beach, Florida 33435. RECITALS: WHEREAS, Harvey E. Oyer, Jr., as former Landlord, and Lessee entered into that certain Business Lease (as amended_ the "Lease"), dated October 2, 2007, for ground floor retail space located at 527, 529, and 531 East Ocean Avenue, Boynton Beach, Florida to be used exclusively as a restaurant("Leased Premises"); and ,6 +K410A ,ttgy�,,[5°4e. 9$'S,rn Y G as I✓1 G ✓1&9^A 5s9T {pg ,{gg q y.^ry ' '°� 4-i✓9 G,$' if,cn ... R ,!."`s4.9__""$FN�,.. $"$7CS-BHTbwfl ""9.5 -9.5""". .".2.W N. ._R"".". ... ,.R""" :. :.p Y. _. : .::E-1. ' ; y ,eft "". _.. -di + on .... "�."_ .___ WHEREAS, Lessor and Lessee mutually desire to further amend the Lease in accordance with the terms and conditions contained herein. NOW, THEREFORE, in consideration of the above recitals, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which both parties hereto acknowledge, Lessor and Lessee hereby agree as follows: AGREEMENT: 1. RECITALS. The above Recitals are true, correct and to the belief of the Lessor and Lessee are incorporated herein by this reference 296467v-t2 2. OTHER LEASE PROVISIONS. Unless specifically amended by this Amendment, all other terms and conditions of the Lease, as previously amended, remain unchanged and in full force and effect. 3. EXTENSION OF TERM AND RENT. Lessor and Lessee hereby agree that the Lease term is hereby extended an additional one (1) year and shall expire on August 31, 2023. Lessee shall have the right to an additional six (6) month extension upon providing not less than thirty (30) days pn* r written notice to Lessor. Additional requests will need to be approved by the Boynton Beach Community Redevelopment Agency Board. The rent shall be $5,875.00 per month, which includes $4,500.00 of base rent for the restaurant, $1,000.00.00 for the Alcohol License, and $375.00 for the upstairs office 4. Lessee shall pay the Rent, plus all applicable sales taxes, to Lessor each month, without demand. In addition to the Rent, Lessee shall also pay a percentage of Lessor's: insurance, garbage and recycling dumpster fees; and taxes. Lessee's total payment to Lessor each month shall remain unchanged for the term of this lease at Seven Thousand Two Hundred Ninety-Seven and 7 1/100 Dollars ($7,297.71). 4. RIGHT OF TERMINATION. -Wit4wm4it --- the-1.,res-sofx+wfft+ v Notwithstanding ana hing to contrary set forth herein or in the Lease, the Lessor shall _ +have the right to terminate the Lease .fit any f mieffd+ff bnroviding aL kaA sixty (60) days written notice to Lessee. brovided_ however that the date of termination of the Lease shall not be prior to the date tthat the Leased Premises are sold to BB OOZ_ LLC_ a Florida limited liability corm. IN WITNESS WHEREOF, the Lessor and Lessee have executed this Amendment effective as of the day and year first above written. Signed, sealed and delivered in the presence of- LESSOR: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Florida Dependent Special District By: Print Name: Ty Penserga, Chair Print Name: 296467v-1-2 LESSEE: CAFE BARISTA, INC., a Florida Corporation, d/b/a Hurricane Alley Raw Bar & Restaurant By: Print Name: Kimberly B. Kelly, President Print Name: 296467v-1-2 Document comparison by Workshare 10.0 on Monday, July 18, 2022 12:10:41 PM Input: Document 1 ID iManage://138A2-DMS.IMANAGE.WORK/iManage/29646 7/1 Description #296467vl<iManage> - Lease Amendment - Cafe Barista Document 2 ID iManage://138A2-DMS.IMANAGE.WORK/iManage/29646 7/2 Description #296467v2<iManage> - Lease Amendment - Cafe Barista Rendering set Standard Legend: Insertion MMov e Style change Format change M :° Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 10 Deletions 10 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 20 Exhibit " B " Grant, Steven From: Stillman, Kerrie <STILLMAN.KERRIE@leg.state.fl.us> Sent: Sunday,July 24, 2022 2:03 PM To: Steven B. Grant Subject: Re: Request for Opinion on Florida Statute 112.313(14) Mr. Grant, You request was received and has been assigned to Gray Schafer. He will be in touch with you regarding your request. Thank you. Sent from my Whone On Jul 21, 2022, at 5:16 PM, Steven B. Grant<steven@grantlegal.com>wrote: Dear Ms. Stillman: Kindly find attached my request for an opinion. I have included hyperlinks to the Statutes and Resolution mentioned. Steven B. Grant, Esq. PO Box 424 Boynton Beach, FL 33425 Phone 1-561-880-5529 www.grantle NOTE:This e-mail is from a law firm,Steven B.Grant,Esq.("SBG"),and is intended solely for the use of the individual(s)to whom it is addressed.If you believe you received this e-mail in error,please notify the sender immediately,delete the e-mail from your computer and do not copy or disclose it to anyone else.If you are not an existing client of SBG,do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to SBG in reply that you expect it to hold in confidence.If you properly received this e-mail as a client,co-counsel or retained expert of SBG,you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. FDCPA Notice:This firm is a debt collector.Any information obtained or provided may be used for that purpose <2022.07.21 Letter to Ethics.pdf> 1 Steven B. Grant, Esquire Attorney and Counselor at Law Steven B. Grant PO Box 424 Phone: 1-561-767-8750 (DC,FL,MD,WV) Boynton Beach Florida 33425 Fax: 1-561-423-3769 FL Civil Law Notary Email: Steven@GrantLegal.com July 21, 2022 VIA ELECTRONIC MAIL <Stillman.Kerrie@leg.state.fl.0 s> Commission on Ethics CIO Kerrie Stillman P.O. Drawer 15709 Tallahassee, FL 32317-5709 RE: Question on Florida Statute §112.313 14)(d) Dear Ms. Stillman: I recently vacated the elected position of Mayor for the City of Boynton Beach, Florida. I am a licensed attorney and must follow the Rules Regulating The Florida Bar Chapter 4 Rules of Professional Conduct Rule 4-1.11(a) as a Former Public Officer. I would like to represent a Florida Corporation before the Boynton Beach Community Redevelopment Agency(`BBCRA")to discuss a lease extension for a property owned by the BBCRA. The BBCRA was created under Florida Statute16§ 3.356(l) as a public body corporate and poltic, see City of Boynton Beach Resolution 82-KK. Florida Statute§163.340(2) defines the term of "Public Body" citing special district as defined in s. 165.031(7).Florida Statute16§ 5.0310 states the following: "Special District" means a local unit of special government, as defined in s. 189.012. This term includes dependent special districts, as defined in s. 189.012, and independent special districts, as defined in s. 189.012. All provisions of s. 200.001(8)(d) and (e) shall be considered provisions of this chapter. Under Florida Statute §189.012(2) a"Dependent special district"is defined, requiring at least one of the four criteria. The BBCRA may qualify under Florida Statute §189.012(2)(a) and d) as a Dependent Special District. In addition, Florida Statute §189.012(6) further defines Special District and exemptions for the term: ,,Special District" means a unit of local government created for a special purpose, as opposed to a general purpose, which has jurisdiction to operate within a limited geographic boundary and is created by general law, special act, local ordinance, or by rule of the Governor and Cabinet. The term does not include a school district, a community college district, a special improvement district created pursuant to s. 285.17, a municipal service taxing or benefit unit as specified in s. 125.01, or a board which provides electrical service and which is a political subdivision of a municipality or is part of a municipality. I do not believe the City of Boynton Beach created a new municipality and therefore; I would consider the BBCRA a special district, specifically a dependent special district. My questions are the Florida following: I. Is the Boynton Beach Community Redevelopment Agency a Dependent Special District under Florida Statute §189.012(2), a Special District under Florida Statute §189.012(6), or is there another definition for public body corporate and politic? 2. As former Mayor for the City of Boynton Beach;was I appointed to the Boynton Beach Community Redevelopment Agency. 3. Is the Boynton Beach Community Redevelopment Agency a "government body or agency" as defined in Florida Statute §112.313(14)?" Thank you in advance for your cooperation. If you have any questions,please do not hesitate to call our office. Steven B. Grant, Esq. Florida Bar. No.: 85017 Steven B. Grant, Esquire Attorney and Counselor at Law Steven B. Grant PO Box 424 Phone: 1-561-767-8750 (DC,FL,MD,WV) Boynton Beach Florida 33425 Fax: 1-561-423-3769 FL Civil Law Notary Email: Steven@GrantLegal.com May 27, 2022 VIA ELECTRONIC MAIL <KRossmeII*Ilw-Iaw.com> Boynton Beach Community Redevelopment Agency CIO Thuy Shutt 100 East Oeacn Ave, 4th Floor Boynton Beach, FL 33435 RE: Our Client: DiveDiveDive, LLC May 13, 2022, Warning Notice Dear Ms. Shutt: Please be advised that our firm has been retained to represent the above-referenced entity for legal representation. My client acknowledges receipt of the May 13, 2022, Warning Notice. My client disputes most allegations contained in the accompanying incident report. My client understands that Waypoint Marine emlpoyees may have a different perception for the incidences that happened on March 10, 2022; March 18, 2022; and April 29, 2022; and my client desires to move forward with an understanding of speaking with my firm to raise any concerns or disputes. However, the accusation on May 1, 2022, by Natalie has resulted in harassment of my client's employee, Paul. My client firmly denies the statement, "you should take your clothes off then." having occured and spoke with the third individual who also does not recall that statement being stated. My client can understand that there was a miscommunication; however, my client cannot accept that the statement was made by his employee,Paul and therefore,rejects Natilie's interpretation of the encounter. Please provide any additional information regarding this incident as my client does not accept an accusation of sexual harassment. Furthermore,we are requesting the Lessor enforce section 15. of Exhibit"A"Boynton Harbor Marina Rules and Regulations Governing Dockage that requires enforcement of the Boynton Harbor Marina parking spaces: The Boynton Harbor Marina slip spaces designated as "loading and unloading only" are for the express and exclusive use of the LESSOR and LESSEE between the hours of 6am to 6pm seven days a week. Thank you in advance for your cooperation. If you have any questions,please do not hesitate to call our office. Steven B. Grant, Esq. Florida Bar. No.: 85017 Cc: DiveDiveDive, LLC The Code of Ethics for Public Officers and Employees Section 112.313(14), Florida Statutes provides: LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION. A person who has been elected to any county, municipal, special district, or school district office or appointed superintendent of a school district may not personally represent another person or entity for compensation before the government body or agency of which the person was an officer for a period of 2 years after vacating that office. (c) The "government body or agency" of an elected municipal officer consists of the governing body of the municipality, the chief administrative officer or employee of the municipality, and their immediate support staff. The Palm Beach County Code of Ethics does not address post-employment ethics rules for local municipal governing bodies or mayors. Palm Beach County does; however, have a Post-Employment Ethics Ordinance. It only addresses County employees and officials. RULE 4-1.11 SPECIAL CONFLICTS OF INTEREST FOR FORMER AND CURRENT GOVERNMENT OFFICERS AND EMPLOYEES (a) Presentation of Private Client by Former Public Officer or Employee. A lawyer who has formerly served as a public officer or employee of the government: (1) is subject to rule 4-1.9(b) and (c); and (2) shall not otherwise represent a client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee, unless the appropriate government agency gives its informed consent, confirmed in writing, to the representation. (c) Use of Confidential Government Information. A lawyer having information that the lawyer knows is confidential government information about a person acquired when the lawyer was a public officer or employee may not represent a private client whose interests are adverse to that person in a manner in which the information could be used to the material disadvantage of that person. As used in this rule, the term "confidential government information" means information that has been obtained under governmental authority and which, at the time this rule is applied, the government is prohibited by law from disclosing to the public or has a legal privilege not to disclose and which is not otherwise available to the public... 01755316-1 Steven B. Grant, Esquire Attorney and Counselor at Law Steven B. Grant PO Box 424 Phone: 1-561-767-8750 (DC,FL,MD,WV) Boynton Beach Florida 33425 Fax: 1-561-423-3769 FL Civil Law Notary Email: Steven@GrantLegal.com August 4, 2022 VIA ELECTRONIC MAIL <tduhy@IIw-Iaw.com><NicklienB@bbfl.us> Boynton Beach Community Redevelopment Agency 100 E Ocean Ave, 4th Floor Boynton Beach, FL 33435 RE: Withdrawal of Representation Dear Ms. Nicklien and Attorney Duhy: This firm is withdrawing from representation of Cafe Barista, Inc. dba Hurricane Alley Bar and Grill. Pursuant to Florida Commission of Ethics Rule 2016-15 Question 2, I am unable to "personally represent another person or entity for compensation"before the CRA Board that consists of the City of Boynton Beach City Commission. I have not received any compensation for any work product provided to Cafe Barista, Inc. and pursuant to Florida Commission of Ethics Rule 2016-15 Question 3, I am able to be a part of a team as long as I "do not physically appear before the Commission, write no letters to and file no documents with the Commission, and do not personally communicate with the Commission members or their aides." Thank you in advance for your cooperation. If you have any questions, please have your attorney contact this office. Steven B. Grant, Esq. Florida Bar. No.: 85017 cc: Cafe Barista, Inc. Steven B. Grant, Esquire Attorney and Counselor at Law Steven B. Grant PO Box 424 Phone: 1-561-767-8750 (DC,FL,MD,WV) Boynton Beach Florida 33425 Fax: 1-561-423-3769 FL Civil Law Notary Email: Steven@GrantLegal.com August 4, 2022 VIA ELECTRONIC MAIL <tduhy@llw-law.com> <NicklienB@bbfl.us> Boynton Beach Community Redevelopment Agency 100 E Ocean Ave, 4t'Floor Boynton Beach, FL 33435 RE: Recall of request for Informed Consent Dear Ms. Nicklien and Attorney Duhy: This firm is recalling my request for informed consent from representation of Florida Technical Consultants, LLC. Pursuant to Florida Commission of Ethics Rule 2016-15 Question 2, I am unable to "personally represent another person or entity for compensation" before the CRA Board that consists of the City of Boynton Beach City Commission. I have not received any compensation nor provided representation before the Boynton Beach CRA for any work product and pursuant to Florida Commission of Ethics Rule 2016-15 Question 3, I am able to be a part of a team as long as I "do not physically appear before the Commission, write no letters to and file no documents with the Commission, and do not personally communicate with the Commission members or their aides." Thank you in advance for your cooperation. If you have any questions, please have your attorney contact this office. Steven B. Grant, Esq. Florida Bar. No.: 85017 cc: Florida Technical Consultants, LLC i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 PENDING ASSIGNMENTS AGENDA ITEM: A.1. SUBJECT: Review and Discuss the CRA Funded Current and New Business Promotions and Marketing Events including Strategies to Promote the Marina SUMMARY: At the June 14, 2022 meeting, the CRA Board assigned the CRAB with the task of reviewing current CRA funded business promotional events and researching ideas of different event concepts and marketing strategies to determine if any revisions or alterations could be made to improve the existing efforts. The CRA Board specifically expressed interest in learning about current events that provide an economic impact for businesses, as well as, marine related events that would activate the Boynton Harbor Marina and Intracoastal waterways (see Attachment 1). Some important aspects to consider and documents to review during the research process include: • The Florida Statutes that pertain to the types of projects and expenditures that can be funded by the CRA: - F.S.163.370; Powers; counties and municipalities; community redevelopment agencies (see Attachment II) - F.S.163.387 Redevelopment trust fund (see Paragraph 5(c)of Attachment 111) • The Business Promotional Events that were budgeted and held in FY 2021-2022 (Attachment IV): • Boynton Beach Haunted Pirate Fest& Mermaid Splash • Holiday Boat Parade • Boynton Beach Art Walk • Blarney Bash • Rock the Block • Rock the Plaza • Rock the Marina • Boynton Beach Night Market • The types of events and marketing initiatives that the CRA can fund: • Events and marketing initiatives that support BBCRA businesses with growth, retention, and expansion • Events and marketing initiatives that attract local residents and visitors to the BBCRA area • Events and marketing initiatives that highlight a particular geographical area (i.e. Rock the Plaza) or highlight a particular industry within the BBCRA Area (i.e. Art Walk or Rock the Marina) • Events and marketing initiatives that educate the public about projects and business within the BBCRA area (i.e. ribbon cuttings, ground breakings, and grand openings) • Additional aspects to consider when brainstorming ideas: • What is the intent or purpose for the proposed event? • Does the event further the goals and objectives of the C RA Redevelopment Plan? • Can an economic benefit be clearly identified and measured by providing the event? • Is there a direct benefit to the residents or businesses within the CRA area? • What types of events will support the local business community? • Are there specific locations or designated areas within the CRA area where the event must be held in order to qualify? • What is the cost-benefit associated with the event? • How can the cost be leveraged with other non-CRA funds (e.g. grants, sponsorships, etc.)? • What types of expenses qualify for reimbursement under the budget? For additional guidance regarding protocols, reference the Community Redevelopment Advisory Board Duties, which outlines specific steps that should be followed when completing the assignment (Attachment V). CRA staff recommends CRAB establishing a timeline or target completion date if the resulting recommendations require allocations of funds in future fiscal year budgets. Fiscal year budget planning begins in April of each year. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: To be determined by the Board. ATTACHMENTS: Description D Attachment I -June 14, 2022 C RA Board Meeting M inutes D Attachment II - Florida State Statute 163-370 D Attachment III - Florida State Statute 163-387 D Attachment IV - FY 21-22 Business Promotional Events Budget D Attachment V - May 10, 2016 Community Redevelopment Advisory Board Duties Memo Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 Attorney Rossmell explained that under the lease, the CRA owns and can control 150 public spaces, so if the CRA wanted to lease those spaces or mark them for a particular use, they could. Board Member Kelley queried how the public parking and the employee parking spaces would be marked and noted that the GRA does not enforce parking. She did not want the Board to cause complaints about parking. Mr. Bonilla responded that they will try to figure out enforcement and work with City to reserve the 20 spaces. Once the project is built, Affiliated will then reallocate the spaces to Two Georges in perpetuity. Board Member Hay further questioned that if leased out, how would they determine the cost per parking space, or if they will charge at all. Ms. Shutt replied that the Board can direct staff and Legal to develop a lease agreement. Chair Penserga requested that they approach Hyperion first to minimize impact and try to work out a deal with them because public parking spaces are very much needed by the community. C. Consideration of Changing the Start Time for the CRA Board Meetings Motion Board Member Hay moved to change the meeting time to 6 p.m, Board Member Kelley seconded the motion. The motion passed unanimously. Chair Penserga announced the meeting time was changed to 6 p.m. to be consistent with the City Commission meetings. D. Discussion and Consideration of Direction and Assignments for CRA Advisory Board Ms. Shutt presented the item and explained that they are approaching the budget hearings. She advised that in the past, the Board has given the CRA Advisory Board items to review and there are new Board Members eager and willing to serve. She asked if the Board wanted to provide parameters regarding new assignments and if the Board wants them to look at new assignments and/or make budget recommendations for the CRA Board to review. Chair Penserga stated that he supports the Advisory Board reviewing and providing advice on the budget and reviewing terms of any major development contracts when available. Vice Chair Cruz inquired if the Advisory Board would review LOI's and learned that can be done on a case-by-case basis as many of the LOl's vary. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 Chair Penserga favored, if assigning something to the Advisory Board, that it be meaningful. Board Member Turkin mentioned the CRA should use the Marina more and focus on events on the Intracoastal. Ms. Shutt replied that they are reviewing those very issues with the Dockmaster. She expounded that it would be a broader research assignment to work with City staff on bigger events, but the CRA cannot fund those events and it would be better if they work with Parks and Recreation Department and the City Commission as well as CRA promotional events. Board Member Kelley thought that they have set things and activities and wondered if they could use the CRA Advisory Board to brainstorm for potential new events, advertising ideas and thinking of creative ways to market them. Chair Penserga offered that he liked both ideas, but noted it has to do with events the GRA can actually fund. He also suggested that the Advisory Board think about new and current events to help determine which current events are effective in driving economics. Board Member Hay mentioned that he liked brainstorming, but that he did not want an extra layer for perhaps an LOI as there would be an issue with exposure and he thought the Board should avoid that. After brief discussion, there was consensus the Advisory Board can review events and brainstorm. Ms. Shutt explained that in the past, the first forum for presentation would be the CRA Board and once the terms and conditions are memorialized in an agreement, the Board usually assigns it to the CRA Advisory Board to review. The Board can direct staff that future competitive LOI's go to the Board first and then the Board can decide the level of Advisory Board involvement. Chair Penserga opened Public Comment. Susan Oyer, 140 SE 27th Way, stated that she was fine with what the Board was doing with the CRA Advisory Board, but thought that the Board was taking power away from the Advisory Boards. She stated that the Board never does what the Planning and Development Board recommends because they had dinner with a developer or hung out with them or they donated to their campaign, and the Board always does what the developer wants, not what the public wants. She asked when the Board would have members of the public on the CRA Board, which was supposed to be a public board. She complained the City Commission does the same. She suggested the Board look at all the Boards and give them their power back. No one else coming forward, Public Comments was closed. 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 Ms. Shutt commented that there is a standard how the agendas are done with respect to the CRA Board and Advisory Board. The City Commission adopted a resolution how the matters will be handled. Chair Penserga responded that they can address this at the appropriate time. There was sufficient consensus for staff regarding this item. E. Discussion and Consideration of Letters of Intent for the CRA-awned Property located at 401-411 E. Boynton Beach Boulevard Tim Tack, Assistant Director, presented the item as contained on the meeting materials. He detailed that the CRA received a LOI from Millspring Property for the purchase of the 401-411 properties for$630K. He elaborated Stephen Miller, President, wants to use this as a commercial location for Strong Heart Foundation, whose mission is to raise awareness of undiagnosed high blood pressure and atrial fibrillation and another use, which is recycling bottles, which is coordinated with the Lord's Place Re-entry programs. Mr. Tack added that if approved, Mr. Miller would pursue acquisition of the property at 413 E. Boynton Beach Boulevard, which would complete their property assemblage. Mr. Tack also conveyed that on June 3rd, the CRA received another LOI from the United States Postal Service, (USPS) since their current building was sold and they need to relocate its retail operations near its current location. Mr. Tack reviewed the terms and the Board's five options as contained in the meeting materials. Mr. Hancock gave a brief overview of their LOI and explained that their goal is to have a retail presence as near to their current location as possible. They are not looking to be part of, or tied into a larger development and this site would not be connected to the current location. He explained it is a stand-alone proposal to lease the space for a new Post Office. Mr. Hancock explained that they would take the shell building and build it out to be used as a long-term retail facility. They also have a postal carrier component to fill at another location so approvals and timelines for this project are more complicated. They would forward any interest or approvals to the USPS for their approval process once the CRA shows interest. (Vice Chair Cruz left the dais at 7:41 p.m.) Mr. Miller announced that he has been a nurse for 40 years and he has been in business for 15 years in the medical industry, which led to him expanding and strengthening the Strong Heart Foundation. He noted that many in lower income communities do not have regular medical check-ups. Strong Heart Foundation would purchase and provide barber shops and hair salons with automated blood pressure cuffs and heart rhythm monitors, which can identify atrial fibrillation, which people usually do not know they have. The building would also serve as a store front to recycle and repurpose bottles, which they coordinate with the Lord's Place. The construction side of this could be done in different buildings as the two buildings are zoned differently. The Strong Heart Foundation would 13 7/20/22, 12:01 PM Statutes&Constitution :View Statutes:Online Sunshine Select Year: 2021 v Go The 2021 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL Chapter RELATIONS PROGRAMS 163.370 Powers; counties and municipalities; community redevelopment agencies.— (1) Counties and municipalities may not exercise the power of eminent domain for the purpose of preventing or eliminating a slum area or blighted area as defined in this part; however, counties and municipalities may acquire property by eminent domain within a community redevelopment area, subject to the limitations set forth in ss. 73.013 and 73.014 or other general law. (2) Every county and municipality shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including the following powers in addition to others herein granted: (a) To make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this part. (b) To disseminate slum clearance and community redevelopment information. (c) To undertake and carry out community redevelopment and related activities within the community redevelopment area, which may include: 1. Acquisition of property within a slum area or a blighted area by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition. 2. Demolition and removal of buildings and improvements. 3. Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, public areas of major hotels that are constructed in support of convention centers, including meeting rooms, banquet facilities, parking garages, lobbies, and passageways, and other improvements necessary for carrying out in the community redevelopment area the community redevelopment objectives of this part in accordance with the community redevelopment plan. 4. Disposition of any property acquired in the community redevelopment area at its fair value as provided in s. 163.380 for uses in accordance with the community redevelopment plan. 5. Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the community redevelopment plan. 6. Acquisition by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition of real property in the community redevelopment area which, under the community redevelopment plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or rehabilitation of the structures for guidance purposes, and resale of the property. 7. Acquisition by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition of any other real property in the community redevelopment area when necessary to eliminate unhealthful, unsanitary, or unsafe conditions; lessen density; eliminate obsolete or other uses detrimental to the public welfare; or otherwise to remove or prevent the spread of blight or deterioration or to provide land for needed public facilities. 8. Acquisition, without regard to any requirement that the area be a slum or blighted area, of air rights in an area consisting principally of land in highways, railway or subway tracks, bridge or tunnel entrances, or other similar facilities which have a blighting influence on the surrounding area and over which air rights sites are to be www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=163.370&URL=0100-0199/01... 1/4 7/20/22, 12:01 PM Statutes&Constitution :View Statutes:Online Sunshine developed for the elimination of such blighting influences and for the provision of housing (and related facilities and uses) designed specifically for, and limited to, families and individuals of low or moderate income. 9. Acquisition by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition of property in unincorporated enclaves surrounded by the boundaries of a community redevelopment area when it is determined necessary by the agency to accomplish the community redevelopment plan. 10. Construction of foundations and platforms necessary for the provision of air rights sites of housing (and related facilities and uses) designed specifically for, and limited to, families and individuals of low or moderate income. (d) To provide, or to arrange or contract for, the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with a community redevelopment; to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements; and to agree to any conditions that it deems reasonable and appropriate which are attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of a community redevelopment and related activities, and to include in any contract let in connection with such redevelopment and related activities provisions to fulfill such of the conditions as it deems reasonable and appropriate. (e) Within the community redevelopment area: 1. To enter into any building or property in any community redevelopment area in order to make inspections, surveys, appraisals, soundings, or test borings and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted. 2. To acquire by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition any personal or real property, together with any improvements thereon. 3. To hold, improve, clear, or prepare for redevelopment any such property. 4. To mortgage, pledge, hypothecate, or otherwise encumber or dispose of any real property. 5. To insure or provide for the insurance of any real or personal property or operations of the county or municipality against any risks or hazards, including the power to pay premiums on any such insurance. 6. To enter into any contracts necessary to effectuate the purposes of this part. 7. To solicit requests for proposals for redevelopment of parcels of real property contemplated by a community redevelopment plan to be acquired for redevelopment purposes by a community redevelopment agency and, as a result of such requests for proposals, to advertise for the disposition of such real property to private persons pursuant to s. 163.380 prior to acquisition of such real property by the community redevelopment agency. (f) To invest any community redevelopment funds held in reserves or sinking funds or any such funds not required for immediate disbursement in property or securities in which savings banks may legally invest funds subject to their control and to redeem such bonds as have been issued pursuant to s. 163.385 at the redemption price established therein or to purchase such bonds at less than redemption price, all such bonds so redeemed or purchased to be canceled. (g) To borrow money and to apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the Federal Government or the state, county, or other public body or from any sources, public or private, for the purposes of this part and to give such security as may be required and to enter into and carry out contracts or agreements in connection therewith; and to include in any contract for financial assistance with the Federal Government for or with respect to community redevelopment and related activities such conditions imposed pursuant to federal laws as the county or municipality deems reasonable and appropriate which are not inconsistent with the purposes of this part. (h) To make or have made all surveys and plans necessary to the carrying out of the purposes of this part; to contract with any person, public or private, in making and carrying out such plans; and to adopt or approve, modify, and amend such plans, which plans may include, but are not limited to: 1. Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements. www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=163.370&URL=0100-0199/01... 2/4 7/20/22, 12:01 PM Statutes&Constitution :View Statutes:Online Sunshine 2. Plans for the enforcement of state and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements. 3. Appraisals, title searches, surveys, studies, and other plans and work necessary to prepare for the undertaking of community redevelopment and related activities. (i) To develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of slums and urban blight and developing and demonstrating new or improved means of providing housing for families and persons of low income. (j) To apply for, accept, and utilize grants of funds from the Federal Government for such purposes. (k) To prepare plans for and assist in the relocation of persons (including individuals, families, business concerns, nonprofit organizations, and others) displaced from a community redevelopment area and to make relocation payments to or with respect to such persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the Federal Government. (l) To appropriate such funds and make such expenditures as are necessary to carry out the purposes of this part; to zone or rezone any part of the county or municipality or make exceptions from building regulations; and to enter into agreements with a housing authority, which agreements may extend over any period, notwithstanding any provision or rule of law to the contrary, respecting action to be taken by such county or municipality pursuant to any of the powers granted by this part. (m) To close, vacate, plan, or replan streets, roads, sidewalks, ways, or other places and to plan or replan any part of the county or municipality. (n) To organize, coordinate, and direct the administration of the provisions of this part, as they may apply to such county or municipality, in order that the objective of remedying slum and blighted areas and preventing the causes thereof within such county or municipality may be most effectively promoted and achieved and to establish such new office or offices of the county or municipality or to reorganize existing offices in order to carry out such purpose most effectively. (o) To develop and implement community policing innovations. (3) The following projects may not be paid for or financed by increment revenues: (a) Construction or expansion of administrative buildings for public bodies or police and fire buildings, unless each taxing authority agrees to such method of financing for the construction or expansion, or unless the construction or expansion is contemplated as part of a community policing innovation. (b) Installation, construction, reconstruction, repair, or alteration of any publicly owned capital improvements or projects if such projects or improvements were scheduled to be installed, constructed, reconstructed, repaired, or altered within 3 years of the approval of the community redevelopment plan by the governing body pursuant to a previously approved public capital improvement or project schedule or plan of the governing body which approved the community redevelopment plan unless and until such projects or improvements have been removed from such schedule or plan of the governing body and 3 years have elapsed since such removal or such projects or improvements were identified in such schedule or plan to be funded, in whole or in part, with funds on deposit within the community redevelopment trust fund. (c) General government operating expenses unrelated to the planning and carrying out of a community redevelopment plan. (4) With the approval of the governing body, a community redevelopment agency may: (a) Prior to approval of a community redevelopment plan or approval of any modifications of the plan, acquire real property in a community redevelopment area by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition; demolish and remove any structures on the property; and pay all costs related to the acquisition, demolition, or removal, including any administrative or relocation expenses. (b) Assume the responsibility to bear any loss that may arise as the result of the exercise of authority under this subsection, in the event that the real property is not made part of the community redevelopment area. www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=163.370&URL=0100-0199/01... 3/4 7/20/22, 12:01 PM Statutes&Constitution :View Statutes:Online Sunshine (5) A community redevelopment agency shall procure all commodities and services under the same purchasing processes and requirements that apply to the county or municipality that created the agency. History.—s. 9, ch. 69-305; s. 7, ch. 77-391; s. 11, ch. 84-356; s. 7, ch. 93-286; s. 8, ch. 94-236; s. 8, ch. 98-314; s. 10, ch. 2006-11; s. 6, ch. 2006-307; s. 9, ch. 2007-5; s. 4, ch. 2019-163. Copyright ©1995-2022 The Florida Legislature • Privacy Statement • Contact Us www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=163.370&URL=0100-0199/01... 4/4 7/20/22, 12:05 PM Statutes&Constitution :View Statutes:Online Sunshine 01 i'n,I in e Select Year: 2021 v Go The 2021 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL Chapter RELATIONS PROGRAMS 163.387 Redevelopment trust fund.— (1)(a) After approval of a community redevelopment plan, there may be established for each community redevelopment agency created under s. 163.356 a redevelopment trust fund. Funds allocated to and deposited into this fund shall be used by the agency to finance or refinance any community redevelopment it undertakes pursuant to the approved community redevelopment plan. No community redevelopment agency may receive or spend any increment revenues pursuant to this section unless and until the governing body has, by ordinance, created the trust fund and provided for the funding of the redevelopment trust fund until the time certain set forth in the community redevelopment plan as required by s. 163.362(10). Such ordinance may be adopted only after the governing body has approved a community redevelopment plan. The annual funding of the redevelopment trust fund shall be in an amount not less than that increment in the income, proceeds, revenues, and funds of each taxing authority derived from or held in connection with the undertaking and carrying out of community redevelopment under this part. Such increment shall be determined annually and shall be that amount equal to 95 percent of the difference between: 1. The amount of ad valorem taxes levied each year by each taxing authority, exclusive of any amount from any debt service millage, on taxable real property contained within the geographic boundaries of a community redevelopment area; and 2. The amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing authority, exclusive of any debt service millage, upon the total of the assessed value of the taxable real property in the community redevelopment area as shown upon the most recent assessment roll used in connection with the taxation of such property by each taxing authority prior to the effective date of the ordinance providing for the funding of the trust fund. However, the governing body may, in the ordinance providing for the funding of a trust fund established with respect to any community redevelopment area, determine that the amount to be funded by each taxing authority annually shall be less than 95 percent of the difference between subparagraphs 1. and 2., but in no event shall such amount be less than 50 percent of such difference. (b)1. For any governing body that has not authorized by June 5, 2006, a study to consider whether a finding of necessity resolution pursuant to s. 163.355 should be adopted, has not adopted a finding of necessity resolution pursuant to s. 163.355 by March 31, 2007, has not adopted a community redevelopment plan by June 7, 2007, and was not authorized to exercise community redevelopment powers pursuant to a delegation of authority under s. 163.410 by a county that has adopted a home rule charter, the amount of tax increment to be contributed by any taxing authority shall be limited as follows: a. If a taxing authority imposes a millage rate that exceeds the millage rate imposed by the governing body that created the trust fund, the amount of tax increment to be contributed by the taxing authority imposing the higher millage rate shall be calculated using the millage rate imposed by the governing body that created the trust fund. Nothing shall prohibit any taxing authority from voluntarily contributing a tax increment at a higher rate for www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=1 63.387&URL=01 00-0199/01... 1/5 7/20/22, 12:05 PM Statutes&Constitution :View Statutes:Online Sunshine a period of time as specified by interlocal agreement between the taxing authority and the community redevelopment agency. b. At any time more than 24 years after the fiscal year in which a taxing authority made its first contribution to a redevelopment trust fund, by resolution effective no sooner than the next fiscal year and adopted by majority vote of the taxing authority's governing body at a public hearing held not less than 30 or more than 45 days after written notice by registered mail to the community redevelopment agency and published in a newspaper of general circulation in the redevelopment area, the taxing authority may limit the amount of increment contributed by the taxing authority to the redevelopment trust fund to the amount of increment the taxing authority was obligated to contribute to the redevelopment trust fund in the fiscal year immediately preceding the adoption of such resolution, plus any increase in the increment after the adoption of the resolution computed using the taxable values of any area which is subject to an area reinvestment agreement. As used in this subparagraph, the term "area reinvestment agreement" means an agreement between the community redevelopment agency and a private party, with or without additional parties, which provides that the increment computed for a specific area shall be reinvested in services or public or private projects, or both, including debt service, supporting one or more projects consistent with the community redevelopment plan that is identified in the agreement to be constructed within that area. Any such reinvestment agreement must specify the estimated total amount of public investment necessary to provide the projects or services, or both, including any applicable debt service. The contribution to the redevelopment trust fund of the increase in the increment of any area that is subject to an area reinvestment agreement following the passage of a resolution as provided in this sub-subparagraph shall cease when the amount specified in the area reinvestment agreement as necessary to provide the projects or services, or both, including any applicable debt service, has been invested. 2. For any community redevelopment agency that was not created pursuant to a delegation of authority under s. 163.410 by a county that has adopted a home rule charter and that modifies its adopted community redevelopment plan after October 1, 2006, in a manner that expands the boundaries of the redevelopment area, the amount of increment to be contributed by any taxing authority with respect to the expanded area shall be limited as set forth in sub-subparagraphs 1.a. and b. (2)(a) Except for the purpose of funding the trust fund pursuant to subsection (3), upon the adoption of an ordinance providing for funding of the redevelopment trust fund as provided in this section, each taxing authority shall, by January 1 of each year, appropriate to the trust fund for so long as any indebtedness pledging increment revenues to the payment thereof is outstanding (but not to exceed 30 years) a sum that is no less than the increment as defined and determined in subsection (1) or paragraph (3)(b) accruing to such taxing authority. If the community redevelopment plan is amended or modified pursuant to s. 163.361(1), each such taxing authority shall make the annual appropriation for a period not to exceed 30 years after the date the governing body amends the plan but no later than 60 years after the fiscal year in which the plan was initially approved or adopted. However, for any agency created on or after July 1, 2002, each taxing authority shall make the annual appropriation for a period not to exceed 40 years after the fiscal year in which the initial community redevelopment plan is approved or adopted. (b) Any taxing authority that does not pay the increment revenues to the trust fund by January 1 shall pay to the trust fund an amount equal to 5 percent of the amount of the increment revenues and shall pay interest on the amount of the unpaid increment revenues equal to 1 percent for each month the increment is outstanding, provided the agency may waive such penalty payments in whole or in part. (c) The following public bodies or taxing authorities are exempt from paragraph (a): 1. A special district that levies ad valorem taxes on taxable real property in more than one county. 2. A special district for which the sole available source of revenue the district has the authority to levy is ad valorem taxes at the time an ordinance is adopted under this section. However, revenues or aid that may be dispensed or appropriated to a district as defined in s. 388.011 at the discretion of an entity other than such district shall not be deemed available. 3. A library district, except a library district in a jurisdiction where the community redevelopment agency had validated bonds as of April 30, 1984. www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=1 63.387&URL=01 00-0199/01... 2/5 7/20/22, 12:05 PM Statutes&Constitution :View Statutes:Online Sunshine 4. A neighborhood improvement district created under the Safe Neighborhoods Act. 5. A metropolitan transportation authority. 6. A water management district created under s. 373.069. 7. For a community redevelopment agency created on or after July 1, 2016, a hospital district that is a special district as defined in s. 189.012. (d)1. A local governing body that creates a community redevelopment agency under s. 163.356 may exempt from paragraph (a) a special district that levies ad valorem taxes within that community redevelopment area. The local governing body may grant the exemption either in its sole discretion or in response to the request of the special district. The local governing body must establish procedures by which a special district may submit a written request to be exempted from paragraph (a). 2. In deciding whether to deny or grant a special district's request for exemption from paragraph (a), the local governing body must consider: a. Any additional revenue sources of the community redevelopment agency which could be used in lieu of the special district's tax increment. b. The fiscal and operational impact on the community redevelopment agency. c. The fiscal and operational impact on the special district. d. The benefit to the specific purpose for which the special district was created. The benefit to the special district must be based on specific projects contained in the approved community redevelopment plan for the designated community redevelopment area. e. The impact of the exemption on incurred debt and whether such exemption will impair any outstanding bonds that have pledged tax increment revenues to the repayment of the bonds. f. The benefit of the activities of the special district to the approved community redevelopment plan. g. The benefit of the activities of the special district to the area of operation of the local governing body that created the community redevelopment agency. 3. The local governing body must hold a public hearing on a special district's request for exemption after public notice of the hearing is published in a newspaper having a general circulation in the county or municipality that created the community redevelopment area. The notice must describe the time, date, place, and purpose of the hearing and must identify generally the community redevelopment area covered by the plan and the impact of the plan on the special district that requested the exemption. 4. If a local governing body grants an exemption to a special district under this paragraph, the local governing body and the special district must enter into an interlocal agreement that establishes the conditions of the exemption, including, but not limited to, the period of time for which the exemption is granted. 5. If a local governing body denies a request for exemption by a special district, the local governing body shall provide the special district with a written analysis specifying the rationale for such denial. This written analysis must include, but is not limited to, the following information: a. A separate, detailed examination of each consideration listed in subparagraph 2. b. Specific examples of how the approved community redevelopment plan will benefit, and has already benefited, the purpose for which the special district was created. 6. The decision to either deny or grant an exemption must be made by the local governing body within 120 days after the date the written request was submitted to the local governing body pursuant to the procedures established by such local governing body. (3)(a) Notwithstanding the provisions of subsection (2), the obligation of the governing body which established the community redevelopment agency to fund the redevelopment trust fund annually shall continue until all loans, advances, and indebtedness, if any, and interest thereon, of a community redevelopment agency incurred as a result of redevelopment in a community redevelopment area have been paid. (b) Alternate provisions contained in an interlocal agreement between a taxing authority and the governing body that created the community redevelopment agency may supersede the provisions of this section with respect to that taxing authority. The community redevelopment agency may be an additional party to any such agreement. www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=1 63.387&URL=01 00-0199/01... 3/5 7/20/22, 12:05 PM Statutes&Constitution :View Statutes:Online Sunshine (4) The revenue bonds and notes of every issue under this part are payable solely out of revenues pledged to and received by a community redevelopment agency and deposited to its redevelopment trust fund. The lien created by such bonds or notes shall not attach until the increment revenues referred to herein are deposited in the redevelopment trust fund at the times, and to the extent that, such increment revenues accrue. The holders of such bonds or notes have no right to require the imposition of any tax or the establishment of any rate of taxation in order to obtain the amounts necessary to pay and retire such bonds or notes. (5) Revenue bonds issued under the provisions of this part shall not be deemed to constitute a debt, liability, or obligation of the public body or the state or any political subdivision thereof, or a pledge of the faith and credit of the public body or the state or any political subdivision thereof, but shall be payable solely from the revenues provided therefor. All such revenue bonds shall contain on the face thereof a statement to the effect that the agency shall not be obligated to pay the same or the interest thereon except from the revenues of the community redevelopment agency held for that purpose and that neither the faith and credit nor the taxing power of the governing body or of the state or of any political subdivision thereof is pledged to the payment of the principal of, or the interest on, such bonds. (6) Effective October 1, 2019, moneys in the redevelopment trust fund may be expended for undertakings of a community redevelopment agency as described in the community redevelopment plan only pursuant to an annual budget adopted by the board of commissioners of the community redevelopment agency and only for the purposes specified in paragraph (c). (a) Except as otherwise provided in this subsection, a community redevelopment agency shall comply with the requirements of s. 189.016. (b) A community redevelopment agency created by a municipality shall submit its annual budget to the board of county commissioners for the county in which the agency is located within 10 days after the adoption of such budget and submit amendments of its annual budget to the board of county commissioners within 10 days after the adoption date of the amended budget. (c) The annual budget of a community redevelopment agency may provide for payment of the following expenses: 1. Administrative and overhead expenses directly or indirectly necessary to implement a community redevelopment plan adopted by the agency. 2. Expenses of redevelopment planning, surveys, and financial analysis, including the reimbursement of the governing body or the community redevelopment agency for such expenses incurred before the redevelopment plan was approved and adopted. 3. The acquisition of real property in the redevelopment area. 4. The clearance and preparation of any redevelopment area for redevelopment and relocation of site occupants within or outside the community redevelopment area as provided in s. 163.370. 5. The repayment of principal and interest or any redemption premium for loans, advances, bonds, bond anticipation notes, and any other form of indebtedness. 6. All expenses incidental to or connected with the issuance, sale, redemption, retirement, or purchase of bonds, bond anticipation notes, or other form of indebtedness, including funding of any reserve, redemption, or other fund or account provided for in the ordinance or resolution authorizing such bonds, notes, or other form of indebtedness. 7. The development of affordable housing within the community redevelopment area. 8. The development of community policing innovations. 9. Expenses that are necessary to exercise the powers granted under s. 163.370, as delegated under s. 163.358. (7) On the last day of the fiscal year of the community redevelopment agency, any money which remains in the trust fund after the payment of expenses pursuant to subsection (6) for such year shall be: (a) Returned to each taxing authority which paid the increment in the proportion that the amount of the payment of such taxing authority bears to the total amount paid into the trust fund by all taxing authorities for that year; www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=1 63.387&URL=01 00-0199/01... 4/5 7/20/22, 12:05 PM Statutes&Constitution :View Statutes:Online Sunshine (b) Used to reduce the amount of any indebtedness to which increment revenues are pledged; (c) Deposited into an escrow account for the purpose of later reducing any indebtedness to which increment revenues are pledged; or (d) Appropriated to a specific redevelopment project pursuant to an approved community redevelopment plan. The funds appropriated for such project may not be changed unless the project is amended, redesigned, or delayed, in which case the funds must be reappropriated pursuant to the next annual budget adopted by the board of commissioners of the community redevelopment agency. (8)(a) Each community redevelopment agency with revenues or a total of expenditures and expenses in excess of $100,000, as reported on the trust fund financial statements, shall provide for a financial audit each fiscal year by an independent certified public accountant or firm. Each financial audit conducted pursuant to this subsection must be conducted in accordance with rules for audits of local governments adopted by the Auditor General. (b) The audit report must: 1. Describe the amount and source of deposits into, and the amount and purpose of withdrawals from, the trust fund during such fiscal year and the amount of principal and interest paid during such year on any indebtedness to which increment revenues are pledged and the remaining amount of such indebtedness. 2. Include financial statements identifying the assets, liabilities, income, and operating expenses of the community redevelopment agency as of the end of such fiscal year. 3. Include a finding by the auditor as to whether the community redevelopment agency is in compliance with subsections (6) and (7). (c) The audit report for the community redevelopment agency must accompany the annual financial report submitted by the county or municipality that created the agency to the Department of Financial Services as provided in s. 218.32, regardless of whether the agency reports separately under that section. (d) The agency shall provide a copy of the audit report to each taxing authority. History.—s. 11, ch. 77-391; s. 78, ch. 79-400; s. 9, ch. 83-231; s. 15, ch. 84-356; s. 27, ch. 87-224; s. 35, ch. 91-45; s. 4, ch. 93-286; s. 10, ch. 94-236; s. 1, ch. 94-344; s. 10, ch. 98-314; s. 8, ch. 2002-18; s. 8, ch. 2002-294; s. 7, ch. 2006-307; s. 1, ch. 2016-155; s. 8, ch. 2019-163. Copyright ©1995-2022 The Florida Legislature • Privacy Statement • Contact Us www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=163.387&URL=0100-0199/01... 5/5 N H 00 O O O O O O O O O O O 00 N w 00 O 000 OOO 000 O 00 NVe O O O O ti ti OLf) Lf) 000 O 00 p L L O N Rf CG N cM W W 00 M N N N IRT � 61} r � <A r MEf} to 41 O m <A } N a) LL a ) m f +�+ a >+ © w N a m 3 C c- > ++ > ++ > m CV 06 CN N w F- © w Q i D � N w +� O N N © N N D Q N D N F- m L O N N N ( C6 a) ++ r N Lam+ Q �' C4 N O a) H U LL a- z Q O cu cu Q w © ?, U LL a) Z N w C 0 >' cu >, N � U 70 70 cV >; -C a O oa M L ; w I U) - cn m N Z � zQ O � 0 Cn zLL2 O 0 m a 70 C: cuw cu 2 L m (DN N LU CL aco Q > -J a N o ~ Q i > m a c6 , Z m p aa) m Q o >- c6 w a o LU 0 a O � w � w a� = a C: m w Z w -0 cu } cu ? O Y CU 0 � mpw OJCU V � Jw � 0 OOZ2 � � ) omo0 �OQ CY O Z � c6 2 — a� U O U) m W 00 O O O O O O O O O O O O O P 00 O 00 000 000 O m W O Lf) Lf) O 00 000 000 O O O ti � 0m 0 R Rf T-:, mti L6 Cl ao L6 o cca ti T-- 41 N « N N61} N M6} M f• TMI LID 0 � to to to to to to to to Ef? 6} W � E4 6a. ti 0) N ; �V � 0 CD m ) Q ( i (6 (D Q (D © (6 � 4-0 C3 W W W J W ~ "70 CN N �y U Z m ' 4.0 G Q G N C N m > W N LL ca as >' c O o4.0 X >m �w � cu 70 0 70 +o (a O � � U v) `� n J FQ � H O H 00 U LU Y LU 0 Z 70 LL z H 70 p a�i L O co = > ° 0 > J c� (U U Q W m N W J E Z C w J W Q Z °� 0 2 (U O Q ~ D 70 Z u�i Q CL O CL Z c� LU M O Y > �' < U o0w U) 2 � c� LU ZOLU rl_ H W O = Z W U LU v m a m 0 � w Li 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 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 CONSENT AGENDA AGENDAITEM: 10.A. SUBJECT: CRA Financial Report Period Ending July 31, 2022 SUMMARY: CRA Financial Services staff is providing the CRA Board with the monthly financial and budget reports for the period ending July 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/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY2021-2022 CRA Budget CRA BOARD OPTIONS: Approve the CRA's monthly financial and budget reports for the period ending July 31, 2022. ATTACHMENTS: Description D Attachment I - Monthly Financial Report for Period Ending July 31, 2022 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach,Florida) Statement of Revenues,Expenditures and Changes in Fund Balances Through Year to Date-July 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 1,757,987 1,757,987 Contributions and donations - - - - Interest and other income 152,648 459,272 2,699 614,620 Total revenues 17,829,344 459,272 2,699 18,291,315 EXPENDITURES General government 3,250,800 - - 3,250,800 Redevelopment projects - 10,370,581 10,370,581 Debt service: - Principal - - - Interest and other charges - - 138,575 138,575 Total expenditures 3,250,800 10,370,581 138,575 13,759,957 Excess(deficiency)of revenues over expenditures 14,578,543 (9,911,308) (135,876) 4,531,359 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 338,912 3,602,479 2,004,652 5,946,043 Fund balances-beginning of year 3,860,106 11,852,619 120,621 15,833,346 Fund balances-end of year 4,199,018 15,455,098 2,125,273 21,779,389 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 - July 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 1,757,987 Interest and other income - - 152,648 Other financing sources(uses) 100,000 1,235,316 - Total revenues 16,901,715 18,037,031 17,829,344 EXPENDITURES General government 3,797,400 3,797,400 3,250,800 Total expenditures 3,797,400 3,797,400 3,250,800 Excess of revenues over expenditures 13,104,315 14,239,631 14,578,543 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 $ - $ - 338,912 Fund balances-beginning of year 3,860,106 Fund balances-end of year 4,199,018 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 L N �t O O ti O O O O O Ln Ln �t Ln m ti M O N m O Ln N O I, m O Ln l0 O I, l0 O I, O O co O Ln O c-I O O O O O N 7 W to to Ln M to m o6 O r` Ln N M 7 O to r` O r` W r` to O \ E N f` O M 7 Ln m r` M N l0 M O m r` l0 7 M O r` �--� M m r` 7 r` O ill r-I y N N N N 17y M � rc V/ EO Oq O c-I Ln m M Ln Ln O w c-I W N m m Ln O Ln O O O Ln Ln M O N O O r` Ln O r` O NC O N Ln to O m -! c-I O N to to r` 7 O -! 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SUBJECT: Approval of CRA Special Board Meeting Minutes - June 7, 2022 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the June 7, 2022 CRA Special Board Meeting Minutes ATTACHMENTS: Description D Attachment I -June 7, 2022 CRA Special Board Meeting Minutes Community Redevelopment Agency Special Board Meeting Tuesday, June 7, 2022 - 5:00 PM GoToWebinar Online Meeting and City Hall Chambers, 100 E. Ocean Avenue PRESENT: Ty Penserga, Chair Thuy Shutt, Executive Director Angela Cruz, Vice Chair Timothy Tack, Assistant Director Woodrow Hay, Commissioner Kathryn Rossmell, Board Counsel Thomas Turkin, Commissioner Aimee Kelley, Commissioner 1. Call to Order Chair Penserga called the meeting to Order at 5:04 p.m. 2. Invocation Board Member Hay gave the invocation. 3. Pledge of Allegiance Board Member Turkin led the Pledge of Allegiance to the Flag. 4. Roll Call Deputy City Clerk Stanzione called the roll. A quorum was present. 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda Motion Board Member Hay moved to approve the agenda. Board Member Turkin seconded the motion. The motion passed unanimously. 6. Legal None. Meeting Minutes Special CRA Board meeting Boynton Beach, Florida June 7, 2022 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 Chair Penserga disclosed that he met with Affiliated Principals, Jeff Burns, Nick Rojo and their Counsel, Michael Weiner. Board Member Kelley disclosed that she spoke with Jeff Burns. Board Member Turkin disclosed that he spoke with Nick Rojo. Vice Chair Cruz disclosed that she spoke with both Jeff Burns and Nick Rojo. Board Member Hay had no disclosures to make. 8. Public Comments Chair Penserga opened Public Comments. No one came forward, Public Comments was closed. 9. Old Business A. Discussion and Approval of the Purchase and Development Agreement, the Tax Increment Revenue Funding Agreement (TIRFA), and the Parking Lease Agreement between the CRA and Affiliated Development, LLC for the 115 N. Federal Hwy Infill Mixed Use Redevelopment Project. Thuy Shutt, Executive Director, summarized that at the March 9th meeting, the prior Board asked staff to reevaluate the terms and conditions, and on April 12th, the Board asked for additional time to become acquainted with the project. She stated that on May 10th, the Board met and several concessions were made by the developers regarding affordable units and how long they would remain affordable, and in return, TIF was capped at$7M to supplement that. She commented that the 150 parking spaces, required by the RFP/RFQ, is above what is required by the project, and at the May 10th meeting, the Board directed those spaces to be used in the parking calculations for the project. She said that to-date, those three agreements have been negotiated and materially agreed on, which is in the revised document, and there are three remaining outstanding items from the May 10th meeting. Ms. Shutt noted that there is an associated maintenance and operations costs because the CRA will be leasing the spaces from Affiliated, which they will be building as part of the cost of the land, which is $5.515M. She said that staff feels that if those spaces were to be counted towards the parking count for the project, the operational costs should be subtracted, because the CRA should not be paying for the spaces they are using. She stated that since the spaces are required by the RFP, 2 Meeting Minutes Special CRA Board meeting Boynton Beach, Florida June 7, 2022 staff requested that the Board waive the requirements or inconsistencies with the RFP/RFQ, which is already incorporated in the motion. She explained the timeline for the project, and the requirements in the agreement. She requested that if the Board wanted to do this in less time, it be done during the budget process. She explained that the CRA will receive TIF information in late June, which is used in the budget planning process, and they do not know the amount, but that if is similar to last year, they would be close to having a deficit. She further explained that in order for the CRA to not be in default and be unable to turn the land over to the developer when they close, they may need an extension from Affiliated. She advised that the City Commission needs to approve the disposition of the land because it is below fair market value, and they need to approve a parking lease agreement because it is a tri-partied agreement. She noted items 4 A, 5 A and 7 B are the latest agreements negotiated between staff, legal counsel and the developer. She reviewed the three options contained in the agenda item. Kathryn Rossmell, Board Counsel, explained the closing process and the need to possibly extend the closing, to satisfy the mortgage. She stated that staff believes it can be accomplished no later than December 2024. She noted that in regards to the parking, it is staff's position that for any spaces the developer uses to meet Code, staff should not pay operation and maintenance on because the developer would have been required to pay for them anyway. She explained that another option is to put a cap on the number of spaces the developer could use towards meeting Code, and she provided an example. She noted that there are two minor errors she wanted to correct: she clarified that Affiliated can adjust their site plan to increase their residential units or commercial square footage without coming back to the Board; and the other is to clarify language pertaining to if the CRA, with the consent of the developer, enters into leases that extend past closing, they will turn over those leases to the developer. Jeff Burns, Affiliated Development, discussed the timeline, and explained that they structured their agreement to move as quickly as they can, and to have checks and balances to do so. He suggested that it should be discussed during this meeting and with the budget. He explained in regard to parking, that they are meeting the provisions of the RFP/RFQ and are providing 150 parking spaces in addition to what is required for the residential and commercial components. He further explained that per their lease, they have no rights to those spaces, and what is being proposed is if they had a tenant that required an extra few spaces, they would look to the parking lease to accommodate the tenant and it would be reasonable to pay the operating expenses for those spaces. Mr. Burns stated that he was not comfortable having a cap, because they do not know what it will be and it is generally done during the site plan approval. Chair Penserga commented that the fourth item needs to be addressed at the City Commission level. He stated that the parking has to do with Code, and that is the role of the City and they will go with that process. He asked the applicant if there is a discrepancy and the Code requires them to use some of the CRA's 150 parking spaces, if they are willing to cover the operation and maintenance of those spaces. 3 Meeting Minutes Special CRA Board meeting Boynton Beach, Florida June 7, 2022 Mr. Burns responded they would. Attorney Rossmell asked if they would be subtracting those spaces from the 150 that the CRA has access to. Mr. Burns responded it was. Attorney Rossmell clarified that in the event Affiliated determines that they need additional parking spaces, they can approach the CRA and pay the operation and maintenance on those spaces, and they would no longer be public parking spaces. She stated that this is different than what staff is proposing, which is for the difference in the number of spaces between what the Code requires and what Affiliated feels are needed. She mentioned that they pay the operation and maintenance on the spaces, regardless of if they are used. Mr. Burns explained that they have a lease agreement, and if they feel that they need more spaces, they have to appear before the Board and amend the agreement. He explained that their bank will not allow them to under park commercial space, and he was confident that the parking would exceed the Code requirements. He stated that if the CRA approved for Affiliated to "take back" 10 of those spaces, the CRA would no longer own them. Board Member Kelley stated that she was comfortable with if the applicant using some of CRA's spaces as long as the CRA would not be responsible for them anymore. Vice Chair Cruz and Board Member Turkin also agreed. Board Member Hay reluctantly agreed, but asked if Affiliated needed additional spaces from the CRA, and there was an event, if the public could use those 10 spaces. Mr. Burns commented he thought there would be more than enough parking, but that he was fine with coming back to the Board. Vice Chair Cruz noted that the next paragraph was significant, which she read, pertaining to the maintenance costs. Mr. Burns explained that the paragraph pertains to any operating expenses in that parking garage, over a certain dollar amount, would be covered by Affiliated. He noted that the CRA can generate significant revenue from those spaces and is agreeing to pay its pro rata share of operating expenses associated with maintaining a garage. He stated that they agreed to negotiate with the City and CRA to cap that, so that in the event their expenses get out of hand, the CRA is capped at a certain amount of exposure. 4 Meeting Minutes Special CRA Board meeting Boynton Beach, Florida June 7, 2022 Vice Chair Cruz noted the contract says the cost could be up to $50 per space, per month, and she supported lowering the $50 per month cap. Mr. Burns explained how they developed the cost per space, and it is possible to reduce it, but he was not comfortable reducing it right now, as the project needs to be underwritten by their lender. He summarized that the agreement has deadlines, not timelines, and they are in place to ensure that the project moves along expeditiously and the timeline is as fast as they can. Board Member Hay commented that he did not support a project that would take nine years and supported four to five years. Mr. Burns explained depending on timing and on permitting, they may be able to get the permits, close at the end of next year and it is not unreasonable that they could break ground at the end of next year. He reviewed timelines of other projects similar to this project, and anticipated completion, in a best-case scenario, in fall/winter 2023. Attorney Rossmell explained that the contract allows for them to take up to 9.5 years from now, which is not a problem, but the only thing binding is the contract. There was discussion regarding extending the closing deadline, and CRA funding being addressed at the budget workshop. Mr. Burns explained that the reason for timeframes is because they are investing millions of dollars to get the project going, and they need to be given every opportunity to do so, and that they act as fiduciaries. Board Member Turkin did not want an extension to kill the project. He stated that he and Board Member Hay agreed that the issue should be discussed at the budget hearings. Vice Chair Cruz also agreed, but hoped it would be without the need for an extension and pointed out that it would depend on the public need at the time. Attorney Rossmell requested clarification and stated if Affiliated asks for the 150 spaces from the CRA, and it comes back to the Board, will the Board have absolute authority to approve or deny it. Mr. Burns was fine with approval or denial at the full authority of the Board, depending on the need at the time. Attorney Rossmell further recapped the discussion as follows: the provision regarding 9.5 years to complete construction in the contract will remain unchanged; the CRA will pay operation and maintenance on all 150 spaces and there will be no cap on the number of spaces that Affiliated can use, to meet Code requirements; if Affiliated would like to dip 5 Meeting Minutes Special CRA Board meeting Boynton Beach, Florida June 7, 2022 into the CRA spaces, they have to appear before the Board, and the CRA can approve or deny the request in their sole and absolute discretion, and for any spaces taken over by Affiliated, they will also assume maintenance and operation of those spaces; the CRA will retain the right to use those spaces for events in a form to be worked out; as to the Section 9.6 of the Purchase and Development Agreement, it will be amended and she will change the word Sellers to Purchasers to make it clear which type of leases can be handed to the developer on closing; and in Section 3.1 of the TERFA, they will make clear that Affiliated can increase the number of units or square footage without further CRA approval, but would require CRA approval if they decreased the number of units or square footage, and the agreement will not include a closing date extension that is available to the CRA. There was Board consensus on Attorney Rossmell's recap. Vice Chair Cruz asked if they were discussing the maintenance cost cap or not. Brief discussion followed, and an example was given that West Palm Beach and Delray Beach pay $100 and $300 a month respectively. There was Board consensus that the $50 per month will remain unchanged. Chair Penserga opened public comments. An unidentified man commented on the space that is supposed to be for a parking structure next to City Hall, and suggested a property exchange. Mr. Katz was online and was unable to speak. Chair Penserga closed public comments. Chair Penserga asked for a motion to approve the Purchase and Development Agreement, the TERFA Agreement and Parking Lease agreements as presented, waiving any inconsistencies with the public RFP/RFQ, and authorizing the Board Chair to execute the agreement subject to final legal review and consistent with the direction given by the Board tonight, as stated by legal counsel. Motion Vice Chair Cruz so moved. Board Member Kelley seconded the motion. The motion passed unanimously. 10. Adjournment 6 Meeting Minutes Special CRA Board meeting Boynton Beach, Florida June 7, 2022 Motion Vice Chair Cruz moved to adjourn the meeting. Board Member Hay seconded the motion. The motion passed unanimously. The meeting was adjourned at 6:04 p.m. dj,-U&Wy�—dy14"', Catherine Cherry Minutes Specialist 7 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 CONSENT AGENDA AGENDAITEM: 10.C. SUBJECT: Approval of CRA Board Meeting Minutes -June 14, 2022 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the June 14, 2022 CRA Board Meeting Minutes ATTACHMENTS: Description D Attachment I -June 14, 2022 C RA Meeting Minutes Minutes of the Community Redevelopment Agency Board Meeting Held on Tuesday, June 14, 2022, at 5:30 PM via GoToWebinar Online Meeting and Commission Chambers, City Hall, 100 E. Ocean Avenue, Florida Present: Ty Penserga, Chair Thuy Shutt, Executive Director Angela Cruz, Vice Chair Tim Tack, Assistant Director Thomas Turkin, Board Member Kathryn Rossmell, Board Counsel Woodrow Hay, Board Member Aimee Kelley, Board Member 1. Call to Order Ty Penserga, Board Chair, called the meeting to order at 5:32 p.m. 2. Invocation Woodrow Hay, Board Member, gave the invocation. 3. Pledge of Allegiance Angela Cruz, Vice Chair, 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 B. Adoption of Agenda Motion Vice Chair Cruz moved to approve the Agenda. Board Member Kelley seconded the motion. The motion passed unanimously, 6. Legal Kathryn Rossmell, Board Counsel, announced that there is legislation that will take effect in January 2023, which is the County setting up a website to post meetings online. She said this will allow the CRA to post notices online as a valid legal notice. The Board would have to take action to make it a valid reason for the Board to use it or could find that it is Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 cost effective to do so, moreso than using the newspaper. She advised that she will bring this back in the future, but she wanted to make the Board aware that it is available to the CRA and local governments. She stated that presently, the Board uses the newspaper regularly and this would provide a different option. 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 Chair Penserga spoke with Michael Weiner about item 12 B. Vice Chair Cruz, and Board Members Kelley, Turkin and Hay had no disclosures . 8. Announcements and Awards None 9. Public Comments Chair Penserga read a statement into the record as contained on the meeting agenda and opened Public Comments. There being no one present or online, Public Comments was closed. 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. The May 10th Minutes, as well as the Special June 7th Meeting Minutes were not available. The April and May meeting minutes will come in July. 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. Vice Chair Cruz pulled item 10 C. Motion Board Member Turkin moved to approve the Consent Agenda, less item 10 C. Board Member Hay seconded the motion. The motion passed unanimously. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 11. Pulled Consent Agenda Items 10. 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 Vice Chair Cruz was aware that the CRA provided support to the business before and wanted the Board to discuss if they want to consider, at some point, whether to continue providing extensions. Thuy Shutt, CRA Executive Director, explained that there are two issues. She mentioned that this and 10 other applications were approved as part of the COVID Relief Program they had and typically, applications for rent assistance is for 12 months. She said that an additional six months was given for fiscal years 2019/2020 and there are seven applications remaining. She commented that there were no parameters about how the six-month extension should be given and two extensions were already given by the Board. Staff would like to bring the Rent Assistance and Commercial Improvement Grants back to the Board to approve every year and decide if they would grant extensions. Ms. Shutt explained that since there were two other businesses that received the extensions, staff would prefer that the Board tweak the program when it comes back to the Board in whole. She said that before issuing any kind of extensions and issuing reimbursement funds, staff request supportive data on how the applicant used the funds. She stated that in this instance, this company wants to use the funds for marketing and recruitment, so staff requires that the applicant to show that the funds were used for that, and the entire program will be reviewed in August. Vice Chair Cruz commented that she wants the funds to be used in the best way possible. Board Member Hay suggested waiting until August. Chair Penserga agreed and wanted to change the policy as a whole. Motion Board Member Hay moved to approve Item 10 C. Board Member Kelley seconded the motion. The motion passed unanimously. 12. Old Business A. Presentation by Palm Beach County Housing Authority on the Properties within the GRA District (TABLED FROM THE 05/10/2022 MEETING) Motion 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 Vice Chair Cruz moved to remove from the table. Board Member Kelley seconded the motion. The motion passed unanimously. Chair Penserga presented the item. Carol Jones Gilbert, Executive Director, Palm Beach County Housing Authority, was available online. Ms. Shutt reviewed that this item involves 39 lots in the CRA District, also known as the Cherry Hill residential subdivision. She explained that the lots were owned by the Palm Beach County Housing Authority (HA) and two auctions took place for these parcels, which were vacant for quite some time. She said that the CRA approached the HA numerous times to see if they could co-develop the properties. The Housing Authority felt they could dispose of the properties through HUD's regulations and auctions. She explained that since then, the property sold for a lot more than what was anticipated and the prior Board requested that the HA make a presentation, if there was any reinvestment opportunity back into the CRA District, with respect to affordable housing and any plans they have for the area. Ms. Gilbert Jones announced that Tammy McDonald, Chief Development Officer, was also on the call. Ms. Gilbert Jones announced that the HA's total public housing annual budget is used for HUD's Housing Choice Program, Assistance Payments and Administrative Fees, the Public Housing Operating Fund, and Public Housing Capital Grants, and rents. She explained the number and type of housing vouchers they have issued serving individuals, including seniors, veterans, the sick, disabled and at-risk individuals. She reviewed their developments and non-public housing sites within Boynton Beach. and stated that the HA owns land within Boynton Beach, some of which abuts vacant parcels owned by the City or County. Ms. Gilbert Jones noted that the HA was approached by the CRA and the former Mayor, about opportunities for these lots. She conveyed that public housing is underdeveloped, and that they are trying to increase its density. She mentioned that the HA is contemplating disposing of the homes to non- profits to place them under Section 8. One of the HA's properties in Boynton is 10 acres surrounded by single and multi-family units and that the adjacent parcel is another 10 acres. Ms. Gilbert Jones explained that the County will allow the maximum density of 120 units, but that there is no infrastructure and there would be a high cost to develop the land for affordable housing, but that they are open to development opportunities. The HA acknowledged that they did auction lots in the Cherry Hill area and that the HA was not looking to get back into scattered sites. She mentioned that the HA met with the Boynton Beach GRA to collaborate on housing, but it was not a good operational decision for the HA, so they disposed of the lots through a HUD public auction. Ms. Gilbert Jones announced that the $3M proceeds from the auction will be targeted towards 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 predevelopment costs or leveraged funding for future affordable housing and that the HA's future focus is on: • Acquisition for land assembly and approval for increased density • Dispose of underperforming assets that are not in line with goals • Create new inventory • Refinance and restructure assets, and • refine and strengthen their business model Ms. Gilbert Jones explained that the future road map will serve citizens throughout the County, generate income and expand opportunities. She stated that they also want to consider near market-rate units and that they serve persons earning between 30% and 50% of the AMI. Chair Penserga clarified that the prior Board expressed concern for auctioning and selling the lots for astronomical prices, which renders the housing to be unaffordable. Ms. Gilbert Jones responded that they did not believe they needed to put an affordable restriction on the lots, and that they wanted to dispose of the lots because they were non-performing assets. Aimee Kelley, Board Member, agreed with Chair Penserga's comments that the high prices of land would drive up the home's price and it would make it difficult to build or find buyers willing to pay that price for a home in that area. She also expressed concern that the lots will remain vacant. There were no further comments and Chair Penserga offered to partner with the HA in the future as their missions are aligned. Ms. Gilbert Jones agreed. B. Discussion and Consideration of Request from the USPS to Remain at the CRA-owned Property Located at 217 N. Seacrest Boulevard Post-Closing (TABLED FROM THE 05/10/2022 MEETING) Motion Vice Chair Cruz moved to remove the item from the table. Board Member Kelley seconded the motion. The motion passed unanimously. Ms. Shutt reviewed the current location of the post office and explained that the Purchase and Sale agreement is with Mr. Weiner and the closing is scheduled for February 28, 2023. The USPS lease with Mr. Weiner expires January 1, 2023, and Mr. Weiner will deliver the property to the CRA empty. Currently, the USPS came to the Board to ask for an extension of their lease, but the CRA does not yet own the property. Ms. Shutt informed the Board that a simple contract amendment would allow the USPS to remain as a tenant. She said the USPS wants to remain in the downtown for the retail 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 component with parking and they need a 3K square-feet building. They have another location for the carrier component in mind and they want to start their public notification process. She mentioned that Mr. Weiner was present, and Rich Hancock, USPS Representative, was present virtually. Mr. Hancock reiterated that they are looking to relocate, but need more time. They sought to extend the lease the space for an additional year with mutual termination rights. He stated that they want to maintain operations, pay fair market value, and have time to move. Mr. Weiner advised that recently, the building was hit by a car and they are working on repairs. The lease specifies the landlord has to fix certain things, which is mostly just the roof. They struggled with the USPS lease in the past, and this item was more difficult than others. They are attempting to fix the 66-year old building, and they give the USPS weekly updates. His partners have no interest in extending the lease, considering the USPS said in emails that they would hold rent in maintaining the Post Office open for one more month. Mr. Weiner advised that they have always been cooperative with their project in Boynton Beach. He also elaborated that the lease can be terminated in less than a year by either party. He thought that if they can get the appropriate commitment from the USPS for the other property, that something could be worked out. He noted that there is a potential RFP as to selling the land with a commitment from the Post Office, but that there are tax issues. It could be coordinated for the benefit of all parties, but they should do the work now, to make the transition seamless. He repeated they do not want a huge liability for one month's rent and would work together to ensure the Post Office is on Boynton Beach Boulevard. Chair Penserga inquired if the USPS' intends to remain in the area and learned they were, but only for their retail section. Mr. Hancock explained that they identified another location for the carriers. Attorney Rossmell explained that the CRA cannot grant an extension, as they do not own the property and that when the lease is over, they can do so. The paperwork would not be excessive to effect the change. Board Member Hay requested confirmation that Mr. Weiner was not interested in extending the lease. Mr. Weiner responded that at this point, they do not want to take on contingent liability for one month rent. Board Member Hay asked if they could move up the closing date. Mr. Weiner replied if the closing was moved earlier than January 1 st, it would be costly for him and his partners. If closing on January 2nd or 3rd, he offered that he and his partners have always been cooperative, and that he would listen. He emphasized for the record that he cannot commit without asking his partners. Board Member Hay stated that he thought they could start negotiating to release Mr. Weiner from having to worry about the 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 liabilities. Mr. Weiner noted that they have six months to know that the USPS will remain on Boynton Beach Boulevard and they would work with them. Vice Chair Cruz understood that the contract states there is a requirement to receive the property vacant and inquired if that could be amended. Attorney Rossmell responded that they could amend the contract to move the closing back 30 days or waive it at closing. It would not allow the Post Office to stay for another month, It would allow Mr. Weiner to deliver the building with the USPS in it and for the CRA to take possession of it early. Mr. Weiner stated if the USPS wants to be helpful it will say from the period from February 1 to February 28th, if anything should need any type of maintenance of repair or other attention, the Post Office will do it and Mr. Weiner and his partners will be held harmless. Mr. Weiner would be satisfied with that. Board Member Kelley stated that she liked what Board Member Hay said. Vice Chair Cruz asked if those two options would provide them the same opportunity as mentioned by Board Members Kelley and Board Member Hay as they are consistent. It could release them, then they could move the closing and alleviate liability concerns. Chair Penserga pointed out that there is no immediate urgency to take that action. He commented it is a quick turn-around. The greater priority is making sure the Post Office has a new home. He favored waiting until the Post Office takes the next step. After brief discussion, there was agreement staff and Legal can continue working on this, but not take any action. Mr. Weiner mentioned they have worked with the City for many years. If it had not been for the Post Office being hit by the car and a lack of collaborative effort, he said he did not think the issue would have been be as large as it was. He did not want the Board to think the issue was insignificant, because it was not. If this is the way the Board wants to go, he will see how he can ensure he will not have anything embarrassing occur in the last 30 days or cause him tax implications. C. Discussion and Consideration of Purchase and Sale Agreement for 1213 NW 4th Street, the Cherry Hill Mart Ms. Shutt recounted that at the last meeting, the Board asked staff to negotiate a contract. Ms. Bell was firm on the price of $400K, but the Board wanted the building to be vacant. There is currently a tenant onsite with an 18-year lease remaining. The draft Purchase and Sale Agreement allows the property owner to work with the tenant so they can deliver the property vacant. Ms. Shutt noted that the Board can execute the contract, but the tenant has the first right of refusal. Once executed, the tenant has 10 days to respond. Ms. Shutt reported that the appraised price of the parcel was $310K. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 Ms. Bell, one of the property owners, was present virtually. She explained that the tenant situation was the same, but that they will send him a letter and will wait for a response from him. Chair Penserga asked if there is an eviction process in place when there is a nuisance. He noted that the tenant will appear before the Magistrate on July 20th to discuss the issues that occurred. Steven B Grant, Esquire, on behalf City Hall Market LLC, the operator a/k/a as the Cherry Hill Mini Mart, stated that this operator has been operating the premises since July. They have no intention of leaving and they are now accepting food stamps, working with the community for the Juneteenth event. Attorney Grant spoke with the attorneys, the Police Department and Community Standards about chronic nuisances at the premises and reported that after review, the alleged chronic nuisances did not all happen there and the Police were able to obtain arrest warrants. Attorney Grant advised that they are currently moving forward with settlement provisions and getting the surveillance to the Police Real Time Crime Center. They have installed 15-minute parking signs to prevent loitering and there are No Trespassing signs posted. Board Member Hay questioned if the solutions were from him or the Police Department. Attorney Grant responded that the Ordinance has a settlement agreement provision the property owner can apply to use. It is a one-year agreement and Attorney Grant advised they already started on the first two items. The third issue would be to have a security guard during high crime times there which were between 4 p.m. and 6 p.m. on a Wednesday. so they got a Florida Licensed Security Guard for the high crime times as the cost to hire a security guard for 18 hours a day is cost prohibitive, but they want to be proactive. Board Member Kelley stated that the property has been an issue and the tenant has been there a short while. Ms. Bell approached the CRA and Board Member Kelley had asked Ms. Bell if their tenant is willing and able to be involved and present, why he has not worked with Ms. Bell to stay involved in the community. She questioned, if that was his goal, why he has not taken the steps to purchase the property himself, but now instead Ms. Bell is coming to the Board saying what good things the tenant is doing so that the Board takes no action against him. Attorney Rossmell explained that the CRA is not taking any action in any way. Attorney Grant explained that the tenant took over a lease and that cost money and they are trying to borrow money. Attorney Grant stated that he was hired about a month ago. When they found out a chronic nuisance was an issue, he intervened and spoke to the City Attorney. Not every one has the money to purchase. He purchased the business with the intent to purchase the property and he is currently applying for an SBA loan. 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 Vice Chair Cruz understood that this will go before the Special Magistrate and asked if they should hold off to learn the outcome and then make an educated decision. Chair Penserga agreed and reiterated that the CRA was approached by the property owner who was asking for above appraised value. The Board has an interest in buying the property above appraised value if it came without the tenant. The best thing to do is be receptive, but not commit until it comes without a tenant. If it does, he would pay the requested price. He favored waiting to see what happened. Bishop Wright, President Community Review Board, stated that as a long-term resident the Mini Mart is very important, as there is nowhere else to go to get small items and most of what happened, happened outside that property. He declared that this is about culture and history and that he may purchase the store. He thought there was scheming occurring and he sought to stop the corruption. No one else coming forward, Public Comment was closed. Board Member Hay said that he wanted to hear input from the Magistrate before making any decision because this is a strategic piece of property. Vice Chair Cruz and Board Member Turkin agreed, but were concerned about the real estate market and they are paying $90K over market value. Now there is another property they will acquire. Board Member Kelley also agreed, but wanted to wait until after the Special Magistrate hearing. Motion Vice Chair Cruz moved to table to August. Board Member Hay seconded the motion. Brief discussion followed what would occur if it was not heard at the July hearing. Motion Vice Chair Cruz moved to place Item 12 C as a Future Agenda item on the August 9, 2022, agenda. Board Member Turkin seconded the motion. The motion passed unanimously. 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 Ms. Shutt presented the item and explained at the last meeting, the Board adopted deadlines when to submit supportive documents to have the agenda be published a week before the meeting. Staff has done so, but the Letter of Intent Policy allows people to submit the document within five days of the meeting. Legal Counsel also noted the 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 practice the Board follows has not been incorporated, which would allow more flexibility and recommended they include the minimum requirements in the agenda in the policy. All agreed to move forward. Chair Penserga opened Public Comment. No one coming forward, Public Comment was closed. Motion Vice Chair Cruz moved to approve the Policy Board Member Kelley seconded the motion. The motion passed unanimously. Motion Vice Chair Cruz moved to rescind the prior policy. Board Member Hay seconded the motion. The motion passed unanimously. 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 Ms. Shutt explained that they need to relocate 20 parking spaces for Two Georges employees and patrons to use during construction. Construction will last about 20 months. The CRA can lease those properties with a 14-day notification in case they have to turn the parking over to Affiliated sooner than anticipated. Since it is a CRA public parking lot, employees can park there, but just not overnight, so they do not need a lease to park there, it is only during high-use events, such as the holiday parades. They cannot reserve those spots without an agreement with the developer. Fernando Bonilla for Alliance Residential, Developer of Boynton Beach Apartments, advised that they are starting construction in September. He informed the Board that they have 20 parking spaces allocated for Two Georges employees and he hoped to work with the City to have a provision added to the agreement to address parking during the construction period of September to May 2023. Mr. Bonilla stated that he has not spoken with Hyperion or Mr. Camalier about parking on their sites, which is closer to the Affiliated project. Given the parking is public, Mr. Bonilla explained that they wanted a lease for when there are events to ensure people can park there while the business operates. Attorney Rossmell explained that they would include a provision to terminate the lease with 14 days-notice so that the CRA can honor the agreements they made with Affiliated last month. Vice Chair Cruz expressed it would impact the 150 spaces and there would be problems. He thought that parking across the street would have been their first choice. He requested further clarification about the 150 spaces and the impact. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 Attorney Rossmell explained that under the lease, the CRA owns and can control 150 public spaces, so if the CRA wanted to lease those spaces or mark them for a particular use, they could. Board Member Kelley queried how the public parking and the employee parking spaces would be marked and noted that the GRA does not enforce parking. She did not want the Board to cause complaints about parking. Mr. Bonilla responded that they will try to figure out enforcement and work with City to reserve the 20 spaces. Once the project is built, Affiliated will then reallocate the spaces to Two Georges in perpetuity. Board Member Hay further questioned that if leased out, how would they determine the cost per parking space, or if they will charge at all. Ms. Shutt replied that the Board can direct staff and Legal to develop a lease agreement. Chair Penserga requested that they approach Hyperion first to minimize impact and try to work out a deal with them because public parking spaces are very much needed by the community. C. Consideration of Changing the Start Time for the CRA Board Meetings Motion Board Member Hay moved to change the meeting time to 6 p.m, Board Member Kelley seconded the motion. The motion passed unanimously. Chair Penserga announced the meeting time was changed to 6 p.m. to be consistent with the City Commission meetings. D. Discussion and Consideration of Direction and Assignments for CRA Advisory Board Ms. Shutt presented the item and explained that they are approaching the budget hearings. She advised that in the past, the Board has given the CRA Advisory Board items to review and there are new Board Members eager and willing to serve. She asked if the Board wanted to provide parameters regarding new assignments and if the Board wants them to look at new assignments and/or make budget recommendations for the CRA Board to review. Chair Penserga stated that he supports the Advisory Board reviewing and providing advice on the budget and reviewing terms of any major development contracts when available. Vice Chair Cruz inquired if the Advisory Board would review LOI's and learned that can be done on a case-by-case basis as many of the LOl's vary. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 Chair Penserga favored, if assigning something to the Advisory Board, that it be meaningful. Board Member Turkin mentioned the CRA should use the Marina more and focus on events on the Intracoastal. Ms. Shutt replied that they are reviewing those very issues with the Dockmaster. She expounded that it would be a broader research assignment to work with City staff on bigger events, but the CRA cannot fund those events and it would be better if they work with Parks and Recreation Department and the City Commission as well as CRA promotional events. Board Member Kelley thought that they have set things and activities and wondered if they could use the CRA Advisory Board to brainstorm for potential new events, advertising ideas and thinking of creative ways to market them. Chair Penserga offered that he liked both ideas, but noted it has to do with events the GRA can actually fund. He also suggested that the Advisory Board think about new and current events to help determine which current events are effective in driving economics. Board Member Hay mentioned that he liked brainstorming, but that he did not want an extra layer for perhaps an LOI as there would be an issue with exposure and he thought the Board should avoid that. After brief discussion, there was consensus the Advisory Board can review events and brainstorm. Ms. Shutt explained that in the past, the first forum for presentation would be the CRA Board and once the terms and conditions are memorialized in an agreement, the Board usually assigns it to the CRA Advisory Board to review. The Board can direct staff that future competitive LOI's go to the Board first and then the Board can decide the level of Advisory Board involvement. Chair Penserga opened Public Comment. Susan Oyer, 140 SE 27th Way, stated that she was fine with what the Board was doing with the CRA Advisory Board, but thought that the Board was taking power away from the Advisory Boards. She stated that the Board never does what the Planning and Development Board recommends because they had dinner with a developer or hung out with them or they donated to their campaign, and the Board always does what the developer wants, not what the public wants. She asked when the Board would have members of the public on the CRA Board, which was supposed to be a public board. She complained the City Commission does the same. She suggested the Board look at all the Boards and give them their power back. No one else coming forward, Public Comments was closed. 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 Ms. Shutt commented that there is a standard how the agendas are done with respect to the CRA Board and Advisory Board. The City Commission adopted a resolution how the matters will be handled. Chair Penserga responded that they can address this at the appropriate time. There was sufficient consensus for staff regarding this item. E. Discussion and Consideration of Letters of Intent for the CRA-awned Property located at 401-411 E. Boynton Beach Boulevard Tim Tack, Assistant Director, presented the item as contained on the meeting materials. He detailed that the CRA received a LOI from Millspring Property for the purchase of the 401-411 properties for$630K. He elaborated Stephen Miller, President, wants to use this as a commercial location for Strong Heart Foundation, whose mission is to raise awareness of undiagnosed high blood pressure and atrial fibrillation and another use, which is recycling bottles, which is coordinated with the Lord's Place Re-entry programs. Mr. Tack added that if approved, Mr. Miller would pursue acquisition of the property at 413 E. Boynton Beach Boulevard, which would complete their property assemblage. Mr. Tack also conveyed that on June 3rd, the CRA received another LOI from the United States Postal Service, (USPS) since their current building was sold and they need to relocate its retail operations near its current location. Mr. Tack reviewed the terms and the Board's five options as contained in the meeting materials. Mr. Hancock gave a brief overview of their LOI and explained that their goal is to have a retail presence as near to their current location as possible. They are not looking to be part of, or tied into a larger development and this site would not be connected to the current location. He explained it is a stand-alone proposal to lease the space for a new Post Office. Mr. Hancock explained that they would take the shell building and build it out to be used as a long-term retail facility. They also have a postal carrier component to fill at another location so approvals and timelines for this project are more complicated. They would forward any interest or approvals to the USPS for their approval process once the CRA shows interest. (Vice Chair Cruz left the dais at 7:41 p.m.) Mr. Miller announced that he has been a nurse for 40 years and he has been in business for 15 years in the medical industry, which led to him expanding and strengthening the Strong Heart Foundation. He noted that many in lower income communities do not have regular medical check-ups. Strong Heart Foundation would purchase and provide barber shops and hair salons with automated blood pressure cuffs and heart rhythm monitors, which can identify atrial fibrillation, which people usually do not know they have. The building would also serve as a store front to recycle and repurpose bottles, which they coordinate with the Lord's Place. The construction side of this could be done in different buildings as the two buildings are zoned differently. The Strong Heart Foundation would 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 have the store front location for people to walk in and have their heart and blood pressure checked. (Vice Chair Cruz returned to the dais at 7:45 p.m.) Mr. Miller stated that since he submitted his LOI, he learned from former Mayor Grant that he had wanted a Welcome Center in Boynton Beach and he thought they could construct one on the property. Board Member Turkin asked about the square footage of the Welcome Center. Mr. Miller replied that he believes between 900 and 1,500 square feet would be appropriate. Board Member Turkin advised that he likes the idea of brainstorming, finding solutions and the Welcome Center. Board Member Kelley asked Mr. Miller if the building would be a true store front and what services they would provide daily. Mr. Miller explained that the 401 location would be the store front for displays and sales. The construction site to provide the products would take place at 313 NE Railroad Avenue. The manufacturing would be done in those buildings. Chair Penserga felt that there is a problem with finding a location for the USPS and that the Board had agreed to keep it in this area. He wanted to accept their LOI, work with them and issue an RFP so they could have a tenant and perhaps have a two or three- story structure for additional commercial businesses. Ms. Shutt commented if they go to RFP, those provisions could be included, but she commented that the lot was small. She further stated that she was unsure the Post Office would want to share a wall or a floor with another tenant and that here are a few excess parking spaces, but that there would be shared parking if there were additional tenants. Chair Penserga asked Mr. Hancock if they could have a multi-floor building and if the Post Office were to be a tenant in that area, if they would acquire the adjacent property at 413. Mr. Hancock responded that he had no problem sharing a building, but he thought if they build up, there would be parking access issues and trouble getting the mail in and out of the building as there is only a small alleyway. They would be willing to entertain additional tenants as long as the site meets their requirements. As to purchasing, Mr. Hancock explained they are only interested in leasing. They want to stay as close to their current location as possible and develop a new retail facility. Chair Penserga favored issuing the RFP and seeing if they can create additional spaces. Board Member Turkin requested clarification that when they issue the RFP that they will be selling the land, but by issuing the LOI, they will not be a landlord. Chair Penserga confirmed that the CRA would not become a landlord. Ms. Shutt advised that they will work with the Post Office to meet their specifications and bring back a draft RFP for developer qualifications most likely at the August meeting. 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 Board Member Hay queried what the CRA would accomplish by issuing an RFP and learned the CRA may be able to create something new. Board Member Hay asked Mr. Miller if they were receptive to sharing a facility with the Post Office. Mr. Miller responded that being on a second floor of a building would not be successful. Chair Penserga thought that it may be addressed with signage. The CRA will look for a developer and the Post Office will lease the property. Mr. Miller would look closer at purchasing and leasing to the USPS. Mr. Hancock expressed his concern about parking. He thought the highest and best use would not tie into parking and they will need access for the customers. They are only providing an initial concept. Susan Oyer, 140 SE 27th Way, complained that she has to pay higher fees for her Post Office Box than other postal locations and asked how many employee spaces were needed. She mentioned that she had been advocating for a Tourist Information Welcome Center for years and recalled one was supposed to be located in the Cultural Center. She questioned whether two stories and a Post Office would be secure as there are checks and other items of value in the mail. Attorney Grant thanked the CRA Board for considering this. He noted that they still have a Town Square with a lot of vacant land and there is vacant retail land across from it. Attorney Rossemll summarized the Board will accept the USPS LOI, work with them and direct staff to work with Legal to issue an RFP which functions as a 30-day notice. Motion Board Member Hay moved to accept the USPS LOI and to direct staff to publish an RFP on this location, including the design provided by the USPS and bring it back for approval. Board Member Kelley seconded the motion. Ms. Shutt clarified that the RFP will seek development proposals from an entity to build out the shell that includes all the specifications the USPS needs for the site, the opportunity for additional tenants and requirements the Board could like. Vice Chair Cruz questioned if the Post Office really wanted an additional tenant. There are 22 parking spaces with the USPS there now and it is congested. An additional tenant would require more parking. She did not think they should put a tenant above the Post Office. Chair Penserga explained they have to come back to the Board with their concept and thought that they should let the development community try to come up with something creative. Vote 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 The motion passed unanimously. F. Request by the City of Boynton Beach for a Temporary Suspension of the Neighborhood Officer Program (NOP) Ms. Shutt explained that the CRA received a letter on May 27th to suspend the program due to staffing issues. The program will resume in September. Joe DeGuilio, Interim Police Chief, advised that he inherited some staffing challenges. They are looking for resources to support a core function, which is road patrol. The two officers will work in the CRA zone. They are not taking them out of the District, just changing their responsibilities temporarily. Motion Board Member Hay moved to approve the program's temporary suspension. Vice Chair Cruz seconded the motion. The motion passed unanimously.. 14. CRA Projects in Progress A. CRA Economic & Business Development Grant Program Update Vicki Curfman, Administrative Assistant, reviewed the chart. There was one extension granted over six months and she gave the fund balance and distributions as of May 2, 2022 She announced five new businesses opened in the CRA District. Staff will reach out to them and inform them about the Social Media Outreach Program that is available to them. (Board Member Kelley left the dais at 8:96 p.m.) B. Rock the Block Recap Mercedes Coppin, Business Promotions and Events Manager, reviewed the above free event which took place on May 21 s on E. Ocean Avenue. She spoke about the ive band and family-friendly activities, all to spotlight the businesses operating in the Cultural and Downtown Districts. Multiple Boynton Beach Bucks promotions were offered to encourage attendees to visit the participating businesses. Survey results showed merchants experienced a 100% increase in sales and an 80% increase in foot traffic. About 74% of the attendees were residents and about 39% heard about the event from social media. (Board Member Kelley returned to the dais at 8A9 p.m.) Board Member Kelley commented that the event was great. She noted that there are two restaurants on the street, with only one mildly catering to children and that she had to 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 leave to feed her kids. She thought some changes to accommodate children would be beneficial. She also stated that she wanted to add lighting as a future agenda item. Board Member Turkin commended staff on a 40% response to social media marketing. Ms. Shutt explained that a lighting retrofit project will commence in the next few weeks. She said that there is a separate project called the CRA Lighting and Streetscape Project and this would work in concert with that to light the Avenue. Dewey Park lights are meant for seasonal use and she acknowledged there is a problem when it rains When the retrofit lighting begins, they will consider having double heads to match the Town Square lighting. They are also looking at lighting along the railroad and the alley. She advised staff was aware of the current problems and is addressing them through more permanent fixtures. C. Social Media & Print Marketing Update Renee Rosario, Social Media and Communications Specialist, reviewed the CRA business posts. Photographs of the Boynton Beach CRA activities, Rock the Block posts and copies of ads in various periodicals were also viewed. D. Tree Canopy Coverage Project Update Ms. Shutt explained that there is a rollover of funds for the Tree Canopy program. There is nowhere else to plant trees in the CRA area and the funds could be reallocated for the next fiscal year. E. MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update Mr. Tack gave a presentation containing pictures of the progress made. He reported that they are doing all they can to adhere to the time frame for the project and it is still on track for early 2023. Ms. Shutt stated that they were working with Centennial and there are seven bays each having 1,000 square feet that are available. So far, Centennial signed three tenants for the Bays and all three tenants are from Boynton Beach. Board Member Hay was excited about the property as it had been idle for decades. He thanked the Board and Centennial. 15. Future Agenda Items Chair Penserga stated that an update regarding items 15 A and B, the apartment and shop components will be given in August. A. Semi-Annual Progress Report - MLK Jr. Boulevard Corridor Mixed Use Project (dba Heart of Boynton Village Apartments LLC) 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 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 Motion There being no further business before the Board, Board Member Hay moved to adjourn. Board Member Turkin seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:35 p.m. Catherine Cherry Minutes Specialist 18 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 CONSENT AGENDA AGENDAITEM: 10.D. SUBJECT: Approval of CRA Board Meeting Minutes -July 12, 2022 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the July 12, 2022 CRA Board Meeting Minutes ATTACHMENTS: Description D Attachment I -July 12, 2022 CRA Meeting Minutes Minutes of the CRA Board Meeting Held on Tuesday, July 12, 2022, at 6 P.M. at City Hall Commission Chambers 100 E. Ocean Avenue, Boynton Beach, Florida PRESENT: Ty Penserga, Chair Thuy Shutt, Executive Director Angela Cruz, Vice Chair Tim Tack, Assistant Director Woodrow Hay, Board Member Tara Duhy, Board Counsel Thomas Turkin, Board Member Aimee Kelley, Board Member 1. Call to Order Chair Penserga called the meeting to order at 6:01 P.M. He reviewed the rules of decorum. 2. Invocation Board Member Hay gave the invocation. 3. Pledge of Allegiance The members recited the Pledge of Allegiance to the Flag. 4. Roll Call A quorum was present. 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Board Member Turkin requested to move Item 14 B to after Public Comments. B. Adoption of Agenda Motion Board Member Kelley moved to approve the agenda as amended. Board Member Hay seconded the motion. The motion passed unanimously. 6. Legal None. Meeting Minutes CRA Board Boynton Beach, Florida July 12, 2022 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 Kelley disclosed that she spoke with Neighborhood Renaissance. Board Member Turkin stated that he spoke with Andrew Maxsey, from Pulte Group, and Kim Kelly regarding Item 14. He said that he also met with Neighborhood Renaissance virtually. Chair Penserga commented that he spoke with almost every applicant on the Cottage District, Item 13C, but not East to West Development Corporation and Kim Kelley. Vice Chair Cruz disclosed that she spoke with Neighborhood Renaissance virtually. Board Member Hay announced that he had no disclosures. 8. Announcements and Awards A. Boynton Beach Night Market Announcement Amanda Meyer, Business Promotions and Marketing Coordinator, announced the Night Market on July 30th at 6 p.m. at the Amphitheater, and the associated activities. She advised that there will be free parking, and vendor applications will be accepted until July 25 t Ms. Shutt announced that the last Night Market went very well. 9. Information Only None. 10. Public Comments Chair Penserga read the following: 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 2 Meeting Minutes CRA Board Boynton Beach, Florida July 12, 2022 the Board, please go to the podium or unmute your device when prompted, and state your name and address for the record. Lord Governor of the Boynton Beach Haunted Pirates Fest and Mermaid Splash said that he understood the event is being transitioned to the City and wanted the Board to continue the event. He commented that it draws 80K people over two days and people are looking to do things on the week of Halloween. He requested that they budget funds for it, as the last weekend is the best weekend for the show and he needs to time to obtain acts. He commented that it is a wonderful signature event for the City, and it is good for existing businesses and it attracts new businesses. Steven Grant, former Mayor, stated that he previously sent an email about the Florida Bar Rules of Professional Conduct to the members and noted Rule 4.11 pertaining to special conflicts that could exist about a former public officer representing someone in front of the Board. He noted that certain matters occurred over the last six years, but that he can represent someone if he receives informed consent from the Board. He advised that his law practice is in the CRA area and several CRA businesses approached him. Mr. Grant stated that he would provide as much information as he can to apprise the Board of the details regarding how any information he obtained as Chair of the CRA Board would not interfere with the CRA or put the CRA at a disadvantage. He noted that the State Legislature prohibits him from receiving compensation under F.S. 112.3.13 Subsection 14, and the clients that he has, he represents in other matters and he will represent them here without compensation. He stated that he is waiting for an Opinion Letter from the State Attorney General, because it does not specifically say, dependent, special district, but out of an abundance of caution, he will not accept compensation. He asked what was the best way to go about obtaining the informed consent. Attorney Duhy responded that she spoke to Mr. Grant about the matter referencing Florida Statute, Section 112.3.13 (14) and that the CRA Statute does apply the rules. From a legal perspective, because of Mr. Grant's prior service to the City, it could give the appearance of impropriety. She offered to contact an outside source, such as the County and State Ethics Bureau and the Attorney General. Mr. Grant pointed out that the Legislation describes a governing body or agency and it only pertains to an elected position; and the CRA Board members are appointed. He stated that without compensation, there is an element of lobbying, which he was not accepting. He said that there was agreement to wait for an Opinion and for Attorney Duhy to conduct further research. Chair Penserga opened Public Audience. Ernest Mignoli, asked if people have to give their address at the meetings and complained about an incorrect meeting time. He stated that the Board discriminates, and benefits shop owners and not residents, and about crime. 3 Meeting Minutes CRA Board Boynton Beach, Florida July 12, 2022 James Barton, 533 E Ocean, President of Florida Technical Consultants, advised that he will submit a letter asking for a lease extension, similar to what Hurricane Alley has. He said that they have an agreement with the new owner to stay in the building until they take ownership, and they hope to occupy a unit in the new building. He stated that if it is voted down, they are looking for another place, but if allowed to remain, they will alleviate liability concerns, as they now have second method for egress. Chair Penserga closed Public Audience. Item 14 B Discussion of lease amendment with CRA and Hurricane Alley. (Heard out of Order) Ms. Shutt presented the agenda item. Mr. Grant, on behalf of Hurricane Alley, stated that there was incorrect information in Ms. Shutt's presentation. Attorney Duhy recommended Mr. Grant not speak on the client's behalf until the Board receives an Opinion from the Attorney General or the Commission on Ethics. Mr. Grant explained that was for a different matter of representation with compensation, but he announced that his client would speak for herself. Kim Kelly, from Hurricane Alley, stated that she did not have a one-year extension, she has had five, five-year renewable leases every five years for 25 years. She detailed the terms she wanted and stated that her legal counsel will negotiate on her behalf at the appropriate time. Attorney Duhy stated that because of Ms. Kelly's agreements will Affiliated Development, they cannot have a lease that extends beyond the closing date, per the Purchase and Sale Agreement unless they waive that provision. After brief discussion, there was agreement to table the item to work out the details. Motion Board Member Turkin moved to table Item 14 B. Board Member Kelley seconded the motion. The motion passed unanimously. 11. Consent Agenda A. CRA Financial Report Period Ending June 30, 2022 B. Approval of CRA Board Meeting Minutes - May 10, 2022 4 Meeting Minutes CRA Board Boynton Beach, Florida July 12, 2022 C. Approval of Commercial Property Improvement Grant Program in the Amount of $25,000 for Sole-Perna, Inc. d/b/a Salon South Flow located in Patterson Plaza at 1815 S. Federal Highway Units 3 & 4 D. Approval of Commercial Rent Reimbursement Grant Program in the Amount of $15,000 to Sole-Perna, Inc. d/b/a Salon Resta located in Patterson Plaza at 1815 S. Federal Highway, Units 3 & 4 E. Approval of Commercial Property Improvement Grant Program in the Amount of $50,000 to JWS Investments Restaurant d/b/a Tropical Island Restaurant located at 126 W. Boynton Beach Boulevard F. Approval of Commercial Rent Reimbursement Grant Program in the Amount of $21,000 to Tropical Island Restaurant, LLC located at 126 W. Boynton Beach Boulevard G. Approval of Commercial Property Improvement Grant Program in the Amount of $25,000 to Beauty & The Beat, LLC, d/b/a Beauty & The Brow Boutique located in Sunshine Square at 240 E. Woolbright Road H. Approval of Commercial Rent Reimbursement Grant Program in the Amount of $14,391 to Beauty & The Beat, LLC, d/b/a Beauty & The Brow Boutique located in Sunshine Square at 240 E. Woolbright Road I. Ratification of the Insurance Broker of Record for Property and Casualty Insurance Program Contract 12. Pulled Consent Agenda Items None. Motion Board Member Hay moved to approve. Board Member Kelley seconded the motion. The motion passed unanimously. 13. Old Business A. Project Update on the Bride of Christ Daycare Center at NE 10th Avenue Ms. Shutt presented the item and stated that the Church had requested an extension, which was granted. She stated that staff had informed them they needed zoning approval and that a report should be given, and that a six-month written update was provided. She mentioned that a building permit was submitted, but zoning has not received paperwork for the use approval or the zoning approval. 5 Meeting Minutes CRA Board Boynton Beach, Florida July 12, 2022 Joel Comerford, Attorney on behalf of the Church, stated that he sent a letter on the status of their progress, and the letter outlined their progress regarding permitting, financing, contractor selection, and Unity of Title for Lots 26 and 27. He mentioned that the Church has until January 16th to put boots on the ground. Ms. Shutt pointed out there is a difference between a site plan approval and a zoning approval. She said that they would have to go through the public hearings process for the use approval and it is a separate application that takes a few months to prepare. Mr. Comerford stated that he believed the engineer was aware. B. Discussion and Consideration of Amendment to Exhibit A, Marina Rules and Regulations, of the Dockage Lease Agreement for the Boynton Harbor Marina Theresa Utterback, Development Services Manager, stated that this item adds a paragraph about hurricane preparedness for boats to the Marina Slip Lease Agreements. She said that to-date, there have been no issues and usually boat owners remove their boats from the Marina in preparation of a major storm. She commented that if someone does not secure their boat, the dockmaster has to do it, and that takes time and materials. She said that this item would allow the dockmaster to invoice the owners. She explained that this language will be included in all lease agreements and current renters will all be notified of the change as they are currently unaware of the additional provision, if approved. She commented that there are also provisions in the current lease that state that the CRA can change rules and regulations when approved by the Board, and she noted that all boat owners supply the dockmaster with their emergency plans, so the dockmaster will know who will leave and who will stay. She conveyed that the dockmaster thought a fee of $500 maximum, per slip, was appropriate and she further noted that six rental slips will be impacted. Further brief discussion followed regarding repeat tenants often just signing leases and they may not be aware of the change, and the actual cost and manner of assessing the fee, as the cost would not be the same to secure a large diving vessel compared to a wave runner and that further research was needed. Brian Smith, Dockmaster, stated that he would contact other municipal marinas to see what they charge. Motion Board Member Kelley moved to table Item 13B. Board Member Turkin seconded the motion. The motion passed unanimously. C. Discussion and Consideration of Letters of Intent for the Cottage District Infill Housing Redevelopment Project 6 Meeting Minutes CRA Board Boynton Beach, Florida July 12, 2022 Ms. Shutt stated that this pertained to For-Sale affordable housing, meaning they will be single-family detached homes or townhomes, not rental, and that the Letters of Intent (LOI) included different categories. She said that the CRA has been trying to develop the site since 2019 and had been in discussion with several developers, and the last RFP ended in termination of negotiations with Azur. She commented that since then, staff received five LOI's and the developers were present to introduce their concepts. Daniel Roseman, East to West Development Corporation, was present virtually and explained that they are a 501(c)3 corporation. He stated that they have an amended proposal which provides for a payment of $1.08M for the land and the average home price is $322K, servicing those earning between 80% - 140% of the AMI. He said that they believe their proposal is consistent with the CRA Plan and the zoning and the land use. He mentioned that they partnered with a general contractor and they have been provided with a site plan and home type. He provided the history of their team, and said that the range of their homes would be from $285K to $343K, depending on which model is selected. In response to a question from Chair Penserga regarding the request for additional support from the CRA beside the land cost being reduced, he advised that they want to have a partnership, and if there is any support from the CRA, they would leverage it. Chair Penserga asked if they have the financial capability for the project. Mr. Roseman explained that they are working in Ft. Pierce and they have a preliminary loan from the Florida Community Loan Fund, which is a resource they have access to, as well as having a venture capitalist the are working with, if not funded by the Florida Community Loan Fund. Vice Chair Cruz stated that she asked if they would consider paying full price for the property, and she learned they would, but the issue is any money they have for the purchase of the land will affect the purchase price of the home. She commented that they want to strike a healthy balance and want to keep price points below the County's AMI. She asked about garages. Mr. Roseman stated that it would affect cost, and the site plan is already pretty tight. Board Member Hay asked if they would be comfortable with the reverter clause. Mr. Roseman responded yes. (Vice Chair Cruz left the dais at 7:12 p.m.) Lewis Swezy, of Centennial Management, stated that they have over $60M in development currently ongoing or completed in the City. 7 Meeting Minutes CRA Board Boynton Beach, Florida July 12, 2022 Elizabeth Roque, of Centennial Management, pointed out that they spoke with people and ascertained that there is demand for affordable housing and a shortage of affordable senior housing. She explained that they will build townhomes or single-family homes with an affordable elderly community component. She stated that they will pay $3M for the land, and they want to start construction on the single-family townhomes immediately without funding, which they can fund from their own accounts. (Vice Chair Cruz returned at 7:15 p.m.) Board Member Kelley agreed that there is a need for senior housing, but in looking at the two different plans, there is a lot of parking. Ms. Roque explained that they made sure that all the townhomes or cottages would be street lined and owners can walk out onto a sidewalk and garages would be in the back. She said that the senior community would be on the interior of the community, and the parking would not face a backyard, it would be buffered. Chair Penserga requested confirmation that Centennial was offering $3M for the land and they can begin right away, which Ms. Roque confirmed. He explained that he understood they would apply for credits. Mr. Swezy explained that there are two components, and the for-sale townhomes could be started right away, but the senior housing would be through State approval. Ms. Roque advised that they would use local contractors as they have with Well's Landing and Ocean Breeze. Board Member Hay asked what would happen if they did not receive the 9% tax credits. Ms. Roque responded that they are confident that they would be very successful, and it may not happen the first year, but it could happen the second year. Vice Chair Cruz expressed her concern that it could be a potential issue. Andrew Maxey, representing Pulte Home Company, stated that they will pay the appraised value of the land and will build 46 units comprised of single-family homes and townhomes. He said that in addition to matching the land's appraised value, they will commit to sell in the two lowest income categories, which was 60% to 100%AMI equating to $168K and $216K respectively for the price of the homes. He mentioned that they have several local vendors they use, which he listed. He commented that in terms of speed, he reviewed images of a project in Delray Beach and within four months, they started all 20 homes in Carver Square with the CRA there. He said that he was confident that if they win the bid they can deliver similar results in Boynton Beach. 8 Meeting Minutes CRA Board Boynton Beach, Florida July 12, 2022 Board Member Kelley asked if they promote their projects first to the community where it is being built, before offering it countywide. Mr. Maxey replied that before offering it countywide, they target local groups to teach how to become qualified for a homebuying opportunity first. Vice Chair Cruz asked if Pulte would consider building more single-family homes versus the townhomes. Mr. Maxey responded that they are not set on a final number and they could be flexible for different combinations of product types. She mentioned that she liked that Pulte was paying full market price for the land and they are providing workforce single-family and townhomes for purchase. She asked if they were willing to work with the CRA to market this to Boynton residents first and learned they would. Mr. Maxey stated that they agree with the reverter clause. Board Member Hay asked if the price for land acquisition would increase. Mr. Maxey stated that they were comfortable paying the appraised value and they intend to pay for the deal in cash and would not need a lender, and they have used local subcontractors. He indicated that they also anticipated 10 months to get site plan approval and if they can get it done faster, they will close. He anticipated breaking ground in a year's time. Ms. Shutt explained that if the Board authorizes them to begin negotiating, the CRA can work with them regarding architectural details and then it would come back to the Board. Terry Murray, Neighborhood Renaissance Executive Director, stated that their approach was all about vision and they followed the CRA plan. She announced that this is the one opportunity to redevelop the Cottage District because it will be there forever, and she explained what the development offers. She reviewed the amenities and highlighted that the plan has connectivity as it adjoins with adjacent neighborhoods. She advised that they have the ability and commitment to ensure Boynton Beach residents purchase those homes. Ontario Johnson, Neighborhood Renaissance, stated that they will start on day one working with residents to ensure they become homeowners. He said that they have an approach to hand holding the residents throughout the process, so that they fully understand it and have a support system. Ms. Murray explained that if the Board wants them to raise the purchase price, it will raise the price of the home and they are about Public Private Partnerships. She said that they would look for ways to raise revenue and share it with the CRA. She mentioned that at the time they had to submit their plan, this was what was available for the product and services they were offering. 9 Meeting Minutes CRA Board Boynton Beach, Florida July 12, 2022 Board Member Hay asked if they could redesign the development. Ms. Murray stated that they are very receptive to adjusting plans. She explained the range for the prices of the homes. Board Member Kelley commented on the business model that they have and liked that they work with potential homeowners from the beginning to end. She saw in their plans, that it looked like the homes are identifiable based on what income group they are in. Ms. Murray said that they have some attached townhomes that are market rate, and the homes are interspersed, but they can tweak the plan so that no one cannot identify which homes are in which income category. Chair Penserga noted that the funding source is not identified. Ms. Murray stated that the proposal identifies one funding source, which is affordable housing, as they have an exchange program, and the balance would be from a construction loan. She advised that they can also bring in another investment partner and they spoke to the National Community Reinvestment Coalition that has a $6M fund for Palm Beach County they could use. Ele Zachariades, from Dunay, Miskel and Blackman, LLP, stated that Miki Kievan, CEO of Blackonyx Capital will make the presentation. Mr. Kievan stated that they are a private Equity Real Estate Fund and also manage a debt and a hedge fund. He said that they proposed two different concepts and they have a strong team. Ms. Zachariades explained that the first concept is ninety-nine, 1,500 square-feet cottage homes with garages, three bedrooms and two and a half baths, all of which are workforce housing and nearly identical. She said that residents will have a park on NE 4th, as a public amenity and they are not asking for any CRA contribution or Federal or State funding. She advised that they want to include a retail component, such has office space or a grocer to create a sustainable community, and that the second concept was similar. She stated that Blackonyx was offering $2.55M for the land and it is an all cash deal. She spoke about loan rates, and construction timelines. She announced that they will have a local job fair and would like to open it up to City employees first and then Citywide. Board Member Kelley asked about the average sale price of the units and learned that they would be offered at .140% AMI and a price of$312K per unit. Board Member Turkin asked for staff's opinion about the retail component. Ms. Shutt explained concept three and said that they would need a land use change for the mixed use, so a rezoning to IPUD would be necessary. 10 Meeting Minutes CRA Board Boynton Beach, Florida July 12, 2022 Board Member Hay asked if Blackonyx had constructed any units in Palm Beach County. Ms. Zachariades responded that they had. Mr. Swezy clarified that when Centennial submitted their application, they assumed it was under the same conditions as Ocean Breeze, they paid the purchase price, and they paid the funds to the CRA in advance, so it was not subject to tax credits, but regarding senior component, they cannot start until they get the tax credit. Board Member Turkin asked if Pulte could change the home exteriors to look more like cottages. Mr. Maxey replied that they could. Vice Chair Cruz asked if they could have more single-family homes. Mr. Maxey agreed to check with the planners. They may be able to substitute some of the multi-family units with single-family units. They were open to suggestions from staff. Chair Penserga opened Public Comments Ernest Mignoli, 710 NE 7t" Street, Unit 407, asked the Board to consider the long-term and they need something for average income people. He opined that if comparing a non- profit company to a for-profit one, the non-profit home will reap a lot of benefits over the long term, receive taxes and get people into homes. He said that they need diversification and the homes are needed. Keturah Joseph, Boynton Beach Faith Based Community Development Corporation, agreed with Mr. Mignoli's comments and stated that they need affordable housing in that area She mentioned that there are many $400K and $500K homes, and currently, the neighborhood is experiencing gentrification. She requested that the Board keep the price point in mind, and this project was always earmarked for affordable housing and she thought that 60% to 120% AMI is where the consideration should be. Mr. Roseman commented that when looking at the proposal and consideration of the Board, their proposal seems to be most suited to the CRA and County goals. He said that they cannot compete with larger private development entities, but they need to be consistent. Chair Penserga closed Public Comments. The members deliberated on this item and the consensus was to move forward with Pulte Homes. 11 Meeting Minutes CRA Board Boynton Beach, Florida July 12, 2022 Motion Board Member Turkin moved to reject the LOI from Centennial. Board Member Kelley seconded the motion., The motion passed unanimously. Motion Vice Chair Cruz moved to begin negotiations with Pulte Home Company LLC contingent on changes in the number of single-family homes provided. If negotiations are unsuccessful, the Board can make a second selection. Board Member Turkin seconded the motion. The motion passed unanimously. Attorney Duhy stated that she will bring this back at the next available meeting. Chair Penserga recessed the meeting for a short break at 8:50 p.m. and reconvened the meeting at 9:03 p.m. D. Discussion and Consideration of Purchase and Development Agreement with the Boynton Beach Faith Based CDC for the Boynton Beach CRA owned Properties located at 402 and 404 NW 12th Avenue Ms. Shutt presented this item as contained in the meeting materials and stated that this parcel was part of the Housing Authority auction. She mentioned that the Board received two LOI's and selected the Boynton Beach Faith Based Community Development Corporation, (BBFBCDC). She stated that the Purchase and Development Agreement was reviewed by Keturah Joseph, Executive Director of the BBFBCDC and needs approval. Motion Board Member Hay moved to approve. Board Member Kelley seconded the motion. The motion passed unanimously. E. Consideration of Approval of System Audit Reports and Payments Release to Seabourn Cove Holdings LLC for the Properties known as Seabourn Cove - Phase I & Phase II Vicki Hill, CRA Finance Director, stated that in 2012, the CRA signed a Direct Incentive Funding Agreement (DIFA) with the above and to receive funding, they needed to meet conditions. She explained that they have met the conditions and need Board approval to release the funds. 12 Meeting Minutes CRA Board Boynton Beach, Florida July 12, 2022 Motion Board Member Hay moved to approve. Board Member Turkin seconded the motion. The motion passed unanimously. 14. New Business A. Consideration and Discussion of Fiscal Year 2022-2023 Project Fund Budget (REVISED) Ms. Hill explained that the Property Appraiser informed the CRA about the amount of TIF they would receive. She explained that she reviewed the amount that Seaborn Cove, Phases 1 and II, would receive and other TIF recipients. She explained the budget allocation to different projects with the funds. She said that they can reallocate funds now that Pulte is paying for the land for the Cottage District. Ms. Hill reviewed the line items and the spoke about the following: the ILA for the Women's Club; the Neighborhood Police program; the marina seawall; the Economic Development Grants; commercial exterior improvements; business promotions and events; site work and demolition; professional development services; legal services; and contingencies. She noted that there was still $605,545 left to be reallocated. Ms. Shutt commented that the prior Board asked the CRA Advisory Board (CRAAB) to review properties on Boynton Beach Boulevard, as they enact the Complete Street model, so that funds could be allocated for acquisitions or the MLK Corridor or the Post Office assemblage. Chair Penserga stated that he wanted to set aside funds for a future grocery store. Board Member Hay agreed with Chair Penserga's comments and commented that perhaps staff can guide a potential grocer where to locate. Vice Chair Cruz asked about staffing and any changes in the staffing budget. Ms. Shutt replied that they are fully staffed. She allocated a cost of living 6% increase and 5% increase for staff that would be allocated to Ms. Shutt to distribute to staff. Board Member Kelley asked about the events line item and asked why they were rolling over $175K and learned that some of the rollovers were because they did not hold an event or some were cancelled. Ms. Coppins explained that the original budget was $765,760 for the overall budget and most of that was for Pirate Fest. She pointed out that they usually come in underbudget, but one event for$35K was not held. She agreed to provide a list of events with a side by side budget. She noted that they have the Night Market event coming up. 13 Meeting Minutes CRA Board Boynton Beach, Florida July 12, 2022 Vice Chair Cruz commented that during budget discussions, they talked about the Pirate Fest and the current interim City Manager was unaware that the City would be hosting the event. She understood they will still be supporting CRA Businesses. Attorney Duhy explained that some of the events are not able to be funded due to a legal opinion that was issued in 2019. She spoke about what the CRA can and cannot fund. She characterized the language to be "clear as mud" and in an abundance of caution, it tied the hands on what the CRA can spend funds on. She stated that it was Legals advice to the Board to make the event a City-wide and not a CRA event. She explained that they can ask for an Attorney General's opinion, which is not binding, and a lot of what staff did was based on the changes in 2019 to transfer the event to the City. She read Section 163.345 and stated that she will send it to the members. Ms. Shutt explained that in 2019, Mr. Simon, the former CRA Executive Director and then City Manager, Lori LaVerriere, spoke and started to look into transitioning this event and other events to the City, but then the pandemic hit and there were no events. There was discussion regarding the following: business promotion and marketing; extending an agreement that the CRA had with Standing Ovation; and the price tag for the events. Board Member Kelley inquired why it was not discussed in the budget hearings earlier and noted that the CRA cannot allocate City funds. Ms. Shutt responded they did bring it up to the CRA AB in November and they had mentioned it to the prior City Manager. She stated that the CRA Board could have done more to help the City and partner with the City. Attorney Duhy recommended not talking about City business at a CRA meeting. Board Member Turkin asked about the difference between 7.89 mils and 7.85 mils, and learned it was $400K which could cover the event. He commented that the ball was dropped and he wanted to speak to the Interim City Manager. There was discussion regarding the CRA helping the City, and the CRA supporting businesses instead of spending so much of the funds on Pirate Fest. Chair Penserga explained that staff will meet with City staff and come back with an updated number at the next meeting. He commented that he will ask for a line item for a future grocery store, but staff will have to craft a strategy for it, look at locations and research grocers. Ms. Hill stated that she did not recommend earmarking the funds for a grocery store for a long period of time and clarified that the Board can keep dedicated funds in a line item for three years. She stated that she would place the funds in a category like acquisitions. 14 Meeting Minutes CRA Board Boynton Beach, Florida July 12, 2022 Chair Penserga stated that he preferred acquisition for grocery store. Board Member Hay recalled discussing lighting on MLK Boulevard. Ms. Shutt replied that they are working on the streetscape project, and they could try to work on activation, but poles are needed. Mr. Tack explained the process and said that they would have to get power to the poles, which would require agreements with the utility owner and separate agreements with those companies, because the City does not own the poles. Board Member Kelley said that she liked setting aside the funds for a grocery store and requested this item stay on the radar. Chair Penserga opened Public Audience. Ernest Mignoli, 710 NE 7t" Street Unit 407, stated that he did research on Board Members and especially the City Attorney. Chair Penserga warned Mr Mignoli to stay on topic. Mr. Mignoli stated that the reason this Board has issues is because of how they spend their money. He requested an audit and he verbally attacked Board Member Kelley. Chair Penserga requested Mr. Mignoli be removed from the Chamber and the Police escorted him out. He closed Public Audience. B. Discussion and Consideration of Lease Amendment between Boynton Beach CRA and Cafe Barista, Inc. d/b/a Hurricane Alley C. Discussion and Consideration of Purchase of Vacant Lot Located at NW 2nd Street from Boca Regional Hospital Ms. Shutt noted that they were looking at other properties on the west side of Boynton Beach Boulevard, as they become available for redevelopment. She advised that this property has potential on the corridor and staff sought direction. She said that the appraisal stated the value was $28K, but since it is not listed for sale, the owner wanted $40K. Vice Chair Cruz suggested that the Board be mindful of the market. She thought that there may be a potential recession and did not think that it was the best time to buy property, as it could be valued for less in the future. Board Member Hay stated that he did not think this property was overpriced and they should move forward with acquisition. 15 Meeting Minutes CRA Board Boynton Beach, Florida July 12, 2022 Board Member Turkin thought that it was a good parcel and thought they should wait a bit or offer a little less. He said that he did not want to pay $40K and he did not think they should approach the owner, and they should agree on a happy median. Ms. Shutt explained that both parcels are buildable lots, and the CRA plan has potential for commercial development and they normally purchase properties along priority areas or adjacent to CRA owned properties. She explained their process of acquiring land. (Vice Chair Cruz left the dais at 10:20 p.m.) Board Member Kelley was not comfortable moving forward with buying this small lot if the adjacent lot could be purchased by someone else. (Vice Chair Cruz returned to the dais at 10:23 p.m.) After brief discussion, there was consensus to move forward with acquiring the parcel for $28K Motion Board Member Turkin moved to offer up to $28K. Board Member Hay seconded the motion . The motion passed unanimously. 15. CRA Projects in Progress Chair Penserga asked what items the Board wanted to review. Ms. Shutt stated that staff could email the information to the members. Board Member Turkin stated that he drove by the MLK Corridor and was happy with the progress. A. CRA Economic & Business Development Grant Program Update B. Rock the Marina & Lionfish Derby Recap C. Social Media & Print Marketing Update D. Social Media Outreach Program 3rd Quarterly Report (April-June 2022) E. MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update 16. Future Agenda Items A. Semi-Annual Progress Report- MLK Jr. Boulevard Corridor Mixed Use Project (dba Heart of Boynton Village Apartments LLC) 16 Meeting Minutes CRA Board Boynton Beach, Florida July 12, 2022 B. Semi-Annual Progress Report- MILK Jr. Boulevard Corridor Mixed Use Project (aka Heart of Boynton Village Shops) C. Discussion and Consideration of a Draft RFP/RFQ for the CRA-owned Property located at 401-411 E. Boynton Beach Boulevard D. Consideration of an Amended Interlocal Agreement between the Boynton Beach CRA and the City of Boynton Beach to Fund the Boynton Beach Boulevard Complete Street Project E. Discussion and Consideration of Purchase and Sale Agreement for 1213 NW 4th Street, the Cherry Hill Mart F. CRA Board Discussion and Consideration of Executive Director's Annual Performance Review for FY 2022-2023 G. Consideration and Discussion of Fiscal Year 2022-2023 Project Fund Budget H. Discussion and Consideration of Revisions to the Economic Development Grant Program Guidelines and Applications for FY 2021-2022 I. Discussion and Consideration of the Commercial Rent Grant Program Reimbursement Extension Guidelines and Applications for FY 2021-2022 17. Adjournment Board Member Kelley stated that she appreciates how hard staff works when they receive reports or updates. Chair Penserga commented that in the future, he will ask the members, early in the meeting, which items they want to hear. Ms. Shutt explained that the report for Items 16 A & B will be heard in September. Motion Vice Chair Cruz moved to adjourn. Board Member Hay seconded the motion. The motion passed unanimously. The meeting was adjourned at 10:36 p.m. Catherine Cherry Minutes Specialist. 17 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 CONSENT AGENDA AGENDAITEM: 10.E. SUBJECT: Approval of Commercial Rent Reimbursement Grant Program in the Amount of $14,479.98 to SimpleWHOA LLC d/b/a Simple'WHOA! Nutrition located in Ocean Palm Plaza at 1550 N. Federal Highway, Unit 12 SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA District boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from SimpleWHOA LLC d/b/a Simple'WHOA! Nutrition located in Ocean Palm Plaza at 1550 N. Federal Highway, Unit 12, Boynton Beach, FL 33435 (see Attachments I - 11). At Simple'WHOA! Nutrition they are committed to improving the overall health of the neighboring community by providing great-tasting and science-based nutrition for a balanced diet. Their menu will feature energy teas packed with vitamins, protein donuts and waffles, as well as delicious smoothies. As a health bar, Simple'WHOA! Nutrition plans to employ two employees to run the day-to-day operations. Under the terms of their Landlord-Tenant Lease Agreement, the base rent required to be paid by the applicant is $2,413.33 per month (see Attachment 111). Simple'WHOA! Nutrition qualifies as a Tier I I business (as specified in the grant application) and would receive reimbursement for one- half of their monthly rent amount or maximum grant amount of $1,250 per month for a 12 month period, whichever is less. If approved, Simple'WHOA! Nutrition would be reimbursed in the amount of $1,206.66/month for a period of 12 months or a total grant amount of $14,479.98 during its first year of business. 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, $14,479.98 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $14,479.98 to SimpleWHOA LLC d/b/a Simple'WHOA! Nutrition located in Ocean Palm Plaza at 1550 N. Federal Highway, Unit 12, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Rent Reimbursement Grant Application D Attachment II - Location Map D Attachment III - Lease Agreement U w BOYNTO ;7t1 l iRt!ii{4114f }} BEACH 4 a1 CRA COMMUMTY REDEVELOPMENTAGENCY October 1, 2021 — September 30, 2022 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation or expansion. The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach. The term "existing business"means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced by the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Initials vi Page 1 of 15 Wq-A 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. U�Y1/ Initials Page 2 of 15 f ,� 1 Rent Reimbursement Uv 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. UP)iInitials Page 3 of 15 — Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435–Phone: (561) 600-9090 www.boyntonbeachcra.com • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales/Shooting Range • Convenience Store • Religion-Affiliated Retail Stores • Churches/places of worship • Non-profit organizations • Medical Research Centers/Housing • Check Cashing Stores • Tattoo Shops / Body Piercing / • Kava Tea Bars Body Art Shops • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Alcohol and/or Drug Rehabilitation • Pawn Shops Centers/Housing • Any other use that the BBCRA staff • Massage/Personal Services or BBCRA Board determine will not • Auto Services Facilities — repair, support the redevelopment of the storage, sales, etc BBCRA Area • CBD Retail Stores, etc. Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval. Tier One Business Tier One Businesses are eligible for reimbursement for up to half(50%) of the business's base monthly rent or$1,750 per month, whichever is less (maximum amount of the grant is $21,000, distributed in 12 monthly payments). InitialsP�A Page 4 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or $1,250 per month, whichever is less (maximum amount of the grant is $15,000, distributed in 12 monthly payments). Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home D6cor/Design — home • Clothing Boutique — clothing, furnishings, art galleries, kitchen shoes & accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than 2 • Real Estate Offices approvals per fiscal year) • Marketing Offices • Medical Offices • Fitness Centers • Insurance Offices • Laundry/Dry Cleaner facility • Specialty Businesses — stationary, • Florists (no more than 2 approvals gifts, sporting goods per fiscal year) • Take-out Foods Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on the lease at the time of Board approval. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; Initial Page 5 of 15 Rent Reimbursement I� 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. For purposes of this paragraph, the term "subject property" means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; 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 Initials Page 6 of 15 ,,1 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-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. Provide a 2-3 sentence mission statement for the applying business entity. This will be used as a way to introduce your business to the BBCRA Board. 3. Resume for each principal/owner of the business. 4. Copy of the corporate documents for the applying business entity. 5. Copy of City and County Business Licenses (Business Tax Receipt). 6. Copy of executed multi-year commercial lease agreement. 7. Two years of corporate tax returns (for existing businesses only). 8. Two years of personal tax returns for the principal/owners of a new business. 9. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 1O.If applicant is an existing business expanding to occupy more than 50% of its current square footage size, verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. 11.Completed and signed application (attached). 12.Authorization to perform credit check for the business and each principal/owner of the business (attached). 13.W9 Form and Vendor Application (attached). IVInitials Page 7 of 15 Rent Reimbursement V- 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Approval of Funding Request All required application documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement Monthly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to BBCRA Board approval. A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the approved applicant, with the option to request an additional 6 months. Reimbursement will occur on a monthly basis. Following the initial Reimbursement Request, each reimbursement request shall be made within 30 days of the start of the next month. Initials Page 8 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com In order to receive monthly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that month's reimbursement or proof of direct deposit). If applicant does not submit its monthly reimbursement request within 30 days following the end of the next month in which applicant is requesting reimbursement, applicant forfeits that month's reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant or applicant's landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant's submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the BBCRA to award grant funding. V4V Initial Page 9 of 15 Rent Reimbursement �\ 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com #� w BOYNTO �,,�,CRA BEACH1 COMMUNffY REDEVELOPMENT AGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (and d/b/a if applicable): Simple' WHOA! Nutrition Current Business Address: 1550 N Federal Hwy #12 Boynton Beach, FL 33435 Fed ID#: 87-1110743 Business Phone Number: 561-336-0951 Fax: Website: https://www.instagram.com/simplewhoa/ Existing Business: Yes No x Number of years in existence: Time at Current Location: 3 months New Business to Boynton Beach: Yes x No Do you have an executed lease agreement: Yes X No If so, monthly base rent. $2 413.33 New Business Address: Square footage of current location: 1,000 Square footage of new location: Type of Business: Smoothie, Nutrition Number of Employees: 0, just 2 owners Hours of Operation: M - Sa, 8am - 4pm Page 10 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com #� w� BOYNTO �,,�,CRA BEACH1 COMMUNffY REDEVELOPMENT AGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Venus Davis-Wallace Date of Birth: 01-07-1977 Email: venuswhoaP_yahoo.com Residential Address: 11211 S Military Trl, Apt 1623, Boynton Beach, FL 33436 Cell Phone Number: 317-679-8314 2. Principal/Owner Name: Anthony Wallace Date of Birth: 06-03-1973 Email: tonywhoaQUmail.com Residential Address: 11211 S Military Trl, Apt 1623, Boynton Beach, FL 33436 Cell Phone Number: 317-506-6552 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 #� w BOYNTO �,,�,CRA BEACH1 COMMUWY REDEVELOPMENT AGENCY APPLICANT INFORMATION Are you applying for grant assistance under any other program offered by the BBCRA? Yes x No If yes, what additional programs are you applying for: BBCRA Commerical Redevelopment Grant Are you receiving grant assistance under any other governmental agencies: Yes_ No x If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: Ocean Palm Plaza, LLC. Landlord's Mailing Address: 16950 Jog Rd, Suite #104, Delray Beach, FL 33446 Landlord's Phone Number: 917-816-5544 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 #� w BOYNTO �,,�,CRA BEACH1 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. Venus Davis-Wallace I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Page 13 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com BOYNTON I R A `4t BEACH-1 COMMUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION AWPL.iCANT TURES: I. ,"° P 'nci al/0vrn is Si ature�. bate As Printed Nah"' ('�e Title 2 0 f PrincipaUO ner's signature I to 11 V% C-- 1n Panted Name Tale 3.. Principal/Owner's Signature bate Printed Name Title 4.'` Principal/Owner's Signature pate Printed Name Title Notary as to Principal✓Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF k(6 f I COUNTY OF �[ C1't n C BEFORE ME,an officer duly authorized bylaw to adminis r aths and take acknowledgements,personally appeared �V M uj t`iikie personally known to me or produced j ar I I, / - 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 10942 day of J(4 2)rc� _ r ADRIANhS RANCOIS NOTARY PUBLIC ` +P "" Commbsbn I HH 092226My Commission Expires: `.y am Exp mArl W.2R5 Page 14 of 15 Rent Reimbursement 104 East Ocean Avenue,4`n Floor, Boynton Beach, FL 33435-Phone:(561)600-9090 www.boyntonbeachcra.com ImCamScanner / BOYNTO wwwBEACHICRA COMMUNITY REDEVELOPMENT AGENCY LANLORD INFORMATION LANDLORD SIG Tt t Landlord's ign t ee. R\ �' , r Printed Name . ... 2. Landlord's Signature Da f,1 Printed Name itle Notary as to PrincipallOwneir's Signatures • Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements,, personally appeared who is/are personally known i to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this f ' day of (t'F`L " ADRAM S.FMNWS , „ ► '.N. Comb"VHHDRM NOTARY PUBLIC ExpUes""2025 My Commission Expires; ?�no'R aar.et�werw+Nw.n Page 15 of 1.5 Rent Reimbursement 100 fast Ocean Avenue,411"Flog, Boynton Beach, FL 33,435_Phone: (5,1)600- ; „ www.boyntonbeachcra, om CamScanner 2/7/2018 PAPA Maps m� ;ter sx r Search by Owner,Address or Parcel I :p s �... s� s 9 i 00 View Property Record -= Owners YACHTSMANS PROPERTIES LLC Property detail F Location 1 550 N FEDERAL HWY 1 Municipality BOYNTON BEACH t Parcel No. 08434522060000630 F Subdivision COQUINA COVE IN r " �J Book 27258 Page 86 �; r At� iStit FI Sale Date DEC-2014 STAJUS CONSULTING LLC C/O 80 BUSINESS Mailing PARK DRSTE 103 ' Address ARMONK NY 10504 t 1704 Use Type 1 100-STORES 4 Total t 16772 I Square Feet Sales Information `f Sales Date Price DEC-2014 3412500 AUG-2005 4700000 JUL-2005 10 ,JAN-1986 100 JAN-1986 750000 Wet Dr r.. Appraisals �'s{t z Tax Year 2017 1F F Improvement Value $898,823 Land Value $862,179 -- " Total Market Value $1,761,002 - �(�1 All values are as of January 1 st }t each year Assessed/Taxable values y ' Tax Year 201, -. Assessed Value $1,690,530 }` - � Mueano.Baytp� Exemption $0 -- Amount ! Taxable Value $1,690,530 Taxes Tax Year 21017 I( Ad Valorem $36,575,$.7 Non Ad Valorem $7,878 51 http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434522060000630# 1/1 T'lIIS 1 f"ASIN, A(rdTl_I' ll_ 'I rnaanlc this 2lth da), March,-1021 licli een(kewi Palin 1'1 'a, 1.1 4,:, as Flovida Iran hed kualmWlny company flmcrcinmdlazT rckTrck to tis "I,aanrll'.orwl'1 and a)T T.KNNjj,Q ALL (1wrenttal'tcr referred 1 to its "Tenant"), I. Tlta" T1I S ED PREMISES:Landlord lcarx-s:to,rcimatnt and T rmnnt rermss frwins Landlord llrosw certain Trrw Wruws.in the Shopping Center(lncrctnrafter referred to as "Shopping("enter"),located mut QCLAN P,,%I,M,PL,.,kZ.A LLC:, 1550N,f c crtil Hwy sit they t ky of BrfL,n nton ITeu elms t"nraarut� artr'I''makuar ITc lr, tame of Flmmrmedat,Which tewwl pwr rni s 4tri"rnorey I-Wcrticularrkr described as dlmlkiwwst° I t)N. ffl TtmFt Il)n Reach Florida 3343 lliesre tuaaher called the `'Deirliscd Irr"eras s"") Ilrc W,,undaaricg axsd kXiHkwmam Ofthe d nmiscA Prermrr -",art,rrrrulined tin Wa rtr'uargrarn of tlac shopping cerotcr'"Which is mrttarchod tr vew, made ra pmart bacrol; Any and all other p,aynicnis to be made by 'fenant to Latulloird under the rerni, And provisionq of this I.easc shit!!tiedetmed to Iv,mid shal I lw�lvwlc"Addifional R&a'hcmcvildcc whelher or mit the:'sisme tv de*ignated as weal and shall be doc and playable upxxi divinand or together whii file JrjeXj succeeding insaaflowni v4khever shall fine occur.lejethet wifli into,"thcremn-,and Landlord d-will have the s smile remedies for radure to pay the swile as.lbr a rnat-pay ruent of rental, 4, COMMENCEMENT OFTERW tic iennol-this L"m te dual!coninience up oo the earl itr ofthe following dxnvs..(a)the above date or(b)the ditte LandloAl shall nwinify 1 ervint that the DenAsed llrcnikv�u are ivady For oecupancy,, Tonaw sludl, uIxin request by Landlord exccute a conrinnalion of the Cortuncticement and 'ferni ofiffli,Uvaw 5. DFLI'VFRV OF P141MISE S. qn 1: 1 an lana algtvc* tilgess to s�-Wuaw Landlord's Work Addetidunt IN,afflixed to this Leasv, it will supply Ilia prelinses,and I-coant hits inipmed and iecccpts the Pretnisks in"As Is"Corichnion, Ily IA-ing of tits Preinim-, Telivull acknok4kdge,fluff: (i)the prclwiiscs at.in Maisfactory oonditioe and arcsuilable fear dive uw conicimplated heifewf0cc,and 60 I.Awndkwd has clitaphed Willi all of flits requirements as to pwkoondnifm to Tcnam's occupanc.N ws rnabw required bit a Lmmdlord's Work Addendum alfixed toihk[,ease, , M be reach for awt3qlaney by fenaw on or prior fjinl,,1 It is that the Premiss%& e to tire ccuonnelicculent, date of this fCaSCL IIOWCVer, in the eVent that Landlutd is unable To deliver possession of the Prealisr's to Tv'rurtnt on or beforc this date,then Landlord alpvc5 to dc4cr pais essiovt of the pr4ami"wN lo I-cinant As solmi, as practioatile dwreafter. and lhe Trill'unilool tvilud shall k,- aNkled pfoponionalcly and 'I enans will be MKed of time kabiht% ficli paying ""nuc during such little 5taltru does nett ltal,clio,swicion. WN,speciluxj)oil as:eclumit ofthe fadurc Of Landlord n,wdefiver jx)ssession clfilive l-rerruses'. 6. SEC URITY DE POSIT: i a) Lfxrin exectaicin of(Ins JxAsc, fetwit shall delsosk NNith Landlord the sunt of fgur 'housand E00jutadvet]Twiviih-Six 66/IM( (-SLvurrtv Del xisit"),reccifit of"%jj rCfN is hereby aekno"Uged %shieli shall be held fly L Landkilrd, walwNto liability fior avtcrt-,,t as' A—curit) filer the finchfill ivribn1tw,we In Ictiaw oi'all of the teens of this pias e b) said'Tcriatis to No olssierteA and perfocined, 'The securils, Deposit shall wit tv fultrigaged. as-Lsigplcdteiiderred cK cnckflitbejled jiy lerlaillt %tnbL'nl the whien collsent of Landlond and mr), such act on the pika of"i ,,hall be iNilhout fome and effect mid sluill rwkahe bin4kil; olion Landlord, fenaw hereby irrevocalsiv wailvi fliv bviefit or any provision of lAw - requiring such Sectirivy Dclpxisk to be held in escrow or by a third party,and sald S(xurit) Mqxcoii shall be dccimcd to be the pwpotiN ofl andford lUld THaV tier QOraisin p„fed by Lluidkird lN ith other similar svcurity delicis0s or rreflaid rcnts. 4b) I fany of the rents hervin m-,cr%ed Or any other stun payable his "Versant to,Landk)rd shrill be oi,erdue and unpaid or should LamMord make payment s,oil Ischal f of the Tcruvrit,or I cmim shiifl tail lo perforni arty of the urtins of this Leaw,then l4indlord tna , ai its opticin and without prejudice W any other reincdN "hick Landlord scrim) have on accouni thereof appropwime mA apply said entire deposit ot soivnicf1 sberctor M rnam�lr be IiccVs%ar)' 10 COMIVINIJIV LAVIdloftl IlA41ld fire INNYMC1,11 of rein or additional [vot at loss or dainuip sustained til LamdlcliA due to such brevIch on the liart Of Yenara-1 and fenaril shall f6tith Yiv ith upon dcuiand resuire said iccurn) dcpmiL NNithirl Ion(,10)days osaW denimid.,to five onguiral sunt ck-flinifte& faillurr, to gvWffc [he security depjsit sitall t v 'A ie, &-rimed and et,eirik Of ktefi Jill entitling La"dkird to all mrincNfies at la%8 and under this Lwise, hep 'txvt tenant's oolupfitince w4b all ofsaid dic scrloi,condifions thiel o,,)lbfigafiolts wider 1111tl 11cMe during tire Temn ofthis Lcasc,and any exiension thcocici,iogethet%vah the rv,%nTl of the PTernisvi to Lindlsicd,at, the end of the TerTn, in gol,')d nc", tat %4eWr mid tear cxccpivxt, said Seckailv I)c1posul shall he returned in fill[w fetunn within,iK (,30l qlrtys,cif he caul of the term, (d) fit the evcni rit'hankniptcy or other credit debuir proccedings again"'I Tcswusta A DM� lsii*hall be deemed appliLd first tri any coils of,chtu-pts ox,,cosioned Iss,such ct-ent or to the payment of rent for all Ixtiod,pr4rit to the filing ot'such jimveciJings, 7. TRANSFER OF DEPOSIT- L.and1ord nwkv deliver flic Secktrity tkposit depo5iicd pursuant to [$Its Lease Tenaul to the Purchaser of Lagullord's ituct-cm in the Denni,cd Ptcooses Upon said imnsfier l-,amdtilrd shall be discharged frown any further liability with respect co such depi),sus, and Tcuani shall only be,entailed to seek recoveq of sapuc front I andlofd's Iranbfierec 'I c ruml, 0 1 uS I K 6 S. PLACE OF PAYNILN71'S!Ilona shall uake all undo this Le we on de A day of Me each ad every n-ollith in advance without demand at the office or oyan Patin Praza 11C. a FWAI balked liability company located am 16950 Jog Road (Sunt 0103l Donty, Reach FbirrikO 334:46, in the County of 11afin Beach.State of Florida. or at soch other place and to such orha person, as Landlord may frtmn thoe tiffs time designate in writing, 9. ASSIGNMEN't AND SUMXrf!N,G; Tenant simall nol asoma,b, mollpagrof encurriber than IxaC in whole or in parl-or sublet all or pan of Me liked Prmiwsts vk ithoui ptiOr'WTiftil COnsol't of [.andlord. which cotiscot unily be mithheki in Landlord's, sole and, absohile disicrction 'The consem by Laniflord to any assignmenwr i0knirig Aall not conakute a waiver of the nocessil.v or such consent m my soserplern mAmerwrit of suMeliOng- This proltihitkiii against tnisigning, or stbletfing shall be comsirucd to include as prohibition rimirlsi any assiourtort or subliming by Operation of law, If this Ivase be assigned or ifthe Dmniscd PtVwises 0T any, part flicreotAx occupied by anybody other than"I'mal. Landlord m.ly collect rent front the noWnce,or malpruli aud apply be no arnumm collecud to the rent herein reserved,bw no such asSplunwl,un&r or collectichnshall be decuted as%aivn of Mk prot kbn or be acceptame of be amigum,undo Terlam kit occupant as 1coam, or as, a release of Tenant from the further performance by I'mani of the provisions on is pan to be observed or po'kirmcd liercin, NotsithstatHilrig my ani, ignmill of' sublease:,'fenjurIj shall rcluain fully liable and shall enol be refcasal frion lis rt any of the terrus of Lawaras as reNnualwam Amu Me further performance by Tenant r4flic provishnson its part to bc ob-served or pa6irmed hembi, if twenty t2l)fo pament or kroner huenni in the Tenant as tran s fcrrcd, asdigned. gift "odierm,Hie changed, Sanic shat!! consi inin: an Lq,',,S nenrnon or the Lease and Me Tmant sMU mMQ LaWbiv! mid Imadlord shall have the 60L In is Q011. W W111111111c lfhn Lease urmlli five(�)dayN'notice to renant. Fof eadi,and every Tequest by the Total it)w,'osv Al,cowley, transiir, numigage, pledge or cricurob-cr I i fot,,w, jul%itolc ur in part,w shio the Promises or any pan of1he Prermsr-,the TcnantshalL M the samic linic ofsaid mqu4t%,t,tender to Landlord as non-tvii,aidjbic idruirusti-ative fee equal to lvv-co Th,ousauld I% Hundred Dollars(S2,5(X),0W 1% TENANT'S INSTALLATEONT Tolato a]: its oun cost and "lsi-tisc shall fully c--quilt the Derni-i""eld Prolliscs %Nim a" lmde etturipro"L ligNing Axmm, fumilum, operating eqflpirwill, furnishings, fixturcs, floor covering, It and cuerior Own;mal any other equirommt necessary for ffic proper opert,ALqj of 1'elmor's, huskicss. All fixtums., installed by 'Ferialill Aid! be new or compildely rccondifioned, 'I mlll xMH no do my corimmaims work orhistali miy c"Winmi mOom Arsl obtaining Landlord's 1,wrillcn approval and conscHl, Tetuan shall prew-ra to Landlord phins and specifications for such Nvork it the lime approval ns w, )ugk 1_aindlord r"crvcsthe tight before appirovirig, any such wwork, w rquirc Tenant to furnish Landlord with evidence salkhroory to Unditird of finomial arrangcments madc by imam to tunomply zany Air any, cork I'mal causes to be donee W or mi Me DaSsed Promises V IAWlmd spKu"s such vuork. Unnot nium. before emmorming smh work, present to Lwdlordl its bulk:lNg permit a" a6a as hoki flarmle" mad indcrunificlibn letter and pmaf of hatlflhand vicirkrnot's compens'alion insurance frcou TmantS !recused and Msumd L%nlractoc Any alurmious or changes in Me L)ejrj iselerntS.except only more and officc furniture ,I Pronise,,,and at 11 additions,Amurnar Wpms enj and Amum Knelt sloth he readily removable wvithout injut) to Ort preirdws, sMU he and mmWn as pan of 01Cpre""'Ses at the expiralkin ofthis lxwvc- 11. MIECHANIC'S IAVNSt Should any weAsincA hens or other hens In filed agarint the lkmkcd Prwidws or any part thereof for any mason %ha"ocvcr by mason of TenmiCs ays or ornis.sions c)r because of as cWto against knant, Tumni alkali cause Me same in be can"led and disaupd of rmord by bond or oman nine with W tWe(51 days afternol ic by Until lord,f ai hire to have wal hen dhdwpd within said the period, sMH be deemed an cwm of dicpiuli enthing Laridilord WI remed ics at law and.as pnxiv uled in this I Aca,4c arising fronk sa id breach. L OPERATK)N OF BUSINESS: I'marn shidl: la) cunduo its bivalo;s, in the mfire Dcrnkcd Prvrnlrs'c,sa(b)remain open For budness duHng cusaoniary bivsiness days and hours for Sad! hu56ucss in the ch) or trade area vdwrc the Simpping Center is located and shall ronitin open %vith restiViA tan in,cs or olieng mw closing for such da)s,, nyMs and hounms MmIl he lerpured by Landlord: (cl adequately staff its Uwe %hh MAkkin crntdoecN to handle the nowirmun business and carry sufficicut stock or Knochandise of such size_ character and qualily to amompliA the sann; (dt madmaw d6plilys of mcrchmdke in the dkIttay da(josys, ifluqAcq kmp the display *dritkins ad sigin, if my, "vH lighted during die boom Rom wndumn to 12 inidnOght; (F) kccp the Deiriked Premises and emerior and interior r,,,x:u=fious of viandow,'i, dom,_,, and aH other ghm or Ante WS Kwnm in as WHIL clean,sanitary and%,are coudh4n:Q)warchotme, swre or stock only such goods. (ke,Avl tl�flxfl f1161141 LC, 3`et ant OHM M 6 cards. and inerchini d tsc as I on art i i it wrids tai offer for sa I c at retati I (hp nen IN vr saAicit business nor disiribmuc advertising inmatter in the parking or smilor conirt I o it areas`.. t i) not Palace any wei glit upo,n the flo4m which shall exceed 75 pounds per square rcrok of floor space Covered, 14usiness rnachinc,,, and tir",hanical oilusimmit shall he placed and ulairnained hry Tenant at TcnanCs expense in settings sufficient in, L,andlord's judgincw to absorb Bind pro%jen,l vibration, ricoise and -Nay, before definquency all municipal, colilil)%Or State taxes arrnokance,� (It bc,respon-sublo fc�lr and I aswsscd during the ter'ni of this l-ease against an) lvasthold untcrcs'[ or personal property ot'anY kind,owited by Or placed in Or about the Dernived Promises by the Tenantor agains'n Terlant",ruse of the Dernised Premises and Pennant shall save harroless and inderminify I mridIcird frorml wn� penaltiesfitim costs, cxpcnsoi, far daturges resulting frorn failure to do so: (k) if the, Derriised Premises sl ould becorne infested wlilri vermin,at Unant's,"pense,cause the same to he exterminated float ritne to finat No slue. smisfaction Of Landlord and shall cniploy such extennitrators and such exterminating company or compallics as ;hall be approved hy Lantilord: it),not use of sallow officrq to uw, the wnuer and vwavh closers arid Other plumbing 11bourcs hor art% purl osc other than 'those whicls they wore designed or cnowncted, and no sweepings'. rubbish, rags,acids,or Re substances shall be dellx:isued fliercltr im)have ptuwcst in-side the[kmrsed Premiscs,upt,4%delivery.,all tnercharidist. Ix-ixes, furniture, oc.. (il) ktvp the front and rear exteriors of the preritiscs -wept and fif0c Of an's Merchandise. boxes,, furniture, retrisw, Cob"QbsL and dchn's at all times"(o)place all gartoige only hiside ng alone(S �knsidc Of SUCh C'�)iljjnr jer"�_(P) coritaurms and hins,arid ocit allow any garbagm to be standi VC III)cmisedPrenilwws contatimi as grease anal)1aud lU-,KXL S401C shall t ie revulady cleano'i hy, "Cenant uothcmise the lAoulkitcl will perfiNnn or cluise to be 1,-wrtim-nied wch cleaning at Tenam's exltenw,plus fiflecit(15%) perccut of the cos,,c and(q) Fciraru shall hire an externirnatol,gi its ow-ri expense on a rnonflity basii,, t) Ij. LAW&,WASTE.,OR NUMANCE cliant shall,til its ov,11 Coa st nd expense: (xi, otmoply with all governincrual taws,,ordinanw,,(mlers..and retnikifions affecting the Demixed Prcmises,now in force or which hereafter may 1m; in 'force, iticluding, but nv,tt finitted to ADA mquirmefitv relating to imsy improsvolenti b", Tenant to tire Dwm6sed Preirlisos durrall the-1 cm,tbl corript% wrib,and exec rov all rules, r0quiroments,and regulations ofthc Board offirt I Indlemruers.Landlorits imoNranct and othet orgarlizatumlis establishing Iriswarnantce rAWK arid(c)not sufler, I:vnnil-or clorrunul any wmste,unreasonAlk rla'Aiww, drs'lurbartce or nu isame whaisocsw cin said Priemiso", dearf"lerstal 141 valrlw (:q annoying toodVer 'I'criants or io the neighbors. 14. SIGNS,AWNINGS,AND CANOPIES-.I'cnwwt shall h(M allutch ans Signs,avrunp-S,(W cafw,wPrcns to the prcoriscs, or place any lettering on the plate glass Windows,. unless, catch signs. 4AII41 Well fctrcrupc ig, be (4a t� � kind, ,characicr aird dcseripwin to be approved in writing by the Landlotd, in the interest of having a ornform system ofivnering ariddisplas signson;alloftht-oores mathe hijilding (if s4litch Ore Dernim-.d Prernists are a 1part. I cnant shall wominain roma y such signs or other lumallarrms as may be approved in girtod coii&6on and repair- All extenor signs must be approved by the governmental body having jurisdiction over iiisne, after Landlord's wriatcri approval ks obtained, Tenmu vlmll have sixty i6fl)days fi-out the &aw or mcupancy to creci a sigir, at Tenant's AUIC COS"' wid expensk,in acwidaucc with said crilena- is. REPAMS. lAndkird shall keep the c.-oevica orof and emerrot walls Of the buildrog stn which die Demised F'rtrnv'so'are situated, in good reptim Tenant shall give io Landliird sts,cr,(7) days' ssritten notice ofany riceded repm4s,, I-andlord shall haL c a reawriable timc thereafter to make lhetma tsmvided, however.thin Aould such danjulic he occasioned by an act of the I enact,its hcensces an&lor invuet,, the Landlord shall aisurne no fifiancial ruslususibilits, for repair jjjcrel,,o, Landlord 1'cnant shrill be, rts ponsible or such Jmnia c� ty rC aitsujjjn@ 1cur J'Cjr iarri, its ensployets licensee%and-'or invit"s, may, be repaired by LandlmA and the cost thercofshall he reimbursed by 'lenant upott the earlier of tett t,10)days' wri'lleo nolice Or the VIOXI Tnountly rental due datc,. Said expenics sbaIl be doemcd Additional Reaf,and subject to all other pt0visiOINS Of this LeAse relating NO said Additionid Rvnl1-andlord has no obligation for ropairs of any kind, riniurc or description except as sPe6ficajjy st filffil jWj`CinL TINCTC shall, be no sewIT againsi pisyLinvur Of re fl,i for it it y ren can ep re se lu a t 10 ns Of Cwwvcnalus by the Landkwd as it), inc penalised Prcnii-,cs shall he enforceable to, flicTeiiiint in the inanfter PrCscribed by lam. I he relinsol to pay torn shall be a breach of the Lease and'imPt an scion' Tcriarn shall, at its ossm com and expense, take good care ofarid, make, nects-",r) repairs,situctural alrid inhermisc, No the iracrior,offfic Demised Prom[isci,, Olud die flxturvs and equifinicat therein and 3PPMrjcjr,,Nrjcc-s thereto, including the exterior arid inittlo'r vkmdo%s's, doors, and enrtartccs, store fronts, signs, showc,asesl floor cover-ings. interior walli, ccibunalts' and pallitions; and lighting Iwrittrng, plumbing ammi sckkagc facilities, electric equipliscrit, and ,At "nidifioning"juipmem, Tllv Tenwa shall, throughout the C'ertu of the I eaNst,cobtarn and inaintain an air conditioning inainuenanec conmad svidr,a liccrist%]and insured contparty smisfaciory so Landlardlca o regular inainteriance for its air wrldilioning unit, A copy(ifirle contract and rcnewah,013H be provk deliver No Landk)rd %ilhin, too l It)) days ON'tire cx,ccLeast And oil Citch antil%crsArsufion of this Laird lm Mwaf)1,11di'm 4 ifiereaflex, AH INIn1%ul-lbe 4urrior ofthe Mmised Prermses shall he painled or othel,wisc decorated by 1criant periodically as deternlincd by I-Andlord, W LESSEE.'S FAIL URF,TO RF PA IR- [ArTallord its rquired to tr4ake exterior ani strrue'tura l,repair-,by rusiscat nt l'euaaat`s negligent let's,Or lunkslOns" Landlord ,hall hive the right, but shall not be obfigared, to nia W, sajch rej,,wohr, on khalfo f and mIr the j all wrdnrjjj,��JrawI'we charge Of I i%of the cost of tliccourn to Elie Tenant, Arry,such repairs sit al al i*�mbjcct r, the work to he Iscrtoktailed. In sitch event, such ixork, shal$ be Paid for by tireTeirant as, Adjitional Rent promptly upon rc-ccipr of a bifl flunrcktr. 17. UTILITY CHARGES: l,tracdord shall not be liable in the c%rcm of art), interrulifion in the surely of any utilities. Tenarn, agnews that it %ifll not insiall any eqUipinCirn which will] cxcecd ear by fellaul Ao overload the capacity tit'tiny utility fircilifies and what if tiny equipment installed "ll l require additional utility faCil it ic", the stune sjjm I IV,jasfaH od at 1'enant',,,expense to accordance wid'i plans andspecifications to tv approved in wcrking by Landlord. Tenant ,hall be solety,r"qrrInsible for and shalt prcuupily pay all charges for use and consumption for scvvcr, water. as, Mcphor've, cicclrick�A,gwil-bage,or any other wflos, senrocs, Should Landlord elect to swwPf)j)L art) unfit) services„ ice, which 1-andlotJ is expressly not rejuned to fornkh hereunder, Tenant tigvecs to purchase and pay for the same as additional rent at the applicable rates chatpeel by fliv utility company, furniqhing the errant shalt pay for u1s, Own water meter. -'ecunity deposit for sarric and arary tape Ort pi cs.rassc.sstrar ruts len ied by the wmer(stwor til hoy company or anN other aulhorily, Thc-ic 01811 be p aid by Tcnatvt to Landlord upcin exccwicln of this [,ease, Or ii the arnount is not kn own at the Inne orexecutpon, this amclunt shall be, paid irninediately upon Landlord preqensing I ctiant wilb 41 vtaateun int. Failure to pay k,nhm rive (3) days shall constitute a default under this 1,easc and Landlord stuill have all rights mid rcrnedics under this Lett*c wind under the fruwvs of tire`state ami`f1ilt-lova Ninvviihmanding anything in this Paragraph 16 lo the contrary, In w1dilional to Hase Rent and such anther'Additional Rent as provided by this Lease.Tenant--&W pay,on a rtionthly hvasis with all Rcrn, fl,W".0 nit ofS NONE, for water seryiccs,Tenant has own water meter,with Ch Of Boynton Bcaclw. I& RrAL USTATE,TAXESANSU RANCE'PREMIUMS, (a) Deflaition. Landlord sin ail pany or cause to be paid all reat estate taxes (as hereinafter dcfirved,p assessed ),I-imposed upon the Shopping Ccracr property in w1kh the Detniwid Pf,wrjjji.WSi 1'erru. As a ora Haas are CoIrrIttined N4hich become dire (It payrdile during the L,easc Section, the term 'real es,tate taxes" shall tirean and include all real estate taxes. public and govctrimenuill charges and asseisincilis,including all extraosdinary or special or assessn'lleffis agairlst any cal'f,andlord',s twersonal prwqwcriy or hereafter krcatcd at the Shopping Center.all cost,$ and fee,mcurred by Landlord in coritc-sung or negolialing with Public authorities 4[.,andlord haNing, the irde asmrotirN to conduct such a contest Or enter inio sarch ne-g-olialions")as tit llwy of tile sallic and all sc�.vcr amid either taxes and charges,, but shall not include, taxes on T , cnant's ruachincry, equipment. inventory cr Other ficrs,onal Prkq)eMy Or aNCIS of 1'enant. lenatu k-qgrvcing to tray all trex®r, urA,)11 Or attributable kosch excluded prielrerty);vrlhout aprxm4mintent,lo9dhd,(rsttkl 11n:itmuranct pivininnis Vor all insurances maintained b,v 1,4vidlord.dlorifna rhe ferm of this Lcze, (b) Teamal's Sharv. Tenant shall pay To 1—andlorif, as Addiltional Rent, its f1roponiOnatc Aware of all jjrICTeaSe, an feral estate taxe-,s and insurance preniiurn�., tqwn the Slr(,i,pphrg Center property over and above the taxes and insurance prvniiurns for thus,basc year of 2021 saltich become due of payable duritr,!y the [,case farm, such proporimirtile share to he prorated for periods at the bc1giniting and cird of the 1,casc fcrrrw which do not cottstituic full calendar jumiths or years, Fen arn'*prtIportianalc share ofany such taxes ltnWor nlsrlwarcc,shajjj he that olion vdtich bears the sarne ratio it) tbe total real estate taxes and rimirance pi-cmiurn"', out the Shopping Center as the Store f-foor Area bears 14) the rentable t1cKir area oil the Shopping ('enter (hereinafter called "'Rentable I-Irlor Area"i as reftheCornmenectnent Date or the farst das,of ffic,,calendar year in which such taxes are due or ptryable,Tenant's current proportionale sham 6 2-iMto the event of c"tsion oT cawnwracfion uwf tire rentable Owwor ama Of the Slicj)puig Center. said proixtrinwriate Audl may k adjusted by f.,and lo rd u ficni pritor wri nen notice it) I en ail 1, (c) Payment by 'Fearmt. Tertams �,,htuv of real c,,osic taxes as Cala ulwacd In Section 16(b)above Muth be paid in callrad motobly itaktallarnerntx eanrtnnnennerrr %%ill) the Date, in tuts runt initially csfirrialied by the Landlord, such inmellment being,due on the Is day Of eaCtr full or Partial asornh ofeach full orparlial caloidarycard"ring the Lease perm, Such monthly insialhuctui ,hall increase or decrease also notice front l,.tuwdlord goen after the trotuat of anticipated amounts Of real estare ilixes due or payalste in a particular calendar ycwn-are delct-litincd, Following the close of each full or partial calendar year during tire 1,case'I erne"d)e actual atuourtl I L.,,i nd I ord (Jo�an INWITLI Pbxa k"L( Terrain, of real "rare saxes due or payable Wfll be Qomposed by 11aOdkird and any excess paid byv reinaw during mach calendar year cover time actual tunount VcToull obligated, w pay hcrentildcr shall be credited if) Tonaw, and witilln thirty (30) days after %Nrimn notice from Landlord any d6wiency owed shall be$)aid by Tenant, 19. MAINTENANCE OF COMMON AREAS�All c0ruflklou AIVAsand other fixi-difies insir aboulthe Shojrpinp Center provided by Lwidlord shall be sub,lev to The exclusive control and managerrient of Landlord, Landlord-diall have tile r1 ha to ccmstruct, tnaiwain and operate h#htinl; ; and other facilities on all saiid areas and nuprcovcnicntsK to change the area,level, ["afion,and ol'parking arcas and other hicillties,to build rnu�iiqsory par in fscifiiiei,to rc-strict parking by 1enants, Etteiron-wers-mvins,arij en%ployees,.to close all or any portion of said arva4 ol,facilities to salvit extent as may be legally sufficiera to prevent dcdTcaikw,n Thereof or The accrual of any Eight to an)-person or the public 1hererw its close lernporavily all or any ix)r6oin of the parking area-, or factlitics sk-,) discourage non-custonter parking. Landlord shall operate and inainwirt Tile Coul"110fi fACifitiC!, Tn such rnanner as I-andlord in ivs discretion sh,all dewrlinine, and Landlordl shall have fuli right and authottly To vvspkny and divx,%artrc all W, 4ontret with respect thcrem). Landlord at Tentrat's exp eow to he paid by 6M shall maintain all areas of the including by not Ihnited to parkin la at vp r inainterviucc., I igfuut&rog.A.gutters, bald",-ape,s%Larer charges,efectric. 20, 1 N SU WA N CT (a) By Landlord. Landlord shall carry p,ublic liability lt�urancc on those portions of The Com mon Arcas heli esd Tit the Shopp hig(",ell Tel providing Coverage against I iabi lI i Iv for btedi ly i rn urs, IWuduq demb and persotEall irkiury, and property datitage. %6ndslorm and fload insurance in arnounts deemed advisable by Landlord, "rhe, f-enaru shall be re.spunsible for and pay its, proportionate charas w,defined. in Paragraph 17 ofvc)€;afaw. increvises in LantikirkYs insurance over and above the arrNounis nt The hase year yap 202 1, bt By Tvisat. Temunt agrws to carry. public liabifify jr,lSurance on the j)CrrjjS 'Cd plVal i�W' during the LvErw I'crrn,covering the Tenant and naming the Landlord as an, addiltorlal insured will't le"Its and conipanics, s4mkfaetory to Laitdlordibr firnits cifnim lm,than One Million(S1,C)E00,000,00) Dollar-,,Cor Wallis, irilury, including death and personal in.lary for any one t l l occurrence, proll,crty darug,C Insurance rcor rt corvlti4ted single limit of Five Hundred fhousand f$,500,000,00)Dollar, Tenant's insurance will include contraclual liability eoverage recogniAng this Leaw, products arid complete d aperations liabiht,),and providing That,t'arid4md air(! Tonaint shLl'kil l given a minimurn of sixty f60)days'svirillen notice by the risuranct company prior to termination or change in insurance. fetrant also:,agree%to carry insuantec against fire and such other risks TTN are from tirne to little required by L,andlord., including, but not hmiled io, a mandard "All Rkik" pofiC prrqwrty insurance protecting agaurst all JIIjSk of' phi srcal loss or damage, including without limitation, iqirinkler IeAage coNwage and plate glass insurimcc covering all plate glass ui the Demised premrses(including slore, rrolws), in Tonounts nor leis than tire actual co"'I" covering all of 1'eviani's viterciukruftsv, trade fixtures. furnishIng. wall Co%rettl1g, flinkjf Co%,Cf' cm-prfing. drapes, equipurem, unit all items ol'per-wrtal propon), ofTenant located on or within the Dowkised Premises, Tcnant shall provide Landlord at Landlord's request wnh cu tics of The poficrc,s rir ccr6ficates of inswaricc evidencing that such insuraocc is in foll fern and effect and canting the terno; thereof The sithinutun limits of the ciornpl-chensive general livability policy of insurance shall in no way, limit or diminisli Tenant's liability sel forth litlosk kinder this Section and shall he suhico to increase al any Elam, and from thric To tinic, rf Landlord in the excrcove 4')fiq,,S rC,sISro,n4ib,tcjutigii,neittsltalI deefn same necessary for adequase prolevlkui, Within dirrt) (30)da)LS after dernand fficreror by Landlord,Tenant Mall fornish Landlord vofll evidcnce That)kWIT(ICInalrd furs been o4-niplicii vkiffi Notwiffisianding the aho%e-lTIVIErioned public liabiI hty insurance Ix-thcy, lintir for Tenant, if let an dowos,or infendi to bring, posschs,use.store, Ir"as or dispose cif Hawardous Mata rival therein kfined)in or upon the prernis'es or Sht-)pjjlitlg Center, Landlord shall have the right To mquiry Tonilm to purchase additiorml public liability insurance, and-supply Landlord vviiih cerfiflcatcs,of insurance reflecting file additional, iaSUF3IWC, with coverTE, o gv f no less Than Five Million and no,'100 l$5,000,0,00,00) Dollar.,s and to purchase Enssrortmental Impairmclu fiabifiiy 6-ir,'urancc with coverage of no less than F0,c Million and ricV I O (S5,0400s(00.00)Dollars with a deductible of irri greaser tharil,iffy Thousand and no,1100(S50,0WOO)Dollars to insure that anything contarniumed with or bv the Hazardous ?vlaterral be remto-cd from the Demimol Prenw,,;es and,'or the Shopping Center,and That the Demised PrenfliTes,arid,'or the Shopping Center 1w. restowd to a clean,nem,aunwflve, b,cakhy, sanitary,and ru'pa-coniarninaied condilkhl, lamflord (X-C--Zfq I cnaw Irl Waiver. Landlord and4lr Landfard's agents and crirptoyov's, shall nor bit liahte 612, and Tenant waives;all claimi for, darnage. 1mcluding but ncli hi"ited to con%ceptemial darrotgcs, to person.propem or whero-ise, suslairved by 'J"Co"I'm of'any person churning through Tenmrs resulting frorm any fwcidenf or (recurrence in or upon! a"N Part of, including" but not finlited to, clainiq lsnr damages resulting from: ta)any Cquipment or appurreminccs,twcoming our rfl',,p,a,, (h)Landtflrd'i Initurr to keep any pam of the Shopping Cermet in rq);W,(Cl oksur) done or caused byV,41d. A',ate, or other natural eletlrenc. (d) arry defect in or failure of plumbing. treating or rin- conditioning e4irriparcol, electric nhirrng, or installation fficreckf, pas, water, and sicarn pipes, krarrs, porcircs, railing%. structure or vwatkways-, (e) hrokci glass (1) Orn: backing Up of WIV SCWCr Pipe Of deovirspout. (y) the bursting, leaking or turining of any tank, lub, %wdvoand, water closer, wasw pipe, or any oilwir pusc or tank in or upom or about the Demised Prensisei; Or I the escape of' Meant of fun walm (i) &mttr uln)n she Ocmiwd 11rcmises, tj--s the falling of any fix,wre, plwtcr or strrcco, (k)danragc to or loss by dicrt or orhcrssisc ol'Property of Tenant or others; (s)acts or ornissions of persons in the Donised Prendse-,,',other 1'entursks in tire Shopping ,!Ceincir,occupajus of nearbN my orher persons- and (m) any n of(")w1wers of ad I acern or . properties. or 4 1 Y Act or Ormssirl J configuous property, or of Landford, its agents or ej'jjpjoyLCCs' All property (if fenarm kept in the, Deralwd Preni-Isesk shall bc ml kept as Tenant's risk only and I-erram shall s,me Landlord Irmolcms, frmn clarms arising out ofdatuage to dw mifte, including subrogafion ckirlms by Teirrull's,InsLurknec carrier. td1 Tvnnno's Operation. 1'enant will not do or suffcr irs be done anyOung "hich wfll p L Is com nirerne I amflord's insurance pol w ics or prevent Land lord from procuring such insurance ,orIjCW in arnounts and corriparrici selumed Int, landlord, 11`anything done,(linitted to be done,oc suffered to lx- done bN Tenant im utK)n,or atx"mrl the Dcrntled Prermises shall carcase tile rates of aninsurance CrItcted or carried by Landsord rm P the Deta iNej Premises or gather property to be increawd bcs ond the regular rare from trurc to tinic applicable to tire- Dcttflsed 11or use for the purpose perudtieA under ihiiz Lcasc.or slich olber jxojlemy for the um or uses,madc t1wreof,T'cwtlu will pay the amount orsmCil incrica-W psrrmrplly Insist I jtrscjloefd'4k demand awW I andtord shal I base time right Jo cor'jecjtrey°%Ucjl C(mulitiov al 4"Clumil's expmseIn tht,event tfuri On Lease SO jwrnnitsand Tenant engage-in the prepwation of focA owd fm z- age hAs orengag mant shall im',ims]: cs in dw,use,, sane or%irmragc of inflarnmallic or winbustillk-material, re elventical emulguishing&A iom'appmved by the t;rrderwrirem 1.afaw,rratarrisrs and factory Nitnual Insurance Coinjuroy and the installation dreseof Amw tv approved by the approprhnc Went anihowny; Tenam-.1siall keep r �sI(R 0 , 1 as is wswd ul the Dervilised prernisc," Ucnant shall install"s cul-off devices(I'marmal aArd amomatiO. (C) Tenant shall indenirrify,save harmilei,and at Landlord"s,option, r1cfend Landlord, irs, agents, ernplckyersi,and nrorigagev, if-jIny,from and against mly arrd all fiability, Innis, claults. dtinands, darnage", cNPOns", fees, CoAs, fines, penaltres, miu%, proceedings, actions and CAllses ofacticul of any rand evtw kind and malum ariiiing or growing out of or irs awny way c4minmud%dil 'jCnaffl'$Use,("Llpancy,11marragement orconlrod of the Derniscd Prvnirs-es or Tenmrii'%operglion',,'.,conduct. rI Wfivifies in tile Shopping("es-OCT, (I:) INSURANCE-WATER DANI AG F: Insunwoe its he c4,wered by'I enant 1,as per parj,r _Qf1pfi N)shall include,but not be-firnued to,all waler darnap to convents an&or lx�nrs'vrwl 1,mopetiN of dre'Fenwrt,This rule iN speo,filu'llt),pfortrulgatcd to prorw Femun in the oent of reK)I".caks as wall as offier water dmrrursre, 21. ININDENINITY: Tenant shAll inJerrunf), Landh)rd and save Landlord h=ilcss from any and all suns, aCUO"S, damages, hability, arld cxpense-i ofavy kind cwlaat wee, in cormodi(mi with the loss of'life, NAR) or personal rnuo), of4ray occurverwc in,upon,or an or firorn the Nnn isviJ llremiws m the occulmincy or use ki,,, Tenaru of said prerltows or`any rMT thercol, or(vcasioned vs,holl"y or In part by 41'ny act or("drussron of-I emus,its agents,conrynctors,emptmycesi,wrvns-ltt'invirecN,liceffrwCs or Lanalkwd- its agents and cnrployoe,,:, including the Nido"alks and common areas and facilities whithin the Shropirrig Comer devellrPITIC11L (a) Tenant shall store, irs property mn and shall meupy the, Derni sod Premises and all other poemons of the Shropin"g,Center as irs own risk,and mleascs Landlcwd, ren(be firH ement ix"iimod bV tasv frau all churns ofevr^ kind resulting in losis of life,personal or txorfi IY i sruiry or property damagc� (b) I andlord shall nf,4 lc reqxinsible or liable at any firic for any loss or damage to T'eruuv'-,i nrerchandisc or equipment.fixtums or other personal pmrwrty of to morns or to'Fe.imm's busincs,,, (C) I,a,ndlord shall rim be. rxcsponsiblc or liable,to learn or to Ovasc clakning b,. ifin'xrgh or undertenam fi)r ans,loss for da,mnage to either the;pemon or proomy of'fenam that orray t)c ow000llcd by Ocvml Palm PI941 0 1 us I S-6 7 nor through the acts or oolo", ions offiersons cxcupyilig adjacent"Connecting or adJoNnIng prelums'es. (df TerwilkAlall in the NunNal Rrvau'W' s or in tire,Mall ding,(which tine t,knn iscil Prem ise-s are:as pari of tic fev s there i i i air i j i any fim u r car equipment; (e) In otse Landlord Oild I vidirout fautt on its j-4vt be madc sl pw) Io city I it ltrmkito cm,nnetwed by or awtim-ATionanor, hall protect, 4wlemn-6,and hold Landlord liartilless and Otall pay At costs, expensw,stand actual attorney's fees of Lindkord; M I-emant shall slur)pay,all eosoaa,vxPcnws lard actual anorney`s N"that nokv be irt"zUrrod" of paid by Landlord in enforcing die Nernis ofthis Lease, 21. VNVIRONMENTAL COVENANTS: (a) Vfrobi&k)as�I CuMll Shall M)N.'A rll'H)4u pfiof Written C009-011 Of 1,4111010l'of f,i) stake or lterrn ii to tv trade,my uw of the Domisoml Pmnbics or any portion I hercof oibicit emirs,or petfnits the emisiroo ofan unreawaabic aintmint ofchw,itvieepings.dirt..citiders,funics of ctrk-ws into dwe irtnlasqJitrcrc,the ground or an),I-lody all'a'wa cr,wficther natural or act itic ial(ircc I litli rig,dwo"! streatim,takes, damns.canafi--,,or flood confrol chantook).of w%hivlo cinivs,m pl.'"N'lit",the cu'livskml of dust,sweepings,dim,ciralers,flums,aur cidors,into the artirojohere, the ground or any boidy, of ovater. -ids -,aitrol whether nawral or artificial (incluck rivers.�treanls, lakics, put ,dlmnls,catials,or flocA c( chatanC15)which is ill Oolaflcol or any fedco-A state or kicat IANv,offittlinance,cruler,rule,regulation,code or any anther goverilnic"Acd restriction k)-,r mquivertlent-, tit) permit any wvinele ort the Demis(d Premiscs of tile Shopping Center which crnits, exhaust ivhiclr,is in violtakon cd-amly 1i:dcl-aL state or local law,oTdinance,order,ruts,retaliation,cocte ot"my offer governinental reqfictian of requiverticon, (in) civate. or pcifnit to be floated, any sacrad presmire, or decibel level wNbicll %vill late fere will"(110 4ruCl crVOyniont of any real prcspertsa lay any'°t or tvicupancy of the Shopping - ('enter, oc which will emme a noistince of vicAare mly fiederal.state or toel filiV,OrdlinaMIC,Order.nmlv,regulatron, CAAC ow,altv ollwer governmentAll restriction or tik"t Trallsmil- mceive, or pcmul to Ito irlalsouncirl or rcceii,cd amr), nik-rorisavc,or other radiation winell is luumful or hazardous No an),twrsc al of property in,or,Of AK-An the Donitsed Premises or the Shopping Cc-titer, ryt which Knowriews )x+iofr the caporanA;li of any clectrical. clectronic, t6cphom, or other LNuipment, whereNvu hxAM(l. whohcr on the rkinisod 1"Irerniscs or the Shopping Center or oil any pirt-)r"y adjacrou,thereto; (v) create or pernwit lvjW,mated,any grriund N ibration flult is d6ocern ibit ttutsitk-the UX-litiscd Promises; (vi) produce or pentin to be,lima rtaecsf touV nftuWlight,IrTC, Of 1101ll 0XCopt wv hin,an crick-ised or screvned area and ffrom(,xrflr, ill SUCh 111,1VItler Ifill the ghtfe,fight,Am hem itruiH ma he discernible outside the Dern ised Prejni,,-vs, (1,01 flazardous Material. Terrant Miall not, %illkout the prior written consent of 1,andlord, causcor pernlik, kwl sving ly or u:Ilk nowovxgly,ffliv I M at cri a l(here ill after do li tied I to Ite bmught cw remain anima-, kc uwd, dun,,cluargod, leaked or enlitter], in or about, or cremated at the Dcalised Irmllbcs or Ow Shopping Center, As mwJ it,, sjjj,s J,easc, 1 la�ivrdotta, MaleriA100" shm H mucan an 'to� I ch 10 ,y hazardous asialetial, to or radioactive submance, mawriaL uIRMT Of WIAS Al i i r becotorcs rtgulrued by L say federal, som or local law,ordimittef%oAct ( . ntle,ro,ulatit-Vit, oaf aranN other govwunclit,at re-mlictaanaa of rquirvirlestr, intol jilurt] include asixmos. t"trolcurn products and the rernil"L llltai4mious Submance'and"llazArdons Wame'as deem in tile f<,autart vfitctls1%,c Fivin:niniental Responw— Cnitificov"alion and I"Jabifity Act ("CERCLA"), trim arrocilclod. 42 USC, 0601, et wq_ the Resource Conservation and Recxtwery Ad("RCRA"), it,, aivictiricd, 42 6901 et seq. To obtaiii Landlorid's Coll-i,cm.I enalm:,,hall prepare art"Ermirontnelmal Audit'for IL'Afldlov<l's revie"v,at"Tcoarn'ssole cost and "fwnsc� Such Audrt shalt: inclridvt (1) the of each flwar&,mts Matedal and a Material Safery Data Street ("%MSDS,,) as required 11 y the Ciccup4wional Safegy and l(call Act; r2) the viAume proitiosed No bv "svd, slorcd an&iit treated at one Dcmisc-d Pteniiscs (monkhly r, 00 the purposcot'such Iffliardous Mateiial;(4)the prurlosied on-Immilli of the priVoied off-pm-rmse,%cisme`- almmily; arid(6)all ernergeiio, preparedness tAsn in the c,i,cnl of a rclemse,Additionally,the l ruwtuatrnrncntaml Audit shall,inclucie copies of all ii lent,state wid local pannitq Landtard cletalt Palm,,114wz 1 11, ATenant ix.— 6)1 OR 19,1) !or related ti.,r the propos,I iow%~;toragcor treliftnetl I est ar IN'I fimirdow;Maleirritt(sli'm the I kaliscd Plan kit wi,Tel l urn shard I subrnit a ne%v 1-11 liv i to l nia ental A ud i I%s,knev or it proposes,to u sv,store-rye I reat a new lia'?,arrAjous, materi'M as time DvnOstd Pruniiies,or when tirr voltunt cofoxisting lWardaus Materials to be ustd,stored im,urvmeel at the Dernised ptemisscs inmascs by to (,10)tivrvent dulling any rhrFt5 p0 day peiickl,111-andlord hi,its reaso-nahlejudgmcra findsille,Favirummuenud Audit accqualitc,Own LAndlord shalt tjCjj%,Cr to fernall, mt, Notsslthsujoxfing such conami- LandloiNJ ram's revoke its tandlord's N&riurco conse conscla orkmv(I)Tenant's I'll fluretoren-min ill fu I I Cornphance A ith applicable ermimninernal pennits an(Var any othict requironcrtts under tory L redelal,stale or local law,oraltuahce.ordvi-, rule,regubtfion,code m axry� s otrwgo r vcrunicnial restriction (,w nimpuremcmi (including but not fillitled to time Co"rPu,L'i,arehO ' Compensation and Liabilay Act A'), as anieridod, 42 LtSC, %01 cl cisq-,rclatod, IfCua to crivironmentifl safety, Inuman health, or"emphivev salely); (2)rein in t,s bosilmrs's Operation's rxmw or potentially rx)%e a trutnan health risk ten aher I vitants,or(.1j,the"I"enai'vt expands as use,storage.of tmatnlem ofamy 1-fivardous klatetiah.,,) in a ulalvwr incousistem vvnh the safe orwilaroo of the Shopping, Corner, Shotild Landtord con sem in avifingto tenant Waging,usin-,strmring"or uleming mnN,1ho"ardour,marcrial(s) in or upon the Dernkscd prcituses,or the Stsopping Center.'Ienanu qkhall sorioly k,qsca�and adlicretis any and all feijeral. state (tr hxal lmk, km'dinaaree. order, ulule, reg gulation, codes of ant' imher govelnuinclital vmIrictions or rick"Juirc-incrits (naclusiling but nor Busked to tile Compre-honske I'livirmancrital Rosrxillsv, Compensaflon and Liabilifly Act ("CURCLA'1 &N anitnidcd. 42 lJSC. WM of W(I tile Resoruct Carrs a armad,cM,42tLSx- 6,901 c9�,,cq-which in any%vaN ro-gulatt, 411 Kilt and Rocovcry Act CRCRX'),as govern iit rropact -tenant's po*semsion, use, sloragc" nvanx-nit or dispciof of Razardous Nlffleriakq In addition, Tenant herchs represents and%varrams to I-Andlord lbas-1 j I)"lionam simll apply for and innnitull in contplilmlce swish ally arid all festeral, state or IOC31 laN% pernlits. in regaM to l4wardolaN Materials, t2) I'viant shall report u")fuj) aymd s Y all applij:,arde authoruio',anN release ofrierk.irtabic quantmc,4 of army I lazardous Niateirialls)as Ten purrs*-m by any and all fedetW,,late or local laws,cirdinanves,otdors,raylm regulations,codes or aivy oflier gomernmemal resp ictions or requiteatems-,Cl)'fcruum,within five(51,days of rocoipt.detail se(14 to Landlord a copy ofally notice,order, i 11,4qxvi ion rquitt,or other d(scurn cul issued kv ally gusenimcnial mutharily rorevant to the Tenant's cornplimice status wifli enviumunental or kalith and "arets, lau-,,, al'id (4) I'Amant shall ren-ve from the LXotisv%J Prvuli.w4s all ligthirtsous \Jarerriafstai the tevat i na t Non of thc I.easc, In addition lo.Wed in no way firnifing, J'oiraj it's duties and oblipAiit-m,,,as set f6rih in this Scofion 23,s0iould Tenant brmh any of its duties and klbh-vurona as ,,,ct fcaih in this Section or dries I,casv, or if rbc C, prcstince c1fany jiluardom,%j4ncvjaj(sl(in the rk-mised jr,rernk-es results in contamination ofthe Deturwd protruSv a a T II)e Sfroppifig('enter,orlmny land(Aher than the Shoppi pig Crluer.the ati'mosphtm ,or -11N, u�le on the [N-asi-wd Prvlm ises or of the Sh cipping or walf-mav(including ground water),or Cerner by any I lazardous, Maxorinl(s)oftrejAsrse ocacurs for which 'I cnaut is othclivi"a: teg'ally liable,rove u 's Land1lord kir damages resulling therefrom'.Terraill shall Wrernm salojaorrljC_s arjkj,atLandlord opt ion and m6th anorneys appro%*J in writing by Uandlord, defend land[ord and its contsuctors, agents, mp kiyees.partneirs,afficeri, directors and ntortgagoes, if an),,. frorn may, and all claims, dcnurndsg drant ges, cxP-onses, focs, costs, fines, pcitalfies,suits, clio �C ,us- causes ofaction and ti carr and ever), kind and nature(rinc luding "Ohout dilminaltju ill value ofthe Dernism'l Prennsts, ar the Shopping Cerilm dAusaggs fur loss or resirriclion rill use elf the rentable of ioaable space of ofany amenity,ofthe Demised Prerni,sei tst she Shopping Center. dirtuages,arising ftor" any '!WN,M- impact oil rtmAicting �qxflcv ill the Shopping Cenw, and surns pound in ctfpcerrt mit of clalms and fisr aticancy", IM, consultant foes,and expcn fees,vOtich sylay itdw during of affer the Lease rcrat ov aunt' cxrCnm(,,r,n fliereof I'll is I tic ludo"'A itho ul bill ruition,ex"Sts and cxpen ses,i acurrod ill alcm vee 0 i oil wide atky invemi"flon of sato elmicluions or any elvvivi all, reruedull,V0771PAIlt,Of WStoultion,work required b,,y any Material, -%late or kxQI governmental agency, or poluical subdMsion bto;ausc of the presence Of Hazardous Marefig(s)On or aliout the Lkinised Promises lir the Shtypping Ceqft%Or NNAUSC Otth-c prescaux of rhizardom" Slateriabs)any"ll,cry else which carne or otherwise,en'"inaled frcirn Telmil 4:,,,T tile IX-mised Promises, Without finsiting the forvgoing, if the prvwricc of 4oky Hazardous Malefiatl(,i,,)011 e,"r alicim the Dcmiwd Prerilkes or the Shopping Centm Tenant shall, at its sole cost and expcnsc, prormptlN, take alt acrioni and oxIlense as are nccesiao to return the 1--millsod Prentisos,fincb`or time ShoppP1,19 F 10 tile introduction()fajj)L �rclaIr mdous %latcrrat(s)to dw,Ex-mised ('enter No the,com'dition exislilig � Prvrinw-s or the Shopping Ccnter.proN,idficdhowever,that Landlord's appl-o%,al of witch ant lkmis shall be firm rola arine d in"'TiOng, 23. DESTRUCTION:Mile Ukruiscd pror"i-xi shall be partially damaged by any casualty in'surahlic under the Landlordj .'s Q'Ur oco, policy, Land[ord, shall, up, I ju rcsc,�pl of the insurt,%twe proceed,,,,, repair a�V saam with reammiminis sin ood,and par post and PlYllxiluma oc pan ofthe rent shall be ahated taut ilw- rcrut)UN't I ho oblip'llion ref"I'Arld- lord herva.mider Ouill bc Inuited to the basic bui Ildhip"more front irold Tile replacement ofanN interior work orry-inalIN installed by I-andlord, 1-uTthemuirc., Landlord shall only Ise obfigAlCd lO fuake SUdt rqmirs urxmi!receipt cJr a,, rvnii cs unaice plc)eteds. If more than filly (50,1vi,)per coal of the Devoiscd 1' s Lanrflord OccLin NM MI mA I 1A AAd era oat IM' A-6 9 shall be rvndcTed tenwitable car should be dantaged as as result of at dA "166 is rot vxwcrej hN, I andiorXs ins urErnec,or if fifty(54A,6)per cera uT tuore of the rentable sma ofthe Shoppiny (.enter shall be damaged or els struyed b,. fire ot"thercause,nr,fwwdthsr ruutfmtt that the 11cmised Premises nray be urtaffiecud by such event, trx4i or in suvii events, Landlind may elect to,ref*dEr the dartiagv ov may cauccl this lease vk,khin ninety 001 djNIS ofsaul cvturmna by u-P lenant.and falaut shall Aacaw the i3ernowd Premises. Temmi's habilir- y for rratt upon the termnination of this lease shall cease as of ilac day rciticming fileevvitl ordartiage.U'nlesiN this Leaw isi terminated hy LaiNdk,,od,Ten aunt sluall hold the prow.-eed's of all insurance carried lyv.rim a(on its property and improvernenti in ttiva for the pu".w of repair anti Ev,placeinenr, In the event Landlord elects to m1rair(he damage.aivy Emarcirvirt of rent shad eind five(5), days after notice by Landlord tch"Fenani that the Mmisvid Prerni-sts have becu repaired, Irany damage is cArised by the negligence or-fcnaru,or its employes,the danaages shal I he repaired by Landk*td, uIx)n tile reccipt ofifiv nasitrance pros"vdv,but There shal I be no abawinew cif tviiL 24. CONDEMNATION, (a) Tovd:Ifilic whole or the Drinised Pivinises shall beacquited tar taken by cnirnervi domain for any famfic or quasi-public utworpurpowthen this 1-,case wd the is un hercin shall ce-ase amid inamtriatc as of the dracorf fide vC,%Iing in stwb proce'ding, (b) Partial 11-an) past ofific- Dcmisci Prciausys shaf] tv taken as afiw%aid,amid such riailial taking shall tender Oral fA)rmus not so taken unsuirahle tor ft Nisines's of fere ant,than dais LewW arld the tern lir rein shall turno'naw as Aarv-said-lf',iuch partial taking is not extewdvc cnougti io tender the prenOses, urrsitimble fcq the larsinc%s of'fenairt. then this Ltase shall eauntiraic in effeel except dial the reill shail be rerlucW in the satire prupeynion that the flocq-aiva or the Dernised Premises taken bears to the oTiguud flovot area demisved and ha boated shaft. U'POU r&Clpi Of the AWard in condontnation, rnAc all nircestiary reparrow aftet-tions mo,the building'Nit vkItidi tire DernisAud Prerrike-,are loesied so its to wmshwte the pcvrtuml of hip building taunt taken as conripletc archilectural unit,but such work Oiall naw'"xced the qwor aW the work to he drive.by Landlord in k:wiginally ernistruding Said building, nor shall Landford in any everai be required to spend for such%%ork Eni antourn in cxctss of the amount received by Laudloid as dwriages for the jiml of' the I-xAniscd Prenikes to be IAem "Anworin rec&,v4 by Landlord" And] nicanE Chat Baal( of the award of conderrinatimi, which is fire and clear to Landkird of aris cAvvikEn by, ruongiglbr the value of the dintinklied fev�, (C) If iriore than twenty (201,1,a I per cert(of the flexor area C]Lf the buil(fing in which the Dentisied Prianiscs are locakod shall Ix taken is itforcsaid, Landitwd may,by written notice to Tenant,1011,11mare This lxww,such ionumalion to Iv effective as,atbrvlard°; (d) irthis i.caw is tcTmirtated as provided m thispainurrMpfr,the rent sball be paid up to tire day V Owl fx1swssirom rix sir taken by public autboruy arid Landlord shall make an equitable rtfuvvd of any wit Imid by Tenaw in advatircc (e) Awar& letrunit shall Ericit he entitled to aud cxprcssJ% )wakes aft claim to seely covidenniation award fior auy takingwhekher in%hole or pinnal„nW,and Nrliether liar diminution in value of the leasvbold or , it to the ftv althq:iugh,Ternani-,![)all have tile Tn;ht,to the eklent that the'aiue shirill nor reduce l,aqdlair d`q award,w claim frorn the condernner, for not front Landlord such cojut'vosaarra as inas,Ewe ire rue��ksl by Teriant in 4sown right kit damage to Tarant's business,llxlurcs and huproven'ttirus installed by I enarit at its cxpervw. 2 W DEFAULT: (A) I f,1 era ran finis to pay away m Evial at r other pay incrit due rwroun 1"Jef or%Alxqk its failure To perfib ME i any other(i f the It"I'v;of this Lka-twe to K,-o bsery CA or fwfivni ed by I*Cwtain on its part,04 if T CI ia"I dl a I i fail tea a)awe i n i cp dose;p rej n i wt,and to Corn Eli cric U the:Corld"et n r I is busitir ss ou i lie adnate so feirth in Partigniph 4 herw for it"]enan I shall aban(Jon said.PrCmi%es(which abawkinownt shal I be presumed if Tetuwai is CkI swd for 30 days)or if Tcruwt sivid I beconle.hankrIW4 or 41MANVaL or file in),) deluor ronwcedings or take or have taken against Tenant in any court pursuant to any staunc 60wr of dw Unked States or ofany State a peti 6 o n in bat i krulwy,or i wo Iv erwy or Cour rco rgani:I YA t to n or for i he appo i n I rn eng aaf as rox i e C r o r inisice 0'a fl ot a p<Ertion of the Tenant's property, or it'Tviain rrEakos Eissigntnetu foor the benefit of crednors,or pefilions for or enter-,mu)an ari-Eungernem,or Naffers,this Lease to be taken wider Any writ of execution or artac"hillew or if this Lease shall pass to oy devolve LJJNIII, by lam or one othew Than the few"It except as,hercin, pro-,,ided, ibeirt, in any one ckT intwe of sear=ch everus, i andkiird Enay d"i to declare die cinive real for the hedartcc of the term.or any p due and payable or^n the oplicill of the Land lord, this I,casc mid the terin thereunder shal I tei-minine and coi,ne to an end on the dale specified in such noficv oil'saancclluatacan, and Tcriant .9haH 4tuli and stinvitdot the Demised l"Orrotises to b-ar dlorj as it the trurt Inn-cmidcr ended lis the eqnuiictrt of clic hire fixed herein,tint I en ont slial I renlai'n ha ble as herchlafior provrdvd'E (b) Landlord shall have the Valnediale right to re-enter and may remove all jxmons and' Properly froill tier;Dolli-Sod I'mmkws and such properly oury 1 millwNed and mored in a public warehouse or cisc-r0cre al thecost ofi and ftwtht atecutn I k OrTcnafaat I aiduain service awl rssficv yet assort ko l opal pf ess (all of winch I"eriaal expnns-sly vsaiscs)and Isilhoul boing, devned guilt) of ircspass,or Isecoating liable Cor Any $ovs or darnage ohich may be cwcas6iojed lhowby, Landk5rd shall have a heil for Orc paynilovo of all swans 4 !rocd to be paid by"k,"naut frovin Uixin all 1"enam's,propvnya vvb0l,is in addition to Landlordos licca now cw thai maN hereafter bc prov ided Icy It,"!;, IN) Should Landlord elect to re-crater or should it take possession pursuant to legal proceedings or pursisant to any nofico pr%,tvided lay law,it may make such afrenations laid relloirs as may be nivessAiTy in order i(i rvltl lite pernises', mid refer said pretylises Qt aji� part fliercof for strch term or terms(wh[ch may fm for a term extending beykqld the term of this.Lcasc)and at such rcritill-,',11041 urOn Nuch tithvi terms and corutitions as Lanciiiaxi in its sA>Io discretion, laffir devo) adviiablic; wagon each such relening all rentak mctived by Lasidlord Irian stash Felelling"'Amail he applied.fast, to the poyllient ol'aily mdehiesirm-,s o4her than wnt dal hereunder frow Tenant to LandkisxL,,wcond,to dw pa's1nent of�mny'.oslx andi expenses of'such ockiting, including brae lera rze f.-,es mid atlorrroy's fees,and it)o,)isiN of4uch alti-ratiOns and refiairs;Orr at to the pray stetter of lent drw and unpaid trenctinder, If stich rernals roeeivod froiln such tvkniiiig during any munth be lass than that to lic paid dnring dutt morale by I onatil hereunder, 1-cliant-Atat I pa��, any V such dcricktiq y to LmAcnA Such deficiency sihal!Ix calculated and paid monthly, LalidisiAd rum, recover from Tenarn all dillatages it may incin,by r"' ""on r'if Terman I's dtfitult, including the cost of recovering the leased prelnivses,rcaswnalllc at14r)rncN,'s foes, arid including tile Ikolih at the Oine of'such wilitination,. of excess, if an), of the aincmin of rens and charges quJi,akai to rent rrscrs oil In in i-;; knL&L, tat the rvalamck-T of'rhe slated Terni over tire than reasonablio retual value ref the J)tjjjiwd pwnns*,--s lbr the wmaindar ol'ific slated terata,all M'I-bich anIOUT11h ShAll he ignilIC(lialety dim and p.y able from'Icnarn w Landlord: (dp In the CVCllt 1,41FOON]CfMrllftrrsos xiy procm-dings for pova%asslon m4lor non-payment of real.or additional tent, Cenaal will trot niNcriio%c any Ckarnlwwlanra Of whatever mature or dewfirlion 61 all) sareh jimcoLdirigs, fbais shall team,hovvevcr.be crinstrued as as ssnivei-a41'cnanft q right to Asuwn such claims- ata any separate action brotlght twy jer"mr,", (0 Tenaxil,Ircrehy cxpre-v0s, wai%'cs any and all rights(if(Velerntition granted by or under ans, paysero or Rivure 11-isIx in,the c%ein drat IN nartt licnig evicted,or drsfsts'stssod for aim caiaset or in lite e%clit 4 Lailkilord oblairrull;posw-s"Sicas Oftlic fklused by rcason of the vnilation by 1,Can"I ofaway ctf the prok rskxrs,of this Leaser or otherwise. Iph In the event ol'a breach or threatened breach by Tenam of on), provi,,dim or this Leasc, Landlord shall have dic right of ilrjunciion as iforher renitAles%vere not provided for h-ercin: 0.") The rights rIllioditt- given K) landlowd lo till-, 111,eaw are dislinct, -A-panoc slid curnulawc wine dies,MIld the CXC`4`ei1A-Orany ,wiftern slud] not tx-decinod to exclude Landkavl's right to exercisc anN and all mile"-. (h) Neither The.ctimnicnernient 4,,jf agry,wc600 or procccdrng su-if wiflianent dicnof or tilre'ring of jusiNnient thetvin-judl liar Landlord frour trringiril';%ubwmjcnj actions or proccedin gs frolli Time to tirre, pip Noloillisranding anyOung in flUSLINIAIL 1(1 010 COntlary.Landlord rescrkesall tighgs vvbich the laws ofille State ofFlOndit confer npon a Landlord againo a Team%in del`alt` (j) I Priciest cm p4rm dric ob hgafi-cwns Ali'., .,arnorml due fromTemmt to Landlord hereunder which is no4 paid when dov shad beat interest at lite hitzhe',t lc6,,M rAre front the date duc unu I r4tid,miless o4herivisc proi1dod herein.but the payniont fil'such nnorc�J&JIajj nLjl CXCase tar care arflv def'sull hs Tenant aider Baas I xnrwd, M ACCESSTO PREHISES: 1,atikiloW shall ltrvc[he right to p p a i r a I I at il i ty jace,maininin and re vNl t l j lit it onit o t aay k i n d i i 1,4 k IN-Va and U(IdOr OW M"M i Sed PrCirl ises as"I an l6e t wN'o'ssary ky die vory ic i I t g,0f t h C 17cillistX1 Prernju-s and other Txnrnons(l]-the Shopiling Ctuter,LAridtoiri,shall akw have flie right to enter lite. Delaiied 11'rerniscs al all firnes ttr inspect or to exhibn tire sallic to prosliee6ve purchasors, niollgagws, "Tenant sand'Tenams and to rtake such repairs,additions,altervarlS Or jjtrP(CjsrCm'era"its Landlci,ftj n1a)de re desirable. I'AuJord shall be allowLA to take all alaternil In.to mid idion said lira-s iw' s Oral im,'ky he ra'OlrW fliereficyr%Aisliout the same constrinling Oil oviclioll of Tellant in whole or in 1xiii and the rents reserved shall in no wise abate while -'said NNort is in progress 1)), fe&%al of loss or nnetrilpriou of Fen."U'a's bkt'inc'�,s or olherwkw and Tcoarn shall have no cia6l,for damages,If Tenant sliall nal he peronalb;pre-'Icni,to ficrillik an orary into said piremises k0cn fiv arly rea'sOn all entm divreja shall be ponnissil'te"Landlord, mas enter NarTit Ckenm Not 11W—a LIA, I canal 0$0 1 a,t, by a master key or by the rvic offoroe r4rshout rendmvig LandlQrd I nibtc tfrcrTefor and voidioui in any nianner aflecinig the obfigafions of this, Leaw- Lite provisions of thus Paragntph 4roll in lio, wivc 1w.CorlstruLd so inificiw upon Landlord any oblip,, tionwhatick-,ver 6,v the raftintenance or repair app the building of arAN part shcreof"Cept as othemisc herein sjxcifically provided, During tile six(61)nionths prior to thug explSWUM) ofjbiS Lease oran), renewal term.1—indlord n'tay place upcm the said pm ices"Lro Lei",1 or Real',or 1.'or Srsic"iispl's which'I'Onwit shall pernia to rell-larn Overcoll. 27. SUBORDINATION:'I crutnt a- -s that it will sabordiriatc its rights hem,unJcr to aie lien orruns= tdreatt y1ge,grx"wrid leaaw. .or any otd o her mesheffinforckl;(,' ia refinancing novo or hervarph tes, a the he land andc"or the Min ised Prernives ardor any mid all of the bf6lkftnsgs nou or lad reaficir built tit to be halts ill jile Sjjopping Center by,1.,an<llord to any and all Lwivances rnadt or to be,ni adc thereun-der anst to ik ratcrcm dwreon,and all renewals,rephtcerncnls,txnivolidations and PArtignaph ,Jialf be self- opentsive and no finfiNer towstroancat ut'subcrduration will 1w nequired, 28. ATTORNMVNTr ferram shall ill tile event any proceedings we brouglil lir the foreclosure cal:. - xtgagv mrinste by,Landlovd covering snised or in Viv event of cxerciw of Ow tx)vocr fif�W,c under wwy rno ,the tX Prlfnlises.attests to tile puschascr and woognize su-Ji livirciritsci as Laridlord under [his Lcase. 9. I '0 -f-feritins, shaff fifffrnpil) cmviste and deliver to Landlord -irleb 2AL—I10'F,,Nr_IN-EACT- nuarumcnis to evidence the inicni,of Pangirnisks 41, 27,28 and $2. tenant hereby appoints L,andlillrd as trtrrratttdry in«fztct for 1'enaw with lull fiovwr and ainbority to exevute and deliver such 6ist.rurnents for and in the nate e of1criant,if seven(77 idayes aftcr rhe date of a Awritum rtNuest by Eandlord tidy defivvisAlch irrsisviNnoraslTermin shall not hm,cexeculvd she saffle.I andlord xllay cancel this Least Wilbrud inctirring liability kin accoarit kbeivo'and(lie terns hereby granted is exprci-ql,,, firniied accortfing,ly, 30. QUIET ENJOYMENT.Terrain, upon pati ing the writs and 1,witibrining till Drilla ten"s on iti poet to be perf'oryned,shall peaceably and,tirsictly cluoy the Derniwd pteali,,o-subject,ifevcrtneless,it,the terms orthis lease and to assy rnortgne,givnifid lease tx agrocnicin,,to kv,hich file Lease is subordituved, 31, FORCE MAJITURE: Landlord shall 'be excused for the perki d of nN. delay in tile perforniance of any obliga6orrs, hereunder when, presented front doing, st) hy cause c4 causes bevond Landford's control which shall inchide" wflb(n.rt firrimian, all hibor distmAtes. civil war-like operakions, inva,6on,rebellion,hostilifics,fnifitar-sor usurlsed p0"Vf,sabolagr, go raiment reg uamidine or controls, fire or or1wr casualty. inability to obtain any, material. w- I'vice; or finatic,ing or through acts of'6cui, 32. END OF'ITIM A[file expiration ofshisr feast=,, lesu'lia ANall surrvnder tfic IX-ini-,AA Prenwiscs ior Ore sante civoshfisfn as it w", in utxal defivLry,of tww'session the do under this LvAisc% wear mid tear excepted. mid shall deliver all keys and combination hxks, sMics and %,tulis to L,andlord, Before suffeadeting said[welilises, Ycisani shall relative all its personal pro1wrly. trade fixture-s, alterations addiflt,firs, and decorations, and shall repair, as its sole cost and expense, any d,,,vnkuc cauwrid thereby. fenant's,obfigamoss to perf6srin this prov k4-,ai shall_sur-vivc the end ofthe Ictrii Lease. If fe'virlift fails so ffcnriove its prop en'.v uix)n expiration of this Lease,the said prope,n),shall be deemed abarr&,3ned and shall beconte the pfc^-av of Landlord, 31 HOLDING OVER.,Ally holding over by fewilini alter Ole"piralron offlnS,101111 of ari%I reoekv,a[ term %hit)be constnivd to be a w"ancy frotif rnotaft lo tnoryth and shall iarrirmaulu ctely ent'lle'the Landlord qK) reccivor double tile rronthly rent froln ferlani cornarcircin vvith t1m:dale of"pinfic'm of tile in is iAl tcrin Or any renewal serni(,--w an) exicositm%dicreofmall sludl otherskiw be on the terms and oondnior,,,herein sIvIcificti so,far as applicable 34ANTI-WAIVER. FaH"rc of Lanfilvird so insist upon the skrlcz performance of any provision, terns, condiinux or Qownivit of this Lei se, or ray excreisc airy optiorl, or anSr rules and regulations shall olherpw0sion, tenni,coirdifleon.covenant,option,mile or regulation herein containcd. the reccips,by I and lord o r ren i wifli ver of such breach, No knowicidge of she breach ofanN provishfit ol'ilius J,,eqr, sludI thaathe dwried a vvai provision offfle, 1xiew shall be docined to have been yaaiNcd uniess %reb %,4ai%,cr be in wrising signed by L,andlord,No ix-tyrsent hy'Fewrant. accepsance b% Landhcmdor receipt by,Landlord of at lesser aniount titarl the niondfly rent due shall be decoicd io he a wmet or any 1weccrfing larvath by Tenant uj arjy ion, teen,oonditioss,ell's,enwrit,opiiort,nde(it tegulaiioil ofthis Lease and slraH not be decored, or Constnices 10 bV other fluall oil account of[lie Carl ic"'t tent thele unpaid sag .Jlat I any, cridorstifieni of 1.1alein 011 on ally chock rmid safisfirclioLurat,aneleffer r A_CCorn parry ing rails Ile deerned all accord wid an) check or pavinent as,ra Lan&wd to ay acceint iuch check(,)r pavrilelli v&ithout prejudice to Landlord's fight sun rcco%tv the balance of Landlord (komh l"Ahn eaarit 12 sreb flan or puma c any other menti dy in this Laise jamwided,and no waivor by Landlord in tesfsecl No hilt lnarn Ala]I con"'Ailtiry 41"div et in fit-sta-of any ritheT 1"etrun.in dw Shot)ping Center, 35. N OT I C CS A inricitt cvj dern arni,requ eq 4 tr o4 her ifrians mn t w eh i c It may he or rtre required 10 be 9i v vi turder t h i s I Ctw shall be de I i;,,cred i n tvrs(Pri. fiosud by the Land lor d or 0%ai gew eat the I)efftkA Prcmkc-a, posted in as conspicuous place it div Ocrnr�,OLA Premises, or sent by States ('ertifte-J, or Revi"'Itred Mail, rAymage fir"r1„and shall k�addre-sse-cL (a)if 10 Landkirti at 169,54)jog,Roold (Suile a I 011 i Uxflvay Heach Florida,33446 and(b)if to I owint.al the 1krniscd Vlrcmi,es, I and1carvi mmy frorn thne In time deadgnalc ano"aher atk1mv,%,whicf%deNignation Oiall Isc given by,lstirgen notice tetTctvtrn. 36. RECORIMING; Tenant &hall not record this Lease or as incriltmviduni dipercof01hout the written oonsent of Laridlord, 37, TUME; 'I Hoc as (if the c*wtwc of this Agre "ente'lLn anj] this applic ts to all Nvrnvs, cove"Mili and conditions contatitned,heirvin, 3M. PAMIAL INVALtDITY. tf auvy [woviskxi of dns, Lctisc cr allidiswitin itterur'Toan% I v A p rson of ctrvitinsumcr And I No ant'emcal te drsafnL,Ove renrankler offlnLi ILeItSC(7]t the lipPhs"IV600 OfStrdf pivwrsiolt to tvrsons or circumstances other than than as to lNitkA if is bald im afid sirall nen Ease affected lhvtvb,.y and each proNtmon of this Leaw shall N:valid and enlorced,in the fulkNI exteni leer minted,by hfvv. 39. BROKER'S COMMISSIONS: foriant mpfesents and iAarranis that tnere am no clauns for twok,crage cornmisqious or finder's,fees in connectiort with the esectmort of this L,eanw,except as listed. and agrees in inkinnif), Landlord agallivsa and#told it hArnfle-m,limit all liabilities arnung fn," any such claim,inciogfing cclst 4,11,counw]tees,exec o as foltoays-, 40. PROVt:SIONS BtN])IN(,-,,ETC.:Pjwvpl w odrenvise exprw,s Isprovided,all pn>Isious herein "hall be binding ultial and silwil inure to benclit ol'the parlics,ItuAr icgal rqxresentanv". socv-"ors and ass i 8,11 S,Lach pf o v i s i on Io hc performed ll y'It,rvan,1,ihall be,con struod to be bath it coverutrit and a cou dit iort, and if there shall tic more dian tfue'Fcnant,m4- s y shall all bye 1%,,mod,jointly and wwfahy,tv) these pi-ovisior- in are event ofany solo oftand,building or this Leaw—or ofs Leis t o0he Shvqipmg Center.Landtord shal i be entirely odreved ofall obligation-s hercunderr 41. ENTIRE AGREEMENT, El"C,: this and the Exhibit,,,, Addendir and Riders, it ans, attached, set 6"4111 Ote, CnrifC aj cut betwoen dw parties Any prior conversations or wirkings are merged herein and cNfifigvished,No smbsequent amendrilew No this I,ctvsc shallhe binding tqumt Landicyrd or fcnaurt urilteis reduced tat awraaaanp and sig art cipflon for ik Fkfnised Premises',And becornes cf$`octrwC a ("It%' arc airs eseenlrOn And deli'vefs thereon by Lrandlord rrp'renaffi,It'any pwwiskan ClArwirred in a rider is ineuxivigstctil nith tire t:rringed Provision of this Lease, the pf(WiSi011 Ct'Allained in ward ridef Owall sulw—tsedc said printed provision- 'llic catrkiorvs, headtfigs,trurnbers-and indexilpilettring1wervin am inwrted avenot Arnericled- to define,hrnit,conisurtv air des ri1the scorik-or intern ofany paragraph.nor in in way aflevl!this Lta,%',c. 42. RULE'S AND RECULATIONS.- (a) I'eninn argrees as follows i. All hviding ofgcxids shaft he donconly at such firric, ire tfic,areAs,and throa Om the entrivi7ce designated lb'r ;UCII Purlso- 'Ate.by 1,andlotut ir Pte del jwLery' ,)r sjmpjng sutTlics and fixtures anti l-roin the Vreniiws shall Ise sutneo to sueb rules arid myukmom�a-;; in five itad aruc.na of the Landlord are nccews urs bn- lite proper olwalirbri of the Pivoikc,, or Shopping("CRICTL in. All Omrbagc and wfifse shall he deIN)s4ed in the kind apt conlainer,,,pecified by L-andlind, and dwill he placed outside of the Prem tss--s lbr colla: ion in the nianner and at life finies find places spj,'cifieXi ba' l.nanndVa slumll provide.All boxes are it)he wipe iled flat bvilore placing in the dwropster marked "cardboard tefly", NN Laridiord tkvwl f"O'l Pkera t` 1criant 13 w, No radio or tabs i:sion or c4her sanrlar devise v113H he histafled N1,OHM first otnaining in each in-Adrice lite l-_afojjoir� mit inwrifing,Noacrral or dish 1%comw stodt Iw ermied on,div nx,4or tmcrioir wal Is rl f dw,Prena iws,or on the gmntnds. without, in cath insian'",flic written cx-mtsent of1he Landlowd, Any aerildi or drsh sas installed orth wch written consent rvoty be reirtrovvA by L-an4lord at an:v titme aRvA Landlordshall imm he bauble rur swdo tvitil"will. No louRd s1vakers, rcte%siumvi,phonographs, radiris or cithcr dev+,,,,v,., liati tic used in a rtrannet,sD as to be heard ot-cera otmsadc of the Vrectiw%, without pri,of wN fluen consent of the Ltrodford, R_dc areas inwicdimel vi, 'I lie oum y adjoi tint;the Premises shill be kept clean wroll free froin dirt and rubbish by the jenlint to itic tusfactar to of lite Landlord,, and 'I criant shall not phlice or ix-rinit any oIssiruc6(,,uN or merchandiw in such areas,award"ootiduci amix, business therefrom ii. The Tenant Ina), not chang<tw1wher by afteturicirs, Rebuilding, or cmhcrwki e)the,cmerkw color and/or arclidecturld treatittent ofihe PremkC., of o f the Shopp R rigCenler n wart the same are,located wW atu pram lltcaa r f, vin, The Tenant shall keep the plivinksm Which kicludei die Storckmit vitindows and doors. clean and ftioe from refuse, rfin. rubbi.0%and garhapt Within flic [Inerlikes,athe Feraq Shall not install arts r)LpOfsJ(Rnjj "Iltnter, of othe T typcs t"n' ,wCul-irt measures, in the door or window arms of ups Mmefront without Ow LanelHord's prior written ccaots real.,. The Tenant num Main and marrilain in effect ajl fici inits and licen'WIN moceso,ary for tire o1wraluji,of lite feliant',s busitwoo,m herein proi,WM, X. 11W "Vellant alrrte% 1har Ow LaudlonI shall luive RIK: right to prohibit the ccmvinucd use by the frilant of any unerhical or unfair medliod of busine"s operation, adscrifisigrg-, car interior lfistitity, if, in the Landkiird's a�Tinnmr, the Con ' prium ion,of the S h(TO 119 Ccu ter as,aflnaue�j kj,,"O jjjeret�f-ALloRld impair the ve deNirrable phwe ui shop or as othenvisr our of harmony wOr the gencral chirracter thevexaf' arid upan noli" forts the. I,andmt & lite "Tcliarn shall fortirwith refHin front or diiscofflinLiC SUChItCfll,nlCS xi I'lic termint shidl no blurn anN, trash oir garbap of any, 1A 6id art and Axort lbe pmriliw' s of Shopping Grilter. X It, 'I Como agprocsthat it*indl Riot propoperi or kwk eqwn in Place nscxtvrjordoc,ls, 1 raualcs s first appwwrw ed in wxriving by Landlortt vii i i, the Terwo-mr, shall at all finics ritaintain an litlo%juime number of suitable fire exiingorshem on its Vivalkes tas per lite loeld Fire code)f'or,usc lin the caw, of t(X-All AM, inCluding clecitical or chemic3l ,Jv Ow Tenant agrees that die Landiolrd may design ale specific ar&R% ill which velsicle, av�ucd or orw.alvd hy ils cmplk,ayves nimst Maria, and may, if found necessary for the oCparkmg h�tr custarners, probihn,the parkint,", o(such vehicles in any part of flaw;ck"int on area ML lite ea siftal I lie no overnighl patking of an),vehicle fat any reason whavAtesvt am)Nhert on the Shopring Center, Vehicle-,found in OcAmion t4this rule are suilicct to itc hig ill%%ed at the e'xp enst: xviflirg there shall be nocilnmncrcrlil vehivics,parkis] in the parking areaN of 111C Shopping Centler, CxC'LT_1 in Otcysv, ucas desigrimed ley Landlard for such vornmercial volnOm xvii, Icinainl arld lcnmnl's cinployces shall Imtrk fl-icir vchicle6i only ill those Landlord 1,01ant 14 portioosofth,cparltink vamdesqg ,�ag M ivired givirri firtic to linic by I-junflord for ,rich portioses, 'Fenrint shMI further Landlord with State amonitibile license nunthcn; assigned to Terulat [a Cultiloyce-� wunin five days after kint; pqo'sm"a'%'kul of tile Prcmiscs and shall fliereitfict vicallS, the Imidloid of an). C'hajj_g'j-,',,%q"djrkjr fu'e( ,-5)tIay%after cagui&c- &occur, In the event that the fenainn fw its employees quill rail to park their Nviucic(o in the deNignawd parkmi; =as as atorrsaid,the,the Umd1or(l,at ass opdcwushall charge TheTelmy,"t One Hundred: I' liar (Sl(g),010)per day or panint'll da per velucic parked in any area other than thaw designated, as and ror agred and hquiditted ckimagc, Tenant hereby agmes that it stall park u, vchicles and lite vchicics of its Critiploveo,only at tile fear ofibe Shopping Center ot ar the farthest parking in front tifille Shopping Ceiner or%khere Lavidlord shall rrawilably requesi. v,iu Thc Iflunnhun;facilities jigil iwit,tie used for any other p4sqxic,that for which they aura; witmarcierL aud no forciwi solistance 4,11'any kind stwidl he thrown therein,and the expenses of avlN tuvakage.stoppage,,ordauwge wsulfl"g froni I vialinum tit his proviiion shall tv home bN 'I'ciumi who shafl, or vd1ow, emplo)evs,agcnts or uivircv,sbisli have caused mtow- XjX' 1ILCuant "ilhal'i keel) Itte I'leruiscs free fircan noises oq' ot1ars olrojvctionabtv to the public,the wnarms or to the Landlord, xx, Teromi. shall uw, at I"t4rann's cost, such pcNi exiefluination confoacrOf as Landlord inaaw dire arid such intervals as[Andlard may requite, xx i, lenaln shall keep the overheati sign Murnitiatcd frvint 5-10 p.m, to midnight Elastent anti from 630p.ru,to 11cart ind,6@01 Faste"I Ila ylighk saw irrgtc'T'rrttw:. fa I adlord reserves the nglit, fit.vu finite to tinic.,it)srvrqwnda aniond of-supplerneol the fortgoing, Rults and Regulations, adort and promulgate addificutal Ru" and Regulations appficabic to tile prCruis'es, Notice of siucll Rules allId Regulations and annoldirtents and vuppievuvuk- 111civto, It any, Audi bw gkvil to the Tenant, otherwise stated in the Rules and Regulalions,trawl-cornplulnee with any of these Rwdv� and Regulianons shall tv consudercd a delaull under Itus Lease' or Landlord magi, at Landlord's opfion.,charge the, 1'enrutt a of 0irc llundrvd Dollars($1(M),00)pt"r dav, tor each infracrion of th V Rules and ItehUJAIRMIS, turtilartairat rrn�sdie infr%rclion4s), Charges as*osood hy Landlord undcy this,provokicin shall tv cons,&-iird Additional Rent and collectible in the,sante rnamwr as Rcivt°and the junj_13a�ujejjt of these charges,whvi due by I"cnain,shall bc a default htwunder C flie i1ell'ant irgrVC, 1t) Ckajjpty "ith all finriber rules mid mg rflaflons for the use and Occupancy Ofitle Laroilord,in its stale discreikin.,from little lo intie tLInailtit gales for die Nsi int reit Pjag(,CjuCfL 1 h Landlord shall ha%C ,I�)f the SNJII no fiz'tbifily Cor vintation kv any cher tenant oftive Shopping Cemer,of any rules and re undaitiauns. nor shall: such v itilatinil of the wwaai er flicretA Cxcwte tire 'I Onaril fruit] 43. RELOCATION: Landlord cq1tes-sly teservcs the rigIr ,lit during the,terru of thi�,,LcMc andY t I ojitrous� In ars-Afle coo and exporve, so resnovc the rijulat frialt the Premises,ard rclocifle die"Folant to SINOIC o4hCr' SPOCC Uf LauldlOrd's clues-sin of apilroxiraurciv d%,j: mune dimensitins amid size within tht sh,opping t;to "ifich othel,space shall N- improved by Landlord at Landlotil's espet,lsc� I entuir: shall have thtrty (30)days IrLun the flame of lanolovd's writicu nonce to aiecclit Ific Nutwjtuie prcmusts,and sluill niove within ninety(90,)days thereafter, Landkiol ni its dr-,erction inay UW, such rilatenaiN frorn tile exitihls Prvnliw, � or other rnirtetiali sxl [hat the Space, ILI vvinch I'viani is relocincd slizill lie, o'noporidilc to tile Pi-ciiii-ws trials which Tenaill is jviuo%cwj, Pnwided, lx,)vweker, that i'1,4140rd CWTVASCS it CIOVIkAl N) renn os e an rehiCau:lite"I'L Cnaht ill odrer space vrJuch is at dial time leasing out at a higher rate ofhme rent, I licnTenain shall not he mquired 10 Va)r the diflavoce h0vveca tile base raw ofthe Preaww' s,and ilic hip,ijef 1, Ilenaut M,irett haw in whics NoCaleij. If fl ,,removed mid reftwared in 4rny oiticT bp-cc M,'"t JC&S rhaji tiles sks n rhat farina.inc� whit'1r is then lva%Ang at a ba has&,rent then being charged foir the I'L'min i 'i Tenant's base retia shaH be ix-dwed it)JjLlv base rent then being Charited for the space in vs h!c1l Fenwu has herr retticared, Ihe klinintuin Raw Reat for the bahvace of ibe term of this Lease shall be adiuled to colwSwrol-ith the no-. -,quarc ftK)lage of lite Premises to which leritillk 114,,twevi tciucared, All othcT Landlord (X--ewt Uvh M;sta Tenant charges ba wJ uNict the square fixitilge Of die 1'1rculises sitall, fikcwkw be adjosuni H) the execut kcAn of'this Leaw, Tenant ackno%k ledges, the foregoing right of Landlilrd, mid no rights srantod lo, Tenant under this Letcw cind I be decaried or construed to have heon bleached or-Interfered%%ilh by tras,,)n of Landlord's exercise of its rights rLNrrvcd, in this, paragralih. 1-andlord's %,otc olfligation for costs mid expoises. of rcino%at and reloc,alwil of TOearn shallf I;* tho actual cogs or file phy,sicai rulo"ation and knirnweinew ld'the space in, which Tenlint is Mcicaled, tenant agmes Thai Landlord's excretw, of its election to remove and rckscate Yount shall ix-A terminate this Lease or reltcasc thc1cliwal,in wholcor in ag lent,frvirnba I ellan,IS- obfigailioll us pay the rents,and lierforni the covcrtmni and a ttwinewits,an the Lcasc for live full terill of this Lew "ircru-int shall w°§ tit flic I'l-cearl st-s upon teccipt of'4my(60)days .vnncn notice if LandloiM decides n)rcitiodeL alter,dernolish, well,Or Lcase all or part of ffic Prenlises, Further, fenarn shall cmNuIc,within fil:c15)dassof presentarnin thereof,, 44, PROP EWtY REDEVELOPMEN"I" Telttjjnt a rr rss tt chat landlord roa .but is under rxi obligation ul redeNclop the property- In the event landlord underiellses ,wch a redevelopment, fenarn acknowl,edgvs that the redrkelotirricTo process may doirula the nornkat blminess activaics col,rive ptopemy, Ternuit agrees to the 1111men%ioll ferr" 'MArico to any inconvenience, distutfurtwot or impact any succi rcdcselopnictrl may hMc uticar the Lcits'ed Premises and I'cnaru's orctation. 45, TERMINA41ON 01,LEASE-1 Notviffistanding atlything to;the coutrwry set 0srth he, win nips to lite Extension rcnn. LarldlWidl sitraill htjvc 11tv unikiteral right to terininaic the Lesise and-fcnarit'i rigcat llo, pomwision offlve L,vascd lircnriws.by providing tenant with nol ic"o,then oris 11`I yew prior written noirce specifying the dtshurtalt-d terminasion date ("Terillilunion Dwv-h, In the event tile Lezve is wroonated pursuant ill aniss"fion.die Lease-rcrill shall expirc(in flic data provided in the notice as ifthaM Nhwe lite date of,expi ration original I) provided ire flue t-tiisse- I criant %%ill winain I othle to Land Iord lyraall Imaymenk Obligations,under tiro".Lxitsv(incloding l"criant's obligation to insure the Leased PM-wui-L;csi accured through and hicluding the Lcivw,Terininatlon Ulsue, 46. ROOF PIERCING-N CrithCr L fenant nf,,ar any o(its,imcnis, lueera Or cnipla,yctts shall riclata Tanti or Pierce the re ok"ifthe Drolised Preinisies, Prelukres,theta Tenwaret Aralf assoille solc rcsp(misihilky,to repair mid pay for any roof Icak%whAls*x'vcr to the Nnnised Premi.scs and inchidnig but not firnned to,all adJoining bays,resulting trorri the above acts 01-1 dw roor area of time rlern isysL vo,all i sesThe fixi let retained by lenaro shall lie at)vro%1cd in advance by lite, Landicird io perfonn the wi-wk, 47. OP'll"JON TO RENEW: Pre-i(led thisLease irL ill go<x] standing and L I'enaxli is not in dellaull hereunder,Laxidlord hcrcbN gram,jo"renant die righL irriv ilegc and c0ion ofrxicisfifq;this I tase for NQN-'f,' i tenn)iternii)ofN(AE y°cars flotin the date or th c expi ration hercol", proi,idc(L that 'I ctiant shad gi%c Landlord%v ri ilien rn-a icc ofI cri int i's intention it)exticise ifle option not less than six f,6)winonflis prior to lite,ex Pont kxl of the initial lenrl All of tile terns,cov,criants and kxndil icirrs of this f xasw shall apply during any, mid all extended icirns of this Leaw- Ali adjustment of the annual rentals "ill apply and sbatl he increased by fi-05%,leri C[Il whictreNer is greater per yearokerurea prior year's total rental tuyinent. 4& EXCUI,Po'lTORV�Mum idistanding anything to the contrary pro%Wed in this I caw.if Landkird of any succosor in aiwesi ol"Landhard shall he an individual,joint iCjjfin r.lenturrey in eonjjrr,Nfl, firin or' g �%w gI ml cir liin ted,ora, undera land truss it rvsfxxM1cally understoi`A waled a n ted that ikic0mall he absolutely lwrp Irsional InAniny On the part of such individuat not on the part offlic I-flembers of such rinm patinciNhip orjohn Nelourve lvith respect to an),of the lernis,covolants,and coilditions of this Leaseawl the [crunu shall look sokly tit the equily of Lwidlord or such su"es-slir in interest it' the tion:OIL Shopping Center fret the safistac 1 each and every L reureby (effejlatn in then c%,caft cif array breach b Landlord of any of'lie twils, co%vilgals Or condificins of this J.casc tea be performed by L.mtdlord, such exculpation cApersonal liability to be absokitely and""Ahout Any excclAk)" 49 eluon but tettetflay-s,Vhcn due any mist liminal offixed tnintinutti. LATE PAYMEN't'FEE-,Mulidd 1" rcull,additional rent.1wrcentage reirix, or any other surn payable tet Landlord under,the icrors of T116[,case. Illen I andlim-d shall assess an achninistrilive ChArbow and collection fix,ofthc greater of,arl ,,,pcicclu,(101',10',) of tile flayllieln dcw (ir(b)'I wo flusual roit Full), IN-Alars($25,h,twd), which s4llni shall he deemed Addiflonal Rent,mid such fig shall lac paid by IlLenani to Landh,ptd 0irthriAhL Landlord,at its ofidan,inay sailltrUA 3aY such rant tweet that is,riot flaid 1"1,ot h 11 an., security t)crx�sn or prcqpxa�iwnt cld by 1-midlord pursuant to the nerins Inelicinn- 50. A`FTORNEVS FEES:In LhS,S,vent Landionj isreguirixt.in its sals, jL4.jhjoJulc d6cirlefictitt. to retain thumices of an Ott 2MLY-Avivorjo inshijuile legal vrocvedfnjX_tri jjihrct or in n to as of the Drata islray of I"s Jamestht", Mu—ch RISIDII.-" addition to such o[I %V11 he Landpord Occrin I'Mm Plazi ORMISAS 16 jecraw _gq shall) km, 29 1 or any and all attorneys' f,"s and mWtd jBar ts inturrW bLondlord,whtrlber suit be filed or -IrW ora rx1jare levek not,86iher the protial Inolak 51, CONSTRUCTION AND CHOICE OF LAW. 11e parties aprec that this'Lease scars j amst wtv pariv as,ointlY drafted and aegolt led atulq,4iou Id not ha.-exvistrucd by,a courl of la"ag the drafler thvwf,Ibis Leaw,Shall W govented and conslowd in accordance ih ith the Ltra s of I lie State of F lorida"as arnetided frorn trona it) thric. An,, cause of action arising under the iv'nns oflhi� Leaw shall lie In dre appnirnaw,qiaw or fe&-ral wort situmed in Rrowan.1 County,Florida„ $2. ENTRY AND INSPECI'IONt Landlord arid its sato-riiiLd refireswillarives shall have Ric hido to enter of the Proviws 411 all reasonable hours to I ns1xv Or tot making repairs,additions,or a lie ration-s', If Landlonj deenis,any rermin requiml to be niadc by"I'viatil necessary,it tam derrOuNd drat`I ruakc the relpairs,Promptly,iuld,if 1'enant refuses Or neglects to corarnerwe such mpairs and wmptcic them w4h mas(arable di""patch, Landlord rnay irtake or cause sirch mpairs to he made and studl ncit bc res'ponsMAC to Tenant fi"Tr any ki"i or dain atre that ntivy accrue to I I is stock air busirws%, Il"Urridlord makes or caww'..' sera refitsits to tv rnadc,I enjuit shall pay to L,,urdkrrrJ the cc)Lsi Ofthe repairs plus as$'A"Crify(NM)fwvcclu service Lairrilord only have ILasonwhIc access it) the Premises, for the purpose of exhibiling- the Prtirwises it, ' fifospLxtive fell ants and for pw')Sling leasing sign,,, ill. REAL ESTATE BROKE W Fcnant a-,artvdnv',and repre-Anas shin them is no real estate bA.,rker - invorather In this Lease cr than NONEaIid that It j'ynaot ha"� had no dcam� u l ,ith any other real estate bi-oher of all In connection"4h this Lease,and indki'vinifies Landkwd a;td M'uL Managing Agerm[ froul clano,for compensation firoul any t)jjjeI`JX-r%or1S felafing to[bis tICaSCL 5 54. ESTOPPEL CERTIFICATES. fcnattilL ogreC%at a") Brite,and froin firate to Bette,Upon not less than seven C,Ti days pri,ka,roofice by Lwidloid,to execute,acknowlesigv arid deliver to Landloni.a starctnew , in writing addressed to Landkird ourfik tan tfae jr,"qh,,,'jn,',ta)dun alias Lcase or way sotitcasc is unoxii,,,idificd and in Rill force ivid effect (or, if ftte haw been niod I ficas ikurs, that fliq am in full foroc and affect as niMified and stating the rnodifications).sisfing rhe dates to whitli the base rcpt-addifiovial rvirt and rather ehaqws ha%c txxn fg,64L (b) I"coato has accepted FAxssrssion of ille Dyrnis'"I lift"Ikor arid is frMsetifly occulpyixig the Preollses,(c)stating svhathev or not to the bi-sr,,t knosstedp ,,c of the signcr()f such certificate, there exists An), default 0), Larniford In the perforTnwwv ofarly Coverlant, 313'rCculcrit, lertil. JM)N inion Of condition continued in this 1-case-and if so,speciNing eircb swreb default, it being intended that en; �jtxb 'boldet or pros;pwwc holder Of arty nnovigaF swernent ToRy bw trfix'd upon kn'Landlord,by an, w allecting, the Shopping Center or by arty purchaser of the Shopryrri�Center-,aid,(d k are anther infannation tvasonabh, rc uosted 6, )urchaserL MOMIgtieft Or "Coant of the Center. Fenaw's fitflure o q y a prosps."ivc I I rv%pn�,nd to Landlord's request for It "winen "laqvil-c"i %%ithin the seven(7)day liviod;mentioned in this Proug -fenant under this Lease,and in such evcnt.'foutuil agrees st-aph shtill Constitute a taincrial defitult by to pay Landlord as Itituidated darriages tberef(sr (and in addition to all quitable reinctlits, available to I-midlord)an articaint eqrial to one hundsed fifty tind NXI00(S 150-0170 dull"am. ras additional rent. lict(,hvy for eirch day that fenant falls to delikvIr s4wb certificate to Landlord after the cxpirafion of'such sCvco amp day period AL11"HORITY TO EXECE: i0he fenant is a corporaflon, lintited hahifita cornpans, or partnership, each of ire pe ris estwuJing This- 1"Caw on lictralf of-I'vitan 1,covefla lit and Marrant than i"it remain[ is a drily authorized exisfing coqoraflorr, (6) lenarit ii quidified to do business in the State of 1;f arty frettan,has fitil right and audsonty to enter Into$his Leasc liv)Each this, Lease u,u behall"of fcoant is authori7ed to do si'.%and 4y) flus Lease,consintucs a ishd and lar ally binding Ohl ifarion of'Fenjrnk,cidbuceabiv In awvordjvivc wuh its 56, EYFECUIVE DATF,Subaflissionof tints instruinvit fi.-jr exantinafion does not ormnsfitnac an vl1er, right ofRant refLuLcal_rt--,ctiNaticrtls"fq.lr(,VtytitoiI Piviniscsin.on ofaN-Anl the Prentise,m Propeity,1-hk insiruritent slutil be bUrding utxni she partics hereto oisy upot'i the execufiork and defivet, �s by the 1,xvis to he bound and dhis insmitnew shall tic orne effective as, a tcasL on1v upon the execution and dclivery by'Nith Landlord and-froani, 57. WAIVER OFJURY TRIAL The frafties herby waive trial byJury in any action,prticeedin.ty ror couattricialim brought by wither of the parties hereto against the other or arty'matters whatsoever artiving our of or In anywaycourrecu-4 with this fw. the relationship of Lumllortl mad Tenant, Tenn a I's use or irctuponvy of the Deceased Preto 6es.arid)or ans,claim of injury or it amage ns Landlord ferrant I'M I 1)% 81. 17 5& RADON. !4Akja pj is _jjgj,,ffro J. e� �c�, Tyj, 9. OF C% Whhout hunifing the gencra,11 mMuirenfents undo, this Lease for I'mani loccmitiN %sr1h, applicable lAws, tO the extent applicable to Ticnan I an'Wor as opeculurnq-I crism ,,hall C'u'rnply, as atj fit m-gulations, prouriulgated by the Office of'Forcign Assets Control, 11cfmmiment of life Treamov), which ary appliolibletri 1crtma ot any mcuparn,of the Premisws',,,(4,f the International EmaWnick, Econonne Po%vers Act, 50 U,S-C, 1701 et sx-q-(iii)the I rading%vith dw F'�ncrny, Am 56 UXC App, I ct wq,, avid "Trunwiroas With Persons iv)she Septernber'214,20,01 FlIxecufiveOtdar 11kwkrn&,,Prorwily and Prohibiting Who ConstrutiL FlnValefl to or SUfforl fermaivl-niv 6C AIR CONDITIONING. jertant 4WI Iv vcArxm,tbtv for all, nuunterianze. rcljatlr-, and Tenant,al ds ov%n ecsl and expense,is required to have as Inaurteria"CC agreement In i'c).rcv during the entire taint o,')f iltirs, Lvase and any cijpKio-jr,"venant shall qnhprit fra exectned copy of mnd inanuenwice agreeniew to landlord within flurty, (30)days offlircf2cmurne-riccaart Dirivc,4this Lcaw. Tenan I agrecs dum the atim c-staw-J rnaintmance agnvirricrit shall he lum-cancelabit untiess ten(10)days, prior twitter notice is prw,ided to Landlord, 11te irminterrance agmernew mast include, A satwlaes suggested by the equipment Willsin the u,yatttlartt�ruua�lrtaaauaanrenumuird,and specific"HY-01311 include the iollo"n-ig g', It, NJ Ili fire nance I rispec t i(mis: K Maintenance to lrwlude� Condens-Atle corurol;Clean draim,hrw�and install algaic tablem Lubdealle all moving parts arid adjust Mitts), lkefrigerant chargc and c'ni jc%cl(O chcck� FlectricA wrinoctions timp ' it; and condensaig colis.;and vok) (,,"hcck equiptnent o1wration. S lk)tAtd I criant fail to OhMafft Sftduaaaalata tuaapunu agriL-enocrn, Landlimd shallhave file fight. bill -4 thus obfigainmi to olyranr-oid maintenance,aprim"'Cra('11-1 twhalf(11'the"Venaill at proaifing,relics wvd cluttge the rarest tsf sach triarntcrurnoc a' gm and 1-mvdlord'% administrative, ret. to renanjj, %xhi4ch shall be considered Addifimnal Ron,Icnant's Failure III cphtafn mid maintemanoc agreement avid vord all WftITa"niC% on the HVAC system(s)"Walned within this sico'k),ri of in this Least-Failure to pay Additimliall Rent wficn,due shall be consfidered,a delfifalt undcr this Lcmic, Istirdlord shall tv rtsjx)vWh1c f(,,)r any repairs it)the existing air condaim unit for m period art'(6)mon(fis from the ditic ofpclxs�sshxi. 61. Tire Cmimover Priec its les fv, &-hired as kiflvowc At the end elf catch kaw,;'ftt 0 2 T1,09,01 Wr',W) of the c-omfed temi hemi,f-,Of4my cmutsion or furrcvvid t[w immighly rcricd for t1w mw wic"Iding feaw. Ywshal I k.Incivamod by diciannual increavc in the Cr,,,n,,,'utwwr Prim,Index i"CPI-)ubelm is the Cm,"Ararae;r' Mce lnckx Fcw the mqcmv. 611'I-XVLOAV"lust PrVC04img,,,u4zh k-a-m-anni%crsar,year.-and tj,c-ijir,,4k(,"iv,is,oic ConsuincT Prke tod,"for DecembVT Ofific parer ismcs tcivw sv4n As used herelm C(I 1",taner P6Ct,Indo,-.hall rman and reft'r go that Lablc Fri the,("'mi-mmuct Price Index Published by Oro 1,Tmied vales D.-prinierm c3i'LaWir.Burezu of. Labor no",known as taw-ConsuancT Pit",lar&x"fisi all Urh,&n ConwincrS 4,lwvJc',%148y-1 84 - 1001 If ha]11 be 6 scs,,vi in uct,i hen air),sjw,ee-,&�,or c.,cwNmxjjcT f,,ricc lar vest thwe L,n i led StA Wr,, ,uch itutex referred to ahwpvc s Rurcau of tabor'Aafis6cs,or swcessor agcwy ihorcko,%hall IV used,arid if[heart is no: mAccc*wr("'onsimer flmv htdcx,the Painc-s hercio dail [,Aridlord's anomoN to&%ipprate a suh snilfle hT&I,ata-' t0raWls In"10 evemil ill the ncm leasc,year remal tvis than,the prior y ev, j,N wrrvcss w1uF'RF:OF,the pariiins hme rcsfpcctivcl%,i"ig"nod lind scaled alts s I vaiw the day and year first abi,--wc wrilreo, LA-INDI-ORD: t,: ;t PALM PLAZA, 1,,Ll,,(,.,,J Honda honned I fall i I i ly cavarly fi)r Larrdlor& S �,Mau. Prink Name and I)RIc fit- 12440"Oiv 4-11", 19,11— A onWAI,�,+Ak............. Landfoyd C putt ckv Oin jq,&r�'t t J,(L "101181) Ol,Si aira lhpCod �1NI`N Addrcss take and Zip(cock- $16 l 9 T SITE PLAN 15-50 N i aw . �lorldg Lm 17'41" I N� I >w �x � s 3 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 CONSENT AGENDA AGENDAITEM: 10.F. SUBJECT: Approval of Commercial Rent Reimbursement Grant Program in the Amount of $15,000 to TalentPartners LLC located at 2626 N. 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 for a maximum period of 12 months. CRA staff has received a complete grant application from TalentPartners LLC located at 2626 N. Federal Highway, Boynton Beach, FL 33435 (see Attachments I - 11). TalentPartners prides themselves in delivering premier talent that enables companies to reach their goals efficiently. It is their mission to connect individuals and organizations through unique workforce delivery leading to a better quality of life for all. TalentPartners focuses on providing the right resources all while saving you time. They specialize in: Accounting & finance, information technology, human resources, administration, legal, marketing, security, and more. As a professional office, TalentPartners currently employs two full time positions with plans to add two additional recruiters and an administrative assistant in 2023. Under the terms of their Landlord-Tenant Lease Agreement, the base rent required to be paid by the applicant is $2,950 per month (see Attachment 111). TalentPartners qualifies as a Tier I I business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $1,250 per month for a 12 month period, whichever is less. If approved, TalentPartners would be reimbursed in the amount of $1,250/month for a period of 12 months or a total grant amount of $15,000 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis wit h proof of rent payments. FISCAL IMPACT: FY2021-2022 Budget, Project Fund, Line Item 02-58400-444, $15,000 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $15,000 to TalentPartners LLC located 2626 N. Federal Highway, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Rent Reimbursement Grant Application D Attachment II - Location Map D Attachment III - Lease }At {J B ' JT1 B EACH COMMUMTY REDEVELOPMENT October 1 , 2021 — September 30, 2022 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation or expansion. The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced by the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Initials Page 1 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance through a reimbursable grant in the form of a monthly rent reimbursement for the first 12 months of business with the option to request an additional 6 months of reimbursement, which may be granted at the discretion of the Board. New businesses are eligible to apply for assistance for up to one year from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, permits are closed out, City and County licenses are obtained, and the business is open for operation under a Temporary Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO). For businesses that do not require any construction work, rent reimbursements will not be paid until City and County licenses are obtained and the business is open for operation. On a monthly basis, the BBCRA will issue reimbursement directly to the applicant. Reimbursement is for the monthly rent payment made to the landlord, and is dependent upon receipt of verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the parties to the lease, (the tenant and the landlord). As grantor, the BBCRA does not bear or accept any responsibility for payment of rent at any time, or for penalties incurred for the late arrival of payments by any party. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com. Initials'�Fc57 QW Page 2 of 15 47 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be a new business, or an existing business that is expanding in size. • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • An existing business must expand to occupy more than 50% of its current square footage size or open a second location within the BBCRA Area. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multi-year lease with at least two years remaining on the lease. • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. Initials Page 3 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales/Shooting Range • Convenience Store • Religion-Affiliated Retail Stores • Churches/places of worship • Non-profit organizations • Medical Research Centers/Housing • Check Cashing Stores • Tattoo Shops / Body Piercing / • Kava Tea Bars Body Art Shops • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Alcohol and/or Drug Rehabilitation • Pawn Shops Centers/Housing • Any other use that the BBCRA staff • Massage/Personal Services or BBCRA Board determine will not • Auto Services Facilities — repair, support the redevelopment of the storage, sales, etc BBCRA Area • CBD Retail Stores, etc. Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval. Tier One Business Tier One Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or$1,750 per month, whichever is less (maximum amount of the grant is $21,000, distributed in 12 monthly payments). Initials Page 4 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or $1,250 per month, whichever is less (maximum amount of the grant is $15,000, distributed in 12 monthly payments). Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home D6cor/Design — home • Clothing Boutique — clothing, furnishings, art galleries, kitchen shoes & accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than 2 • Real Estate Offices approvals per fiscal year) • Marketing Offices • Medical Offices • Fitness Centers • Insurance Offices • Laundry/Dry Cleaner facility • Specialty Businesses — stationary, • Florists (no more than 2 approvals gifts, sporting goods per fiscal year) • Take-out Foods Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on the lease at the time of Board approval. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; Initials G� Page 5 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. For purposes of this paragraph, the term "subject property" means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; 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 Initials Page 6 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-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. Provide a 2-3 sentence mission statement for the applying business entity. This will be used as a way to introduce your business to the BBCRA Board. 3. Resume for each principal/owner of the business. 4. Copy of the corporate documents for the applying business entity. 5. Copy of City and County Business Licenses (Business Tax Receipt). 6. Copy of executed multi-year commercial lease agreement. 7. Two years of corporate tax returns (for existing businesses only). 8. Two years of personal tax returns for the principal/owners of a new business. 9. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 10.If applicant is an existing business expanding to occupy more than 50% of its current square footage size, verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. 11.Completed and signed application (attached). 12.Authorization to perform credit check for the business and each principal/owner of the business (attached). 13.W9 Form and Vendor Application (attached). Initials G� Page 7 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Approval of Funding Request All required application documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement Monthly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to BBCRA Board approval. A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the approved applicant, with the option to request an additional 6 months. Reimbursement will occur on a monthly basis. Following the initial Reimbursement Request, each reimbursement request shall be made within 30 days of the start of the next month. Initials Page 8 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com In order to receive monthly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that month's reimbursement or proof of direct deposit). If applicant does not submit its monthly reimbursement request within 30 days following the end of the next month in which applicant is requesting reimbursement, applicant forfeits that month's reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant or applicant's landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant's submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the BBCRA to award grant funding. Initials a� Page 9 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI,,,OPMENTAGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (and d/b/a if applicable): TalentPartners LLC Current Business Address: 1135 Rialto Dr. Boynton Beach, FL 33436 Fed I D#: 84-4587710 Business Phone Number: (561) 565-5400 Fax: Website: www.thetalentpartners.net Existing Business: Yes X No Number of years in existence: 2.5 years Time at Current Location: 2.5 years New Business to Boynton Beach: Yes No X Do you have an executed lease agreement: Yes X No If so, monthly base rent: $2,950 New Business Address: 2626 N Federal Hwy Boynton Beach, FL 33435 Square footage of current location: Home Office Square footage of new location: 1000 Type of Business: Staffing & Recruiting Agency Number of Employees: 4 Hours of Operation: 8:30am - 5:00pm Page 10 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI,,,OPMENTAGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Brett Sarubbi Date of Birth: 04/22/1990 Email: brett@thetalentpartners.net Residential Address: 637 NE 12th Ter Apt 4 Boynton Beach, FL 33435 Cell Phone Number: 561-877-9909 2. Principal/Owner Name: Jonathan Millet Date of Birth: 06/03/1990 Email: Jon@thetalentpartners.net Residential Address: 1135 Rialto Dr. Boynton Beach, FL 33436 Cell Phone Number: 561-346-2996 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 11 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„,OPMENTAGENCY APPLICANT INFORMATION Are you applying for grant assistance under any other program offered by the BBCRA? Yes X No If yes, what additional programs are you applying for: Property Improvement Grant Are you receiving grant assistance under any other governmental agencies: Yes_ No X If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: Wahoo LLC Landlord's Mailing Address: PO Box 158 Boynton Beach, FL 33425 Landlord's Phone Number: 561-654-6664 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 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI,,,OPMENTAGENCY APPLICANT INFORMATION Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer furthering the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Page 13 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 1V 4 COW-AUBOYNTO 1-l"12'"BEAC E PoAGENCY APPLICANT INFORMATION APPLICANT SIGN RES: Al 1. 7Z_7 z ..� P ipal/Owner's Signature &L Date i rinted Name Title r 2. lir ner's Signatu a Date t c Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME,an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared Jwho is/are personally known to me or produced ' as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of __- f` 20 N &s4 BONNIE N I C K L I E N My im fission Expires: •_ o^Notary Public-State of Florida • Commission # HH 87189 a° My Commission Expires �i'F,,! May 25,2025 �nm ` - - - Page 14 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com x ;t�+nnty BOYNTONI SIUMBEACH C' RA t COMA UN DEVEL EN A C INFORMATIONLANLORD LAN INATURES' I-a lord's Signature Cate Printed Name Title A� l 's Sibilature Date Printed e Title Notary s to PrincipaLlOwner's Signatures- Multiple notary pages maybe used if signing individually TATE OF eo,rtdc, COU F e " F BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgernents, personally appeared k)2>L , +rho islare personally known to me or produced Ias identification, and acknowledged he/she iexecuted the foregoing Agreement for the use and purposed mentioned in it and that the instrument is hlslher act and deed. IN WITNESSTHE FOREGOING, I have set my hand and official seal in the Mate and County aforesaid an this day of 3js-11 20-21L JONATHAN DARILVA TARY PUBLIC My Comm Expires 7,024 y Commission Expires, Bonded,0;rwri f�ttional Notary Aim Page 15 of 15 Pbrit Rairribursement 100 Fast Ooean,avenue,4th Floor,Baynton Beni, 1133435-Phone,,(561)600 y ww . rl � co r3 z sii tsS iA 7/28/22,8:35 AM PAPA Maps 2 DOROTHYJACKS CFA,AAS .=p P Beach Co ty P perty Appraiser (f ' Search by Owner,Address or Parcel LLJ View Property Record Owners WAHOO LLC 1�drnd7ard Cirli �e c Property Detail .. 2626 N FEDERAL HWY y� Murllicioahty BOYNTON BEACH ' k , .-e +i. . 08434515020000010 � Su,...I; �: LAKESIDE GARDENS IN i4�. �r�977 r, eiT1tl. amzitt`Xn � ,.. Book 16106 G d7irnrck��F Sa e.Da-e=.OCT-2003 W, PO BOX 158 11 iolg G ,.fid, res.,, BOYNTON BEACH FL 33425 0158 I ± _ i1200- U. e. .e STORE/OFFICE/RESIDENTIAL) I Square e e 4134 ; Sales Information , �1,d Sales Date Price f OCT-2003 345000 _ MAR-2003 225000 > > �" _ ,UJa,r y A MAR-2003 529 FEB-1 994 100 JAN-1988 172000 1 p 1 2pt t ' l` Appraisals �" �; �! Tax Year 202101 1 e e... Value=. $250,660 .i-aild Vaiue $337,096 �se a I ..,;..aate. .i Ma .. aiue' $587,756 qJ s� J ' t. ;" All values are as of January 1 st each year Assessed/Taxable values Tax Year 2021 i Assessed ofaiue $587,756 X Amount $0a t � aixadble Value $587 756 to �� 1 � a,u � Lass...... Taxes atawayBlvd— Tax Year 2021 �''AF`�? t 1 s i e Ad t .e m $1 2,471oil, � t e'^ $1558 � r � i ��( q' b x https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434515020000010# 1/1 COMMERCIAL LEASE This Lease is entered into by and between Wahoo,LLC,a Florida limited liability company,with an address of PO Box 158 Boynton Beach,FL 33425("Landlord"),and Brett Sarubbi and Jonathan Millet, individually,and TalentPartners LLC,a Florida Limited Liability Company,with an address of 1135 RIALTO DRIVE BOYNTON BEACH,FL 33436,collectively referred to as the ("Tenant"). In consideration of the mutual covenants contained herein and other valuable consideration received,and with the intent to be legally bound,Landlord and Tenant agree as follows: 1.PREMISES.Landlord hereby leases to Tenant,and Tenant hereby leases from Landlord,the following premises:2626 North Federal Highway,Building#1 Boynton Beach,FL 33425(the "Premises").This Lease also includes all fixtures,equipment,and personal property in the Premises.The "Premises"are stipulated for all purposes to contain approximately 1000+/-square feet of"net rentable area as per Exhibit A." 2.TERM.The term of this Lease will be for Two(2)years.commencing on July 1.2022 and ending on midnight,August 31.2024 unless sooner terminated or extended according to the provisions hereof. 3. RENT.Beginning July 1,2022 Tenant agrees to pay Rent to Landlord,without any deduction or set off,in monthly installments as follows: • Year One: $2,950.00/month, and applicable sales tax(currently 6.5%or$191.75)Total Monthly Rent for Yearl equals$3,141.75/month. • Year Two:$3,200.00,plus applicable sales and use tax. Rent shall be payable,in advance on or before the first day of each month during the term of this Lease. Rent shall be paid to Landlord,Wahoo,LLC at PO Box 158 Boynton Beach,FL 33425,or at such other address as Landlord may specify in writing to Tenant.Time is of the essence in this Lease. Tenant shall prepay first month and last month's rent for a total of$6.549.75.including base rent,and sales and use tax and a Security Deposit in the amount of 2 5 ,QQtotaling$9.499.75.(1 st=$3,141.75 Last=$3,408.00 Security=$2,950.00) If Tenant shall fail at any time to perform any of the terms,covenants and conditions of this Lease, Landlord shall have the right to apply the Security Deposit,or any part thereof,to any deficiency caused by such default,without jeopardizing any other rights reserved to Landlord herein,but in no event shall Landlord be required to use or apply the deposit for any such purpose. If Landlord so applies all or any portion of the Security Deposit,Tenant shall promptly deposit with Landlord an amount sufficient to restore the Security Deposit to the amount first herein mentioned. If Tenant shall have faithfully performed all of the terms,covenants and conditions of this Lease,Landlord will refund to Tenant the aforesaid security deposit within thirty(30)days after the termination of this Lease and the vacation of the Premises by Tenant,less any expenses for excessive wear and tear of the Premises.Tenant's default or early termination of this Lease shall result in a forfeiture of the Security Deposit. 4.EXTENDED TERM. N/A 5.UTILITIES.Landlord is responsible for water/waste charges.Tenant will cause to transfer all utilities into Tenant's name and pay for certain utilities and services furnished to the Premises,including,but not limited to:electricity,water,telephone,security monitoring,pest control,cleaning service and any special trash removal necessitated by Tenant. Landlord shall not be liable for any loss or expense incurred by Tenant by reason of the interruption or failure of any utility or service if due to any cause beyond Landlord's control.Any petroleum products or other hazardous substances must be disposed of in an environmentally safe manner in accordance with all governmental regulations.No construction debris of any type may be placed in building's dumpster.Tenant shall not store garbage or other items on the property or outside the dumpster.Tenant shall keep the dumpster area clean after each use and adhere to city of Boynton Beach rules regarding its use.After Year 1,The landlord reserves the right to charge Tenant $40.00/month for water and waste services. 6.LATE CHARGES.If Tenant fails to pay any installment of rent or any other amount due hereunder within 7 days of the date the same is due,Tenant shall pay Landlord a late payment charge equal to$75.00. If a check presented by Tenant is returned by the bank,Tenant shall pay an administrative fee of$125.00. 7.USE.The Premises shall be used by Tenant solely as a Professional Service Office/Staffing Agency in accordance with the permissible uses and restrictions applicable to the Premises. Tenant may not use the Premises for any other purpose without obtaining the prior written consent of Landlord. 8.TENANT'S TAX,INSURANCE&EXPENSE OBLIGATION: N/A 9.PERSONAL PROPERTY TAXES.Tenant shall pay and discharge when due all taxes,assessments and other governmental charges,if any,levied on or attributable to personal property or improvements of Tenant located upon the Premises,or Tenant's use of the Premises. 10.CASUALTY INSURANCE.During the term of this Lease and any extension or renewal,Landlord shall maintain fire and extended coverage casualty insurance on the building in which the Premises are located. 11.LIABILITY INSURANCE.During the term of this Lease and any extension or renewal,Tenant shall maintain,at its sole expense,general public liability and property damage insurance with respect to the Premises with such company as may be acceptable to Landlord.Such policy shall have not less than $1,000,000/$2,000,000.00 combined liability for bodily injury and property damage.Such policy shall name Landlord and Tenant as the insured,as their interests may appear,and shall provide that the insurer may not change or cancel such insurance without giving 21 days prior written notice to Landlord.Tenant shall furnish Landlord with a copy of such policy or a certificate of insurance upon Landlord's request. 12.MAINTENANCE AND CONDITION.(a)Landlord shall maintain and repair the following:roof, foundation,structure,exterior walls,in-wall electrical wiring,in-wall plumbing and building fire safety system,if any(except for annual charges to fire extinguishers,which shall be a Tenant responsibility). Tenant shall maintain and repair the following: Interior walls(including periodic painting and decoration as may be necessary), entrances,partitions,doors,door frames,moldings,locks and hardware,fixtures, equipment,appliances and appurtenances thereof and improvements thereto,bathroom fixtures,air conditioning system,plate glass and interior window plantation shutters. Tenant shall have the benefit of any manufacturer's warranty applicable to any mechanical systems during the term of this lease. Tenant agrees to obtain an annual maintenance contract on the air conditioning system(s)and maintain said contract throughout the tern of the lease and any extensions thereof. (b)Tenant acknowledges that it has examined the Premises and fixtures,equipment and personal property and that they are in good condition and repair.Tenant shall keep the same clean,safe and in as good order and repair as they were at the commencement of this Lease,ordinary wear and tear excepted. Tenant shall use all fixtures,appliances,and facilities in a reasonable manner.Tenant shall dispose of all garbage in designated disposal facilities,in accordance with city rules and building policy. Tenant will pay for all damage to the Premises and repairs required due to any act or negligence of Tenant,its agents or invitees.Landlord and Tenant each agree to maintain and repair the Premises in compliance with all laws, ordinances and regulations applicable to them.Tenant agrees to promptly give notice to Landlord of any required repairs or unsafe conditions and Landlord will be afforded a reasonable period of time to complete the same. 13.TENANT'S IMPROVEMENTS.Tenant shall not paint or deface the Premises,or make any alterations,additions or improvements without on each occasion obtaining the prior written consent of Landlord,which consent shall not be unreasonably withheld.Unless otherwise agreed in writing,all alterations,additions and improvements shall become the property of Landlord and shall remain on the Premises at the expiration or termination of this Lease. It is understood and agreed,otherwise,that upon the expiration of this lease,Landlord,at its option,may require Tenant to remove any such alterations, additions or improvements and restore the Premises to its former condition. 14.DISCHARGE OF LIENS.Tenant agrees to promptly pay its contractors and suppliers for all work performed and materials furnished to the Premises,if any. In the event any mechanic's or similar lien is filed on the Premises or building in which the Premises are located which is claimed to arise from Tenant's actions,Tenant shall,at its sole expense,discharge or bond against such lien within 10 days of notice from Landlord.In no instance may the actions of the Tenant create a lien on the Building and Tenant shall so notify any contractor performing work for Tenant. 15.DELIVERY OF POSSESSION.If Landlord is unable through no fault on its part to deliver possession of the Premises to Tenant on or before the commencement date,this Lease will continue in effect,but rent and other amounts will be prorated according to when possession is given to Tenant,except if such failure is due to a failure by Tenant to obtain regulatory approval for occupancy of the premise. The term of this Lease will not be extended by any such delay.If Landlord is unable to deliver possession within 60 days of the commencement date,Landlord may terminate this Lease and all payments made will be returned to Tenant and all obligations of the parties will cease. 16.QUIET ENJOYMENT.By paying the rent and observing all the agreements,terms and conditions herein,Tenant shall peaceably and quietly have,hold and enjoy the Premises during the term of this Lease and any extension or renewal,subject to the provisions hereof. 17.ACCESS.Landlord and its agents may enter the Premises at all reasonable times and upon reasonable notice to Tenant to conduct inspections,make necessary or desired repairs or improvements,or to show the same to prospective tenants,buyers or lenders.Landlord may also enter the Premises when the same appear to be abandoned and for the purpose of placing signs offering the Premises for sale or rent. In an emergency,and as permitted by law,Landlord may enter the Premises without prior notice to Tenant. Tenant shall provide a pass key to Landlord in the event Tenant changes locks to the doors. 18.COMPLIANCE WITH LAW.Tenant,at its sole expense,shall comply with all present and future laws,ordinances,codes,regulations and requirements of any federal,state or local authority relating to Tenant's use of the Premises.Tenant shall not make or permit any waste on the Premises,or any nuisance or use which might interfere with the enjoyment of other tenants or persons in the general area of the Premises.Tenant shall not commit or permit any act or use of the Premises which may increase the fire hazard or the cost of fire or other insurance on the building in which the Premises is located,or cause the cancellation of such insurance.Tenant shall pay any additional insurance premiums resulting from Tenant's use of the Premises.Tenant shall obtain,at its sole expense,any licenses or permits which may be required for Tenant's use of the Premises. 19.RULES AND REGULATIONS.Tenant shall comply with all rules and regulations currently in effect or which Landlord may hereafter adopt for the safety,security,care,building image and orderly operation of the Premises,including,but not limited to trash placement,window displays,the installation of security systems and the installation and use of outside lighting at the front and rear entrances of the Building. 20.ASSIGNMENT AND SUBLETTING. Tenant shall not assign,transfer or encumber this Lease,nor sublet all or any portion of the Premises,nor permit the occupation by others,without on each occasion obtaining the prior written consent of Landlord.Consent of Landlord on any one occasion shall not be deemed a waiver of the necessity for consent on any other occasion.Notwithstanding any assignment or subletting,Tenant shall remain primarily liable for the payment of rent and the performance of all covenants,terms and conditions of this Lease.Any attempt to assign or sublet without Landlord's consent shall be void and shall entitle Landlord,at its option,to terminate this Lease. 21.FIRE AND CASUALTY.This Lease will terminate upon a total destruction of the Premises or building containing the Premises due to fire and rent will be apportioned as of such date.In the event the Premises or the building containing the Premises are damaged by fire or other casualty so as to render the Premises unsuitable for the use for which the same are leased,rent will be abated until Landlord shall have restored the same to substantially their former condition.Provided,however,that if Landlord elects not to repair such damage,or if such repairs shall not have been completed within 150 days,either party may terminate this Lease and rent will be apportioned as of the date of termination. 22.CONDEMNATION. If the entire building in which the Premises are located is acquired or condemned by the power of eminent domain by any public or other authority,then this Lease will terminate upon the date such taking becomes effective.Rent and other payments will be apportioned as of such date. If any part of the Premises or building containing the Premises is so acquired or condemned so as to render the Premises unsuitable for the use for which the same are leased,then this Lease may be terminated by either party upon thirty days written notice to the other. Rent and other payments will be apportioned between the parties as of the date of termination.If this Lease is not so terminated,then rent and other payments will be abated according to the nature and extent of the area taken.All damages awarded for such taking shall belong to and be the exclusive property of Landlord.Tenant agrees to sign such further instruments of assignment as Landlord may reasonably request to accomplish the foregoing.Provided, however,that any damages awarded for moving expenses or Tenant's fixtures,improvements or equipment shall belong to Tenant. 23.LOSS OR DAMAGE.Unless caused by the gross negligence or willful neglect of Landlord, Landlord will not be liable for any loss,damage or theft of any property of Tenant or others kept or stored in or about the Premises for any reason.Tenant acknowledges that it is Tenant's responsibility to insure its own property and improvements.Tenant occupies Premises at Tenant's sole risk. 24.INDEMNIFICATION.(a)Tenant shall indemnify and hold Landlord harmless from any and all claims,loss,damages,liens,expenses,including reasonable attorney's fees,and liabilities of whatever nature,arising out of or relating to:(i)any default by Tenant in the performance or observance of any covenant,term or condition of this Lease,(ii)loss or damage to any property or injury or death to Tenant or any person occurring on or about the Premises due to any cause other than Landlord's gross negligence or willful neglect,and(iii)Tenant's use and occupancy of the Premises. 25.DEFAULT.Tenant shall be in default of this Lease upon the occurrence of any one of the following events: (a)failure to pay any installment of rent or any other amount required herein which shall continue for 7 days after the same is due; (b)failure to perform or observe any other covenant,term or condition of this Lease which shall not be corrected within 10 days after written notice from Landlord,or for such longer period as may be reasonably necessary to correct such default; (c)abandonment or cessation of business operations at the Premises by Tenant; (d)any misrepresentation or omission of or on behalf of Tenant made to Landlord in connection with this Lease; (e)the taking of the leasehold created hereby on execution or by other process of law; (f)insolvency or failure of Tenant or any guarantor to generally pay its debts as they become due; (g)assignment for the benefit of creditors of,or appointment of a receiver or other officer for,all or any part of Tenant's or any guarantor's property;or (h)adjudication of bankruptcy,or filing of a petition under any bankruptcy or debtor's relief law by or against Tenant or any guarantor. 26.REMEDIES OF LANDLORD.(a)Upon any default by Tenant,Landlord may,at its option, terminate this Lease and/or commence eviction proceedings in accordance with the laws of Florida.Upon any such default,Landlord shall also have the right to enter upon the Premises or any part thereof,without demand or notice,and repossess the same and expel Tenant and any other occupants and their effects,either with or without terminating this Lease and to accelerate the rent due under the Term of the Lease which rent shall become immediately due and payable by Tenant.Any entry may be with or without process of law,by force if necessary,or otherwise according to law.No entry shall subject Landlord to any liability for trespass or damages.Upon any entry or termination,Landlord agrees to use reasonable efforts to relet the Premises on Tenant's behalf or otherwise,for such term and rent as Landlord may determine.No act or failure to act by Landlord shall waive any remedies which Landlord may have for arrears of rent or breach of covenant or release Tenant from any liability whatsoever. (b)Upon any termination or entry as above,Tenant shall indemnify Landlord against all loss of rents and other amounts which Landlord may incur over the remainder of the term in addition to paying all overdue rent and other payments.At Landlord`s election,Tenant shall pay to Landlord an amount equal to the excess of the rent and other payments hereunder for the remainder of the term over the fair rental value of the Premises over the same period.Tenant shall also pay to Landlord all costs and expenses incurred by Landlord by reason of Tenant's default including,without limitation,attorney's fees,costs of regaining possession and reletting the Premises,broker's fees,storage fees and repairing and cleaning costs. 27.NO WAIVER.The failure of Landlord or Tenant to require strict performance by the other of any covenant,term or condition of this Lease is not a waiver for the future of any breach of the same or any other covenant,term or condition herein.Landlord's acceptance of rent is not a waiver of any breach by Tenant. 28.REMEDIES CUMULATIVE.To the extent permitted by law,the rights and remedies of Landlord herein are cumulative,and the exercise of any one of them will not be deemed to be in exclusion of any other.The rights and remedies herein are in addition to any other rights and remedies available to Landlord at law or equity. 29.RIGHT TO CURE OTHER'S DEFAULT.If either Landlord or Tenant fails to perform any covenant,term or condition of this Lease,the other party may,after giving reasonable notice,perform such covenant,term or condition and expend whatever sums may be necessary.All sums expended shall be repaid on demand.This performance shall not waive any rights or remedies which either party may have against the other for such default. 30.SUBORDINATION OF LEASE.This Lease is subject and subordinate to all present and future mortgages,trust deeds and other security instruments that may be placed on the building in which the Premises are located;provided that for so long as Tenant is not in default of this Lease,no foreclosure or similar proceeding will terminate this Lease or impair any of Tenant's rights.In the event of any such proceeding,Tenant shall attorn to the new owner and accept such successor as the new Landlord under this Lease.Although no further act by Tenant is necessary to accomplish the above,Tenant agrees to sign any other instruments evidencing this subordination and attornment as Landlord may reasonably request. 31. UNAVOIDABLE DELAYS.Neither party will be liable for any delay or failure in the performance of any of its obligations herein when due to labor disputes,inability to obtain materials or services,wars, governmental laws or restrictions,weather,acts of God,or any other cause beyond the reasonable control of such party.Provided,however,that this section shall not excuse Tenant from the prompt payment of rent or any other amount due herein. 32.SURRENDER AND HOLDING OVER.No surrender of the Premises or this Lease shall be effective unless accepted in writing by Landlord.At the expiration or sooner termination of this Lease, Tenant will remove its effects and peaceably deliver possession of the Premises to Landlord in as good repair and condition as they were at the commencement of this Lease,ordinary wear and tear excepted. Any property left on the Premises after Tenant vacates or abandons the Premises shall be deemed abandoned and Landlord may remove,store and/or dispose of the same as it sees fit,subject to applicable law.If Tenant holds over beyond the expiration or termination of this Lease and rent is accepted by Landlord,a month to month tenancy only shall be created which will otherwise be governed by the terms and conditions of this Lease,except that the applicable rent will be 1.5 times the monthly rent in effect at the time of the expiration.Nothing in this section shall be construed as a consent to any holding over by Tenant. 33.LIMITED LIABILITY.It is expressly agreed that neither Landlord nor any individual,partner, shareholder,family member or member comprising Landlord shall be personally liable under this Lease.In the event Landlord breaches any provision of this Lease,Tenant will look solely to the equity,if any,of Landlord in the building in which the Premises is located to satisfy its claims and remedies,and Landlord's liability shall not exceed such equity interest. 34. PARKING. During the term of this Lease,Tenant shall have priority to parking spaces 1,2,3,4 South of Building#1. 35.SIGNS.Any signs erected or placed on any exterior portion of the"Premises"or the Buildings shall conform to the requirements and regulations established by the Landlord and zoning regulations of the City of Boynton Beach, including but not limited to size,colors, aesthetics, and location. All placement of signs will be at the sole expense of the Tenant and may only be dome with advance written approval of the Landlord and proper permits from the City of Boynton Beach. 36. LANDLORD'S LIEN. Tenant hereby grants to Landlord a lien and security interest on all property of Tenant now or hereinafter placed in or upon the"Premises",and such property shall be and remain subject to such lien and security interest of the Landlord for payment of all rents and other sums agreed to be paid by Tenant hereunder. Provided,however,that landlord shall not have a lien which would be superior to a lien from a lending institution,supplier,or leasing company,if such lending institution, supplier or leasing company has a security interest in the equipment, furniture, or other tangible personal property and which security interest has its origin in a transaction whereby Tenant acquired such equipment, furniture or other tangible personal property. Tile provisions of this paragraph relating to such lien and security interest shall constitute a security agreement under and subject to the Uniform Commercial Code as enacted and in force in the state of Florida, so that the Landlord shall have and may enforce a security interest on all property of the Tenant now or hereafter placed in or upon the"Premises", in addition to any and all other rights of the Landlord provided by law. Tenant agrees to execute as debtor, such financing statement or statements and other such documents a s Landlord may now or hereafter request in order protect or further perfect Landlord's security interest. 37. NOTICES.All notices and communications under this Lease shall be in writing and shall be deemed to be properly given when delivered personally or sent by email,certified mail,return receipt requested,or overnight delivery service,to Landlord at PO Box 158 Boynton Beach, FL 33425, Michael(�i)serviCOSUnlimited.com, and k iren/il',scry icesun Iimited,com or to Tenant at 2626 North Federal Highway Boynton Beach, FL or brett@theiaIentpartners.net& [on@thetalentpartners.net to such other addresses as either party may specify in writing to the other.. 38. ENTIRE AGREEMENT.The parties acknowledge that they have read and understand the terms of this Lease.This Lease contains the entire agreement and understanding between the parties regarding the Premises and is subject to no agreements,conditions or representations that are not expressly set forth herein.This Lease may only be amended in writing and signed by both Landlord and Tenant. 39. INVALID PROVISION. If any provision of this Lease shall be invalid or unenforceable,the remaining provisions shall remain in full force and effect. 40. CAPTIONS.The captions in this Lease are inserted only for convenience and in no way construe or interpret the provisions hereof or affect their scope or intent. 41.PARTIES BOUND.This Lease shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns;provided,however,that if Landlord sells the Premises and transfers all prepaid rents to purchaser,Landlord shall be released from all liabilities under this Lease.The purchaser,as successor landlord, shall be deemed to have assumed all of the obligations and liabilities of Landlord under this Lease, provided,however,that if Landlord sells the building in which the Premises is located, Landlord shall be released from all liabilities under this Lease. The purchaser,as successor landlord,shall be deemed to have assumed all of the obligations and liabilities of Landlord under this Lease. 42.RIDERS.The riders and exhibits, if any,attached hereto and initialed by the parties are made a part of this Lease. 43.ADDITIONAL PROVISIONS. Tenant accepts the Premises As Is. Any changes or additions to the interior of premises, including window treatments, floor coverings,shelving,partitions,ceilings, or lighting,will be at the sole cost of the Tenant and will require advance approval of Landlord. IN WITNESS WHEREOF,this Lease is executed under seal on the R—day of July 2022. Executed in the presence of: LANDLORD Wahoo, LLC A(Sign*at�rjof witness} By: Kare Mauro, Manager &V" (Signature of witness) TENANT TalentPartners, LLC tA*oCi tAcwcv By: (Signa jr ofwitness) (Signature of witness Ra ru By: (i�ig t 'e of witness) (Signature of witness EXHIBIT A 4 47 tt .. a,�l� �- ,. �'{ tw6 y } `2ts��� F��#{f�\i 4 r 4�;,I s���+}+ , #� 1 3y t 1s {��° y' � i I{�14'•,i#r�3j�ry'4 )t14+�1� ,. r)�trl��bi1i�S1S?3s41,11M,IV 1111RIMIRIr\. �# Ips_ 'S r£ � \ >1 \Sif} �{( Ott��af� ` �i 6— s ! �-��s S�}�� y.n-• t fi`� s��� a..-" t rs P � 2 t ,n 4 t° Yy�\ L � t c r tat, r S t )S 3i EXHIBIT B BUILDING RULES AND REGULATIONS 1. Landlord reserves the right to refuse access to any persons Landlord in good faith judges to be a threat to the safety,reputation,or property of the Building and its occupants. 2. Tenant shall not sumer or permit the obstruction of any Common Areas, including driveways, walkways, stairways, and doorways of the Building. These shall not be obstructed or used for any purpose other than ingress to and egress from the units.No furniture,equipment,or other personal articles shall be placed in the entrances,stairways or other common elements. 3. No exterior of any premises or the windows or doors thereof or any other portions of the common elements shall be painted or decorated in any manner by Tenant. No sign, notice, lettering, or advertising shall be inscribed or exposed on or at any window, door, or at any other part of the Building; nor shall anything be projected out of any window of the building. Tenant shall not be allowed to put their names on any entry to the building or entrance to any unit, except in the proper place provided by the Landlord for such purpose. No protective window film, shades, awnings, window guards, ventilators,fans or air-conditioning devices shall be used in or about the Building or common elements except such as shall have been approved in writing by Landlord. 4. Tenant shall not make or permit any noise or objectionable odor. Landlord has the absolute right to set rules and regulations for the building. 5. Tenant shall keep his premises in a good state of preservation and cleanliness and shall not sweep or throw or permit to be swept or thrown therefrom,or from the doors or windows thereof,any dirt or other substances. All garbage and refuse from the Building shall be deposited with care in receptacles intended for such purpose only at such times and in such manner as Landlord may direct. Disposal for all garbage that is not in the course of normal day to day operations -- i.e. shipping boxes for computers printers, filing cabinets,and other large items--must be handled by tenant at tenant's cost. 6. Water closets and other water apparatus in the Building shall not be used for any purpose other than those for which they were constructed nor shall any sweepings,rubbish,rags,paper,ashes,or any other article be thrown into the same. Any damage resulting from misuse of any water closet or other apparatus shall be paid for by the Tenant causing such damage. 7. The agents of the Landlord and any contractor or workman authorized by the Landlord may enter any unit at any reasonable hour of the day for any purpose permitted under the terms of the Lease or Building Rules. Tenant shall not engage any employee of the Landlord for any private business of the Tenant without prior consent of the Landlord. Tenant shall not employ any service or contractor for services or work to be performed in the Building,except as approved by Landlord. 8. No bird or animal shall be kept or harbored in the Building unless the same in each instance be expressly permitted in writing by the Landlord. In no event shall dogs be permitted in any of the public portions of the buildings or development unless carried or on a leash. The Tenant shall indemnify the Landlord and hold it harmless against any loss or liability of any kind or character whatsoever arising from or as a result of having any animal in the building. 9. No radio or television aerial shall be attached to or hung from the exterior of the building without written approval by the Landlord. 10. The Landlord shall retain a passkey to each unit. No Tenant shall alter any lock on any door leading into his unit without prior consent of the Landlord.Tenant shall not alter any lock or install new or additional locks or bolts to the common areas of the property. 11. No Tenant, or any employee or any client,visitor,or guest of a Tenant shall be allowed on the roof of the building without the express permission of the Landlord. 12. All damage to the building or common elements caused by the moving or carrying of any article therein shall be paid by the Tenant responsible for the presence of such article. 13. Tenant shall not interfere in any manner with any portion of the electrical system and lighting apparatus which are part of the common elements and not part of the Tenant's. 14. Tenant shall not use or permit to be brought into the building any flammable oils or fluids such as gasoline, kerosene, naptha, benzine or other explosives or any hazardous materials or articles deemed hazardous to life, limb or property. 15. The Tenant must keep the interiors of the leased premises clean and free from obstructions. The Landlord assumes no liability for loss or damage to articles stored or placed in the building. 16. Tenant shall be held responsible for the actions of its employees, visitors, clients, or guests. Any damage to the building or equipment caused by Tenant, its employees, guests, visitors, or clients shall be repaired at the expense of the Tenant. 17. Complaints regarding the management of the building and grounds or regarding the actions of other Tenants shall be made in writing or via email to the Landlord. 18. Parking of motor vehicles, including motorcycles,mopeds,trailers,hearses or bicycles by Tenant, its employees, guests, clients, or visitors shall be only in the space designated as parking; no unattended vehicle shall at any time by left in such a manner as to impede the passage of traffic or to impair proper access to parking areas.No repair, cleaning, or maintenance of motor vehicles, including motorcycles, mopeds,trailers,or bicycles shall occur on the property,with exception of emergency repair to have vehicles removed to a qualified repair facility. No storage of motor vehicles, including motorcycles, mopeds, trailers, hearses, bicycles or any objects shall be permitted on the driveway and parking areas and the same shall at all times be kept free of unreasonable accumulation of debris or rubbish of any kind. 19. Supplies, goods, and packages of every kind are to be delivered in such a manner as the Landlord or its agents may prescribe and the Landlord is not responsible for the loss or damage of any such property. 20. Property shall not be used or occupied in such manner as to cause any nuisance or immoral or illegal activity to be committed or permitted to occur in or about the property. 21. The common elements are intended for use for the purpose of affording vehicular and pedestrian movement within the property and of providing access to the units. No part of the common elements shall be obstructed so as to interfere with its use for the purposes herein above recited nor shall any part of the common elements be used for general storage purposes, nor anything done thereon in any manner which shall increase the rate of hazard and liability insurance covering said area and improvements situated thereon. 22. Tenant shall be responsible for the inappropriate use of any toilet rooms, plumbing or other utilities. No paper towels, rags or feminine hygiene products are to be flushed in toilets. No foreign substances of any kind are to be inserted therein. 23. Tenant shall not deface the walls,partitions or other surfaces of the Property. 24. Furniture, significant freight and equipment shall be moved into or out of the building only with the Landlord's knowledge and consent,and subject to such reasonable limitations,techniques and timing, as may be designated by Landlord. Tenant shall be responsible for any damage to the Property arising from any such activity. Tenant may be asked to provide a deposit against possible damage resulting from movements of the aforementioned. 25. Tenant shall return all keys at the termination of its tenancy and shall be responsible for the cost of replacing any keys that are lost. 26. Tenant shall not suffer or permit smoking or carrying of lighted cigars or cigarettes in areas reasonably designated by Landlord or by applicable governmental agencies as non-smoking areas. 27. Tenant shall not use any method of heating or air conditioning other than as provided by Landlord. 28. Tenant shall not install, maintain or operate any vending machines upon the Premises without Landlord's written consent. 29. The Premises shall not be used for loading or manufacturing,cooking or food preparation, except for warming of snacks and beverages in a microwave oven. 30. Tenant shall comply with all safety, fire protection and evacuation regulations established by Landlord or any applicable governmental agency. 31. Tenant assumes all risks from thefl or vandalism and agrees to keep its Premises locked as may be required. 32. Landlord reserves the right to waive any one of these rules or regulations, and/or as to any particular Tenant, and any such waiver shall not constitute a waiver of any other rule or regulation or any subsequent application thereof to such Tenant. 31 Landlord reserves the right to make such other reasonable rules and regulations as it may from time to time deem necessary for the appropriate operation and safety of the Building and its occupants. Tenant agrees to abide by these rules and regulations. These Building Rules may be added to or repealed at any time at the Landlord's sole discretion. Tena Date 7 Tendnt Bate i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 CONSENT AGENDA AGENDAITEM: 10.G. SUBJECT: Approval of Commercial Property Improvement Grant Program in the Amount of $18,610.33 to TalentPartners LLC located at 2626 N. Federal Highway SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial costs associated with the construction, repair, and/or rehabilitation of commercial building improvements. The Commercial Property Improvement Grant Program provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. CRA staff has received a complete grant application from TalentPartners LLC located at 2626 N. Federal Highway, Boynton Beach, FL 33435 (see Attachments I - 11). TalentPartners prides themselves in delivering premier talent that enables companies to reach their goals efficiently. It is their mission to connect individuals and organizations through unique workforce delivery leading to a better quality of life for all. TalentPartners focuses on providing the right resources all while saving you time. They specialize in: Accounting & finance, information technology, human resources, administration, legal, marketing, security, and more. As the tenant of a commercial property, the applicant falls under the terms of a Tier I I business, as outlined in the grant application. The applicant is seeking reimbursement for interior renovations of the unit to include: New paint, flooring, signage, interior doors, and installation of security cameras. The total cost of eligible property improvements is approximately $31,017.22 (see Attachment 111). If approved, the applicant is eligible to receive a maximum grant of $18,610.33 which includes a 20% contingency in reimbursable funds provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff for approval. FISCAL IMPACT: FY 2021-2022 Budget Project Fund, Line Item 02-58400-444, $18,610.33 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Property Improvement Grant not to exceed the maximum grant award of $18,610.33 to TalentPartners LLC located at 2626 N. Federal Highway, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Property Improvement Grant Application D Attachment II - Location Map D Attachment III - Project Quotes ff' BOY TC t EAC H °` COMMUNITY REDEVELOPMENT AGENCY October 1 , 2021 — September 30, 2022 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERICAL PROPERTY IMPROVEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Property Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the repair and rehabilitation of buildings or other improvements in accordance with the BBCRA Community Redevelopment Plan. Improvements paid for by the BBCRA must be permanent and stay with the building. The BBCRA reserves the right to approve or deny any Commercial Property Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach. The term "existing business"means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The term "project" means the eligible exterior or interior improvement project for which the applicant seeks reimbursement. Initials Page 1 of 17 Property Improvement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435—Phone: (561) 600 -9090 www.boyntonbeachcra.com The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Property Improvement Grant Program offers financial assistance to the landlord or business owner in the form of a reimbursable, matching grant for 50% of eligible expenses, up to $50,000, associated with the construction or renovation of the exterior and interior elements of the commercial operating space. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynton-beach.org/go- green/pace_program.php or by contacting the City of Boynton Beach at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com or view the attached brochure. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). Initials Page 2 of 17 Property Improvement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435—Phone: (561) 600 -9090 www.boyntonbeachcra.com • Improvements to non-profit and residentially zoned properties are NOT eligible expenses. • Applicant must have an executed multi-year lease with at least two years remaining on the lease at the time of BBCRA Board approval • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than $250,000 (based on the project's construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a grant application. • Grant funding amounts will be based on the applicant's project budget, specified at the time of the BBCRA Board approval, plus an added 20% contingency funding amount. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Property Improvement Grant Program may only be used one time in any five year period for any one property. Entities hoping to improve properties that were previously improved using a BBCRA improvement grant may apply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding liens, violations or monies owed for utilities, the BBCRA will perform a lien search on the property at a cost of $140.00, which will be deducted from any grant funding awarded to the recipient. Initials Page 3 of 17 Property Improvement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435—Phone: (561) 600 -9090 www.boyntonbeachcra.com In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • In order to receive the full amount of any awarded grant, the property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach, and submit for reimbursement within 180 days of the issuance date of the permit for the project. (As further described below, applicants may request reimbursement for up to 50% of their grant award prior to completion of the project.) If BBCRA Board approves grant funding and the work being performed does not require a permit, the Certificate of Completion (or equivalent) and application for reimbursement must be within 180 days of the grant award. Failure to complete the improvements within the specified time frame will result in termination of the grant award, at which point the BBCRA will no longer make payments for any reimbursement requests, regardless of whether the request was submitted prior to the termination of the grant. Only one 60 day administrative extension will be permitted, and the BBCRA has the sole and absolute discretion to grant or deny such extension. • Project items completed and paid for by the applicant more than 60 days prior to grant approval by the BBCRA Board are not eligible for reimbursement under the grant program. A complete application must be received within 60 days of payment in order for an expense to be eligible for reimbursement. Once a complete application is received, the application will be placed on the next available agenda for review and potential approval. • BBCRA Board approval of this grant results only in funding. Approval of BBCRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Initials Page 4 of 17 Property Improvement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435-Phone: (561) 600 -9090 www.boyntonbeachcra.com Projects and items eligible for funding under this grant program are limited to: • Structural walls • Plumbing • Flooring • Grease trap installation • HVAC system • ADA Improvements • Electrical systems, • Hood & fire • Signage including exterior and suppression • Doors/windows interior lighting • Landscaping and • Parking lot re-paving, • Patio decks irrigation within the re-sealing, and/or connected to the project site restriping building • Painting • Fencing (excluding • Demolition of structure • Roofing (Not to chain link, barbed wire, and re-sodding of exceed 50% of and wood panels) vacant property total grant award) • Electric vehicle charging • Solar electricity and • Security stations— See attached water heating — See cameras/system** ReNew PACE Eligible attached ReNew PACE (not including Product List Eligible Product List security personnel) ** Notwithstanding the limitation that grants may only be used once every five years for any one property, previous grant recipients that received less than the maximum amount of grant funding from Commercial Property Improvement Grants or Economic Development Grants are eligible to reapply to receive 50% matching reimbursable funding in an amount not to exceed $3,000 for the installation of new security cameras/systems. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Property Improvement Grant Program: • Massage/Personal Services • Medical Research Centers/Housing • Firearm Sales/Shooting Ranges • Massage/Personal Services • Religion- Affiliated Retail Stores • Churches/places of worships • Non-profit Organizations • Alcohol and/or Drug Rehabilitation • Adult Gambling Arcades Centers/Housing • Check Cashing Stores • Any other use that the BBCRA staff • Adult Entertainment or BBCRA Board determine will not • Vapor/E-Cigarette Stores support the redevelopment of the BBCRA Area Initials Page 5 of 17 Property Improvement a� 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435—Phone: (561) 600 -9090 www.boyntonbeachcra.com • CBD Retail Stores Grant Terms and Conditions This grant is divided into three tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. All reimbursement checks from the BBCRA to the successful applicant will be made out to the applicant (the business entity). Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval, plus an added 20% for contingency funding. Tier One Business Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $50,000 in grant funding. Tier One Businesses must be one of the following types of business: • Restaurant Hotels/Motels/Bed and Breakfast • Gourmet Food Market (the Board will grant no more than • Bakery four approvals in this category per fiscal year) Tier Two Business Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $25,000 in grant funding. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home D6cor/Design — home • Boutiques— clothing, shoes & furnishings, art galleries, kitchen accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than two • Real Estate Offices approvals per fiscal year) Initials Page 6 of 17 Property Improvement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435—Phone: (561) 600 -9090 www.boyntonbeachcra.com • Marketing Offices • Medical Offices • Fitness Facilities —yoga, dance • Insurance Offices exercise, martial arts, etc. • Take Out Restaurants • Auto Services Facilities — repair, • Tattoo Parlor/Body Piercing/Body storage, sales, etc Art Shop (no more than two • Specialty Retail Businesses — approvals per fiscal year) stationary, gifts, sporting goods • Florists (no more than two • Other commercial facade only approvals per fiscal year) improvements Tier Three Business (no more than two approvals per fiscal year) Tier Three Businesses are subject to BBCRA Board for review and approval. Tier Three Businesses eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $15,000 in grant funding. Tier Three Businesses must be one of the following types of businesses: • Kava Tea Bar • Pawn Shops • Convenience Stores: (Facade • Liquor Store and Security Improvement • Laundry/Dry Cleaner facility only) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease at the time of Board approval. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; Initials Page 7 of 17 Property Improvement U� 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. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, Boynton Beach, FL 33435 or downloaded from www.boytonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-serve basis. Application packets must include the following documentation: 1. A non-refundable fee of$100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Provide 2-3 sentence mission statement for the applying business entity. If the applicant is a commercial property owner, provide a brief history of the property and the current tenants of the space. This will be used as a way to introduce your business to the BBCRA Board. 3. Written detailed project budget describing the improvements to be done to the property. 4. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. It must list all project costs for which the applicant is requesting reimbursement. The project budget must provide a total cost of the project. 5. Signage design, project color chips, material samples and material specifications, if applicable. 6. Copy of building permit receipt/application. If the permit has not been applied for prior to submission of the grant application, a copy of the building permit receipt is due within 90 days of grant approval, or the grant award may be terminated. 7. Resume for each principal/owner of the business. 8. Copy of the corporate documents for the applying business entity. Initials QN Page 8 of 17 Property Improvement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435—Phone: (561) 600 -9090 www.boyntonbeachcra.com 9. Copy of executed multi-year commercial lease agreement. 10.Copy of Warranty Deed. 11.Two years of corporate tax returns (for existing businesses only). 12.Two years of personal tax returns for the principal/owners of a new business. 13.Copy of design and construction plans associated with the proposed improvements. 14. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 15.A minimum of four color digital "before" photos of the exterior and interior portions of the project. 16.Completed and signed application (attached). 17.Authorization to perform credit check for the business and each principal/owner of the business (attached). 18.W9 Form and Vendor Application (attached). 19.City Planning and Development Department Acknowledgement Form (attached). 20.City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 18 and 19) must be completed and submitted to the appropriate departments, which are located at City Hall 100 East Ocean Avenue, Building Department, Boynton Beach, FL 33435. Phone (561) 742-6000. Approval of Funding Request All required documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the project is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month at the Commission Chambers located in City Hall at 100 East Ocean Avenue, Boynton Beach, FL 33435. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Initials c>�_ Page 9 of 17 Property Improvement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435—Phone: (561) 600 -9090 www.boyntonbeachcra.com Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement This program is designed as a matching 50% reimbursable grant. All work for which reimbursement is sought must be completed and paid for by the applicant prior to the release of BBCRA funds. The applicant may request reimbursement for partial payments throughout the project for up to 50% of grant award. The remaining 50% of grant funding will be held until the project is completed according to the City of Boynton Beach Building Department, and if applicable, a certificate of occupancy has been issued, at which point the applicant may submit a final reimbursement request. The BBCRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the BBCRA (3) days prior to the grant expiration date. The BBCRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the reimbursement request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full." Proposals for "work to be completed" or "bids" are not considered proper documentation. a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. Initials Page 10 of 17 U Property Improvement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435—Phone: (561) 600 -9090 www.boyntonbeachcra.com 2. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). 3. For partial reimbursement requests, a Partial Release of Lien from licensed contractors must be submitted. 4. For the final reimbursement request, the following must also be submitted: a. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 5. A minimum of 4 color "after" photos of the project. 6. A copy of the Certificate of Occupancy/Completion. 7. All in project costs to open or renovate the business for reporting of public to private dollar match By submitting the final reimbursement request, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement that have been used as part of a reimbursement request for any other grant program offered by the BBCRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Property Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible have been paid is sufficient assurance for the BBCRA to award grant funding Initials QN Page 11 of 17 Property Improvement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435—Phone: (561) 600 -9090 www.boyntonbeachcra.com bU IT BEACH RA COMMUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): TalentPartners LLC Current Business Address: 1135 Rialto Dr. Boynton Beach, FL 33436 Fed I D#: 84-4587710 561-565-5400 561-877-9909 Business Phone Number: Cell: Website: www.thetalentpartners.net Existing Business: Yes X No Number of years in existence: 2.5 Time at Current Location: 2.5 New Business to Boynton Beach: Yes No X Do you have an executed lease agreement: Yes X No_ If so, monthly base rent: $2,950 New Business Address (if applicable): 2626 N Federal Hwy, Boynton Beach, FL 33435 Square footage of current location: remote Square footage of new location: 1000 Type of Business: Staffing Agency _ Tier 1 Business: ❑ Tier 2 Business: ❑X Tier 3 Business: ❑ (Tier Classification subject to BBCRA Board Approval) Number of Employees: 4 Hours of Operation: 8:30am - 5:30pm List of improvements seeking reimbursement for: Please see page 20 Requested grant amount: $37,065.29 full build - half would be $18,532.64 Page 12 of 17 Property Improvement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435—Phone: (561) 600 -9090 www.boyntonbeachcra.com bU IT BEACH RA COMMUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Jonathan Millet Date of Birth: 06/03/1990 Email: jon@thetalentpartners.net Residential Address: 1135 Rialto Dr. Boynton Beach, FL 33436 Cell Phone Number: 561-346-2996 2. Principal/Owner Name: Brett Sarubbi Date of Birth: 04/22/1990 Email: brett@thetalentpartners.net Residential Address: 637 NE 12th Ter Apt 4, Boynton Beach, FL 33435 Cell Phone Number: 561-877-9909 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistance under any other program offered by the BBCRA? Yes No X If yes, what additional programs are you applying for: Page 13 of 17 Property Improvement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435—Phone: (561) 600 -9090 www.boyntonbeachcra.com bU IT BEACH RA COMMUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes_ No X If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: Wahoo LLC Landlord's Mailing Address: PO Box 158, Boynton Beach, FL 33425 Landlord's Phone Number: 561-738-4713 CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I Initials Page 14 of 17 Property Improvement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435—Phone: (561) 600 -9090 www.boyntonbeachcra.com bU IT BEACH RA COMMUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in this application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the BBCRA to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the BBCRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Initials Page 15 of 17 Property Improvement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435—Phone: (561) 600 -9090 www.boyntonbeachcra.com n ,ArBOYNTO „ ,44f-nn �t oil" RA COMMUNV . r AGENCY APPLICANT INFORMATION APPLICANT SIGNATUR 1 Prin /O er's Signature Date C Panted Name Title >kfgci a wner's Signature, Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared 3ON "� , who is/are personally known to me or produced "" as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. t Coun IN WITNESS aforesaid on this day OF THE FOREGOING, I have set my hand of and official s al in the tate and ' 20 ,Z7, . PUBLIC My Commission Expires: Page 16 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com k , BOYNT01 041", E AC H mmB RA C'OMMUNWY REDEVELOPMENT AGENCY LANDLORDINFORMATION L L. SIGNATURES: Landlord's signature Date " k1l ri f" Printed l ° Title Z` Land rd'a i • attire ®ate g 'ar r'r r" Printed Title Notary to PrincipaYOwner'sSignatures-Multiple notary pages may be used ifsigning individually STATE Ft c" COUNTY F ' BEFORE ME, an officer duly authorized by law to administer oaths and take ac nowle em nt$, personally appeared � ,� � , who islre personally known to me or produced 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 F THE FORTGOING, I have set my hand and official seal in the Mate and County aforesaid on this 4 day of 20 )T6AR'S FUBI�I ommission Expires, ' f Notary Public�slate of F*ir � 4 ommisslon#GG 95913p P� y mm„Expirm Febb 17,2024 6ondeMd tcorou {)National Notary Assn, Page 0 of Property Improvement ,< a 141411 jsu� 13j1u\�14�b�ts'S+�t t s 100 East Ocean!avenue,4P Floor, Boynton Beach, FE 33435—Phone;(,561 !49,p 4vwwboyntonkrai.cor r n�, -- 7/28/22,8:35 AM PAPA Maps 2 DOROTHYJACKS CFA,AAS .=p P Beach Co ty P perty Appraiser (f ' Search by Owner,Address or Parcel LLJ View Property Record Owners WAHOO LLC 1�drnd7ard Cirli �e c Property Detail .. 2626 N FEDERAL HWY y� Murllicioahty BOYNTON BEACH ' k , .-e +i. . 08434515020000010 � Su,...I; �: LAKESIDE GARDENS IN i4�. �r�977 r, eiT1tl. amzitt`Xn � ,.. Book 16106 G d7irnrck��F Sa e.Da-e=.OCT-2003 W, PO BOX 158 11 iolg G ,.fid, res.,, BOYNTON BEACH FL 33425 0158 I ± _ i1200- U. e. .e STORE/OFFICE/RESIDENTIAL) I Square e e 4134 ; Sales Information , �1,d Sales Date Price f OCT-2003 345000 _ MAR-2003 225000 > > �" _ ,UJa,r y A MAR-2003 529 FEB-1 994 100 JAN-1988 172000 1 p 1 2pt t ' l` Appraisals �" �; �! Tax Year 202101 1 e e... Value=. $250,660 .i-aild Vaiue $337,096 �se a I ..,;..aate. .i Ma .. aiue' $587,756 qJ s� J ' t. ;" All values are as of January 1 st each year Assessed/Taxable values Tax Year 2021 i Assessed ofaiue $587,756 X Amount $0a t � aixadble Value $587 756 to �� 1 � a,u � Lass...... Taxes atawayBlvd— Tax Year 2021 �''AF`�? t 1 s i e Ad t .e m $1 2,471oil, � t e'^ $1558 � r � i ��( q' b x https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434515020000010# 1/1 Project Item Price General Contractor's Quote $ 37,065.29 Less Cabinets and Countertops $ (6,475.00) ADT Security Install $ 426.93 Project Total $ 31,017.22 50% Reimbursement $ 15,508.61 Plus 20%Contingency $ 3,101.72 Final Grant Request $ 18,610.33 F NE Fine Line Construction Contractors, Inc. LINE 6500 Georgia Avenue CONSTRUCTION CONTRACTORS,INC. West Palm Beach, FL 33411 561-582-7880 Office 561-582-7892 Fax TalentParnters 2626 North Federal Highway Boynton Beach,FL Attn:Brett Sarubbi Date: 25-Jul-22 PROPOSAL Quantity Unit Cost TOTAL Demo Existing Vinyl Fl000ring 276 SF $1.85 $510.60 Floor Patching For New Floor 276 SF $2.00 $552.00 Installation Of New Vinly Flooring 276 SF $7.50 $2,070.00 Glass Panel Door 3'x8' 2 EA $1,900.00 $3,800.00 Painting 1 Ls $3,800.00 $3,800.00 Framing& Drywall For Installation Of Pane Glass 1 Ls $750.00 $750.00 Glass Pane In Wall Between Offices 1 Ls $685.00 $685.00 LED Exterior Sinage 1 Ls $11,250.00 $11,250.00 Tint Windows 1 Ls $750.00 $750.00 New Cabinets Cabinets/countertop ineligible 7 LF $425.00 $2,975.00 Quartz Contertop 1 Ls $3,500.00 $3,500.00 TOTAL $30,642.60 OVERHEAD $3,677.11 SUBTOTAL $34,319.71 PROFIT $2,745.58 GRAND TOTAL $37,065.29 Acceptance of Proposal: The above prices,specifications,and conditions are satisfactory and are hereby accepted Signature Date Printed Name Fine Line Construction Contractors,Inc.6500 Georgia Avenue West Palm Beach,FL 33405 Ph 561-582-7800 Fax 561-582-7892 Work Order Summary 11111111111111111111 9 1 9 9 U E O 0 Site Address: Billing Address: TALENTPARTNERS TALENTPARTNERS 2626 N FEDERAL HWY 2626 N FEDERAL HWY BOYNTON BEACH, FL 33435-2454 BOYNTON BEACH, FL 33435 This is not an Invoice. It is a summary of the work completed on 07/25/2022. A final detailed Invoice will be sent separately. @ @ @ b @ @ @ @ @ b UPDATED FINANCIAL DISCLOSURE STATEMENT THERE IS NO FINANCE CHARGE OR COST OF CREDIT(0%APR)ASSOCIATED WITH THE ADT CONTRACT. A. NUMBER OF B.AMOUNT OF EACH PAYMENT TOTAL OF PAYMENTS FOR SERVICES FOR PAYMENTS FOR FOR SERVICES IS $56.70(TOTAL THE INITIAL TERM IS $2,041.20(A. TIMES B.) SERVICES FOR THE MONTHLY SERVICE CHARGE FROM (EXCLUSIVE OF EQUIPMENT AND UP INITIAL TERM IS 36 BELOW) FRONT CHARGES AND ANY APPLICABLE TAXES, FEES, FINES AND RATE INCREASES),ADDITIONAL SERVICE CHARGE DISCOUNTS MAY APPLY, SEE NOTES BELOW. LATE CHARGE—PAYMENT IS DUE PURSUANT TO MY PREPAYMENT— IFI SEE PARAGRAPHS SELECTED BILLING FREQUENCY, PRIOR TO THE START OF PREPAY THE TOTAL 1, 2,4, 16 AND 20 SERVICE. MY FIRST BILL/CHARGE WILL BE SENT/MADE OF PAYMENTS OF THE ADT SHORTLY AFTER MY SERVICE BEGINS.ADT MAY IMPOSE A PRIOR TO THE END CONTRACT FOR ONE-TIME LATE CHARGE ON EACH PAYMENT THAT IS MORE OF THE INITIAL ADDITIONAL THAN TEN (10) DAYS PAST DUE, UP TO THE MAXIMUM TERM OF THIS INFORMATION AMOUNT PERMITTED BY LAW, BUT IN NO EVENT WILL THIS CONTRACT, THERE ABOUT AMOUNT EXCEED $5.00. IS NO PENALTY OR NONPAYMENT, REFUND. DEFAULT AND ACCELERATION. 8 @ @ b QTY EQUIPMENT&SERVICES TOTAL PRICE MONTHLY DUE TODAY RECURRING 1 ADT AIO 7"W/24HR BAT, $0.00 TRANS w 1 LTE,ADT LTE AT&T, $0.00 COMMAND, QU A©2022 ADT LLC dba ADT Security Services.All rights reserved. 1 of 4 1 Installation Package Price $399.00 1 BUNDLED ITEMS $0.00 3 NEXT GENERATION 2 WAY $0.00 WIRELESS 3 DOOR CT-2 WAY- LESS II FOR $0.00 GRI Monitoring Burglar Alarm $32.99 Monitoring 2 Way Voice $0.00 Monitoring Cellguard $7.00 Automation $1.00 ADT Control App $5.00 Quality Service Plan $7.00 Installation/EgUipment/Fees $399.00 Tax' $27913 Total $ 26.93 Installation Balance $0.00 $0.00 Ta x$17"i Mori it,, ririg Total $56.70 $56.70 Total Paid Today $O.00 'The Tax shown above is only an estimate;the final amount will be calculated and detailed on the final invoice. "Installation Balance includes a total discount of$399.00 applied at the point of install. I am aware that my system status is CONNECTED. I understand that I need to test my system each month. I am aware that my billing frequency is Monthly. I have received sufficient system training. A©2022 ADT LLC dba ADT Security Services.All rights reserved. 2 of 4 I have an ADT yard sign and/or decals, or the I know my Personal Identification Code (PIC). technician has arranged for a delivery to my premises. My technician has discussed and offered to assist with I have been shown how to access and use the MyADT the setup of the ADT Smart Skill. site. I acknowledge that I selected PAY IN FULL. I have been shown how to opt into Sharing Preference on MyADT to help me access homeowners insurance discounts. UNLESS I HAVE REJECTED THE FAMILIARIZATION PERIOD BY INITIALING THE APPROPRIATE LINE ON THE CONTRACT, OR I REJECT THE FAMILIARIZATION PERIOD BELOW(EXCEPT WHERE A FAMILIARIZATION PERIOD IS REQUIRED BY LAW), I AGREE THAT DURING A SEVEN (7) DAY FAMILIARIZATION PERIOD, OR LONGER PERIOD IF REQUIRED BY APPLICABLE LAW, FOLLOWING COMPLETION OF THE INSTALLATION (AND DURING ANY APPLICABLE EXTENSIONS)ADT HAS NO OBLIGATION TO,AND WILL NOT, RESPOND TO ANY ALARM SIGNAL FROM MY PREMISES. I ALSO AGREE THAT DURING SUCH PERIOD ADT HAS NO OBLIGATION TO,AND WILL NOT, NOTIFY ANY AUTHORITIES, MYSELF OR MY DESIGNATED REPRESENTATIVE, OR TAKE ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL ADT RECEIVES, EVEN IF DUE TO AN ACTUAL EMERGENCY. O 1 reject the Familiarization Period. I authorize ADT to withdraw all recurring charges for the equipment and installation and ADT services,as well as any contract termination charges and other charges and amounts for which I am liable under my ADT contract,from my bank account or credit card provided to ADT, through an Automated Clearing House (ACH). This authorization will remain in effect until the termination date of my ADT contract or until I cancel the contract, whichever occurs first. I agree to notify ADT The following payment of any changes in my account information at least 15 days prior to the next billing date. I may method has been selected revoke this authorization only by notifying ADT and my bank or credit card company at least 10 for EasyPay: business days before the scheduled debit or charge. If the date or amount of the withdrawal Recurring Monthly changes, or if contract termination charges or other charges (other than recurring charges for Rate ADT services)apply,ADT will notify me at least 15 days prior to the payment being collected. If a CREDIT CARD#: 3596 payment date falls on a weekend or holiday, payment may be executed on the next business day. NAME: JON MILLET If an ACH transaction is rejected for non-sufficient funds(NSF),ADT may attempt to process the EXP DATE: 02/25 charge again within 30 days, and an NSF charge may apply.ACH transactions affecting my account must comply with U.S. law. I am an authorized user of the bank account or credit card account that I authorize ADT to charge, and I will not dispute the payment with my credit card company or bank,so long as the amount corresponds to the terms indicated in my ADT contract. Install completed By signing below, I agree to the following: I have reviewed and agree with the work order information above. I agree to pay the amounts listed above for services, equipment and parts upon completion of the work. A©2022 ADT LLC dba ADT Security Services.All rights reserved. 3 of 4 If I have provided ADT with a credit card or bank account details, I agree that ADT may charge my credit card and/or bank account through an Automated Clearing House for the amounts listed above. I agree that the terms and conditions of my existing Contract with ADT, INCLUDING BUT NOT LIMITED TO THE LIMITATION OF LIABILITY AND WARRANTY, apply to all services and materials provided by ADT, including the services and materials listed above. This order for services and equipment shall form part of and be incorporated into my existing Contract with ADT. I agree to the above terms and conditions. TALENTPARTNERS Customer Name LICENSE INFORMATION:AL Complaints against licensees may be directed to the Alabama Electronic Security Board of Licensure, 7956 Vaughn Rd., Montgomery 36116, (334)264-9388;AK 37950, 5520 Lake Otis Pkwy.,Anchorage,AK 99507;AR CMPY.0002133, Regulated by Arkansas Bd. of Private Investigators & Private Security Agencies,#1 State Police Plaza Dr., Little Rock,AR 72209, (501)618-8600;AZ ROC 312217; CA AC07155, Public Works Contractor 1000046587,Alarm Company Operators are licensed and regulated by the Bureau of Security& Investigative Services, Dept. of Consumer Affairs, Sacramento, CA 95814, The ADT Security Corporation PP0120288, (310)619-2250, 974443; CT ELC.0185782-L5, HIC.0647782; DC DMS902349; FL EF0001121; GA 205326, 205572, 205519, 205939, 205679, 405673, 004349; HI C-32297; ID ELE-SC-2643; IL 124001792; LA F1639, F1654, F1643, F1640; MA 172C; MI 3601207111, 5103229-1400 E.Avis Dr; Madison Heights, MI 48071; MN TS650251; NC 7535P2, 7561 P2, 7561P2M, 7563P7, 7562P10, 7564P4,Alarm Systems Licensing Bd., 4901 Glenwood Ave., Ste 200, Raleigh, NC 27612(919)788-5320; NJ Burg & Fire Business Lic.#34BF00048300, 200 East Park, Ste.200, Mt. Laurel, NJ 08054; NM 17-0040; NV 0077105; 1728; NY 12000305615, Licensed by NYS Dept. of State; OH 53-89-1726; 50-18-0018; 50-25-0023; 50-29-0003; 50-31-0014; 50-48-0008; 50-76-0006; 50-89-0016; 50-89-1285; OK 1995; OR 196560; PA Pennsylvania Home Improvement Contractor Registration Number: PA090797; RI 35683,AF-09040 and BF-09040; TN ACC-1688, 1690, 1691, 1692, 1693, 1694, 1695, 1696; TX B17944-1817 W. Braker Ln. Ste. 400,Austin 78758; Texas Private Security Bureau, 5805 N. Lamar Blvd.,Austin 78752; 0756553, ECR-2186878; HCR-2186886; UT 8289653-6501; VA 11-7348; 11-7345; 11-7354;11-7351;11-7598; 2705147728 Class A Contractor Classification ESC and FAS; WA ADTLLL881 DO, 11824 N Creek Pkwy#105, Bothell, WA 98011; WV 049758 MS 15019511 A©2022 ADT LLC dba ADT Security Services.All rights reserved. 4 of 4 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 CONSENT AGENDA AGENDAITEM: 10.11-11. SUBJECT: Approval of Commercial Property Improvement Grant Program in the Amount of $50,000 to Amar Bakery, LLC d/b/a Amar Bakery& Market located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 14-15 SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial costs associated with the construction, repair, and/or rehabilitation of commercial building improvements. The Commercial Property Improvement Grant Program provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. CRA staff has received a complete grant application from Amar Bakery, LLC d/b/a Amar Bakery & Market located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 14-15, Boynton Beach, FL 33435 (see Attachments I - 11). Amar Bakery & Market represents a modern Lebanese Mediterranean Bistro and Bakery that provides a warm and friendly atmosphere serving unpretentious delicious fare at affordable prices. Amar Bakery & Market is passionate about baking innovative products that taste great and make every eating experience satisfying. In 2016, the previous tenant, Del Sol Bakery received CRA grant funding in the amount of $25,000 for the interior build-out of Unit 15. In 2021, Amar Bakery became the tenant and continued operating the space as a bakery. They are now expanding their bakery operation into the adjacent unit which is currently a gray shell. Amar Bakery & Market is eligible to apply for the grant because the work being done is in Unit 14 which has not received prior CRA grant funding. Additionally, any work that is done to Unit 15 to connect the space to Unit 14 is eligible for grant funding because it has been more than five years since its previous grant award. The Commercial Property Improvement Grant states the grant may only be used one time in any five year period for any one property. An applicant may apply for additional grant funding any time after five years from previous grant approval. As the tenant of a commercial property, the applicant falls under the terms of a Tier I business, as outlined in the grant application. The applicant is seeking reimbursement for the interior renovations and expansion of Unit 15 to include Unit 14. The improvements consist of new electrical, new framing and drywall, new HVAC, plumbing, and a new ceiling. The total cost of eligible property improvements is approximately$137,800 (see Attachment 111). If approved, the applicant is eligible to receive a maximum grant of $50,000 in reimbursable funds provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff for approval. FISCAL IMPACT: FY2021-2022 Budget Project Fund, Line Item 02-58400-444, $50,000 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Property Improvement Grant not to exceed the maximum grant award of $50,000 to Amar Bakery, LLC d/b/a Amar Bakery & Market located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 14-15, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Property Improvement Grant Application D Attachment II - Location Map D Attachment III - Project Quote l Wtn±ca_ BOYNTO =BEAC COMMUNMY REDEVELOPMENT AGENCY October 1, 2021 — September 30, 2022 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERICAL PROPERTY IMPROVEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Property Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the repair and rehabilitation of buildings or other improvements in accordance with the BBCRA Community Redevelopment Plan. Improvements paid for by the BBCRA must be permanent and stay with the building. The BBCRA reserves the right to approve or deny any Commercial Property Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach.The term "existing business" means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The term "project" means the eligible exterior or interior improvement project for which the applicant seeks reimbursement. Initials Page 1 of 17 Property Improvement 100 East Ocean Avenue,4t" Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com The Boynton each BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Property Improvement Grant Program offers financial assistance to the landlord or business owner in the form of a reimbursable, matching grant for 50% of eligible expenses, up to $50,000, associated with the construction or renovation of the exterior and interior elements of the commercial operating space. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at hftp://www.boynton-beach.org/go- green/pace_program.php or by contacting the City of Boynton each at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Applicants are also encouraged to connect with CareerSource Palm each County which is a State organization providing various free programs to assist Palm each County businesses. CareerSource Palm each 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 Career ours Palm each County visit their website at careersourcepbc.com or view the attached brochure. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations ora cies (copies of City and County licenses or receipts that the licenses have been applied for). Initialax_�> Page 2 of 17 Property Improvement 100 East Ocean Avenue,4t" Floor, Boynton Beach, FL 33435-Phone: (561) 600-9090 www.boyntonbeachcra.com • Improvements to non-profit and residentially zoned properties are NOT eligible expenses. • Applicant must have an executed multi-year lease with at least two years remaining on the lease at the time of BBCRA Board approval • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than $250,000 (based on the project's construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a grant application. • Grant funding amounts will be based on the applicant's project budget, specified at the time of the BBCRA Board approval, plus an added 20% contingency funding amount. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Property Improvement Grant Program may only be used one time in any five year period for any one property. Entities hoping to improve properties that were previously improved using a BBCRA improvement grant may apply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding liens, violations or monies owed for utilities, the BBCRA will perform a lien search on the property at a cost of $140.00, which will be deducted from any grant funding awarded to the recipient. Initials Page 3 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • In order to receive the full amount of any awarded grant, the property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach, and submit for reimbursement within 180 days of the issuance date of the permit for the project. (As further described below, applicants may request reimbursement for up to 50% of their grant award prior to completion of the project.) If BBCRA Board approves grant funding and the work being performed does not require a permit, the Certificate of Completion (or equivalent)and application for reimbursement must be within 180 days of the grant award. Failure to complete the improvements within the specified time frame will result in termination of the grant award, at which point the BBCRA will no longer make payments for any reimbursement requests, regardless of whether the request was submitted prior to the termination of the grant. Only one 60 day administrative extension will be permitted, and the BBCRA has the sole and absolute discretion to grant or deny such extension. • Project items completed and paid for by the applicant more than 60 days prior to grant approval by the BBCRA Board are not eligible for reimbursement under the grant program.A complete application must be received within 60 days of payment in order for an expense to be eligible for reimbursement. Once a complete application is received, the application will be placed on the next available agenda for review and potential approval. • BBCRA Board approval of this grant results only in funding. Approval of BBCRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Initials Page 4 of 17 Property Improvement 100 East Ocean Avenue,41h Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Projects and items eligible for funding under this grant program are limited to: • Structural walls • Plumbing • Flooring • Grease trap installation • HVAC system • ADA Improvements • Electrical systems, • Hood & fire • Signage including exterior and suppression . Doors/windows interior lighting • Landscaping and • Parking lot re-paving, • Patio decks irrigation within the re-sealing, and/or connected to the project site restriping building Painting • Fencing (excluding • Demolition of structure • Roofing (Not to chain link, barbed wire, and re-sodding of exceed 50% of and wood panels) vacant property total grant award) • Electric vehicle charging • Solar electricity and • Security stations — See attached water heating — See cameras/system** ReNew PACE Eligible attached ReNew PACE (not including Product List Eligible Product List security personnel) ** Notwithstanding the limitation that grants may only be used once every five years for any one property, previous grant recipients that received less than the maximum amount of grant funding from Commercial Property Improvement Grants or Economic Development Grants are eligible to reapply to receive 50% matching reimbursable funding in an amount not to exceed $3,000 for the installation of new security cameras/systems. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Property Improvement Grant Program: • Massage/Personal Services • Medical Research Centers/Housing • Firearm Sales/Shooting Ranges • Massage/Personal Services • Religion-Affiliated Retail Stores • Churches/places of worships • Non-profit Organizations • Alcohol and/or Drug Rehabilitation • Adult Gambling Arcades Centers/Housing • Check Cashing Stores • Any other use that the BBCRA staff • Adult Entertainment or BBCRA Board determine will not • Vapor/E-Cigarette Stores support the redevelopment of the BBCRA Area Init' Page 5 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com • CBD Retail Stores Grant Terms and Conditions This grant is divided into three tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. All reimbursement checks from the BBCRA to the successful applicant will be made out to the applicant (the business entity). Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval, plus an added 20% for contingency funding. Tier One Business Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $50,000 in grant funding. Tier One Businesses must be one of the following types of business: • Restaurant • Hotels/Motels/Bed and Breakfast • Gourmet Food Market (the Board will grant no more than • Bakery four approvals in this category per fiscal year) Tier Two Business Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $25,000 in grant funding. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home Decor/Design — home • Boutiques — clothing, shoes & furnishings, art galleries, kitchen accessories wares . Law Offices • Accounting Offices • Hair/Nail Salons (no more than two • Real Estate Offices approvals per fiscal year) Initis rF Page 6 of 17 Property Improvement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Marketing Offices • Medical Offices • Fitness Facilities — yoga, dance • Insurance Offices exercise, martial arts, etc. . Take Out Restaurants • Auto Services Facilities — repair, . Tattoo Parlor/Body Piercing/Body storage, sales, etc Art Shop (no more than two • Specialty Retail Businesses — approvals per fiscal year) stationary, gifts, sporting goods • Florists (no more than two • Other commercial fagade oI approvals per fiscal year) improvements Tier Three Business (no more than two approvals per fiscal year) Tier Three Businesses are subject to BBCRA Board for review and approval. Tier Three Businesses eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $15,000 in grant funding. Tier Three Businesses must be one of the following types of businesses: • Kava Tea Bar • Pawn Shops • Convenience Stores: (Fagade . Liquor Store and Security Improvement • Laundry/Dry Cleaner facility only) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease at the time of Board approval. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; Initi s Page 7 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Ability to terminate; and • Consequences of default on the lease. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, Boynton Beach, FL 33435 or downloaded from www.boytonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-serve basis. Application packets must include the following documentation: 1. A non-refundable fee of$100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Provide 2-3 sentence mission statement for the applying business entity. If the applicant is a commercial property owner, provide a brief history of the property and the current tenants of the space. This will be used as a way to introduce your business to the BBCRA Board. 3. Written detailed project budget describing the improvements to be done to the property. 4. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. It must list all project costs for which the applicant is requesting reimbursement. The project budget must provide a total cost of the project. 5. Signage design, project color chips, material samples and material specifications, if applicable. 6. Copy of building permit receipt/application. If the permit has not been applied for prior to submission of the grant application, a copy of the building permit receipt is due within 90 days of grant approval, or the grant award may be terminated. 7. Resume for each principal/owner of the business. 8. Copy of the corporate documents for the applying business entity. Initials Page 8 of 17 Property Improvement 100 East Ocean Avenue,4t" Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 9. Copy of executed multi-year commercial lease agreement. 10.Copy of Warranty Deed. 11.Two years of corporate tax returns (for existing businesses only). 12.Two years of personal tax returns for the principal/owners of a new business. 13.Copy of design and construction plans associated with the proposed improvements. 14.List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 15.A minimum of four color digital "before" photos of the exterior and interior portions of the project. 16.Completed and signed application (attached). 17.Authorization to perform credit check for the business and each principal/owner of the business (attached). 18.W9 Form and Vendor Application (attached). 19.City Planning and Development Department Acknowledgement Form (attached). 20.City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 18 and 19) must be completed and submitted to the appropriate departments, which are located at City Hall 100 East Ocean Avenue, Building Department, Boynton Beach, FL 33435. Phone (561) 742-6000. Approval of Funding Request All required documentation must be submitted_no later than noon two weeks orior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the project is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month at the Commission Chambers located in City Hall at 100 East Ocean Avenue, Boynton Beach, FL 33435. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Initials Page 9 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement This program is designed as a matching 50% reimbursable grant. All work for which reimbursement is sought must be completed and paid for by the applicant prior to the release of BBCRA funds. The applicant may request reimbursement for partial payments throughout the project for up to 50% of grant award. The remaining 50% of grant funding will be held until the project is completed according to the City of Boynton Beach Building Department, and if applicable, a certificate of occupancy has been issued, at which point the applicant may submit a final reimbursement request. The BBCRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the BBCRA (3) days prior to the grant expiration date. The BBCRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the reimbursement request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full." Proposals for "work to be completed" or "bids" are not considered proper documentation. a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. Initia Page 10 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com 2. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). 3. For partial reimbursement requests, a Partial Release of Lien from licensed contractors must be submitted. 4. For the final reimbursement request, the following must also be submitted: a. A"final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 5. A minimum of 4 color "after" photos of the project. 6. A copy of the Certificate of Occupancy/Completion. 7. All in project costs to open or renovate the business for reporting of public to private dollar match By submitting the final reimbursement request, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement that have been used as part of a reimbursement request for any other grant program offered by the BBCRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Property Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible have been paid is sufficient assurance for the BBCRA to award grant funding Initials Page 11 of 17 Property Improvement 100 East Ocean Avenue,4t"Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com BoYNTO womBEAC RA COMMUNUY REDEVELOPMENT AGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): 1 Current Business Address: Fed I D#: t Business Phone Number: Ef Cell: Website: ` ° Existing Business: Yes No Number of years in existence: Time at Current Location: �` New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes No_ If so, monthly base rent: $4,382 New Business Address (if applicable): 1600 N. Federal Hi hwa Unit 14-15 Boynton Beach FL 33435 Square footage of current location: 950 Square footage of new location: 1 ,900 Type of Business: - Tier 1 Business Tier 2 Business: ❑ Tier 3 Business: ❑ (Tier Classification subject to BBCRA Board Approval) Number of Employees: Hours of Operation: List of improvements seeking reimbursement for: -" s0 NA :r Requested grant amount: Page 12 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561) 600-9090 www.boyntonbeachcra.com [RA BOYNTO ' , 11880 B E AC COMMUNrrY REDEVELOPMENT AGENCY A■ ■ LOCANT INFORMATION ■ ION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Date of Birth:Oe> I c>S L (c, Email: c. Residential Address: t as C3, 4 to Cell Phone Number: t 2. Principal/Owner Name: Date of Birth: ° Email -S s A - ` - a Residential Address: t s Cell Phone Number: ti 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistance under any other program offered by the BBCRA? Yes No If yes, what additional programs are you applying for: Page 13 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561) 600-9090 www.boyntonbeachcra.com BOYNT0 , '"'BEACH , RA Noma COMMUNW REDEVELOPMENT AGENCY APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes®No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: Landlord's Mailing Address: Landlord's Phone mber: CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. 1 Initial Page 14 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com BOYNTON""I"- ' ' =BEACHI C,,,,, RA COWUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in this application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. specifically authorize the BBCRA to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. give permission to the BBCRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Initial Page 15 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561) 600-9090 www.boyntonbeachcra.com ,y'3di:.gy � OCRhn., BOYNTO =BEACH"" RA COMMUWY REDEVELOPMENT AGENCY APPLICANT INFORMATION APPLICANT SIGNATURES: 1. Principal/Owner's Signature Date - , 6 - Printed Name Title 2. Principal/Owner's Signature Date e t Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to a=minister oaths and take acknowledgements, personall appeared I _ , who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official eal in the State and County aforesaid on this day of 20 BONNIE NICI�LIEN "-� 'AfYpIII/ N U LIC °o``� �a _Notary Public commission #Hb 87180 My Commission Expires: My Commission F-XW � May 25 2025 _ Page 16 of 17 Property Improvement 100 East Ocean Avenue,4t" Floor, Boynton Beach, FL 33435-Phone: (561) 600-9090 www.boyntonbeachcra.com BOYN =BE RA COMMUNnY REDEVELOPMENT AGENCY LANDLORD INFORMATION LANDLORD SIGNATURES- (I IG T ES: -1(? -o 02 1. glolrds i nal a Date KlA �A'Q I ozi Printed Name Intld 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures -Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared t ; , who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and offs, ' se~ in the State and County aforesaid on this day of20 � N UBLIC y Commission Expires: ,����, BONNtE NICKLIEN ot""YP��,Notary Public-State of Florida =2 c Commission # HH 87189 o-c My Commission Expires ?� ;°�� May 25,2025 Page 17 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 7/25/22, 12:15 PM PAPA Maps 2 DOROTHYJACKS CFA,AAS .=p P Beach Co ty P perty Appraiser Search by Owner,Address or Parcel „ 9i00 ,�r View Property Record Owners OCEAN PALM PLAZA LLC Z Property Detail . ...,,. 1600 N FEDERAL HWY BOYNTON BEACH '- .Parcei No. 08434522200000190 `u ^,: .:YACHTMANS COVE. � m - ISP .t 33180 ' 799 57 r � � = SaeDa = DEC-2021 16950 S JOG RD STE s. 104 l , e.;;;; d 1S his ) -0 DELRAY BEACH FL 334462353 r v.e e 1 100-STORES .. 15250 - ge 1�iti Fl e��m�rr� ri;i�g Square e e e�"`ii ' ta)))) ( Sales Information S� ;` �� R}�eA1 Sales Date Price �� �� c6 t j a��li�et I?=i1 e ,,( - r) r '+ t DEC-2021 7220000 DEC-2014 3412500 r i� j�'+i� � � ,� � Y 1l AUG-2005 4700000 DEC-1984 700000 MAY-1981 180000 1 2 -f p =r vg�e Appraisals t r Tax Year 1 ,;;e e t..we=. $1,534,140and tt iu i S �S t .ue=. $884,489 'e 4ti Market t .ue=. $2,418,62 9 x. �, s` s i. s ' + All values are as ofJanuary 1st ,'�� each year r. .,:., ti Assessed/Taxable values ( t �' f, °� Tax Year 2021 IA d ,?t, A�sesse t .we=. $2,418,629 xe $0 �,, Amount '( IL 4t' _ ax e t e $2,418,629:t, � a � ry Fnfet.t7r Taxes Tax Year 2021 ! Ad t . .em $51,320 1 No rl � Valorem. . $13,046 S �` � �f ,I. 'x �o ,,,�....ax $64,366No I+ j - ��� Murano r �+1 o Bay t7r 2 reu 1AUFaI]O ma Dr https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434522200000190 1/1 PrnPosuiH 2]93 5/24/2022 (WP Nicolas Kurban 1600 N. fed_ BakeryftynoBeach BUILDERS NkohsMamard ye fay.mm Custom HO Buildem/BMB Solutlofts Customhd561@gme11.com' 561-714-6556 QWqO Cutting.concrete forfkrorsink floordrain,grease trap,double sink.hand wash sink, new location oftollet and bathroom sink-layout estimated 120 sq ft-art down wall between,existing bakery-.end remove demo debris Reframe wallfor connection between existing bakery and crew aidditton,new office and baddrkgon wallsforequipmentand repair and install newdrVwall and finish(no fire $8,320.00 rated doors } New area as plan-main line to bmaker room will include within 60 ft otherwise extra charge for additional it and no up meter panel new 200 amp disconnect,with 250 amp breakerbox upgrade, extra We saftey light and position 6 light switches_ (3 cooler evap,3 coolercondensem 2 ac,1 hot water,1 hot recirculating pump, expansion circuits inibox;20 outlets with gff as need,dryer240 circuit,washer circuit, a ntimeclockcooler'facircuit,ftftre potwashercircuit S5LDW.00 1 floor drains and 1 floor sink 1 hand sink 1 work station double sink 1 hot water heater(mounted above ceiling with regulating pump and mix vatm and relombon of bathroom underground plumbing,All work area factures supplied by owner except hot watertankand recirculation pump — $17,W0.00 aernr Compact SOIL termite poison,plastic~rebar every 24 inches estimated S4 dowels epoxied In with a min 6 inch embedment-paurand finish concbete estimob d 120 rift. $4,3,,AI 70 r — o_. Ac and duet work as laid out my Eagmner{price includes credit from white box owner responsfhg! S ton roofto uNt 815 , Installnew drop cegh andnodihmu houtnews:ace $5.760.00 ["antrarsffae tea $YJ C 50.OD TOWIMMSYL 5:.3 f,g(ID.oD city,ainet hrmwoasfbfe for oil eauioment asseedffed bveaubment dimdm suooffrdbyeoaiamenfsrmager Afflaberperfomredbyeontructorcom'Isolyour _W ta"taes2 By signing this you are agreeing to the snipe of work and payment schedule laid out in this proposal Powwnt sdkdrde as folbwr 30%down payment due upon commencingworkO 30%due upon sign off rough Inspection by the city 30%due upon sign off of second Inspection signed off by city 10%due upon passingoffiinal inspection by city TT ' sa lute: i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 CONSENT AGENDA AGENDAITEM: 10.1. SUBJECT: Approval of Commercial Rent Reimbursement Grant Program in the Amount of $21,000 to Amar Bakery, LLC d/b/a Amar Bakery & Market located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 14-15 SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA District boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from Amar Bakery, LLC located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 15 Boynton Beach, FL 33435 (see Attachments I - 11). Amar Bakery & Market represents a modern Lebanese Mediterranean Bistro and Bakery that provides a warm and friendly atmosphere serving unpretentious delicious fare at affordable prices. Amar Bakery & Market is passionate about baking innovative products that taste great and make every eating experience satisfying. In June 2021, Amar Bakery & Market assumed the operations of the previous tenant, Del Sol Bakery and slowing transitioned the business into Amar Bakery & Market. Per the grant guidelines, businesses may apply for the rent reimbursement grant anytime within their first year of business. Existing businesses (in operation for more than one year) must expand to occupy more than 50% of its current square footage in order to apply. Amar Bakery& Market is eligible to apply because they are an existing business expanding more than 50% of their current square footage. Their current unit is 950 square feet and they are expanding into Unit 14 which is also 950 square feet bringing the total rental space to 1,900 square feet. As a bakery, Amar Bakery& Market currently employs eight staff for positions ranging from baker, store manager, customer service and kitchen prep. With the expansion into the adjacent unit, Amar Bakery & Market anticipates hiring eight additional positions ranging from a head pastry chef, bakers, administrative coordinators and dishwashers. Under the terms of their Landlord-Tenant Lease Agreement, the base rent required to be paid by the applicant is $4,382 per month (see Attachment 111). Amar Bakery & Market qualifies as a Tier I business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $1,750 per month for a 12 month period, whichever is less. If approved, Amar Bakery & Market would be reimbursed in the amount of $1,750/month for a period of 12 months or a total grant amount of $21,000 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY2021-2022 Budget, Project Fund, Line Item 02-58400-444, $21,000 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $21,000 to Amar Bakery, LLC d/b/a Amar Bakery& Market located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 14-15, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Rent Reimbursement Grant Application D Attachment II - Location Map D Attachment III - Lease BOYNTO =BEAC RA COMMUNW REDEVELOPMENT AGENCY October 1 , 2021 — September 30, 2022 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation or expansion. The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida 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. I WtJal 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. Initiak 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. Iniil Page 3 of 15 Rent Reimbursement 100 East Ocean Avenue,4t"Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales/Shooting Range • Convenience Store • Religion-Affiliated Retail Stores • Churches/places of worship • Non-profit organizations • Medical Research Centers/Housing • Check Cashing Stores . Tattoo Shops / Body Piercing / • Kava Tea Bars Body Art Shops • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Alcohol and/or Drug Rehabilitation • Pawn Shops Centers/Housing . Any other use that the BBCRA staff • Massage/Personal Services or BBCRA Board determine will not • Auto Services Facilities — repair, support the redevelopment of the storage, sales, etc BBCRA Area • CBD Retail Stores, etc. Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval. Tier One Business Tier One Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or$1,750 per month, whichever is less (maximum amount of the grant is $21,000, distributed in 12 monthly payments). Initial: Page 4 of 15 Rent Reimbursement 100 East Ocean Avenue,4`h Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or$1,250 per month, whichever is less (maximum amount of the grant is $15,000, distributed in 12 monthly payments). Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home D6cor/Design — home • Clothing Boutique — clothing, furnishings, art galleries, kitchen shoes & accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than 2 • Real Estate Offices approvals per fiscal year) • Marketing Offices • Medical Offices • Fitness Centers • Insurance Offices • Laundry/Dry Cleaner facility • Specialty Businesses — stationary, • Florists (no more than 2 approvals gifts, sporting goods per fiscal year) • Take-out Foods Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on the lease at the time of Board approval. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; Initials Page 5 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. For purposes of this paragraph, the term "subject property" means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; 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 Initials Page 6 of 15 Rent Reimbursement 100 East Ocean Avenue,4 1 Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-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. Provide a 2-3 sentence mission statement for the applying business entity. This will be used as a way to introduce your business to the BBCRA Board. 3. Resume for each principal/owner of the business. 4. Copy of the corporate documents for the applying business entity. 5. Copy of City and County Business Licenses (Business Tax Receipt). 6. Copy of executed multi-year commercial lease agreement. 7. Two years of corporate tax returns (for existing businesses only). 8. Two years of personal tax returns for the principal/owners of a new business. 9. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 10.If applicant is an existing business expanding to occupy more than 50% of its current square footage size, verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. 11.Completed and signed application (attached). 12.Authorization to perform credit check for the business and each principal/owner of the business (attached). 13.W9 Form and Vendor Application (attached). Initials Page 7 of 15 Rent Reimbursement 100 East Ocean Avenue,4t" Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 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 evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA 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. Initial Page 8 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com In order to receive monthly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that month's reimbursement or proof of direct deposit). If applicant does not submit its month l reimbursement request within 30 days following the end of the next month in which acclicant is requesting reimbursement, applicant forfeits that month's reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant or applicant's landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant's submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the BBCRA to award grant funding. Initial Page 9 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com BOYNTOX I ="BEAC RA me3 COMMUNffY REDEVELOPMENT APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (and d/b/a if applicable): d.b.a. Current Business Address: r RE - - - Fed I D#:_C_3 _ Business Phone Number: j - Fax: Website: ' ' C 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 7 -- No If so, monthly base rent: nit IA = .$2168 l lnit 15 = $2,214 Total =$4,382 New Business Address: Square footage of current location: 950 - Square footage of new location: 1 ,900 Type of Business: prt�A 4o Number of Employees: Hours of Operation: ' Page 10 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561) 600-9090 www.boyntonbeachcra.com a= � n»mz,, BoYN N R,A ""OBE Nam A■ ■ LICAN ■ INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: ' ctz' r Date of Birth: Ce ) (o( Email: n .. - y cc>(ter Residential Address: Cell Phone Number: 4 2. Principal/Owner Name: 7 Date of Birth: t - Email: k . Residential Address: 9 e,L- I - 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 BOYN - RA B E I Noma COMMUNffY REDEVELOPMENT AGENCY APPLICANT INFORMATION Are you applying for qrant assistance under any other program offered by the BBCRA? Yes ZNo 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: luqtp . Landlord's Phone umber: 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 s� k BOYNTO I BEACH .,', RA COMMUNFrY REDEVELOPMENT AGENCY APPLICANT INFORMATION Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer furthering the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Page 13 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561) 600-9090 www.boyntonbeachcra.com J BOYNTO "'BEAC RA COMMUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION APPLICANT SIGNATURES; .® 1. ,, - Principal/Owner's Signature Date r.. ` - C-4 Printed Name Title 2. -4�aJ Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME,an officer duly authorized by Icjw to administer oaths and take acknowledgements, personally appeared_ -_ _-, who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official eal in the State and County aforesaid on this day of �T , 2 BONNIE NICKLIEN NO C a',Notary Public-State of Florida My Commission Expires: =A •� Commission #i HH 87189 My Commission Expires May 25,2025 of 15 Rent Reimbursement 100 East Ocean Avenue,4t" Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com nrb BOYNTON1 =BEACHIc- RA COMMUNffY REDEVELOPMENT AGENCY LANLORD INFORMATION LANDLORD IGNA E 1. o Z,7, kdrd's S'i �n a t upate I �= 5 A-� - Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures -Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared , who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGO G, I have set my hand and official seal in the State and County aforesaid on this day of —2 0 -� � BON N I E N IEN PUBLIC --- .. ,otP"YP�Bi,Notary Public-state of Florida % Commission # HH 87189 4 My Commission Expires y Commission Expires: %�oF,oFY►►0 May 25,2025 Page 15 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 7/25/22, 12:15 PM PAPA Maps 2 DOROTHYJACKS CFA,AAS .=p P Beach Co ty P perty Appraiser Search by Owner,Address or Parcel „ 9i00 ,�r View Property Record Owners OCEAN PALM PLAZA LLC Z Property Detail . ...,,. 1600 N FEDERAL HWY BOYNTON BEACH '- .Parcei No. 08434522200000190 `u ^,: .:YACHTMANS COVE. � m - ISP .t 33180 ' 799 57 r � � = SaeDa = DEC-2021 16950 S JOG RD STE s. 104 l , e.;;;; d 1S his ) -0 DELRAY BEACH FL 334462353 r v.e e 1 100-STORES .. 15250 - ge 1�iti Fl e��m�rr� ri;i�g Square e e e�"`ii ' ta)))) ( Sales Information S� ;` �� R}�eA1 Sales Date Price �� �� c6 t j a��li�et I?=i1 e ,,( - r) r '+ t DEC-2021 7220000 DEC-2014 3412500 r i� j�'+i� � � ,� � Y 1l AUG-2005 4700000 DEC-1984 700000 MAY-1981 180000 1 2 -f p =r vg�e Appraisals t r Tax Year 1 ,;;e e t..we=. $1,534,140and tt iu i S �S t .ue=. $884,489 'e 4ti Market t .ue=. $2,418,62 9 x. �, s` s i. s ' + All values are as ofJanuary 1st ,'�� each year r. .,:., ti Assessed/Taxable values ( t �' f, °� Tax Year 2021 IA d ,?t, A�sesse t .we=. $2,418,629 xe $0 �,, Amount '( IL 4t' _ ax e t e $2,418,629:t, � a � ry Fnfet.t7r Taxes Tax Year 2021 ! Ad t . .em $51,320 1 No rl � Valorem. . $13,046 S �` � �f ,I. 'x �o ,,,�....ax $64,366No I+ j - ��� Murano r �+1 o Bay t7r 2 reu 1AUFaI]O ma Dr https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434522200000190 1/1 It OCEAN PALM PLAZA 1550-1600 North Federal Highway Boynton Beach,Florida 33445 Dear Tenant: Please be advised that on this date, Yachtsmans Properties, LLC, a Delaware limited liability company, authorized to do business in Florida (the."Prior Owner"), has transferred oAmership of the property referenced above to Ocean Palm Plaza, LLC, a Florida limited liability company (the "New Owner''). All correspondence regarding your Lease should hereafter be sent to the Ocean Palm Plaza,LLC Attn: XZ7 Michael Saha,Sr. (917-81.6-5544)at 16950 South Jog Road, Suite 104,Delray Beach, Florida 33446. The New Owner has assurned all obligations of the lease and all security deposits not applied by the landlord wider your lease have been delivered to the New Owner. Please send all rental payments under the lease, commencing January 1, 2022, payable to Ocean Palm Plaza,LLC. Finally, please provide an updated Proof of Insuratice awnitig Ocean Palm Plaza,LLC as an additional insured. Thank you for yotir assistance in this matter. Yachtsman,Prloernes, a Delaware1imited- ity co a authorized to s i or a By: A ii SABA CENTERS Michael J Saba Sr &917.816.5544 President � michae[sr@sabacenters-com LEASE This Lease (the "Lease"), entered into on&&,m�m= aW between YACHTSMANS PROPERTIES, LLC, a Delaware limited liability company,having its principal place of business c/o Stajus Consulting, LLC, 80 Business Park Drive, Suite 103, Armonk, NY 10504, referred to as "Lessor,"and Amar Bakery,LLC, a Florida LLC having its principal place of business at 17070 Boca Club Blvd,Unit 1,Boca Raton,Florida 33487 referred to as "Lessee." SECTION ONE DESCRIPTION OF PREMISES Lessor leases to Lessee the store premises (the "Premises") shown as "Unit 14" on the Site Plan attached hereto as Exhibit A located in "Ocean Pahn Plaza — Building 1600" at 1600 North Federal Highway, Boynton Beach, Florida (the "Shopping Center"). (Lessor reserves the right in its sole discretion to change the name of the Shopping Center at any time,with or without notice to or approval of Lessee). SECTION TWO TERM The term of this Lease("Term"or"Lease Tenu")is approximately five(5)years,beginning on the Delivery Date (as defined in Section Four(the "Commencement Date"), and terminating on the Termination Date of the Lease for 1600 for the Unit located at 1600 N Federal Hwy, Unit 15, Boynton Beach, Florida, for which Lessee is also the Tenant. (the "Termination Date"), unless the Lease is extended as provided in Section Thirty-One. Any Extension Term, properly exercised, shall become part of the Lease Term for all purposes hereunder. SECTION THREE FIXED RENT AND OTHER CHARGES A. FIXED RENT. Lessee shall pay Lessor Fixed Rent, in advance, without any offset or deduction on the first day of each month of the Term in the following amounts (which amounts do not include applicable Florida Sales Tax, which in all events shall be paid by Lessee): 777,j77,7 1 $19m $18,683 $1,557 $7,328 $611 $26,010 $2,168 2 $19.70 $19,243 $1,604 $7,328 $611 $26,571 $2,214 3 $20.29 $19,821 $1,652 $7,328 $611 $27,148 $2,262 4 $20.90 $20,415 $1,701 $7,328 $611 $27,743 $2,312 5 $21.52 $21,028 $1,752 $7,328 $611 $28,355 $2,363 Annual CAM is an estimate.See Lease for further details. B. RENT COMMENCEMENT DATE. Lessee shall begin all payments of Fixed Rent and other charges on the Rent Commencement Date, which shall be Ninety (90) days from the date that a tenant improvement work permit is issued for the subject Unit by the City of Boynton each,Florida. C. INITIAL OPERATING EXPENSES: $7.5 per square foot per annum ($0.625 per square foot per month), payable in monthly installments on the first day of each and every month during the Term(subject to periodic adjustment pursuant to Section 8). Lessee's Proportionate Share of Operating Expenses shall be fifteen percent(5.7%),which share is derived by dividing the number of gross rentable square feet contained in the Premises (stipulated to be 977 square feet)by the"Gross Rentable Shopping Center Square Footage" (17,058), which is the aggregate number of square feet contained in the Shopping Center being used for retail purposes. Lessor may adjust the Gross Rentable Shopping Center Square Footage to account for outparcels shown on the Site Plan to account for the fact that such tenant(s)or occupant(s)may pay or incur certain Operating Expenses directly. D. SECURITY DEPOSIT: $2,168. The Deposit shall be held as security for the payment of Rent, and for performance of all other terms, covenants and conditions of Lessee hereunder; the amount of the Deposit, without interest, shall be repaid to Lessee after the Termination Date,provided Lessee shall have performed all terms, covenants and conditions under this Lease. Upon any Event of Default by Lessee, all or part of the Deposit may, at Lessor's sole discretion, be applied on account of such default, and thereafter Lessee shall promptly restore the resulting deficiency in the Deposit. The Deposit may be co-mingled by Lessor with its own funds. Lessee acknowledges that the Deposit is not to be construed as prepaid Rent by Lessee for any rental period during the Term- The Deposit is in addition to, and not a substitute for any statutory landlord's lien provided under law. E. DUE ON SIGNING: $7,010.61,representing the following: G�rcomvWrlo^ CA 1 month $1,557 Security $2,168-1%X CLA- last month $1,752 -bLt d�t Comf V-�,.rs. 2 months CAM $1,221.25 - tXXA* eotqj�6r, &j WAO r k� Taxes $312.60 TOTAL $ 7,010.61 14 LOD F. PAYMENT; LATE FEES: Fixed Rent, Operating Expenses and any other payments due under this Lease(whether or not designated as"Additional Rent"hereunder)shall be collectively referred to as"Rent". Lessee shall pay Lessor the Fixed Rent and Operating Expenses in monthly installments as defined above, (plus any applicable Florida Sales Tax), beginning on the Rent Commencement Date, with succeeding payments as called for in the Lease due on the I" day of each subsequent month during the Tenn of the Lease. Late Fees equal to the greater of Two Hundred Dollars ($200.00) or ten percent (10%) of the past due amount,plus interest calculated at the rate of 1.5%per month(or if less,the maximum amount allowed under applicable law)shall be assessed if Rent(or any portion thereof)is not received by the 5"'of the month in which it becomes due.In addition to the foregoing Late Fees,bad checks shall also incur an administrative charge of Fifty Dollars ($50.00),plus any fee imposed on Lessor by its bank or financial institution. 2 SECTION FOUR CONDITION OF THE PREMISES Lessor shall deliver the Premises to Lessee with all of Lessor's Work (as described in Exhibit B attached hereto) substantially complete no later than the Outside Delivery Date (as defined in Section Seven). Unless Lessor is delivering possession on execution of this Lease,Lessor agrees to provide Lessee with at least three (3) days notice of the date on which Lessor intends to deliver the Premises, which date shall be known as the "Delivery Date". Lessor and Lessee stipulate that the Premises will consist of the number of square feet of leaseable area set forth in Section Three (C),. Except for Lessor's Work, the Premises shall be delivered in strictly "AS-IS, WHERE IS" condition and Lessee shall accept the same in the condition existing on the date delivered without claims for repairs or improvements. Acceptance of the Premises by Lessee shall be construed as recognition that the Premises are in a good state of repair and in sanitary condition on the date delivered, which Premises are hereby accepted by the Lessee. Lessor makes no express or implied warranty or representation as to the fitness of the Premises for Lessee's intended use, nor the existence or operation of other tenants or occupants within the Shopping Center, nor the condition of any systems or services serving the Premises, including without limitation the HVAC or any utility service. Lessee shall arrange and pay for all utilities furnished to the Premises for the Term of this Lease, including, but not limited to, electricity, gas, water, sewer, and telephone service. Lessor must approve Lessee's construction plans for its initial build-out in writing before Lessee may begin any work in the Premises. SECTION FIVE USE OF PREMISES; RESTRICTIONS ON USE Lessee may use the Premises for the purposes of a"Neighborhood Bakery" (the"Permitted Use"),and for no other use or purpose. The Permitted Use shall include the preparation and sale, for wholesale AND retail, of items regularly found in a simiarlly situated neighborhood bakery that shall include but not limited to the following: breads, cakes, cookies, pies, cupcakes etc, and those items sold by the previous tenant, "Del Sol Bakery" prior to the tenancy of Lessee. The Permitted Use shall also be allowed to sell beverages such as coffee,tea, soft drinks,but the sale of such items shall not exceed 20%of the gross floor space of the Premises. Lessee shall operate under the trade name "Amar Bakery"and shall not change such trade name without the prior consent and approval of Lessor which may be granted or withheld in Lessor's sole discretion. Lessee shall restrict its use to such purpose, and shall not use or permit the use of the Premises for any other purpose without the prior, express, and written consent of Lessor or Lessor's authorized agent. Lessee shall not use the Premises in any manner that will increase risks covered by insurance on the Premises and/or result in an increase in the rate of insurance or a cancellation of any insurance policy, even if such use may be in furtherance of Lessee's business purposes, or allow a lien or other encumbrance to attach to Lessor's estate. In no event shall Lessee violate any of the Exclusive and Prohibited Uses listed on Exhibit C. Lessee shall not keep, use, or sell anything prohibited by any policy of fire insurance covering the Premises, and shall comply with all recommendations and requirements of the insurers applicable to the Premises and necessary to keep in force the casualty and liability insurance. Lessee agrees to initially open for business no later than thirty (30) days following the Rent Commencement 3 Date, and continuously operate its business in the Premises fully stocked, staffed and fixtured, during regular business hours (at least 9 am to S pm Monday through Saturday) during the entire Lease Terra. Notwithstanding the foregoing, Lessee shall have the right to expand the selection of"for sale" items in the Unit beyond Permitted Use, as delineated above. The expanded selection shall be limited to those items ordinarily found in a gourmet style food market such as, prepared foods, premium wine and beers that complement the food offerings, etc. However, the expanded selections must not exceed 20% of the overall items offered for sale, and must not directly compete with other established businesses located at 1550-1600 N Federal Hwy, Boynton Beach Florida. It is at the sole discretion of Lessor to determine what constitutes "direct competition." Lessor shall consider increasing the scope of the "expanded selection" as outlined above,but approval of the expansion must be received in writing from Lessor to Lessee pursuant to the terms of the Lease. SECTION SIX WASTE,NUISANCE,AND COMPLIANCE WITH LAWS Lessee shall not allow any waste or nuisance on the Premises, nor use or allow the Premises to be used for any unlawful purpose or in an unlawful manner. Lessee shall comply with all laws, rules, regulations or ordinances governing the Premises, shall obtain and keep in full force and effect all occupational, sales tax or other licenses required by any governmental agency having authority over Lessee's business, and shall pay all dues, fees, taxes or other charges imposed on Lessee's business by any authorized governmental authority. SECTION SEVEN DELAY IN DELIVERING POSSESSION This Lease shall not be rendered void or voidable by the inability of Lessor to deliver possession to Lessee on any specified date. Lessor shall not be liable to Lessee for any loss or damage suffered by reason of any delay;provided, however, that in the event,for any reason,Lessor does not substantially complete Lessor's Work and deliver the Premises by March 15, 2022 ("Outside Delivery Date"), the Rent Commencement Date,and the Lease Commencement Date, shall be extended one(1)day for each day of delay in completing Lessor's Work. No extension of this Lease shall result from a delay in delivering possession. SECTION EIGHT OPERATING EXPENSES A. The term "Operating Expenses" shall mean all costs and expenses incurred by or on behalf of Lessor in operating, managing, maintaining and repairing the Shopping Center, including, without limitation, all costs with respect to insurance expenses, real estate taxes (whether general or special, ad valorem or otherwise), all costs and expenses of operating,managing,maintaining,repairing and replacing, signing, cleaning, painting and striping of the Shopping Center (including, without limitation, the cost of uniforms, equipment and employment taxes); payroll burden of all employees (payroll taxes and employee benefits); security; alarm, surveillance and life safety systems;janitorial services; maintenance of sprinkler systems; removal of water, trash and debris; payments required by governmental authorities; costs and expenses in connection with maintaining governmental authority ambient air and environmental standards; 4 the costs of all materials, supplies and services purchased or hired therefore; operation of public toilets; maintenance, repair and replacement of the roof, utility systems serving the Shopping Center including, without limitation, water, sewer and storm water lines and other utility lines, pipes and conduits; management fees, costs and expenses of inspecting and depreciation of machinery and equipment used in the operation and maintenance of the Shopping Center and personal property taxes and other charges (including,but not limited to,financing,leasing or rental costs)incurred in connection with such equipment; costs and expenses of capital repairs and replacements to the Shopping Center,including,without limitation, lighting and shrubbery; costs of providing water, sewer, power and other utilities to the Shopping Center; the cost of any capital improvements made to the Shopping Center by Lessor that reduce other Operating Expenses or made to the Shopping Center required under any governmental requirement;and administrative costs attributable to the Shopping Center for on-site personnel and an overhead cost equal to fifteen percent (15%) of the total costs and expenses of operating and maintaining the Shopping Center. Lessor may elect to amortize any of the foregoing costs and expenses over such period as Lessor shall determine together with interest at the rate of fifteen percent(15%)per annum. B. Commencing on the Rent Commencement Date (the date of this Lease), Lessee shall pay, with each monthly installment of Fixed Rent, one-twelfth (1112) of Lessee's Proportionate Share of annual Operating Expenses. Such amounts shall be calculated by Lessor based upon the prior (calendar or fiscal, at Lessor's sole election) year actual amounts incurred by Lessor with respect to such Operating Expenses and Lessor shall include an amount reasonably estimated by Lessor toward any increase in such charges for such succeeding years. Lessor may at any time increase such estimate of the Operating Expenses in accordance with the provisions of this Section.Upon determination by Lessor of the actual amounts incurred by Lessor during the then current year for such charges, Lessee shall pay upon demand the amount of any deficiency in such estimated payments toward the actual amounts incurred therefor by Lessor, and Lessor shall credit any overpayment by Lessee toward the next accruing monthly payments for such charges until fully recouped. Lessee's obligation to pay the Additional Rent pursuant to this Section which accrues during the Term shall survive expiration or earlier termination of this Lease. After the end of each calendar year during the Term, Lessor shall furnish to Lessee a statement in reasonable detail of the actual costs and expenses related to the Operating Expenses payments, and there shall be an adjustment between Lessor and Lessee,with payment to or repayment by Lessor,as the case may require.Any required repayment by Lessor may be accomplished, at Lessor's option, by crediting the amount of overpayment against Fixed Rent or future monthly payments of Operating Expenses (or any portion thereof as determined by Lessor) which may be or become owed by Lessee, and shall be deemed conclusive between the parties. Such statement may also contain an estimate by Lessor of the Operating Expenses payments for the next succeeding year, and Lessor may adjust from time to time the estimated payments of Operating Expenses. Until such time as Lessor provides a statement adjusting the estimated Operating Expenses payments,Lessee shall continue to make payments in the amount of the prior estimated amount from Lessor, subject to adjustment pursuant to this Section, and upon notification of the increase by Lessor, Lessee shall pay the full amount of the increase which is due for any prior months during the adjusted period and thereafter continue to make payments at the adjusted amount. SECTION NINE REPAIRS AND MAINTENANCE A. Lessor shall maintain the roof, foundation and structural soundness of the exterior walls (excluding all 5 windows and doors) of the buildings and the Common Areas located in the Shopping Center. B_ Lessee shall, at its sole cost and expense, maintain, repair and replace all other parts of the Premises in good condition and repair including, without limitation, all utilities, fixtures, mechanical, electrical, plumbing systems and equipment located in, on or about the Premises, and the heating, ventilating and air conditioning ("HVAC") system(s) servicing the Premises. Lessee, at its sole cost and expense, shall keep and maintain the Premises and the areas immediately surrounding the Premises, at all times in a neat, clean and sanitary condition (including the removal and/or disposal of any trash) and in accordance with all governmental requirements, and Lessee shall, at its sole cost and expense, repair and replace all damage to the Premises caused by Lessee and its agents, officers, employees, contractors and invitees. If Lessee fails to comply with the above obligations and such failure continues for three (3)days after notice from Lessor, Lessor may perform, but is not obligated to perform, any such Lessee obligation, and the cost thereof shall be paid by Lessee as Additional Rent within ten(10)days of demand from Lessor. It is the parties intention that the Lease be a "net lease", and Lessee shall pay, in addition to Rent, all costs and expenses related to the Premises, including without limitation, all maintenance, repair and replacement expenses, except as specifically provided to the contrary in this Lease. Lessee shall throughout the Term maintain a service contract with an air conditioning repair firm approved by Lessor, at Lessee's sole cost, for the regular and emergency maintenance and repair and replacement of the HVAC systems servicing the Premises, including, without limitation, the periodic cleaning of the coils of the HVAC unit. Neither Lessee nor Lessee's employees, agents contractors or invitees shall be permitted access to the roof of the Premises or Shopping Center. Additionally, if the HVAC system(or other utility equipment) is damaged by vandalism, fire, lightning or other casualty, Lessee shall be responsible for the cost of repair(and if necessary,replace) the equipment. Lessee's sole right of recovery shall be against Lessee's insurers for loss or damage to stock, furniture and fixtures, equipment, improvements and betterments. For any work that Lessee is responsible under this Lease which involves access to and/or penetration of the roof surface, without limiting Lessor's right to approve any alterations or work (and contractors performing the same) as provided in Sub-section (C)below, Lessee shall provide Lessor prior written notice and shall employ Lessor's contractor at Lessee's sole cost.Notwithstanding anything to the contrary contained in this Lease,Lessee shall not be permitted to perform any structural alterations or repairs to the Premises, and at Lessor's sole election either Lessor or Lessor's designated contractor shall perform, at Lessee's sole cost and expense, any such structural alterations and repairs. As a part of Lessee's general maintenance obligation, Lessee shall enter into an annual contract with a licensed,bonded and insured pest control contractor reasonably acceptable to Lessor, fully licensed to inspect and treat for pests,which shall provide services as dictated by Lessee and as Lessor may reasonably require from time to time. Upon demand by Lessor, Lessee shall furnish to Lessor a copy of the pest control maintenance contract described above. Nothing stated hereinabove shall limit Lessee's obligation to maintain the Premises free of pests throughout the Term.Lessee shall also close out any permits pulled by or on behalf of Lessee. C. Lessee shall not make any alterations to the Premises without the prior written consent of Lessor. Lessor shall not unreasonably withhold its consent to any interior, nonstructural alterations, but Lessor may withhold or deny its consent to any exterior alterations, or to any alterations which affect the roof, structure or mechanical electrical or plumbing facilities serving the Premises in its sole discretion. In any event, Lessor must approve any contractors Lessee may engage to perform any alterations in, on, or about the Premises. D. In order to comply with the provisions of Section 713.10 Florida Statutes, it is specifically provided that neither Lessee nor anyone claiming by,through or under Lessee, including, without limitation, contractors, 6 subcontractors, materialmen, mechanics and laborers, shall have any right to file or place any kind of lien whatsoever upon the Premises or the Center or any improvement thereon, and any such liens are specifically prohibited. All parties with whom Lessee may deal are put on notice that Lessee has no power to subject Lessor's interest to any claim or lien of any kind or character, and all such persons so dealing with Lessee must look solely to the credit of Lessee, and not to Lessor's interest or assets. Lessee shall put all such parties with whom Lessee may deal on notice of the terms of this Section. If at any time a lien or encumbrance is filed against the Premises or the Center as a result of Lessee's work,materials or obligations, Lessee shall promptly discharge said lien or encumbrance, and if said lien or encumbrance has not been removed within ten(10)days from the date it is filed,Lessee agrees to deposit with Lessor cash in an amount equal to one hundred fifty percent (150%) of the amount of any such lien or encumbrance, to be held by Lessor(without interest to Lessee)until any such lien or encumbrance is discharged. SECTION TEN SURRENDER OF PREMISES Lessee shall surrender the Premises at the end of the Term,or any renewal of such Term,in the same condition as when Lessee took possession,allowing for reasonable use and wear. Before surrender,Lessee shall remove all business signs placed on the Premises by Lessee and restore the portion of the Premises on which they were placed in the same condition as when delivered by Lessor. Lessor shall have the right 90 days prior to the termination of this lease (or at any time Lessee is in default of its obligations under this Lease) to place "FOR RENT" signs (or their equivalent) in or on the Premises. In the event that, at any time after the execution of this Lease, the Shopping Center becomes subject to a site plan revision (a "Redevelopment") affecting the Shopping Center and all or any portion of the remaining block on which the Property is located, Lessor and Lessee agree that Lessor may give Lessee written notice ("Lessor Early Termination Notice") of its election to terminate the Lease effective at least ninety (90) days following the date lessor's Early Termination Notice is delivered to Lessee. The Notice shall state the effective date of the termination. Lessor agrees that as of the issuance of Lessor's Early Termination Notice, Lessee shall be entitled to compensation (the "Buyout Fee") for the unamortized value of Lessee's improvements to the Premises. The amount of the Buyout Fee shall be based on the effective date of the termination as set forth in Lessor's Early Termination Notice. The Buyout Fee shall be paid to Lessee within ten (10) business days following the surrender of the Premises to Lessor in the condition required by the Lease. SECTION ELEVEN PARTIAL DESTRUCTION OF PREMISES Partial destruction of the Premises shall not render this Lease void or voidable, nor terminate it except as specifically provided in this Lease. If the Premises are partially destroyed during the Term of this Lease, Lessor shall repair them when such repairs can be made in conformity with governmental laws and regulations,within 180 days of the partial destruction. Written notice of the intention of Lessor to repair shall be given to Lessee within 60 days after any partial destruction. Fixed Rent will be reduced proportionately to the extent to which the repair operations interfere with the business conducted on the Premises by Lessee. If the repairs cannot be made within the time specified above, Lessor shall have the option to make them within 7 a reasonable time and continue this Lease in effect with proportional rent rebate to Lessee as provided for in this Lease. If the repairs cannot be made in 180 days, and if Lessor does not elect to make them within a reasonable time, either party shall have the option to terminate this Lease. Disputes between Lessor and Lessee relating to provisions of this section shall be arbitrated.The parties shall each select an arbitrator, and the two arbitrators selected shall together select a third arbitrator. The three arbitrators shall determine the dispute, and their decisions shall be binding on the parties. The parties shall divide the costs of arbitration equally between them. SECTION TWELVE ENTRY ON PREMISES BY LESSOR Lessor reserves the right to enter on the Premises at reasonable tinges to inspect them, perform required maintenance and repairs, or to make additions, alterations, or modifications to the Common Areas or to any part of the building in which the Premises are located, and Lessee shall permit Lessor to do so. Lessor may erect scaffolding, fences, and similar structures, post relevant notices, and place moveable equipment in connection with making alterations, additions, or repairs, all without incurring liability to Lessee for disturbance of quiet enjoyment of the Premises,or loss of occupation or use of the Premises. Lessor will have the right(i)to establish, modify and enforce reasonable rules and regulations from time to time with respect to the Common Areas; (ii) to enter into, modify and terminate agreements pertaining to the use and maintenance of the Common Areas; (iii) to close temporarily portions of the Common Areas; and (iv) to do and perform such other acts in and to said areas and improvements as Lessor shall determine. SECTION THIRTEEN SIGNS, AWNINGS, AND MARQUEES INSTALLED BY LESSEE Lessee shall not construct or place signs, awnings, marquees, or other structures projecting from the exterior of the Premises without the prior, express, and written consent of Lessor, which consent may be granted or withheld in Lessor's sole and absolute discretion. Subject to municipal code approval (to be obtained by Lessee),Lessor hereby approves Lessee's signage as shown on Exhibit D.Lessee shall remove signs,displays, advertisements, or decorations it has placed on the Premises that, in the opinion of Lessor, are offensive or otherwise objectionable in Lessor's sole opinion. If Lessee fails to remove such signs, displays, advertisements, or decorations within 5 days after receiving written notice from Lessor to remove them, Lessor reserves the right to enter the Premises and remove them at the expense of Lessee.In any event,Lessee shall conform any signs to the Sign Criteria then in effect for the Shopping Center. Except as provided herein and approved by Lessor, Lessee shall have no other rights to have any other signage or other identification displayed in the Shopping Center. Lessee shall be entitled to maintain a sign panel on the Shopping Center Pylon in the size and location shown on Exhibit D. Such panel shall conform to the manufacturer's specifications for the pylon structure, and shall be manufactured,delivered, and installed at Lessee's sole expense.Lessor reserves the right to require Lessee to use Lessor's sign company to install Lessee's panel. Lessee shall maintain, repair, and replace (as necessary) its panel on the pylon, and Lessee agrees to replace such panel if, in Lessor's opinion, such panel becomes faded, broken, cracked, or otherwise in disrepair. If Lessee fails to replace such panel within thirty (30) days following Lessor's written notice, or if Lessee is in default of this Lease beyond any applicable notice and cure periods, Lessor may remove Lessee's panel (at Lessee's expense) and replace the same with 8 a blank panel, or at Lessor's option a panel identifying another tenant or occupant of the Shopping Center. Lessee shall file the required store sign applications with the City of Boynton Beach within 30 days of the date of this Lease,and shall install the store sign within 30 days of receipt of a permit from the City of Boynton Beach to install the store sign. SECTION FOURTEEN BUSINESS SALE SIGNS Lessee shall not conduct"Going out of Business,""Lost Our Lease,""Bankruptcy,"or other sales of a similar nature on the Premises without the prior written consent of Lessor. In no event shall Lessee erect or maintain any permanent or temporary signage (i.e., "reader boards", billboards, "lollipop" signs, mobile marquee, vehicles bearing signage identifying Lessee) in or on the Premises or the Common Area, without the prior written approval of Lessor,which may be withheld in Lessor's sole discretion. SECTION FIFTEEN NONLIABILITY OF LESSOR/EXCULPATION Lessor shall not be liable for liability or damage claims for injury to persons or property from any cause relating to the occupancy of the Premises by Lessee,including those arising out of damages or losses occurring on sidewalks and other areas adjacent to the Premises during the Term of this Lease or any extension of such Term. Lessee shall indemnify Lessor, its agents, employees, officers and directors, to the greatest extent permitted by the laws of the State of Florida from any and all liability, loss, or other damage claims or obligations resulting from any injuries or losses of any nature, directly or indirectly related to the Lessee's use and occupancy of the Premises, including, without limitation,any claims arising in common or other areas of the property of the Lessor. The obligations of Lessor under this Lease do not constitute personal obligations of Lessor or its individual partners, shareholders,directors, officers, employees and agents,and Lessee shall look solely to Lessor's then existing interest in the Premises,and to no other assets,for satisfaction of any liability in respect of this Lease, and will not seek recourse against Lessor's individual partners, shareholders,directors, officers, employees or agents, or any of their personal assets or those of any related entity for such satisfaction. No other properties or assets of Lessor or any related entity shall be subject to levy, execution, or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Lessee arising out of or in connection with this Lease, the relationship of landlord and tenant, or Lessee's use of the Premises.Lessee's sole right and remedy in any action concerning Lessor's reasonableness(if and where the same is required under this Lease) shall be an action for either declaratory judgment or specific performance. SECTION SIXTEEN LIABILITY INSURANCE Lessee shall procure and maintain in force at its expense during the Term of this Lease and any extension of 9 such Term, public liability insurance (and liquor liability insurance, if applicable) with insurance companies and through brokers approved by Lessor. Such coverage shall be adequate to protect against liability for damage claims through public use of or arising out of accidents occurring in or around the Premises, in a minimum amount of$1,000,000 for each person injured, 53,000,000 for any one accident, and S 1,000,000 for property damage. The insurance policies shall provide coverage for contingent liability of Lessor on any claims or losses. Lessor, and any other persons or entities designated by Lessor, must be named as an additional named insured under any such policy of insurance. The insurance policies shall be delivered to Lessor for safekeeping. Lessee shall obtain a written obligation from the insurers to notify Lessor in writing at least 30 days prior to cancellation or refusal to renew any policy. If the insurance policies required by this section are not kept in force during the entire Term of this Lease or any extension of such Term,Lessor may,but shall not be required to procure the necessary insurance and pay the premium for it,and the premium shall be repaid to Lessor as an Additional Rent installment for the month following the date on which the premiums were paid by Lessor. SECTION SEVENTEEN ASSIGNMENT, SUBLEASE, OR LICENSE Lessee shall not assign or sublease the Premises (or any part thereof), nor grant any right or privilege connected with the Premises or use thereof,nor allow any other person except agents and employees of Lessee to occupy the Premises(or any part thereof)without first obtaining the prior written consent of Lessor, which consent may be granted or withheld by Lessor in its sole and absolute discretion. Consent by Lessor to one assignment, sublease or license shall not be consent to any subsequent assignment, sublease, or license. An unauthorized assignment, sublease, or license to occupy by Lessee shall be void and at the option of Lessor shall terminate this Lease. The interest of Lessee in this Lease is not assignable by operation of law without the written consent of Lessor. Any assignment for the benefit of creditors, or any transfer of stock, partnership, or other form of ownership interest in Lessee is prohibited except in accordance with the provisions of this Section. In addition, no assignment, sublease or license, whether with or without Lessor's consent shall affect any personal or corporate guaranty. As a condition of considering any request for Lessor's approval, together with its request, Lessee shall pay Lessor a review fee of One Thousand Dollars ($1,000.00), plus Lessor's reasonable attorney fees and or administrative fees in reviewing the terms and considerations of any proposed assignment,sublease or license, whether or not such transfer is approved by Lessor. SECTION EIGHTEEN BREACH Failure to pay any item of Rent when due, the appointment of a receiver to take possession of the assets of Lessee,a general assignment for the benefit of the creditors of Lessee,any action taken or allowed to be taken by Lessee under any bankruptcy act, or the failure of Lessee to comply with any term and/or condition of this Lease shall constitute a breach of this Lease. Lessee shall have 5 days after receipt of written notice from Lessor of any breach to correct the conditions specified in the notice. If Lessee cannot reasonably cure such breach within the 5 day period,Lessee shall have a reasonable time to correct the default,provided such action 10 is commenced by Lessee within 5 days after receipt of the notice and diligently pursued to completion. Such additional time shall not be required for any event involving a failure to pay any item of Rent when due. SECTION NINETEEN REMEDIES OF LESSOR FOR BREACH BY LESSEE Lessor shall have the following remedies in addition to its other rights and remedies in the event Lessee breaches this Lease and fails to make corrections as set forth in Section Eighteen: A. Lessor may reenter the Premises immediately and remove the property and personnel of Lessee, store the property in a public warehouse or at a place selected by Lessor, at the expense of Lessee. B. After reentry, Lessor may terminate this Lease on giving 10 days written notice of termination to Lessee. Without such notice, reentry will not terminate this Lease. On termination, Lessor may recover from Lessee all damages proximately resulting from the breach, including, but not limited to, the cost of recovering the Premises and the balance of the Rent payments remaining due and unpaid under this Lease. C.After reentering,Lessor may relet the Premises or any part of the Premises for any term without terminating this Lease, at such rent and on such terms as it may choose. Lessor may make alterations and repairs to the Premises. The duties and liabilities of the parties if the Premises are relet shall be as follows: (1) In addition to Lessee's liability to Lessor for breach of this Lease,Lessee shall be liable for all expenses of the reletting, for the alterations and repairs made, and for the difference between the rent received by Lessor under the new Lease and the Rent installments that were due for the same period under this Lease. (2) Lessor, at its option, shall have the right to apply the rent received from reletting the premises (a) to reduce Lessee's indebtedness to Lessor under this Lease, not including indebtedness for Rent, (b) to expenses of the reletting and alterations and repairs made,(c)to Rent due under this Lease,or(d)to payment of future Rent under this Lease as it becomes due. If the new Lessee does not pay a Rent installment promptly to Lessor, and the Rent installment has been credited in advance of payment to the indebtedness of Lessee other than Rent, or if rentals from the new Lessee have been otherwise applied by Lessor as provided for in this section, and during any Rent installment period, are less than the Rent payable for the corresponding installment period under this Lease, Lessee shall pay Lessor the deficiency, separately for each rent installment deficiency period, and before the end of that period. Lessor may, at any time after such reletting, terminate this Lease for the breach on which Lessor based the reentry and relet the Premises. After reentry, Lessor may procure the appointment of a receiver to take possession and collect rents and profits of the business of Lessee. If necessary to collect the rents and profits, the receiver may carry on the business of Lessee and take possession of the personal property used in the business of Lessee, including inventory, trade fixtures, and furnishings and use them in the business without compensating Lessee. Proceedings for appointment of a receiver by Lessor, or the appointment of a receiver and the conduct of the business of Lessee by the receiver, shall not terminate this Lease unless Lessor has given written notice of termination to Lessee as provided in this Lease. li SECTION TWENTY ATTORNEY AND BROKER FEES If Lessor engages the services of an attorney or laver firm in an effort to enforce any agreement contained in this Lease, or for breach of any covenant or condition, by filing an action or otherwise, Lessee shall pay Lessor reasonable attorney fees for the services of Lessor's attorney in the action. SECTION TWENTY-ONE CONDEMNATION Eminent domain proceedings resulting in the condemnation (or a deed in lieu thereof) of a part of the Premises, but leaving the remaining premises usable by Lessee for the purposes of its business, will not terminate this Lease unless Lessor,at its option,terminates this Lease by giving written notice of termination to Lessee. The effect of any condemnation, where the option to terminate is not exercised, will be to terminate this Lease as to the portion of the Premises condemned, and the lease of the remainder of the Premises shall remain intact. The Fixed Rent for the remainder of the lease term shall be reduced by the amount that the usefulness of the Premises has been reduced for the business purposes of Lessee. Lessee assigns and transfers to Lessor any claim it may have to compensation for damages as a result of any condemnation. Lessee shall have no claim upon any award or damages awarded to Lessor by virtue of any condemnation or deed in lieu thereof. SECTION TWENTY-THREE WAIVERS Waiver by Lessor of any breach of any covenant or duty of Lessee under this lease is not a waiver of a breach of any other covenant or duty of Lessee, or of any subsequent breach of the same covenant or duty. SECTION TWENTY-FOUR GOVERNING LAW It is agreed that this Lease shall be governed by, construed, and enforced in accordance with the laws of the State of Florida SECTION TWENTY-FIVE ENTIRE AGREEMENT This Lease shall constitute the entire agreement between the parties. Any prior understanding or representation or any oral agreement of any kind preceding the date of this Lease shall not be binding upon either party except to the extent incorporated in this Lease or by separate written instrument executed by both parties or their authorized representatives. 12 SECTION TWENTY-SIX MODIFICATION OF AGREEMENT Any modification of this Lease or additional obligation assumed by either parry in connection with this agreement shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party. SECTION TWENTY-SEVEN NOTICES All notices,demands, or other writings that this Lease requires to be given,or which may be given,by either party to the other, shall be deemed to have been fully given when trade in writing and deposited in the United States mail, registered and postage prepaid, and addressed as follows: To Lessor: YACHTSMAN PROPERTIES, LLC 80 Business Park Drive, Suite 103 Armonk, NY 10504 To Lessee: AMAR BAKERY, LLC 17070 Boca Club Blvd, Unit 1 Boca Raton, Florida 33487 The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided. SECTION TWENTY-EIGHT BINDING EFFECT This Lease shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties. SECTION TWENTY-NINE TIME OF THE ESSENCE It is specifically declared and agreed that time is of the essence of this Lease and each and every provision hereof. SECTION THIRTY PARAGRAPH HEADINGS The titles to the paragraphs of this Lease are solely for the convenience of the parties and shall not be used to explain,modify, simplify, or aid in the interpretation of the provisions of this Lease. 13 SECTION THIRTY-ONE OPTION TO EXTEND Provided Lessee has not been in default of this Lease beyond any notice and cure periods at any time prior to its exercise, Lessee may exercise its option to extend the term of this Lease for one (1) additional term (the "Extension Term") of Five (5) years. Lessee must exercise such option, if at all, by written notice delivered to Lessor no later than six (6) months prior to the Termination Date (time being of the essence). All of the terms of the Lease shall remain in effect, except that the Fixed Rent during the first year of the Extension Term shall be "Fair Market Rent". Fixed Rent for each subsequent year shall be the Fixed Rent for the prior year increased by 3 percent(3%). The term "Fair Market Rent" shall mean the monthly amount per square foot that a willing landlord would accept and a willing retail tenant would,pay, at arms-length, for a comparable commercial building located in the vicinity of the Shopping Center for a use similar to that of Lessee at the time of such negotiation. In the event that the parties cannot agree on the Fair Market Rent for such Extension Terra before the Termination Date, Lessor and Lessee jointly shall select an independent third party appraiser reasonably acceptable to both parties. The cost of the third party appraisal shall be shared by the parties. If Lessor and Lessee cannot agree upon an independent third parry appraiser, then either parry may request a court of competent jurisdiction to appoint such an appraiser. The decision of the appraiser shall be binding upon Lessor and Lessee. SECTION THIRTY-TWO RELOCATION Notwithstanding any other provision in this Lease, Lessor in its sole discretion shall have the option at any time to relocate Lessee from the Leased Premises (the "Present Premises") into other premises in the Shopping Center(the "New Premises"). Lessor shall give Lessee at least forty-five (45) days notice of the approximate date Lessee is to move to the New Premises. Lessor shall prepare the New Premises to the same extent that Lessor prepared the Present Premises. The New Premises will have at least the same amount of square foot area as the Present Premises. Lessor shall pay for moving Lessee's inventory,fixtures, equipment and storefront sign to the New Premises. The New Premises will become the Leased Premises (instead of the Present Premises)and the Rent(including all of Lessee's other monetary obligations to Lessor under the Lease) and all the other terms and provisions of this Lease shall be transferred to and continue to apply,without interruption,to the New Premises from and after the date Lessee is required to move pursuant to this Section. SECTION THIRTY-THREE GUARANTY As a condition of Lessor's entering into this Lease, Taryn Okada of 2591 Desante Dr. Henderson NV 89044,Susanna Gill Kurban and Nicholas Kurban both of 17070 Boca Club Blvd.,Boca Raton,Florida 14 33487("Guarantors") is concurrently executing personal guarantys, guaranteeing Lessee's full and faithful performance of the terms and conditions of this Lease. Such personal guaranty is of both payment and performance, and shall be without recourse to any other rights or remedies available to Lessor. The rest of the page is intentionally left Blank Signature Page Attached 15 IN WITNESS WHEREOF, the respective parties have signed, sealed and delivered this Lease on the date and year written below, LESSOR: YACHTSMANS PROPERTIES, LLC, a Delaware limited liability company WITNESS: Ey: Its ls WITNESS: 4� Dated LESSEE: AMAR BAKERY LLC FloriAa LLC ..�aM.«.�" "` a WITNESS: -r--. --____ BRs ���. (SEAL) WITNESS-,,C&4 f Dated 16 EXHIBIT A SITE PLAN a � x kz c rz 17 EXHIBIT B LESSEE'S WORK Lessee will take the unit"as is." LESSOR'S WORK LESSEE'S WORK Lessee will take the unit"AS-IS WHERE IS" except for the following work to be performed by Lessor: LESSOR'S WORK Lessor shall provide Lessee with a"Vanilla Shell"build out. For the purposes of this Lease, Vanilla Shell shall include the following tenant improvements: 1) Electricity and Electrical.outlets—to Code 2) Open Ceiling(industrial look)with exposed lighting and ductwork. 3) Lighting- to code 4) ADA compliant bathroom with new fixtures. 5) Regularly functioning air conditioning with applicable ductwork—to code. 6) Floors to remain bare. 7) Walls—paint ready. 18 EXHIBIT C EXCLUSIVE AND PROHIBITED USES 1. Adult book stores, adult theatre, or adult amusement facility. 2. Amusement centers, arcade/game rooms. 3. Automobile and light truck new sales or rental. 4. Automobile service and self-service gas stations. 5. Automobile/motorcycle repair shops. & Automobile storage. 7. Bath and massage parlors. 8. Billiard rooms,bowling alleys, skating or roller rinks and poolrooms. 9. Any industrial or mining use. 10. Dry cleaners with on-site cleaning plant. 11. Office use(except incidental to a retail use permitted hereunder). 12. Medical observatory dormitories or any other sleeping quarters or lodging. 13. Mortuaries or funeral homes. 14. Gambling. 15. Open-air theaters. 16. Propagating and growing plants for sale. 17. Pubs,bars, nightclubs or discos. 18. Self-service storage facilities. 19. Skating rinks 20. Truck rentals. 21. The retail sale of new cellular phones and cellular phone plans. 21. Any other use not allowed under this Lease, prohibited bylaw or for which Lessor has granted another occupant an exclusive use right. 19 EXHIBIT D SIGNAGE ��r ¢cry a; ,,�• s. 9A d{, ' 6ilRfs .S (7ti i� ski i`t ..��M19 ML WMR Uk Mlli { �v W. c F iHM Wi RursymM . 6'A RV.nri 1 ' Y `k LetterDetail: SMt.RSFF ?S4 Xluka =w.�w 4sarve+»raH 20 EXHIBIT D—Continued MONUMENT SIGNAGE N 119,11 ME i1OMW SM Nowd"M SM €s e "11W . -CKWAN PALM PLAZA _...........................£.. .............. ............ .. _._...,. 1. * It is expected that Lessee will have at least one (1) space on the monument. 21 GUARANTY OF LEASE KGT S UARANTI'OF LEASE AGREE MEN'T."Guaranty'is made and entered into this� day of 7021 by Nicholas Karban, an individual having an address at 17070 Boca Club Blvd,Boca Raton,Florida 33487("Guarantor'),in favor of YAO liability company( Landlord'). HTSMANS PROPERTIES,LLC,a Delaware limited WTrNES SETH: WHEREAS,AMAR BAKERY,LLC with a principle;place of business at 17070 Boca Club Blvd..Unit 1, Boca 1Ratom Florida 33487("Tenant"), and LandlOrd entered into that certain Lease "Lease" dated 4 2021,with respect to the Property located at 1600 N Federal Hwy,Unit 14,Boynton Beach. rida,and as more particularly described in the Lease(all capitalized terms not defined herein shall have the same meanings ascribed to them in the Lease);and WHEREAS,in order to induce Landlord to enter into the Lease,the undersigned Guarantor(s)has agreed to guaranty the payment of all rents and charges,and the performance of all of Tenant's obligations,under the Lease. NOW,THEREFORE,in consideration of the execution aiid delivery of the Lease by Landlord,and other good and valuable considerations,the receipt and sufficiency of which are hereby acknowledged,Cauaz Guarantor hereby agrees as follows: I. The undersigned hereby guarantees to the.Landlord and to any mortgagee holding a mortgage upon the interest of Landlord in the Property,The due and punctual payment of all Rent payable under the Lease,and each and every installment thereof,as well as the full and.Prompt and complete performance by the Tenant of each and all of the ter=,covenants and conditions in the Lease contained on the part of the Tenant therein to be kept, observed and performed, for the Term, with no less force and effect than if the undersigned were named as the Tenant in the Lease,and the undersigned;will forthwith on demand pay all amounts at any time in arrears, and will make good any and all Events of Default occurring under the Lease,Guarantor hereby waiving any rights to prior demand or Landlord's enforcement ofthe Lease first against Tenant.This Guaranty and the liability of the undersigned shall be absolute,andinlimited,and shall in no way be impaired or affected by any assignment which may be made of the Lease,or any subletting hereunder,or by any extension(s)of the Payment of any Rent,Guarantor hereby waiving any defenses agaizzst such amounts andlor performance under the Lease which Tenant may have had, asserted and/or been entitled to assert against such amounts andor performance under the Lease- 2_No action or proceeding brought or instituted under this Guaranty against the undersigned,and no recovers; had in pursuance thereof,shall be a bar or defense to any further action or proceeding which may be brought under this Guaranty by reason of any further default or defaults of Tenant.The liability of the undersigned shall not be deemed to be waived, released, discharged;impaired or affected by reason of the release or discharge of the Tenant including,but not limited to,any release or discharge pursuant to any reorganization, readjustment, insolvency, receivership or bankruptcy Proceedings. There shall be no modification of the provisions of this Guaranty unless the same be in writing and signed by the undersigned and the Landlord_ 3_All of the terms, covenants and conditions of this Guaranty shall be joint and several,and shall extend to and be binding upon the undersigned,their heirs,executors;administrators,and assigns,and shall inure to the benefit of the Landlord,its successors and assigns,and to any future owner of the fee of the Property and to any mortgagee of the Landlord.Landlord may,without:noYice,assign the Lease or this Guaranty in whole or in part,and the undersigned agrees that no modification of the terms, covenants or conditions of the Lease shall in.anyway impair or affect the undersigned's obligations hereunder. 4_If eitherpartyhereto brings any action to enforce rights under Ibis Guaranty,whether judicial:administrative or otherwise,the prevailing party in that action shall be entitled to recover from the Iosing party all fees and court costs incurred,including reasonable attorneys'fees;Whether such costs and fees are incurred out of court, at trial,on appeal,or in any banlavptcy proceeding.This Guaranty and the rights and obligations ofthe parties hereto are governed by the laws of the State of Florida. 5.Ifany term,covenant or condition of this Guaranty,or the application thereof to any person or circumstance, shall,to any extent,be invalid or unenforceable,the remainder of the Guaranty,or the application of such term, Covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term;covenant or condition of this Guaranty shall be valid and enforceable to the fullest extent permitted by applicable law.The execution of this Guaranty prior to The execution of the Lease shall not invalidate this Guaranty or Iessen the obligations of the Guarantor(s) hereunder. 6.LANDLORD AND THE UNDERSIGNED HEREBY:MUTUALLY WAIVE ANY AND ALL RIGHTS WHICH EITHER MAY HA'VE TO REQUEST A XTRY TRIAL IN ANY PROCEEIDIIITG AT LAW OR IN EQUITY IN ANY COURT OF COMPETENT JLTBDICTION WT3ICH PROCEEDING IS U-,N3ER,IN CON-LECTION WITH OR RELATED TO THIS GU:AIAAN-TY.THE UNDERSIGNED ACKNOWLEDGES THAT THE WADER IS A MATERIAL INDUCEMENT TO LAN-DLORD TO ENTER INTO THE LEASE, 7.This Guaranty contains the entire agreement between the parties with respect to the matters contained herein,and shall not be modified except in writing exec-uted by all parties. IN WITNESS WHEREOF,the undersigned have executed this Guaranty on tilis' day of-�CQ97.2021. UAR��TTOR: ieliclaalas Durban Tax ID No.iSSN: `C Phone Number: STATE OF COUNTY OFif This instrume4t as om subscribed and acknowledged befo e the on this ' j day of� -; 2421 byi "' _ CIy^ and wha is personally known to me or who produced as identification. /' THOMASASHEEHAN otary Pu e Gammission#GG 925476 Expires Decernber 7,2023 �s*"'v ,nntedThruBudget WWSII�'es e' OF LEASE S ARANTY OF LEASE AGREEME '`Guaranty"is trade and entered into this day of 2421 by Taryn®kala, an individuk having an address at 2591 DDmute Ds Henda-s= $9134("Guarantor"),in favor of YACTi SMANS MOPERTIES,LLC,a Dela company("Landlord"}. ware limited Liability %SSFI : W HEREAS,AMAR BAKERY,LLC with a principle place of business at 1707©Baca Club Blvd,Unit 1, Boca Raton, Florida 33497("Tenant"), and Landlord,entered into that certain Lease Lease" dated &12j- FV46-2421,with respect to the Property lo=cd a41600 N Federal Hwy,Unit 14,Boynton Beach, Florida,and as more particularly described in tlmeLease(all capitalized terms not defined herein shall have the as same meanings cnbed to them in the Lease);and WHEREAS,in order to induce Landlord to enter into the Lease,the undersigned Guarantor(s)has agreed to guaranty the payment of all rents and charges,and the performance of all of-Tenant's obligations,under the Lease. NOW,THEREFORF,in consideration ofthe execution aad delivery of the Lease by Landlord,and other good and valuable considerations,the receipt and suffieiencrof which are hereby acknowledged.Gumuntorhereby agrees as follows: 1.The undersigned hereby guarantees to the Landlord and to any mortgagee holding a mortgage upon the f interest ofLandlord in the Property,the due and punctual:M7nent of all Rent payable raider the lease,and each and every installment thereof;as well as the full and prompt and complete performance by the Tenant of each and all of the terms,covenants and conditions in the Lease contained on the part of the Tenant therein to be kept,observed and Performed-for the Term,with noless force and ellect than if the undersigned were named as the Tenant in the Lease,and the undersigned,-M forthwith on demand pay all amounts at any time in arrears,and will make good any and all Events of Default occurring under the:Lease,Guarantor irembv waivingany rights to priordemand orLandlord's enfbrOmentofthe Lease first against Tenant.This Guaranty and the liability ofthe undersigned shall be absolute,and unlimited,and shall in no way be impakcd oraffemed by any assignment which may be made of the Lease,or any subletting hereunder,or by any extension(s)of the payment of any Rent,Guarantor hereby waiving any defenses against such amounts and/or performance under the Lease which Tenant may have had,asserted and/or.been entitled to assert against such amounts and/or performance under the Lea:,-- 2. ease2.No action or proceeding brought or instituted under this Guaranty against the undersigned,and no recovery had in pursuance thereof,shall be a bar or defense to anv further action or proceeding which may be brought under this Guaranty by reason of any further default or defaults of Tenant The liability of the undersigned shall not be deemed to be waived, released,discharged impaired or affected by reason of the release or discharge of the Tennant including,but not limited to,any;release or discharge pursuant to any reorganization, readjustment, insolvency,receivership or bankruptcy proceedings,There snail be no modification of the Provisions ofthis Guaranty unless the same be in writing and signed by the undersigned and the Landlord. 3.All of the terms,covenants and conditions of this Guaranty shall be joint and several,and shall extend to and be binding upon the undersigned,their heirs,executors,administrators,and assigns,and shall inure to the benefit of the Landlord,its successors and assigns and to.any fature owner of the fee of the Property and to any mortgagee of the Landlord.Landlord may,without notice,assign time Lease or this Guaranty in whole or in part,and the undersigned agrees that no modificatiOn ofthe terms,covenants or conditions of the Lease shall in anyway impair or affect the undersigned°s obligations hereunder. 4.Ifeitber party hereto brings any action to enforce rights under this Guaranty,whetherjudicial,administrative or otherwise,the prevailing party in that action shall be entitled to recover from the losing parry all fees and court costs incurred,including reasonable attorneys'fees,whether such costs and fees are incurred.out of court, at trial,on appeal,or in any bankruptcy proceeding.This Guaranty and the rights and obligations of the parties hereto are governed by the laws ofthe State of Florida S.Ifany terra,covenant or condition of this Guaranty,or the application thereofto any person or circumstance, shall,to any extent,be invalid or unenforceable,the remainder of the Guaranty,orthe application ofsuch term, covenant or condition.to persons or circumstances other than Those as to whit;ln it is held invalid or unenfbrreable sball not be affected thereby,and each teen,covenant or condition of this Guaranty shall be valid and enforceable to the fullest extent permitted by applicable law_The meeution of this Guaranty prior to the execution ofthe Lease shall not invalidate this Guaranty or lessen the obligations of the Guarantor(s) hereunder. I-LANDLORD AND THE UNDERSIGNED WFIICH EITHER MAY HAVE TO RE HERE BY.h�dU'TJALLY WAIVEANY AND ALL RIGHTS EQUITY IN ANY COURT OF COMP TEN T'A JURY TRIM IN Ayer PROCEEDING AT LAW OR IN EENT�URISI)ICTIOi�i ANY PROCEEDING IS UNDER,IN CONNECT'ION�I'I'FI OR RELATED TO TFIIS GT1A�{AHI�THE UI�iDERSIGNE,D ASR INTO THE LEASE.WLEDGES THAT Tfm �IS A MATS,INDUCFNMN.To LANDLORD TO 7.This Guaranty contains the entire agreement be"Veen the parties with mein,and shall not be modified except in writing executed by all parties.respect to the matters contained IN W€l'NESS WHEREOF,the undersigned have exeesi[ed this Guaranty on this-i day of 2021. GUARANTOR: T Okada Tax ID NoJSSN- Phone:Number. c� STATE OF Ncvadcc ) COUNTYOF Cta r lec Isis instrument was sworn,subscribed and acknowledged before ane An this V�day of e � ?�2t by ia. n o Yacdee who is me or who produced NV Driver's EicenSe as identification. personalty known to Notary Puffic DEANN UWAPS .. 0MffftycfB MYAM.BOIBSAug.24.20n GLTAK4,4T®F'LEASt ((' THIS GUARANTY OF LEASE AGREEMENT'-Guaran is made and entered into this day of by Susan Gill Kurban, an individual having an address at 17070 Rosa Club_Blvd. Boca Raton,Florida 33487(`'Guarantor"),in favor of yACHTSi�IANS.PROPERTIES,LLC.a Delaware limited liability company("Landlord"). WIT.-NESSE.TH. WTMREAS,A-MAR BAKERY,LLC with a principle place of business at 17070 Boca Club Blvd., Unit I, .Boca Raton, orida 33487("'Tenant"), and Landlord entered into that certain Lease "Lease" dated lVc _ 202#1 with respect to the Property located at 1600 N Federal Hwy,Lint 14,Bovnton Beach, Florida and as more particularly described in the Lease all capitalized terms not defined herein shall have the' same meanings ascribed to them in the Lease);and WHEREAS,in order to induce Landlord to enter into the Lease,the undersigned Guarantor(s)has agreed to guaranty the payment of all rents and charges,and the performance of all of Tenant's obligations, under the Lease. NOW,THEREFORE,in consideration of the execution and delivery of the Lease by Landlord,and other good and valuable considerations,the receipt and sufficiency of which are hereby acknowledged,Guarantor hereby agrees as follows: I. The undersigned hereby guarantees to the Landlord and to any mortgagee holding a mortgage upon the interest of Landlord in the Property,the due and punctual payment of all Rent payable Under the Lease,and each and every installment thereof,as well as the full and prompt and complete performance by the Tenant of each and all of the terms,covenants and conditions in the:Lease contained an the part of the Tenant therein to be kept, observed and performed, for the Term, with no less force and effect than if the undersigned were named as the Tenant in the Lease,and the undersigned,will forthwith on demand pay all amounts at any time in arrears, and will make good any and all Events of Default occurring under the Lease, Guarantor hereby waiving any rights to prior demand or Landlord's enforcement of the Lease first against Tenant.This Guaranty and the liability of the undersigned shalt be absolute,and i i limited,and shall in no way be impaired or affected by any assignment which may be made of the Lease,or any subletting ettinghereunder,or by any extension(s)of the payment of any Rent,Guarantor hereby waiving any defenses against such amounts andlor perfotxnance under the Lease which'Tenant may have had,asserted and/or been entitled to assert against such amounts and/or performance under the Lease. Z.No action or proceeding brought or instituted under this Guaranty against the undersigned,and no recovery had in pursuance thereof,shall be a bar or defense to any'further action or proceeding which may be brought under this Guaranty by reason.of any further default or:d.cfaults of Tenant_The liability of the undersigned shall not be deemed to be waived, released, discharged,.impaired or affected by reason of the release or discharge of the Tenant including,but not limited to,any release or discharge pursuant to any reorganization, readjustment, insolvency, receivership or bankruptcy proceedings. There shall be no modification of the Provisions of this Guaranty unless the same be in writing and signed by the undersigned and the Landlord. 3_All of the terms,covenants and conditions of this Guax tty shall be joint and several,and shall extend to and be binding upon the undersigned,their heirs,executors,administrators,and assigns,and shall inure to the benefit of the Landlord,its successors and assigns,and€o'any future owner of the fee of the Property and to any mortgagee of the Landlord.Landlord may,without notice,assign the Lease or this Guaranty in whole or in part, and the undersigned agrees that no modification of the terms, covenants or conditions of the Lease shall in anyway impair or affect the undersigned's obligations hereunder. 4.If either party hereto brings any action to enforce rights.underthis Guaranty,whether judicial,administrative or otherwise,the prevailing party in that action shall be entitled to recover from the losing party all fees and court costs incurred,including reasonable attorneys'fees,whether such costs and fees are incurred out of court, at trial,on appeal,or in any bankruptcy proceeding.This Guaranty and the rights and obligations of The parties hereto arc governed by the laws of the State of Florida. 5.If any term,covenant or condition ofthis Guaranty,or the:application thereof to any person or circumstance, shall,to any extent,be invalid or unenforceable,the remainder of the Guaranty,or the application of such term, covenant or condition to persons or circumstances other• than those as to which it is held invalid or unenforceable shall not be affected thereby,and each term,covenant or condition of this Guaranty shall be valid and enforceable to the fullest extent:permitted by applicable law.The execution of this Guaranty prior to the execution of the Lease shall not invalidate this Guaranty or Iessen the obligations of the Guarantor(s) hereunder. 6.LANDLORD AND THE UNDERSIGNED HEREBY'MUTUALLY WAIVE ANY AND ALL RIGHTS WHICH EITHER MAY HAVE TO REQUEST A.TURP TRL4L IN ANY PROCEEDING AT TjAVd 4R N EQUITY LN ANY COURT E COMPETENT JURISDICTION W RICH PROCEEDNG IS UNC-DER,IN COIv?vECTIO`T WITH OR RELATED TO THIS GUARAN-TY.THE UNDERSIGNED ACKNOWLEDGES THAT THE WAIVER IS A MATERIAL INDUCEMENT TO LANDLORD TO ENTER r,\TTO THE LEASE. 7.This Guaranty contains the entire Weement between the paries with respect to the mattcrs contained herein,and shall not be modified except in writing executed by all parties. LN WITNESS WHEREOF,the undersigned have executed this Guaranty on this ��day of yam' 2021, GUARANTOR: a Su an Crib Kurban Tax::ID No./SSN, (—r' Phone Number: S'T'ATE OF_; O ' � COUNTY OF � � ) This instrument was sworn,sus bed and acknowled!ed before me on this i day of �t�� 2021 who is personally knotivn to me or who produced as identification. �`' i of Y�68t� THOMAS.ASHE_IiAN Commission#GG 925476 °�� lic c Expires December 7.2023 w r �rFOFF.Op` EaadedTlrj Shat Notary Serrlc,-s LEASE This Lease (the "Lease"), entered into on ,1 L� ,A_l between YACHTSMANS PROPERTIES,LLC,a Delaware limited liability company,having its principal place of business c/o Stajus Consulting, LLC, 80 Business Park Drive, Suite 103, Armonk, NY 10504, referred to as "Lessor," and Amar Bakery, LLC, a Florida LLC having its principal place of business at 17074 Boca Club Blvd,Unit 1,Boca Raton,Florida 33487 referred to as"Lessee." SECTION ONE DESCRIPTION OF PREMISES Lessor leases to Lessee the store premises (the "Premises") shown as "Unit 15" on the Site Plan attached hereto as Exhibit A, located in "Ocean Palm Plaza— Building 1600" at 1600 North Federal Highway, Boynton Beach, Florida (the "Shopping Center"). (Lessor reserves the right in its sole discretion to change the name of the Shopping Center at any time, with or without notice to or approval of Lessee). SECTION TWO TERM The term of this Lease ("Term" or "Lease Term") is approximately five (5) years, beginning on the Delivery Date(as defined in Section Four(the"Commencement Date"), and terminating on the last day'of the month in which occurs the Fifth (5'h) anniversary of the Rent Commencement Date, as that term is defined in Section Three, (the "Termination Date"), unless the Lease is extended as provided in Section Thirty-One. Any Extension Term, properly exercised, shall become part of the Lease Term for all purposes hereunder. SECTION THREE FIXED RENT AND OTHER CHARGES A. FIXED RENT. Lessee shall pay Lessor Fixed Rent, in advance, without any offset or deduction on the first day of each month of the Term in the following amounts (which amounts do not include applicable Florida Sales Tax,which in all events shall be paid by Lessee): -"ear 8# Rent .}Ir�naal R nf_MAI>�t�lient Annuaf..CANi1.M6imly,4W. 7 Talk" Cit BL 44 ti4i3 ?Tt l ; 1 $19.12 $18,683 $1,557 $7,328 $611 $26,010 $2,168 •2 $19.70 $19,243 $1,604 $7,328 $611 $26,571 $2,214 3 $20.29 $19,821 $1,652 $7,328 $611 $27,148 $2,262 4 $20.90 $20,415 $1,701 $7,328 $611 $27,743 $2,312 5 $21.52 $21,028 $1,752 $7,328 $611 $28,355 $2,363 •AnnuatCAM Is an estimate.See Lease for further details. 1 B. RENT COMMENCEMENT DATE. Lessee shall begin all payments of Fixed Rent and other charges on the Rent Commencement Date,which shall be the date of this Lease. C. INITIAL OPERATING EXPENSES: $7.5 per square foot per annum ($0.625 per square foot per month), payable in monthly installments on the first day of each and every month during the Term (subject to periodic adjustment pursuant to Section 8). Lessee's Proportionate Share of,Operating Expenses shall be fifteen percent(5.7%), which share is derived by dividing the number of gross rentable square feet contained in the Premises (stipulated to be 977 square feet) by the "Gross Rentable Shopping Center Square Footage"(17,058),which is the aggregate number of square feet contained in the Shopping Center being used for retail purposes. Lessor may adjust the Gross Rentable Shopping Center Square Footage to account for outparcels shown on the Site Plan to account for the fact that such tenant(s) or occupant(s)may pay or incur certain Operating Expenses directly. D. SECURITY DEPOSIT: $2,168. The Deposit shall be held as security for the payment of Rent, and for performance of all other terms, covenants and conditions of Lessee hereunder; the amount of the Deposit,without interest, shall be repaid to Lessee after the Termination Date,provided Lessee shall have performed all terms, covenants and conditions under this Lease. Upon any Event of Default by Lessee, all or part of the Deposit may,at Lessor's sole discretion,be applied on account of such default, and thereafter Lessee shall promptly restore the resulting deficiency in the Deposit. The Deposit may be co-mingled by Lessor with its own funds. Lessee acknowledges that the Deposit is not to be construed as prepaid Rent by Lessee for any rental period during the Term. The Deposit is in addition to, and not a substitute for any statutory landlord's lien provided under law. E. DUE ON SIGNING: $7,010.61,representing the following: 1 month $1,557 Security $2,168 last month $1,752 2 months CAM $1,221.25 Taxes $312.60 TOTAL $ 7,010.61 F. PAYMENT;LATE FEES: Fixed Rent, Operating Expenses and any other payments due under this Lease (whether or not designated as "Additional Rent" hereunder) shall be collectively referred to as "Rent". Lessee shall pay Lessor the Fixed Rent and Operating Expenses in monthly installments as defined above, (plus any applicable Florida Sales Tax), beginning on the Rent Commencement Date, with succeeding payments as called for in the Lease due on the 11t day of each subsequent month during the Term of the Lease. Late Fees equal to the greater of Two Hundred Dollars ($200.00)or ten percent(10%) of the past due amount, plus interest calculated at the rate of 1.5% per month (or if less, the maximum amount allowed under applicable law) shall be assessed if Rent(or any portion thereof) is not received by the 5"'of the month in which it becomes due. In addition to the foregoing Late Fees,bad checks shall also incur an administrative charge of Fifty Dollars ($50.00), plus any fee imposed on Lessor by its bank or financial institution. 2 SECTION FOUR CONDITION OF THE PREMISES Lessor shall deliver the Premises to Lessee with all of Lessor's Work (as described in Exhibit B attached hereto)substantially complete no later than the Outside Delivery Date(as defined in Section Seven), Unless Lessor is delivering possession on execution of this Lease, Lessor agrees to provide Lessee with at least three (3)days notice of the date on which Lessor intends to deliver the Premises,which date shall be known as the "Delivery Date". Lessor and Lessee stipulate that the Premises will consist of the number of square feet of leaseable area set forth in Section Three(C),. Except for Lessor's Work, the Premises shall be delivered in strictly "AS-IS, WHERE IS" condition and Lessee shall accept the same in the condition existing on the date delivered without claims for repairs or improvements. Acceptance of the Premises by Lessee shall be construed as recognition that the Premises are in a good state of repair and in sanitary condition on the date delivered, which Promises are hereby accepted by the Lessee. Lessor makes no express or implied warranty or representation as to the fitness of the Premises for Lessee's intended use, nor the existence or operation of other tenants or occupants within the Shopping Center, nor the condition of any systems or services serving the Premises, including without limitation the HVAC or any utility service. Lessee shall arrange and pay for all utilities fumished to the Premises for the Tenn of this Lease, including, but not limited to, electricity, gas, water, sewer, and telephone service. Lessor must approve Lessee's construction plans for its initial build-out in writing before Lessee may begin any work in the Premises. SECTION FIVE USE OF PREMISES;RESTRICTIONS ON USE Lessee may use the Premises for the purposes of a "Neighborhood Bakery" (the "Permitted Use"), and for no other use or purpose. The Permitted Use shall include the preparation and sale, for wholesale AND retail, of items regularly found in a simiartly situated neighborhood bakery that shall include but not limited tothe following: breads, cakes, cookies, pies, cupcakes etc, and those items sold by the previous tenant, "Del Sol Bakery" prior to the tenancy of Lessee. The Permitted. Use shall also be allowed to sell beverages such as coffee, tea, soft drinks, but the sale of such items shall not exceed 20% of the gross floor space of the Premises. Lessee shall operate under the trade name "Del Sol Bakery" or "Amar Bakery" and shall not change such trade name without the prior consent and approval of Lessor which may be anted or withheld in Lessor's sole discretion.Lessee all restrict its use to such purpose, and shall not use or permit the use of the Premises for any other purpose without the prior, express, and written consent of Lessor or Lessor's authorized agent, Lessee shall not use the Premises in any manner that will increase risks covered by insurance on the Premises and/or result in an increase in the rate of insurance or a cancellation of any insurance policy, even if such use may be in furtherance of Lessee's business purposes, or allow a lien or other enctunbrance to attach to Lessor's estate. In no event shall Lessee violate any of the Exclusive and Prohibited Uses listed on Exhibit C. Lessee shall not keep,use, or sell anything prohibited by any policy of fire insurance covering the Premises, and shall comply with all recommendations and requirements of the insurers applicable to the Premises and necessary to keep in force the casualty and liability insurance, 3 Lessee agrees to initially open for business no later than thirty(30)days following the Rent Commencement Date, and continuously operate its business in the Premises fully stocked, staffed and fixtured, during regular business hours(at least 9 am to 5 pm Monday through Saturday)during the entire Lease Term. Notwithstanding the foregoing, Lessee shall have the right to expand the selection of"for sale" items in the Unit beyond Permitted Use, as delineated above. The expanded selection shall be limited to those items ordinarily found in a gourmet style food market such as, prepared foods, premium wine and beers that complement the food offerings, etc. However, the expanded selections must not exceed 20% of the overall items offered for sale, and must not directly compete with other established businesses located at 1550-1600 N Federal Hwy, Boynton Beach Florida. It is at the sole discretion of Lessor to determine what constitutes "direct competition." Lessor shall consider increasing the scope of the "expanded selection" as outlined above, but approval of the expansion must be received in writing from Lessor to Lessee pursuant to the terms of the Lease. SECTION SIX WASTE,NUISANCE,AND COMPLIANCE WITH LAWS Lessee shall not allow any waste or nuisance on the Premises,nor use or allow the Premises to be used for any unlawful purpose or in an unlawful manner. Lessee shall comply with all laws, rules, regulations or ordinances governing the Premises, shall obtain and keep in full force and effect all occupational, sales tax or other licenses required by any governmental agency having authority over Lessee's business,and shall pay all dues, fees, taxes or other charges imposed on Lessee's business by any authorized governmental authority. SECTION SEVEN DELAY IN DELIVERING POSSESSION This Lease shall not be rendered void or voidable by the inability of Lessor to deliver possession to Lessee on any specified date. Lessor shall not be liable to Lessee for any loss or damage suffered by reason of any delay; provided, however, that in the event, for any reason, Lessor does not substantially complete Lessor's Work and deliver the Premises by June 1, 2021 ("Outside Delivery Date"), the Rent Commencement Date, and the Lease Commencement Date, shall be extended one (1) day for each day of delay in completing Lessor's Work. No extension of this Lease shall result from a delay in delivering possession. SECTION EIGHT OPERATING EXPENSES A. The term "Operating Expenses" shall mean all costs and expenses incurred by or on behalf of Lessor in operating, managing, maintaining and repairing the Shopping Center, including, without limitation, all costs with respect to insurance expenses, real estate taxes (whether general or special, ad valorem or otherwise), all costs and expenses of operating, managing, maintaining, repairing and replacing, signing, cleaning, painting and striping of the Shopping Center (including, without limitation, the cost of uniforms, equipment and employment taxes); payroll burden of all employees (payroll taxes and employee benefits); security; alarm, surveillance and life safety systems; janitorial services; 4 I maintenance of sprinkler systems;removal of water, trash and debris; payments required by governmental authorities; costs and expenses in connection with maintaining governmental authority ambient air and environmental standards; the costs of all materials, supplies and services purchased or hired therefore; operation of public toilets; maintenance, repair and replacement of the roof, utility systems serving the Shopping Center including, without limitation, water, sewer and storm water lines and other utility lines, pipes and conduits;management fees,costs and expenses of inspecting and depreciation of machinery and equipment used in the operation and maintenance of the Shopping Center and personal property taxes and other charges (including, but not limited to, financing, leasing or rental costs) incurred in connection with such equipment; costs and expenses of capital repairs and replacements to the Shopping Center, including, without limitation, lighting and shrubbery; costs of providing water, sewer,power and other utilities to the Shopping Center; the cost of any capital improvements made to the Shopping Center by Lessor that reduce other Operating Expenses or made to the Shopping Center required under any governmental requirement; and administrative costs attributable to the Shopping Center for on-site personnel and an overhead cost equal to fifteen percent (15%) of the total costs and expenses of operating and maintaining the Shopping Center. Lessor may elect to amortize any of the foregoing costs and expenses over such period as Lessor shall determine together with interest at the rate of fifteen percent (15%)per annum, B. Commencing on the Rent Commencement Date (the date of this Lease),Lessee shall pay, with each monthly installment of Fixed Rent, one-twelfth (1/12) of Lessee's Proportionate Share of annual Operating Expenses. Such amounts shall be calculated by Lessor based upon the prior (calendar or fiscal, at Lessor's sole election) year actual amounts incurred by Lessor with respect to such Operating Expenses and Lessor shall include an amount reasonably estimated by Lessor toward any increase in such charges for such succeeding years. Lessor may at any time increase such estimate of the Operating Expenses in accordance with the provisions of this Section. Upon determination by Lessor of the actual amounts incurred by Lessor during the then current year for such charges, Lessee shall pay upon demand the amount of any deficiency in such estimated payments toward the actual amounts incurred therefor by Lessor, and Lessor shall credit any overpayment by Lessee toward the next accruing monthly payments for such charges until fully recouped. Lessee's obligation to pay the Additional Rent pursuant to this Section which accrues during the Term shall survive expiration or earlier termination of this Lease. After the end of each calendar year during the Term, Lessor shall furnish to Lessee a statement in reasonable detail of the actual costs and expenses related to the Operating Expenses payments, and there shall be an adjustment between Lessor and Lessee, with payment to or repayment by Lessor, as the case may require. Any required repayment by Lessor may be accomplished, at Lessor's option, by crediting the amount of overpayment against Fixed Rent or future monthly payments of Operating Expenses (or any portion thereof as determined by Lessor) which may be or become owed by Lessee, and shall be deemed conclusive between the parties. Such statement may also contain an estimate by Lessor of the Operating Expenses payments for the next succeeding year, and Lessor may adjust from time to time the estimated payments of Operating Expenses. Until such time as Lessor provides a statement adjusting the estimated Operating Expenses payments, Lessee shall continue to make payments in the amount of the prior estimated amount from Lessor, subject to adjustment pursuant to this Section,and upon notification of the increase by Lessor, Lessee shall pay the full amount of the increase which is due for any prior months during the adjusted period and thereafter continue to make payments at the adjusted amount. 5 SECTION NINE REPAIRS ANIS MAINTENANCE A. Lessor shall maintain the roof, foundation and structural soundness of the exterior walls (excluding all windows and doors)of the buildings and the Common Areas located in the Shopping Center. S. Lessee shall, at its sole cost and expense, maintain, repair and replace all other parts of the Premises in good condition and repair including, without limitation, all utilities, fixtures, mechanical, electrical, plumbing systems and equipment located in, on or about the Premises, and the heating, ventilating and air conditioning ("HVAC") system(s) servicing the Premises. Lessee, at its sole cost and expense, shall keep and maintain the Premises and the areas immediately surrounding the Premises, at all times in a neat, clean and sanitary condition (including the removal and/or disposal of any trash) and in accordance with all governmental requirements, and Lessee shall, at its sole cost and expense, repair and replace all damage to the Premises caused by Lessee and its agents, officers, employees, contractors and invitees. If Lessee fails to comply with the above obligations and such failure continues for three(3)days after notice from Lessor,Lessor may perform,but is not obligated to perform,any such Lessee obligation, and the cost thereof shall be paid by Lessee as Additional Rent within ten (10) days of demand from Lessor. It is the parties intention that the Lease be a "net lease", and Lessee shall pay, in addition to Rent, all costs and expenses related to the Premises, including without limitation, all maintenance, repair and replacement expenses, except as specifically provided to the contrary in this Lease. Lessee shall throughout the Term maintain a service contract with an air conditioning repair firm approved by Lessor, at Lessee's sole cost, for the regular and emergency maintenance and repair and replacement of the HVAC systems servicing the Premises, including, without limitation, the periodic cleaning of the coils of the HVAC unit. Neither Lessee nor Lessee's employees, agents contractors or invitees shall be permitted access to the roof of the Premises or Shopping Center. Additionally, if the HVAC system (or other utility equipment) is damaged by vandalism, fire, lightning or other casualty, Lessee shall be responsible for the cost of repair (and if necessary,replace)the equipment. Lessee's sole right of recovery shall be against Lessee's insurers for loss or damage to stock, furniture and fixtures, equipment, improvements and betterments. For any work that Lessee is responsible under this Lease which involves access to and/or penetration of the roof surface, without limiting Lessor's right to approve any alterations or work (and contractors performing the same) as provided in Sub-section (C) below, Lessee shall provide Lessor prior written notice and shall employ Lessor's contractor at Lessee's sole cost.Notwithstanding anything to the contrary contained in this Lease, Lessee shall not be permitted to perform any structural alterations or repairs to the Premises, and at Lessor's sole election either Lessor or Lessor's designated contractor shall perform, at Lessee's sole cost and expense, any such structural alterations and repairs. As a part of Lessee's general maintenance obligation, Lessee shall enter into an annual contract with a licensed, bonded and insured pest control contractor reasonably acceptable to Lessor, fully licensed to inspect and treat for pests, which shall provide services as dictated by Lessee and as Lessor may reasonably require from time to time. Upon demand by Lessor, Lessee shall furnish to Lessor a copy of the pest control maintenance contract described above. Nothing stated hereinabove shall limit Lessee's obligation to maintain the Premises free of pests throughout the Term. Lessee shall also close out any permits pulled by or on behalf of Lessee. C. Lessee shall not make any alterations to the Premises without the prior written consent of Lessor. Lessor shall not unreasonably withhold its consent to any interior, nonstructural alterations, but Lessor may withhold or deny its consent to any exterior alterations, or to any alterations which affect the roof, structure or mechanical electrical or plumbing facilities serving the Premises in its sole discretion. In any 6 event,Lessor must approve any contractors Lessee may engage to perform any alterations in, on,or about the Premises. D. In order to comply with the provisions of Section 713.10 Florida Statutes, it is specifically provided that neither Lessee nor anyone claiming by, through or under Lessee, including, without limitation, contractors, subcontractors, materialmen, mechanics and Iaborers, shall have any right to file or place any kind of lien whatsoever upon the Premises or the Center or any improvement thereon, and any such liens are specifically prohibited. All parties with whom Lessee may deal are put on notice that Lessee has no power to subject Lessor's interest to any claim or lien of any kind or character, and all such persons so dealing with Lessee must look solely to the credit of Lessee, and not to Lessor's interest or assets. Lessee shall put all such parties with whom Lessee may deal on notice of the terms of this Section. If at any time a lien or encumbrance is filed against the Premises or the Center as a result of Lessee's work, materials or obligations,Lessee shall promptly discharge said lien or encumbrance, and if said lien or encumbrance has not been removed within ten(10) days from the date it is filed,Lessee agrees to deposit with Lessor cash in an amount equal to one hundred fifty percent (150%) of the amount of any such lien or encumbrance,to be held by Lessor(without interest to Lessee)until any such lien or encumbrance is discharged. SECTION TEN SURRENDER OF PREMISES Lessee shall surrender the Premises at the end of the Term, or any renewal of such Term, in the same condition as when Lessee took possession, allowing for reasonable use and wear. Before surrender, Lessee shall remove all business signs placed on the Premises by Lessee and restore the portion of the Premises on which they were placed in the same condition as when delivered by Lessor. Lessor shall have the right 90 days prior to the termination of this lease (or at any time Lessee is in default of its obligations under this Lease)to place"FOR RENT"signs (or their equivalent) in or on the Premises. In the event that, at any time after the execution of this Lease,the Shopping Center becomes subject to a site plan revision (a "Redevelopment") affecting the Shopping Center and all or any portion of the remaining block on which the Property is located, Lessor and Lessee agree that Lessor may give Lessee written notice ("Lessor Early Termination Notice") of its election to terminate the Lease effective at least ninety(90) days following the date lessor's Early Termination Notice is delivered to Lessee. The Notice shall state the effective date of the termination. Lessor agrees that as of the issuance of Lessor's Early Termination Notice, Lessee shall be entitled to compensation (the "Buyout Fee") for the unamortized value of Lessee's improvements to the Premises. The amount of the Buyout Fee shall be based on the effective date of the termination as set forth in Lessor's Early Termination Notice. The Buyout Fee shall be paid to Lessee within ten(10) business days following the surrender of the Premises to Lessor in the condition required by the Lease. SECTION ELEVEN PARTIAL DESTRUCTION OF PREMISES Partial destruction of the Premises shall not render this Lease void or voidable, nor terminate it except as specifically provided in this Lease. If the Premises are partially destroyed during the Term of this Lease, 7 Lessor shall repair them when such repairs can be made in conformity with governmental laws and regulations, within 180 days of the partial destruction. Written notice of the intention of Lessor to repair shall be given to Lessee within 60 days after any partial destruction. Fixed Rent will be reduced proportionately to the extent to which the repair operations interfere with the business conducted on the Premises by Lessee. If the repairs cannot be made within the time specified above, Lessor shall have the option to make them within a reasonable time and continue this Lease in effect with proportional rent rebate to Lessee as provided for in this Lease. If the repairs cannot be made in 180 days, and if Lessor does not elect to make them within a reasonable time,either party shall have the option to terminate this Lease. Disputes between Lessor and Lessee relating to provisions of this section shall be arbitrated. The parties shall each select an arbitrator, and the two arbitrators selected shall together select a third arbitrator. The three arbitrators shall determine the dispute, and their decisions shall be binding on the parties. The parties shall divide the costs of arbitration equally between them. SECTION TWELVE ENTRY ON PREMISES BY LESSOR Lessor reserves the right to enter on the Premises at reasonable times to inspect them, perform required maintenance and repairs, or to make additions, alterations, or modifications to the Common Areas or to any part of the building in which the Premises are located, and Lessee shall permit Lessor to do so. Lessor may erect scaffolding, fences,.and similar structures, post relevant notices, and place moveable equipment in connection with making alterations, additions, or repairs, all without incurring liability to Lessee for disturbance of quiet enjoyment of the Premises, or loss of occupation or use of the Premises. Lessor will have the right (i) to establish, modify and enforce reasonable rules and regulations from time to time with respect to the Common Areas; (ii) to enter into, modify and terminate agreements pertaining to the use and maintenance of the Common Areas; (iii) to close temporarily portions of the Common Areas; and (iv)to do and perform such other acts in and to said areas and improvements as Lessor shall determine. SECTION THIRTEEN SIGNS,AWNINGS,AND MARQUEES INSTALLED BY LESSEE Lessee shall not construct or place signs, awnings, marquees,or other structures projecting from the exterior of the Premises without the prior, express, and written consent of Lessor, which consent may be granted or withheld in Lessor's sole and absolute discretion. Subject to municipal code approval (to be obtained by Lessee), Lessor hereby approves Lessee's signage as shown on Exhibit D. Lessee shall remove signs, displays, advertisements, or decorations it has placed on the Premises that, in the opinion of Lessor, are offensive or otherwise objectionable in Lessor's sole opinion. if Lessee fails to remove such signs, displays, advertisements, or decorations within 5 days after receiving written notice from Lessor to remove them, Lessor reserves the right to enter the Premises and remove them at the expense of Lessee. In any event, Lessee shall conform any signs to the Sign Criteria then in effect for the Shopping Center. Except as provided herein and approved by Lessor, Lessee shall have no other rights to have any other signage or other identification displayed in the Shopping Center. Lessee shall be entitled to maintain a sign panel on the Shopping Center Pylon in the size and location shown on Exhibit D. Such panel shall conform to the manufacturer's specifications for the pylon structure, and shall be manufactured, delivered, and installed at Lessee's sole expense. Lessor reserves the right to 8 require Lessee to use Lessor's sign company to install Lessee's panel. Lessee shall maintain, repair, and replace(as necessary) its panel on the pylon,and Lessee agrees to replace such panel if, in Lessor's opinion, such panel becomes faded, broken, cracked, or otherwise in disrepair. If Lessee fails to replace such panel within thirty (30) days following Lessor's written notice, or if Lessee is in default of this Lease beyond any applicable notice and cure periods, Lessor may remove Lessee's panel(at Lessee's expense)and replace the same with a blank panel, or at Lessor's option a panel identifying another tenant or occupant of the Shopping Center. Lessee shall file the required store sign applications with the City of Boynton Beach within 30 days of the date of this Lease, and shall install the store sign within 30 days of receipt of a permit from the City of Boynton Beach to install the store sign. SECTION FOURTEEN BUSINESS SALE SIGNS Lessee shall not conduct "Going out of Business," "Lost Our Lease," "Bankruptcy," or other sales of a similar nature on the Premises without the prior written consent of Lessor. In no event shall Lessee erect or maintain any permanent or temporary signage (i.e., "reader boards", billboards, "lollipop" signs, mobile marquee, vehicles bearing signage identifying Lessee) in or on the Premises or the Common Area, without the prior written approval of Lessor,which may be withheld in Lessor's sole discretion. SECTION FIFTEEN NONLIABILITY OF LESSORIEXCULPATION Lessor shall not be liable for liability or damage claims for injury to persons or property from any cause relating to the occupancy of the Premises by Lessee, including those arising out of damages or losses occurring on sidewalks and other areas adjacent to the Premises during the Term of this Lease or any extension of such Term. Lessee shall indemnify Lessor, its agents, employees, officers and directors, to the greatest extent permitted by the laws of the State of Florida from any and all liability, loss, or other damage claims or obligations resulting from any injuries or losses of any nature, directly or indirectly related to the Lessee's use and occupancy of the Premises, including,without limitation, any claims arising in common or other areas of the property of the Lessor. The obligations of Lessor under this Lease do not constitute personal obligations of Lessor or its individual partners, shareholders, directors, officers, employees and agents, and Lessee shall look solely to Lessor's then existing interest in the Premises,and to no other assets, for satisfaction of any liability in respect of this Lease, and will not seek recourse against Lessor's individual partners, shareholders, directors, officers, employees or agents, or any of their personal assets or those of any related entity for such satisfaction, No other properties or assets of Lessor or any related entity shall be subject to levy, execution, or other enforcement procedures for the satisfaction of any judgment(or other judicial process)or for the satisfaction of any other remedy of Lessee arising out of or in connection with this Lease, the relationship of landlord and tenant, or Lessee's use of the Premises. Lessee's sole right and remedy in any action concerning Lessor's reasonableness (if and where the same is required under this Lease) shall be an action for either declaratory judgment or specific performance. 9 SECTION SIXTEEN LIABILITY INSURANCE Lessee shall procure and maintain in force at its expense during the Term of this Lease and any extension of such Term,public liability insurance (and liquor liability insurance, if applicable) with insurance companies and through brokers approved by Lessor. Such coverage shall be adequate to protect against liability for damage claims through public use of or arising out of accidents occurring in or around the Premises, in a minimum amount of$1,000,000 for each person injured, $3,000,000 for any one accident, and $1,000,000 for property damage. The insurance policies shall provide coverage for contingent liability of Lessor on any claims or losses. Lessor, and any other persons or entities designated by Lessor, must be named as an additional named insured under any such policy of insurance. The insurance policies shall be delivered to Lessor for safekeeping. Lessee shall obtain a written obligation from the insurers to notify Lessor in writing at least 30 days prior to cancellation or refusal to renew any policy. If the insurance policies required by this section are not kept in force during the entire Term of this Lease or any extension of such Term, Lessor may, but shall not be required to procure the necessary insurance and pay the premium for it, and the premium shall be repaid to Lessor as an Additional Rent installment for the month following the date on which the premiums were paid by Lessor. SECTION SEVENTEEN ASSIGNMENT, SUBLEASE, OR LICENSE Lessee shall not assign or sublease the Premises (or any part thereof), nor grant any right or privilege connected with the Premises or use thereof, nor allow any other person except agents and employees of Lessee to occupy the Premises (or any part thereof) without first obtaining the prior written consent of Lessor, which consent may be granted or withheld by Lessor in its sole and absolute discretion. Consent by Lessor to one assignment, sublease or license shall not be consent to any subsequent assignment, sublease, or license. An unauthorized assignment, sublease, or license to occupy by Lessee shall be void and at the option of Lessor shall terminate this Lease. The interest of Lessee in this Lease is not assignable by operation of law without the written consent of Lessor. Any assignment for the benefit of creditors, or any transfer of stock, partnership, or other form of ownership interest in Lessee is prohibited except in accordance with the provisions of this Section. In addition, no assignment, sublease or license, whether with or without Lessor's consent shall affect any personal or corporate guaranty. As a condition of considering any request for Lessor's approval, together with its request, Lessee shall pay Lessor a review fee of One Thousand Dollars ($1,000.00), plus Lessor's reasonable attorney fees and or administrative fees in reviewing the terms and considerations of any proposed assignment, sublease or license,whether or not such transfer is approved by Lessor. SECTION EIGH TEENT BREACH Failure to pay any item of Rent when due, the appointment of a receiver to take possession of the assets of 10 Lessee, a general assignment for the benefit of the creditors of Lessee, any action taken or allowed to be taken by Lessee under any bankruptcy act,or the failure of Lessee to comply with any term and/or condition of this Lease shall constitute a breach of this Lease. Lessee shall have 5 days after receipt of written notice from Lessor of any breach to correct the conditions specified in the notice. If Lessee cannot reasonably cure such breach within the 5 day period, Lessee shall have a reasonable time to correct the default, provided such action is commenced by Lessee within 5 days after receipt of the notice and diligently pursued to completion. Such additional time shall not be required for any event involving a failure to pay any item of Rent when due. SECTION NINETEEN REMEDIES OF LESSOR FOR BREACH BY LESSEE Lessor shall have the following remedies in addition to its other rights and remedies in the event Lessee breaches this Lease and fails to make corrections as set forth in Section Eighteen: A. Lessor may reenter the Premises immediately and remove the property and personnel of Lessee, store the property in a public warehouse or at a place selected by Lessor,at the expense of Lessee. B. After reentry, Lessor may terminate this Lease on giving la days written notice of termination to Lessee. Without such notice,reentry will not terminate this Lease. On termination,Lessor may recover from Lessee all damages proximately resulting from the breach, including, but not limited to, the cost of recovering the Premises and the balance of the Rent payments remaining due and unpaid under this Lease. C. After reentering, Lessor may relet the Premises or any part of the Premises for any term without terminating this Lease, at such rent and on such terms as it may choose. Lessor may make alterations and repairs to the Premises. The duties and liabilities of the parties if the Premises are relet shall be as follows: (1)In addition to Lessee's liability to Lessor for breach of this Lease, Lessee shall be liable for all expenses of the reletting, for the alterations and repairs made, and for the difference between the rent received by Lessor under the new Lease and the Rent installments that were due for the same period under this Lease. (2) Lessor, at its option, shall have the right to apply the rent received from reletting the premises (a)to reduce Lessee's indebtedness to Lessor under this Lease, not including indebtedness for Rent, (b) to expenses of the reletting and alterations and repairs made, (c) to Rent due under this Lease, or (d) to payment of future Rent under this Lease as it becomes due. If the new Lessee does not pay a Rent installment promptly to Lessor, and the Rent installment has been credited in advance of payment to the indebtedness of Lessee other than Rent, or if rentals from the new Lessee have been otherwise applied by Lessor as provided for in this section, and during any Rent installment period, are less than the Rent payable for the corresponding installment period under this Lease, Lessee shall pay Lessor the deficiency, separately for each rent installment deficiency period, and before the end of that period. Lessor may, at any time after such reletting, terminate this Lease for the breach on which Lessor based the reentry and relet the Premises. After reentry,Lessor may procure the appointment of a receiver to take possession and collect rents and profits of the business of Lessee. If necessary to collect the rents and profits,the receiver may carry on the 11 business of Lessee and take possession of the personal property used in the business of Lessee, including inventory, trade fixtures, and furnishings and use them in the business without compensating Lessee. Proceedings for appointment of a receiver by Lessor, or the appointment of a receiver and the conduct of the business of Lessee by the receiver, shall not terminate this Lease unless Lessor has given written notice of termination to Lessee as provided in this Lease. SECTION TWENTY ATTORNEY AND BROKER FEES If Lessor engages the services of an attorney or law firm in an effort to enforce any agreement contained in this Lease, or for breach of any covenant or condition, by filing an action or otherwise, Lessee shall pay Lessor reasonable attorney fees for the services of Lessor's attorney in the action. SECTION TWENTY-ONE CONDEMNATION Eminent domain proceedings resulting in the condemnation (or a deed in lieu thereof) of a part of the Premises, but leaving the remaining premises usable by Lessee for the purposes of its business, will not terminate this Lease unless Lessor, at its option, terminates this Lease by giving written notice of termination to Lessee. The effect of any condemnation,where the option to terminate is not exercised,will be to terminate this Lease as to the portion of the Premises condemned, and the lease of the remainder of the Premises shall remain intact. The Fixed Rent for the remainder of the lease term shall be reduced by the amount that the usefulness of the Premises has been reduced for the business purposes of Lessee. Lessee assigns and transfers to Lessor any claim it may have to compensation for damages as a result of any condemnation. Lessee shall have no claim upon any award or damages awarded to Lessor by virtue of any condemnation or deed in lieu thereof. SECTION TWENTY-THREE WAIVERS Waiver by Lessor of any breach of any covenant or duty of Lessee under this lease is not a waiver of a breach of any other covenant or duty of Lessee, or of any subsequent breach of the same covenant or duty. SECTION TWENTY-FOUR GOVERNING LAW It is agreed that this Lease shall be governed by, construed, and enforced in accordance with the laws of the State of Florida SECTION TWENTY-FIVE ENTIRE AGREEMENT This Lease shall constitute the entire agreement between the parties. Any prior understanding or 12 representation or any oral agreement of any kind preceding the date of this Lease shall not be binding upon either party except to the extent incorporated in this Lease or by separate written instrument executed by both parties or their authorized representatives. SECTION TWENTY-SIX MODIFICATION OF AGREEMENT Any modification of this Lease or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party. SECTION TWENTY-SEVEN NOTICES All notices, demands, or other writings that this Lease requires to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail,registered and postage prepaid, and addressed as follows: To Lessor: YACHTSMAN PROPERTIES, LLC 80 Business Park Drive, Suite 103 Armonk,NY 10504 To Lessee: AMAR BAKERY,LLC 17070 Boca Club Blvd,Unit 1 Boca Raton,Florida 33487 The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided. SECTION TWENTY-EIGHT BINDING EFFECT This Lease shall bind and inure to the benefit of the respective heirs,personal representatives, successors, and assigns of the parties. SECTION TWENTY-NINE TIME OF THE ESSENCE It is specifically declared and agreed that time is of the essence of this Lease and each and every provision hereof. 13 SECTION THIRTY PARAGRAPH HEADINGS The titles to the paragraphs of this Lease are solely for the convenience of the parties and shall not be used to explain,modify, simplify,or aid in the interpretation of the provisions of this Lease. SECTION THIRTY-ONE OPTION TO EXTEND Provided Lessee has not been in default of this Lease beyond any notice and cure periods at any time prior to its exercise, Lessee may exercise its option to extend the term of this Lease for one (1) additional term (the "Extension Term") of Five (5) years. Lessee must exercise such option, if at all, by written notice delivered to Lessor no later than six (6) months prior to the Termination Date (time being of the essence). All of the terms of the Lease shall remain in effect, except that the Fixed Rent during the first year of the Extension Term shall be"Fair Market Rent". Fixed Rent for each subsequent year shall be the Fixed Rent for the prior year increased by 3 percent(3%). The term"Fair Market Rent"shall mean the monthly amount per square foot that a willing landlord would accept and a willing retail tenant would pay, at arms-length, for a comparable commercial building located in the vicinity of the Shopping Center for a use similar to that of Lessee at the time of such negotiation. In the event that the parties cannot agree on the Fair Market Rent for such Extension Term before the Termination Date, Lessor and Lessee jointly shall select an independent third party appraiser reasonably acceptable to both parties. The cost of the third party appraisal shall be shared by the parties. If Lessor and Lessee cannot agree upon an independent third party appraiser, then either party may request a court of competent jurisdiction to appoint such an appraiser. The decision of the appraiser shall be binding upon Lessor and Lessee. SECTION THIRTY-TWO RELOCATION Notwithstanding any other provision in this Lease,Lessor in its sole discretion shall have the option at any time to relocate Lessee from the Leased Premises (the "Present Premises") into other premises in the Shopping Center(the "New Premises"). Lessor shall give Lessee at least forty-five(45)days notice of the approximate date Lessee is to move to the New Premises. Lessor shall prepare the New Premises to the same extent that Lessor prepared the Present Premises. The New Premises will have at least the same amount of square foot area as the Present Premises. Lessor shall pay for moving Lessee's inventory, fixtures, equipment and storefront sign to the New Premises. The New Premises will become the Leased Premises (instead of the Present Premises) and the Rent (including all of Lessee's other monetary obligations to Lessor under the Lease) and all the other terms and provisions of this Lease shall be transferred to and continue to apply, without interruption, to the New Premises from and after the date Lessee is required to move pursuant to this Section. 14 SECTION THIRTY-THREE GUARANTY As a condition of Lessor's entering into this Lease, Taryn Okada of 2591 Desante Dr. Henderson NV 89044, Susanna Gill Kurban and Nicholas Kurban both of 17070 Boca Club Blvd, Boca Raton, Florida 33487 ("Guarantors') is concurrently executing personal guarantys, guaranteeing Lessee's full and faithful performance of the terms and conditions of this Lease. Such personal guaranty is of both payment and performance, and shall be without recourse to any other rights or remedies available to Lessor. The rest of the page is intentionally left Blank Signature Page Attached 15 IN WITNESS WHEREOF,the respective parties have signed, sealed and delivered this Lease on the date and year written below. LESSOR: YACHTSMANS PROPERTIES,LLC, a Delaware limited liability company WITNESS: Bv: la'� l Its WITNES Dated .......... LESSEE: AMAR BAKERY LLC A Florida LLC WITNESS: Its (SEAL) Dated- 16 EXHIBIT A SITE PLAN at � _ ......... fag - i i t � 3 .......... 17 EXHIBIT B LESSEE'S WORK Lessee will take the unit"as is." LESSOR'S WORK Lessor will deliver the Unit"as is, where is." 18 EXMBIT C EXCLUSIVE AND PROHIBITED USES 1. Adult book stores, adult theatre,or adult amusement facility. 2. Amusement centers, arcade/game rooms. 3. Automobile and light truck new sales or rental. 4. Automobile service and self-service gas stations. 5. Automobile/motorcycle repair shops. 6. Automobile storage. 7. Bath and massage parlors. 8. Billiard rooms,bowling alleys, skating or roller rinks and poolrooms. 9. Any industrial or mining use. 10. Dry cleaners with on-site cleaning plant. 11. Office use(except incidental to a retail use permitted hereunder). 12. Medical observatory dormitories or any other sleeping quarters or lodging. 13. Mortuaries or funeral homes. 14, Gambling. 15. Open-air theaters. 16. Propagating and growing plants for sale. 17. Pubs,bars,nightclubs or discos. 18. Self-service storage facilities. 19. Skating rinks 20. Truck rentals. 21. The retail sale of new cellular phones and cellular phone plans. 21. Any other use not allowed under this Lease,prohibited bylaw or for which Lessor has granted another occupant an exclusive use right. 19 EXHIBIT D SIGNAGE tblxlANfAW BAGAS.Od0AdU1R AE1CIKt6 �_•. �• eePAfo IR %j tYT&fst+,r{�y4t'CFMfAFA � fi f7t�YlkbR67(RkEI .. -� �I�PIEm6eA�F�E Y9'a LV'AiAl1841t fRElN tE4T[A5 fll�IAlfa� HCdkUJP P4N�f9®,3IhlU 12R'•20R 1Atf 9C�Lk1ifASF�tbfl°9�P � A6PEAAEC�tLUt '" - __ Pt1SIkUGNElaf1915i7A '__' So 6'x>;e'MIplt�p+RRTf 19]'13�/tfiY YI d'a Y x 1!d'kIN&U7N 5GIlJFL Cl'Br: FLU FIX wua to LetterDetall: WtY>,IOidly tlNaaWf0IIH 7RF 1J11fi7d L....I t.___..•,i ._. t_..-+1_.-..( L��__I '�_9 1—! 1r.1 5...� ___.,� .. 6q R 601I1W 6JGCWA1f W Ya7G9 WWl ,.-. P y Y ra.pwrm ararwpa Mesar i ..j�r,W Barry rwa tw ra.oac t• i E w'rcEs j wmfer miMF awm:tarmm ror i arm anm re+ex n.... 'pn i 20 EXIHBIT D—Continued MONUMENT__S-IGNAGE CEAN FWL:bMAZ- i i W �.� y , WnRUAi V ILUAVNMD WOOLE SHIED MSNUMOT HSM a e ,-- N PALM PLAZA e ------------ �zoa ams t�n�ara+ � i i.. E ......................... y � a * it is expected that Lessee will have at least one(1)space on the monument. 21 GUARANTY OF LEASE THIS GUARANTY OF LEASE AGREEMENT"Guaranty"is made and entered into this Z.aday of e � 2D,2922-by Susan Gill Kurban, an individual having an address at 17070 Baca Club Blvd, Boca Raton,Florida 33487("Guarantor"),in favor of YACHTSMANS PROPERTIES,LLC,a Delaware limited liability company("Landlord'). WITNESSETH: WHEREAS,AMAR BAKERY,LLC with a principle place of business at 17070 Boca Club Blvd,,Unit 1, Boca Raton, Florida 33487("Tenant"), and Landlord entered into that certain Lease "Lease" dated :a 0=1120W,with respect to the Property as more particularly described in the Lease(all capitalized { terms not defined herein shall have the same meanings ascribed to them in the Lease);and WHEREAS,in order to induce Landlord to enter into the Lease,the undersigned Guarantor(s)has agreed to guaranty the payment of all rents and charges,and the performance of all of Tenant's obligations,under the Lease. NOW,THEREFORE,in consideration of the execution and delivery of the Lease by Landlord,and other good and valuable considerations,the receipt and sufficiency of which are hereby acknowledged,Guarantor hereby agrees as follows: 1.The undersigned hereby guarantees to the Landlord and to any mortgagee holding a mortgage upon the interest of Landlord in the Property,the due and punctual payment of all Rent payable under the Lease,and each and every installment thereof,as well as the full and prompt and complete performance by the Tenant of each and all of the terms,covenants and conditions in the Lease contained on the part of the Tenant therein to be kept,observed and performed, for the Term,with no less force and effect than if the undersigned were named as the Tenant in the Lease,and the undersigned,will forthwith on demand pay all amounts at any time in arrears,and will make good any and all Events of Default occurring under the Lease,Guarantor hereby waiving any rights to prior demand or Landlord's enforcement of the Lease first against Tenant.This Guaranty and the liability of the undersigned shall be absolute,and unlimited,and shall in no way be impaired or affected by any assignment which may be made of the Lease,or any subletting hereunder,or by any extension(s)of the payment of any Rent,Guarantor hereby waiving any defenses against such amounts and/or performance under Vie Lease which Tenant may have had, asserted and/or been entitled to assert against such amounts and/or performance under the Lease. 2.No action or proceeding brought or instituted under this Guaranty against the undersigned,and no recovery had in pursuance thereof,shall be a bar or defense to any further action or proceeding which may be brought under this Guaranty by reason of any further default or defaults of Tenant.The liability of the undersigned shall not be deemed to be waived, released, discharged, impaired or affected by reason of the release or discharge of the Tenant including,but not limited to,any release or discharge pursuant to any reorganization, readjustment, insolvency, receivership or bankruptcy proceedings. There shall be no modification of the provisions of this Guaranty unless the same be in writing and signed by the undersigned and the Landlord. 3.All of the terms,covenants and conditions of this Guaranty shall be joint and several,and shall extend to and be binding upon the undersigned,their heirs,executors,administrators,and assigns,and shall inure to the benefit of the Landlord,its successors and assigns,and to any future owner of the fee of the Property and to any mortgagee of the Landlord. Landlord may,without notice,assign the Lease or this Guaranty in whole or in part,and the undersigned agrees that no modification of the terms, covenants or conditions of the Lease shall in anyway impair or affect the undersigned's obligations hereunder. 4.If either party hereto brings any action to enforce rights under this Guaranty,whether judicial,administrative or otherwise,the prevailing party in that action shall be entitled to recover from the losing party all fees and court costs incurred,including reasonable attorneys'fees,whether such costs and fees are incurred out of court, at trial,on appeal,or in any bankruptcy proceeding.This Guaranty and the rights and obligations of the parties hereto are governed by the laws of the State of Florida. S.If any term,covenant or condition of this Guaranty,or the application thereof to any person or circumstance, shall,to any extent,be invalid or unenforceable,the remainder of the Guaranty,or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby,and each term,covenant or condition of this Guaranty shall be valid and enforceable to the fullest extent permitted by applicable law.The execution of this Guaranty prior to the execution of the Lease shall not invalidate this Guaranty or lessen the obligations of the Guarantor(s) hereunder. 6.LANDLORD AND THE UNDERSIGNED HEREBY MUTUALLY WAIVE ANY AND ALL RIGHTS WHICH EITHER MAY HAVE TO REQUEST A JURY TRIAL IN ANY PROCEEDING AT LAW OR IN EQUITY IN ANY COURT OF COMPETENT JURISDICTION WHICH PROCEEDING IS UNDER,IN CONNECTION WITH OR RELATED TO THIS GUARANTY,THE UNDERSIGNED ACKNOWLEDGES THAT THE WAIVER IS A MATERIAL INDUCEMENT TO LANDLORD TO ENTER INTO THE LEASE. 7.This Guaranty contains the entire agreement between the parties with respect to the matters contained herein,and shall not be modified except in writing executed by all parties. IN WITNESS'WHEREOF,the undersigned have executed this Guaranty on thiQ'A day of OCI ,2021. GUARANTOR: Susan Gill Kurban Tax ID No.ISSN;`-'"�c ® G 3:4,6 Phone Number: yD "lJ STATE OF COUNTY OF This instrument was sworn,subscribed and acknowledged before me on this? day of 31 Vit. 12021 by .,.s f a end _ .. .__. ,who is personally`known to me or who produced p M rf: . ; G --s-as identification. MARK L.JONES :.--A✓ _ Commission ft GG 144602 / ✓'` ✓` WQW'6 Expires January 14,2022 rOF Banded Him GUARANTY OF LEASE THIS GUARANTY OF LEASE AGREEMENT"Guaranty"is made and entered into this I May of fl� 2022 by Nicholas Kurban, an individual having an address at 17070 Boca Club Blvd,Boca Rato , orlda 33487("Guarantor"),in favor of YACHTSMANS PROPERTIES,LLC,a Delaware limited liability company("Landlord'). WITNESSETH: WHEREAS,ANIAR BAKERY,LLC with a principle place of business at 17070 Boca Club Blvd„Unit 1, Boca Raton, Florida 33487("Tenant"), and Landlord entered into that certain Lease "Lease" dated 2024,with respect to the Property as more particularly described in the Lease(all capitalized terms not defined herein shall have the same meanings ascribed to them in the Lease);and WHEREAS,in order to induce Landlord to enter into the Lease,the undersigned Guarantor(s)has agreed to guaranty the payment of all rents and charges,and the performance of all of Tenant's obligations,under the Lease. NOW,THEREFORE,in consideration of the execution and delivery of the Lease by Landlord,and other good and valuable considerations,the receipt and sufficiency of which are hereby acknowledged,Guarantor hereby agrees as follows: 1.The undersigned hereby guarantees to the Landlord and to any mortgagee holding a mortgage upon the interest of Landlord in the Property,the due and punctual payment of all Rent payable under the Lease,and each and every installment thereof,as well as the full and prompt and complete performance by the Tenant of each and all of the terms,covenants and conditions in the Lease contained on the part of the Tenant therein to be kept,observed and performed, for the Term,with no less force and effect than if the undersigned were named as the Tenant in the Lease,and the undersigned,will forthwith on demand pay all amounts at any time in arrears,and will make good any and all Events of Default occurring under the Lease,Guarantor hereby waiving any rights to prior demand or Landlord's enforcement of the Lease first against Tenant.This Guaranty and the liability of the undersigned shall be absolute,and unlimited,and shall in no way be impaired or affected by any assignment which may be made of the Lease,or any subletting hereunder,or by any extension(s)of the payment of any Rent,Guarantor hereby waiving any defenses against such amounts and/or performance under the Lease which Tenant may have had,asserted and/or been entitled to assert against such amounts and/or performance under the Lease. 2.No action or proceeding brought or instituted under this Guaranty against the undersigned,and no recovery had in pursuance thereof,shall be a bar or defense to any further action or proceeding which may be brought under this Guaranty by reason of any further default or defaults of Tenant.The liability of the undersigned shall not be deemed to be waived, released, discharged, impaired or affected by reason of the release or discharge of the Tenant including,but not limited to,any release or discharge pursuant to any reorganization, readjustment, insolvency, receivership or bankruptcy proceedings. There shall be no modification of the provisions of this Guaranty unless the same be in writing and signed by the undersigned and the Landlord. 3.All of the terms,covenants and conditions of this Guaranty shall be joint and several,and shall extend to and be binding upon the undersigned,their heirs,executors,administrators,and assigns,and shall inure to the benefit of the Landlord,its successors and assigns,and to any future owner of the fee of the Property and to any mortgagee of the Landlord.Landlord may,without notice,assign the Lease or this Guaranty in whole or in part, and the undersigned agrees that no modification of the terms,covenants or conditions of the Lease shall in anyway impair•or affect the undersigned's obligations hereunder. 4.If either party hereto brings any action to enforce rights under this Guaranty,whether judicial,administrative or otherwise,the prevailing party in that action shall be entitled to recover from the losing party all fees and court costs incurred,including reasonable attorneys'fees,whether such costs and fees are incurred out of court, at trial,on appeal,or in any bankruptcy proceeding.This Guaranty and the rights and obligations of the parties hereto are governed by the laws of the State of Florida. 5.If any term,covenant or condition of this Guaranty,or the application thereof to any person or circumstance, shall,to any extent,be invalid or unenforceable,the remainder of the Guaranty,or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby,and each term,covenant or condition of this Guaranty shall be valid and enforceable to the fullest extent permitted by applicable law.The execution of this Guaranty prior to the execution of the Lease shall not invalidate this Guaranty or lessen the obligations of the Guarantor(s) hereunder. 61ANDLORD AND THE UNDERSIGNED HEREBY MUTUALLY WAIVE ANY AND ALL RIGHTS WHICH EITHER MAY HAVE TO REQUEST A JURY TRIAL IN ANY PROCEEDING AT LAW OR IN EQUITY IN ANY COURT OF COMPETENT JURISDICTION WHICH PROCEEDING IS UNDER,IN CONNECTION WITH OR RELATED TO THIS GUARANTY.THE UNDERSIGNED ACKNOWLEDGES THAT THE WAIVER IS A MATERIAL,INDUCEMENT TO LANDLORD TO ENTER INTO THE LEASE. 7.This Guaranty contains the entire agreement between the parties with respect.to the matters contained herein,and shall not be modified except in writing executed by all parties. } IN WITNESS WHEREOF,the undersigned have executed this Guaranty on this nday of ',�!5kUk,,2021. UARA.NTOR: NicholasKurban � - .�_�`""'•�--�—==•=::�, Tax ID No.ISSN: Phone Number: 3A t~ STATE OF COUNTY OF This instrument was sworn,subscribed and acknowledged before me on this�`� day of t"i`f es,2021 by and who is personally"known to me or who producedt „f ;.f;.�.�; i_,. •, as identification. ,WY POO� .•` G Ota I�i61tC r"" t n MARK L.JONES Commrssion tl CG 149662 v;�` '7fioF0 Cxpiras Janusry14,2022 aarketll7uuduQgerNuiury5uh�coo I GUAR=oF Lam AGRrEmEw-(jomoty-is made and entered into thi day of ) 2alt SU LEA3M Okada. an individual having an adde=at 2S91 _S,LLC,a DolwNars limited liability NV89044 cuttanume),in fimor of YACIMMANS FROPERTEP Defiante Dr.Henderson company(qmullonn. %VFFMSUM- WHEREAS,AMAR BAKERY,LLC with a principle place of1businces at 17070 Boca Club Blvd,,unit j. Voca Raton, Florida 33497ffecour), and Landlord entered into that certain Lem %ease' dated ,ria respect 10 Me posPOItY W mom particularly described in the Lease(all capitalized loans not defined heyom shall have the same meanings ascribed to them in the IAM);and WIMREAS,in order to induce lanaload to enter into the Laasq�the undersigned Guourntor(s)has agneed to guaranty the poynt=*fan CoM and chzrges�and the performance of all ofTenanfe abligations,under Low e. 0 at NOW,TBEREFORE,® consideration ofthe execution and delivery of the Lease by Landlord,andother good andvaluable considerations,the mocipt and sufficioncy oto 'ch am hereby acknowledged,Guarantor bereby agrees as auk; 1°The undomignod hereby guarantees to the Landlord and to any mortgages holding a reengage upo c o Lease,an interest of Landlord in the Property,the due and punctual payment of all Rent payable under th th each and every installment thereof d ,as well as the fidl and prompt and complete performance by the Tenant of each and all ofthe term%covenants and conditions in the Ltaw contained an the put of the Tenant therein to be kepk observed and Pelformod,for the Tenn.with no less force and effect than if the undersigned were �anmd as the Tenant in the Lcuo and the undersignerl,wMI forthwith an demand pay all amounts at any time in arrears,and will make good any and aft Events of DeWt occurring under the Lease,Guarantor hereby waiving any fights to prior demand or Landlord's ChAmcemeat ofthe Lease first against Tenant This Gnamory and the liabilityoffim Undersigned shall be absolute,and unHmikA and shall in no way be° p ' or affected by any assigamicat'which may be made of LAMM,or any subletting hereunder,or by any exlension(s)ofthe payment o Rent Guarantor hereby weavius any defenses against a=&wriounts and/or performance under the Lem which Team may have had,asserted andibr been entitled to assest allainst such antourds and/or Performance under the Lcasc ®No action or proceeding brought or" undertiris Chamuty against the undersigned,and no recovery had in p® theroof.shall be a bar or defense to an*further action or proceeding which may be brought under this Guaranty by reason of any further default or defitults of Tenant,The liability of the underaigned shall not be deemed to be waived,released, dischaqpdL impaired or affected by mason of the=lease or discharge of the Tenant:Wludit&but not Wded to,say Meuse or discharge pursurnatto any reorganization, re4 insolvency, receivership or bankmploy proccedings. Thew shall-be no modification of the provisions of this Guaramy unless ffie same be in writing and signed by the undersigned and the Landlord. 3.All of the terms,cavcmants and conditions of this Guaranty shall be joint and several,and shall extend to and be binding upon the undersigned,their heirs,execulors,administrators,and assigas,and shalt inure to&o benefit of the Landlord,its suy Arture owner of the fee of the Property and to any modWee of Landlord.Landlord way,without notice,assign the Um or ffis Guaranty in whole or in part and the turdersigoccl agrees that no modification of the terms,covenants or conditions of the Lease Shall in anyway firiltair or affect the uodcrs4wAls oblkocas hereunder. C feither party hereto brings any action to enfiewo riSW under thisGuaranty,whatherjudicial,administrative orae s e Prevailing Party in that action shall be entitled to recover a losing party all few and court costs incurred,includmg reasonable attomW fees,whether such costs and fees are incurred out ofcourt, at trial,on appeal,or in any hardouptcy Proceeding.This Guaranty and the lights and obligations of the parfies hereto are governed by the linva o State of Florida. , 5Ifany form,covenant orcondition ofthis Gunnudyorflut application thereofto any person or circumstance, shall,to any extent be invalid oruncidbrocable,the winainderofthe Guaranty,orthe application of such term, covenant or condition to persons or circumstanca other dm those as to which it is hold invalid or unenforceable shall not be affected thereby,and each term,covenant or condition of this Guaranty shall be valid and enfoireable to the fullest extent persaitted by applicable law.The executica of this Guaranty prior to the execution of the Lease shall not invalidate this Guaranty or lessen the obligations of the Guamnto*) hereunder. 61ANDLORDAND T HE UNDMOGNEDHERMY MUTUALLY WAIVE ANY AND ALL RIGHTS WFUCH MIER MAY HAVE TO REQUEST A JURY TRIAL IN ANY PROCEEDING AT LAW OR IN EQUITY IN ANY COURT OF CO.N PETENT JUR1SDICI1ON WkHCH PROCEEDING IS UNDER,IN CONNECTION`VrFH OR RMA'lED TO TNI$GUARANTY.THE UNDERSIGNED ACKKOWLEDGES THATTHE WAIVER 1S A AMTER1AL INDUCEMENT TO LANDLORD To ENTER WTO UIE LEASE, 7.7his Guaranty contains ft enfim agwmeul betrvicen tha parties Ivitb respcct to the matters contained herein,and stall not be modified eac q*is ulift c wcv W by all parties. 7N WITNESS WHEREOF,fhe tmdessigoW have executed this Guaranty on this�%day of 2021. G R; Tmm-Okada TaxID No1SSN. 2-1' 5 Pb=Nuxabcr_ ZO 2, G STATE Olp ) COUNTYOF. [ Warm ) 'Ibis instrument was sworn,subscribed and acknowledged before me on ihisQ;% day 2021 by p�. p,��I anda.4 n „ .who is personally(mown to me or who puaddead a L,t,L,� - ams r6*W6ca6ou. 0 ROBtN CRANDALL NatoY Public,State of Nevada No,20.8724-01 My Appt.W.April 27,2024 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 CONSENT AGENDA AGENDAITEM: 10.J. SUBJECT: Approval of 90-day Extension for the Commercial Property Improvement Grant for The Coffee and Ale Exchange, LLC d/b/a Bond Street Ale and Coffee Located at 400 N. Federal Highway, Unit 12 SUMMARY: At the meeting held on March 10, 2020, the CRA Board awarded a Commercial Property Improvement Grant to The Coffee and Ale Exchange, LLC d/b/a Bond Street Ale and Coffee, a brand new all-day restaurant and lounge, in the amount of $50,000 for eligible improvements for the interior buildout of their property located at 400 N. Federal Highway, Unit 12, Boynton Beach, FL 33435 (see Attachment 1). Per the grant guidelines, the applicant has 180 days from permit approval to complete their project and submit for reimbursement. The project received their permit on April 1, 2021. The applicant had until September 28, 2021, to complete the project and submit for reimbursement. On October 6, 2021, Shawn Spence, contractor for the property sent an email requesting the 60- day administrative extension until November 28, 2021, which was approved by staff (see Attachment 11). On December 13, 2021, CRA staff received a request for an additional extension in order to complete construction on their project and submit for final reimbursement due to delays with their improvements. At their January 10, 2022 meeting, the CRA Board approved this 90-day extension (see Attachment 111). On April 26, 2022, CRA staff received a second request for a 90-day extension to July 11, 2022 in order to complete construction and submit for final reimbursement (see Attachment IV). This request is due to a delay with a broken HVAC motor fan which is delaying final inspections for mechanical, electrical, fire and plumbing and ultimately, their building final. On July 11, 2022, CRA staff received a third request for a 90-day extension in order to complete the final inspections (see Attachment V). There has been a delay with connecting the fire alarm system which is holding up all of the final property improvement inspections. There was a partial reimbursement of $32,000 made on May 20, 2020, for eligible improvements completed to-date, leaving $18,000 remaining in grant monies. The project is active and work is being done on a regular basis. The applicant is seeking CRA Board approval for an additional 90-day extension from July 11, 2022, to complete their project and submit the required documents for reimbursement. FISCAL IMPACT: FY 2018-2019 Budget Project Fund, line item 02-58400-444 - $50,000 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the 90-day extension from July 11, 2022, for the Commercial Property Improvement Grant for The Coffee and Ale Exchange, LLC d/b/a Bond Street Ale and Coffee located at 400 N. Federal Highway, Unit 12, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I - Location Map D Attachment II -60-day Request D Attachment III -90-day Extension Approval D Attachment IV -Second 90-day Request D Attachment V -Third 90-day Request 1/29/2020 PAPA Maps 2 DOROTHYJACKS CFA,AAS .=p P Beach Co ty P perty Appraiser s et Search by Owner,Addressor Parcel ��` iz '`� +�� SNMal- F S View Property Record •,,t Owners 1Fe MICSAN LLC I i -- � 4' Property p Y Detail 400 N FEDERAL HWY N212 Murmcioahty BOYNTON BEACH t� p o, �i il. a� t j ,�{� �)J�1�C�p� � s 4 .Parcei No. 08434522470120212 Sw,& ^,. rl CASA COSTA CONDO .,t 26654 Page599 `ale Da e=. FEB-201 4 304 INDIAN TRCE AFT m tF Ire,tire �� � r madirig 297 t FORT LAUDERDALE FL �y 33326 2996 ae. Yoe 0400-CONDOMINIUM ` 5 8 5 v Square e e l - Jei IF��1 '1•fEF � ,_i}t � , � ?,e nn nnnnZ n ,� �, b1 sJJ r i ne i n i• _ Sales Information SalesDateDate Price e • i t• i FEB-2014 158000 DEC 2012 2131800 s s . Appraisals `lifl Tax Year 2019 ..IrYo provemerl"Value $109,000 i-arldValu $0 . ()�ai Market`,ta..we=. $109,000 � s All values are as of January 1 sty 1 eachy ear Assessed/Taxable values Tax Year 2019 �{1e', �� � i ; A^se sse Value $109,000 xe: Fmo _t $0 2- I axa..,.e.Value $109,000' E Baynton`Beach Blvd E Boyntan Beac s Taxes r Boynton Ba ach Bevil a °��� p ,- Tax Year 2019 Ad t . .em $2,355 . -. � 1 i � �"• jF ���"�� - - _ - f 'L. -- Norl fl...Valorem $217' .ta_ $2,5721. ,.5 txi- tv+�PlY https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434522470120212 1/1 Curfman, Vicki From: jpcooksey2@aol.com Sent: Wednesday, October 6, 2021 4:56 PM To: Curfman,Vicki;4supremebuilders@att.net Cc: philipvanegmond4@gmaiI.com; Nicklien, Bonnie; Shutt,Thuy; Utterback,Theresa Subject: Re: Requesting an Extension for project - 615 E Boynton Beach Blvd - Unit CU12 Casa Costa - Permit 18-5525 - Thank you! James Cooksey -----Original Message----- From: Curfman, Vicki <CurfmanV@bbfl.us> To: Shawn Spence <4supremebu ilders@att.net>;jpcooksey2@aol.com <jpcooksey2@aol.com> Cc: Philip Van Egmond <philipvanegmond4@gmail.com>; Nicklien, Bonnie <NicklienB@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Sent: Wed, Oct 6, 2021 3:56 pm Subject: RE: Requesting an Extension for project-615 E Boynton Beach Blvd - Unit CU12 Casa Costa- Permit 18-5525- Good Afternoon Mr. Spence and Mr. Cooksey, In response to your grant reimbursement extension request, as per page 4 of 17 of the Commercial Property Improvement Grant Program Application (see highlighted below), the CRA is able to grant you a one-time 60 day extension. On May 20, 2020, you received a partial payment of$32,000. You will be submitting documentation for the remainder of the $50,000 grant equal to or less than $18,000. As per Bonnie Nicklien's email to you on September 16, 2021, your deadline to complete your project and submit for reimbursement (project timeline for the grant reimbursement was 180 days from permit approval) was October 23, 2021. Your new deadline for project completion and to submit for reimbursement will be Wednesday, December 22, 2021 (60 days from October 23, 2021). Please let me know if you have any questions. Thank you. Have a great week! Vicki Vicki Curfirian dmiinistrati e Assistant Boynton Beach Con-m-wnity RedeveIopmient Agency 100 E. Ocean Ave. I Boynton Beach, Florida 3435 561-600-9093 1 561-737-3258 1 CurfinonV@bbU.ua | http://vvvvw.bnyntonbeachcrazom America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to n-ie via en-lail n-,Iay be subject to disclosure.Under, Florida records law, en-mil addresses are public records.Therefore, your,e-n-iail con-in-wnication and your,e-moi| address moybesubject topublic disclosure. From: Shawn Spence <4supnemebui|ders@aft.net> Sent: Wednesday, October G. 2O21 12:02 PM To: Cur8nan. Vicki <CurfmanV@bbU.us> Cc: Philip Van Egmnnd <phi|ipvanegmnnd4@gmai|.cnm> Subject: Fw: Requesting an Extension for project-615 E Boynton Beach Blvd - Unit CU12 Casa Costa - Permit 18-5525 Hi Vicki, Due to the COVID pandemic, manufacturing plants had decreased their production which caused a shortage in supply of building materials. Materials that would have arrived in 2 weeks now takes 3-4 months and this has affected our scheduled completion date. VVeare hereby requesting anextension nfG'8weeks for completion. Shawn Supreme Builders Group, LLC 3801 NUniversity Drive, Ste 312 Sunrise, FL33351 Tel. No. 054'2OO'O373 Fax. No. 054'704'8G71 Email: ----- Forwarded Message --' Fnmmn: 8hmwn8penms To: < > Cc: Philip Van Egmnnd Sent: VVednesday, October 6, 2021. 11:55:35 AM EDT Subject: Requesting an Extension for project-615 E Boynton Beach Blvd - Unit CU12 Casa Costa - Permit 18-5525 Hi Bonnie, Due to the COVID pandemic, manufacturing plants had decreased their production which caused a shortage in supply of building materials. Materials that would have arrived in 2 weeks now takes 3-4 months and this has affected our scheduled completion date. VVeare hereby requesting anextension nfG'8weeks for completion. Shawn Supreme Builders Group, LLC 3801 NUniversity Drive, Ste 312 Sunrise, FL33351 Tel. No. 054'2OO'O373 Fax. No. 054'704'8G71 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2022 12. Consent Agenda A. Approval of CRA Board Meeting Minutes - December 14, 2021 REVISED B. CRA Financial Report Period Ending December 31, 2021 C. Approval of 90-day Extension for the Commercial Property Improvement Grant for The Coffee and Ale Exchange, LLC d/b/a Bond Street Ale and Coffee Located at 400 N. Federal Highway, Unit 12 D. Approval of Commercial Property Improvement Grant Program in the Amount of$25,000 for Alberta and Octavia Bell for the Commercial Property Located at 130 E. MLK Jr. Boulevard Motion Vice Chair Hay moved to approve the Consent Agenda. Board Member Penserga seconded the motion. The motion passed unanimously. 13. Pulled Consent Agenda Items None. Old Business 16. A. Discussion and Consideration of a Development Agreement between the CRA and Centennial Management Corporation for the Commercial Component of the MLK Jr. Boulevard Corridor Mixed-Use Housing Project (Heard out of Order) Ms. Shutt stated the agreement was presented to the Board and Centennial wanted to convert this to a loan agreement, but since then changed their mind. They would like to pursue the funding agreement as presented. Staff made progress with the language negotiations and they provided the latest draft to the Board. Elizabeth Roque, Centennial Management, stated after reviewing the taxes, they decided they do not need a loan and they are fine with the reimbursement process. The document looks good. Ms. Shutt explained this is the mixed-use project they were waiting for using the 9% Tax Credits, with 124 affordable multi-family rental units adjusted to the Boynton Beach Area Median income and having 8,500 square feet of neighborhood serving units, one bay will be for the Neighborhood Officer Program. The commercial piece will be built and funded by the CRA and Centennial will help them find tenants. Rent is fixed at $22 per square foot for 10 years, and the fifth year, there could be a 3% CPI increase. They hope additional funding will help preserve quality. The development agreement provided to the Board has the reimbursement funding. Centennial will buy the needed items and present the CRA with receipts and the CRA 7 Nicklien, Bonnie From: Shawn Spence <4supremebuilders@att.net> Sent: Tuesday,April 26, 2022 12:20 PM To: Nicklien, Bonnie Cc: jpcooksey2@aol.com; Philip Van Egmond Subject: Re: Requesting an Extension for project - 615 E Boynton Beach Blvd - Unit CU12 Casa Costa - Permit 18-5525 - Hi Bonnie, Philip work is part of the scope of work which he has to complete in order for us to get Building Final. We are waiting on the Motor Fan from the Manufacturer which should arrive by the first week of May 2022. Once the fan is installed, we can schedule Final Mechanical, Electrical, Fire and Plumbing Inspections. Please go ahead and grant us the 90 days but we should be done long before that. Regards, Shawn Supreme Builders Group, LLC 10220 NW 50th Street Sunrise, FL 33351 Tel. No. 954-200-0373, 954-794-8671 Email: 4supremebuilders@att.net On Tuesday, April 26, 2022, 09:40:28 AM EDT, Nicklien, Bonnie <nicklienb@bbfl.us>wrote: Thank you, Shawn. Does any of Phillip's work have a role on the inspection timeline? Or the motor fan is the only thing delaying inspections. We need a realistic timeline on this request so please consider all factors that may affect the final inspections and build in a buffer. Would 90 days be more realistic? Thank you, Bonnie i BonnieNicNien Grants and Project Manager, Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. Boynton Beach, Florida 33435 � ��1-�UO-�U�U | �� 561-737-3258 ~= ' m�w NicNienB��bbf|�ua | �� http://vvvvvv.bnyntonbeachcra.com _ America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to n-ie via en-lail n-,Iay be subject to disclosure.Under, Florida records |ow4 email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. From: Shawn Spence <4supnemebui|ders@stt.nsd> Sent: Monday, April 25. 2O223:35PK8 To: Nick|ien. Bonnie <Nick|ienB@bbO.us> Cc:]pcnnksey2@an|.cnm; Philip Van Egmnnd <phi|ipvanegmnnd4@gmai|.cnm> Subject: Re: Requesting an Extension for project-615 E Boynton Beach Blvd - Unit CU12 Casa Costa - Permit 18-5525 ' Hi Bonnie, Philip has a lot nfwork tn complete with regards to his furniture. The only inspections left to be done are; Final E|eotrica|, Final P|umbing, Final K8echanica|, Final Fine and Final Building. The Motor Fan for the A/C Unit is not working. Another Motor Fan has already been ordered. We cannot schedule some of these inspections until the Motor Fan is installed and in good working condition. We anticipate the project to be completed within two months from the date hereof. |fyou have any questions, please dnnot hesitate tncall meat054'588'G40O. Regards, Shawn z Supreme Builders Group, LLC 10220 NW 50th Street Sunrise, FL 33351 Tel. No. 954-200-0373, 954-794-8671 Email: 4supremebuilders@aft.net On Friday, April 22, 2022, 09:19:35 AM EDT, Nicklien, Bonnie <nicklienb@bbfl.us>wrote: Good Morning All, Please let me know the status of the inspections/TCO. The deadline to make an extension request is next Friday, April 29th. Please let me know at your earliest convenience the status of the inspections. If another extension is needed, please send an email to me addressing the CRA Board for another request. We do not want to go back again for another request so please consider how much time you will need to wrap up the project and submit for reimbursement. This email will be provided as back-up to the Board at their May 10th meeting. I look forward to hearing from you, Bonnie Bonnie Nicklien Grants and Project Manager, Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. I Boynton Beach, Florida 33435 k 561-600-9090 1 @ 561-737-3258 fid Q|ck||enB@bbMLUS http:// VVVVV.bQyntonbeachc[a.co[D �� �� �� ��l ��� ��� �m� ��� m�� America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to n-ie via en-lail n-,Iay be subject to disclosure.Under, Florida records law, en-iail addresses are public records.Therefore, your,e-n-iail con-in-wnication and your,e-moi| address moybesubject topublic disclosure. From: Shawn Spence <4supnemebui|ders@aft.net> Sent: Monday, April 11. 2O2212:17PK8 To: Nick|ien. Bonnie <Nick|ienB@bbU.us> Cc:]pcnnksey2@an|.cnm; Philip Van Egmnnd <phi|ipvanegmnnd4@gmai|.cnm> Subject: Re: Requesting an Extension for project- 615 E Boynton Beach Blvd - Unit CU12 Casa Costa - Permit 18-5525 ' Thanks Bonnie, VVowill let usknow when woreceive the TCO. Shawn Supreme Builders Group, LLC 10220 NVV5Oth Street Sunrise, FL33351 Tel. No. 054'2OO'O373 4 Fax No. 954-794-8671 Emai|: 4supnemebuik1ers@aft.nsd 0nMonday,April 11'2O22'11:64:O3 AM EDT,Nickhan,Bonnie<nickhonb@bbO.us>wrote: Thanks for you the update.Yes,let me know as soon as you hear something.And please let me know if you do not hear anything this week. Thomkyoc, Bonnie BonnieNicNien Grants and Project Manager, Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. | Boynton Beach, Florida 33435 �— ��1-�OO-�O�O | AS 561-737-3258 =~ ' m�n Q|ck||enB@bbMLUS http:// VVVVV.bQyntonbeachc[a.co[D America's Gateway tothe Gu|fstreann Please be advised that Florida has a broad public records law and all correspondence to n-ie via en-lail n-,Iay be subject to disclosure.Under, Florida records |ovv, email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. From:Shawn Spence<4suprornobui|dors@ottnot> Sent: Monday,April 11'2O229:49AM To: NicNion'Bonnie<Niddion8@»bbO.us> Cc:jpcooksoy2@ooicorn; Philip Van Egmond<phihpvonogmond4@gmoiicorn> Subject: Pvv: Requesting onExtension for project 616EBoynton Beach Blvd Unit CU12Casa Costa Permit 18-5525 Hi Bonnie, 5 We have submitted a TCO Application to the City of Boynton Beach and we have not yet received it. We should receive it any time now. A soon as it is received, we will forward it to you. Regards, Shawn Supreme Builders Group, LLC 10220 NW 50th Street Sunrise, FL 33351 Tel. No. 954-200-0373 Fax. No. 954-794-8671 Email: 4supremebuilderso_att.net ----- Forwarded Message ----- From: "ipcooksey2flaol.com" <ipcooksey2o_aol.com> To: 4supremebuilderso_att.net<4supremebuildersp_att.net> Cc: philipvanegmond4o_gmail.com <philipvanegmond4Ca_Damail.com> Sent: Friday, April 8, 2022, 03:42:22 PM EDT Subject: Fwd: Requesting an Extension for project-615 E Boynton Beach Blvd - Unit CU12 Casa Costa - Permit 18- 5525- Shawn, 8- 5525-Shawn, we need this by Monday, April 11, 2022 to get funded by Boynton Beach CRA. Peter Cooksey -----Original Message----- From: ipcooksey2flaol.com To: irinagania2Ca_amail.com <irinagania2V_gmail.com> Sent: Fri, Apr 1, 2022 3:05 pm Subject: Fwd: Requesting an Extension for project-615 E Boynton Beach Blvd - Unit CU12 Casa Costa - Permit 18-5525 -----Original Message----- From: ipcooksey2flaol.com To: philipvanegmond4o_gmail.com <philipvanegmond4A_gmail.com> Sent: Fri, Apr 1, 2022 3:03 pm Subject: Fwd: Requesting an Extension for project-615 E Boynton Beach Blvd - Unit CU12 Casa Costa - Permit 18-5525 -----Original Message----- From: Nicklien, Bonnie <NicklienBo_bbfl.us> To: Shawn Spence <4supremebuildersp_att.net> Cc: ipcooksey2flaol.com <ipcooksey20_aol.com>; Philip Van Egmond <philipvanegmond4o_gmail.com> Sent: Thu, Mar 3, 2022 11:04 am Subject: RE: Requesting an Extension for project-615 E Boynton Beach Blvd - Unit CU12 Casa Costa- Permit 18-5525- Thank you for the update, Shawn. The CRA grant is only tracking and reimbursing the project between you and Peter. We will process the reimbursement and close out the grant file once you receive a TCO or CO and also provide a Final Release of Lien. Any outstanding project items that the tenant is taking care of will not be tracked by the CRA. In the meantime, please begin gathering the following for the grant reimbursement: 6 • TCO or Final CO • Final Release of Lien from Supreme Builders • Final Paid Invoices with Change orders • Proofs of payments from Coffee and Ale Exchange to Supreme Builders totaling contract amount • After Photos • City of Boynton Beach Business Tax Receipt • Palm Beach County Business Tax Receipt • Digital After Photos If you have not applied for your BTs I would highly suggest getting those applications in ASAP! Please keep me posted on your inspections and progress towards a TCO/CO. I'll touch base in another couple weeks. Bonnie Bonnie Nicklien Grants and Project Manager, Boynton Beach Con-m-wnity Redevelopn-ient Agency 100 E. Ocean Ave. I Boynton Beach, Florida 33435 561-600-9090 561-737-3258 6d Nicklien, Bonnie From: 4supremebuilders@att.net Sent: Monday,July 11, 2022 4:48 PM To: Nicklien, Bonnie Cc: philipvanegmond4@gmaiI.com;jpcooksey2@aol.com Subject: RE: Fire Alarm System - 615 E Boyton Beach Blvd, Unict CU12 Casa Costa Hi Bonnie, We spoke to Philip, and he is requesting a 90-day's extension. Shawn Supreme Builders Group, LLC 10220 NW 50th Street Sunrise, FL 33351 Tel. No. 954-200-0373, 954-794-8671 Email: 4supremebuilders@att.net From: Nicklien, Bonnie<NicklienB@bbfl.us> Sent: Monday,July 11, 2022 10:56 AM To:4supremebuilders@att.net Cc: philipvanegmond4@gmail.com;jpcooksey2@aol.com Subject: RE: Fire Alarm System -615 E Boyton Beach Blvd, Unict CU12 Casa Costa Hi Everyone, First off, I hope Peter is feeling better and on the mend! Secondly, Shawn or Philip, based on your email below can you please provide an extension request to finalize the inspections? I will need some time frame request whether it is 30, 60, 90 days, etc. Please provide this before end of day so that I can add it to your file.This will go back before the Board at their August meeting for an additional extension. Thank you, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Con-m-mnity RedeveIopmient Agency 100 E. Ocean Ave. Boynton Beach, Florida 3435 561-600-9090 @ 561-737-3258 Nicl<lienB@bbfl.us http://www.boyntonbeachcra.com 1 �� �� �� ��B ��n America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to n-ie via en-lail n-,Iay be subject to disclosure.Under, Florida records law, en-iail addresses are public records.Therefore, your,e-n-iail con-in-wnication and your,e-moi| address moybesubject topublic disclosure. From: > Sent:Thursday,July 07, 202211:16AM To: NickUen, Bonnie Cc: Subject RE: Fire Alarm System 61SEBoytonBeach Blvd, UnktCU12Casa Costa Hi Bonnie, VVeonly have final Inspections tobescheduled. The Inspections are done insequence. VVehave toget Fire Final first, but we are unable to do so until the Fire Alarm System is connected. No one knew that the system was not connected. We are unable to give you a time to complete because it all depends on the Fire Alarm Company. Regards Shawn Supreme Builders Group, LLC 1O22ONVV5OthStreet Sunrise, FL33351 Tel. No. 054'2OO'O373. 054'704'8G71 Email: 4supremebuilderso_aft.net From: NickUen, Bonnie Sent:Thursday,July 7, 20228:34AM /o: Cc: Subject RE: Fire Alarm System 61SEBoytonBeach Blvd, UnktCU12Casa Costa Hi Shawn, | amsosorry tohear about Peter. Sending him mybest wishes for speedy recovery! The deadline for the grant is July 111h which I am assuming will not be completed by that time. 2 When possible, please get your team together to determine what time will beneeded tocomplete inspections and obtain a CO. | will then share that update with executive staff. Thank you, Bonnie BonnieNicNien Grants and Project Manager, Boynton Beach Community Redeve|opmentAgency 100 E. Ocean Ave. | Boynton Beach, Florida 33435 ��1-�UO-�U�U | �� 561-737-3258 ' m�w NicNienB��bbf|�ua | �� http://vvvvvv.bnyntonbeachcra.com _ America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to n-ie via en-lail n-,Iay be subject to disclosure.Under, Florida records law, en-iail addresses are public records.Therefore, your,e-n-iail con-in-wnication and your,e-moi| address moybesubject topublic disclosure. From: > Sent:Wednesday,July 06, 2022 2:20PIVI To: NickUen, Bonnie Cc: Subject RE: Fire Alarm System 615 E Boyton Beach Blvd, UnktCU12Casa Costa Hi Bonnie, We sent Philip an email on June 29, 2022 and gave him the price that the Fire Alarm company is charging to connect to the Fire Alarm System. However, Philip and | spoke today,July 6, 2022 at 9:40 a.m. and he advised that the reason why he has not made a decision is because Peter, his partner who makes the financial decision is hospitalized with COVID. As soon aoherecuperates and makes adecision, vvewill advise you further. Regards, Shawn Supreme Builders Group, LLC 3 10220 NW 50th Street Sunrise, FL 33351 Tel. No. 954-200-0373, 954-794-8671 Email: 4supremebuilderso_att.net From:4supremebuilders@att.net<4supremebuilders@att.net> Sent:Wednesday,June 29, 2022 11:49 AM To: 'Nicklien, Bonnie' <NicklienB@bbfl.us> Cc: 'philipvanegmond4@gmail.com' <philipvanegmond4@gmail.com>; 'jpcooksey2@aol.com' <ipcooksey2@aol.com> Subject: RE: Fire Alarm System -615 E Boyton Beach Blvd, Unict CU12 Casa Costa Will do Bonnie. Shawn Supreme Builders Group, LLC 10220 NW 50th Street Sunrise, FL 33351 Tel. No. 954-200-0373, 954-794-8671 Email: 4supremebuilderso_att.net From: Nicklien, Bonnie<NicklienB@bbfl.us> Sent:Wednesday,June 29, 2022 11:29 AM To:4supremebuilders@att.net Cc: philipvanegmond4@gmail.com; ipcooksey2@aol.com Subject: RE: Fire Alarm System -615 E Boyton Beach Blvd, Unict CU12 Casa Costa Good to hear. Keep me posted on when you hear back regarding the fire alarm. Bonnie Uicklien Grans and Project Manager Boynton Beach Con-m-wnity Redevelopnient agency 100 E. Ocean Ave. Boynton Beach, Florida 33435 561-600-9090 561-737-3258 Nicl<lienB@bbfl.us http://www.boyntonbeachcra.com 4 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to n-ie via en-lail n-,Iay be subject to disclosure.Under, Florida records law, en-iail addresses are public records.Therefore, your,e-n-iail con-in-wnication and your,e-moi| address moybesubject topublic disclosure. From: Sent:Wednesday,June 29, 202210:49AM To: Nicklien, Bonnie Cc: Subject: RE: Fire Alarm System 61SEBoytonBeach Blvd, UnktCU12Casa Costa Hi Bonnie, We are ready for all Final Inspections, but we cannot schedule those inspections until the Fire Alarm System is connected and ready to go. Shawn Supreme Builders Gnnup, LLC 10220 NVV5Oth 8tnsed Sunrise, FL33351 Tel. No. 054'2OO'O373. 054'704'8G71 Email: 4supremebuilderso_aft.net From: Nicklien, Bonnie Sent:Wednesday,June 29 20228:38AM /o: Subject RE: Fire Alarm System 61SEBoytonBeach Blvd, UnktCU12Casa Costa Thank you for keeping meinthe loop. What are the other outstanding items? How did the other inspections go? Thanks for the update. Bonnie 5 BonnieNicNien Grants and Project Manager, Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. Boynton Beach, Florida 33435 � ��1-�UO-�U�U | �� 561-737-3258 ~= ' m�w NicNienB��bbf|�ua | �� http://vvvvvv.bnyntonbeachcra.com _ America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to n-ie via en-lail n-,Iay be subject to disclosure.Under, Florida records |ovv, email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. From: > Sent:Tuesday,June 28, 20224:38PM To: NickUen, Bonnie Subject: FW: Fire Alarm System 615 E Boyton Beach Blvd, UnictCU12 Casa Costa Hi Bonnie, I had included you on these emails, however,your email address was incorrectly typed so it came back to us undelivered. Please see chain ofemai|oto Isaac of Dyna Fire, Philip, Per and yourself regarding the Fire Alarm System. Primrose For Shawn Spence Supreme Builders Group, LLC 1O22ONVV5OthStreet Sunrise, FL33351 Tel. No. 054'2OO'O373. 054'704'8G71 Email: 4supremebuilderso_aft.net From: < Sent:Tuesday,June 28, 20224:07PM To: 'Guzman, Isaac' Ct: 'Dani|oCaina' 'phiUpvanegmond4@gmaiicom' <Sspence@suprem ebuildersgroup.net> Subject: RE: Fire Alarm System -615 E Boyton Beach Blvd, Unict CU12 Casa Costa You're welcome. Shawn Supreme Builders Group, LLC 10220 NW 50th Street Sunrise, FL 33351 Tel. No. 954-200-0373, 954-794-8671 Email: 4supremebuilderso_att.net From: Guzman, Isaac<isaac.guzman@dynafire.com> Sent:Tuesday,June 28, 2022 3:30 PM To:4supremebuilders@att.net Cc: Danilo Cajina <dcaiina@castlegroup.com>; philipvanegmond4@gmail.com; ipcooksey2@aol.com; nickleinb@bbfl.us; Shawn Spence<Sspence@supremebuildersgroup.net> Subject: Re: Fire Alarm System -615 E Boyton Beach Blvd, Unict CU12 Casa Costa Received,thank you. On Tue,Jun 28, 2022 at 2:55 PM <4supremebuilders@att.net>wrote: Hi Isaac, Please see attached approved plans as requested. All the City requires is for you to connect the Fire Alarm System that in case of a fire,the system will trigger the Alarm. Shawn Supreme Builders Group, LLC 10220 NW 50th Street Sunrise, FL 33351 Tel. No. 954-200-0373, 954-794-8671 Email: 4supremebuilderso_att.net From: Guzman, Isaac<isaac.guzman@dynafire.com> Sent:Tuesday,June 28, 2022 10:36 AM To:4supremebuilders@att.net Cc: Danilo Cajina <dcaiina@castlegroup.com>; philipvanegmond4@gmail.com; ipcooksey2@aol.com; nickleinb@bbfl.us; Shawn Spence<Sspence@supremebuildersgroup.net> Subject: Re: Fire Alarm System -615 E Boyton Beach Blvd, Unict CU12 Casa Costa Can you send me any drawings of the proposed floor plan?Arch, Elec, Etc. On Tue,Jun 28, 2022 at 10:32 AM <4supremebuilders@att.net>wrote: Hi Isaac, All the work we did was permitted, except Fire Alarm. We have nothing to do with the Fire Alarm. Shawn Supreme Builders Group, LLC 10220 NW 50th Street Sunrise, FL 33351 Tel. No. 954-200-0373, 954-794-8671 Email: 4supremebuilderso_att.net From: Guzman, Isaac<isaac.guzman@dynafire.com> Sent: Monday,June 27, 2022 5:21 PM To:4supremebuilders@att.net Cc: Danilo Cajina <dcaiina@castlegroup.com>; philipvanegmond4@gmail.com; ipcooksey2@aol.com; nickleinb@bbfl.us; Shawn Spence<Sspence@supremebuildersgroup.net> Subject: Re: Fire Alarm System -615 E Boyton Beach Blvd, Unict CU12 Casa Costa Was any work in this space permitted? I would need the proposed floor plan for fire alarm permitting. 8 On Mon,Jun 27, 2022 at 4:55 PM <4supremebuilders@att.net>wrote: Hi Isaac, "! The A/C units are existing units. We have no Mechanical Plans for these units. The City of Boynton Beach is aware that these units were existing. Shawn Supreme Builders Group, LLC 10220 NW 50th Street Sunrise, FL 33351 Tel. No. 954-200-0373, 954-794-8671 Email: 4supremebuilderso_att.net "! From: Guzman, Isaac<isaac.guzman@dynafire.com> Sent: Monday,June 27, 2022 4:03 PM To:4supremebuilders@att.net Cc: Danilo Cajina <dcaiina@castlegroup.com>; philipvanegmond4@gmail.com; ipcooksey2@aol.com; NCSR <ncsr@dynafire.com>; nickleinb@bbfl.us; Shawn Spence <Sspence@supremebuildersgroup.net> Subject: Re: Fire Alarm System -615 E Boyton Beach Blvd, Unict CU12 Casa Costa Good afternoon, would you happen to have the approved mechanical plans for reference? I believe I requested these last week. I can work up a proposal for this scope and address it to Dan with Castle Group. "! On Mon,Jun 27, 2022 at 3:56 PM <4supremebuilders@att.net>wrote: Hi Dan, 9 I spoke with Miguel at Dyna Fire and he advised that Unit CU12 Casa Costa was never connected to the existing Fire Alarm System. He further stated that for this unit to be installed and programmed,two (2) modules must be added for two (2) duct detectors. He said we cannot request the Proposal; it has to be requested by Casa Costa. We would appreciate if you could expedite this matter because we have less than two (2)weeks to close our permit with the City of Boynton Beach. Regards, Shawn Supreme Builders Group, LLC 10220 NW 50th Street Sunrise, FL 33351 Tel. No. 954-200-0373, 954-794-8671 Email: 4supremebuilderso_att.net Isaac Guzman "! New Construction Sales South Florida Market DynaFire "! C 407-790-8690 O 407-830-6500 isaac.guzmanP_DynaFire.com www.dynafire 10 -Protecting lives and property through leading technologies and quality service while creating valuable relationships Isaac Guzman New Construction Sales South Florida Market DynaFire C 407-790-8690 O 407-830-6500 isaac.guzman(a_DynaFire.com www.dynafire.com -Protecting lives and property through leading technologies and quality service while creating valuable relationships Isaac Guzman New Construction Sales South Florida Market DynaFire C 407-790-8690 11 O 407-830-6500 isaac.guzmanP_DynaFire.com www.dynafire.com -Protecting lives and property through leading technologies and quality service while creating valuable relationships Isaac Guzman New Construction Sales South Florida Market DynaFire C 407-790-8690 O 407-830-6500 isaac.guzman&DynaFire.com ynafiire.com -Protecting lives and property through leading technologies and quality service while creating valuable relationships 12 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 CONSENT AGENDA AGENDAITEM: 10.K. SUBJECT: Approval of a 90-day Extension Request for the Commercial Property Improvement Grant Program for Advantage Physical Therapy LLC d/b/a Apex Network Physical Therapy#39 located at 906 S. Federal Highway, Suite SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial costs associated with the construction, repair, and/or rehabilitation of commercial building improvements. The Commercial Property Improvement Grant Program provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. On December 14, 2021, the CRA Board approved a Commercial Property Improvement Grant in the amount of $25,000 to Advantage Physical Therapy LLC d/b/a Apex Network Physical Therapy #39 located at 906 S. Federal Highway, Suite B, Boynton Beach, FL 33435 (see Attachments I - 11). Apex Network Physical Therapy #39 is physical therapy outpatient office providing rehabilitative medical services to the local Boynton Beach community. They provide the highest quality rehab services exceeding customer expectations in a relaxing and upscale environment while developing a customized treatment plan to reduce pain, improve mobility and reduce future injuries. Due to their success and high demand for quality physical therapy, Apex is expanding to their second location within Boynton Beach, with this location in the Federal Highway District. Per the grant guidelines, grant recipients must provide proof of permit application within 90 days of Board approval which was March 14, 2022. The applicant was unable to provide proof of permit application due to trouble securing a general contractor to perform the work. Apex Network Physical Therapy is requesting an additional 90 days from April 10, 2022, to secure a new general contractor and submit their permit application (see Attachment 111). On July 11, 2022, CRA staff received a second extension request from the applicant due to continued trouble securing a contractor for the improvements (see Attachment IV). CRA staff supports this request for a 90-day extension from July 9, 2022. If approved, the applicant is eligible to receive a maximum grant of $25,000 under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff for approval. FISCAL IMPACT: FY2021-2022 Budget Project Fund, Line Item 02-58400-444, $25,000. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the 90-day Extension Request from July 9, 2022, for the Commercial Property Improvement Grant Program for Advantage Physical Therapy LLC d/b/a Apex Network Physical Therapy#39 located at 906 S. Federal Highway, Suite B, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I - December 14, 2021 Agenda Cover D Attachment II - Location Map D Attachment III - Extension Request D Attachment IV -Second Extension Request 1, puri 11\�s?s 1;¢f N ®r� 1 r RA CRA BOARD MEETING OF: December 14,2021 CONSENT AGENDA AGENDAITEM: 12.C. SUBJECT: Approval of Commercial Property Improvement Grant Program in the Amount of$25,000 for Advantage Physical Therapy LLC d/b/a Apex Network Physical Therapy#39 located at 906 S.Federal Highway,Suite B,Boynton Beach, FL 33435 SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing)with financial assistance for the initial costs associated with the construction, repair,and/or rehabilitation of commercial building improvements.The Commercial Property Improvement Grant Program provides a 50%reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. CRA staff has received a complete grant application from Advantage Physical Therapy LLC d/b/a Apex Network Physical Therapy #39 located at 906 S. Federal Highway, Suite B, Boynton Beach, FL 33435(see Attachments I -I11).Apex Network Physical Therapy #39 is physical therapy outpatient office providing rehabilitative medical services to the local Boynton Beach community. They provide the highest quality rehab services exceeding customer expectations in a relaxing and upscale environment while developing a customized treatment plan to reduce pain,improve mobility and reduce future injuries. Due to their success and high demand for quality physical therapy,Apex is expanding to their second location within Boynton Beach,with this location in the Federal Highway District. As the subtenant of a commercial property,the applicant falls under the terms of a Tier I I business,as outlined in the grant application. The applicant is seeking reimbursement for interior and exterior improvements including: New flooring in the entire space, new lighting fixtures with LED upgrade,new countertops at front desk,painting,new cabinets/sink in staff kitchen,and removal of existing interior wall and signage.The total cost of eligible property improvements is approximately$49,325.17(see Attachment IV). If approved,the applicant is eligible to receive a maximum grant of$25,000 under the terms of the grant.The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to C RA staff for approval. FISCAL IMPACT: FY2020-2021 Budget Project Fund, Line Item 02-58400444,$25,000. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Property Improvement Grant not to exceed the maximum grant award of$25,000 to Advantage Physical Therapy LLC d/b/a Apex Network Physical Therapy#39 located at 906 S.Federal Highway,Suite B,Boynton Beach, FL 33435. ATTACHMENTS: Description Attachment I-Commercial Property Improvement Application D Attachment II-Location Map D Attachment III-Commercial Sublease D Attachment IV-Project Quotes BOYNTON � `;dACH RA WNWBF OMMUN17Y REDEVELOFUENT AGENCY October 1, 2021 — September 30, 2022 COMMUNITYBOYNTON BEACH COMMERICAL PROPERTY IMPROVEMENT GRANTPROGRAM Program l and Regulations The Commercial Property Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the repair and rehabilitation of buildings or other improvements in accordance with the BBCRA Community Redevelopment Plan. Improvements paid for by the BBCRA must be permanent and stay with the building. The BBCRA reserves the right to approve or deny any Commercial Property Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach.The term"existing business"means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The term "project" means the eligible exterior or interior improvement project for which the applicant seeks reimbursement. Initial ,°�" Page 1 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com The Boynton Beach BBC RA is a public agency and is governed by the "Florida Public Records Law"under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced the BBC RA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Property Improvement Grant Program offers financial assistance to the landlord or business owner in the form of a reimbursable, matching grant for 50% of eligible expenses, up to $50,000, associated with the construction or renovation of the exterior and interior elements of the commercial operating space. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at hftp://www.boynton-beach.org/g o- green/pace—program.php or by contacting the City of Boynton Beach at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com or view the attached brochure. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBC RA Area (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). fi 'Z Initials,-- I Page 2 of 17 'J Property Improvement 100 East Ocean Avenue,4t"Floor, Boynton Beach, Fl-33435—Phone: (561)600-9090 www.boyntonbeachcra.com • Improvements to non-profit and residentially zoned properties are NOT eligible expenses. • Applicant must have an executed multi-year lease with at least two years remaining on the lease at the time of BBCRA Board approval • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than $250,000 (based on the project's construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a grant application. • Grant funding amounts will be based on the applicant's project budget, specified at the time of the BBCRA Board approval, plus an added 20% contingency funding amount. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Property Improvement Grant Program may only be used one time in any five year period for any one property. Entities hoping to improve properties that were previously improved using a BBCRA improvement grant may apply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding liens, violations or monies owed for utilities, the BBCRA will perform a lien search on the property at a cost of $140.00, which will be deducted from any grant funding awarded to the recipient. Initials Page 3 of 17 Property Improvement 100 East Ocean Avenue,4t"Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • In order to receive the full amount of any awarded grant, the property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach, and submit for reimbursement within 180 days of the issuance date of the permit for the project. (As further described below, applicants may request reimbursement for up to 50% of their grant award prior to completion of the project.) If BBCRA Board approves grant funding and the work being performed does not require a permit, the Certificate of Completion (or equivalent)and application for reimbursement must be within 180 days of the grant award. Failure to complete the improvements within the specified time frame will result in termination of the grant award, at which point the BBCRA will no longer make payments for any reimbursement requests, regardless of whether the request was submitted prior to the termination of the grant. Only one 60 day administrative extension will be permitted, and the BBCRA has the sole and absolute discretion to grant or deny such extension. • Project items completed and paid for by the applicant more than 60 days prior to grant approval by the BBCRA Board are not eligible for reimbursement under the grant program. A complete application must be received within 60 days of payment in order for an expense to be eligible for reimbursement. Once a complete application is received, the application will be placed on the next available agenda for review and potential approval. • BBCRA Board approval of this grant results only in funding. Approval of BBCRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Initials Page 4 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com Projects and items eligible for funding under this grant program are limited to: • Structural walls • Plumbing • Flooring • Grease trap installation • HVAC system • ADA Improvements • Electrical systems, • Hood & fire • Signage including exterior and suppression • Doors/windows interior lighting • Landscaping and • Parking lot re-paving, • Patio decks irrigation within the re-sealing, and/or connected to the project site restriping building • Painting • Fencing (excluding • Demolition of structure • Roofing (Not to chain link, barbed wire, and re-sodding of exceed 50% of and wood panels) vacant property total grant award) • Electric vehicle charging • Solar electricity and • Security stations— See attached water heating — See cameras/system** ReNew PACE Eligible attached ReNew PACE (not including Product List Eligible Product List security personnel) ** Notwithstanding the limitation that grants may only be used once every five years for any one property, previous grant recipients that received less than the maximum amount of grant funding from Commercial Property Improvement Grants or Economic Development Grants are eligible to reapply to receive 50% matching reimbursable funding in an amount not to exceed $3,000 for the installation of new security cameras/systems. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Property Improvement Grant Program: • Massage/Personal Services • Medical Research Centers/Housing • Firearm Sales/Shooting Ranges • Massage/Personal Services • Religion- Affiliated Retail Stores • Churches/places of worships • Non-profit Organizations • Alcohol and/or Drug Rehabilitation • Adult Gambling Arcades Centers/Housing • Check Cashing Stores . Any other use that the BBCRA staff • Adult Entertainment or BBCRA Board determine will not • Vapor/E-Cigarette Stores support the redevelopment of the BBCRA Area Initials Page 5 of 17 '7 Property Improvement 100 East Ocean Avenue,4t'Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com • CBD Retail Stores Grant Terms and Conditions This grant is divided into three tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. All reimbursement checks from the BBC RA to the successful applicant will be made out to the applicant (the business entity). Grant funding amounts will be based on the applicant's project budget specified at the time of BBC RA Board approval, plus an added 20% for contingency funding. Tier One Business Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBC RA Board approval, up to a maximum amount of $50,000 in grant funding. Tier One Businesses must be one of the following types of business: • Restaurant • Hotels/Motels/Bed and Breakfast • Gourmet Food Market (the Board will grant no more than • Bakery four approvals in this category per fiscal year) Tier Two Business Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBC RA Board approval, up to a maximum amount of $25,000 in grant funding. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home Ddcor/Design - home • Boutiques- clothing, shoes & furnishings, art galleries, kitchen accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than two • Real Estate Offices approvals per fiscal year) initial Page 6 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com • Marketing Offices . Medical Offices • Fitness Facilities—yoga, dance . Insurance Offices exercise, martial arts, etc. . Take Out Restaurants • Auto Services Facilities — repair, . Tattoo Parlor/Body Piercing/Body storage, sales, etc Art Shop (no more than two • Specialty Retail Businesses — approvals per fiscal year) stationary, gifts, sporting goods . Florists (no more than two • Other commercial fagade only approvals per fiscal year) improvements Tier Three Business (no more than two approvals per fiscal year) Tier Three Businesses are subject to BBCRA Board for review and approval. Tier Three Businesses eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of$15,000 in grant funding. Tier Three Businesses must be one of the following types of businesses: • Kava Tea Bar • Pawn Shops • Convenience Stores: (Fagade • Liquor Store and Security Improvement . Laundry/Dry Cleaner facility only) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease at the time of Board approval. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; Initials41�s Page 7 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com • Ability to terminate; and • Consequences of default on the lease. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, Boynton Beach, FL 33435 or downloaded from www.boytonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-serve basis. Application packets must include the following documentation: 1. A non-refundable fee of$100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Provide 2-3 sentence mission statement for the applying business entity. If the applicant is a commercial property owner, provide a brief history of the property and the current tenants of the space. This will be used as a way to introduce your business to the BBCRA Board. 3. Written detailed project budget describing the improvements to be done to the property. 4. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. It must list all project costs for which the applicant is requesting reimbursement. The project budget must provide a total cost of the project. 5. Signage design, project color chips, material samples and material specifications, if applicable. 6. Copy of building permit receipt/application. If the permit has not been applied for prior to submission of the grant application, a copy of the building permit receipt is due within 90 days of grant approval, or the grant award may be terminated. 7. Resume for each principal/owner of the business. 8. Copy of the corporate documents for the applying business entity. f . u Initials., r Page 8 of 17 Property Improvement 100 East Ocean Avenue,4t"Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com 9. Copy of executed multi-year commercial lease agreement. 10.Copy of Warranty Deed. 11.Two years of corporate tax returns (for existing businesses only). 12.Two years of personal tax returns for the principal/owners of a new business. 13.Copy of design and construction plans associated with the proposed improvements. 14.List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 15.A minimum of four color digital "before" photos of the exterior and interior portions of the project. 16.Completed and signed application (attached). 17.Authorization to perform credit check for the business and each principal/owner of the business (attached). 18.W9 Form and Vendor Application (attached). 19.City Planning and Development Department Acknowledgement Form (attached). 20.City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 18 and 19) must be completed and submitted to the appropriate departments, which are located at City Hall 100 East Ocean Avenue, Building Department, Boynton Beach, FL 33435. Phone (561) 742--6000. Approval of Funding Request All re aired documentation must be submitted no later than noon two weeks,.prior to the second Tuesday of the month. BBC RA staff will review the application to evaluate whether the project is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBC RA Board meets on the second Tuesday of each month at the Commission Chambers located in City Hall at 100 East Ocean Avenue, Boynton Beach, FL 33435. The schedule for BBC RA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBC RA Board. The BBC RA recommends that applicants attend the BBC RA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Initials Page 9 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561) 600-9090 www.boyntonbeachcra-com Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement This program is designed as a matching 50% reimbursable grant. All work for which reimbursement is sought must be completed and paid for by the applicant prior to the release of BBCRA funds. The applicant may request reimbursement for partial payments throughout the project for up to 50% of grant award. The remaining 50% of grant funding will be held until the project is completed according to the City of Boynton Beach Building Department, and if applicable, a certificate of occupancy has been issued, at which point the applicant may submit a final reimbursement request. The BBCRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the BBCRA (3) days prior to the grant expiration date. The BBCRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the reimbursement request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full." Proposals for "work to be completed" or "bids" are not considered proper documentation. a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. Initials � Page 10 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com 2. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). 3. For partial reimbursement requests, a Partial Release of Lien from licensed contractors must be submitted. 4. For the final reimbursement request, the following must also be submitted: a. A"final release of lien" signed by each licensedcontractor(s). See attached Sample of a Final Release of Lien form. 5. A minimum of 4 color"after" photos of the project. 6. A copy of the Certificate of Occupancy/Completion. 7. All in project costs to open or renovate the business for reporting of public to private dollar match By submitting the final reimbursement request, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement that have been used as part of a reimbursement request for any other grant program offered by the BBCRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Property Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION 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 RuleslRequirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the BBC RA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible have been paid is sufficient assurance for the BBC RA to award grant funding Initialer Page 11 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com B r 1009MBEACH � COMMUNITY EDEVEL P ENT AGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Bu 'ness Name (d/b/a if applicable) J' Current Business Address: �z. Fed ID#: L4 CPLI(o Business Phone Number: �� o Cell: Website: . , .:i C Existing Business: Yes °' No Number of years in existence: 1 Time at Current Location: - New Business to Boynton Beach: Yes No' Do you have an executed lease agreement: Yes No If so, monthly base rent: New Business Address (if applicable): - J t - Square footage of current location: _ UD Square footage of new location: Type of Business: Tier 1 Business: ❑ Tier 2 Business:' Tier 3 Business: ❑ (Tier Classification subject to BBCRA Board Approval) Number of Employees: Hours of Operation: List of improvements seeking reimbursement for: Requested grant amount: Page 12 of 17 Property Improvement 100 East Ocean Avenue,4t"Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com BOYNTON BEACH "7'CRA APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (if more than 4 principals/owners additional sheets may be used) 1. Principal/OwnerName:, Date of Birth: Ll 25 Email: Residential r `s: L+, - � ..h 4 ie a - ��,• �.� � '4. `� 4,. Cell Phone NUm ber: 2. Principal/Owner Name. Date of Birth: i, .n°` Email: y t � _ a Residential Address: ' Cell Phone Number: 15L 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistance under any other program offered by the BBCRA? Yes No If yes, what additional programs are you applying for: 77 Page 13 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com BOYNT(DIN CRAH ,��..BEA �. APPLICANTINFORMATION Are you receiving grant assistance under any other governmental agencies: Yes_ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: ,a�:��� '� ao_ I LIf e � SS � Landlord's Mailing Address: l � i r Landlord's Ione Number: CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. 1 further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program Rules and Requirements. 1 understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I Initials Page 14 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com BOYNTON" WHMABEACH [�I 'iCRA 1'- APPLICANT INFORMATION understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in this application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the BBCRA to run a credit report as part of this application,and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the BBCRA or its agents to take photos of myself and business to be used to promote the program. understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. 2 � , Initial- Page nitial Page 15 of 17 Property Improvement 100 East Ocean Avenue,4 t Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com BOYNTO moo' BEACH CRA COMMUNIV REDEVELOP-M.E.-NT AGENCY APPLICANT INFORMATION APPLICANT SIG ATU ES: H Jo, IS Principal wn 11's i �ature Uate7 Printed Name Title 2 � /. , Pri c.. nature Date fpY m + 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 C V-) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared _ __ '� �j , who islare personally knon to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this _ day of ° '° "e-, , 20 . i _.. TARY PU§LIC Aides L. Rodriguez My Commission Expires: a NOTARY PUBLIC-STATE OF FLORIDA MY COMMISSION EXPIRES MARCH to,2023 COMMISSION N0,OQ 291725 P e 16 of 17 operty Improvement 100 East Ocean Avenue,41h Floor, Boynton Beach, FL 33435-Phone:(561)600-9090 www.boyntonbeachcra.com BOY, NTON memBEACKCRA CO,%WU NffY' REDEVELOPMENT AGENCY LANDLORD INFORMATION f LANDLORD I T r 1. t dlord Signat re Date 1 Lan 7 - Printed Name k n Title no- r 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures-Multiple notary pages may be used if signing individually STATE OF 'r 10 C . COUNTY OFaL ` BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared 1 , who is/are personally known to me or produced- l T as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of `\J 1 20 - - OTARY PUBLIC CHELSEA ROSS ��� A�® My Commission Expires: c G Notary Public,State of Florida Commission#GG 306079 My comm.expires FEB.26,2023 Page 17 of 17 Property Improvement 100 East Ocean Avenue,0 Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com 11/22/21,4:46 PM PAPA Maps PCOROTHYJACKS CFA.AAS Wm In County Property Appraiser Vaduw d1f,"'A You v6se Search by Owner,Address or Parcel I i 0 0 0 View Property Record Owners 'ENGLEWOOD HOLDINGS INC Property Detail Location 906 S FEDERAL HWY A Murflcipallty BOYNTON BEACH Parcel No. 08434527060000460 Subdivision BOYNTON ISLES IN Book 09999 Page 1942 Sale Date SEP-1997 Mailing 1921 SW 36TH AVE Add es s DELRAY BEACH FL 33445 illi ,II 6650 Use l-ype 1900-MEDICAL OFFICE- BUILDING UP TO 4 STORIES ,al 5023 Square Feet lu Sales Information Sales Date Price SEP-1997 107500 JAN-1972 305200 0 0 41" Appraisals Tax Year 2021 Improvement Value $698,146 Land Value $318,343 otaMacke..`a�ue $1,016,489 All values are as of January 1 st each year Assessed/Taxable values Tax Year 2021 ze Assessed Value $1,016,489 Exemption Amo .w $o axabe Ve $1 016 489 Taxes Tax Year 2021 Ad Valorem $21,568 Non Ad Valorem $2,336 TOta._tax $23,904; https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434527060000460 Commercial Sublease This Commercial Sublease(this "Sublease") is made effective as of May 10, 2021, by and between Advantage Wellness LLC ("Tenant"), and Advantage Physical Therapy LLC ("Subtenant"). Tenant has previously entered into a lease agreement with Englewood Medical Associates of the Palm Beaches, Inc ("Landlord") dated May 10, 2021 (the "Prime Lease"), a copy of which is attached as an exhibit to this Sublease. Tenant now desires to sublet the leased property to Subtenant and Subtenant desires to sublet the leased property from Tenant. Therefore, the parties agree as follows: PREMISES. Tenant, in consideration of the sublease payments provided in this Agreement, sublets to Subtenant a 2000 Square foot office building at the listed address located at 906B South Federal Highway, Boynton Beach,Florida 33435 (the "Premises"). The legal description for the Premises is: Exclusive use of the entire facility for the deliverance of Physical Therapy , Occupational Therapy, Speech Therapy and Medical Nutritional Therapy Services TERM AND POSSESSION. The term of this Sublease will begin on May 10, 2021 and unless terminated sooner pursuant to the terms of this Sublease, it will continue for the remainder of the term provided in the Prime Lease, which terminates December 31, 2023. SUBLEASE PAYMENTS. Subtenant shall pay to Tenant sublease payments of$4,171.24 per month, payable in advance on the first day of each month. Sublease payments shall be made to Tenant at 3639 W Woolbright Rd, Boynton Beach, Florida 33436, which may be changed from time to time by Tenant. The rent will remain unchanged for years 2022 and 2023, unless the rent is raised by the Landlord due to provisions in the Prime Lease to Tenant. Any increases in the Prime Lease rent will be passed on to Subtenant. Utility Costs. Subtenant shall pay for all utilities, including Water, Electric, Telephone, and Internet used or consumed at the Demised Premises during the term of this Agreement as currently obligated by the Tenant under the Prime Lease. The utilities shall be paid directly to the utility company if separately metered; otherwise, the utilities shall be prorated by Tenant in a fair and equitable manner as mutually agreed to by Tenant and Subtenant and be billed to Subtenant at the same rates as billed to Tenant by the utility company for payment to Tenant. The bills shall be due and payable within ten days of receipt. Property Improvements. Subtenant will be soley responsible for any property improvements required for business operation and aesthetics. Facility maintenance and repairs will be under the responsible party assigned in the Prime Lease. Termination. Subtenant my not terminate sublease unless there is a breach of agreement by Landlord or Tenant. Prior to termination, any breaches will allow for 10 days to resolve upon written notice. DEFAULTS. Subtenant shall be in default of this Sublease if Subtenant fails to fulfill any lease obligation or term by which Subtenant is bound. Subject to any governing provisions of law to the contrary, if Subtenant fails to cure any financial obligation within 5 days (or any other obligation within 10 days) after written notice of such default is provided by Tenant to Subtenant, Tenant may take possession of the Premises without further notice (to the extent permitted by law), and without prejudicing Tenant's rights to damages. In the alternative, Prime Tenant may elect to cure any default and the cost of such action shall be added to Subtenant's financial obligations under this Sublease. Subtenant shall pay all costs, damages, and expenses (including reasonable attorney fees and expenses) suffered by Prime Tenant by reason of Subtenant's defaults. The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law. LATE PAYMENTS. For any payment that is not paid within 5 days after its due date, Subtenant shall pay a late fee of$50.00. SECURITY DEPOSIT. At the time of the signing of this Sublease, Subtenant shall pay to Tennant, in trust, a security deposit of$100.00 to be held and disbursed for Subtenant damages to the Premises or other defaults under this Sublease (if any) as provided by law. Upon the vacating of the premises for termination of the lease, Tenant shall have 15 days to return the security deposit together with interest if otherwise required, or in which to give Tenant written notice by certified mail to Tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form: This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to . It is sent to you as required by Section 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (tennat's address). Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and salespersons, shall constitute compliance with all other relevant Florida Statutes pertaining to security deposits held pursuant to a rental agreement or other landlord-tenant relationship. Enforcement personnel shall look solely to this section to determine compliance. This section prevails over any conflicting provisions in Chapter 475 and in other sections of the Florida Statutes, and shall operate to permit licensed real estate brokers to disburse security deposits and deposit money without having to comply with the notice and settlement procedures contained in Section 475.25(1)(d). CUMULATIVE RIGHTS. The rights of the parties under this Sublease are cumulative, and shall not be construed as exclusive unless otherwise required by law. NON-SUFFICIENT FUNDS. Subtenant shall be charged $35.00 for each check that is returned to Landlord for lack of sufficient funds. PROPERTY INSURANCE. Lessor, Tenant and Subtenant shall each maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. Tenant shall receive advance written notice from the insurer prior to any termination of such insurance policies. Subtenant shall also maintain any other insurance which Tenant or Lessor may reasonably require for the protection of Tenants or Lessors interest in the Premises. Subtenant is responsible for maintaining casualty insurance on its own property. LIABILITY INSURANCE. Subtenant shall maintain liability insurance on the Premises in a total aggregate sum of at least $1,000,000.00. Subtenant shall deliver appropriate evidence to Tenant as proof that adequate insurance is in force issued by companies reasonably satisfactory to Tenant and Lessor. Tenant and Lessor shall receive advance written notice from the insurer prior to any termination of such insurance policies. WAIVER OF RIGHTS. Each of Tenant and Subtenant agrees to, and does hereby, waive all rights of recovery and causes of action against the other,their respective agents and employees, and all persons claiming through or under the other, relating to loss of business, business interruption or loss of rentals resulting from any damage or destruction to the Demised Premises or any of Subtenant's property contained therein, notwithstanding that any such damage or destruction may be due to the negligence of Tenant or Subtenant, their respective agents or employees. Tenant and Subtenant also waive all rights of recovery and causes of action against Lessor for loss of business, business interruption or loss of rentals, resulting from any such damage or destruction, notwithstanding that such damage or destruction may be due to the negligence of Tenant or Subtenant, their respective agents and employees. NOTICE.Notices under this Sublease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows to every interested party: TENANT: Advantage Wellness LLC 3639 W Woolbright Rd Boynton Beach, Florida 33436 SUBTENANT: Advantage Physical Therapy LLC 906B South Federal Highway Boynton Beach, Florida 33435 LANDLORD: Englewood Medical Associates of the Palm Beaches, Inc 1921 SW 36th Ave Delray Beach, Florida 33445 Such addresses may be changed from time to time by any party by providing notice to the other interested parties as described above. GOVERNING LAW. This Sublease shall be construed in accordance with the laws of the State of Florida. LANDLORD'S CONSENT. The Prime Lease requires the prior written consent of Landlord to any subletting of the Premises. Such consent has been obtained and is specified in the Lease Addendum signed May 5th, 2021. INCORPORATION OF PRIME LEASE. This Sublease is subject to all of the terms of the Prime Lease with the same force and effect as if each provision of the Prime Lease were included in this Sublease, except as otherwise provided in this Sublease. All of the obligations and rights of Tenant under the Prime Lease shall be binding upon Subtenant. All of the obligations of Landlord under the Prime Lease shall inure to the benefit of Subtenant. It is the intent of the parties that, except as otherwise provided in this Sublease, the relationship between Tenant and Subtenant shall be governed by the various provisions of the Prime Lease as if those provisions were included in this Sublease in full, except that the terms "Landlord," "Tenant" and "Lease" as used in the Prime Lease, shall instead refer to, respectively, "Tenant," "Subtenant" and "Sublease." The Subtenant herein executes this Sublease with the express acknowledgement that Subtenant has read, reviewed, understands and agrees to comply with all obligations, rights, limitation and responsibilities contained in the Prime Lease. TENANT By- Date:" I/11ness Adv 4to LLC M F rgione, Authorized Member SUBTENANT By: 1V Date: W Z5 Ak�n4je P ys* al Therapy LLC Mark Forgone, Authorized Member ADDENDUMS TO LEASE AGREEMENT TO BE ASSUMED BY ADVANTAGE WELLNESS, LLC ORIGINALLY SIGNED DECEMBER 21 ,2019 BETWEEN ENGLEWOOD MEDICAL ASSOCIATES OF THE PALM BEACHES, INC (LESSOR) AND OAK MT, LLC (LESSEE): ADDENDUM 1: This addendum applies to Lessee's renewal options and does not apply to any other terms in the original contract. RENEWAL OPTION: Lessee shall have the option to renew this Lease for an additional two terms of forty-eight (48) months each. Each option term will be four (4) years and the rent be based on fair market rates of comparable space with a floor of two percent (2%) and a ceiling of five percent (5%) increase for the first year of the first renewal option and then a two percent (2%) annual increase for the second, third and fourth years. The second option renewal will also be based on fair market rates of comparable space with a floor of two percent (2%) and a ceiling of five percent (5%) increase for the first year of the second renewal option and then a two percent (2%) annual increase for the second, third and fourth years. In order to exercise the option to extend, Lessee shall notify Lessor in writing not less than four (4) months prior to the expiration of the current term of its intention to exercise its option to extend. ADDENDUM 11: This addendum applies to errors noted in the original lease. 1 Corrections to original lease: Section 3. TERM: The term of this Lease shall be Forty-Eight (48) months, commencing January 1, 2020 and ending at 11:59 p.m. on December 31. 2023. Section 45. RENEWAL OPTION: Provided that the Lessee is not then in default under the terms of this Lease, then Lessee shall have one (1) option to renew this Lease for an additional term of forty-eight (48) months, upon terms and conditions to be negotiated by the parties, except that the annual Base Rent during the option period shall be adjusted in accordance with Section 46 thereof. Section 46. OPTION: Option term will be fourj4jyears and rental will be based on fair market rates of comparable space with a floor of 2% and a ceiling of 5% increase for the first year and 2% annual increase. ADDENDUM III: This addendum applies to additions to the original contract. ADDITIONS: 1. Lessor agrees to repair the ceiling once the roof has been replaced. 2. if during the course of leasehold improvements by the Lessee, if feasible, the Lessor agrees to relocate the air handler including any duct work and electrical connections to a mutually agreed location that facilitates the direct flow of the air handler water discharge to the exterior of the building at the Lessor's expense. The AJC air handler will be placed inside a new constructed or existing 2 closet and the previous A/C air handler closet will have any damaged drywall replaced and the closet painted and fitted with wood shelving. If the relocation of the A/C air handler delays Lessee's business operation, Lessor will credit Lessee five percent (5%) of the total monthly rent fees per day of forced closure. 3. The security deposit made by OAK MT, LLC and held by the Lessor, will transfer in name to Advantage Wellness, LLC once the Lessor receives a release from OAK MT, LLC. 4. The Lessee will be granted sublease of all or partial use of leased space to Advantage Physical Therapy, LLC. 5. Lessor will grant Lessee a twenty-five percent (25%) reduction in rent for the first four (4) months starting June 1, 2021 and ending September 30, 2021. The rent for the first four months will be $2,937.50 + $190.94 (Florida State Sales Tax) for a total of $3,128.44. Starting October 1, 2021 the rent shall revert to $ 3,916.66 per month + $254.58 (Florida State Sales Tax) for a total of $4,171.24. ADDENDUM IV: This addendum applies to changes to the original contract. The following statement to be added to Section 16. ASSIGNMENTS AND SUBLETTING: Assignment, subletting or transfer of this lease and terms shall not be unreasonably withheld as long as such assignment, subletting or transfer is to an entity with the same scope of practice. The following changes are to be noted to Section 22. Default: 3 Subsection 22 (a) sentence one (1) ..........then, in any one or more of such events, upon Lessor serving a written five 5 day notice of cancellation to comply with or remedy such default, the Lessor may elect to declare Lour 4) months rent due and payable forthwith, or at the option of the Lessor, this Lease and term thereunder shall terminate and come to an end on the date specified in such notice of cancellation, and Lessee shall quit and surrender the Premises to Lessor as if the term hereunder ended by the expiration of the time fixed herein .......... Signed: May , 2021 Lessor: Engl o d Medical Associates of the Palm Beaches, Inc Joseph M. t&etIzano, M.D. Lessee: vantage ellneess LLC Mar 1,CIF' or o 1,74 BUILDING LEASE 1. PARTIES THIS LEASE AGREEMENN'T(hereinaller rel'erred to as the"Lease")is made this _day of December, 2019, between ENGLEWOOD MEDICAL ASSOCIATES OF THE PALM BEACHES, INC. (hereinafter referred to as "Lessor"), and OAK NIT, LLC, an Illinois Limited Liability Company licensed to do business in Florida(hereinafter referred to as "Lessee"). 2. DESCRIPTION Lessor hereby leases to Lessee and Lessee hereby leases from Lessor,the space as presently constituted (hereinafter referred to as the "Premises"), known as 906B South Federal Highway, Boynton Beach.Florida 334')5.consisting of two thousand(2.000)square feet of net useable area of the building located at 906B South Federal I lighway. Boynton Beach, Florida 33435 (hereinafter referred to as the "Building"). The Premises shall be designated as "Suite B" of the Building. Building square footage is five thousand (5,000) square feet net useable area. 3. TERM The term of this Lease (hereinafter referred to as the "Teini") shall be for Forty-Eight(48) months, commencing on January 1. 2020 and ending at 11:59 p.m. on December 31. 2024, thereafter, or on such earlier date as this lease may teri-ninale as hereinafter provided. If Lessee shall take possession of" the Premises or any part thereof prior to the Commencement Date (which Lessee may not do without Lessor's prior written consent).all of the covenants and conditions of this Lease shall be binding upon the parties hereto with respect to the Premises as if the Commencement Date had been fixed as the date when Lessee took possession of the Premises and Lessee shall pay Rent for the period of such occupancy prior to the Commencement Date at the rate of the annual Base Rent set forth in Section 4 hereof prorated for such period of occupancy. Said early possession shall not advance the termination date of this Lease. 4. BASE RENT Lessee agrees to pay Lessor as Base Rent monthly installments in the amount of$3.750.00 per month., plus Florida State Sales Tax for the first year. The second year rent shall thereafter be increased to $3,916.66 per month. St , plus Florida ate Sales 'rax for the second year. The gross annual rent shall stay the same for year three and year four, unless on a per annum basis the real estate taxes and insurance costs of the building increase by 10%or more over the base amount from 2019. If the real estate taxes and insurance costs exceed the 10%threshold, then the base rent for years three and four would be increased by an additional 40%of arty increase in real estate taxes and insurance costs over the 2019 base amount plus the threshold of 10%. Further sums may be due as "Additional Rent" as hereinafter set loath. ev Base Rent shall be payable in advance on or before the first clay of each and every calendar month durinc-,the Term, g includinLill renewals and extensions thereof. Rent for any period zn I during the Lease Term which is for less than one (1) month shall be a pro rata portion of the monthly installment. Lessee shall pay,, all sales and or use tax on said Base Rent. "fhe term "Lease Year" as used herein shall irican a consecutive tvelve month period con,imencing on the Commencement Date{if such date falls on the first day of a calendar month')or on the first dav of the calendar rnontlil fi)fliowim-T the Commencement Date (if the Commencement Daae does not fall on the First clay ofa calendar month'), 5. ADDITIONAL RENT - PRO RATA SHARE OF 111TILaIES AND REAL ESTATE TAXES In addition to the lase Rent, each calendlar yl-ar ,he Lessee is requi—ld to pa% ulflHties Oncluding, but not limited to electric,water. sewer sanitation. hereinafter referred to as "L trlities"� pid by Lessor furnished to the Premises and such pro rata share shall be deemed as "Additional al Rent". TAXES: Lessor agees to pay to the. local tax authorities and other governmental agencies.. ,hrou-hout the term of this Lease and any renewal thereof.all real estate taxes.and all assessments, which may be lei,led against the Building and the Land. and the Lessee shall pay any property tax generated by any- lease hold improvements. UTILITIES CHARGES: A separate water meter has riot been provided,Lessor agrees to Dr0'6tde water up to 5.000 (pllons per rnonth, and any water usage over 5.000 gallons shall be aid t-- - p by the tenant culpable for the mcrage due to negligence or failing to quickly remedy any water "astage. Lessor shall at their option, have the absolute right to install separate water meters (at Lessor's expense) vvith each tenant thereafter responsible for their own water bills. Lessee shal I also pay for their electric. phone and internet charges. 6. SECURITY DEPOSIT Lessee shall deposit�xuh Lessor"on he signin- ofthis Lease the sujj,j ofI 8-33.321 as SCCUF'tv 'or the perfornialICC OF 1-CSSec's obl",-al ions 1.11-Cllr this Lease, including without limitation. d 10 surrender of possess ioi i of the Premises to Lessor as herein proti'lded. If Lessor applies any part of the deposit to cure <iny default of'Lessee, Lessee shall �,vuliin ten 10) days after \Ni�tten demand therefor deposit with Lessor the amount so applli(:d so that Lessor shall have the full deposit on hand �.jt all tirries during the terms of the Lease. Within thirty (30) days after the LXTH'a110rl of the ori,-sinal or extended term hereof. on the condition Lessee has fully andfaithfulk. performed every provision of this Lease to be perforined by it, the security deposit, or any balance thereof, to-ether with all interest earned thereon. shall be returned to Lessee (or at Lessee's option to the last permitted assignee. it ,any.. of Lessee's interest liercunder). Lessee ackno%�ledges that Lessor has the right to tnansfcr its interest in the Land and Building an,-.1 in this Lease,and Lessee a-o rees that in the ex ent of any such transfer. Lessor shall have the right to transfer the security deposit to the transferee. Upon written acknowledgement of transferee's receipt of such security deposit, Lessor shall thereby be released by Lessee from all liability or obligation for the return of such security deposit,and Lessee agrees to took solely to such transferee for the return of the security deposit. 7. USE AND OCCUPANCY Lessee shall use and occupy the Premises as a physical therapy practice and for no other purposes without Lessor's prior written consent. 8. COVENANTTO PAY RENT Lessee shall pay rent,and any additional rent as hereinafter provided,to Lessor at 1921 SW 36"' Avenue. Delray Beach, Florida 33445 or by direct deposit. 9. CARE AND REPAIR OF PREMISES Lessee shall commit no act of waste and shall take good care of the Premises and the fixtures and appurtenances therein,and shall,in the use and occupancy of the Premises,conform to all laws, orders,and regulations of the Federal, state.and municipal governments or any of their agencies or department.All improvements made by Lessee to the Premises which arc 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 of this Lease, Lessee shall, at Lessee's expense.remove all of Lessee's personal property and those improvements made by Lessee which have not become the property of Lessor, including trade fixtures. cabinet work, moveable paneling,partitions, and the like, repair all injury done by or in connection with the installation or removal of such property and improvements-.and surrender the Premises in as good condition as they were at the begirming of the Tern-i,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, eniployees, visitors, or licensees.excepted. All property,of Lessee remaining on the Premises after the last day,of the'ferm of this lease shall be conclusively deemed abandoned and may be removed by Lessor. and Lessee shall reimburse Lessor for the cost of such removal. 10. CONSTRUCTION OF PREMISES Lessee agrees that it will not,construct any improvements without the prior written consent of Lessor. It. ADDITIONS,ALTERATION S, OR IMPROVE MENT S Lessee shall not.without the prior expressed written consent of Lessor.make any structural alterations,improvements or additions in.to,or on and about the Premises. Lessor's refusal to give said consent shall be conclusive. if Lessor consents to said alteration,improvements or additions,it niay g., without impose Such conditions with respect thereto as Lessor deems appropriate, including limitation,requiring Lessee to furnish Lessor with security for the payment of all costs to be incurred 3 in connection with security fort he pa\,ment o f al I costs to be irICLU-11'ed in connection with such �kork, irisurance aaainst liabilities which may arise out of such work. and plans and specifications plus permits necessary for such work. The work necessary to make any alteration, improvements or additions to the Premises shall be done at I.essce'sexpoil se. I 'l.)oncompletion ol'suchw,,-orkt,,essce shall deliver to Les.-,or. if'payrrient is made by I-essee directly to contractors. evidence of paw,nnent. contractor's afliclavits, and full and final waivers of all liens for labor. services or materials. Lessee t snail defend and hold Lessor the Building harmless fi-oin all costs,damages.liens arid expenses s t- related to such work. .,Ml work done bv Lessee or its contractors pursuant to this Section 12 shall be done in a firsi-class workmanlike manner using only good.grades of i-naierials and shall comply ,x all insurance requirements and all applicable laws (Ind ordinances and rules and regulations of oovernmental departments or agencies'. 12. COVENANT AGAINST LIENS Lessee has no authority or power to cause or pern-ni any lien or encuinbrance of an\: kind whatsoever,whether created by act of Lessee.operation oflavx or otherwise.to attach to or be'r)laced upon Lessor's title or interest in the Building or Premises. arid anv and all liens and encumbrances created by, Lessee shall attach to Lessec's interest only. Lessee cc >v and agrees not to suffer or permit. any lien of mechanics or material Tnen or others to he placed against the Buildino or the Premises with respect to work or services clatined to have been periorined for or materials claimed m have been furnished to Lessee or the Premises. and. in case of any such lien attach1nL,, Lessee coli onants aricIf agrees to cause it to be released and removed of record wAlzltlurj live( �)business days In the ew,enl that such lien is not released and rennoved vvithin five(5)business da-vs ot'notice, Lessoi% at its sole option.may take all action necessary to release tared remove such lien(vvithout am dUt-v-to lnvesti�atC the validity ttiereof)and,Lessee shall promptly upon notice reimburse Lessor for- all 6ra', surns.costs and expenses(including reasonable attorney's lees)incurred by Lessor in connection with such lien together vvith a fifteen percent (1511,16) administrative charge 13. ACTIVITIES INCREASING FIRE INSURANCF, Lessee shall not do or suffer anything to be done on the Premises that will increase the rate of g insi.irance on the Building. If by reason of the failure of lessee to comply \A,ith the terms of this 1-ease, or b} reason of"Lessee's occupancyC� (e\en though perrintied or conterriplate by this Lease). the insurance rate shall at any time be higher ww -eirriburse thaii it ould other ise be, Lessee shall i I essor for that part of all insurance prerniurns charIged because ol'such -violation or occupancy by Lessee, 14. AC CUMUJTATION OF WASTE OR REFUSE -MATTER Lessee shall not pci'mit the accuniull'adnion ofwaste or refuse matter on or about the Premises or any-where in or near the Building,Lessee shall be responsible to take the trash cans to the curb on SIDecified trash days rand then return thein to the trash enclosure. The Lessee will be given a key l'or tilt losure. Note: trash cans are not to be alto-�wed to remain at the curb overnight or on U'as, enc holidays. No large ,rash items are to be retained in the trash enclosure, The Lessee will need to make arranLcrnents for a special pick up to haul aNva% any large trash iterns at their expense, o 15. ABANDONMENT Lessee shall not,without first obtaining the written consent of Lessor.abandon the Premises, or allow the Premises to become vacant or deserted. 16. ASSI�YNMENT AND SUBI,ETTING Lessee shall not.without the prior expressed written consent of Lessor.(i.)assign,convey or mortgage this Lease or any interest hereunder-, (ii)suffer to occur or permit to exist any assignment of this Lease.or any lien upon Lessee's interest, involuntarily or be operation of law;(iii)sublet the Premises or any part thereof.or(iv) permit the use of the Premises by any parties other than Lessee and its employees. Lessor's consent to any assignment.subletting or transfer or Lessor's election to accept any assignee, subtenant or transferee as the tenant hereunder and to collect rent from such assignee, subtenant or transferee shall not release the original Lessee from any covenant or obligation under this Lease. Lessor's consent to any assignment, subletting or transfer shall not constitute a waiver of Lessor's right to withhold its consent to any future assignment. subletting or transfer. If Lessee is a corporation and if any transfer,sale,pledge or other disposition of the majority, or controlling interest o t`the outstanding stock.be changed. Lessee shall so notify lessor and Lessor shall have the right, at its option. to treat any such transfer, sale,, pledge or other disposition as an assignment under this paragraph and subject to all restrictions herein. 1.7. COMPIJANCE WITH RU1.,ES, AND REGULATION Lessee shall observe and comply with the rules and regulations for the Building attached hereto as Exhibit "A" and made a part hereof,and with such further reasonable rules and regulations as Lessor may prescribe. for the safety,care,and cleanliness of the Building and the comfort,quiet., and convenience ol"other occupants of the Building. 18. ELECTRICAL EQUIPMENT 'The Lessee shall not install or maintain any electrically operated equipment,machinery,or heavy equipment except light office machines and those machines normally used in the conduct of Lessee's business, without first obtaining the written consent of the Lessor which shall not unreasonably be withheld. The Lessor may condition such consent.upon the Lessee's paying for any excess consumption of water and/or electricity occasioned by the operation of said equipment or machinery as additional rent. 19, DAMAGES TO BUILDING If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonable estimated by Lessor. will equal or exceed Thirty Percent (.30%) of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage,then Lessor may,no later than the forty-fifth(45)day following the damage.give Lessee a nmice of election to terriiinate this Lease. In the event of'such election. this Lease shall be deeined io terinniate on the fifteenth 0.!5) day after the giving of such notice, Lessee shall suirender T possession ofthe Premises, oil or be ori. 0,1e fifteenth (11 5') ckiv after notice of election to terminate. and the rent. and any additional rent. shall be apportioned as,of the date of sun-ender. Any rent paid ior any period beyond such date shall be repaid to Lessee. Jf the Cost of`restoration as estimated by Lessor shall amount to less than Thirty Percent of the replacement value of the bUildirl". or If, (je,,p'le the cost. Lessor does not elect to terinInate this [,case. Lessor :Tali restore the BtIdding, and Premises with reasonable promptness within forty-five (45) days. subject to delays beyond lessor's control and delays in the making of ;Insurance adjustments between Lessor and his Insurance carrier. and Lessee shall have no m_)ht to terminate this Lease except as hercin provided. Lessor need not restore fixtures.improvements.and I alterations olN tied by Lcssee. In any case in Which use of the Premises is affected by any darnape to the Building. there shall be either an abatement or an equitable reduction in rent depending on the period for which and the extent to which the Premises are not reasonably Ll,,cahle for the purpose for vJiich they are leased hereunder. I he�,orcls "restoration" and "restore" as used In this Section shall include repairs. It the damage results from the fault of Lessee. or Lessee's agents. employees. visitors. or licensees. lessee shall, not be entitled to any ab,,ilernent or reduction of rent. 20. NNAIVER OF SUBROGATION In any event of loss,or damage to the Building.the Premises and/or any Contents. each imi-tv sflall took first to tlich-insurance in its favor before juakilng any clairri again the other part,N. 1 o the -2x-ent possible without additional cost. each party shall obtain for each policy of such insurancc., pro\ision perauttin- waiver of ani, claim against the other party tarloss or darnage�N ithin the scope of such i nsurance.and each party,To such extent j)errnjt!etL for itselfand its insurers waives all Such inSLJ-;2d claims against the other party. 21. EMINENT DONIAIN Ifthe Premises or any part thereof or any estate therein. materially affecting Lessee's use of' the Premises. shall be taken by eminent don-iain. this Lease shall terminate on the date when title vests pursuant to such taking. The rent. any additional rent, shall be apportioned as of the ier.mination date.and any rent paid for any period beyond that date shall be repaid to Lessee:. Lessee shall not be entitled to any part of' (fie amard for such taki.m4 or an,," payment in lieu thereof',, but Lessee shall have the right to recover f,orn the condernrin-i.: authority. but I-lot trorn I..'essor. such compensation as may be separately awarded or recoverable for the taking of fixtures and improvements owned by Lessee.prop idedno such claim shall diminish or otherv\ise adversely affect i.esso.,'s award. 22. DEFAULT (a) If Lessee fails to pay anti, rental or other payn-lent due hereunder or upon its fallure to perl'Orin any other of the terrns of this Lease to be observed or performed by Lessee on Its part to be obscred or performed, or if Lessee shali becOme bankrupt or insolvent. or file any debtor procccd1m,s or take or have taken a0ainst Less.ce In an\1 C01111 pUrstiant to any statute either ofthe ik-nAed States or of am, State a petition iii,bankruptcy or insok ency or for reorgain7ation or for the 7' appointment of is receiver or trustee of all or aortion ofy Lessee's property, or if Lessee makes all p I I assignment for the benefit of creditors or petitions for or enters into an arrangement,or suffers this Lease to be taken under any, writ of execution or attachment or if this Lease shall pass to or devolve upon.by law or otherwise,on other than Lessee except as herein provided,then.in any one or more of`such events,upon Lessor serving a written three(3)day notice of cancellation to comply with or remedy such default.the Lessor may elect to declare the entire rent for the balance of the term,or any part thereof. due and payable forthwith, or at the option of the Lessor, this Lease arld the term thereunder shall terminate and come to an end on the date specified in such notice of cancellation. and Lessee shall quit and surrender the Premises to Lessor as if the term hereunder elided by the expiration of the time fixed herein.but Lessee shall remain liable as hereinafter provided. (b)If the notice provided shall have been given and the term shall expire as aforesaid,or should Lessor elect riot to terminate this Lease, Lessor shall have the immediate richt of re-entry and may remove all persons and property frorn the Premises and such property, may be removed and stored in a public warehouse or elwwhere at the cost, and tear the account of Lessee. all without service of notice or resort to legal process (all ol7which Lessee expressly waives and without being deemed guilty of trespass)or becoming liable for any loss or damage which may be occasioned thereby. Lessor shall have a lien for the payment of all suras agreed to be paid by Lessee herein upon all of Lessee's property,which is to be in addition to Lessor's lien now or that my hereafter by provided by law. M Should Lessor elect to re-enter or should it take possession pursuant to legal proceedings or pursuant to any notice provided for or any part thereof for such term or terms (which may be for a terns extending beyond the term of this Lease) and at such rentals and upon such other terms or conditions as Lessor in its sole discretion may deem advisable: upon each such reletting all rentals received by Lessor from such reletting shall be applied, first, to the payment of any indebtedness other than rent due hereunder from I-essee to Lessor, second, to the payment of any costs and expenses of such reletting, including brokerage tees and attorney's fees and to costs of such alterations and repairs, third, to the payment of rent due and unpaid hereunder, and the residue, if any,shall be held by Lessor and applied in payment of future rent as the same may become due and payable hereunder. If such rentals received for such reletting during any month be less than that to be paid during that monthly Lessee hereunder,Lessee shall pay any such deficiency to Lessor. Such deficiency shall be calculated and paid monthly. Lessor may recover from Lessee all damages it may incur by reason of Lessee's default, including the cost of recovering the Premises, reasonable attorney's fees. and including the worth at the time ot'such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated term over the then reasonable rental value of the Deinised Premises for the remainder of the stated term. all of which amounts shall be immediately due and payable from Lessee to Lessor. (d) The parties hereby waive trial by jury in any action,proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of lessor and Lessee, lessee's use or occupancy of the Premises, and; 'or any claim of injury or damage. In the event Lessor cornmences any proceedings for non- payment of rent,or additional rent,Lessee will not interpose any counterclaim of whatever nature or description in any such proceedings. This shall riot,however,be construed as a waiver of Lessee. (e) Lessee hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Lessor obtaining possession of the Premises.by reason of the violation by Lessee of any of the provisions of this Lease. or otherwise. M 11, the event of a breach or threatened breach by Lessee of any provision of this Lease.lessor shall have the right of itkiuliction 7 as if other remedies were not provided for herein, (g)The rights and remedies aiven to Lessor in this Lease are distinct, separate and curnulative remedies, and the exercise ofany of them shall not be deemed to exclude Lessor's right to exercise any or all ofthe others, (h) Neither the commencement an-v of any action or proceeding nor the settlement thereof or entering of I . Judgment therein shall bar lessor from bringing subsequent actions or proceedings froin time to time. N� ,:ot�,v,,jbs di c <anything t� I I I I tan ng , , in this Lease to the contrary, Lessor reserves all ri,ohts which the Laws of the State oil' Florida confer upon ca Lessor against a tenant in default. (l) This paraoraph shall apply to any reney\al of extension ofthis Lease. 23. NO WAIVER OF (_,'ON7EN.,kNTS OR CONDITIONS The failure of either party to insist on a strict performance of air\r covenant or condition hereof:'. or to exercise any option herein contairiLd, shall, not be construed as a waiver of' such covenant, condition. or Option in anv other instance. ThP,, Lease cannot be changed or ten-ninated 24. COLLECTION OFRENTFROM ANY OCCUPANT If the Premises are sublet or occupied by anyone other than Lessee and Lessee is in de-fautt hereunder, or if this Lease is assigned by Lessee. Lessor may collect rent from the asslL)neel subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No-such collection shall be deemed a yvalver ofilie covenant herein assi- a-ainst riment and subletting or the C tn acceptance of such assignee. -subtenant, oi- occu aril as Lessee, oi- release ofl,cs.-see from further l P perforl-nance ofthe covenants herein contained. 25. SUBORDINATION OF' LEASE This Lease shall be subject and subordinate to all rnortuages that may nm� or hereafter effect such Leases or the real property ol' tiyhiclr the ll,enlises, forrn a part, and also to all renvv,,-`lS. 1-1100il-ications. consolidations. and replaceinenis of-such nriortgages. Alth0U2h no instrument or act on the part ol"Lessee shall be necessaly to effectuate such subordil tion, Lessee w'ertheless, execute and deliver such rul,her instruments confirnilnp.such subordination of this Lease as may be desired by the holders of such niortgages. Lessee herebN. appoints Lessor attorney in. fact. irrevocably. to execute and deliver any such instrument for Lessee. 26. IVIG. .—FO CURE LESSEE'S BREACH IfLessee breaches any covena-rit or condition of this Lease. Lessor may. on three (3) days' noticetoU'ssee(except that no notice need beoiven in case of emerocney). cure such breach at the expense of Lessee. The reasonable arriount of all expenses, including attorney's fees, incurred bN Lessor in so doing (whether paid by Lessor nor not) shall be deemed additional rent payable on dernand. 27. NOTICES Any notice by either party to the other shall be in writing and shall be deemed to have been duly given only if delivered personally or sent by registered or certified mail in a postpaid envelope addressed- if to Lessee,at the above described building-. if to Lessor,at Lessor's address as set forth above;or,to either,at such other address as Lessee or Lessor,respectively,may designate in writing. Notice shall be deemed to have been duly given,if delivered personally,on delivery thereof'.and if mailed, on the first (Ist) day after receipt thereof, 28. RIGHT TO INSPECT AND REPAIR Lessor may. but shall not, be obligated to, enter the Premises at any reasonable times, on reasonable notice to I-essee (except that no notice need be given in case of emergency) for the purpose of inspection or the making of such repairs,replacements.or additions in,to,on and about the Premises or the necessary building.as Lessor dectris or desirable. Lessee shall,have no cause of C� I action or claim against Lessor by reason thereof. 29. INTERRUPTION OF SERVICES OR USE Interruption or curtailment of any service maintained in the Building, if caused by strikes., mechanical difficulties,or any causes beyond Lessor's control,whether similar or dissimilar to those enumerated, shall not entitle Lessee to any- claim against Lessor or to any abatement in rent. and shall not constitute constructive or partial eviction, 30. CONDITIONS OF LESSOR'S LIABILITY Lessee shall not be entitled to claim a constructive eviction from the Premises unless Lessee steal I have first notified Lessor in writing of the condition or conditions giving rise thereto and.if the complaints be justified,unless Lessor shall have failed within a reasonable time after receipt of such notice to remedy such conditions. 31. RIGHT TO SHOW PREMISES Lessor may show the premises to prospective purchasers and mortgagees and, during the three(3)months prior to termination of this Lease.to prospective tenants,during business hours on reasonable notice to Lessee. 32. NO OTHER REPRESENTATIONS No representations or promises shall be binding on the parties hereto except those representations and promises contained hercin or in some future writing signed by the patty making such representations or promises. 9 33. QUIET ENJOYMENT Lessor covenants that 1¢ and so lont'), as Lc�,�secp ays the rent- and any' additional rent as ,erein movided. and performs the covenants 1-lereof.. Lessee shall peaceablyand quietly have. hold andenjoy the Premises for the terl-rherein nientioned. subject to the provisions ons ofthis Lease. 34. ESTOPPEJ_ CERTIFICATES Lessee agrees from time to time, within ten (10) days after a request by Lessor. to C,�ecljte and deliver to Lessor an estoppel eerti.fiicatc. in fbr.mi satisi"I clory to Lessor. which certifies (a) that mis Lease constlitites the only a_orcernemt benxeeri Lessor and l-'essee with respect to the Premises, h) that this I.-case is unn-iodified and in fill! force,�.mcl effect(or ilf there have been modifications,that the Sallie is In fill',force and effect as modified-and Stating the modifications),(c)the expiration date of the]-.ease term and that there are rio a,reernerits with Lessor to extend or rencrN, the Lease terin or pertrin any holding over ior ifthere arc aliv such agreements. describes thele and specifics the peri ods of exten ion, or renewa 1). W) the elates through which rents have been paid, incluclit at)\ nnns rald in advanec: (o �' heLhel-ornw any ,ecuirm ctc,'posilfs) ave I cen paid: - t ' m I't D (I) %r hether or not an\ tenant inipro\,einents have been cornpicted �o) whether or not there Is 11.right or" s ter Interest to sell or the sante; (h) whether or not, to the knowledge and bellef'off-,essee,-f-essor is in default in i-)enormance of any (-)fit.,, oblip,ations under this Lease. and specifics each default of which Lessee has knowlcdoe: 1)( vdiether or not to the kriowled,( :�11 '' ge and belief ofLessee, any event has occurred which. with the g3kin2 ()I'ILI,' is notice or passage of time. or both. r,wulcl constitute a default b\ 1_, ssor.and 11"such an event has occurred, specifies cacti such event: and(i)v,-hel her or not I is en I i ed to all'v credlis. offsets. detenses or deductions a,_)airist pavnient of rents. and if so, describes them. An estoppel certificate issued by LeSSCC pursuant Io this 'Section shall be representation and \VaMinty by Lessee which may be relied upon by Lessor and by others with whom Lessor nim be Lessee shall also include In the estoppel certificate such other information concernini-, this Lease Lis Lessor niav reasonably reqLlt st, If Lessee falls to executeInd deliver the estoppel certificate within tell (1'0) clays after a request by Lessor. (a) Lessor's representations concemim,, the factual Matters Covered bN, the estoppel oppel certificate. 'as described abor c. shall be conclusively presurned lo he correct, (b) I,' essce shall be deemed to have HTC'VOcibl\ constituted and appolmed 1..cssol- as Lessee's special attorriev-jri-fact to execute and clehver the estoppel certificate to any third party, and (c) such failure shall be a material default entitlintl Lessor to exercise its remedies under the ierins hereof. 3-5). NAN"AIVER OF JURY TRJAI_ To the extent Such \kai\er is :)erniflitcl b\ la\,\ the l-mrtles N�;Ulve Trial bv jury in an\ action or proceeding broLiul')t :n., connection rxitli this Lease ()I, the Prejj);ses, 36. SECTION HEADINGS The section headings in this Lease are intended l'or convenience only and shall rim he taken into consideration any construction oi- interpret,tion ofthis i case or any of its provision. 37. APPUCABILITY TO HEIRS AND ASSIGNS This provisions of this I-ease shall apply to, bind, and inure to the benefit of Lessor and Lessee.and their respective heirs.,successors,legal representatives,mid assigns. It is understood that the term "Lessor" as used in this Lease means only the owner,a mortgagee in possession,or a term Lessee ofthe Building.so that in the event of any sale of the Building or of any Lease thereof,or if a mortgagee shall take possession of the Premises,, the Lessor named herein shall be and hereby is entirely freed and relieved of all covenants and obligations of Lessor hereunder accruing thereafter. and it shall be deemed without further a0reernent that the purchaser,the term Lessee of the Building. or the mortgagee in possession has assumed and agreed to carry, out any and all covenants and obligations of the Lessor hereunder. 38. INDEMNITY AND ATTORNEY FEES Lessee shall indemnify Lessor and save Lessor harmless from suits, actions, damages, liability, and causes of action of every nature whatsoever arising or growing out of or in any manner connected with the occupation or use of the Premises and Building ,and every part thereof by Lessee or the employees. agents, servants, guests and invitees of Lessee, including without limiting the generality of the foregoing,of any claims, demand and causes of action of every nature whatsoever which may be made upon, Sustained or incurred by Lessor by reason of any breach. violation or omission or non-performance of any terni,covenant or condition hereof on the part of Lessee or by reason ofanv act or omission on the part of Lessee or the employees. agents, servants. guests or invitee of Lessee,except acts or omissions arising from.the gross g negligence or willful misfeasance of Lessor. In case Lessor shall without fault On its part be made a party to any litigation commenced by or against Lessee, then Lessee shall protect and hold harmless Lessor and shall pay all costs, expenses and reasonable attorney fees. "I'lie foregoing indemnification shall survive the termination of this Lease. Lessee shall also pay, all costs, expenses and reasonable attorney fees that may be incurred or paid by Lessor in enforcing the terms of this Lease.to include any attorney fees incurred or paid by Lessor in appellate proceedings. 39. COMMON AREAS All common areas and other facilities in or around the Building provided by Lessor shall be subject to the exclusive control and management of Lessor. Lessor shall have the right to construct, maintain and operate lighting and other facilities on all said areas and improvements'to police the same to change the area. level, location and arrangement of parking areas and other facilities: to restrict parking by Lessee, or to designate parking areas for Lessee, their officers, agents and employees.to close all or any portion of said areas or facilities to such extent as may be sufficient to prevent a dedication thereof or the accrual of any right of any person to the public therein;to close temporarily all or any portion ofthe parking areas or facilities to discourage non-customer parking Lessor shall operate Lind maintain the common facilities in such manner as Lessor in its discretion shall determine,and Lessor shall have full right and authority to employ and discharge all personnel with respect thereto. 41t INSURANCE Lessee. shall. at its expense. provide and mail lain in force during the entire term of this i'case.and anv ex-rMnsion orrenewal hCrC01', PUhhC liability irisulrancevith limits ol't.!ovcrage of not less than S2.000.000 i"or any property darnwe loss lfron:i any one accident. and not less than 5500.000 for injury to am, one person frorn an-vone accideni. Each policy of such insurance shall name as the Hisured thereunder Lessor and Lessee. Each such liabilitv insurance policy shall be of -fie original the tN PC commonly known as Owner's.Landlord's and Tenant's insurance;. I iginal ofeach such Policy 0i insurance or certified duplicates thereof issued by the insurance Of irISUring orIganizatior-', shall be delivered by Lessee to Lessor on or before-ten 0)days prior to occupancy of the Premises h-, Lessee. Any other 'I'Orin OfIrISUran(:e `Oiicli Lessee, 1.essor or Mortgagee, acting reasonably, S and 1 a i IM Lin"wUnt's `6r risks aaainst vhlch a prudej.it Lessee H require frorn tIirrie to tirne, in for XVOLLICI insure, All Policies referred to above shall be taken out wlih insurers I'licellseG to Cl'o bus]]'ICS's in Florida and reasonably acceptable to Lessor. 11 Lessee falls to obtain or maintain the insurance as hcrein provided,it shall be considered a default and Tenant shall have t_W_eTItV-four hours to cure Said Cletault. Ecssorrna�- effeCt Such Insurance without assurnino am, obligation.in connection the _'with. at the sole cost olTessee and all OL[tl,..I\,S b\ LeSSOI-. Shl,'Ifl irninedialely be clue and owinF. by I_A.,SS'e0. 41. RE'N'T LOSS INSURANCE Lessee shall,during the Terni and array extension of,1111s,Lease,Carry at Lessee's sole expense, a policy of rent insurance Insuring Lessor against loss of the base rental hereunder. Lessee s'h'all DuIrnish✓Lessor \,vith Li certificate of insui-arice evidencin.,), SLICil Covera IC, 42. JANITORIAL, SERVICES Lessee shall provide and pay forjamtorial services for the Premises. Should Lessee elect to use an outside-janitorial service, said service shall be perf'C)rrned by a licensed and bonded janitorial. contractor approved by Lessor in writin.o. Stich janitorial contractor shall be required to carry liabilltv and work-men's compensation insurance lllarnin, Lessor as, an additional insured. 43. LATE CHARGES Ail installments of'rent,additional rent Or any other charges or payments clue from.Lessee to Lessor, not received I)v Lessor within 10 days from the due date as specified in this Lease. shall be considered late and Lessor may clrat-L),e a penalty often percent (I 091"o) Of the U111C011ecLed, arnoLarl. Should said late pm ments be delinquent for more than thin;,- (30) days. Lessor rr)a\ charge I e s s ec. im.—est on the unpaid arnount at [he h4:dhesi rate of interest allovcd under the laws of the State of I'loncla, 4f 44. RADON GAS Florida Statutes Section 404.056 (8) requires that Lessor give the following notification: Radon is a naturally occurring radioactive gas that, when it has accumulated ill a building in sufficient quantities,may present health risks to persons who are exposed to it over time. Levels of radon gas that exceed federal, and state guidelines have been found in buildings in Florida. Additional in(brmation regarding radon and radon testing may be obtained from your county health unit. 45. RENEWAL OPTION Provided that Lessee is not then in default under the terms of this Lease. then Lessee shall have one(1)option to renew this Lease for an additional term of forty-eight(48)months,,upon terms and conditions to be negotiated by the parties. except that the annual Base Rent during the option period shall be adjusted in. accordance with Section 47 thereof. In order to exercise the option to extend, Lessee shall notify Lessor in writing not less than four (4) months prior to the expiratiori,of the current term of its intention to exercise its option to extend. 46. OPTION Lessor and Lessee agree to negotiate the Base Rent at the time Lessee is interested in renewing this lease. If Lessor and Lessee cannot agree to the annual Base Rent,then the Lease will not be renewed and this Lease will terminate in accordance with the terms of this lease. Option term will be t rears and rental will be based on fair market rates of comparable space with a floor of 2% and ceiling of 5%o increase for the first year and 2% annual increase. 47, HOLDING OVER In the event Lessee remains in possession of the Premises after the expiration of the tenancy created hereunder other than in connection with good faith negotiations for renewal of this Lease, then, without the execution of a new lease, Lessee. at the option of Lessor, shall be deemed to by occupying the Premises as a tenant frorn.month-lo-month, at a monthly rent equal to two (2) times the Base Rent payable during the last month of the lease Term, Such tenancy shall be subject to all the other conditions.provisions and obligations of this Lease insofar as the same are applicable to a month-to-month tenancy. 48. MISCELLANEOUS PROVISIONS 11AZARDOUSWAST E: lessee shall obtain Biohazard Waste generatorpermit(waiver)per t Florida Law. Lessee agrees that it will comply with all environmental law,whether local, state or federal,including,without limitation,(a)Federal Clean Air Act,4211 S,C'. 1857 cause (b)Federal Water Pollution Act.33 U.S.C. 1151. (c)Resource Conservation and Re covet 7 Act of 1976, 4211J&C- 9601. (d)Comprehensive Environmental Response,Compensation and Liability 13 (.'c)nt-roJ Act- 15 t .W 2301, �t s .; and t,()) Florida /fir and Watei- Pollution Act, Chapten- 403. Florida statutes..as each shall be aniended from time to dine, Without limitino the loreg,-oing,Lessee agrees that it WU 0) give "Atten Wice to Lessor at least seven (7) das in advance of any production, generation. WHO,`storage. treatnici-it.tramportadon.dkposal.release or removal of "I lazardoi-is Waste" (as dellned below) from or on the Prem0w (ii)not nse or employ the Premises, or any portion, of the Lond w handle., Iranspm. store. treat or dispre of ant Hazardous Waste. whoWer or not it was generaud or produced on tfhe Usaw harmles's from and against anand all claims., damage. habibly expenne or con of aq kind, \\naisoeVer. including. I)ut not limited to. morney's fees arid costs at all tribunal levels. "Wh Lessor may suf1hr, incur or pay resulting from or arising out of any act or Wien of Levee or Levees Aleuts, or any other person on the Premises Under color of authority of Lessee, effecting, the handliri4,,- storage, treatment. transportation.disposal.release or threat of release, or removal of Hazardous Waste fi-orn or on the Promises or any portion cif the Land, 'Yhe term "Hazardous �Vastc" stiall inc]UdC \\ithout limitation zing' L0Xi6 ,vaste, chemical pollutant. solid waste,emribinmion of solid waste.or similar enWronmental hazard.which,because of its quantity. concentration, or physical. clici-nical or infectious characteristic,,, may cause or jni-ficmnly contribute to(i)an increase in in(miabty.(b)an Reversible or incapacitating! illness,or (iii)a substantial.present.or potential hazard to hurnan health or the environnient,when improperly treated, stored,transported or disposed.or othervvise managed,whether at such time of occurrence.it shall he deemed. a \,iolaflon of ani Law. fhe obhgatkms of Lessee. as W as the, AregAng h6ernmt�,. in connection Nvith this Section- too! sure ive the expiration or ember IcnThrimimi of this Lease. anything herein to the Contrary riotv,-itfistandmg. IN WITNESS �VIMRECW. We parties have exec teed this instrument the day and year 11irst abnO "Thren. (LESSOR) ENGLEWOOD MEDICAL ASSOCIATES OF THE PALM 13tACHES, INC. Signed. Scaled and Delivered in the Presence of: JOSEPH VJ. PROVENZANO, M.D. INN WITNESS WHEREOF,the parties have executed this instrument the day, and year first above written. (LESSEE) OAK NIT,LLC an Illinois Limited Liilit-y Company Signed, Sealed and Delivered V in the Presence of: RAVI PATE L, M a nAgaer .......... Witness. STATE OF l[A,lNO1S couTNTY OF The foregoing instrument was acknowledged before me this day ol"December,2019.. C� RAVI PATEL,as authorized agent for OAK NIT, LLC,who is personally known to me or have produced ...........-as identification and did take an oath, NOTARY PUBLIC jLjBAYER AHMED Official Seal tint lry Publi, -stote of llino,s �,,.tate o 'lllinois at t,ar(-,e My Corninission Expires Nov 8,2021 V MV Commission Expires: 15 EVUBIT "T' RUI-E'S AND REGUL-,,kTIONS Elie folic �ir,`r rule,:, and re.gulations are con,,,idercd to be aniaterial porion OfLIAC I-CaSC to ti\!IiCh ,he: are attached: 1 No sign. fixtures, advertisements cg notice shall be displayed- inscribed. pairned oi- Wed by any Lessee on any pan of the outside or it ofthe Building or on or about the Premises of any Lessee m-ithout "Atren cotwer" of the Lessor. and then only of such cdor. size. style and rnme6al as :`hall be t-irst specified by I-essor. No shov,c ase shall be placed in So m in Me Wbies or corridors of said Building wmd Lossw werves Me rlbt to ranove ad! shovcases so placed arid all signs othtr than those above pro\ided Aw. without, nodco and w We expense of the Lessee responsible for the same. The sidewalks,ent-rarwo passages,elevators and staircases shal I not be obstructcal,or used for any other purpose than ingress and egress. 3) nag Lessce identification on entrance doors v\iIII be by a standard sig ge speci lied b! Lossor and paid Qr by Lessee. No Ussee shall install or cause to be installed without Lessor's consent any shades or blinds (w drapes and their colon rnmerials, shape, style and size shall be designated bs Lemon No awning or screen Bat he installed by Lessee. All draperies hung or installed by Lessee shall in installed vith a back the windo�z side face of'which shall be a color approved by Lessoi- in order to provide a urd%ni mindcas exposure Porn the street side of the I3ufldingo. 4) No additions to nor ahwMhms of any part of le E3uilding shall be inade b� ani Lessee. without the \vritton approval of' the Lessor. and anisuch additions or altemions shall he pe6orrned by the Lessor at the cost of the Lessee,if so approved. Lessee MAI not pennit nor came to be permitted any walls or other surfaces h� nails. scre\ks, han,,,,,ers. drilled holes of otherwise. 5) Le.nee shall keep all glass. locks_ trim and other propene of the Lessor in Food workiry order and in good repair and if any of same are broken by the Les'see, sucj' breaks shall be repaired at the Lcssec's expense. 6) No additional locks shall he pined uponany door of`the leased prernises, Le-S'sor hall provide Lessee k�iih four(4)keys for the leased premises and Iour(4) keys for the general Building access. I-essor will not permit an , duplicate keys to be made for the acneral Wilding amen. Any additional keys required for the leased prcn.-Aises AN I be made by Wee at Lessee's expense, l,,pon the termination of the tenancti RULES AND REGULATIONS (Continued) herein provided,Lessee shall surrender all keys received by the Lessee to the Lessor. No electric lamps of a higher wattage than 200 shall be placed in any electric fixtures. 7) If a Lessee desires telegraphic or telephonic corinections.the Lessor will direct the electricians as to where the wires are to be introduced,and without such direction,no wiring or cutting for wires shall be permitted. 8) The Lessor retains the power to prescribe the weight and proper position of safes., and each Lessee shall be responsible for all damage to the walls.floors or other palls of the Building caused by or connected with any moving or caused by any safe, furniture,boxes or bulky articles while in the buildint,',,at Lessee's instance. Premises shall not be over loaded. No engine or other machinery shall be put upon the Premises of any Lessee without the written consent of the Lessor. 10) The doors,windows and transoms that reflect or admit light into passageways or into any place in said Building shall not be covered or obstructed by Lessee. The water closets and other apparatus shall not be used for any purpose other than for which they are constructed. and no sweepings, rubbish, rags or other substances shall be thrown therein. Any damage resulting to them from such use shall be borne by the Lessee who shall cause it. 11) Nothing shall be thrown by the Lessee.Its employees or guests out of the windows or doors or down passages of the Building, 12) Lessee and its employees and guests are not to i nj ure or deface the Building nor the woodwork,nor the walls of the Premises, nor to carry upon the Premises obnoxious. noisy or offensive business or a nuisance, nor conduct any auction therein. 13) No room or rooms shall be occupies or used as sleeping or lodging apartments upon the Demised Premises. 14) Water shall not be wasted by tying or wedging back faucets- or otherwise. 15) Lessees must not leave their windows and doors open when leaving premises at close of business or unoccupied at any time,and shall close windows and lock doors and for any default or carelessness in these respects,or any of them.shall make good all injury sustained by other lessees and by the Lessor, or by, either of them. for damages resulting from such detault or carelessness. 16) No bicycle or other vehicle and no animal shall be allowed in any part of the Building without the consent of the Lessor. 17) Lessor shall have the right,upon reasonable notice to Lessee,except in an emergency which precludes such notice,with pass key or otherwise to enter any leased Promises at any time or times to examine the same or to make such repairs or alterations as it 17 ITIVESAND WGULATIO-NS (Continued) shall, deem necessary ofthe safety, preservation or in-rprovement ofthe Building or leased Premises or ibi,the purpose of cIcall i jj4'. �vatcjjhjg or inspecting same. and duu ring three (3) nnnhs prevhus to to expiration of any- tenallc� -1-nay exhibit the I`eased Prcn-6ses to he 1�et, 18) No Lenshall accurrallaw or mom in be Premises covered by WE Lease any vniste paper. discarded records, books, paper File& sweephys. rags rubbKh or other cornbus6ble material. unless same shall he stored in steel cabinets and be ivell protected from an,\ extcrnat combustion. 19) The QsYH resetweh the tight to exclude 1-win the Ruildintg all persons the Lesser doems to be undesiralle, to Inc.,, end that the Lessor and all Lessees and thch guems and bush ss Wines inn be protected huni Stich persons. 10) Lessor reserves We rWhi to change these rules and to make. Such other and furthcr reasonable rules and eitheral�, one 0� all Lessees, a�, in j LJCI,"!,21!11 C11)I flldfronr; tin-le to til-ne"DO 1`61- the salsewe and deardbey of the PI-cl-rises, I'o'the prcscr�ations of good Wer therein,or for miv other cause. and when so changed, such rnodified crr new rules shall be deemed a part hereof'Wh be -arrit, , eflect as if'written herein when a copy shall have been delivered to the Lessee or left with some person in charge ofthe leased Premises. Lessor's initials Scope of Work Estimate Contractor Renovation Quote: 1. New Flooring in Entire Space 2. New Lighting Fixtures with LED Upgrade 3. New Countertops at front desk 4. Painting 5. New Cabinets/Sink in Staff Kitchen 6. Removal of existing interior wall $46,746.14 New Signage- Exterior and Interior $2,579.03 Total $49,325.17 Estimate Amount $49,325.17 20%Contingency $9,865.03 Total $59,190.20 50% Reimbursement Max $25,000.00 ....... Forte Construction MRTE CONS RUCTION 577 25th Ave Boynton Beach,F1.33435 Client: Forgione,Mark Home: (561) 846-2748 Property: 906B Federal Hwy Boynton Beach,FL 33435 Operator: ESTIMATE Estimator: Peter Forte Business: (561)601-6426 Business: 577 SW 25th Ave E-mail: pforte04ga yahoo.com Boynton Beach,FL 33435 Type of Estimate: <NONE> Date Entered: 3/25/2020 Date Assigned: Price List: FLDB8X_SEP19 Labor Efficiency: Restoration/Service/Remodel Estimate: FORGIONE CON ....... Forte Construction MRTE CONS RUCTION 577 25th Ave Boynton Beach,F1.33435 FORGIONE_CON Main Level Main Level DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 87. Dumpster load-Approx.40 yards, 1.00 EA 850.00 0.00 0.00 1,020.00 7-8 tons of debris 88. Post construction clean 12.00 HR 0.00 34.17 0.00 492.04 Total: Main Level 0.00 1,512.04 Kitchen Height: 10' iaT 471.67 SF Walls 145.83 SF Ceiling xtcchen - 617.50 SF Walls&Ceiling 145.83 SF Floor 16.20 SY Flooring 46.33 LF Floor Perimeter 6°i 7 s 48.83 LF Ceil.Perimeter Toilet Door 2' 6"X 6' 8" Opens into OPEN-ROOM DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 90. Remove Tile floor covering 145.83 SF 2.58 0.00 0.00 451.48 91. Vinyl plank flooring 145.83 SF 0.00 5.81 28.79 1,051.28 92. R&R Baseboard-5 1/4" 46.33 LF 0.52 4.58 6.52 291.36 93. Paint baseboard-two coats 46.33 LF 0.00 1.24 0.36 69.39 95. Toilet-Detach&reset 1.00 EA 0.00 219.72 0.39 264.13 97. R&R Cabinetry-lower(base) 11.00 LF 8.51 204.90 120.83 2,962.00 units 98. R&R Countertop-solid surface 27.50 SF 4.46 64.97 81.04 2,388.45 99. R&R Cabinetry-upper(wall) 11.00 LF 7.76 150.18 78.69 2,179.25 units 100. Sink-single-Detach&reset 1.00 EA 0.00 134.65 0.00 161.59 101. R&R P-trap assembly-ABS 1.00 EA 7.74 54.96 0.42 75.74 (plastic) 102. R&R Angle stop valve 2.00 EA 5.17 31.64 1.01 89.55 103. Sink faucet-Detach&reset 1.00 EA 0.00 108.38 0.00 130.06 Totals: Kitchen 318.05 10,114.28 FORGIONE CON 5/26/2021 Page:2 ....... Forte Construction MRTE CONS RUCTION 577 25th Ave Boynton Beach,F1.33435 1--7 8,. Toilet Height: 10' 6 253.33 SF Walls 45.00 SF Ceiling Toilet 298.33 SF Walls&Ceiling 45.00 SF Floor 5.00 SY Flooring 24.50 LF Floor Perimeter 1 27.00 LF Ceil.Perimeter Door 2' 611 X 6' 811 Opens into OPEN-ROOM DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 81. Remove Tile floor covering 45.00 SF 2.58 0.00 0.00 139.32 82. Vinyl plank flooring 45.00 SF 0.00 5.81 8.88 324.41 83. R&R Baseboard-5 1/4" 24.50 LF 0.52 4.58 3.45 154.08 84. Paint baseboard-two coats 24.50 LF 0.00 1.24 0.19 36.69 85. Paint the ceiling-two coats 45.00 SF 0.00 0.83 0.63 45.58 86. Toilet-Detach&reset 1.00 EA 0.00 219.72 0.39 264.13 Totals: Toilet 13.54 964.21 1-16-8.......................... Lobby Height: 10' 16-2" 490.00 SF Walls 148.19 SF Ceiling Lobby atli 638.19 SF Walls&Ceiling 148.19 SF Floor 1 11.5 A 12-6„1,1, 16.47 SY Flooring 48.17 LF Floor Perimeter 1,3., z� 50.67 LF Ceil.Perimeter Door 2' 611 X 6' 811 Opens into OPEN-ROOM DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 9. Remove Glue down carpet 148.19 SF 0.66 0.00 0.00 117.37 11. Vinyl plank flooring 148.19 SF 0.00 5.81 29.25 1,068.29 13. R&R Baseboard-5 1/4" 48.17 LF 0.52 4.58 6.78 302.95 26. Electrical Allowance 1.00 EA 0.00 900.00 0.00 1,080.00 27. Paint baseboard-two coats 48.17 LF 0.00 1.24 0.37 72.12 29. Patch and repair drywall for 1.00 EA 0.00 422.93 0.00 507.51 electrical relocation 31. Paint the ceiling-two coats 148.19 SF 0.00 0.83 2.07 150.09 Totals: Lobby 38.47 3,298.33 FORGIONE CON 5/26/2021 Page:3 ....... Forte Construction MRTE CONS RUCTION 577 25th Ave Boynton Beach,F1.33435 1-6-3.. Bathroom Height: 10' ir263.33 SF Walls 48.16 SF Ceiling Bad-oin - 311.49 SF Walls&Ceiling 48.16 SF Floor 1 5.35 SY Flooring 25.50 LF Floor Perimeter L28.00 LF Ceil.Perimeter F Door 2' 611 X 6' 811 Opens into OPEN-ROOM DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 78. Remove Tile floor covering 48.16 SF 2.58 0.00 0.00 149.11 72. Vinyl plank flooring 48.16 SF 0.00 5.81 9.51 347.18 73. R&R Baseboard-5 1/4" 25.50 LF 0.52 4.58 3.59 160.38 75. Paint baseboard-two coats 25.50 LF 0.00 1.24 0.20 38.18 77. Paint the ceiling-two coats 48.16 SF 0.00 0.83 0.67 48.78 80. Toilet-Detach&reset 1.00 EA 0.00 219.72 0.39 264.13 Totals: Bathroom 14.36 1,007.76 11-5"-------- 11,3" Check In Height: 10' 453.33 SF Walls 142.50 SF Ceiling CheckIn 595.83 SF Walls&Ceiling 142.50 SF Floor 15.83 SY Flooring 44.08 LF Floor Perimeter i 47.83 LF Ceil.Perimeter P 7" 1 Missing Wall-Goes to Floor Y 911 X 6' 811 Opens into OPEN ROOM DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 45. Remove Glue down carpet 142.50 SF 0.66 0.00 0.00 112.87 46. Vinyl plank flooring 142.50 SF 0.00 5.81 28.13 1,027.26 47. R&R Baseboard-5 1/4" 44.08 LF 0.52 4.58 6.20 277.21 49. Paint baseboard-two coats 44.08 LF 0.00 1.24 0.34 66.00 52. R&R Prefab counter top for new 16.00 LF 4.28 50.94 36.56 1,104.10 desk area 54. R&R Cabinets for desk area 6.00 LF 8.51 204.90 65.91 1,615.65 55. R&R Floating shelf 10.00 LF 4.28 50.94 22.85 690.07 56. R&R Countertop-solid surface for 10.00 SF 4.46 64.97 29.47 868.53 check in area Totals: Check In 189.46 5,761.69 FORGIONE CON 5/26/2021 Page:4 ....... Forte Construction MRTE CONS RUCTION 577 25th Ave Boynton Beach,F1.33435 Lobb}B uoitchen 2 3, 16t N ® T Open Room Height: 10' heck t 1111 o t 1 1,845.00 SF Walls 1,173.20 SF Ceiling I3,018.20 SF Walls&Ceiling 1,173.20 SF Floor oPe,�xoo,u rH"I-9'6' 130.36 SY Flooring 178.25 LF Floor Perimeter t 197.00 LF Ceil.Perimeter N 23'8" 1---24'2 1 Door 2' 6"X 6' 8" Opens into OFFICE Door 2' 6"X 6' 8" Opens into TOILET Door 2' 6"X 6' 8" Opens into KITCHEN Door 2' 6"X 6' 8" Opens into BATHROOM Door 2' 6"X 6' 8" Opens into LOBBY Missing Wall-Goes to Floor Y 9"X 6' 8" Opens into CHECK-IN 1--4'8" z 4" Subroom: Utility Closet(1) Height: 10' T 4'6"�2'6" T 180.00 SF Walls 19.83 SF Ceiling Utility ctoset(t) 199.83 SF Walls&Ceiling 19.83 SF Floor 4'4" 1 1 2.20 SY Flooring 17.17 LF Floor Perimeter 6" 1-4'8" 1 19.67 LF Ceil.Perimeter Door 2' 6"X 6' 8" Opens into OPEN-ROOM DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 32. Remove Glue down carpet 1,193.01 SF 0.66 0.00 0.00 944.87 33. Vinyl plank flooring 1,193.01 SF 0.00 5.81 235.50 8,600.27 34. R&R Baseboard-5 1/4" 195.42 LF 0.52 4.58 27.50 1,228.96 35. Electrical Allowance 1.00 EA 0.00 2,200.00 0.00 2,640.00 36. Paint baseboard-two coats 195.42 LF 0.00 1.24 1.51 292.59 38. Paint the ceiling-two coats 1,193.03 SF 0.00 0.83 16.70 1,208.29 39. Remove partition walls as per plan 16.00 HR 51.65 0.00 0.00 991.68 40. Patch walls and ceilings as needed 1.00 EA 0.00 422.93 0.00 507.51 41. Paint part of the walls-two coats 708.75 SF 0.00 0.83 9.92 717.82 42. Frame new kneewall for hand sink 1.00 EA 0.00 151.10 0.00 181.32 station 44. Supply and install new hand sink 1.00 EA 0.00 750.00 0.00 900.00 *connect to existing plumbing in wall location as per plan 64. R&R Cabinetry-lower(base) 5.50 LF 8.51 204.90 60.41 1,481.01 units 65. R&R Countertop-solid surface 12.00 SF 4.46 64.97 35.36 1,042.22 FORGIONE CON 5/26/2021 Page: 5 ....... Forte Construction MRTE CONS RUCTION 577 25th Ave Boynton Beach,F1.33435 CONTINUED-Open Room DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 66. R&R Sink-single 1.00 EA 19.37 254.88 10.99 342.30 68. R&R P-trap assembly-ABS 1.00 EA 7.74 54.96 0.42 75.74 (plastic) 69. Sink faucet-Detach&reset 1.00 EA 0.00 108.38 0.00 130.06 70. R&R Angle stop valve 2.00 EA 5.17 31.64 1.01 89.55 96. Relocate laundry room 1.00 EA 0.00 0.00 0.00 0.00 Relocate laundry room to kitchen around$2,500.00 Totals: Open Room 399.32 21,374.19 11'3 +-9-6" Office Height: 10' 461.67 SF Walls 142.08 SF Ceiling 603.75 SF Walls&Ceiling 142.08 SF Floor Office 15.79 SY Flooring 45.33 LF Floor Perimeter 1 47.83 LF Ceil.Perimeter 1-13'5" Door 2' 611 X 6' 811 Opens into OPEN-ROOM DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 57. Remove Glue down carpet 142.08 SF 0.66 0.00 0.00 112.53 58. Vinyl plank flooring 142.08 SF 0.00 5.81 28.05 1,024.25 59. R&R Baseboard-5 1/4" 45.33 LF 0.52 4.58 6.38 285.08 60. Electrical Allowance 1.00 EA 0.00 900.00 0.00 1,080.00 61. Paint baseboard-two coats 45.33 LF 0.00 1.24 0.35 67.88 63. Paint the ceiling-two coats 142.08 SF 0.00 0.83 1.99 143.90 Totals: Office 36.77 2,713.64 Total:Main Level 1,009.97 7,791.14 46,746.14 Line Item Totals:FORGIONE_CON 1,009.97 7,791.14 46,746.14 FORGIONE CON 5/26/2021 Page: 6 ....... Forte Construction MRTE CONS RUCTION s ° 8428 577 25th Ave Boynton Beach,F1.33435 Grand Total Areas: 4,418.33 SF Walls 1,864.81 SF Ceiling 6,283.14 SF Walls and Ceiling 1,864.78 SF Floor 207.20 SY Flooring 429.33 LF Floor Perimeter 0.00 SF Long Wall 0.00 SF Short Wall 466.83 LF Ceil.Perimeter 1,864.78 Floor Area 1,977.00 Total Area 4,510.00 Interior Wall Area 2,209.17 Exterior Wall Area 200.83 Exterior Perimeter of Walls 0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length 0.00 Total Ridge Length 0.00 Total Hip Length FORGIONE CON 5/26/2021 Page: 7 aq a♦ al N ------------ 0 N N i ..S.OI .9 4-I n juil ..I.SSI. n - 0 .£I� s.ZI ° .4.1 SZ W � w ' Tharama 1367 N.Military Trail e..y to grmrr Pr��r6�s�ewss. West Palm Beach,FL 33409 ESTIMATE (561)687-7993 EST-86089 www.signaramawpb.com Payment Terms: 50% Deposit Required Created Date:11/8/2021 DESCRIPTION:Boynton Signage Bill To: Apex Network Physical Therapy Installed: Apex Network Physical Therapy 500 Northpoint Parkway 906 S Federal Hwy West Palm Beach, FL 33407 Boynton Beach, FL 33536 us us Requested By: Mark Forgione Salesperson: Mike-Signarama W.P.B. Email: mforgione@apexnetworkpt.com Email: michael@signaramawpb.com Work Phone: (561)846-2748 Work Phone: 5616877993 Entered By: Mike-Signarama W.P.B. NO. Product Summary QTY UNIT PRICE AMOUNT; Aluminum 6mm ACM with digital print for MAIN Hanging 1 $503.33 $503.33 sign 16"x120"aluminum sign with digital print and holes at the top with heavy duty S hooks for hanging. 2 Aluminum Monument Panel 1 $283.55 $283.55 24x60 Aluminum sign with digital print and custom corners 3 Window Graphics 10 $32.083 $320.83 10 sets of window graphic bands(14x33) 4 Interior Sign/logo 1 $602.60 $602.60 24x45" Brushed Aluminum sign with 4 corner standoffs and raised 1/4"Acrylic letters in black applied to the face. 5 Labor 1 $700.00 $700.00 Labor and materials to install the interior sign,hanging sign,window graphics and replace the monument panel. Subtotal: $2,410.31 Orders under$300 require payment in full before art proofs are generated. Taxes: $168.72 Orders$300 &over require 50%deposit and balance upon completion. Grand Total: $2,579.03 Acceptance of this quote authorizes Signarama to charge balance to your credit card upon job completion. (Customers on credit terms can disregard this notice.) This estimate is valid for 30 days: Generated On: 11/8/2021 3:03 PM Page 1 of 1 11/22/21,4:46 PM PAPA Maps PCOROTHYJACKS CFA.AAS Wm In County Property Appraiser Vaduw d1f,"'A You v6se Search by Owner,Address or Parcel I i 0 0 0 View Property Record Owners 'ENGLEWOOD HOLDINGS INC Property Detail Location 906 S FEDERAL HWY A Murflcipallty BOYNTON BEACH Parcel No. 08434527060000460 Subdivision BOYNTON ISLES IN Book 09999 Page 1942 Sale Date SEP-1997 Mailing 1921 SW 36TH AVE Add es s DELRAY BEACH FL 33445 illi ,II 6650 Use l-ype 1900-MEDICAL OFFICE- BUILDING UP TO 4 STORIES ,al 5023 Square Feet lu Sales Information Sales Date Price SEP-1997 107500 JAN-1972 305200 0 0 41" Appraisals Tax Year 2021 Improvement Value $698,146 Land Value $318,343 otaMacke..`a�ue $1,016,489 All values are as of January 1 st each year Assessed/Taxable values Tax Year 2021 ze Assessed Value $1,016,489 Exemption Amo .w $o axabe Ve $1 016 489 Taxes Tax Year 2021 Ad Valorem $21,568 Non Ad Valorem $2,336 TOta._tax $23,904; https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434527060000460 APEXNETWORK. PHYSICAL THERAPY Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave Boynton Beach, FL 33435 Re: CRA Re-development Grant Extension Request 906 S Federal Hwy Suite B Boynton Beach, FL 33435 Please allow our current grant a 90 day extension of time to complete the Renovation of our Physical Therapy office at 906 S Federal Hwy, Suite B, Boynton Beach, FL 33435.The contractor we were in process with to submit the permits has not completed the task and withdrawn from the project. Hence, we must find a new contractor to complete the task. Due to current events of Covid-19, Labor shortages, supply chain issues, and cost inflations, it has been challenging to get contractors to provide estimates and complete bids. We are making a request to the CRA for a 90 day extension to allow us time to secure a new contractor to submit a new fair bid and complete the renovation. Thank you for your consideration, r .i+Y th Mark Forgione, DPT, CSCS, Advantage Physical Therapy LLC d/b/a ApexNetwork Physical Therapy 3639 W Woolbright RdBoynton Beach, FL 33436 - P: 561-404-0203 Nicklien, Bonnie From: Mark Forgione <mforgione@apexnetworkpt.com> Sent: Monday,July 11, 2022 3:19 PM To: Nicklien, Bonnie Subject: RE: Grant Extension Request Attachments: APEX Letter of Auth Sign A Rama[64232].doc;Apex Network Boynton Beach[64296].pdf,APEX PERMIT APP[64233].pdf Hi Bonnie Here is the update: Signage. We are unable to submit Signage permit until next week due to The permit documentation requiring landlord's signature. He has been out of the country for the last 30 days returning this week. Unfortunately, out of our control. I have updated all the paperwork that is ready to submit awaiting the landlord to sign. I am told this is a permit requirement. Contractor. We have not heard back from contractor since last week, he left on a vacation without sending us the paperwork for permit. I don't know if he abandoned the project or not at this point.These things are out of our control. I am going to call again today and find out if he plans to finish or revisit the other contractors. This is stressful for us as well as we are looking to get this project completed. I would like to make another request for CRA extension if possible. I am waiting on others to submit the required papers at this point and I cant control their failures. Please let us know our next steps. Mark Forgione, DPT, CSCS ApexNetwork Physical Therapy 3639 W Woolbright Rd Boynton Beach, FL 33436 (561)404 0203 https://apexnetworkpt.com/boyntonbeachflcentral/ From: Nicklien, Bonnie Sent: Monday,July 11, 2022 9:17 AM To: Mark Forgione Subject: RE: Grant Extension Request CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless: 1)You recognize the sender,2)The sender's name and address match,and 3) Know the content is safe. Please;report all phishing/sca'm emai'ls; Hi Mark, 1 Hope you had a great weekend. Please let meknow bythe end ofthe day the status ofyour permit application. Thank you, Bonnie BonnieNicNien Grants and Project Manager, Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. | Boynton Beach, Florida 33435 ��1-�UO-�U�U | �� 561-737-3258 ' m�w NicNienB��bbf|�ua | �� http://vvvvvv.bnyntonbeachcra.com _ IA America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to n-ie via en-lail n-,Iay be subject to disclosure.Under, Florida records |ovv, email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. From: Nick|ien, Bonnie<> Sent:Tuesday, May 24, 2022 2:50 PM To: Mark Forgione<mforgione@apexnetvvorkpt.com> Subject: RE: Grant Extension Request Great,thank you for the update! From: Mark Forgione > Sent:Tuesday, May 24, 20221:27PM To: Nick|ien, Bonnie Subject: RE: Grant Extension Request Hi Bonnie 2 I followed up with the new contractor, he is working on finalizing the proposal, I will submit once we approve for CRA approval. We are also eager to finish. The sign project approved by us. Will follow up on their permit submission to City. Hopefully soon. Thank you, Mark Forgione, DPT, CSCS ApexNetwork Physical Therapy 3639 W Woolbright Rd Boynton Beach, FL 33436 (561)404 0203 https://apexnetworkpt.com/boyntonbeachflcentral/ From: Nicklien, Bonnie<NicklienB@bbfl.us> Sent:Tuesday, May 17, 2022 11:20:07 AM To: Mark Forgione<mforgione@apexnetworkpt.com> Subject: RE: Grant Extension Request CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless: 1)You recognize the sender,2)The sender's name and address match,and 3) Know the content is safe. Please;report all phishing/sca'm emai'ls; Good Morning Mark, Just touching base on my email below— Thank you for the update, Bonnie Bonnie Ni klien Grans and Project Manager Boynton Beach Con-m-wnity I ede °elr pmient agency 100 E. Ocean Ave. Boynton Beach, Florida 33435 561-600-9090 @ 561-737-3258 Nicl<lienB@bbfl.us http://www.boyntonbeachcra.com 3 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to n-ie via en-lail n-,Iay be subject to disclosure.Under, Florida records law, en-iail addresses are public records.Therefore, your,e-n-iail con-in-wnication and your,e-moi| address moybesubject topublic disclosure. From: NickUen, Bonnie<> Sent: Friday, May 06, 2022 4:37 PM To: 'Mark Forgione' Subject: RE: Grant Extension Request Hi Mark, Happy Friday! Just wanted to touch base and see how things are moving along with anew contractor. Please let meknow ifyou have any project updates. Thank you, Bonnie From: NickUen, Bonnie<> Sent:Wednesday, April 13, 20228:49AM To: Mark Forgione Subject: RE: Grant Extension Request Good Morning Mark, The CRA Board approved your request for an extension at last night's Board meeting.You now have until July 11, 2022 toprovide proof ofpermit application. Please keep meposted onyour progress and reach out with any questions. Best Regards, Bonnie 4 From: Mark Forgione<mforgione@apexnetworkpt.com> Sent:Tuesday, April 12, 2022 1:11 PM To: Nicklien, Bonnie<NicklienB@bbfl.us> Subject: RE: Grant Extension Request Thank you Bonnie. I will register and attend virtually. Mark Forgione, DPT, CSCS ApexNetwork Physical Therapy 3639 W Woolbright Rd Boynton Beach, FL 33436 (561)404 0203 https://apexnetworkpt.com/boyntonbeachflcentral/ From: Nicklien, Bonnie Sent: Monday,April 11, 2022 8:40 AM To: Mark Forgione Subject: RE: Grant Extension Request CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless: 1)You recognize the sender,2)The sender's name and address match,and 3) Know the content is safe. Please;report all phishing/scam emails. Good Morning Mark, Your CRA grant application extension request has been approved by CRA staff and will be going before the CRA Board for final approval at their April 12, 2022 CRA Board meeting.The meeting begins at 5:30 PM. We ask that at least one person from your organization attend the meeting to answer any questions the Board may have.You may participate in this meeting in one of two ways: 1. In-person in Commission Chambers located on the south side of City Hall at 100 E. Ocean Avenue, Boynton Beach; OR 2. Virtually through the online meeting platform. In order to register for the meeting, please use the following link: https:llattendee.gotowebinar.com/register/l 700344575991739659 After registering, you will receive a confirmation email containing information about joining the webinar. Grant approvals occur near the beginning of the meeting under"Consent Agenda." If the Board chooses to speak to a specific business they will address you by business name. If attending in-person, please go to the public speaking podium to address the Board. If attending virtually, be prepared to unmute your device to speak. 5 Once you receive approval,feel free to leave the meeting (whether you attend virtually or in-person). I will follow up with you the following day to discuss your next steps. If you have any questions in the meantime, please feel free to reach out to me via email or phone. Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager, Boynton Pearl... Con-m-wnity Redevelopn-,ient Agency 100 E. Ocean Ave. Boynton Beach, Florida 33435 561-600-9090 $D 561-737-3258 Nicl<lienB@bbfl.us http://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please e advised that Florida has a goad public records law and all correspondence to nie via enIail n-,Iay e subject o disclosure.Under, Florida records law, en-,,ail addresses aro public records.Therefore, your,o-n-,,ail on-m-wni a ion ars your,e-niail address n-,iay e subject o public disclosure. From: Mark Forgione<mforgione@apexnetworkpt.com> Sent:Thursday, March 31, 2022 11:50 AM To: Nicklien, Bonnie<NicklienB@bbfl.us> Subject: RE: Grant Extension Request Ok, I may have to do so virtually. Can you provide instructions how to do so? Thank you Mark Forgione, DPT, CSCS ApexNetwork Physical Therapy 3639 W Woolbright Rd Boynton Beach, FL 33436 (561)404 0203 6 From: Nicklien, Bonnie Sent:Thursday, March 31, 202210:13AM /o: Subject: RE: Grant Extension Request CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless: 1)You recognize the sender,2)The sender's name and address match,and 3) Know the content is safe. Please report all phishing/scam emails. Thanks for sending Mark! | will work onyour agenda item and get it toExecutive staff for review next week. |will let you know if they have any questions. In the meantime, please plan on attending the April 12 1h Board meeting at 5:30 pm either virtually or in-person. | will provide more information closer to date. Thank you, Bonnie BonnieNicNien Grants and Project Manager, Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. | Boynton Beach, Florida 33435 ��1-�UO-�U�U | �� 561-737-3258 =~ ' m�w NicNienB��bbf|�ua | �� http://vvvvvv.bnyntonbeachcra.com _ a 91 IN— Amnerica'sGateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to mie via en-,Iail mlay be subject to disclosure.Under, Florida records |ovv, email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. 7 From: Mark Forgione<mforgione@apexnetworkpt.com> Sent:Thursday, March 31, 2022 9:28 AM To: Nicklien, Bonnie<NicklienB@bbfl.us> Subject: Grant Extension Request Hi Bonnie See attached extension request. Let me know if this is sufficient. Thank you for your help in this matter. Mark Forgione, DPT, CSCS ApexNetwork Physical Therapy 3639 W Woolbright Rd Boynton Beach, FL 33436 (561)404 0203 https:JJapexnetworl<pt.comJboyntonbeachflcentraI This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify ApexNetwork Physical Therapy' immediately and delete this material. This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify ApexNetwork Physical Therapy' immediately and delete this material. This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify ApexNetwork Physical Therapy' immediately and delete this material. This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify ApexNetwork Physical Therapy' immediately and delete this material. This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have 8 received this communication in error, please notify ApexNetwork Physical Therapy' immediately and delete this material. 9 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 CONSENT AGENDA AGENDAITEM: 10.L. SUBJECT: Approval of a Waiver for the Commercial Property Improvement Grant Program to JWS Investments Restaurant d/b/a Tropical Island Restaurant located at 126 W. Boynton Beach Boulevard SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial costs associated with the construction, repair, and/or rehabilitation of commercial building improvements. The Commercial Property Improvement Grant Program provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. On July 12, 2022, the CRA Board approved a Commercial Property Improvement Grant in the amount $50,000 to JWS Investments Restaurant LLC d/b/a Tropical Island Restaurant located at 126 W. Boynton Beach Boulevard, Boynton Beach, FL 33435 (see Attachments I - 11). Tropical Island Restaurant is committed to providing their personal rendition of the best Caribbean Island cuisine with an innovative take on traditional cooking methods. It is their personal challenge to help bring a taste of Island cuisine and let its distinctive flavors and spice to South Florida. With the blend of African, French, and Spanish flavors, Tropical Island Restaurant offers mouthwatering authentic dishes that will have you feeling like you're in the islands. CRA staff is requesting a waiver to the grant program requirement that project items must be completed within 180 days of permit approval. The building permit was approved on April 10, 2021 which means the project would need to be completed by October 7, 2021 (see Attachment 111). Due to the large construction project, supply chain issues, and other construction related delays, staff is requesting a waiver to this requirement and allowing the applicant 180 days from August 9, 2022 to complete the project and submit the required documentation for reimbursement. If approved, the applicant is eligible to receive a maximum grant of $50,000 under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to C RA staff for approval. FISCAL IMPACT: FY2021-2022 Budget Project Fund, Line Item 02-58400-444, $50,000. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of a waiver for the Commercial Property Improvement Grant to JWS Investments Restaurant LLC d/b/a Tropical Island Restaurant located at 126 W. Boynton Beach Boulevard, Boynton Beach, FL 33435 to allow 180 days from August 9, 2022 to complete the project and submit for reimbursement. ATTACHMENTS: Description D Attachment I -Commercial Property Improvement Grant Application D Attachment II - Location Map D Attachment III - Permit Info BOYNTO � B EAC RA COMMUNrff REDEVELOPMENT October 1, 2021 — September 30, 2022 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERICAL PROPERTY IMPROVEMENT GRANTPROGRAM Program Rules and Regulations The Commercial Property Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the repair and rehabilitation of buildings or other improvements in accordance with the BBCRA Community Redevelopment Plan. Improvements paid for by the BBCRA must be permanent and stay with the building. The BBCRA reserves the right to approve or deny any Commercial Property Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach.The term"existing business"means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The term "project" means the eligible exterior or interior improvement project for which the applicant seeks reimbursement. Initials AA Page 1 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Property Improvement Grant Program offers financial assistance to the landlord or business owner in the form of a reimbursable, matching grant for 50% of eligible expenses, up to $50,000, associated with the construction or renovation of the exterior and interior elements of the commercial operating space. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynton-beach.org/go- green/pace_prog ram.php or by contacting the City of Boynton Beach at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com or view the attached brochure. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). InitialsOrAn Page 2 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Improvements to non-profit and residentially zoned properties are NOT eligible expenses. • Applicant must have an executed multi-year lease with at least two years remaining on the lease at the time of BBCRA Board approval • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than $250,000 (based on the project's construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a grant application. • Grant funding amounts will be based on the applicant's project budget, specified at the time of the BBCRA Board approval, plus an added 20% contingency funding amount. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Property Improvement Grant Program may only be used one time in any five year period for any one property. Entities hoping to improve properties that were previously improved using a BBCRA improvement grant may apply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding liens, violations or monies owed for utilities, the BBCRA will perform a lien search on the property at a cost of $140.00, which will be deducted from any grant funding awarded to the recipient. Initials Page 3of17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • In order to receive the full amount of any awarded grant, the property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach, and submit for reimbursement within 180 days of the issuance date of the permit for the project. (As further described below, applicants may request reimbursement for up to 50% of their grant award prior to completion of the project.) If BBCRA Board approves grant funding and the work being performed does not require a permit, the Certificate of Completion (or equivalent) and application for reimbursement must be within 180 days of the grant award. Failure to complete the improvements within the specified time frame will result in termination of the grant award, at which point the BBCRA will no longer make payments for any reimbursement requests, regardless of whether the request was submitted prior to the termination of the grant. Only one 60 day administrative extension will be permitted, and the BBCRA has the sole and absolute discretion to grant or deny such extension. • Project items completed and paid for by the applicant more than 60 days prior to grant approval by the BBCRA Board are not eligible for reimbursement under the grant program. A complete application must be received within 60 days of payment in order for an expense to be eligible for reimbursement. Once a complete application is received, the application will be placed on the next available agenda for review and potential approval. • BBCRA Board approval of this grant results only in funding. Approval of BBCRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification.Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Initial - Page 4 of 17 Property Improvement 100 East Ocean Avenue,4' Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com Projects and items eligible for funding under this grant program are limited to: • Structural walls • Plumbing • Flooring • Grease trap installation • HVAC system • ADA Improvements • Electrical systems, • Hood &fire • Signage including exterior and suppression . Doors/windows interior lighting • Landscaping and • Parking lot re-paving, • Patio decks irrigation within the re-sealing, and/or connected to the project site restriping building • Painting • Fencing (excluding • Demolition of structure • Roofing (Not to chain link, barbed wire, and re-sodding of exceed 50% of and wood panels) vacant property total grant award) • Electric vehicle charging • Solar electricity and • Security stations — See attached water heating — See cameras/system" ReNew PACE Eligible attached ReNew PACE (not including Product List Eligible Product List security personnel) ** Notwithstanding the limitation that grants may only be used once every five years for any one property, previous grant recipients that received less than the maximum amount of grant funding from Commercial Property Improvement Grants or Economic Development Grants are eligible to reapply to receive 50% matching reimbursable funding in an amount not to exceed $3,000 for the installation of new security cameras/systems. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Property Improvement Grant Program: • Massage/Personal Services • Medical Research Centers/Housing • Firearm Sales/Shooting Ranges • Massage/Personal Services • Religion-Affiliated Retail Stores • Churches/places of worships • Non-profit Organizations • Alcohol and/or Drug Rehabilitation • Adult Gambling Arcades Centers/Housing • Check Cashing Stores • Any other use that the BBCRA staff • Adult Entertainment or BBCRA Board determine will not • Vapor/E-Cigarette Stores support the redevelopment of the BBCRA Area Initials Page 5 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com • CBD Retail Stores Grant Terms and Conditions This grant is divided into three tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. All reimbursement checks from the BBCRA to the successful applicant will be made out to the applicant (the business entity). Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval, plus an added 20% for contingency funding. Tier One Business Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $50,000 in grant funding. Tier One Businesses must be one of the following types of business: • Restaurant • Hotels/Motels/Bed and Breakfast • Gourmet Food Market (the Board will grant no more than • Bakery four approvals in this category per fiscal year) Tier Two Business Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $25,000 in grant funding. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home Decor/Design — home • Boutiques— clothing, shoes & furnishings, art galleries, kitchen accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than two • Real Estate Offices approvals per fiscal year) Initials Page 6 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com • Marketing Offices • Medical Offices • Fitness Facilities —yoga, dance • Insurance Offices exercise, martial arts, etc. • Take Out Restaurants • Auto Services Facilities — repair, . Tattoo Parlor/Body Piercing/Body storage, sales, etc Art Shop (no more than two • Specialty Retail Businesses — approvals per fiscal year) stationary, gifts, sporting goods . Florists (no more than two • Other commercial fagade only approvals per fiscal year) improvements Tier Three Business (no more than two approvals per fiscal year) Tier Three Businesses are subject to BBCRA Board for review and approval. Tier Three Businesses eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $15,000 in grant funding. Tier Three Businesses must be one of the following types of businesses: • Kava Tea Bar • Pawn Shops • Convenience Stores: (Fagade • Liquor Store and Security Improvement • Laundry/Dry Cleaner facility only) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease at the time of Board approval. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; Initials Page 7 of 17 Property Improvement 100 East Ocean Avenue,4t"Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com • Ability to terminate; and • Consequences of default on the lease. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, Boynton Beach, FL 33435 or downloaded from www.boytonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-serve basis. Application packets must include the following documentation: 1. A non-refundable fee of$100,which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Provide 2-3 sentence mission statement for the applying business entity. If the applicant is a commercial property owner, provide a brief history of the property and the current tenants of the space. This will be used as a way to introduce your business to the BBCRA Board. 3. Written detailed project budget describing the improvements to be done to the property. 4. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. It must list all project costs for which the applicant is requesting reimbursement. The project budget must provide a total cost of the project. 5. Signage design, project color chips, material samples and material specifications, if applicable. 6. Copy of building permit receiptlapplication. If the permit has not been applied for prior to submission of the grant application, a copy of the building permit receipt is due within 90 days of grant approval, or the grant award may be terminated. 7. Resume for each principal/owner of the business. 8. Copy of the corporate documents for the applying business entity. Initial' Page 8 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 9. Copy of executed multi-year commercial lease agreement. 10.Copy of Warranty Deed. 11.Two years of corporate tax returns (for existing businesses only). 12.Two years of personal tax returns for the principal/owners of a new business. 13.Copy of design and construction plans associated with the proposed improvements. 14.List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 15.A minimum of four color digital "before" photos of the exterior and interior portions of the project. 16.Completed and signed application (attached). 17.Authorization to perform credit check for the business and each principal/owner of the business (attached). 18.W9 Form and Vendor Application (attached). 19.City Planning and Development Department Acknowledgement Form (attached). 20.City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 18 and 19) must be completed and submitted to the appropriate departments, which are located at City Hall 100 East Ocean Avenue, Building Department, Boynton Beach, FL 33435. Phone (561) 742-6000. Approval of Funding Request All required documentation must be submitted no later than noon two weeks_prior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the project is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month at the Commission Chambers located in City Hall at 100 East Ocean Avenue, Boynton Beach, FL 33435. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Initial Page 9 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement This program is designed as a matching 50% reimbursable grant. All work for which reimbursement is sought must be completed and paid for by the applicant prior to the release of BBCRA funds. The applicant may request reimbursement for partial payments throughout the project for up to 50% of grant award. The remaining 50% of grant funding will be held until the project is completed according to the City of Boynton Beach Building Department, and if applicable, a certificate of occupancy has been issued, at which point the applicant may submit a final reimbursement request. The BBCRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the BBCRA (3) days prior to the grant expiration date. The BBCRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the reimbursement request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full." Proposals for "work to be completed" or "bids" are not considered proper documentation. a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. Initials Page 10 of 17 Property Improvement 100 East Ocean Avenue,0 Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com 2. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). 3. For partial reimbursement requests, a Partial Release of Lien from licensed contractors must be submitted. 4. For the final reimbursement request, the following must also be submitted: a. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 5. A minimum of 4 color"after" photos of the project. 6. A copy of the Certificate of Occupancy/Completion. 7. All in project costs to open or renovate the business for reporting of public to private dollar match By submitting the final reimbursement request, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement that have been used as part of a reimbursement request for any other grant program offered by the BBCRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Property Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's"Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible have been paid is sufficient assurance for the BBCRA to award grant funding Initia Page 11 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com 1 BOYNTO BEAC RA mom APPLICANT INFORMATION BUSINESS INFORMATION: Business.Name (d/b/a if applicable) , p r I ) P t `' u.✓ x y v Current Business Address: F Fed I D#: Business Phone Number: µ Cell: Website: Existing Business: Yes ° No Number of years in existence Time at Current Location: New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes "o_ If so, monthly base rent: New Business Address (if applicable): Square footage of current location: Square footage of new location: :'J z Type of Business: a "" Tier 1 Business: „ti'M._. Tier 2 Business: ❑ Tier 3 Business: ❑ (Tier Classification subject to BBCRA Board Approval) Number of Employees: ! Hours of Operation: List of improvements seeking reimbursement for: Requested grant amount: t V Page 12 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com k� BOYNT0 , BEACWC UMNAM " RA COWAUNffY REDEVELOFIMEW1AGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Date of Birth: ` �' Email: --7P/ r s Residential Address: Cell Phone Number: / 2. Principal/Owner Name: l Date of Birth: Email. ) Residential Addr ss: C Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistance under any other program offered by the BBCRA? Yes No If yes, wh additional programs ar you applying for: Page 13 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com r S� BOYNTO " CRA sss `' B EAC COMIAUNITY REDEVELOPMENT AGENC APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes_ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: F .. Landlord' ailm 5dress: d 1,M ,' 1-1V Landlord's Phone Number: CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I Initials Page 14 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com BOYNTON , B EACH RA COMMUNHY REDEVELOPMENT AGENCY APPLICANT INFORMATION understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in this application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the BBCRA to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the BBCRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Initial Page 15 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com } y�y tr BOYNTO "BEACH 'Cif, _ ..A APPLICANT INFORMATION APPLICANT SIGNATURES: Prilici al/O is Si90, re� Date Printed Name 3., Title 2. Principal/Owners Signature Date tt f y 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 ..w. °".� COUNTY OF 4t. G I" I r, ....._ BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, who is/are p personally appeared rt ,.,: ..... . Y known to personally me or produced as identification,-and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official sealin the State and County aforesaid on this day of 20 '� arm.. - � BONNIE NICKLIEN =u.. Y PUBLIC ^Notary Public-State of Flor _.. _ = Commission # HH 87118 p mission Expires: ; ° My commissions Expire oFF�loll% May 25, age 16 of 17 Property Improvement 100 East Ocean Avenue,41h Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com Lk § F BOYNTON '! T- F!1111115�413 ammBEACHICR CONUMUNP REDEVELOPMENT AGENCY LANDLORD INFORMATION LANDLORD SIGNATURES: Landlord's Signature Date,' i , t Printed Name Title 2. f Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures- Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized b law to administer oaths and take acknowledgements, personally appeared -) � , who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20 2..m._. NOTAR.Y w R °?UB� IC._ � { M Commission Ex2ires. � YPu, BONNIE NICKLIEN 3� ��;Notary Public-State of Florida Commission # HH 87189 %Ymy Commission Expires FOii�� � May 25,2025 Page 17 of 17 Property Improvement 100 East Ocean Avenue,41h Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com ^°FS'rt+"` 1191r� _ i1 r� �- ���"Yi{•�• kv � h � 4irl'�, a C i � l qtr gr SS i @ 11 A p�G9s�iae�csN i t I � r r ;;yyi }} 3r �i•tyl� 4 - ii I {p{ �b 9 �rf - Q Iz�r I ( It d � C Is,t rl 1B Si�S4;r�rt t I ' t t tt % i r r r l r i� ha t _ r�i jl, o r}�„Jt`l1�ia\V�t (�_pis'4�t�i W�vt�< ,ia:tr 1s 7sr}f r�fi i fir a}Al\rorUl!ibs rnt:j„r�i�'�° O LO 117O [fit 0 0 r LO r l 00 t 101 cr o � _ N h >_ CL H m N Q m w w a o w t N u o m O o 0 o o o > O O O U F LL u m 0 0 0 (n N Z u o '^ w n N jQ ,1 7 >` z i z ¢ i `o X w ■ C ,i ,,, r z m z O Q w { U 0 O vNi O °i >y > C Q d - itl z oo oN N Y o Q x `m r�q.� 5 v Q ro v a m O m m m ^ O M (6 0 N Z vt m ro V) Q LO N� bQ U LO � g � 0 S? � V Ln Q A ' O wr rn to ,1 Q Q 00 n Ve n > y r 0 0 0 0 0 Z tT N N N N N b U ; N z co co ID 0 0 0 0 C 0 C, C CA z z o I z l l u u CJ u L > o j u u " 6 6 Z ? 7, 7 u U u u lu �Hj QH Hu < < < < < < < z z z z z z z z z z z iJ 0 U u a 0 0 u z o i7 a (D .-J Li LJ W L., LJ LJ LJ .,.I IJ LJ IJ LJ Ll LY, I w I M � LJU , 9� LJ IJ LJ IJa a a 0 a a a a 0 � a a a a a LL I I I a , LL , 'L'-1 Z Z Z ZIU T, V, C.Y z 6 , 0 7 < u -x C� CL a L? a C, iT N 0 0 ID C, 0 C, 0 0 0 j 0 0 0 0 0 0 0 0 C, 0 C, 11 1", CD C, --i 0 3 M Z 2f. 11 1 LJ u N Li V) "Y' u a a w Lj LIQ LJ Li J 0 0 0 0 0 0 0 0 0 0 0CJ u ID 17.) '8 0 0 Cl 0 0 0 J 00 CD u 3 0 CD 0 ID 0 0 0 0 0 0 0 0 0 0 ID 0 0 0 'D C, 0 0 -D 0 0 C, -D 0 0 0 0 c i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 OLD BUSINESS AGENDAITEM: 12.A. SUBJECT: Consideration and Discussion of Fiscal Year 2022-2023 Project Fund Budget SUMMARY: The Boynton Beach CRA is a quasi-governmental, Special District operating under Title XI, Chapter 163, Part I I I of the Florida Statutes. The agency's annual financial operations run on a fiscal calendar beginning on October 1st and ending on September 30th of each year. The C RA does not obtain its revenue from charging an additional tax. The CRA receives its annual funding based on a percentage share of the existing ad-valorem property taxes paid to the City of Boynton Beach and Palm Beach County. The CRA's annual budget is comprised of three accounting funds: 1. The General Fund which contains the administrative, general operation, insurances, property maintenance and CRA/CRAB and marina related items; 2. The Debt Service Fund which contains the CRA's financial debt obligations and encumbrances such as bond repayments and developer's tax increment funding agreements; and, 3. The Project Fund which contains all of the capital projects, development projects or initiatives, property acquisitions, local business grant programs or promotional events, as well as eligible innovative policing activities such as the Neighborhood Officer Program. At its first CRA budget meeting on July 12, 2022, the Board's FY 2022-2023 Project Fund budget allocation discussion will assist in identifying the priority projects for the upcoming fiscal year as well as deciding what funding amounts to provide to each proposed Project (see Attachment 1). The Project Fund and overall budget breakdown will identify bond debt obligations, existing tax increment revenue funding agreements obligations and available funding for priority projects, programs or funding requests such as but not limited to the Neighborhood Officer Police Program, District Improvement Projects, Business Development and Promotional Events and Marketing. The CRA's FY 2022-2023 Budget discussion will occur again at the Community Redevelopment Advisory Board (CRAB) meetings being held on August 4th and September 1 st if suggested by the CRA Board as well as the CRA Board's August 9th and September 13th meetings. Final approval and adoption of the CRA's annual budget for Fiscal Year 2022-2023 by the Boynton Beach City Commission is anticipated to occur at their September 20, 2022 meeting. FISCAL IMPACT: To be determined based on Board discussion and action. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: At their August 4th meeting, the CRA Advisory Board recommended approval of the proposed budget. CRA BOARD OPTIONS: To be determined by CRA Board based on discussion and direction. ATTACHMENTS: Description D Attachment I - Fiscal Year 2022-2023 Draft Project Fund Budget Worksheets N O Cr) Cl) I- O N N CM V O) V O O 00 C O 0) NO CO O M le E c) N N N O) M E D d Cl) Cl) N N EA 64 64 64 64 64 v!) 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O N i E rn N y E a` c 3 E w o t0 O lL c s Z N a > m Z rn c m o > N 0. « 0 0 S 7 N Q .M a o d LL O m 0 0 M V a d 3 N () N a) •- x N O- c c rn w 0 > w t0 O Q x d WLCL J N 2 •O C O T C d N V O O O U d 'y y t U W U $ y C tll a m = 0 0' Ln 7u c N d d m a U N M •O Q t0 C ' > N > 0) Z Q C N E N t0 c c m N L o c 0) Z. `� r M 1 �- 0 a) Q c u c = O O d m e � u a w 0 E d E o Z J ° Lu rn N > m 2 y T m o o m c a) v md> O> N 0) � c N o a c 0 w m cO o E a a a) N N qf E� m� 'od ° O 0 M o N E Z V 0 V E C O 0 N r N w C O O :O p .+ a) E w y Q �+ T yLU w > O 'o 0 a) O E •� o a) w w 2 C 0 -E a T o y c J > > 0 c p y c o w O M m m a a m y Q m m 0 m 0 a) 0 T -E o () () N N Y O E a) O O. mm E t E E c c y o c O d 0a rn ' EE .N � wc `oco M 0 0 > 7 7 > 0 O a 2 2 L U ca Q w m ~ Q x a z 2 U U m m to a G U W U V m m M o 0 0 0 0 IF r_ j, j, j, j, j, cc 00 L 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) m m m m 0 m m m � v -- -- -- -- -- -- -- -- -- -- a °o °�° s Q o 0 0 0 0 0 0 ai Q' t > > as r r r r r L U x x x x x m m :L+ 0 0 0 0 0 0 0 0 0 0 0 BOYNTON BEACH CRA FY 2022-2023 BUSINESS PROMOTIONS& EVENTS BUDGET-02-58500-480 2022/2023 EVENTS DATE ' BUDGET ADDITIONAL COMMENTS ROCK THE MARINA&FISHING The date for this event is subject to change if the EXTRAVAGANZA Saturday,October 22,2022 $40,000 2022 Pirate Fest event is budgeted. 735 Casa Loma Boulevard Event Marketing; $8,000 Total Rock the Marina&Lionfish Derby $48,000 ROCKIM AROUND THE BLOCK-HOLIDAY MARKET&LIGHTING Saturday,December 3,2022 $50,000 E.Ocean Avenue between Federal Event Marketing $8,000 Highway and NE 3rd Street Total Light Up the Park&Winter Market, $58,000 HOLIDAY BOAT PARADE Friday,December 9,2022 $14,000 735 Casa Loma Boulevard Event Marketing', $4,000 Total Holiday Boat Paradel $18,000 ROCK THE PLAZA Ocean Plaza Saturday,January 28,2023 $12,000 One Boynton Day of week could change depending on input from Thursday,February 23,2023 $12,000 plaza and businesses. Heart of Boynton Village Saturday,April 29,2023 $12,000 Event Marketing; $12,000 Total Rock the Plazal $48,000 BLARNEY BASH or ROCK THE BLOCK This event will be marketed as either Blarney Bash Saturday,March 11,2023 $40,000 or Rock the Block. E.Ocean Avenue between Federal Event Marketing', $8,000 Highway and NE 3rd Street Total Blarney Bash $48,000 BOYNTON BEACH ART WALK Saturday,May 20,2023 $15,000 410 W.Industrial Avenue $4,000 Total Boynton Beach Art Walkl $19,000 BOYNTON BEACH NIGHT MARKET Saturday,July 29,2023 $40,000 120 E.Ocean Avenue Event Marketing', $8,000 Total Boynton Beach Night Marketl $48,000 BOYNTON BEACH ART WALK Saturday,September 16,2023 $15,000 410 W.Industrial Avenue $4,000 Total Boynton Beach Art Walkl $19,000 PIRATE FEST MARKETING&BUSINESS PROMOTIONAL SUPPORT Date TBD $50,000 Downtown District Event Marketing', $35,000 Total Boynton Beach Night Market $85,000 EQUIPMENT&SUPPORT $35,000 CEREMONIAL EVENTS $15,000 Sub-Total Events $350,000 Sub-Total Events Marketing $91,000 TOTAL COST OF EVENTS► $441,000 6 BOYNTON BEACH CRA FY 2022-2023 MARKETING PROGRAM-02-58400-445 2022/2023 EVENTS DATE BUDGET ADDITIONAL COMMENTS BOYNTON BEACH BUCKS Budget is based off of continuing to mange this program in-house and adding a postal A business promotional program to provide economic and digital aspect.Funds would be used for support to local businesses through targeted actual reimbursement to businesses,paid campaigns that will be promoted both digitally and in- digital/print ads,postage,supplies,and person at events printing. If we were to go with. Total Boynton Beach Bucksl $45,000 PROMOTIONAL VIDEOS Videos to promote various BBCRA projects and initiatives-Boynton Beach Bucks Plaza Spotlights, Budget would include the costs of Bon Appetit Boynton Beach Business Developments videography,actors,industry experts(if Videos,Tutonal Videos for Economic Development needed),supplies/materials,and purchases Toolkit from businesses as needed. Total Promotional Video Ad Campaign il $40,000 BUSINESS DEVELOPMENT WORKSHOPS Various business development workshops to cover various topics,such as Strategic planning,Growth& Expansion,Business Plan Overview,Finance& Accounting,Marketing Strategy,Operations Management Diversity&Inclusion,Interpersonal Skills for Success,Grant Writing�.Minority&Female Owned Businesses,r Local Resources Time&Stress Management,Leadership&Hiring Total Restaurant Month $50,000 RESTAURANT MONTH-BON APPETIT Print&Digital Marketing Campaign to promote variousBudget would include marketing costs,and BOYNTON BEACH restaurants&eateries during a designated month various elements for the micro activations, through both digital and print marketing,micro such as:live entertainment,activities, activations games,etc. Total Restaurant Month $10,000 TOTAL COST OF MARKETING ► $135,000 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 OLD BUSINESS AGENDAITEM: 12.13. SUBJECT: Update to Discussion on Amendment to Exhibit A, Marina Rules and Regulations, of the Dockage Lease Agreement for the Boynton Harbor Marina SUMMARY: At the July 12, 2022 CRA Board meeting, staff proposed language to be added to the Rules and Regulations which is included as Exhibit "A" of the Dockage Lease Agreement for the Boynton Harbor Marina tenants (see Attachment 1). The additional language would address how the vessels remaining at the marina would be secured by marina staff should the owner be unable to secure it during a named storm event. The Board discussed the need for a cost to be charged for securing the vessels and directed staff to research other public marinas' charges and protocols. During staff's research and in consultation with the CRA legal counsel, it was determined that no changes to the Rules and Regulations are required at this time since the current Dockage Lease Agreement (see Paragraph 15, Weather, of Attachment 1) already contains language that addresses this issue and is consistent with the Florida Statutes Section 327.59, Marina Evacuations, which states as follows (see Attachment 11): (3) Notwithstanding any other provisions of this section, in order to minimize damage to a vessel and to protect marina property, private property, and the environment, a marina owner may provide by contract that in the event a vessel owner fails to promptly remove a vessel from a marina after a tropical storm or hurricane watch has been issued, the marina owner, operator, employee, or agent may remove the vessel, if reasonable, from its slip or take whatever reasonable actions are deemed necessary to properly secure a vessel to minimize damage to a vessel and to protect marina property, private property, and the environment and may charge the vessel owner a reasonable fee for any such services rendered. In order to add such a provision to a contract, the marina owner must provide notice to the vessel owner in any such contract in a font size of at least 10 points and in substantially the following form: NOTICE TO VESSEL OWNER The undersigned hereby informs you that in the event you fail to remove your vessel from the marina promptly (timeframe to be determined between the marina owner or operator and the vessel owner) after the issuance of a tropical storm or hurricane watch for (insert geographic area), Florida, under Florida law, the undersigned or his or her employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel and to protect marina property, private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action. In researching other public marinas, both Lake Park and Riviera Beach marinas (see attachments III and IV) include comparable language and do not limit the amount of monies that can be charged for securing a vessel at the marina. CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan - Downtown District CRA BOARD OPTIONS: No changes to the Rules and Regulations are required at this time. ATTACHMENTS: Description D Attachment I -Current Dockage Lease Agreement for Boynton Harbor Marina D Attachment II - Florida Statutes Section 327.59 D Attachment III - Lake Park Dockage Agreement D Attachment IV - Riviera Beach Dockage Agreement 7 1'1F Ild Harbor ,_. Marina BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY "BOYNTON HARBOR MARINA" DOCKAGE LEASE AGREEMENT FY 2021 -2023 This Lease Agreement("Lease") is entered into between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("LESSOR") and the undersigned boat and/or owner, ("LESSEE"). hereinafter referred to as "Dockmaster" performs any and all duties of marina management on behalf of the LESSOR. (Print all information. All blank spaces must be completed.) LESSEE'S Name BUSINESS NAME LESSEE'S Address City State Zip Phone No. Alternate Phone No. Vessel Registration No. Vessel Name: (hereinafter"Vessel"). Make Year O.A. Length Beam Draft *The length of any vessel shall be measured from the end of pulpit to the end of the dive platform. Tenant vessels shall be measured twice annually. Power Sail Electricity: 110 220 Existing Lessee Yes No Slip No. Lease Rate: $19.50 per foot from October 1, 2021 until September 30, 2022 and $20.00 per from October 1, 2022 to September 30, 2023 1. Term. The term of this Dockage Lease shall be from October 1, 2021 until September 30, 2023. There is no option to renew and any additional term of lease shall be evidenced by a new Lease. 01539510-1 Page 1 of 17 2. Rent. From the time period of October 1, 2021 through September 30, 2022 the rental shall be the sum of $ per month based on the lease rate of nineteen dollars and 50/100 ($19.50) per vessel linear foot plus 7% sales tax in the amount of $ , for a total of$ per month. From the time period of October 1, 2022 through September 30, 2023 the rental shall be the sum of $ per month based on the lease rate of twenty dollars and 00/100 ($20.00) per vessel linear foot plus 7% sales tax in the amount of $ , for a total of$ per month. Rent for the first month shall be prorated if Lease is executed after the 1st of the month. Each subsequent rent payment shall be due on the first day of the month and past due on the tenth day of the month. Timely payment of rent is a material provision of this Lease and the late payment of rent constitutes grounds for termination of this Lease by LESSOR regardless of whether delinquent rent is accepted. LESSEE understands that LESSOR may accept late payment of rent without waiving LESSOR's right to declare a breach of Lease and terminate this Lease. 3. Security Deposit. At the time of execution of this Lease, LESSEE shall pay LESSOR an amount equal to $ . This payment (the "Security Deposit") shall be made by cash, cashier's check, or money order. The Security Deposit may not be paid by personal check. The Security Deposit is separate from payment of rent and utilities, and LESSEE may not use the Security Deposit to pay the last month's, or any month's, rent or other charges in arrears. LESSOR is not obligated to apply the Security Deposit on rents or other charges in arrears, or on other damage caused by LESSEE's failure to perform under this Lease, but LESSOR may choose to do so at LESSOR's option. If LESSOR repossesses the slip because of LESSEE's default or breach, LESSOR may, but is not required to, apply the deposit on all damages suffered as a result of the default or breach, regardless of whether the damages occurred before, during, or after repossession. Upon expiration or termination of this Lease, LESSOR shall inspect the slip and related facilities for any damage caused by LESSEE or LESSEE's use of the slip. If there is damage beyond normal wear and tear, LESSOR shall subtract the amount necessary to repair the damage from the Security Deposit and return the remainder of the Security Deposit to LESSEE within fourteen (14) days after LESSEE has vacated the slip. LESSOR shall not subtract any amount from the Security Deposit for normal wear and tear. LESSOR shall have sole discretion as to what constitutes normal wear and tear. Any interest generated on the Security Deposit shall accrue to LESSOR. LESSOR shall not be obligated to keep the Security Deposit as a separate fund, but may mix it with LESSOR's own funds. 4. Credit Report Authorization. By signing this Lease, LESSEE hereby authorizes the Boynton Beach Community Development Agency and/or its agent to obtain a copy of his/her credit report and/or scores for the purposes of assessing LESSEE's current or ongoing eligibility for tenancy. LESSEE's credit score will be considered when making 01539510-1 Page 2 of 17 final application approval decisions and LESSEE may be required to post an additional security deposit as part of his/her approval. The consents provided are effective as of the date of this Lease and will be valid for as long as required to fulfill the purposes described herein. LESSEE will be responsible for a non-refundable application fee of $100. Make check payable to: Boynton Beach CRA. 5. Utilities. LESSOR agrees to provide electricity and water hookups at each slip. Any equipment/connecting devices necessary to provide the connection from the dock to the Vessel shall be the responsibility of the LESSEE but the type and manner of connection are subject to approval by the LESSOR. LESSEE is responsible for the payment of their monthly electrical and water (individually or collectively, "utility") usage. The billing rate for utility consumption by the LESSEE shall be based on usage to the slip as determined by LESSOR and will be calculated based on the prevailing rate charged to the LESSOR by the utility provider. A utility statement will be hand delivered or mailed to the LESSEE on the 1st of each month and shall reflect the amount of utility usage for the previous month. Utility payments shall be considered additional rent under this Lease. LESSEE's utility payments shall be due to LESSOR no later than the tenth day of the following month. 6. Late Payment. There shall be a late payment fee in an amount equal to 25% of the amount due each month on all rent or utility payments received after the past due date. There shall be an additional one hundred dollar ($100.00) late fee when the delinquent rent payment is not made in full, including the initial late fees, by the fifteenth day of the subsequent month. Each month for which LESSEE fails to pay all or a portion of rent or utility payments owed shall constitute a separate violation of this Lease and shall incur a separate late fee. Interest shall accrue on any unpaid amounts owed under this lease at the rate of 1.5%per month. 7. Lien. LESSOR shall have a lien against the Vessel, its appurtenances, and its contents for unpaid sums due for rent, use of dock facilities, utility usage, other services, or for damage to any docks or property of LESSOR or any other person at the docks caused or contributed to by the Vessel, LESSEE or any individual the LESSEE allows to use the Vessel. The lien shall be in addition to all other remedies available at law or in equity. 8. Only for Approved Vessel. This Lease is valid only for the Vessel and LESSEE, and is not transferable to another vessel or lessee without the written authorization and approval of the LESSOR. This Lease does not allow for the sub-leasing of the slip by the LESSEE under any circumstances. This Lease grants the LESSEE a revocable license to use the subject dock space and does not create any interest for LESSEE in the underlying bottom lands or real property connected with the LESSOR. 9. Absences from Slip. LESSEE is required to notify the Dockmaster in writing if the Vessel will be absent from the above referenced slip for longer than a thirty (30) day period. Slips left empty for longer than thirty (30) consecutive days, or for twenty (20) days in a forty-five (45) day period, without written notification to the LESSOR shall be considered vacated by the LESSEE and the lease will be terminated. 10. Termination for Cause. This Lease shall be in effect until the end of the term unless sooner terminated by reason of one or more of the following conditions or events: 01539510-1 Page 3 of 17 a. By destruction of the dockage facilities by storm, Act of God, or other calamity. b. In the event LESSEE makes a bona fide sale of the boat or obtains a boat larger than can be safely berthed at the subject dockage. C. LESSEE terminates this Lease by providing thirty (30) day written notice to the LESSOR. LESSEE may terminate this Lease pursuant to this subsection only if all rents and fees are current and paid in full. d. By breach or default as provided below. e. Late payment of rent, including items deemed "additional rent," or penalty charges. f. Failure to maintain and provide proof to LESSOR of insurance coverage as required in paragraph 19 below. g. Other reason as provided for in this Lease. All termination proceedings shall be conducted in accordance with Florida law. 11. Additional Procedures for Termination for Late Payment of Rent. If LESSOR terminates this Lease pursuant to Section 9.e. of this Lease, LESSEE shall immediately vacate the dock space leased hereunder upon three days notice by LESSOR. Notice shall be considered given upon any of the following: (a) Mailing notice to LESSEE at the address provided above; or (b) Posting notice upon the Vessel. Should LESSEE fail to vacate within the three days set forth herein, the Parties agree that LESSOR shall be entitled to an immediate judgment for eviction and possession of the subject dock space, upon filing of a verified complaint for eviction/possession with the Palm Beach County Court, in and for the Fifteenth Judicial Circuit. The Parties expressly agree that said action for eviction/possession shall proceed under Summary Procedure pursuant to Section 51.011, Fla. Stat. 12. Compliance with Rules and Regulations. LESSEE agrees to comply with all posted Rules and Regulations along with those attached hereto as "Exhibit A," as amended from time to time in the LESSOR's sole discretion, as fully as though they were set forth herein, and should breach of this Lease or violation of the Rules and Regulations Governing Dockage set forth and attached hereto occur, LESSOR may immediately terminate this Lease. LESSEE shall be notified of such termination and required to immediately remove the Vessel at LESSEE's expense. LESSOR may take all legal steps to remove the Vessel and other property upon termination of the Lease. LESSOR may, in addition to or as an alternative to terminating the Lease, impose a penalty (including fines) on LESSEE for such violation, as provided for in the Rules and Regulations. If LESSOR determines, in its sole and absolute discretion, that the violation of the Rules and Regulations constitutes a danger to the health, safety, and welfare of LESSEE, other 01539510-1 Page 4 of 17 persons or property, or LESSOR or LESSOR's property, LESSOR may immediately take any steps it deems necessary to mitigate or alleviate such danger. 13. Required Trip Log Submittal. LESSEE will submit a completed copy of the appropriate log attached hereto as "Exhibit B" in accordance with the schedule below: • First Submittal shall be no later than January 5, 2022 for all trips that occurred October 1 to December 31, 2021 • Second Submittal shall be no later than April 5, 2022 for all trips that occurred January 1 to March 31, 2022 • Third Submittal shall be no later than July 5, 2022 for all trips that occurred April 1 to June 31, 2022 • Fourth Submittal shall be no later than October 5, 2022 for all trips that occurred July 1 to September 30, 2022. • Fifth Submittal shall be no later than January 5, 2023 for all trips that occurred October 1 to December 31, 2022 • Sixth Submittal shall be no later than April 5, 2023 for all trips that occurred January 1 to March 31, 2023 • Seventh Submittal shall be no later than July 5, 2023 for all trips that occurred April 1 to June 31, 2023. • Eighth Submittal shall be no later than October 5, 2023 for all trips that occurred July 1 to September 30, 2023. Failure to comply with this section shall be a default and breach of this Lease. If LESSEE fails to submit the trip log, LESSOR may, in addition to the other remedies provided for in this Lease, elect to discontinue LESSEE's fuel discount and exclude LESSEE from LESSOR's marketing collateral. 14. Voluntary Waiver. LESSOR may, in its sole and absolute discretion, waive any requirement of this Lease. Waiver of any conditions by LESSOR shall not be deemed to be a continuing waiver and shall not be considered a waiver of any other provision or condition of this Lease. 15. Weather. Weather conditions: In the event weather or tidal conditions exist during the term of this Lease that would either place the LESSEE's Vessel in danger of incurring damage to itself or LESSEE's Vessel causing damage to the LESSOR's property or other vessels within the dockage facilities, it shall be the LESSEE's responsibility to remove the Vessel from the LESSOR's property and dockage facility. Any damage caused by LESSEE's Vessel to the LESSOR's property, dockage facilities, LESSEE's Vessel or other vessels within the LESSOR's property and dockage facilities shall be the sole responsibility of the LESSEE. The LESSEE, by executing this Lease, expressly agrees that he/she shall be solely responsible for ascertaining when such threatening weather conditions may occur in order to allow adequate time for the LESSEE to remove the Vessel from the LESSOR's property and dockage facility as required above. The LESSEE expressly acknowledges that the LESSOR does not assume any obligation to contact the LESSEE with respect to impending weather conditions. 01539510-1 Page 5 of 17 NOTICE TO VESSEL OWNER The undersigned LESSOR hereby informs you that in the event you fail to remove your vessel from the marina promptly (within 24 hours) after the issuance of a tropical storm or hurricane watch for Palm Beach County or Boynton Beach, Florida, under Florida law, the undersigned or his or her employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel and to protect marina property, private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action. Notwithstanding the foregoing, LESSEE shall be responsible for all damage caused by the Vessel to the LESSOR's dockage facilities or other vessels regardless of ownership. The LESSOR expressly reserves the right, but not the responsibility, to establish minimum requirements for the kinds of cleats, ropes, fenders and other measures that must be used on vessels as a condition of the use of the dockage facilities. In the event the LESSOR establishes such minimum measures, it shall be the LESSEE's obligation and liability to assure himself/herself that such minimum requirements are adequate to protect the LESSEE's Vessel from damage. LESSEE shall be required to adhere to the guidelines set forth in the annual Boynton Harbor Marina Hurricane Plan provided by the Dockmaster or the LESSOR at the signing of this Lease. 16. Telephone, Cable, etc. LESSOR represents and LESSEE understands that there is no telephone or cable television, provided to the dock or slip. Telephone service to the vessels must be by cellular phone at LESSEE's expense. No private telephone systems or satellite dishes may be installed within the dockage facilities without the prior written consent of the Dockmaster or the LESSOR. 17. Reassignment. LESSOR reserves the right to permanently reassign the LESSEE to a different slip in the event LESSOR deems it necessary, in its sole discretion, by providing LESSEE ten (10) days written notification of such intent. LESSOR reserves the right to temporarily reassign LESSEE to a different slip in the event LESSOR deems it necessary, in its sole discretion, for the purpose of health and safety concerns, maintenance, repairs, construction or any other reason LESSOR deems necessary. 18. No Additional Vessels Permitted. No other vessel may be placed in the water along with the Vessel without the prior written consent of LESSOR. Dinghies, rafts, wave runners or other small vessels may not be left in the slip overnight and must be stowed on the Vessel when not in use. 19. Caretaking and Security. This Lease is for the use of dock space only, and such space is to be used at the sole risk of LESSEE. LESSEE expressly acknowledges that LESSOR assumes no responsibility for the caretaking or security of LESSEE's Vessel, (including any gear, equipment or contents associated with the Vessel) or for any loss or damage of 01539510-1 Page 6 of 17 whatever kind or nature to the boat, its contents, gear or equipment howsoever occasioned. LESSEE has the sole responsibility for the caretaking and security of and at the Vessel, including the responsibility to insure the Vessel in accordance with this Lease. Any independent or caretaker or mechanic working on the Vessel (other than LESSEE) must register with the Dockmaster and provide copies of the business license and proof of their business insurance policy. 20. Insurance. The LESSEE hereby agrees to maintain, insurance providing complete marine coverage for the LESSEE's Vessel and public comprehensive liability insurance (Hull and Protection and Indemnity) with limits not less than $300,000.00 per occurrence for Non-Commercial Vessels and limits not less than $500,000.00 per occurrence for Commercial Vessels. The insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from or arising out of this Lease or LESSEE's dockage or tenancy at the Boynton Harbor Marina. LESSOR is to be included as "Additional Insured" with respect to liability arising out of LESSEE's dockage or tenancy at the Boynton Harbor Marina, this Lease, or other acts or omissions of LESSEE in connection with this Lease. The LESSEE shall provide the LESSOR with a valid certificate of insurance as proof of such coverage at the time of executing the Lease and at each subsequent renewal. The Dockmaster and LESSOR reserve the right to request updated proof of LESSEE's insurance coverage at any time during the term of this Lease. Additionally, LESSEE is required to provide evidence of a minimum ten (10) pound ABC fire extinguisher to be maintained on the Vessel at all times. 21. Default. The failure of LESSEE to comply with the provisions set forth in this Lease shall constitute a default and breach of this Lease. If LESSEE fails to cure the default within seven (7) days of notice from LESSOR, LESSOR may terminate this Lease. If LESSOR determines, in its sole and absolute discretion, that the default or breach constitutes a danger to the health, safety, and welfare of LESSEE, other persons or property, or LESSOR or LESSOR's property, LESSOR may immediately terminate this Lease. 22. Indemnification. The LESSEE agrees to indemnify, save, and hold harmless LESSOR, its agents and its employees harmless for any and all liability, claim, demand, suit, loss, cost, expense, or damage, which may be asserted, claimed or recovered against or from LESSOR, its agents, and its employees by reason of any property damage or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to LESSEE's negligent or wrongful conduct, faulty equipment (including equipment installation and removal), use of LESSOR's dockage facilities, or use of LESSOR's property pursuant to this Lease, as well as from any and all acts or omissions of LESSEE, his/her crew, guests, invitees, or agents. The LESSEE's obligation for such indemnification shall include all reasonable defense costs including attorney's fees and attorney's fees at the appellate level. This paragraph shall not be construed to require LESSEE to indemnify LESSOR for its own negligence, or intentional acts of LESSOR, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 23. Entire Agreement. This Lease represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No 01539510-1 Page 7 of 17 terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Lease and the terms of this Lease supersede all such other agreements. No extraneous information may be used to alter the terms of this Lease. 24. Modification. No change, amendment, modification or alteration of this Lease shall be binding upon either party unless it is in writing and signed by both parties except for changes to rules and regulations as deemed necessary and appropriate by the LESSOR. 25. Interpretation. If any action at law or in equity is necessary to enforce or interpret the terms of this Lease, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 26. Severability. If any part of this Lease shall be declared unlawful or invalid, the remainder of the Lease will continue to be binding upon the parties. In the event any of part of this Lease shall be held to be invalid, this Lease shall be interpreted as if such invalid part were not contained herein. 27. Independent Advice. The Parties declare that the terms of this Lease have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 28. Agreement Deemed to be Drafted Jointly. This Lease shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Lease fairly and reasonably in accordance with the purpose of this Lease. 29. Governing Law, Jurisdiction, and Venue. The terms and provisions of this Lease shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 30. Counterparts and Transmission. To facilitate execution, this Lease may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 01539510-1 Page 8 of 17 IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed on the day and year written below. LESSEE Signature*: Date: Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Signature: Date: By: Title: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this Lease, and all of the information furnished in support of this Lease, is given for the purpose of obtaining a marine vessel slip within the Boynton Beach Community Redevelopment Agency Boynton Harbor Marina, and is true and complete to the best of the LESSEE's knowledge and belief. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Harbor Marina Dockage Agreement as well as the Rules & Regulations Governing Dockage. I hereby acknowledge that the marina is a public area and that I have no expectation of privacy with respect to activity which occurs in plain view on the Vessel. I waive my rights under any privacy laws, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this Lease. I hereby give permission to the Community Redevelopment Agency or its agents to take photos of myself, my invitees, and/or my Vessel to be used to promote the Boynton Harbor Marina. I consent to the use of the image of the Vessel in conjunction with any promotional activity by the Agency or its employees or contractors. I understand that any misinformation furnished by me in to obtain the Lease is grounds for termination of the Lease by LESSOR. LESSEE Signature*: Date: Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. 01539510-1 Page 9 of 17 STATE OF COUNTY OF The foregoing instrument was acknowledged before me, the undersigned authority, this day of 2021, by who is personally known to me or who has produced as identification and who did/did not take an oath. NOTARY PUBLIC — State of My commission expires: 01539510-1 Page 10 of 17 ct it} jt�t"3 k oyntonr "EXHIBIT A" BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE In an effort to provide an inviting atmosphere for boat owners docking at the LESSOR's docks, patrons, and visitors to the marina area, the following rules and regulations are provided for your protection. LESSEE, and if LESSEE is not the Vessel Captain, the Vessel Captain are required to obey the following rules and regulations as a condition of this Lease and will be strictly enforced. Any violation of these Rules and Regulations shall be deemed as grounds for immediate termination of the Dockage Lease and removal of the vessel in the sole discretion of the LESSOR. 1. When a boat enters the basin, it immediately comes under the jurisdiction of the LESSOR's Dockmaster. 2. Only boats in good working condition, and operating under their own power, shall be admitted to or remain in berthing areas. 3. Pets shall be leashed within the confines of the LESSOR's property. Pets are permitted only if they do not disturb other Lessees,patrons, visitors, and guests. 4. Under no circumstances will live-aboard status be allowed. No overnight stay by the LESSEE, his/her crew or guests, shall be permitted. 5. Refuse shall not be thrown overboard. Garbage shall be deposited in cans or dumpster supplied for that purpose. No person shall discharge fish carcasses or waste, oil, spirits, solvents, inflammable liquid or oily bilges into the basin or on the property of the LESSOR. In the event of any accidental spills of oil, spirits, solvents, flammable liquids, fuel products or other toxic substances or waste, the LESSEE shall immediately notify the LESSOR's Dockmaster of the existence of such condition. 6. There shall be no discharge of fish waste into waters of the marina under any circumstances. Fish waste shall be disposed of offshore or placed in sealed garbage bags and disposed of in the on-site dumpster or taken to your place of residence or legal off- site disposal location. 7. Under no circumstances shall vessel sewage be disposed of into the marina basin. Vessel sewage shall be disposed of appropriately and in conformance with all pertinent health codes and state statutes. 8. Noise shall be kept to a minimum at all times. LESSEE shall use discretion in operating engines, generators, radios and television sets, so as not to create a nuisance or 01539510-1 Page 11 of 17 disturbance. Upon request by the Dockmaster or LESSOR, LESSEE will immediately lower the volume of any source of noise that may be causing a disturbance. 9. The consumption alcohol on Boynton Beach Community Redevelopment Agency or Boynton Harbor Marina property is strictly prohibited. 10. Swimming, diving, or fishing shall not be permitted from the docks or finger piers or boats except for the cleaning of the underside of the vessel by LESSEE or properly licensed professional. 11. Boat owners shall not store supplies, materials, accessories or debris on walkway, and shall not construct thereon any lockers, chests, cabinets, or similar structures, except with written approval of the Dockmaster and the LESSOR. Painting, scraping, or repairing of gear shall not be permitted on the docks or finger piers. Extent of repairs and maintenance shall be at the discretion of management. 12. Fueling of gasoline or diesel-powered vessels from fuel trucks, portable cans or containers without prior written approval from the Dockmaster shall be strictly prohibited in the slip or marina basin. Storage of portable gasoline cans or containers is prohibited in the marina and slip areas. 13. Laundry shall not be hung on boats, docks or finger piers in the basin, nor shall "for sale" signs be put on boats without written permission from the LESSOR. 14. The washing or maintenance of any vehicle or vessel, on a trailer or otherwise, is prohibited on Boynton Harbor Marina property including in the drop off lane North of the slip area. LESSEE is allowed to wash vessels and perform minor maintenance to their vessel within their designated slip area. 15. The LESSOR reserves the right to limit and govern all marina slip parking spaces in the LESSOR parking areas as shown in "Appendix A." The Boynton Harbor Marina slip spaces designated as "loading and unloading only" are for the express and exclusive use of the LESSOR and LESSEE between the hours of 6 am to 6 pm seven days a week. From 8 am to 10:30 am Monday through Friday and from 7 am to 10:30 am on Saturday and Sunday, LESSEES with dive boats may use these spaces for a period no longer than 30 minutes for the sole purpose of the "loading and unloading" of the LESSEE dive boats' supplies, guests, and crew. Otherwise, these spaces shall be limited to use for a period no longer than 15 minutes for the sole purpose of the "loading and unloading" of the LESSEE's supplies, guests, and crew. NO LONG-TERM PARKING WILL BE ALLOWED in this location. The LESSOR reserves the right to tow or remove any vehicle which is found to be in violation of the parking conditions as stated in this paragraph at the sole expense of the owner of said vehicle. Overnight or long-term parking can be accommodated within the Marina Village Parking Garage by written approval of the Dockmaster and Marina Village Property Manager. Failure to obtain such approval may result in the vehicle being towed by Marina Village Master Association. Please contact the Dockmaster for instructions on obtaining the required overnight parking pass. 01539510-1 Page 12 of 17 16. Each LESSEE shall be issued a maximum of two (2) Boynton Harbor Marina vehicle identification sticker(s) to be placed on the rear window of the LESSEE's vehicle. No temporary parking passes will be issued to LESSEES for any purpose. 17. All contractors, mechanics, or caretakers ("Contractors") working on any vessel in the Boynton Harbor Marina must register with the Dockmaster, provide Dockmaster with proof of insurance and proof of business licensing before commencing work, and work pursuant to the terms of the Lease. The Dockmaster will provide a one-day "Contractor Parking Pass" to Contractors upon registration. Dockmaster will only issue parking passes for Contractors that have proof of insurance and proof of business licensing on file with the Dockmaster. If more than one day of work is required, the Contractor shall check in with the Dockmaster each day prior to commencing work. 18. Each LESSEE shall provide an executed Dockage Lease Agreement along with all of the documents listed below to the Dockmaster no later than September 30, 2021. If the LESSEE does not provide an executed Dockage Lease Agreement along with all of the documents listed below by September 30, 2021 LESSEE will be charged a $500 fee. The LESSEE will then have 30 days from September 30, 2021 to provide the Dockmaster with the $500 fee, an executed Dockage Lease Agreement (along with all of the documents listed below). If at that time the executed Dockage Lease Agreement, (along with all of the documents listed below) and the $500 fee is not provided to the Dockmaster, the Dockage Lease Agreement will not be considered for renewal and the LESSEE will be required to leave the space. Each LESSEE is required to provide the Dockmaster with the below listed documentation along with the executed Dockage Lease Agreement: • Current Boynton Beach Business Tax Receipt • Current Palm Beach County Local Business Tax Receipt • Current documentation or title to boat being docked • Current vessel registration • Captains licensing for all boat operators • Current US Coast Guard vessel inspection • Current hurricane protection plan • Current insurance policy, written as per section 19 in the dockage agreement and naming Boynton Beach CRA additionally insured 19. Violation of the above rules and regulations, or other conduct by any LESSEE, or his/her crew or guests, that might injure any person, cause damage to property or harm the reputation of the LESSOR shall be cause for immediate removal from Boynton Harbor Marina. Such conduct shall include, but not be limited to: harassment of any person; aggressive behavior; engagement in any illegal activity; or any conduct that the Dockmaster or LESSOR determines, in their sole and absolute discretion, endangers the health, safety, welfare, or property of any other person or entity. 01539510-1 Page 13 of 17 LESSEE acknowledges by signing below, that they have read and understand the BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE and hereby agree to the terms of the Dockage Lease Agreement. LESSEE Signature*: Date: Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. 01539510-1 Page 14 of 17 "Appendix A" I 1 �l't�11+1h j1 sJ s v v . `r� ft i 1 1 SII i Manna Ways tlPA ae�n�� IC ■ )1 ` k ) IN % 1 Pt, \' a i Ir i I! a ` r� v ) x 1St,' l r yk}1)1 it���tSll�s �1%,� t �� 11!1 t � rl��l�s li t s17 1l'r e-, k { - ,] •• i n�Y )4't'� I;n 1 � t )j1 t1)�4(Ih}��1�1� 1� b, 1{I2)�s;at tss 41 s4 It 1 R 111 a 1 � ��� •l i �, ldtv1 �;�; 01539510-1 Page 15 of 17 "Exhibit B" BOYNTON HARBOR MARINA Dockage Lease Agreement Tenant's Monthly Trip Log SLIP No. VESSEL NAME CAPTAIN NAME CAPTAIN NAME TOTAL NUMBER OF CAPTAIN'S MONTH TOTAL NUMBER OF TRIPS PASSENGERS INITIALS Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 —Sep-22 01539510-1 Page 16 of 17 "Exhibit B" BOYNTON HARBOR MARINA Dockage Lease Agreement Tenant's Monthly Trip Log SLIP No. VESSEL NAME CAPTAIN NAME CAPTAIN NAME TOTAL NUMBER OF CAPTAIN'S MONTH TOTAL NUMBER OF TRIPS PASSENGERS INITIALS Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 —Sep-23 01539510-1 Page 17 of 17 � 1 Boynton arbor Marina i'�`�`4 • i �il�f� �ei±i 11/12/21 REVISED BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE In an effort to provide an inviting atmosphere for boat owners docking at the LESSOR's docks, patrons, and visitors to the marina area, the following rules and regulations are provided for your protection. LESSEE, and if LESSEE is not the Vessel Captain, the Vessel Captain are required to obey the following rules and regulations as a condition of this Lease and will be strictly enforced. Any violation of these Rules and Regulations shall be deemed as grounds for immediate termination of the Dockage Lease and removal of the vessel in the sole discretion of the LESSOR. 1. When a boat enters the basin, it immediately comes under the jurisdiction of the LESSOR's Dockmaster. 2. Only boats in good working condition, and operating under their own power, shall be admitted to or remain in berthing areas. 3. Pets shall be leashed within the confines of the LESSOR's property. Pets are permitted only if they do not disturb other Lessees,patrons, visitors, and guests. 4. Under no circumstances will live-aboard status be allowed. No overnight stay by the LESSEE, his/her crew or guests, shall be permitted. 5. Refuse shall not be thrown overboard. Garbage shall be deposited in cans or dumpster supplied for that purpose. No person shall discharge fish carcasses or waste, oil, spirits, solvents, inflammable liquid or oily bilges into the basin or on the property of the LESSOR. In the event of any accidental spills of oil, spirits, solvents, flammable liquids, fuel products or other toxic substances or waste, the LESSEE shall immediately notify the LESSOR's Dockmaster of the existence of such condition. 6. There shall be no discharge of fish waste into waters of the marina under any circumstances. Fish waste shall be disposed of offshore or placed in sealed garbage bags and disposed of in the on-site dumpster or taken to your place of residence or legal off- site disposal location. 7. Under no circumstances shall vessel sewage be disposed of into the marina basin. Vessel sewage shall be disposed of appropriately and in conformance with all pertinent health codes and state statutes. 8. Noise shall be kept to a minimum at all times. LESSEE shall use discretion in operating engines, generators, radios and television sets, so as not to create a nuisance or 00864234-1 Page I of 5 disturbance. Upon request by the Dockmaster or LESSOR, LESSEE will immediately lower the volume of any source of noise that may be causing a disturbance. 9. The consumption alcohol on Boynton Beach Community Redevelopment Agency or Boynton Harbor Marina property is strictly prohibited. 10. Swimming, diving, or fishing shall not be permitted from the docks or finger piers or boats except for the cleaning of the underside of the vessel by LESSEE or properly licensed professional. 11. Boat owners shall not store supplies, materials, accessories or debris on walkway, and shall not construct thereon any lockers, chests, cabinets, or similar structures, except with written approval of the Dockmaster and the LESSOR. Painting, scraping, or repairing of gear shall not be permitted on the docks or finger piers. Extent of repairs and maintenance shall be at the discretion of management. 12. Fueling of gasoline or diesel-powered vessels from fuel trucks, portable cans or containers without prior written approval from the Dockmaster shall be strictly prohibited in the slip or marina basin. Storage of portable gasoline cans or containers is prohibited in the marina and slip areas. 13. Laundry shall not be hung on boats, docks or finger piers in the basin, nor shall "for sale" signs be put on boats without written permission from the LESSOR. 14. The washing or maintenance of any vehicle or vessel, on a trailer or otherwise, is prohibited on Boynton Harbor Marina property including in the drop off lane North of the slip area. LESSEE is allowed to wash vessels and perform minor maintenance to their vessel within their designated slip area. 15. The LESSOR reserves the right to limit and govern all marina slip parking spaces in the LESSOR parking areas as shown in "Appendix A." The Boynton Harbor Marina slip spaces designated as "loading and unloading only" are for the express and exclusive use of the LESSOR and LESSEE between the hours of 6 am to 6 pm seven days a week. From 8 am to 10:30 am Monday through Friday and from 7 am to 10:30 am on Saturday and Sunday, LESSEES with dive boats may use these spaces for a period no longer than 30 minutes for the sole purpose of the "loading and unloading" of the LESSEE dive boats' supplies, guests, and crew. Otherwise, these spaces shall be limited to use for a period no longer than 15 minutes for the sole purpose of the "loading and unloading" of the LESSEE's supplies, guests, and crew. If LESSEE's vehicle remains in a space, designated as "loading and unloading only," for longer than the period of time described above, a $0.50 per minute fine will be will be imposed on the LESSEE until the vehicle is moved. Fines will be billed to the LESSEE on a monthly basis and be due with the next months rent. NO LONG-TERM PARKING WILL BE ALLOWED in this location. The LESSOR reserves the right to tow or remove any vehicle which is found to be in violation of the parking conditions as stated in this paragraph at the sole expense of the owner of said vehicle. 00864234-1 Page 2 of 5 Overnight or long-term parking can be accommodated within the Marina Village Parking Garage by written approval of the Dockmaster and Marina Village Property Manager. Failure to obtain such approval may result in the vehicle being towed by Marina Village Master Association. Please contact the Dockmaster for instructions on obtaining the required overnight parking pass. 16. Each LESSEE shall be issued a maximum of two (2) Boynton Harbor Marina vehicle identification sticker(s) to be placed on the rear window of the LESSEE's vehicle. No temporary parking passes will be issued to LESSEES for any purpose. 17. All contractors, mechanics, or caretakers ("Contractors") working on any vessel in the Boynton Harbor Marina must register with the Dockmaster, provide Dockmaster with proof of insurance and proof of business licensing before commencing work, and work pursuant to the terms of the Lease. The Dockmaster will provide a one-day "Contractor Parking Pass" to Contractors upon registration. Dockmaster will only issue parking passes for Contractors that have proof of insurance and proof of business licensing on file with the Dockmaster. If more than one day of work is required, the Contractor shall check in with the Dockmaster each day prior to commencing work. 18. Each LESSEE shall provide an executed Dockage Lease Agreement along with all of the documents listed below to the Dockmaster no later than September 30, 2021. If the LESSEE does not provide an executed Dockage Lease Agreement along with all of the documents listed below by September 30, 2021 LESSEE will be charged a $500 fee. The LESSEE will then have 30 days from September 30, 2021 to provide the Dockmaster with the $500 fee, an executed Dockage Lease Agreement (along with all of the documents listed below). If at that time the executed Dockage Lease Agreement, (along with all of the documents listed below) and the $500 fee is not provided to the Dockmaster, the Dockage Lease Agreement will not be considered for renewal and the LESSEE will be required to leave the space. Each LESSEE is required to provide the Dockmaster with the below listed documentation along with the executed Dockage Lease Agreement: • Current Boynton Beach Business Tax Receipt • Current Palm Beach County Local Business Tax Receipt • Current documentation or title to boat being docked • Current vessel registration • Captains licensing for all boat operators • Current US Coast Guard vessel inspection • Current hurricane protection plan • Current insurance policy, written as per section 19 in the dockage agreement and naming Boynton Beach CRA additionally insured 19. Violation of the above rules and regulations, or other conduct by any LESSEE, or his/her crew or guests, that might injure any person, cause damage to property or harm the reputation of the LESSOR shall be cause for immediate removal from Boynton Harbor Marina. Such conduct shall include, but not be limited to: harassment of any person; aggressive behavior; engagement in any illegal activity; or any conduct that the 00864234-1 Page 3 of 5 Dockmaster or LESSOR determines, in their sole and absolute discretion, endangers the health, safety, welfare, or property of any other person or entity. LESSEE acknowledges by signing below, that they have read and understand the BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE and hereby agree to the terms of the Dockage Lease Agreement. LESSEE Signature*: Date: Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. 00864234-1 Page 4 of 5 "Appendix A" I .v' Mild y' 1 t !� � t t is yt tl Manna Way ,:-,`�t Mann?-;•• `. i , tsy� +'r' l){y{ 41 F Sys{. �. i t +t n 2} �t 11 � j y� y r'76 F-I n IN, 00864234-1 Page 5 of 5 7/28/22, 1:03 PM Statutes&Constitution :View Statutes: Online Sunshine iii I i In a i e Select Year: 2022 v Go The 2022 Florida Statutes Title XXIV Chapter 327 View Entire Chapter VESSELS VESSEL SAFETY 327.59 Marina evacuations.— (1) Except as provided in this section, marinas may not adopt, maintain, or enforce policies pertaining to evacuation of vessels which require vessels to be removed from marinas following the issuance of a hurricane watch or warning, in order to ensure that protecting the lives and safety of vessel owners is placed before interests of protecting property. (2) Nothing in this section may be construed to restrict the ability of an owner of a vessel or the owner's authorized representative to remove a vessel voluntarily from a marina at any time or to restrict a marina owner from dictating the kind of cleats, ropes, fenders, and other measures that must be used on vessels as a condition of use of a marina. After a tropical storm or hurricane watch has been issued, a marina owner or operator, or an employee or agent of such owner or operator, may take reasonable actions to further secure any vessel within the marina to minimize damage to a vessel and to protect marina property, private property, and the environment and may charge a reasonable fee for such services. (3) Notwithstanding any other provisions of this section, in order to minimize damage to a vessel and to protect marina property, private property, and the environment, a marina owner may provide by contract that in the event a vessel owner fails to promptly remove a vessel from a marina after a tropical storm or hurricane watch has been issued, the marina owner, operator, employee, or agent may remove the vessel, if reasonable, from its slip or take whatever reasonable actions are deemed necessary to properly secure a vessel to minimize damage to a vessel and to protect marina property, private property, and the environment and may charge the vessel owner a reasonable fee for any such services rendered. In order to add such a provision to a contract, the marina owner must provide notice to the vessel owner in any such contract in a font size of at least 10 points and in substantially the following form: NOTICE TO VESSEL OWNER The undersigned hereby informs you that in the event you fail to remove your vessel from the marina promptly (timeframe to be determined between the marina owner or operator and the vessel owner) after the issuance of a tropical storm or hurricane watch for (insert geographic area), Florida, under Florida law, the undersigned or his or her employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel and to protect marina property, private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action. (4) A marina owner, operator, employee, or agent shall not be held liable for any damage incurred to a vessel from storms or hurricanes and is held harmless as a result of such actions. Nothing in this section may be construed to provide immunity to a marina operator, employee, or agent for any damage caused by intentional acts or negligence when removing or securing a vessel as permitted under this section. (5) Upon the issuance of a hurricane watch affecting the waters of marinas located in a deepwater seaport, vessels under 500 gross tons may not remain in the waters of such marinas that have been deemed not suitable for refuge during a hurricane. Vessel owners shall promptly remove their vessels from the waterways upon issuance of an evacuation order by the deepwater seaport. If the United States Coast Guard captain of the port sets the port www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0327/Sections/0327.59.htm1 1/2 7/28/22, 1:03 PM Statutes&Constitution :View Statutes: Online Sunshine condition to "Yankee" and a vessel owner has failed to remove a vessel from the waterway, the marina owner, operator, employee, or agent, regardless of any existing contractual provisions between the marina owner and the vessel owner, shall remove the vessel, or cause the vessel to be removed, if reasonable, from its slip and may charge the vessel owner a reasonable fee for any such services rendered. A marina owner, operator, employee, or agent may not be held liable for any damage incurred to a vessel from a hurricane and is held harmless as a result of such actions to remove the vessel from the waterways. After the hurricane watch has been issued, the owner or operator of any vessel that has not been removed from the waterway of the marina, pursuant to an order from the deepwater seaport, may be subject to a fine, which may be imposed and collected by the deepwater seaport that issued the evacuation order if assessed, in an amount not exceeding three times the cost associated with removing the vessel from the waterway. This section does not provide immunity to a marina owner, operator, employee, or agent for any damage caused by intentional acts or negligence when removing a vessel pursuant to this section; require a deepwater seaport to issue an order to evacuate vessels; or require a deepwater seaport to impose and collect fines for failure to remove vessels from its waterways. For purposes of this subsection, the term "deepwater seaport" means the port waters, dredged material management sites, port harbors, navigation channels, turning basins, and harbor berths used for deepwater commercial navigation. History.—s. 22, ch. 93-211; s. 11, ch. 95-146; s. 464, ch. 95-148; s. 2, ch. 95-150; s. 2, ch. 2006-309; s. 1, ch. 2021-108. Copyright ©1995-2022 The Florida Legislature • Privacy Statement • Contact Us www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0327/Sections/0327.59.htm1 2/2 LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT THIS DOCKAGE AGREEMENT (the Agreement) is made by and between the Town of Lake Park, Florida(hereinafter referred to as "Town"), the owner and operator of the Lake Park Harbor Marina(hereinafter referred to as "Marina"), located at 105 Lake Shore Drive, Lake Park, Florida 33403, and , who is the owner of the Vessel as more specifically described herein(hereinafter referred to as "Tenant"). NOW, THEREFORE, in consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Tenant referenced in paragraph 1 agrees to the terms and conditions contained herein pertaining to the dockage of the vessel referenced in paragraph 2 at the Marina: 1. TENANT: Owner Name(s): Home Phone: Billing Address: Work Phone: City: State: Zip: Cell Phone(w/Area Code): Email: Emergency Contact: Cell Phone(w/Area Code): Email: 2. TENANT'S VESSEL: (certified copy of title indicating ownership must be submitted with this Dockage Agreement) Vessel Name: Make: Year: Registration/Documentation No. -Length:-Beam:-Draft: 3.VESSEL INSURANCE (Proof of insurance required before occupancy commences) Carrier: Policy No: Exp.Date Agent Name: Phone No: 4.DOCKAGE TERM: Monthly Annual Lease Commencement Date: Termination Date: Vessel Use: Personal: Commercial: Slip Assignment: LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT Initialed by Vessel Owner: REVISED 6/01/2016 Previous editions obsolete Page 1 of 10 LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT 5.MARINA CHARGES: The Tenant shall promptly pay to the Town when due all sums incurred pursuant to this Agreement, including charges on account,charges for fuel,ship's store,supplies and materials,necessary repairs made by the Marina to Tenant's Vessel, and any other sums billed to the Tenant by the Town in connection with use of the Marina and its facilities, regardless of who incurred the charges on behalf of the Tenant. A late fee of 1.5% per month (annualized to 18.0% per annum) of the amount then due will be assessed for all charges which are more than 30 days past due. Tenant agrees that the late fee is a reasonable estimate of the extra administrative expenses incurred by Town in handling the delinquency. Any and all sums of money or charges required to be paid by Tenant under this Agreement other than the rent shall be considered "Additional Rent"whether or not the same is so specifically designated and the Town shall have the same rights to enforce due and timely payment by the Tenant of all Additional Rent as are available to the Town relating to rent. Fuel discounts are provided at such rates as may be approved by the Town Commission by Resolution from time to time. FOR MARINA OFFICE USE ONLY Dockage charges: $ Sales tax: $ Utility fee: $ Total: $ Credit Card#: Exp.Date: Visa MC Amex (please circle one) Electronic Entry Card No(s): By signing this Agreement,Tenant herebv authorizes the Town to charge 525.00 to Tenant's account for Tenant's failure to return anv Marina property. CHARGES (INCLUDING APPLICABLE SALES TAX) ARE PAYABLE MONTHLY IN ADVANCE ON THE FIRST OF THE MONTH. LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT Initialed by Vessel Owner: REVISED 6/01/2016 Previous editions obsolete Page 2 of 10 LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT 6) The Tenant represents that information contained in this Agreement is true, correct and accurate and shall update the information contained herein. If there is more than one owner of a Vessel, then the obligations and liabilities of the owners shall be joint and several. 7) It is understood and agreed that this Agreement is for the above described Vessel only and is personal to the Owner of the Vessel, whether that owner be an individual or a corporation, limited liability or other corporate entity. This Agreement is not Assignable or transferable to any other person or entity, nor is it assignable in the event of the sale of stock assets or interests of a corporation, Limited Liability Company or other corporate entity which owns the Vessel. Further, all or a portion of the dockage space may not be sublet or assigned to a third party or entity. Use or occupancy of the Vessel is restricted to the Tenant and his or her family,paid crew and bona fide guests while located in the Marina. Tenant agrees to advise the Town of any legal change or ownership or rental of the Vessel, or of a change in ownership of the corporate entity while subject to the Agreement no later than 24 hours following such change. Part ownership of a Vessel does not in any way imply an obligation on the part of the Town to furnish dockage to any of the partners other than the original signatory of the Agreement if the partnership is dissolved for any reason whatsoever. The Town reserves the right to rent or use the docking slip or slips that are unoccupied for any period exceeding 24 hours. The Tenant shall not be entitled to any reduction in rental fees under this Agreement in the event the Town uses the docking space assigned to the Tenant. The Tenants and operators of any Vessel shall advise the Marina Director of their estimated time of return to the docking slip at their time of departure. Tenants and operators of any Vessel with annual, seasonal or monthly status are required to give 48 hours' notice of their return. If Tenant fails to provide Town with 48 hours' notice] of the Vessel's return date, then Tenant agrees that the Town, in its sole discretion reserves the right to assign the Vessel, upon its return to another docking slip or slips of similar size. 8) Utilities shall be charged to the Tenant at such rates as may be approved by the Town Commission from time to time. The established utility rates are subject to change by the Town Commission at any time during the term of this Agreement, taking into consideration such factors as the Town Commission, in its sole discretion deems just, fair, and appropriate. The Town shall not be liable for any interruption or stoppage of utilities, including,but not limited to, electrical or water service, or for any damage to persons, the Vessel or personal property resulting from that interruption or stoppage. 9) The Rules of the Road and the Navigation Laws in and of the United States apply to all Vessels entering and leaving the Marina, navigating within the Marina, and/or docking therein. The Vessel shall, at all times, maintain current Coast Guard approved heads which shall meet all federal, state and local regulations. The Tenant shall not create any wake in Marina waters. Tenant is responsible for any damage caused by wakes from its Vessel's operation. Only bona fide [tenders] which normally reside aboard or are normally towed may be tied alongside or astern of the Vessel, but tenders may not protrude beyond the limits of the slip. Tenders may not be left alone or unattended for any period without permission of the Marina Director of designated staff. LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT Initialed by Vessel Owner: REVISED 6/01/2016 Previous editions obsolete Page 3 of 10 LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT 10) The Tenant shall comply with any and all applicable maritime laws, statutes, codes/ordinances, laws, rules and regulations of the Town, the state of Florida, and the United States, as well as any rules by any state, federal or local governmental agency or regulatory authority. 11) Refuse, garbage, oil, spirits, inflammables and oily bilges, hazardous materials, and other similar substances shall not be discharged into the Marina waters. Should this occur, the Tenant shall be subject to such fines, or such other civil and criminal penalties as may be imposed by the Town and/or any other governmental authorities with jurisdiction. The Tenant and/or any other person on the Vessel illegally discharging, shall be jointly and severally liable for all civil fines and penalties and for the entire cost of remediation and clean up of any hazardous or prohibited materials at the Marina or emanating from the Marina, or onto adjacent waters and lands, as a result of the release of hazardous or prohibited materials. The Tenant agrees to pay the Town's reasonable fees for Town staff, or its agents' labor and materials to administer first responder clean up actions. The Tenant's compliance with such laws and regulations shall include any and all present or future federal, state or local laws, rules, regulations, codes, ordinances, or by-laws, and any judicial or administrative interpretations thereof, including orders, decrees, judgments, rulings, directives or notices of violation, that create duties, obligations or liabilities with respect to: (i) human health; or(ii) environmental pollution, impairment or disruption, including, without limitation, laws governing the existence, use, storage, treatment, discharge, release, containment, transportation, generation, manufacture, refinement, handling, production, disposal, or management of any hazardous material, or otherwise regulating or providing for the protection of the environment. 12) The Town is authorized to move or request the Tenant to move the Vessel at any time should the Town determine, in its sole judgment that the Town needs to make repairs to or within the Marina, is necessary for any Marina operations, or for any other reason the Town deems necessary to the safe and efficient operation of its Marina. In such event, the Town shall not be deemed or construed to be a bailee of the Vessel, or to have otherwise taken the Vessel into its care, custody and control. Tenant hereby acknowledges and agrees that in such instances the Town's movement of the Vessel is at all times for the convenience of the Tenant, for the safety of the Vessel, the safety of other vessels, or for the efficient or safe operation of the Marina. The Town is authorized to move vessels within the Marina without any liability on the part of the Town, regardless of the cause, specifically including, but not limited to, the negligence of the Town and/or its agents, servants or employees. Should it become necessary for the Town to move the Vessel, the Tenant agrees to pay the Town's administrative fees, or any contractor or towing fees incurred by the Town. 13) The Tenant shall be solely responsible for maintaining the Vessel in a safe condition and for properly securing the Vessel so that the Vessel can sustain tides, winds and other elements and conditions. The Tenant shall be liable for any and all personal injuries, deaths, or other damages caused to persons, Vessels, personal and other property, piers, docks and Town property caused by the Tenant and/or the Tenant's Vessel. The Town disclaims all liability to the Tenant and/or the Tenant's guests, invitees, employees, agents and contractors, insurers or underwriters, and/or third persons, for damages and/or losses from any cause whatsoever, specifically including the negligence of the Town, its agents, servants and/or employees and those caused directly or indirectly by the Tenant. This paragraph and any other disclaimer of liability contained herein LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT Initialed by Vessel Owner: REVISED 6/01/2016 Previous editions obsolete Page 4 of 10 LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT shall be deemed to also absolve the Town's elected and appointed officers, agents, employees and representatives from liability. 14) The Tenant, the Tenant's heirs, successors and assigns hereby agree to hold the Town harmless and to protect, indemnify and defend the Town and its elected and appointed officers, employees, agents from and against, any and all claims, losses, liabilities, penalties, fines, or damages of any kind for personal injury, loss of life, property damage or other losses caused by or as a direct or indirect result of any acts and/or omissions of the Tenant, and/or the Tenant's employees, invitees, guests, agents, trespassers, animals, and specifically including the negligence of the Town, its elected and appointed officers, agents and employees, or by reason of any other matter or occurrence, including but not limited to, the violation of environmental laws, laws pertaining to hazardous materials or any illegal discharge into the Marina waters, hurricanes, storms, terrorist acts, war, fire, theft, vandalism, collision, and from water, wind, weather and its effects. 15) Regardless of the dockage term as set forth in paragraph 4 above, the charges for dockage and such other charges as the Town may establish for its Marina facilities and services shall be valid on a month-to-month basis, and are subject to change by the Marina upon thirty days advance written notice to the Tenant.Notice shall be effective upon mailing. 16) This Agreement is for the leasing of dockage space only. No bailment relationship between the Tenant and the Town shall be deemed to arise out of this Agreement for any reason. Keys to the Vessel shall remain in the Tenant's custody and control at all times. If keys or combinations to locks relating to the Vessel are left at the Marina or aboard the Vessel, the Town shall have no responsibility or legal liability for safeguarding the Vessel keys and/or locks, or the Vessel itself, or equipment or personal effects in and upon the Vessel. The retention by the Town or its Marina employees of any keys and/or lock combinations does not constitute an assumption of a bailment relationship. 17) The permanent use of boats for habitation is prohibited within the Marina. Short term habitation on boats may be allowed with the prior written approval of the Marina Director. 18) The Tenant hereby agrees that the Slip assigned to Tenant for dockage shall be used at the Tenant's and the Tenant's guests and invitees sole risk. 19) It is further agreed that even though the Town may, from time to time, provide security guards and/or other security devices and measures, the Town is under no duty or obligation to do so, and the security of the Vessel and its appurtenances and contents is the sole risk and responsibility of the Tenant. 20) The Tenant shall maintain full general liability insurance coverage with minimum limits of liability of$500,000.00 for Personal use Vessels and $1,000,000.00 Commercial use Vessels, combined single limits, and bodily injury and property damage liability per occurrence. The coverage shall specifically include but not be limited to, premises and operations; broad form property damage; and personal injury. The insurance shall cover all property damage, personal injury or death arising from or connected with, the use of the Marina, Slip, the Vessel, and the mooring of the Vessel, by Tenant and Tenant's employees, family members, guests, agents, crew, invitees, and permittees. The insurance policy shall provide that Tenant's insurance shall at all LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT Initialed by Vessel Owner: REVISED 6/01/2016 Previous editions obsolete Page 5 of 10 LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT times be primary, regardless of whether or not the Town has any collectible insurance. The required insurance coverage shall be issued by an insurance company duly authorized and licensed to do business in the State of Florida with the following minimum qualifications in accordance with the latest edition of A.M. Best's Insurance Guide: Financial Stability: B+ or above. PRIOR TO EXECUTION OF THE AGREEMENT, THE TENANT SHALL PROVIDE THE TOWN'S MARINA DIRECTOR WITH A COPY OF THE INSURANCE CERTIFICATE EVIDENCE THAT THE TENANT MAINTAINS COVERAGE IN THE AMOUNTS SPECIFIED AND REQUIRED HEREIN. THE CERTIFICATE SHALL INDICATE THAT THE TOWN IS LISTED AS AN ADDITIONAL INSURED. NO LATER THAN 30 DAYS PRIOR TO EXPIRATION OF THE CERTIFICATE, THE TENANT SHALL PROVIDE TO THE MARINA DIRECTOR EVIDENCE OF RENEWAL, OR A NEW CERTIFICATE EVIDENCING COVERAGE AND INCLUDING THE TOWN AS AN ADDITIONAL INSURED. TENANT SHALL PROVIDE THE MARINA DIRECTOR ANY AMENDMENTS TO ANY CERTIFICATE OF INSURANCE OR NOTICE OF CANCELLATION OF COVERAGE. Should a lapse in the insurance coverage required herein occur during the term of this Agreement, the Tenant agrees to be personally liable for any occurrence outlined in this Agreement including all property damage, personal injury or death arising from or connected with, the use of the Marina, Slip, the Vessel, and the mooring of the Vessel, by Tenant and Tenant's employees, family members, guests, agents, crew, invitees, and permittees. 21) In the event of Tenant's default for non-payment of any rent or charges due under this Agreement, the Tenant authorizes the Town to sell the Vessel at non-judicial sale in accordance with the procedures set forth in Florida Statutes 328.17 (2006), as amended. 22) The Town shall have a lien against the above described Vessel, her appurtenances and contents, for unpaid sums due under this Agreement and for use of dock facilities or services, or damage caused or contributed to or by above Vessel or by Tenant, or his agents, employees and guests, to any dock and property or person of the Marina, its employees and agents. The Town shall have a right to all remedies available to it, both in rem and personal, under both state and federal law, including specifically a federal maritime lien against Vessel as described under the Federal"Maritime Lien Act", 46 U.S.C. 31342, and Rule 9(H), Federal Rules of Civil Procedure. Tenant further consents to appointment of the Town as the substitute custodian in any proceeding commenced by Town hereunder in the U.S. District Court and agrees to pay Town for its services as substitute custodian at a rate not to exceed that customarily paid to the U.S. Marshall for custodial services in such cases. In the event this indebtedness is turned over to a collection agency the Tenant of said Vessel shall be responsible for all collection fees in addition to principle balances owed and taxes. If the Vessel is arrested through an "In Rem" proceeding the Tenant shall be responsible for all reasonable attorney fees, and costs, including but not limited to, Federal Marshall fees, Substitute Custodial fees, fees, and Court costs and interest. Tenant agrees to pay all expenses and costs incurred by the Town in enforcing any of the terms and conditions of this Agreement, including,but not limited to, the cost of removal and storage of the Vessel and any reasonable attorney's fees and costs. The parties hereto expressly agree that all legal expenses incurred by Town in the enforcement of rights under this Agreement, including rights to liens, maritime, possessory and otherwise, shall be paid by Tenant and may be included, at Town's option in the amount of any lien, state or federal, which Town may have against LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT Initialed by Vessel Owner: REVISED 6/01/2016 Previous editions obsolete Page 6 of 10 LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT Tenant or Vessel. Further, in the event that Town, at the expense or implied request of the Tenant, written or oral, furnished, in addition to the use of space contracted for hereunder any supplies, including fuel, maritime hardware, accessories or other goods or materials, or performs services of any sort whatever,including repairs relating directly or indirectly to said Vessel, or for the benefit of the Town a lien under state and federal law, including, specifically a federal maritime lien in the amount of said charges to the fullest extent permitted by law, and shall also entitle the Town to all remedies available under state or federal law. All reasonable legal fees incurred by Town in obtaining payment and said charges, including legal fees incurred by Town in obtaining payment of said charges, including legal fees incurred in any lien action, shall be paid by Tenant and shall be treated in the same manner as above provided legal expenses incurred by Marina in enforcing rights to recover unpaid rental fees. 23) In the event that the Town is required to enforce the terms of this Agreement in other than litigation proceedings, such as to collect any charges, including past due charges, the Town shall be entitled to recover the attorney's fees and costs it incurs in connection therewith. In the event of litigation regarding the Agreement, the prevailing party shall be entitled to recover its attorney fees and costs, through the appellate levels. 24) The Town makes no warranties or representations, express or implied, concerning access to and from its docks and Marina areas, nor does the Town warrant that the waters within the confines of its docks and the Marina are free and clear of underwater obstructions or navigational hazards. All ingress and egress to the Marina, and within the Marina, including the Tenant's Slip is at Tenant's assumed risk. In addition, the Town makes no warranties, express or implied, concerning the Town's services, property or facilities at the Marina. 25) Tenant acknowledges and agrees that the Town shall have the right to terminate all rights under this Agreement upon written notice to the Tenant, should the Tenant violate any term of this Agreement, or applicable laws. In the event that Tenant's rights under this Agreement are terminated, Tenant shall not be entitled to a return of any prepaid rent. If the Tenant fails to remove the Vessel after the expiration of the Term, or pursuant to the termination of this Agreement, or if the Town determines the Tenant's Vessel is derelict, or a hazard to other vessels, or to be in an unsafe condition, the Tenant by execution of the Agreement authorizes the Town to remove the Vessel, without liability for any damage or loss incurred as a result of such removal, and to store the Vessel and other property removed at the sole cost of the Tenant, including all reasonable attorney's fees incurred in connection with the removal and storage of the Vessel and other property. Tenant agrees the Town shall have the right, but not the obligation to salvage and/or remove any Vessel which the Town reasonably determines to have been abandoned. Further, the Town may recover its costs and record a lien to secure any costs or past rent due and owing to the Town against the Tenant's real property. In addition, the Tenant shall be liable to the Town, in addition to any and all other charges due hereunder, for double the rental payment due hereunder, until the Vessel is removed and all related charges are paid in full to the Marina. 26) This Agreement and the terms and conditions herein may be changed only by an instrument in writing that is signed by the authorized representatives of the Town and the Tenant. Tenant acknowledges and agrees that the Town reserves the right to amend, supplement and/or restate from time to time, and any such amendment, supplement or restatement shall be deemed effective upon publication thereof by the Town. LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT Initialed by Vessel Owner: REVISED 6/01/2016 Previous editions obsolete Page 7 of 10 LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT 27) Tenant shall notify the Marina by communication to the Marina Director's Office, either by written or electronic communication when guests, contractors, or workers are permitted to use, board, or occupy the Vessel without the Tenant being present. Tenant acknowledges and agrees that any work performed on its Vessel by third parties and/or outside contractors shall be limited to the hours of 8:00 AM until 5:00 PM, Monday through Saturday. 28) Noise shall be kept to a minimum at all times. Tenant shall not permit the Vessel to make any noise, emission or other disturbance that is plainly audible to nearby residents. The Tenants, guests and other authorized persons must use discretion in the operation of generators, engines and other power equipment so as not to create unreasonable noise. Rigging shall be secured to prevent slapping. Masts with self-storing sails shall have stoppers. 29) The extent of Vessel repairs and maintenance that may be conducted at the Marina shall be within the sole discretion of the Marina Director. Except for good cause shown, major repairs are not permitted in accord with the Town of Lake Park, Code of Ordinances, Section 75-85. No painting is permitted on docks or piers. Spray painting of any type or nature is not permitted in the Marina. Maintenance carried out by the Tenant shall be limited only to those activities that do not cause harm, noise, or accumulation of debris to the property of the Marina. No modification or alteration of any kind of Slip area by the Tenant is permitted and any such activity is cause for immediate termination of this Agreement. No outside contractors of any type are permitted to work on any Vessels docked at the Marina without the express written authorization of the Marina Director. All contractors working in the Marina shall be licensed, insured and bonded, and satisfactory proof of licensure, bonding, and insurance, shall be provided to the Marina Director before any work is commenced. All insurance policies shall provide that the Town is an additional insured for purposes of the operations of the contractor on the premises of the Marina. 30) Walkways and finger piers shall be kept clear at all times. Storage of loose gear is not permitted on walkways or finger piers. Hoses, electrical cords and telephone cords shall not cross piers or walkways. Charcoal fires are strictly prohibited on all Vessels, dinghies, tenders, inflatable boats, boats, piers and docks. Bait freezers, fish boxes and coolers are not allowed to be stored on walkways, docks or finger piers. Tenant shall acquire or install a dock box unless it is approved in advance by the Marina Director. Tenant hereby authorizes the Marina Director or his designee to remove any unauthorized items. 31) The washing and drying of laundry on finger piers, walkways, decks, rigging or any other location in the Marina or on the Vessel which is visible to the public is prohibited. The finger piers between slips are for the use of Vessels on each side of the finger pier. The Marina Director may require the removal or relocation of private gangways and in no event will a single gangway be allowed to block another Tenant's access to its Vessel. 32) The Tenant shall maintain the Vessel in "ship's shape" at all times, and shall not allow the Vessel to become unsightly, dilapidated or reflect unfavorably upon the appearance standards of the Marina. The decks of all Vessels moored at the Marina shall be kept free and clear of debris, bottles, laundry,papers, trash and unsightly materials at all times. LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT Initialed by Vessel Owner: REVISED 6/01/2016 Previous editions obsolete Page 8 of 10 LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT 33) Advertising for charter Vessels moored at the Marina is permitted. Other than charter opportunities the solicitation of employment, business, and the sale of merchandise or distribution of printed materials at or upon the Marina premises is not permitted. 34) Any violation of the terms and conditions contained herein, or any, disorder, indecorous conduct whether by the Tenant, and/or the Tenant's invitees, guests, agents, contractors or other representatives, as determined by the Marina Director in his sole discretion shall be sufficient cause for the immediate termination of this Agreement without liability to the Town. Upon termination of the Agreement, the Town may cause the immediate removal of the Vessel. 35) SEVERE WEATHER AND OTHER EMERGENCIES: The Town expects Tenant to have made suitable arrangements for safe sheltered anchorage during severe weather including but not limited to tropical depressions or storms, or hurricanes and Tenant warrants such arrangements have or will be made. Tenant may not assume that Marina or its premises will be safe, sheltered anchorage during such period. In the event of impending severe weather, as described above, or other emergency conditions as determined by the Marina Director or the Town, in its sole discretion, reserves the right to move or evacuate the Vessel, or take such other actions as the Town or Marina Director deem appropriate at Tenant's sole risk and expense. UNDERTAKING TO MOVE OR EVACUATE THE VESSEL SHALL NOT BE DEEMED AN ASSUMPTION OF RESPONSIBILITY FOR THE SAFETY, SECURITY, AND CARE OF THE VESSEL BY THE TOWN, OR THE MARINA DIRECTOR, AND THE TOWN SHALL NOT BE DEEMED A BALES OF THE VESSEL. Tenant agrees to reimburse Town for any and all cost it incurs on Tenant's behalf in emergency situations. NOTICE TO VESSEL OWNERS: The Town hereby informs you in the event you fail to remove your Vessel from the Marina promptly after the issuance of a tropical storm warning or hurricane watch for south Florida, from Cape Canaveral through the Florida Keys, in in accordance with Florida State Statute Section 327.59, the Town, its employees or agents is authorized to remove your Vessel, provided the Town determines it can reasonably do so from its Slip or Slips or to take any reasonable actions deemed appropriate by the Town, its employees or agents in order to secure Tenant's Vessel and to protect Marina property, private property, and the environment. Tenant further notified that you may be charged with a reasonable fee for labor and materials or any fees associated with any such action. The Town shall have no liability for damage to property or person resulting from these actions. 36) If Tenant shall hold over or fail to remove his Vessel after the expiration of the Agreement, the Town may at its option deem the Agreement to be automatically renew for a like term. If the Town elects not to renew this Agreement, Tenant after delivery of notice to the Town,be liable to the Marina, in addition to any and all other amounts due hereunder, for double the dockage amount due hereunder until the Vessel is removed as well as the cost and expenses incurred by Marina in removing the Vessel, including, but not limited to reasonable attorney's fees and costs. 37) Notices pursuant to this Agreement shall be served on Tenant at the address listed in this Agreement by hand delivery, email, facsimile, or First Class Mail, or may be posted on Tenant's Vessel. LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT Initialed by Vessel Owner: REVISED 6/01/2016 Previous editions obsolete Page 9 of 10 LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT 38) The Town through the Marina Director may require the Tenant to relocate the Tenant's vessel(s) to an alternate slip location for special events with 30 days' advance notification specifying the approximate dates for relocating the Vessels(s). 39) Tenants who sign an annual, seasonal or monthly Agreement and who fail to remain in the Marina for the entire term of their Agreement shall have their invoices recalculated to the highest appropriate rate. The recalculated rate shall be: the difference between the annual rate adjusted to the monthly rate; or, the seasonal rate adjusted to the monthly rate; or, the monthly rate adjusted to the daily rate, beginning from the commencement date of the Agreement. I HAVE READ THE TERMS SET FORTH IN THIS AGREEMENT AND UNDERSTAND ALL RULES AND REGULATIONS. I AM ACTING AS TENANT OR HAVE BEEN AUTHORIZED BY THE TENANT TO ENTER INTO THIS AGREEMENT. I UNDERSTAND THAT THE TOWN OF LAKE PARK SHALL HAVE A LIEN UNDER BOTH STATE AND FEDERAL LAW, INCLUDING SPECIFICALLY A FEDERAL MARITIME LIEN AGAINST THE VESSEL WHICH IS THE SUBJECT OF THIS AGREEMENT FOR ALL UNPAID CHARGES AND I HEREBY GIVE PERMISSION FOR THE TOWN OF LAKE PARK TO HOLD THE VESSEL BY ANY MEANS NECESSARY UNTIL SUCH CHARGES ARE PAID IN FULL. IN WITNESS THEREOF, the parties hereto have affixed their signatures on the above first written. TOWN OF LAKE PARK TENANT By: By: Marina Director Date: Date: LAKE PARK HARBOR MARINA DOCKAGE AGREEMENT Initialed by Vessel Owner: REVISED 6/01/2016 Previous editions obsolete Page 10 of 10 0��lviera @ Riviera Beach City Marina For COOmRaany Use 200 E. 1311,Street Riviera Beach,Florida 33404 cusT.# RACK/SLIP# Telephone:(561)842-7806 BOAT# at tea` This Lease and Service Agreement("Lease")is entered into by and between Seven Kings Management, Inc.,a Florida corporation,("Seven Kings")for and on behalf of the City of Riviera Beach,a municipal corporation existing under the laws of the State of Florida("City"),as City's authorized agent and solely in its capacity as the management company for the Premises(as defined below)(hereafter collectively Seven Kings and City referred to as"Company"),the vessel listed below in rem("Vessel"),and the Vessel owner,and interested party(if applicable),set forth below(collectively"Owner"). The marina and property subject to this Lease is located at 200 E. 13th Street,Riviera Beach,Florida("Premises").The terms and conditions ("Terms and Conditions")of this Lease govern Owner's use of racks,slips and associated marina facilities located on the Premises. A. OWNER Name(s): Home Phone:( ) (if Vessel owner is an entity,must also include name of individual as an interested party,to sign below and be bound by the Lease,and included as-Owner-herein) Address: Business Phone:( )_ City: _State: Zip: Cell Phone:( ) E-Mail: _D.O.B. Billing Address: City: State: Zip: Notify in case of emergency:Name: Phone:( ) B. VESSEL Name: Make: Model: Year: Registration/Documentation No. BIN Color: Length Overall: Beam: Draft: Height Overall: Gas: Diesel: Inboard:=Outboard: ower:=Sail: Coast Guard approved Head(required):(yes/no) ❑✓ ❑ C. VESSEL INSURANCE(PROOF REQUIRED;Certificate of insurance must be provided and remain current) Carrier: Policy No. Agent Name: Phone No.( )D. RACK/SLIP LEASE RATE PER FOOT[Quoted by the Month,Except for Daily Rate] ANNUAL RATE$ SEASONAL RATE$ MONTHLY RATE$ DAILY RATE$ Rack/Slip Use Commencement Date: Date Initial Term of Lease Expires: E. EfMqTRIC 30Amp _=50Amp _❑Meter N/A Rack/Slip Charges:$ Utilities Charges:$ F. RENT(per month,week,or day,as applicable) (;fslde�d,ueliee,6i,,,d,eP ly@po,kd laze) Applicable Sales Tax:$ RENT(Cash/MO/Check/Credit Card):$ Rent(including applicable sales tax)is payable monthly,in advance,on the first of the month,and is considered late on and after the second of the month (except for leases less than a month,in which case Rent is due simultaneously with the execution of this Lease,and each renewal thereof,and considered late on the day after). In addition to Rent,there shall be a Utilities Charge invoiced to Owner,at the posted rate as]nay be amended from tune to tune,which shall be due and payable simultaneously with Rent. The"Utilities Charge"shall include,but is not necessarily limited to nor are the same necessarily provided at the marina or slip,electric,water,sewer,trash pickup,pump-out service,cable and/or other similar services,as]nay be offered at the facility and to the slip from time to tune. Certain govermnental and other agency fees,charges,permits,and assessments affecting the Premises may be invoiced to Owner,which may include,by way of example but not limitation,as applicable,submerged land lease fees,manatee protection fees,and environmental regulatory fees,and shall be included as Rent. A security deposit in the amount of$ is required upon execution of this Lease. The security deposit shall be held until Company has verified that no outstanding debt or damage claiun is owed by Owner;if there is no outstanding debt or damage claim the security deposit will be returned to Owner,unless directed otherwise,in writing, by Owner to return the security deposit to another party. If there remains an outstanding debt ten(10)days after the expiration or termination of the Lease,Company may,at its discretion,at any time thereafter apply the security deposit to that outstanding debt,and Owner will remain responsible for any deficiency remaining for any outstanding debt or damage claiun. Live-aboards are not permitted. DO NOT SIGN UNTIL YOU HAVE READ BOTH SIDES AND UNDERSTAND ALL TERMS AND CONDITIONS OF THIS LEASE. BY SIGNING THIS LEASE,OWNER EXPRESSLY AGREES TO ABIDE BY ALL OF ITS TERMS AND CONDITIONS. AGREED TO AND EFFECTIVE THIS DAY OF ,20 Signature(s): (1) (2) OWNER(S)(or OWNER'S authorized agent) AUTHORIZED REPRESENTATIVE FOR COMPANY NOTICE TO OWNER Company hereby informs you that in the event you fail to remove the Vessel from the Premises within 8 hours after the issuance of a tropical storm or hurricane watch for the County or area in which the Premises are located,under Florida Law Company,its employees or agents are authorized,but not obligated,to remove the Vessel from its slip and/or take any and all other reasonable actions deemed appropriate by Company or its employees or agents,in their sole discretion,in order to better secure the Vessel and to protect marina property,private property,other vessels,and the environment.You are further notified that you will be responsible for any resulting damage and may be charged a reasonable fee for any such action. Your obligations under the terns of this Lease begin on the date this Lease is signed. Please remember that you are responsible for the full tern of your Lease. In the event the Lease is terminated prior to the end of your lease tern Company,in its sole discretion,may assess liquidated damages in the form of a Termination Fee,as defined in clause 18.1 and 18.2 herein,in addition to any and all other sums due prior to your departure.If further action is required,all costs listed in clause 15 herein shall apply. ADDITIONAL TERMS AND CONDITIONS 1. tinder this Lease,Company agrees to provide Owner use of an assigned rack or slip and associated marina facilities in exchange for a fee.It is contractually agreed by Owner that this Lease does not create a bailment relationship between Owner and Company for the Vessel,its equipment,or personal effects on the Vessel,all of which are agreed will at all times remain within the custody and control of Owner and not Company. Vessel keys may be left with Company for the convenience of Owner,and Company may otherwise give miscellaneous assistance to Owner,but it is agreed that this will not constitute the creation of either an agency or a bailment relationship between Owner and Company. 2COMPANY'S RACKS,SLIPS AND ASSOCIATED MARINA FACILITIES AND EQUIPMENT ARE TO BE USED BY OWNER AT OWNER'S SOLE RISK. 2.1 OWNER RELEASES AND WAIVES ANY AND ALL CLAIMS AGAINST COMPANY(INCL.CITY AND SEVEN KINGS),AND ITS MANAGEMENT,OFFICERS,EMPLOYEES, REPRESENTATIVES,AND AGENTS FOR ANY LOSS(INCLUDING THEFT),DAMAGE OR DESTRUCTION BY FIRE,WINDSTORM,WATER,OR OTHERWISE TO THE VESSEL, THE VESSEL'S EQUIPMENT,OR PERSONAL EFFECTS ON THE VESSEL,EVEN IF SUCH LOSS,DAMAGE,OR DESTRUCTION IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE,OR OTHERWISE,OF COMPANY(INCL.CITY AND SEVEN KINGS),AND ITS MANAGEMENT,OFFICERS,EMPLOYEES OR AGENTS. 2.2 OWNER RELEASES AND WAIVES ANY AND ALL CLAIMS AGAINST COMPANY(INCL.CITY AND SEVEN KINGS),AND ITS MANAGEMENT,OFFICERS,EMPLOYEES, REPRESENTATIVES,AND AGENTS FOR BODILY INJURY,PERSONAL INJURY OR OTHER HARM (INCLUDING DEATH)TO OWNER, OWNER'S GUESTS,FAMILY, EMPLOYEES,REPRESENTATIVES,AND AGENTS,WHILE ON THE PREMISES,EVEN IF SUCH BODILY INJURY,PERSONAL INJURY OR OTHER HARM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE,OR OTHERWISE,OF COMPANY(INCL.CITY AND SEVEN KINGS),AND ITS MANAGEMENT,OFFICERS,EMPLOYEES OR AGENTS. 2.3 OWNER SHALL DEFEND,INDEMNIFY AND HOLD COMPANY(INCL.CITY AND SEVEN KINGS),AND ITS MANAGEMENT,OFFICERS,EMPLOYEES,REPRESENTATIVES, AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS,ACTIONS,LIABILITIES AND DAMAGES FOR INJURY TO PERSONS(INCLUDING DEATH)OR DAMAGE TO PROPERTY ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE OF COMPANY'S RACKS,SLIPS AND ASSOCIATED MARINA FACILITIES AND EQUIPMENT BY OWNER,OWNER'S GUESTS,FAMILY,EMPLOYEES,REPRESENTATIVES,AND AGENTS,EVEN IF SUCH CLAIMS,ACTIONS,LIABILITIES AND DAMAGES ARE FOR LOSS, DAMAGE,INJURY OR HARM CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF COMPANY(INCL.CITY AND SEVEN KINGS),OR ITS MANAGEMENT,OFFICERS, EMPLOYEES OR AGENTS. 2.4 THIS CLAUSE 2 REFLECTS AN AGREED CONTRACTUAL ALLOCATION OF RISKS BETWEEN THE PARTIES WHEREBY OWNER AGREES TO LOOK SOLELY TO OWNER AND OWNER'S OWN INSURER AS TO RISKS ASSOCIATED WITH THE USE OF COMPANY'S RACKS,SLIPS AND ASSOCIATED MARINA FACILITIES AND EQUIPMENT. SEE REVERSE FOR ADDITIONAL TERMS AND CONDITIONS ADDITIONAL TERMS AND CONDITIONS(Continued from Page One) 3. Owner agrees that Owner and all of Owner's guests,family,employees,representatives,and herein,in any way.Owner agrees to and shall pay Company's reasonable attorney's fees(if I.- agents shall comply with all applicable federal,state.Local and,if existing,....dation,laws,rules house counsel$225 per hour shall be assessed;S outside counsel their standard hourly rates and regulations,11 as any restriction imposed by any governor I body.,authority.Owner shall apply),..,,t costs,and other related expenses(including but not limited to:certified further agrees that Owner and all of Owner's guests,family,employees,representatives,and mailings,31'parry debt reporting or collecting current address/stip reports,and costs in urged agents shall.amply with Company's`Dockside Procedures,"the Autho i�d Users Form."and all I. dation with hiring a 3-'parry boat repossession Company,pursuant to Company's lien other policies,rules and regulations in existence and as the same may be changed Gam time to rights under clause 11 herein,S the Vessel departs the marina with any unpaid obligations). Uby Company,all of which ar orp...ted herein by reference. Persons listed on the 16. OHF,FEBV WArves O-M's RM.T To A JV TIUAL. Authorized Users Form are specifically granted permission by Owner to use the Vessel To delete 17. The Terms and Conditions of this Lease,including the Rack/Slip Charge,may be unilaterally radd a person on the Authorized Users F.rm,Owner must deliver to Company a written notice ended by Company at any time.Company's amendments m the Terms and Conditions take specifying the person who is to be removed or added to the Authorized Users Form for the Vessel. effect(30)thirty days,or such Longer time as may be provided by Company,after written notice of NotwithsLnding the above.Owner agrees,ackmowledges and under d,that Company does the amendments are hand delivered,e-mailed or mailed to Owner at the address printed on the not warrant tl-t unauthorized persons will not board the Vessel and Company shall not be top of the first page of this Lease.Owner can elect to terminate this Lease if Company makes esponsible for any unauthorized person boarding the Vessel. Ibi- is to the Terms and Conditions tl-t materially change the responsibilities and 4. Owner represents that all information given to Company by Owner and listed in this Lease o obligations of Owner.T.do so,Owner must deliver by U.S.certified or registered mail,return otherwise provided to Company,including credit card informatioq is .uratean , d agrees to ec eipt requested,a written notice of termination("Permination Notice'`)to Company before the notify Company within ten(10)days ifany information provided by 0,i,dged or otherwise date the amendments to the Terms and Conditions Lke effect If Owner timely delivers the urate.Owner further agrees to cause the Vesselto be removed from the Premises immediately Termination Notice to Company pursuant to this clause,the Lease will terminate on the Last day upon any change in ownership of the Vessel,unless a new Lease is executed between Company of the next calendar month fallowing the month Company receives the Termination Notice.F.r and the new owner.Removal of the Vessel under these oiroumstanoes shall nottermi-te Owner's ample,S Owner delivers the Termination Notice on November 151,the Lease will terminate on obligation to fully pay all amounts due through the end of the term of this Lease. December 31x.Amendments to Company's Dockside Pmoedures are excluded from this d- 5. Outside contractors deingwork on the Vessel and yacht broker salespeople shall not be permitted and amendments to Dockside Procedures do not entitle Owner to terminate pursuant to this n the Premises without prior consent of Company.Company ,may charge,in its discretion,a fee clause. to outside contractors desiring to do work on the Premises. Owner is permitted to perform,0 18. Except as,.ted in clauses 17&19,Owner does not have aright to terminate or cancel this Lease. haveperformed,Drily routine maintenance and cleaning to the Vessel on the Premises. Owner Company reserves the right to terminate this Lease at any time with thirty(30)days written notice, shall not do any work on the Vessel,or allow any actions whatsoever,which cause a disturbance for any reason,or for no stated reason,or such shorter period of time as permitted in this Lease to the peaceful use of the Premises by other vessel owners,their family and guests. or the Dcekside Procedures. Company may immediately terminate the Lease if Owner violates 6. Subleasing of racks or slips by Owner is not permitted. Owner is prohibited from storing or any Dcekside Procedurejeopardizes in Company's sole discretion,the health,safety or welfare Locating any vessel other than the Vessel described herein m the rack or slip Leased under His of Company,the Premises or any other customer,guest or other vessel To terminate this Lease, Lease. Company reserves the right to Lease all racks or slips when vacant Owner acknowledges Company may hand deliver,mail via U.S.Mail postage prepaid or via overnight mail to Owner at tl,t Company may re sign and m e the Vessel to a different rack o slip at any time at the address printed on the top of the first page of this Lease a vritL notice of termination Company's discretion. Company shall further have the right to require therremoval of the Vessel ("Company's Termite tion Notice'`of this Lease.If Company terminates this Lease pursuant to from the Marina for a period of time not to",t-(10)days by providing Owner no Less than His clause,Owner remains responsible for all sums due to Company under His Lease,with Rent tz (30)days prior notice,which notice and temporary removal shall not affect the term of the prorated based on the termination date or the date the Vessel is re oved Gam the Premises, Lease or terminate same and Rent shall be prorated for such period of time Company requires the whichever is later.If Owner has not removed the Vessel on or before the date set forth in the Vessel to be removed from the Marina.Clauses 1&2 ffiy apply any time action is taken by Company's Termination Notice,Company may increase the Rent to the daily transient rate then Company in accordance with the authotity afforded by this elause. applicable.Company may,but shall not be required to,cause tine Vessel to be moved and to be 7. Owner is esponsible for properly securing the Vessel in thespaded in Company's red,berthed or stored in then of Owner at any other place at the,de discretion of Dcekside Procedures,as the same may be changed from time to time by Company. Owner is Company,and Owner shall pay(.,-imburse to Company,a applicable)all fees,costs and further responsible for checking at Least once a week for new additions. d-to the charges incurred in.ormection therewith. Clauses 1&2 Elly apply any time aMion is taken Dcekside Procedures. Owner shall mainLin the Vessel in a safe.o ndition so that it will not by Company in accordance with the authority af.t&dby this.1...e.Owner frther agrees became a hazard to oth-vessels or the Premises. Owner shall be liable for any damage to other clauses 1&2 shah continue in effeot and inure to the benefit of persons or entities who I,or to any part of the Premises,i..l dingbutnot limited to docks,pilings,plumbing,wiring have removed and stored the Vessel after removal from the Premises. and other equipment,and machinery,caused by the Vessel,by Leaking of fuels,ails or any Liquids 18.1.Termination Fee-Annual and Seasonal Leases.If Owner's aoo Dunt,on Hush or from the Vessel,or by Owner or Owner's guests,family,employees,representatives,or agents. enol Lease,ever becomes 60-days past due Company may terminate this Lea i mediately. S. Owner shall be safely responsible for the proper operating.o ndit o of the Vessel,the Vessel's If Company terminates the Lease under tiis provision,or if Owner terminates the Lease early, equipment and for the a s fu s e docking and safekeepinessel wner g of the V011 Company may,in its sole discretion,car hge Owner a Termination Fee equal to the Lesser of(i) esponsibility to ensure that all through-hull fittings and drain plugs are properly closed before three times Owner's Rent,or(ii)what Owner would owe if the Lease were--l--d. the Vessel is placed in the water by Company. Owner shall be safely responsible for removing 18.2.Termination Fee-Month-to-Month(or shorter term)Lease.If Owner's ao count,on a drain plugs to allow drainage when the Vessel is stored out of the water,and Owner shall remain oath-to-month or shorter term Lease,ever becomes 30-days past due Company may terminate so Lely responsible to ensure that the Vessel is properly watertight before it is placed in the water. tiis Lease immediately. If Company terminates the Lease under this provision,or S 0, 9. Company will only haul or launch vessels during its normal operating hours. Company will use terminates the Lease early,Company may,in its sale discretion,charge Owner a Termination Fee noble efforts toor Launch the Ves I,,,hen requested,but due to congestion and normal equal to term of the Lease(i.e.for month-to-month term the termination Eee shall be equal to one business operations,it may not be possible to haul or Launch at the time requested by Owner. oath's rent,io addition to! Durrant rent due). Ownerspecifically waives any claim for damages for being unable to use the Vessel at a requested 19. Automatic Renewal Upon expiration of the initial term of this Lease,the Lease shall automatically time. and continue on a month-to-month basis at(a)the then-current posted--thly rent rate 10. Owner agrees to pay promptly when due all sums due under or by reason of this Lease,including or(b)the rateted on this Lease,whichever amount is higher,uble Owner notifies Company, but not limited to Rent,utilities,fees,Les,charges on account,charges for fuel,ship stores, I.writing at Least 30 days oto the expiration of the initial term of this Lease S anI or supplies and materials,any other sums owed in connection with Owner's use of the facilities .nal Lease(15 days prior to the expiration of the initial term if,montiily Lease;Leases in Located on the Premises,and by reason of any damage or other claims by Company against Owner duration of Less than one month shall automatically renew on a day-t.-day basis at the then daily or the Vessel Owner agrees to pay all such sums in urged whether by Owner,the Vessel or rate until written notice is provided)that Owner does not want to renew the Lease.If the Lease is Owner's employees,guests,invitees,agents or authorized repres tine,. automatically r awed as provided herein. Owner may terminate this Lease thereafter by 10.1. Rent and utilities payments must physically be received at Company's address on or before delivering to Company,in writing via hand delivery or U.S.certified or registered mail,return the date due(e.g.for annual,seasonal and monthly terms Rent and utilities are due on the Ix of eceipt requested,Owner's notice of termination(`iCwner's Termite tion Notice`)at least 15 days the month and payment must be received on or before that date).Time is of the essence.Rent prior to the end of the then-ourrent toren. If Owner's Terni-tion Notice is received after said payments must be made by a single check,a single money order,by cash,or by credit card, date,then the termination will be effective on the Last day of the acct monthly term.For example, subject to the requirements of clause 10.2.below.Rent and utilities payments made after the date if the automatically renewed--thly term ends on November 301,and Owner delivers Owner's due are considered late payments('Late Payment'`).All Late Payments must be made by cashier', Termination Notice on November 161,the Lease will terminate on December 31x,the Last day of check or money order,accept as provided in clause 10.2.below.A$40.00 late fee shall be added the acct - term. to Late Payments received after the 7th of the month.Any balance war tiirty(30)days Late shall, 20. If more than one party signs this Lease as Owner,all of such parties shall bejeintly and severally n addition,be subject to a 10%f-for each month Late based on the outstanding account balance. liable for the performance of all obligations of Owner hereunder and shall be bound by all of the If a oheok is dishonored(eluding without]imitation oheoksdas`insufficient funds'or Terms and Conditions hereof.This Lease shall be interpreted inordance with and governed by `S Voted fundg�by Owner's financial institution,Owner must pay Company a service charge the Laws of the State of Florida and Federal General Maritime I-.as applicable.Any disputes of$75.00 plus any other charges and penalties a sed against Company o authorized by ti,ibg under the Lease shall exclusively be brought in urt sitting in Palm Beach County, Florida law.If hyo of Owner's oheoks are dishonored,Owner must pay future Rent and utilities Florida.Failure of Company to enforce any provision or violation of the Lease shall not be deemed payments by cashier's oheok or money order for the duration of the Lease,except as provided in r of Company's right to-fsubsequent or continuing violations of the same or any clause 10.2.below.Company is not required to re-deposit a dishonored check.If the initial term other provision. of this Lease commences on a day other than the first of the month,a prorated Rent and the next 21. In the event any provision of this Lease is held to be unenforceable,the remainder of this Lease full month's Rent must be paid m Company before Owner brings the Vessel onto the Premises. shall be undisturbed and remain in full force and effect Owner must pay Company any sales and other taxes,which are due on Owner's Rent,utility 22. This Lease constitutes the entire understanding between the parties. No other representations, payments and all other applicable fees or charges.All payments received from Owner will first be agreements or understandings,whether written or oral,except as herein expressly set forth,have applied to the oldest outstanding balance,if any. been made or relied on by either parry.This Lease cermet be amended o modified accept by 10.2. Owner may pay Rent,utilities and other charges by credit card at the commencement of written agreement, igbed by Company,before or during the term of this Lease,which writing tiis Lease,or at any time throughout the term of this Lease,as Long as Owner completes and ,p_ifi_11y states that it is an amendment or mad cation hereto. signs the separate"Credit Card Authorization"statmg that Company may,automatically,charge 23. Owner may not assign Owner's interest in this Lease;Company may assign its interest in this Owner's credit card for the full amount of Rent,utilities,any Late Payments,and any other Lease in its sale discretion. unts owed to Company by Ownerincluding , not but Limitsecurity ed to deposits,m 24. In ons cideration of the execution of the Lease by Company,Owner accepts this Lease subject to ,to.e,,fuel,other goads or services provided to Owner by or at the expense of Company,interest, any deeds of.o nveyance and any deeds of trust,master Leases,security interests or mortgages penalties,termination fees,and any other charges provided for or allowed under the Terms and and all re ewals,mod cations,extension,,. solidations and replacements of the foregoing Conditions oEthis Lease.Company may,aummatioally,charge Owner's credit card for these items which might now or hereafter.o nstitute a lien -the Premises,o improvements therein or regardless of how many people are parties to the Lease,and Company is not required,in any thereon,and to z Hing ordina and other building and fire ordinances and governmental ant,to itemize the cost of any of the charges listed in this sub-clause,including but not limited regulations relating to the use of the Premises.Although no instruments or acts on the part of to Rent,utilities,Late Payments,or security deposit payments. Owner shall be n eery to effectuate such subordination,Owner shall,n•ertheless,for the I I. Owner hereby grants to Company alien on the Vessel,its equipment,and any personal effects for purpose of.ontirmation at any time hereafter,on demand in the form(,)pre,gibed by Company, any fees or obligation,payable under thi,Lease which are not paid to Company when due,and acute any instruments,estoppel certificates,release,or other documents that may be requested Company may pursue all Legal,equi.ble,and admiralty remedies to perf-tsaid lien and foreclose required by any purchaser o any holder of any security for the purpose of subjecting and any other lien,on the Vessel. The right of enforcement of the Lien herein granted to Company subordinating tiis Lease to such deed or conveyance or to the lien of any such deed of trust, ,hall be c l,tive to any and all other rights and remedies to Company hereunder o aster Lease,security interest,mortgage,or superior interest.Owner hereby appoints Company action herewith,including but not limited to enforcement of maritime lien,for dockage, ,its attorney-in-fact to-c to and deliveryh instrument or document for Owner should salvage,supplies and/or other goads or services provided to the Vessel by Company under the Owner fail or refuse to do so.Owner expressly agrees Owner has no right to revoke its appointment laws of the State of Florida and/or Federal General Maritime law.Owner remains personally liable of Company as attorney-in-fact a„pacified in this clause. to the extent enforcement of Company's lien rights do not satisfy all debts owed by Owner and the 25. If any portion of Owner's se.udty deposit remains unclaimed at the expiration or termination of Vessel under this Lease.Owner agrees tl-t Company may retain the Vessel at the Premise,by the Lease,Company may continue to service the account(e.g.run skip trace,mail Letters,attempt chains repossession,or other means until such time a,all amounts owed to Company by Owner phone call,,etc.)for a$30.00--thly charge which shall be applied against the security deposit I—been paid in full.NONPAYMENT OF RENT,UTILITIES CHARGES,OR OTHER CHARGES 26. Time is of the essence with each and every provision of this Lease. OWED SHALL AUTHORIZE COMPANY TO SELL THE VESSEL AT A NON-JUDICIAL SALE IN 27. Owner agrees to take all actions set forth in Company's Dockside Procedures io the securing of ACCORDANCE WITH SECTION 328.17,FLORIDA STATUTES,AS AMENDED,FOR WHICH the Vessel when hurricanes, tropical storms o other,e weather threaten,the a OWNER AGREES TO BE NOTIFIED AT OWNER'S ADDRESS PRINTED AT THE TOP OF THE ompassing the Premises.Clauses 1&2 flly apply any time action is taken by Company FIRST PAGE OF THIS LEASE AND THAT SAID NOTIFICATION BY U.S.MAIL POSTAGE .ordance with the authority afforded by this elause.Owner further agrees clauses 1& PREPAID SHALL SUFFICE AS NOTIFICATION FOR THIS PURPOSE. 2 shah continue in effect and inure to the benefit of persons or entities assisting Company 12. Owner shall maintain in ce for the Vessel during tterm of teof this Lease.o, eying hull and wing or securing Owner's Vessel If Owner i,assigned a wet slip in the Premise,tl-t i, hi._,.-d liability torothers,in a form and amount acceptable to Company.Owner shall ,oto hurricane protected marina,as determined by Company.Owner affirm,tl-t,prior to signing provide a Certificate of Insurance to Company at the commencement of tiis Lease and hereby tiis Lease Owner has a hurricane plan that includes a secure location,outside the Premises, authorizes Company to oontaot Owner's ins oe Company a,Company deems appropriate to where Owner will move the Vessel in the case of a hurricane.If,during any hurricane,the Vessel rage re n place and cu ant and that all notices are provided to Company. not removed and the Vessel causes property damage to the Premise,or other vessel,,Owner Owner shall further pr iide an updated Certificate of Insurance(or copy of new policy)any time shall be held responsible and Liable for same. wn Oer's ins ge i,renewed or can hges while this Lease i,in effect 28. Fk time to time Owner may be eligible to participate in a reciprocal use program with marina 13. Owner shall ensra ure tl-t the Vessel does not discharge pollutants into the waters in and around operating under the trade na of Loggerhead Marina ariation thereof,("Loggerhead's, the Premise,and does not cause any environmental damage whatsoever If Company observes a allowing Owner and Vessel to use a slip at a Loggerhead marina for a limited period of time. In e of pelluLnt discharge or environmental damage frem the Vessel,then Company may,at its the event Owner participate,in the reciprecal use program,Owner agrees tl,t in uch event sale discretion,undertake efforts to stop the source of the problem by boarding the Vessel and Loggerhead shall be treated as a party to this Lease,with Loggerhead having all rights,privileges takingUM-move or secure the Vessel.,top or.ontrol the problem.Company has the right, and remedies set forth herein against Owner and Vessel relating to the use of the Loggerhead but not the obligation,to move or secure the Vessel to stop or control discharge of pollutants or . Owner shall be responsible for paying all applicable services relating to Owner's use at ental damage.Company shall be entitled to r imbursement for its expenses for any the Loggerhead m mdodiog but in way limited to,utility services. Owner's failure to and materials provided by or on behalf of Company in undertaking such efforts.Whether depart the Loggerhead m na pursuant to the reciprocal use guideline,,hall result in Owner to neo e the authority afforded by this clause is,a1e1y within Company's discretion,and being responsible foror nrent to Loggerhead,in addition to the Rent due Company under this Lease, Company does ot guarantee Owner tl-t Company will movesecure , Lke any actio-Thi, at Loggerhead's then current daily transient rate. clauseshall notwaive or release Owner's obligations for the Vessel.Clauses 1&2 ffiy apply 29. Nothing in this Lease shall be deemed to waive,n nstitute a waiver of sovereign immunity any time action is taken by Company in accordance with the authority afforded by this and same,hall continue to apply to tire fullest extent permitted by Law. elause. 30. DISCLOSURE OF ADDITIONAL DOCUMENTS. Owner a.kbow,l,dge the following documents 14. Owner admowl,dge,and understand,that Company may,from time to time,take photographs, have been made available for Owner's r and ar available at the Premises:Dcekside videos,and other images offl-marina and related facilities,which may include Owner,the Vessel, Procedures,Storm Storage P.licy,Consent&Appointment of Authorized Agent,Authorized User and Owner's guests,family,employees,agents,and-pti,. Owner,on behalf of Owner Designation Form,Manatee Awareness,and such other form,and documents applicable to the and Owner's guests,family,employee,,agents,and representatives,.o nsents to Company's,and Premise,and the marina. All such form,,documents,and disclosure,are incorporated herein its successors and/or ,signs,u and reproduction of any images of Owner,the Vessel,and by reference and are,ubj-t to change in Company's sole and absolute discretion. Owner's guests,family,employees,agents,and representative,,taken while on or about the O O Premise,,without further consrd-,tio-.ompensatio-or notice,and hereby authorizes and Owner's(s'17 Initials Here P,,-it' Company to use the same for advertising,promotional and other purposes a,Company deems appropriate in its sole and absolute discretion. Owner agree,and under d,Company will own all,uch images,and all rights related to them,all of which,hall.o n,titute Company's 31. SPECIAL CONDITIONS(CI.-,not valid Vh-t Cornpayf signN below{ ,ale,complete and exclusive property.Company shall continue to have the right toh images and how it deems appropriate,even after this Lease expire,or i,otherwise terminated 15. In the-"'tit became,necessary for Company to in expenses or utilize counsel to enforce any obligation,owed,under o referred to in this Leaser;to enforce any provision of tiis Lease, X including Company's Dockside Procedures,or otherwise Lke Legal-6-to enforce its rights AUTHORIZED REPRESENTATIVE(only applsabl,to clause 31;cl--not valid- s0tzFr ADDENDUM TO LEASE AND SERVICE AGREEMENT THIS ADDENDUM TO LEASE AND SERVICE AGREEMENT("Addendum")is entered into by and between Company and Owner, as such terms are defined in the Lease and Service Agreement ("Lease")entered into by the parties on even date herewith. WITNESSETH: WHEREAS,on even date herewith,Company and Owner entered into that certain Lease whereby Owner leased from Company certain slips from Company at Company's Premises described in, and pursuant to the terms and conditions of,the Lease;and WHEREAS,the parties desire to amend certain provisions of the Lease but to otherwise continue the Lease in full force and effect. NOW,THEREFORE,in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties agree to amend the Lease as follows: 1. Owner hereby leases from Company, and Company hereby leases to Owner,that certain slip(s) shown on Exhibit"1" attached hereto and made a part hereof("Slip") at Company's marina located at 200 E. 1311'Street,Riviera Beach,Florida,("Company's Marina")for a period of one(1)year,beginning ,202 ,and ending 202 2. Owner shall pay to Company each month during the teen of the Lease in advance, without demand or setoff,the following amounts: a. $ per foot based on the slip or vessel length,whichever is longer,plus applicable sales tax, ("Base Rent")which amount shall be paid on or before the first(I") day of each month and shall be deemed late if not paid on or before the fifth(5')day of each month;and b. $3.00 per Customer (as defined below) per month, based on the Customer visit totals from the prior month,plus applicable sales tax,("Additional Rent")which reporting infonnation and Additional Rent shall be submitted,along with a summary report of the Customer visits for the prior period in a format acceptable to Company,and paid to Company on or before the tenth (10')day of each month and shall be deemed late if not paid on or before the fifteenth(15')day of each month. A"Customer"shall mean an individual that uses the services of Owner,either by way of a fee or as a guest, with each use by an individual in any day counting towards the Additional Rent calculations due herein. Owner shall submit such Customer visit information to Company daily in a format acceptable to Company. For purposes of the Lease, the term Rent shall mean and include both Base Rent and Additional Rent,together with Utilities Charges. C. Simultaneously with the payment of Base Rent, Owner shall pay to Company Utilities Charges,as that term is described in the Lease,which shall be charged at Company's current posted rates, plus applicable sales tax,as the same may be changed by Company from time to time. 3. The parties may extend this Lease by written letter agreement, signed by both parties. Any extension hereunder shall be subject to all other terms and conditions in the Lease and this Addendum, and this provision is not intended to,nor shall it be interpreted to,modify any other right or obligation of a party set forth elsewhere in the Lease or this Addendum. 4. Upon the prior written authorization of Company, Owner may dock different vessels in the Slip. All vessels shall be of a size that can be accommodated by the Slip and shall not interfere with the use or operation of Company's Marina and surrounding areas and waters by Company or Company's tenants, customers,guests,employees or agents. 5. Company hereby reserves, and shall have, the right, at any time and in its sole discretion, to relocate any of Owner's Slip assignments, so long as the newly assigned slip is of a size comparable to that of the prior slip assignment. Such relocation shall in no way modify the rent due from Owner under the terms of the Lease unless the newly assigned slip is of a different size,in which case Owner shall pay rent based on the slip size of the newly assigned slip (or vessel size if greater than new slip size) less applicable discounts,if any. 6. The parties acknowledge that Owner may have guests and other invitees on or about Company's Premises from time to time,and therefore the parties agree that in addition to the insurance requirements for all Vessels set forth in the Lease, Owner shall further maintain at all times during the Lease commercial general liability insurance, with personal injury liability coverage and liability coverage, naming Company as an additional insured,in amounts not less than Two Million Dollars($2,000,000.00) Page 1 of 2 for injury or death in any one occurrence and One Million Dollars ($1,000,000.00) for damage to property. Owner hereby, in addition to any provision of the Lease, releases and waives, and holds Company harmless from, any claim against Company,its employees, agents,officers,directors,partners and other affiliates from any liability, including negligence, resulting from or out of, either directly or indirectly, in whole or in part, Owner, or Owner's guests, invitees, agents, employees, officers, consultants, contractors or assigns,use,operation or enjoyment of Company's Premises. This provision is in addition to,and not in lieu of or otherwise modifying,the terms,conditions and requirements of the Lease. 7. The term "vessel" or "vessels", as used in the Lease and in this Addendum, shall include and refer to any and all vessels Owner dock at Company's Marina at any time during the term of this Lease. The use of the singular or plural of this term in the Lease and this Addendum shall be interchangeable and refer and include all Owner's vessels docked at Company's marina during and pursuant to the terms of this Lease. 8. The provisions of the Lease relating to reciprocal privileges,as amended, shall not be applicable to this Lease. Owner shall have no right to use Company's reciprocal rights program,as the same may be amended from time to time,unless Company agrees otherwise,in writing,which such agreement may be withheld or granted in Company's sole discretion. 9. The parties hereto represent and warrant that each has the authority to enter into this Addendum, that the signatories hereto are authorized representatives of the Company and Owner, respectively, empowered by each respective entity to execute this Addendum and that this Addendum and the Lease shall be binding on each party. 10. Except as set forth herein,all terms,covenants and provisions of the Lease are,and shall remain, in full force and effect,and binding on Company and Owner. IN WITNESS WHEREOF,the parties hereto have executed this Addendum on the date herein above. City of Riviera Beach,a municipal corporation existing under the laws of the State of Florida, By: By: on behalf of Seven Kings Management,Inc., Its: as its authorized agent and in its capacity as the management company for the Premises Page 2 of 2 Dockside Procedures 1. The Rules of the Road and the Navigation Laws of the United States apply to all vessels approaching or leaving the Marina facility. 2. Utility charges arc identified in paragraph six of the LEASE AND SERVICE AGREEMENT including but not necessarily limited to, charges,where applicable,for electric,water, sewage, trash pick-up and cable TV. Water, sewage, trash pick-up and cable TV services arc not individually metered. Therefore, in determining the charge to be billed to the tenants, we arc required to apportion the utility charges for each of said utility services to the individual tenant. Utility fees to cover all above-mentioned services arc billed at a single rate. That rate is applied to the kWh usage of electric for the period or has been determined as a flat rate per day, week or month, regardless of specific consumption of those elements. 3. Noise must always be kept to a minimum. Vessel Owners, their guests and other authorized persons must use discretion in the operation of generators, engines and other power equipment so as not to create unreasonable noise. 4. The extent of vessel repairs and maintenance at the Marina is at the discretion of the Marina Manager. Major repairs arc generally not permitted. No painting is permitted on the boats or docks. 5. Walkways and finger piers are always to be kept clear. Storage of loose gear is not permitted on walkways or finger piers. Hoses, electrical cords and telephone cords should not cross piers or walkways. Charcoal fires arc never permitted on the boats or docks. 6. Refuse and garbage must not be disposed of overboard. Garbage should be placed in plastic bags and deposited in the containers provided. Holding tanks must be used for discharge of all heads aboard the vessel. Pump-out facilities may be provided at the individual slips and/or main fuel dock. Federal regulations prevent discharging of vessels sanitary facilities within the Marina and surrounding waters. Marina Manager is authorized to board a vessel to inspect holding tanks and to test their operation with dye if necessary. No person shall discharge into the Marina waters or dispose into garbage containers any oil, spirits, oily bilge water, storage batteries, or coolants. They arc the responsibility of the Vessel Owner to be removed from the Marina and disposed of per State and Federal Regulations. If not properly disposed of by Vessel Owner, a fine may be imposed by governmental authorities. Moreover, in this circumstance the Marina has the right to cause the vessel to be removed from the Marina at the Vessel Owner's expense and risk and the Vessel Owner shall pay all charges involved to effectuate clean up. 7. Laundering and drying of laundry on finger piers, walkways, decks or rigging is not permitted. 8. The finger pier between slips is for the use of boats on each side. Location of private gangways should be governed accordingly. In no case will a gangway be allowed to block access to another boat. 9. The Marina reserves the right to limit and govern all parking spaces. 10. Vessel Owners must notify the Marina Manager's office by letter or telephone when guests arc permitted to use the boat without the Vessel Owner present. Vessel Owners must notify Marina Manager's office when guests or workmen have permission to be aboard their vessels. (Page 1) Initials Dockside Procedures 11. Any work,performed on vessels by outside workmen mustbc bctwccn the hours of 8:00 a.m. and 5:00 p.m. All workmen/contractors must be approved by the Marina Managcr in advance before the commencement of any work. Proof of insurance is rcduircd. 12. It shall be the responsibility of the Vessel Owner to kccp the vessel in such a condition that it does not become unsightly or dilapidated or reflect unfavorable upon the appearance standards that arc maintained by the Marina. Decks of all vessels moored at the Marina docks must be kept free and clear of debris, bottles, laundry,papers, trash or unsightly materials always. 13.No vessel may display a For Sale sign or brokerage sign unlcss approved by the Marina in its sole discretion. Solicitation of business or sale of merchandise at the marina is not permitted. 14. No dinghies, inflatable boats, tenders or other watercraft or vessels may be moored within the Owner's slip in the Marina, except for the Owner's vessel described in the LEASE AND SERVICE AGREEMENT. 15. The Marina shall be open bctwccn the hours of 8:00 a.m. and 5:00 p.m. daily. 16. Violation of these Dockside Procedures, disorder,rude or vulgar conduct as well as failure to comply with the LEASE AND SERVICE AGREEMENT, whether by tenant, their gucst(s), or other person(s) authorized by them to be at the Marina, is cause for cancellation of the LEASE AND SERVICE AGREEMENT and Vessel Owner agrees,without liability of Company or its agents, employees, or representatives, to immediate removal of the Owner's vessel, Owner and its guests, invitees or other authorized persons. Removal may be by Company and its representatives, governmental authority, including the police or otherwise. 17. The Marina, its employees and management, may agrcc to accept any mail, package, box or other goods that arc shipped, mailed or any otherwise delivered to the marina office, however will at no timcs assume responsibility for such mail, packages, boxes or other goods, provided that all of the following tcrms and conditions arc fully met, and the individual or entity to which the mail, package, box or other goods is addressed agrees to thosc same terms and conditions: a. Mail,packages,boxes and other goods will only be accepted for marina tenants with current Leases, and account ledgers paid to date. b. Mail,packages,boxes and other goods will be accepted only in the physical condition in which thcy arrive, and the Marina, its employees and management shall not assume any responsibility for that condition, nor for the condition when received by the addressee. c. All mail,packages,boxes and other goods may only contain legal and non-hazardous substances, chemicals or other devises. Any items delivered to the marina that arc illegal, toxic or hazardous will not be accepted. d. All mail packages,boxes and other goods will only be accepted and stored as a courtesy service to tenants with current leases, and account ledgers paid to date. The Marina, its cmpioyccs and management,will not guarantee the safety nor accept any liability for receiving or storing all mail, packages,boxes or other goods. All items arc considered delivered when accepted at the office and it will be the addressee's responsibility to provide insurance coverage in the case of loss or theft for all items after delivery to the office address. Any mail,packages,boxes or other goods lcftbcyond 30 days of original delivery date to this address will be considered abandoned and will be discardcd. (Page 2) Initials STORM STORAGE POLICY Tropical Storm and Hurricane season for South Florida is June 1st through November 30th Our top priority is your safety, and the protection of our employees and our marina. 1) Please review your current Vessel Insurance coverage to make certain that it provides you,in addition to the coverage required under the Lease,with enough storm coverage to meet your own personal needs. All tenants are required,by the terms outlined in your Lease, to provide a copy of your current policy to the marina office. 2) Make all arrangements for your Vessel in the event of a Tropical Storm or Hurricane prior to June 1st. Marina tenants are required to provide written documentation to the marina office no later than June 1St detailing your Tropical Storm or Hurricane plans for removing your vessel from the marina. 3) If you plan to leave the marina prior to a storm,be aware that once a Tropical Storm or Hurricane Watch is issued for your area that all bridges over the IntraCoastal Waterway may be locked in the down position. Travel by water throughout the area will be severely limited and at some point, dangerous. You should have prior arrangements for secure space before you leave the marina. 4) In the event you fail to promptly remove your Vessel from the Marina after a Tropical Storm or Hurricane Watch has been issued, Management reserves the right,under the terms outlined in your Lease, to remove vessels from the property as it deems necessary during all occasions,including storm conditions. In such event you will be responsible for all costs or expenses incurred by Management in removing your vessel. If your vessel remains at the Marina,you will be responsible for any damage caused to the Marina, other vessels or any other property by, from, or relating to,your vessel being left at the Marina during a Tropical Strom or Hurricane. 5) Prepare your Vessel for the storm by removing all loose equipment,personal items,bimini tops and canvas.Make sure all hatches,ports and doors are closed and locked. Make sure that all cockpit and overboard drains are clear, and all bilge pumps fully functional. Check to be sure that your firefighting equipment is in working condition. In no event shall Management be liable or assume any responsibility for any damage or loss to your vessel or personal property. 6) Remove all gear and equipment from the finger piers and the main docks. If you have a dock box, either Company provided or personally owned, make sure that the box is properly mounted to the dock and that the lid of the dock box is locked and secured. Hoses and power cords should be coiled up and safely stored on board your Vessel. 7) When it is determined by Management that it is no longer safe,in Management's sole and absolute discretion,normal operations will be suspended. This includes but is not limited to fueling,hauling & launching, electric,water and other utilities. As described in your Lease and Service Agreement,the Owner shall be liable for damages caused to other Vessels or to any part of the Company's Premises,including but not limited to docks,pilings,plumbing,wiring and other equipment and machinery. The Owner is responsible for securing the Vessel in the manner specified in Company's Dockside Procedures currently in existence, and as they may be changed from time to time by the Company. Acknowledged and accepted: Signature—Vessel Owner(s) or Authorized Agent Date (Page 3) i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 OLD BUSINESS AGENDAITEM: 12.C. SUBJECT: Discussion and Consideration of Lease Amendment between Boynton Beach CRA and Cafe Barista, Inc. d/b/a Hurricane Alley SUMMARY: The C RA purchased the properties located at 511, 515 & 529 East Ocean Avenue on December 16, 2021 (see Attachment 1). At the time of the closing there were several active leases which were assigned to the C RA (see Attachment 11). Cafe Barista, I nc.'s (d/b/a Hurricane Alley) lease is due to expire on August 31, 2022, pursuant to the Lease Amendment dated September 1, 2017 (see Attachment 111). Hurricane Alley also has an agreement that was part of the developer, BB QOZ, LLC's (aka Affiliated Development, LLC) 115 N. Federal Highway Mixed Use Redevelopment Project RFP/RFQ response package (aka The Pierce). The proposal included 3,000+/- square foot of restaurant space with 1,500+/- square foot mezzanine space within The Pierce (see Attachment I V). On June 7, 2022, the CRA Board approved the Purchase and Development, TIRFA, and Parking Lease Agreement with BB QOZ, LLC (a/k/a Affiliated Development, LLC) for the sale and development of the properties located at 511, 515 & 529 East Ocean Avenue, which is a part of the 115 N. Federal Highway I nfill Mixed Use Redevelopment Project (aka The Pierce). The Parking Lease Agreement and disposition of the land below Fair Market Value were approved by City Commission at their the July 5, 2022 meeting. All agreements have been executed by all parties. Based on the timeframes outlined in the development agreement, these properties will not be transferred to BB QOZ, LLC before the expiration of the Hurricane Alley's lease, which is on August 31, 2022. In June, 2022, Ms. Kim Kelly (owner of Hurricane Alley) requested an extension to the current lease as indicated in Attachment V. It is anticipated that Hurricane Alley's relocation within The Pierce development will be accomplished within 18 months of the execution of the agreements. Staff recommends a one year time extension with an administrative six month extension under the same terms and conditions as the original agreement with the previous owners. Staff has no objections to the request and worked with CRA legal counsel on a draft agreement with the following terms (see Attachment V I): • One (1)year extension -August 31, 2023 • One administrative additional six (6) month extension with thirty (30) day written notice to be approved by the Executive Director • Additional extensions with thirty(30) day written notice subject to CRA Board approval • Rent terms/conditions remain unchanged • Ninety(90) days written termination by either party Any additional extensions shall be subject to CRA Board approval for any unforseen circumstances that may arise during construction. This will allow Hurricane Alley to remain operating until the land is transferred to BB QOZ, LLC for the development of The Pierce at which time Hurricane Alley's lease will be assigned BB QOZ, LLC. At the July 12, 2022 CRA Board meeting, Ms. Kelly requested additional changes to the terms and conditions of the current lease and stated that her requests will be submitted after the Board meeting by her legal counsel, Mr. Steven Grant (see Attachment VI 1). The CRA Board tabled the item to allow staff and legal counsel to review the proposed amendments that will be submitted. CRA staff received a letter on July 26, 2022, the deadline for the August 9, 2022 Board agenda, from Mr. Grant regarding the proposed amendments to the terms and conditions of the original lease with 500 Ocean Properties, LLC, the previous owner, and his correspondences to the Florida Commission on Ethics. Mr. Grant also indicated that he will be unable to attend the August 9, 2022 CRA Board meeting (see Attachment VI 11). FISCAL IMPACT: To be determined by the Board CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach CRA Redevelopment Plan CRA BOARD OPTIONS: 1. Approve and execute the Lease Amendment between the Boynton Beach CRA and Cafe Barista, Inc. d/b/a Hurricane Alley as presented. 2. Do not approve the Lease Amendment between the Boynton Beach CRA and Cafe Barista, Inc. d/b/a Hurricane Alley. 3. Approve a 30 day extension to the Lease Agreement to allow Ms. Kelly to obtain alternate legal counsel if she chooses. 4. Provide alternative revisions and/or direction to CRA staff for the Lease Amendment between the Boynton Beach CRA and Cafe Barista, Inc. d/b/a Hurricane Alley. ATTACHMENTS: Description D Attachment I -Warranty Deed D Attachment II -Assignment of Leases Attachment III -Current Lease Amendment with Cafe Barista, Inc. d/b/a Hurricane Alley D Attachment IV - Hurricane Alley Lease Agreement with BB QOZ, LLC (a/k/a Affiliated Development, LLC) D Attachment V - Hurricane Alley Requests for Extension to Lease D Attachment VI - Draft Lease Amendment D Attachment VII -July 12, 2022 CRA Board Meeting Draft M inutes D Attachment VIII -July 26, 2022 Letter from Steven Grant Precured by and return to: Kenneth W.Dodge Lewis,Longman& Walker,P.A. 360 South Rosemary Avenue,Suite 1100 West Palm Beach,FL 33401 Telephone: 561-640-0820 File Number: 21-0060 [Space Above This Line For Recording Data] Special Warranty Deed This Special Warranty Deed made this 16th day of December, 2021, between 500 Ocean Properties, LLC, a Florida limited liability company,whose post office address is 511 E. Ocean Avenue,Boynton Beach,FL 33435, grantor; and Boynton Beach Community Redevelopment Agency,a public agency created pursuant to Chapter 163,Part II1,of Florida Statutes,whose post office address is 100 E.Ocean Avenue,4th Floor,Boynton Beach, FL 33435, grantee: (Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs,legal representatives,and assigns of individuals, and the successors and assigns of corporations,trusts and trustees) Witnesseth,that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS($10.00)and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained,and sold to the said grantee, and grantee's heirs and assigns forever,the following described land,situate, lying and being in Palm Beach County,Florida,to-wit: PARCEL 1: Lot 10, Less the South 8 feet thereof, and the West 7 feet 8 inches of Lot 11, Less the South 8 feet thereof, Block 6, Boynton,according to the plat thereof, as recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County,Florida. PARCEL 2: The East 42 feet 4 inches of Lot 11, Less the South 8 feet thereof, in Block 6, Boynton, according to the plat thereof, as recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, Florida. PARCEL 3: Lot 12, Block 6, Original Town of Boynton, according to the plat thereof, recorded in Plat Book 1, Page 23,of the Public Records of Palm Beach County, Florida. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in feesimple; that the grantor has good right and lawful authority to sell and convey said land:that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by,through or under grantors. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTime® Signed,sealed and delivered in our presence: r 500 Ocean Proetie LC Z/' -- Witness c me: n _ Hary F.Der, 1 ,Man'f[r Member t° Witness Name: (Corporate Sea]) State of Florida County of Palm Beach The foregoing instrument was acknowledged before me by means of[X] physical presence or online notarization, this 16th day of December, 2021, by Harvey E. Oyer, 111 of 500 Ocean Properties, LLC, on behalf of the corporation. He/she [j is personally known to me or[X]has produced a driver's license as identific )n. 11 [Notary Seal] Notary Public Printed Name: ,�0 GINGER CARLISLE ROGERS � CommWonfG0963105 My Commission Expires: 10w Expires Ml"10,2024 Special warranty Deed-Page 2 DoubleTime® ASSIGNMENT AND ASSUMPTION OF LEASES THIS ASSIGNMENT AND ASSUMPTION OF LEASES (herei a referred to as the "Assignment") is made and entered Into as of the day of December, 2021, by and between SW OCEAN PROPERTIES, LLC, a Florida limited liability company (hereinafter referred to as "Assignor"), and BOYNTON BEAM COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part iIi, of Florida Statutes (hereinafter referred to as"Assignee"),who agree as follows: 1. Assi nment and Assurrlotion.. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor does hereby assign all of Assignor's right,title and interest as Landlord in,to and under those certain Lease Agreements (together with any and all amendments, modifications and renewals thereto) attached hereto as Exhibit "A" and made a part hereof (hereinafter referred to as the "Lease"), pertaining to the real property described therein (hereinafter referred to as the "Premises"), together with all security deposits, if any, referred to in the Leases. Assignee hereby accepts the foregoing assignment and assumes and agrees to perform the obligations of the Landlord under the Leases to be performed on and following the date hereof. 2. , qA rAnties. Representations and Covenants. Assignor hereby warrants, represents and covenants as follows as to the Leases: (a) The Leases are In full force and effect and have not been modified or amended. (b) Assignor knows of no claims of default by the Tenant under the Leases. (c) Assignor has full power and authority to assign the Leases and the Leases have not been previously assigned or pledged as collateral in connection with any financing of the property. (d) Assignor Is unaware of any condition which with the passage of time,the giving of notice, or both, would constitute a default by either Assignor or the Tenant under the Leases. 3. Indemnification, Assignor does hereby agree to defend, indemnify and hold harmless Assignee from any liability, damages, causes of action, expenses and reasonable attorneys' fees incurred by Assignee by reason of the failure of Assignor to have performed and discharged all obligations and liabilities of the Landlord to be performed pursuant to the Leases prior to the date of this Assignment. Assignee does hereby agree to defend, indemnify and hold harmless Assignor from any liability, damages, causes of action, expenses and reasonable attorneys' fees incurred by Assignor by reason of the failure of Assignee to have MS4220-t Assignment and Assumption of Lease Page 2 of 3 performed and discharged all obligations and liabilities of the Landlord to be performed pursuant to the Leases from and after the date of this Assignment. 4. Attorneys' Fees. In the event of any litigation between the parties arising under this Assignment, the prevailing parry in such litigation shall be entitled to recover from the non-prevailing party its reasonable attorneys'fees and other legal expenses. 5. Successors @_nd Assigns. This Assignment shall bind and benefit the parties hereto and their respective successors and assigns. 6. Notice to Tenant. Notice of this Assignment may be given by either Assignor or Assignee to the Tenant under the Leases. ASSIGNOR: ASSIGNEE: 500 OCEAN P, OPERTIES,LLC BOYNTON BEACH COMMUNITY t`� REDEVELOPMENT AGENCY H EYE.O R, pi, M aging Member Steven B. Grant,Chair Date: .% 'F %' Date: 01364920-1 Assignment and Assumption of Lease Page 2 of 3 performed and discharged all obligations and liabilities of the Landlord to be performed pursuant to the Leases from and after the date of this Assignment. 4. Attorneys' Fees. In the event of any litigation between the parties arising under this Assignment, the prevailing party in such litigation shall be entitled to recover from the non-prevailing party its reasonable attorneys'fees and other legal expenses. 5. Successors and Assigns. This Assignment shall bind and benefit the parties hereto and their respective successors and assigns. 6. Notice to Tenant. Notice of this Assignment may be given by either Assignor or Assignee to the Tenant under the Leases. ASSIGNOR: ASSIGNEE: 500 OCEAN PROPERTIES, LLC BOYNTON BEACH COMMUNITY REDCVELO NCY HARVEY E. OYER, 111, Managing Member Steven B. Grant, Chair Date: _ Date: 01584320-1 Assignment and Assumption of Lease Page 3 of 3 Exhibit "A" Lease Agreements See Attached Leases: Scott Rudderow Freddy Brinley _Oyer, Macoviak and Associates Cafe Barista, Inc. Kala Marketing Group Florida Technical Consultants, LLC 01584220-1 SCOTT RUDDEROW APT. #3 RENEWAL RESIDENTIAL LEASE AGREEMENT THIS RESIDENTIAL LEASE AGREEMENT ("Lease") is made effective as of the 15th day of November 2017, between 500 OCEAN PROPERTIES. LLC, a Florida limited liability company, whose mailing address is 511 East Ocean Avenue, Boynton Beach,Florida 33435("LANDLORD")and SCOTT RUDDEROW('`TENANT"),whose address shall be the address of the"Property"described below. WITNESSETH: That LANDLORD, for and in consideration of the covenants, agreements and conditions herein contained,on the part of TENANT to be kept and performed,does hereby lease to TENANT,and TENANT does hereby lease from LANDLORD,the one bedroom, one bathroom apartment located at 517 1/2 East Ocean Avenue,Apartment No.3,Boynton Beach, Florida 33435("Property''). The tcrms and cunditiuns of this Lcasc are as fulluws: 1. TERM. The term of this Lease shall be for one (1) year, commencing on November 15,2017,and unless earlier terminated in accordance with the terms of this Lease,expiring at 12:00 midnight on November 14,2018. 2. RENT. (a) TENANT agrees to pay to LANDLORD in lawful money of the United States each month during the Term of this Lease, the sum of Seven Hundred and No/100 Dollars($700.00) ("Rent"). Rent shall be paid at LANDLORD'S address stated above,or at such other place as LANDLORD may specify in writing. (h) In addition to any other rights of LANDLORD hereunder, In the event TENANT shall fail to pay rent or other sums due hereunder on its due date.TENANT shall pay to LANDLORD a late fee in the amount of Twenty and No/]00 Dollars for each calendar day that the rent is late beyond the due date. The late fee is not a penalty, but liquidated damages to defray administrative and related expenses due to such late payment. 3. SECURITY DEPOSIT. Upon execution hereof:TENANT shall pay to LANDLORD:(i)the sum of Seven Hundred and No/100 Dollars($700.00)as prepaid first month's rent: and (ii) the sum of Seven Hundred and No/100 Dollars ($700.00) as prepaid last month's rente: and (iii) the sume of Seven Hundred and No/100 ($700.00) representing the Security Deposit. This is a total of Two Thousand One Hundred and No/100 Dollars($2100.00) 4. OCCUPANCY AND USE OF THE PREMISES. (a) TENANT shall occupy the Property as a residential apartment for TENANT only.TENANT shall not change,alter or install locks without the prior written consent of LANDLORD. (b) TENANT shall not allow any pets or animals greater than ten (10) pounds on the Property without LANDLORD'S prior written consent(which shall be given or denied in LANDLORD's sole and absolute discretion). If LANDLORD, in its sole and absolute discretion,allows TENANT to have an animal in excess often(10)pounds on the Property, TENANT shall pay to LANDLORD an additional security deposit of Five Hundred and No/100 Dollars($500.00)to protect LANDLORD from costs and expenses associated with damage to the Property caused by the animal or cleaning costs resulting from animal being on the Property("Animal Security Deposit"). In addition, TENANT shall obtain a liability insurance policy covering risks associated with owning the animal, with limits of no less than $100,000 per incident, naming LANDLORD as an additional named insured,and requiring thirty(30)days advance written notification to I.ANni.01111 prior to any modification, termination, or expiration of the liability insurance policy. If LANDLORD determines that TENANT did permit pets or animals on the Property in violation of the foregoing restriction, or if TENANT's pet has caused damage to. or the need to clean, the Property, such breach shall be considered a material breach entitling LANDLORD to all remedies provided for herein, including but not limited to retention of the Animal Security Deposit and immediate eviction. TENANT hereby acknowledees and n reel that TENANT shall be solei and e nally responsible for all loss costs dame es or ig'u caused TENANT'S ets and shall Indemnify LANDLORD and all third parties who suffer loss cost.-Injun,or dams a as s a result of TENANT'S ets beige located on the Property. (c) No smoking= shall be permitted within the apartment, in the hallways, or common areas at anytime with no exce tions. TENANT acknowledees that t each apartment contains a as stove/oven and that smoking within the 9M rtment hallways,or common areas by TENANT ses a hazard to all p±rsons in the buildin . (d) TENANT shall abide by and comply with all reasonable rules and regulations now or hereafter promulgated by LANDLORD and all ordinances and laws of all governmental entities,whether federal,state or local,having jurisdiction in the matter. TENANT shall neither permit not commit,whether with or without knowledge or consent, any immoral, improper or unlawful practice or act in or upon the Property. TENANT agrees not to make,nor permit to be made,any disturbance,noise or annoyance of any kind which is detrimental to the Property. TENANT shall not, in any manner,alter,damage or deface the Property. (e) Provided that TENANT abides by all terms, obligations, and covenants of this Lease, TENANT shall enjoy quiet and peaceful possession of the Property during the Term. 5. UTILITIES. (a) During the Term, LANDLORD shall pay the cost of water and sewer service, garbage service,gas service,and quarterly pest control. During the Term, TENANT agrees to pay all utility charges for electricity,telephone,television/internet,and any other utilities or services used at the Property, including all installation and activation fees and any deposits required by such utility providers. (b) Except in the instance of LANDLORD'S negligence.LANDLORD shall not be liable to TENANT in the event any utility services are interrupted or become unavailable. for any reason whatsoever, and such interruption or unavailability shall not constitute actual or constructive eviction,nor be deemed an interference with TENANT's occupancy of the Property,nor shall Rent he abated during any such period of interruption or unavailability. 6. MAINTENANCE AND REPAIRS:HURRICANE PROTECTION_: SURRENDER OF PROPERTY: AND INSURANCE. (a) TENANT shall,at its sole expense,keep and maintain the Property in good,clean and sanitary condition and repair during the Term of this Lease. Except for repairs due to TENANT's misuse,waste,or neglect or that of TENANT's family members, agents or visitors.the LANDLORD will be responsible for the repair and replacement of the roof:air conditioning system.and appliances. (b) TENANT shal I not drain,nor permit the drainage of:grease into the toilets or sinks. (c) In the event of a hurricane watch or hurricane warning, TENANT shall use reasonable efforts to secure the Property against damage. (d) LANDLORD shall engage a professional pest control contractor to provide calendar quarterly pest control service. (e) TENANT shall.at the end of the Lease term,surrender and deliver to LANDLORD the Property,without demand. "broom clean" and in the same condition as it existed on the commencement date hereof,reasonable wear and tear excepted. (f) During the Term, TENANT shall provide,at TENANT'S expense. any insurance that TENANT desires to insure TENANT'S personal property located at the Property. Under no circumstance shall LANDLORD be res onsible or liable for TENANT'S Mrsonal,,Lroggrtv Iocated at the Property. 7. NO ADDITIONS OR ALTERATIONS. (a) TENANT shall not make any additions, changes or alterations in and upon the Property(including,without limitation,painting of portions of the Property) of any nature whatsoever without the prior written consent of LANDLORD,which consent may be given or withheld in LANDLORD's sole discretion. LANDLORD may remove or change, at TENANT's cost and expense, any addition. change or alteration made by TENANT without LANDLORD's consent,the charge for which shall be paid by TENANT upon demand. TENANT shall not permit or install nails, screws or adhesive hangers except standard picture hooks: and no nails, screws or hangers may be placed in walls. woodwork or any part of the Property. (b) No personal propcity, appliances or fixtures shall be removed by TENANT without the prior written consent of LANDLORD. LANDLORD's interest in the Property shall not be subject to mechanics' or other liens for improvements made by TENANT nor for services,labor or materials performed at TENANT's request. (c) If any lien is filed against the Property for improvements or work claimed to have been done or for materials claimed to have been furnished to TENANT, the lien shall be discharged by TENANT within ten (10) days thereafter, at TENANT's expense, and TENANT shall indemnify LANDLORD for any loss, cost, or expense incurred by LANDLORD as a result of TENANT'S violation of this provision. The foregoing indemnification shall survive termination or expiration of this Lease. 8. DESTRUCTION BY CASUALTY. In the event the Property or any portion thereof may be rendered untenantable by reason of fire, explosion or any other casualty, LANDLORD, at LANDLORD's option, may either repair the Property to make the same tenantable within sixty (60) days thereafter. or terminate this Lease. In such event. LANDLORD shall give TENANT ten(10)days'notice in writing of LANDLORD's intention to repair or terminate this Lease. If LANDLORD elects to repair the damaged Property. LANDLORD shall proceed with due diligence and TENANT's Rent for that period of time during which the Property is or remains untenantable shall be abated or apportioned. 9. PROPERTY LOSS. DAMAGE AND INDEMNIFICATION. (a) The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfactory condition and acceptable to TENANT. LANDLORD shall not be liable to TENANT, TENANT's family members,agents,licensees or invitees,for damage to persons or property caused by any individual or entity. LANDLORD shall not be liable for any patent or latent defects in the Property. (b) LANDLORD shall not be liable for the presence of bugs,vermin or insects in the Property. TENANT hereby releases LANDLORD from any and all claims for loss, damage or injury of any nature whatsoever to person or property, including (without limitation)damage caused by theft,vandalism,water,smoke,fire or other causes, or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. (c) TENANT further agrees to hold LANDLORD harmless and to indemnify LANDLORD from and against any and all claims, liabilities,actions,causes of action,damages,costs and expenses whatsoever which may arise out of,result from or be attributable to TENANT's use or occupancy of the Property,or any act or omission thereon (whether by TENANT. TENANT's family members, agents, employees. licensees or invitees), which indemnification shall include attomeys'fees at trial and appellate levels. The foregoing indemnification shall survive termination or expiration of this Lease. (d) LANDLORD'S insurance does not cover loss or damage to any of TENANT's personal property or possessions. If TENANT desires insurance coverage for any of TENANT's personal property or possessions, TENANT shall obtain and pay for any such insurance coverage. 10. ASSIGNMENT OR SUBLEASING. TENANT shall neither sublet the Property or any part thereof nor assign(voluntarily or by operation of law)this Lease or any interest therein, nor mortgage nor encumher the Property or this Lease. 11. RIGHT OF ENTRY. LANDLORD shall have the right by or through itself or its agents or employees, to enter the Property at all reasonable hours. LANDLORD' entry into the Property shall be for the purpose examining it and to, in LANDLORD's sole discretion, make such repairs and alterations as LANDLORD may deem necessary to insure the orderly and proper maintenance of same. In addition, LANDLORD specifically reserves the right to enter upon the Property at reasonable times after first having informed TENANT of LANDLORD's intention to do so, for the purpose of showing the Property to prospective:(i)tenants;(ii)purchasers;or(iii)mortgagees. 12. DEFAULT. (a) If TENANT shall fail to pay any installment of Rent or other sums on the due date or if TENANT should fail to keep and perform each and every one of the terms and conditions of this Lease,then and in any of such events,TENANT will be in default hereunder. If TENANT should become in default hereunder,LANDLORD will have any and all of the rights and remedies which the law of Florida confers upon a landlord against a tenant in default, including, without limitation, the right to: (i) terminate this Lease and sue for unpaid Rent;and/or(ii)accelerate the entire unpaid balance of the Rent for the Term of this Lease and sue for the collection of such Rent; and/or (iii)take possession of the Property(and any and all of TENANT's personal property therein)and, at LANDLORD's option,rent the Property for the account of TENANT. In the event that LANDLORD takes possession of the Property, it may remove TENANT's personal property and store same at the expense of TENANT, without being liable for damages therefor. In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT. LANDLORD shall receive the Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting(including,without limitation, the cost of brokerage,repair,alteration and all other sums)and apply any remaining Rent or proceedings to payment of Rent and other sums due hereunder and TENANT shall remain liable for any deficiency. If at the time of any default by TENANT there remains any unrefunded balance of the Security,then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity. In the event TENANT shall fail to vacate the Property as and when required hereunder.TENANT shall be deemed a tenant at sufferance and, in addition to any other rights and remedies accorded to LANDLORD,TENANT shall be charged, for each day during its occupancy, an amount equal to 2501/6 of the rental amount which was due hereunder immediately prior to such holdover occupancy. (b) If, by reason of a default hereunder, a party employs an attorney to enforce or otherwise protect its rights hereunder and such party prevails in litigation resulting from the default, the non-prevailing party will owe and will pay the prevailing party's reasonable attorneys' fees (including fees at trial and appellate levels) and costs and expenses. 13. APPLIANCES AND AIR CONDITIONING. All fixtures and appliances at the Property are supplied by LANDLORD for the Term of this Lease and are owned by LANDLORD. 14. SUBORDINATION. This Lease is subject and subordinate to all ground or underlying leases,encumbrances, mortgages and other matters which may now or hereafter affect or become a lien upon the Property(or any portion thereof)and to any renewals,modifications,amendments,replacements or extensions thereof. TENANT shall execute any and all instruments as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT hereby irrevocably appoints LANDLORD as TENANT's attorney-in-fact to execute any and all such instruments. 15. CUMULATIVE REMEDIES: LAWS: NOTICES: INVALIDITY,• WAIVER: SURRENDER: ENTIRE AGREEMENT: SUCCESSORS AND ASSIGNS. All rights and remedies hcrcin created for the benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be an election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD's resort to any other remedy in this Lease. This Lease shall be construed in accordance with Florida lay. All notices shall be hand-delivered or mailed by certified mail,return receipt requested,to LANDLORD at the address for payment of Rent and to TENANT(after the date ofcommencement of the Term of this Lease)at the property address. Notices to TENANT mailed in accordance with the terms hereof shall be deemed given when mailed: however, notices to LANDLORD shall be deemed received only upon actual receipt.Notices to TENANT may be effectuated by personally serving same on TENANT, any member of TENANT's family or any agent of TENANT found at or upon the Property. If any part or provision of this Lease is deemed by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions,all of which shall remain in full force and effect. No act or thing done by LANDLORD shall be deemed an acceptance of a surrender of the Property or this Lease, and no agreement to accept the Property and surrender the Lease shall be valid unless in writing signed by LANDLORD. Delivery of keys to LANDLORD or its agent shall not operate as a termination of this Lease or a surrender of the Property. The failure of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance. Receipt of Rent by LANDLORD with knowledge of breach of any provision of this Lease shall not be deemed a waiver of such breach. No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waiver shall be in writing signed by LANULUKU and no payment of Rent of a lesser amount than that due, nor any endorsement or statement on a check, shall be deemed an accord and satisfaction and LANDLORD may accept such check or payment without prejudice to its right to recover any unpaid rent or other sums, or to pursue any remedy provided in this Lease. This Lease contains the entire agreement between the parties with respect to the IN WITNESS WHEREOF, the parties hereto have executed this Leasc on the date and year first above written. WITNESSES: LANDLORD: 500 Ocean Properties, LLC By: Christian Macoviak, its Managing Member TENANT; ° .� Scott iddemlwv Phone (W) e a_ - 16 - �... Email 1 2-&(P-5f-94#-4'1.EON, Emergency Contact jl>M�c►a'i?'i� ��v..t� (5'(r1 rID/_-5&51 subject matter and supersedes any prior or oral agreements or understandings. All promises,covenants and agreements set forth in this Lease shall be binding upon and inure to the benefit of the parties hereto, and (to the extent permitted) their respective heirs, personal representatives.successors and assigns. 16. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state requirements have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. [SIGNATURES CONTAINED ON FOLLOWING PAGES] Renewal Lease Agreement June 24,2021 500 Ocean Properties, LLC and Scott Rudderow ("tenant") agree to renew lease on said premises know as 517%E Ocean Ave Apt#3, Boynton Beach,FL 33435, original lease dated 15th day of November 2018. For good consideration 500 Ocean Properties, LLC and Scott Rudderow("tenant") agrees to extend the said lease for a period of Mix-months,starting date of 15th day of July 2021 and terminating on the 14th day of January 2022. The parties agree that no further right of renewal or extension shall exist beyond the termination date indicated above unless both parties agree to another lease extension agreement. Rent will increase to $745.00(seven hundred forty five). All other lease terms shall remain unchanged and continue during the lease extension period as is set forth herin. This agreement shall be binding upon and shall insure the benefit of the parties,their successors, assigns, personal agents and managing members. Landlord Date — its — L Tenant ! w -- ate - - FREDDY BRINLEY APT. #5 RENEWAL RESIDENTIAL LEASE AGREEMENT THIS RESIDENTIAL LEASE AGREEMENT ("Lease") is made effective as of the 6th day of January 2019,between 500 OCEAN PROPERTIES, LLC,a Florida limited liability company, whose mailing address is 511 East Ocean Avenue, Boynton Beach, Florida 33435 ("LANDLORD") and FREDDIE BRINLEY ("TENANT"), whose address shall be the address of the"Property"described below. WITNESSETH: That LANDLORD, for and in consideration of the covenants, agreements and conditions herein contained,on the part of TENANT to be kept and performed,does hereby lease to TENANT,and TENANT does hereby lease from LANDLORD,the one bedroom, one bathroom apartment located at 517 1/2 East Ocean Avenue,Apartment No 5, oynton Beach, Florida 33435 ("Pro "). The terms and conditions of this Lease are as follows: 1. TERM. The term of this Lease shall be for one (1) year, commencing on January 6,2019,and unless earlier terminated in accordance with the terms of this Lease, expiring at 12:00 midnight on January 2,2020 - 2. -..RENT. (a) TENANT agrees to pay to LANDLORD in lawful money of the United States each month during the Term of this Lease, the sum of Nine Hundred Fifty and No/100 Dollars ($950.00) ("Rent"). Rent shall be paid at LANDLORD'S address stated above,or at such other place as LANDLORD may specify in writing. (b) In addition to any other rights of LANDLORD hereunder, in the event TENANT shall fail to pay rent or other sums due hereunder on its due date,TENANT shall pay to LANDLORD a late fee in the amount of Twenty and No/100 Dollars for each calendar day that the rent is late beyond the due date. The late fee is not a penalty, but liquidated damages to defray administrative and related expenses due to such late payment. 3. SECURITY DEPOSIT. Upon execution hereof,TENANT shall pay to LANDLORD: (i) the sum of Nine Hundred Fifty and No/100 Dollars ($950.00) as prepaid first month's rent: and (ii) the sum of Nine Hundred Fifty and No/100 Dollars ($950.00)as prepaid last month's rent:and(iii)the sum of Nine Hundred Fifty and No/100 ($950.00) representing the Security Deposit. This is a total of Two Thousand Eight Hundred Fifty and No/100 Dollars($2850.00) 4. OCCUPANCY AND USE OF THE PREMISES. (a) TENANT shall occupy the Property as a residential apartment for TENANT only. TENANT shall not change, alter or install locks without the prior written consent of LANDLORD. (b) TENANT shall not allow any pets or animals greater than ten (10) pounds on the Property without LANDLORD'S prior written consent(which shall be given or denied in LANDLORD's sole and absolute discretion). If LANDLORD,in its sole and absolute discretion,allows TENANT to have an animal in excess of ten(10)pounds on the Property, TENANT shall pay to LANDLORD an additional security deposit of Five Hundred and No/100 Dollars ($500.00) to protect LANDLORD from costs and expenses associated with damage to the Property caused by the animal or cleaning costs resulting from animal being on the Property ("Animal_Security D osit"). In addition, TENANT shall obtain a liability insurance policy covering risks associated with owning the animal, with limits of no less than $100,000 per incident, naming LANDLORD as an additional named insured,and requiring thirty(30)days advance written notification to LANDLORD prior to any modification, termination, or expiration of the liability insurance policy. If LANDLORD determines that TENANT did permit pets or animals on the Property in violation of the foregoing restriction, or if TENANT's pet has caused damage to, or the need to clean, the Property, such breach shall be considered a material breach entitling LANDLORD to all remedies provided for herein, including but not limited to retention of the Animal Security Deposit and immediate eviction. TENANT hereby acknowledges and a rees that TENANT shall be sole!y and personaft responsible for all Ioss costs damages,or kjuEy caused by TENANT'S gets and shall indemnify LANDLORD and aU third partles,who suffer los cos in yX or damage as a result of TENANT'S pets being located on the Prone - (c) No smokin shall be_permitted_within the apartment, in the hallways,or common areas at anytime with no exceptions. TENANT acknowledges that each al2artment contains a gas stoveloven and that smokin within the apartment hallways,or common areas by TENANT possa a hazard to all persons in the building. (d) TENANT shall abide by and comply with all reasonable rules and regulations now or hereafter promulgated by LANDLORD and all ordinances and laws of all governmental entities, whether federal, state or local,having jurisdiction in the matter. TENANT shall neither permit not commit,whether with or without knowledge or consent, any immoral, improper or unlawful practice or act in or upon the Property. TENANT agrees not to make,nor permit to be made,any disturbance,noise or annoyance of any kind which is detrimental to the Property. TENANT shall not, in any manner,alter,damage or deface the Property. (e) Provided that TENANT abides by all terms, obligations, and covenants of this Lease, TENANT shall enjoy quiet and peaceful possession of the Property during the Term. 5. UTILITIES. (a) During the Term, LANDLORD shall pay the cost of water and sewer service, garbage service, gas service, and quarterly pest control. During the Term, TENANT agrees to pay all utility charges for electricity,telephone,television/internet,and any other utilities or services used at the Property, including all installation and activation fees and any deposits required by such utility providers. (b) Except in the instance of LANDLORD'S negligence, LANDLORD shall not be liable to TENANT in the event any utility services are interrupted or become unavailable, for any reason whatsoever, and such interruption or unavailability shall not constitute actual or constructive eviction, nor be deemed an interference with TENANT's occupancy of the Property,nor shall Rent be abated during any such period of interruption or unavailability. b. MAINTENANCE AND REPAIRS;HURRICANE PROTECTION• SURRENDER OF PROPERTY-; AND INSURANCE. (a) TENANT shall,at its sole expense,keep and maintain the Property in good,clean and sanitary condition and repair during the Term of this Lease. Except for repairs due to TENANT's misuse,waste,or neglect or that of TENANT's family members, agents or visitors, the LANDLORD will be responsible for the repair and replacement of the roof,air conditioning system,and appliances. (b) TENANT shall not drain, nor permit the drainage of,grease into the toilets or sinks. (c) In the event of a hurricane watch or hurricane warning, TENANT shall use reasonable efforts to secure the Property against damage. (d) LANDLORD shall engage a professional pest control contractor to provide calendar quarterly pest control service. (e) TENANT shall, at the end of the Lease term, surrender and deliver to LANDLORD the Property, without demand, "broom clean"and in the same condition as it existed on the commencement date hereof,reasonable wear and tear excepted. (f) During the Term,TENANT shall provide, at TENANT'S expense, any insurance that TENANT desires to insure TENANT'S personal property located at the Property. Under no circumstance shall LANDLORD be responsible or liable for TENANT'S ersonal Rroperty located at the Proue 7. NO ADDITIONS OR ALTERATIONS. (a) TENANT shall not make any additions, changes or alterations in and upon the Property(including, without limitation,painting of portions of the Property) of any nature whatsoever without the prior written consent of LANDLORD,which consent may be given or withheld in LANDLORD's sole discretion. LANDLORD may remove or change, at TENANT's cost and expense, any addition, change or alteration made by TENANT without LANDLORD's consent,the charge for which shall be paid by TENANT upon demand. TENANT shall not permit or install nails, screws or adhesive hangers except standard picture hooks; and no nails, screws or hangers may be placed in walls, woodwork or any part of the Property. (b) No personal property, appliances or fixtures shall be removed by TENANT without the prior written consent of LANDLORD. LANDLORD's interest in the Property shall not be subject to mechanics' or other liens for improvements made by TENANT nor for services,labor or materials performed at TENANT's request. (c) If any Iien is filed against the Property for improvements or work claimed to have been done or for materials claimed to have been furnished to TENANT, the lien shall be discharged by TENANT within ten (10) days thereafter, at TENANT's expense, and TENANT shall indemnify LANDLORD for any loss, cost, or expense incurred by LANDLORD as a result of TENANT'S violation of this provision. The foregoing indemnification shall survive termination or expiration of this Lease. 8. DESTRUCTION.BY CASUALTY. In the event the Property or any portion thereof may be rendered untenantable by reason of fire, explosion or any other casualty, LANDLORD, at LANDLORD's option, may either repair the Property to make the same tenantable within sixty (60) days thereafter, or terminate this Lease. In such event,LANDLORD shall give TENANT ten(10)days'notice in writing of LANDLORD's intention to repair or terminate this Lease. If LANDLORD elects to repair the damaged Property, LANDLORD shall proceed with due diligence and TENANT's Rent for that period of time during which the Property is or remains untenantable shall be abated or apportioned. 9. PROPERTY LOSS. DAMAGE AND INDEMNIFICATION. (a) The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfactory condition and acceptable to TENANT. LANDLORD shall not be liable to TENANT, TENANT's family members,agents,licensees or invitees,for damage to persons or property caused by any individual or entity. LANDLORD shall not be liable for any patent or latent defects in the Property. (b) LANDLORD shall not be liable for the presence of bugs, vermin or insects in the Property. TENANT hereby releases LANDLORD from any and all claims for loss, damage or injury of any nature whatsoever to person or property, including (without limitation)damage caused by theft,vandalism,water,smoke,fire or other causes, or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. (c) TENANT further agrees to hold LANDLORD harmless and to indemnify LANDLORD from and against any and all claims,liabilities,actions,causes of action,damages, costs and expenses whatsoever which may arise out of,result from or be attributable to TENANT's use or occupancy of the Property,or any act or omission thereon (whether by TENANT, TENANT's family members, agents, employees, licensees or invitees), which indemnification shall include attorneys' fees at trial and appellate levels. The foregoing indemnification shall survive termination or expiration of this Lease. (d) LANDLORD'S insurance does not cover loss or damage to any of TENANT's personal property or possessions. If TENANT desires insurance coverage for any of TENANT's personal property or possessions, TENANT shall obtain and pay for any such insurance coverage. 10. ASSIGNMENT OR SUBLEASING. TENANT shall neither sublet the Property or any part thereof nor assign(voluntarily or by operation of law) this Lease or any interest therein,nor mortgage nor encumber the Property or this Lease. 11. RIGHT OF ENTRY. LANDLORD shall have the right by or through itself or its agents or employees, to enter the Property at all reasonable hours. LANDLORD' entry into the Property shall be for the purpose examining it and to, in LANDLORD's sole discretion, make such repairs and alterations as LANDLORD may deem necessary to insure the orderly and proper maintenance of same. In addition, LANDLORD specifically reserves the right to enter upon the Property at reasonable times after first having informed TENANT of LANDLORD'intention to do so, for the purpose of showing the Property to prospective: (i)tenants;(ii)purchasers;or(iii)mortgagees. 12. DEFAULT. (a) If TENANT shall fail to pay any installment of Rent or other sums on the due date or if TENANT should fail to keep and perform each and every one of the terms and conditions of this Lease,then and in any of such events,TENANT will be in default hereunder. If TENANT should become in default hereunder, LANDLORD will have any and all of the rights and remedies which the law of Florida confers upon a landlord against a tenant in default, including, without limitation, the right to: (i) terminate this Lease and sue for unpaid Rent; and/or(ii)accelerate the entire unpaid balance of the Rent for the Term of this Lease and sue for the collection of such Rent; and/or (iii) take possession of the Property(and any and all of TENANT's personal property therein) and, at LANDLORD's option,rent the Property for the account of TENANT. In the event that LANDLORD takes possession of the Property, it may remove TENANT's personal property and store same at the expense of TENANT, without being liable for damages therefor. In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT, LANDLORD shall receive the Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting(including, without limitation, the cost of brokerage, repair, alteration and all other sums) and apply any remaining Rent or proceedings to payment of Rent and other sums due hereunder and TENANT shall remain liable for any deficiency. If at the time of any default by TENANT there remains any unrefunded balance of the Security,then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity. In the event TENANT shall fail to vacate the Property as and when required hereunder, TENANT shall be deemed a tenant at sufferance and, in addition to any other rights and remedies accorded to LANDLORD, TENANT shall be charged, for each day during its occupancy, an amount equal to 250% of the rental amount which was due hereunder immediately prior to such holdover occupancy. (b) If, by reason of a default hereunder, a party employs an attorney to enforce or otherwise protect its rights hereunder and such party prevails in litigation resulting from the default, the non-prevailing party will owe and will pay the prevailing party's reasonable attorneys' fees (including fees at trial and appellate levels) and costs and expenses. 13. APPLIANCES AND AIR CONDITIONING. All fixtures and appliances at the Property are supplied by LANDLORD for the Term of this Lease and are owned by LANDLORD. 14. SUBORDINATION. This Lease is subject and subordinate to all ground or underlying leases, encumbrances,mortgages and other matters which may now or hereafter affect or become a lien upon the Property(or any portion thereof) and to any renewals,modifications,amendments,replacements or extensions thereof. TENANT shall execute any and all instruments as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT hereby irrevocably appoints LANDLORD as TENANT's attorney-in-fact to execute any and all such instruments. 15. CUMULATIVE REMEDIES: LAWS-.NOTICES,• INVALIDITY• WAIVER• SURRENDER; ENTIRE AGREEMENT, SUCCESSORS AND ASSIGNS. All rights and remedies herein created for the benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be an election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD's resort to any other remedy in this Lease. This Lease shall be construed in accordance with Florida law. All notices shall be hand-delivered or mailed by certified mail,return receipt requested,to LANDLORD at the address for payment of Rent and to TENANT(after the date of commencement of the Term of this Lease)at the property address. Notices to TENANT mailed in accordance with the terms hereof shall be deemed given when mailed; however,notices to LANDLORD shall be deemed received only upon actual receipt.Notices to TENANT may be effectuated by personally serving same on TENANT, any member of TENANT's family or any agent of TENANT found at or upon the Property. If any part or provision of this Lease is deemed by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions,all of which shall remain in full force and effect. No act or thing done by LANDLORD shall be deemed an acceptance of a surrender of the Property or this Lease, and no agreement to accept the Property and surrender the Lease shall be valid unless in writing signed by LANDLORD. Delivery of keys to LANDLORD or its agent shall not operate as a termination of this Lease or a surrender of the Property. The failure of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance. Receipt of Rent by LANDLORD with knowledge of breach of any provision of this Lease shall not be deemed a waiver of such breach. No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waiver shall be in writing signed by LANDLORD and no payment of Rent of a lesser amount than that due, nor any endorsement or statement on a check, shall be deemed an accord and satisfaction and LANDLORD may accept such check or payment without prejudice to its right to recover any unpaid rent or other sums, or to pursue any remedy provided in this Lease. This Lease contains the entire agreement between the parties with respect to the subject matter and supersedes any prior or oral agreements or understandings. All promises,covenants and agreements set forth in this Lease shall be binding upon and inure to the benefit of the parties hereto, and (to the extent permitted) their respective heirs, personal representatives,successors and assigns. 16. RADON AS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state requirements have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 17. PARKING.There is parking located behind the building but due to the limited spots, parking is also available on public parking lot and side street parking. Landlord does not guarantee parking directly behind building. [SIGNATURES CONTAINED ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date and year first above written. WITNESSES: LANDLORD: a 101 Ocean Properties, LLC By: Christian Macoviak,its Managing Member TENANT:. Freddie Brinley Phone 561-699-7147 Email S;t -gol bay A 9 i1.cv Emergency Contact -i 1-16 1.4 so -3 G — 3 fo�jG. Lease Extension Agreement June 24, 2021 500 Ocean Properties, LLC and Freddie Brinley("tenant") agree to extend lease on said premises know as 517'/: E Ocean Ave Apt#5, Boynton Beach, FL 33435,original lease dated 6th day of January 2019. For good consideration 500 Ocean Properties, LLC and Freddie Brinley("tenant") agree to extend the said lease for a period of six-months,starting date of 61'day of July 2021 and terminating on the 5th day of January 2022. The parties agree that no further right of renewal or extension shall exist beyond the termination date indicated above unless both parties agree to another lease extension agreement. During the lease extension period, Freddie Brinley("tenant") agrees to pay rent in the amount of$1030.00 (one thousand thiry)per month. Payment is to be received by the 6th of each month. All other lease terms shall remain unchanged and continue during the lease extension period as is set forth herin. Per Section 4(c)of the original lease,there is no smoking permittted within the apartment,in the hallways,or common areas at anytime with no exceptions. I will issue an Immediate lease termination if this occures.Stairs are part of common area. Initial Per Section 4(a)of the original lease,Tenant shall occupy the Property as a residential apartment for Tenant Only. Initial You are the only named tenant. Anyone over the age of 18, if residing in the apartment we will need a written request to review to add to lease. This agreement shall be binding upon and shall insure the benefit of the parties,their successors, assigns,personal agents and managing members. Landlord eklaLCMU. Date 9 — -- , 4 Tenant c Date "' '2021 OYER, MACOVIAK AND ASSOCIATES 511 & 513 E. Ocean Avenue a a COMMERCIAL LEASE AGREEMENT THIS COMMERCIAL LEASE AGREEMENT("lxsse")is:made effective as of the 15th day of October 2019, between 50.0 OCEAN PROPERTIES, LLC, a Florida limitedliability company, whose mailing,address is 511 East Ocean Avenue, Boynton Beach, Florida 33435 ("LANDLORD") and HARVEY E. OYER JR., INC. dibla OYER, MACOVIAK AND ASSOCIATES ( ENANT"), whose address is 511 East Ocean Avenue,: Boynton Beach, Florida 33435. WITNESSETH: That LANDLORD,for and in consideration of the covenants,agreements and conditions herein contained, on the part of TENANT to be kept and performed, does hereby lease to TENANT, and TENANT does hereby lease item LANDLORD, the ground floor Once space located at 511 and 513 East Ocean Avenue,Boynton Beach,Florida 33435("PWXft'"). This Lcaso replaces any and all prior lease agreements between LANDLORD and TENANT relating to the Property. The terms and conditions of this Lease are as follows: I. TERM. The term of this Lease shall be for three(3)years, commencing on October 15,2019, and unlc w carlior tcrminatcd in accordance with the tns of this Lcasc, expiring at 12:00 midnight on October 14,2022. 2_ RENT: (a) TENANT agrees to pay to LANDLORD, in lawful money of the United States,each month during the Teem of this Lease the sum of$4AW per month plus all applicable sales taxes("Rent"). Rent shall increase three percent(30/9)each year of the Tcrm commencing on the first anniversary. Rent shall be due on the 151b day of each month and shall be paid at LANDLORD'S address statedabove, or at such other place as LANDLORD may specify in writing. (b) In addition to any other rights of LANDLORD hereunder, in the event TENANT shall fail to pay rent or other sums due hereunder within five(5) days of its due date, LANDLORD may, at LANDLORD'S option, impose a late charge of 5%of such payment and such charge shall be deemed additional rent hereunder. The late charge is not a penalty, but liquidated damages to defray administrative and related expenses due to such late payment. 3. SECURITY DEPOSIT. Due to,the longterm of the tenancy by TENANT, no security deposit shall be required. 4. OCCUPANCY AND USE OF THE PREMISES. (a) TENANT shall occupy the Property as a commercial insurance office for TENANT only. WPBDM 1012"M2 (b) TENANT shall 'abide by and comply with all reasonable rules and regulations now or hereafier promulgated by LANDLORD and all ordinance and laws of all. governmental entities, whether federal, alato or local, having jurisdiction in tlW nlatticr. TENANT shall neither permit not commit, whether with or without knowledge or consent, any immoral, improper or unlawfid practice or act in-orupon pon the.Property. TENANT agrees not to make, nor permit .to be made, any disturbance, noise or annoyance of any kind which is detrimental to the Property. TENANT shall not, in any manner, alter, damage or deface the Property. (e) TENANT shall at all times. during the Tam maintain an active occupational lioensdbusiness taxreceipt with the City of Boynton Beach and any other applicable gove n nentid entities. (d) Provided that TENANT abides by all terms,obligations,and covenants of this Lease,TENANT shall enjoy quiet and peacefid poem ssion of the Property during the Team. S. LaILITIES. (a) During the Term, TENANT shall pay the cost of electric service, television/imterneL quaterly pest control, and any other utilities provided to or used at the Property, including all installation and activation fees and any deposits required by such utility providers. LANDLORD shall pay the cost of garbage,water,and sewer services. (b) Except in the instance of LANDLORD'S negligence, LANDLORD shall not be liable to TENANT in the event any.utility services am interrupted or become unavailable, for any reason whatsoever, and such interruption or unavailability shall not constitute actual or constructive eviction,nor be deemed an interference with TENANrs occupancy of the Property, nor shall Rent be abated during any such period of interruption or unavailability. 6. MAINTENANCE AND REPAIRS. HURRICANE PROTECTION: SURRENDER OF PROYBRTY-AND 1NSURANCF- (a) TENANT shall, at its sole expense, keep and maintain the Property in good, clean and amutary condition and repair during the Tarn of flus L.easa TENANT small be responsible for the maintenance and repair of the building and the HVAC systern during the Tenn. However, LANDLORD shall be responsible far the replacement of the roof, building struotur%and HVAC system should rcplacemant be necessary. (b) TENANT shall not drain,nor permit the drainage of,grease into.the toilets or sinks. (c) In the event of a hurricane watch or hurricane warning, TENANT shall use reasonable efforts to secure the Property against damage. (d) TENANT shall engage a professional pest control contractor to provide calendar quarterly pest control service.. WPBDOCS 101298342 R. (e) TENANT shall, at the end of the Lease term, surrender and deliver to LANDLORD the Property, without demand, "broom clean" and in the same condition as it existed on the commencement date hereof,.reasonable wear and tear excepted. (f) During the Term, "TENANT shall provide, at TENANT'S expense, insurance adequate to insure all of TENANT'S personal property, fixtures, operations, and business interruption for its operations at the Property. TENANT shall also pay for and keep in full force and effect during the Term;commercial general liability insurance in an amount of not less than$1 million per occurrence and$2 million in the aggregate,naming LANDLORD as an additional named insured. Under no circumstance.shall LANDLORD be responsible or liable for TENANT'S personal propeft fixtures,or operations located at the Property.. 7. NO ADDITIONS OR ALTERATIONS. (a) TENANT shall not make any additions,changes or alterations in and upon the Property (other than painting) without the prior written consent of LANDLORD, which consent may be given or withheld in LANDLORD's reasonable discretion. LANDLORD may remove or change, at TENANT's.cost and expense, any addition, change or alteration made by TENANT without LANDLORD`sconsent,the charge for whim shall be paid by TENANT upon demand. (b) LANDLORD's interest.in the Property shall not be subject to mechanics' or other liens for improvements made by TENANT nor for services, labor or materials performed at.TENAN-rs request. (c) If any lien is filed against the Property for improvements or work claimed to have been dorm or for mteriuls uiuinwl to have been furnished to TENANT,the lien shall be- discharged by TENANT within ten (10) days thereafter, at TENANT's expense, and TENANT shall indemnify LANDLORD for any loss,cost,or expense incurred by LANDLORD as a.result. of TENANT'S violation of W3 provision. Tue foivWinb i nlannificativn 3ha11 survive termination or expiration of this Lease. 8_ IVIESTRUCTION BY QASUALTV. In the event the Property or .any portion thereof may be,rendered untenantable by reason of fire,.explosion or any other casualty, LANDLORD, at LANDLORD's option, may either repair the Property to make the same tenantable within sixty(60)days thereafter,or terminate this Lease. In such event,LANDLORD shall give TENANT ten (10) days' notice in writing of LANDLORD's intention .to repair or terminate this Lease. If LANDLORD elects to repair the damaged Property,LANDLORD shall proceed with due diligence and TENANT's Rent for that period of time during which tate Property is or remains untenantable shall be abated or apportioned. 9. PROPERTY LOSS.DAMAGE AND INDEMNIFICATION. (a) The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfactory condition and acceptable to TENANT. LANDLORD shall not be liable to TENANT, TENANT's family members, agents, licensees or invitees, for damage to persons or property caused by any WPBDOCS 10129934 2 9 individual or entity. LANDLORD shall not be liable for any patent or latent defects in the Property. (b) LANDLORD shall not be liable for the pry of bugs, vermin or insects in the Property. TENANT hereby releases LANDLORD fpm any and,all claims for loss, damage or injury of any Mature whatsocvcr to perm or property, hmIuding(without limitation) damage caused by theft,'vamialim,water, smoke, fire or other causes, or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. (c) TENANT further agrees to hold LANDLORD harmless and to indemnify LANDLORD from and against any and all claims,liabilities,.actions,causes of action,damage"4, costs and expenses whatsoever which may arise out of, result from or .be attributable to TENANT's use or occupancy of the Property, or any 'act or omission thereon (whether by TENANT, TENANr-s family mernbe s, agents, employees, licences or invitees), which indemnifieation shall include attorneys' fees at trial and appellate levels. The foregoing indemnification shall survive termination or expiration ofthis Liam (d) LANDLORD'S insurance does not cover loss or damage to any of TENANT's personal property or possessions. IfTENANT desires insurance coverage for any of TENANT's personal property or possessions, TENANT shall. obtain- and pay for any such insurances coverage. 14. ASSIGNMENT OR SUBLEASING. TENANT shall neither sublet the. Property or any part thereof nor assign (voluntarily or by operation of.law) this Lease or any interest therein,normortgagenor encumber the Property or this Lease. 11. RM OF ENTRY. LANDLORD shall have the right by or through itself or its agents or employees, to enter the Property at all reasonable hours. LANDLORD's entry into the Property shall. be for the purpose examining it and to, in LANDLORD's sole disciWon,make such repairs and alterations.as LANDLORD may deem necessary to insure the orderly and proper maintenance of same: In addition, LANDLORD specifically reserves the right to enter upon the Property at reasonable times after first having informed TENANT of LANDLOR.D's intention to.do so, for the purpose .of showing the Property to prospective: (i) tenants;(it)purchasers;or(iii)mortgagees. I2. DEFAULT. (a} If TENANT shall fail to pay any installment.of Rent or other sums on the due date or if.TENANT should fail to keep and perform each and every one of the terms and ennditinnc of this Lease, then and in any of such events, TENANT will be in default hereunder. IfTENANT should become in default hereunder,LANDLORD will have any and all. of the rights and remedies which the law of Florida confers upon a landlord against a tenant in default including, without limitation, the right to: (i) terminate this Lease and sue for unpaid Rent; and/or(ii)accelerate the entire unpaid balance of the Rent for the Tenn of this Lease and sue for the collection of such Rent;and/or(iii)take possession of the Property(and any and all of TENANT's personal property theaein) .and, at LANDLOMYs option, rent the Property for the account of TENANT. In the event that LANDLORD takes possession of the Property, it may WP13DOCS 10129M2 remove TENANTs personal property and store same at the expense of TENANT,without being. liable for damages therefor. In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT,LANDLORD shall receive the Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting (including, without limitation, the cost of brokerage, repair, alteration and all other sums) and apply any remaining Rent or proceeds to payment of Rent and other sums due hereunder alb TENANT shall remain liable for any deficiency. If at the time of any default by TENANT there remains any unrefvnded balance of the Security,then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity_ :In the evert TENANT shall fail to vacate the Property as and when required :hereunder, TENANT shall be deemed a tenant at sufferance and,in addition to any other rights and remedies accorded to LANDLORD,TENANT shall be charged, for each Jay during its owner, an amount equal to 2500/a of the rental amount which was due hereunder immediately prior to such holdover occupancy. (b) IL by reason of a default hereunder,.a party employs an attorney to enforce or otherwiseprotect its rights hereunder and such party prevails in litigation resulting from the default,the nob-prevailing party will owe and will pay the prevailing party's reasonable attorneys'fees(including fees at trial and appellate levels)and costs and expenses. 13. APPLIANCES AND AIR CONDITIONING. All fixtures and appliances at the Property are supplied by LANDLORD for the Tam of this Lease. 14, SUBORDINATION. This Lease is subject and subordinate to all ground or underlying leases, encumbrances,mortgages and other matters which may now or hereafter a1Rxt or become a lien upon the Property (or any portion thereot) and to any renewals, modifications, amendments, replacement or extensions thereof TENANT shalt execute any and all instruments.as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT Hereby irrevocably appoints LANDLORD as TENAN'I's attorney- in-fact to execute any and all such instruments. I.S. CUMULATIVE RE•MCDII S: LAVAS: NOTICES: INVALIDITY: WAIVER: SURRENDER: ENTIRE AGREEMENT: SUCCESS R ANS AS&QNS. All rights and remedies herein created for the benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be an election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD's resort to any other remedy in this Lease. This Lease shall be construed in accordance with Florida law. All notices shall be hand-delivered or mailed by certified trail, return receipt requested, to LANDLORD at the address.for payment of Rent and to TENANT (after the date of commencement of the Term of this Lease) at the property address. Notices to TENANT mailed in aa.ordmce with the terms hereof shall be deemed given when mailed; howevey notices to LANDLORD dwil be deemed received only upon actual receipt. Notices to TENANT may be effectuated by personally serving same on TENANT, any member of TENANT's family or any agent of TENANT found at or upon the Property. If any part or provision of this Lease is deemed by a court of competent jurisdiction to bee invalid or unenforceable,such invalidity or unenforceability shall not affect the remaining provisions,all of which shall remain in full force and effect. No act or thing done by LANDLORD shall be weHnocs 10129SU2 deemed an acceptance of a surrender of the Property or this Lease, and no agt to.accept the Property and surrender the Lease shall be valid unless in writing signed by LANDLORD. Delivery of keys to LANDLORD or its agent shall not-operate as a-termination of this lease or a surrender of the Property. The failure.of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance. 'Receipt of Rent by LANDLORD with.knowledge of breach of any provision of this.Lease shall not.be deemed a waiver of such breach No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waiver shall be in writing signed by LANDLORD and no payment of Rent of n lesser amount than that dun nor any endvrsatncut or statement on a check, shall be deemed an accord and satisfcetion and LANDLORD may accept such check or payment without prejudice to its right to reoover any unpaid rent or other sutras;or to puraw.any remedy provided in this Lease. This Lease contains flaw entire agreement between the parties with respect to the subject matter and supersedes any prior or oral agreements or understandings. All promises,covenants and agreements set forth in this Lease shall be binding upon and inure to the benefit of the parties hereto,and(to rho cadent permitted)their respective heirs,personal representatives,successors and assigns. 16. RA DON GAS. Radon ir.a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state requirements have been found in buildings in Florida Additional information regarding radon and radon testing maybe obtained from your county public health unit. [SIGNATURES CONTAINED ON FOLLOWING PAGES] WPBDOdS 10129M2 IN WITNESS WHEREOF,the parties hereto have executed this Luse on the date and year first above written. WITNESSES: LANDLORD: 500 Ocean l'ropertic.5, LLC, a Florida limited liability CyT any , Ile By: 1, 'ICY I .Oycr III, Managing Member TENANT: HARVEY F_ OYER ]R., INC., a Florida corporation, d/b/a OYER, MACOVIAK AND ASSOCIATES Robert Macoviak, its President wPBDOCS 10129814'_' CAFE BARISTA, INC. d/b/a HURRICANE ALLEY 527, 529, 531 &OFFICE 4 (533 E. OCEAN) BUSINESS LEASE -� � THIS LEASE executed this day of H 007,by and between er �of 1 Seacrest Blvd,.Bovnton Beach.FL 3 5. hereinafter called Lessor,and Caf6 Barista.Inc.d/b/a Hurricane Alley and Hurricane Alley Eye of Storm,Inc, of 527-531 E Ocean Avenue Boynton Beach FL 33435 hereinafter called Lessee, WITNESSETH,THAT: Lessor,in consideration of the covenants and agreements herein contained on the part of the Lessee to be kept and performed,does hereby lease,demise,and let to the Lessee under the Lessor the premises located at 527,529,531 E.Ocean Avenue.Boynton Beach.FL 33435 (see attached Legal Description "Exhibit A")to be occupied as a restaurant and ice cream parlor for a period of 60 months commencing on the 1st day of September .2007 and ending midnight on the 31st day of Au use,ZUj at an agreed aggregate rental of One Hundred Sixty-eight Thousand and N0/100($168.000,00)Dollars+annlicable Florida sales tax in lawful money installments of$3.000.00-plus applicable Florida sales tax,due and payable in cash,cashier's check,or.money order to Lessor or their assigns on each and every monthly anniversary of the commencement date during the term of this Lease(Except:Lessor agrees to waive all regular rent for the rest of the calendar year of 2007)to be paid at 512 S.Seacrest Blvd.,Boynton Beach,FL 33425 ,or at such other place as the Lessor may designate in writing. First monthly payment to begin January 1',2008. Lessee shall still be bound by all other terms and conditions of this lease from the date of commencement which is September 1,2007. In addition to the rental installment,Lessee agrees to pay Lessor as additional rent within five(5)days of rendition of Lessor's bill to Lessee,such costs,fees,and expenses paid or incurred by Lessor for: I)repairs made by Lessor caused by Lessee's misuse; 2)fees and expenses,including court costs and reasonable attorney's fees arising in connection with the enforcement of the terms of this Lease;and 3)such other expenditures advanced for the account of Lessee by Lessor required to be paid by Lessee under this Lease. This Lease is made upon the following expressed terms and covenants,all and every one of which are material and which the parties covenant and agree to keep and perform: l) SECURITY DEPOSIT AND AGREEMENT: Lessee shall deposit with Lessor upon the execution of this Lease the sum of$_25.00 as security for the prompt payment of the rent and for the full and faithful performance by Lessee of the terms,and covenants of this Lease,to be returned to Lessee,without interest,after Lessee has vacated the premises and upon the full performance of the provisions of this Lease. Lessee shall not use the security as rent. If Lessee should fail to perform any obligation imposed by this Lease or by law,or by the condo association, Lessor shall have the right to apply the security deposit against the costs,expenses and damages suffered by Lessor including unpaid rent installments and reasonable attorney's fees. The security deposit shall not be considered liquidated damages. 2) TAXES: Real estate taxes on the premises shall be paid by Lessee. Personal property taxes on personal property of Lessee,if any,shall be paid by Lessee not later than 30 days from when the tax bill first comes out beginning 2007. Since the space being leased by Lessee constitutes approximately%of the entire building the parties shall split equally the over all gross tax for the entire building. 3) INSURANCE: Personal property insurance covering Lessee's personal property shall be paid by Lessee. Public liability insurance shall be paid by Lessee (Coverages should be at least as follows: Fire Liability, $100,000.00;Liquor Liability,$1,000,000,00;and General Liability,$1,000,000.00/$2,000,000.00). Lessor shall be added to the insurance policy as an additional insured,which policy shall include a waiver of subrogation rights by Lessee's insurance carrier. Lessor may at any time perform such acts as may be required of Lessee hereunder, or advance premiums required to be paid by Lessee,the same thereupon becoming additional rent and immediately due. 4) MAINTENANCE: Maintenance of all plumbing, lighting and appliances, including, but not limited to refrigerator,air conditioning and heating equipment shall be made by and paid by Lessee. Lessee acknowledges that all such appliances have been turned over to Lessee in good working order and that all said appliances shall be returned back to landlord in good working order and that Lessee agrees to maintain the appliances in said condition throughout the term of the lease. Lessee shall forthwith have repair done in a workmanlike manner at its expense, all damage to the demised premises,or any portion thereof,resulting from the act or negligence of Lessee,its family, servants or guests and only such types of repairs. If Lessee fails to make such repairs,Lessor may,but shall not be obligated to do so,make such repairs,and Lessee shall reimburse Lessor for the cost thereof,without demand,as an additional payment of rent under this Lease. Lessee agrees and acknowledges that it will not install any additional locks on any doors nor will Lessee change any existing locks without first obtaining the Lessor's express Page 1 of 4 written permission and providing the Lessor a duplicate key. Lessee shall further make reasonable provisions for and shall pay the cost of extermination services,and shall keep all plumbing and appliances clean,sanitary and in good repdir at its expense. 5)IMPROVEMENTS:Any improvements and repairs made to the premises by the Lessee shall meet all city and state code requirements. All costs of improvements or repairs shall be paid by Lessee. 6) UTILITIES: Telephone bills shall be paid by Lessee. Electric bills and cable television shall be paid by Lessee. Lessee is responsible for making arrangements with the utility companies in Lessee's name,including required deposits,for all utility services to be paid for by Lessee. Lessee will be responsible for sewer,water and garbage and all occupational licenses. 7) COMPLIANCE: The Lessee shall promptly execute and comply with all statutes,ordinances,rules,orders, regulations and requirements of the Federal, State and City Government for the correction, prevention, and abatement of nuisances or other purposes in,upon or connected with said premises during said term. Further, Lessee agrees to comply with all building rules and regulations. 8)PREMISES CONDITION: Except as specified in any notices to landlord pursuant to section 18 of this lease, the Lessee has examined and knows the condition of the premises and acknowledges that they are received in good order and repair;that they are tenantable,and that upon the termination of this Lease in any way,Lessee covenants to yield the premises to Lessor in as good condition as when entered upon by Lessee, ordinary wear and tear expected. Lessee shall remove all trash and debris from the premises and shall leave them in broom clean condition. All appliances shall be cleaned by Lessee and returned to Lessor in good operating condition. 9) PETS: Lessee covenants to refrain from keeping any pets upon the premises. 10) RIGHT OF ENTRY: Lessor,or its agents shall have the right to enter the premises,upon reasonable notice, at all reasonable hours for the purpose of examining or exhibiting the same;to make any repairs,alterations,or changes on the premises which Lessor may deem fit to make,or to place any sign therein or thereon for sale or rent and to show the same to prospective purchasers or tenants. Lessee shall not inhibit sales efforts of Lessor. However,sale of the property will not terminate this lease during its term. 11) WASTE PROHIBITED: Lessee shall not commit,nor suffer to be committed,any waste upon the premises, the appliances or furnishings,if any;not cause any nuisance or'breach of the peace,nor commit or permit to be committed any other act or deed which may disturb the quiet enjoyment of any other person or person's property in the neighborhood. 12) ASSIGNMENT AND SUBLETTING: Lessee may not assign this Lease or sublet the premises or any part thereof without the prior written consent of the Lessor. In the event such consent is given,Lessee agrees to pay the Lessor reasonable attorney's fees for the preparation and execution of such documents deemed necessary by the Lessor to he executed in connection with the assignment or subletting. 13) LESSOR LIABILITY: Lessee will indemnify and hold Lessor exempt and harmless from any liability,loss, cost,or obligation on account of any damage or injury to any person,or to the property of any person,arising in any manner from the use or occupation of the premises by the Lessee,its family,employees,servants,and guests and Lessee shall provide thereon insurance for same. 14) OPTIONS UPON DEFAULT: If Lessee shall violate any tern or covenant under this Lease,in addition to the relief allowed under Florida Statute, Chapter 83, the Lessor may re-take possession of the premises for the account of Lessee and re-let the same as agent of the Lessee;and the Lessee hereby irrevocably appoints Lessor its lawful attorney-in-fact for this purpose. Lessee shall,in such event,remain liable to Lessor for any deficiency,loss, costs,or damages sustained or incurred during the remainder of the term. 15) ATTORNEY'S FEES AND COSTS: Lessee agrees to pay all costs, fees, expenses,and a reasonable attorney's fees in the event of eviction,enforcement of any term or covenant of this Lease,or for the collection of any unpaid rent,whether suit be brought or not;and the security may serve as a source of such payment. 16) ESTOPPEL STATEMENT: Lessee agrees to execute and deliver to Lessor,within five(5)days of written request,a statement setting forth a)that the Lease is in full force and effect without modification;b)that Lessee has no claim,get-off,or defense to the Lease;c)the amount of the security deposit;and d)the dale through which rent has been paid. Failure to execute and deliver such statement within the time required shall be construed as Lessee's Page 2 of 4 representation that the Lease is in good standing without modification and that the Lessee has no claim,set-off,or defense to the Lease. ., 17) HOLDING OVER-DOUBLE RENT: If Lessee holds over and continues in possession of the premises,or -any part thereof,after the expiration of the Lease without Lessor's permission Lessormay recover double the amount of the rent due for each day Lessee holds over and refuses to surrender possession. Such daily rent shall be computed by dividing the rent for the last month of the Lease by fifteen. 18) AS IS: Lessee has inspected the premises and is familiar and satisfied with its present condition. The taking of possession of the premises byLessee shall be conclusive evidence that the premises were in good and satisfactory condition at the time such possession was taken. 19) FURNISHED PREMISES: The premises are rented unfurnished. 20) SUBORDINATION: This Lease is expressly made subject to and subordinate to all mortgages now upon or hereafter placed upon the premises by Lessor. Lessee irrevocably appoints Lessor its attorney-in-fact to execute such instruments as might be deemed expedient by Lessor to evidence implementation of this paragraph. 21) ASSIGNMENT: The Lessee shall not assign,mortgage,or encumber this Lease,nor sublet or permit the leased property or any part thereof to be used by others without the prior written approval of the condominium association. 22) NON-DISTURBANCE: The Lessee agrees not to use the demised premises,or any part thereof,or permit the same to be used for any illegal, immoral or improper purposes; not to make, or permit to be made, any disturbance,noise or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the demised premises. 23) INSPECTIONS: Lessee acknowledges that the Lessor shall have the right to make inspection of the premises at any reasonable hour. 24) NOTICES: Any notice required to be given shall be made by Certified Mail,Return Receipt Requested, mailed to the last known address of the party to be notified. 25) PERSONS BOUND: This Lease shall be biding upon and inure to the benefit of the parties and their respective heirs,personal representatives,successors,and permitted assigns. 26) FLORIDA LAW-. All parties agree that this Lease shall be construed for all purposes under the laws of the State of Florida. 27 TIME: Time is of the essence in this Lease. 28) COMPLETE AGREEMENT. This Lease constitutes the complete agreement and understanding between Lessor and Lessee,and no future agreement,understanding,or modification of this Lease shall be valid,binding, or enforceable against either party unless reduced to writing signed by Lessor and Lessee. 29) RECEIPT OF FUNDS: Lessor acknowledges that it has,or its agent has received the sum of$�?20 subject to check clearance,applied as follows: Security Deposit: $ 5 00 ; First Month's Rent: $_3,000.00+ $195.00 State Sales Tax;Last Month's Rent: 30) SPECIAL PROVISIONS: There shall be a 10%late fee for any rent payment more than 5 days overdue. The lessees shall have the option to renew for an additional five(5)years at the original rate. There shall be a CPI adjustment to the rent which shall be limited both upward and downward by 5%for the five renewal years. Lessee shall have right of 1sT refusal if Lessor should decide to sell property. Specifically,Lessor shall give Lessee five (5)days notice before placing properly on market and Lessee shall have four(4)days thereafter to accept terms being offered. 3I)HURRICANE SHUDDERS: Lessee shall be responsible for boarding up the windows and doors on the premises covered in this lease. Page 3 of ' 9 H IN WITNESS WHEREOF,the Lessor and Lessee have hereunto set their hands the day and year first above written. Sled,. aled and delivered in the presence of: &EWS"", ' = L OR:, H VE.. Et` WITNESS s y t � t e ^ n 3r v l a WITt`i" y LE:.SEE KIM I LLY, esident of CAF>;$ARISTA,INC.d /a HURRICANE ALLEY iTN< s WITNE,'S LESS E. KIM TALLY, esident of HURRICANE ALLEY I OF STORM,INC, WITNESS Prepared by: MARTINCAVAGE&HILEMAN,P.A.,1200 S.FEDERAL HIGHWAY,SUITE#201 BOYNTON BEACH,FL 33435-PHONE:561-736-2888 FAX:561-736-9612 Page 4 of 4 LEASE AMENDMENT THIS LEASE AMENDMENT("Amendment")is entered into effective as of the 1 st day of January 2011 ("Effective Date) between HARVEY E. OYER III, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HARVEY E. OYER, JR. ("Lessor'), having an address of 511 East Ocean Avenue,Boynton Beach,Florida 33435,and CAFE BARISTA, INC., a Florida corporation,d/b/a Hurricane Alley Raw Bar&Restaurant("Lessee"), whose address is 529 East Ocean Avenue,Boynton Beach,Florida 33435. RECITALS: WHEREAS, Harvey E. Oyer, Jr., as lessor, and Lessee entered into that certain Business Lease ("Lease"), dated October 2, 2007, for ground floor retail space located at 527, 529, and 531 East Ocean Avenue, Boynton Beach, Florida to be used exclusively as a restaurant("Leased Premises");and WHEREAS, Harvey E. Oyer, Jr. died on December 18, 2010 and Lessor, by operation of law,became landlord of the Leased Premises;and WHEREAS,Lessor and Lessee mutually desire to amend the Lease in accordance with the terms and conditions contained herein. NOW, THEREFORE, in consideration of the above recitals, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which both parties hereto acknowledge, Lessor and Lessee hereby agree as follows: AGREEMENT: 1. RECITALS. The above Recitals are true and correct and are incorporated herein by this reference. 2. ALTERATION TO THE LEASED_PREMISES. Lessor and Lessee agree that Lessee shall be permitted to cut an opening in the east wall of the 529 East Ocean Avenue portion of the Leased Premises in order to connect it to the 531 East Ocean Avenue portion of the Leased Premises ("Doorway Connection"). The Doorway Connection shall be constructed in such a manner so as to: (a) comply with all laws, statutes, ordinances, and building construction codes; (b) maintain or enhance the load-bearing qualities of the existing wall; (c) utilize construction materials and finishes that are compatible with the existing, original construction materials in the Leased Premises; and (d) be no larger than the existing doorway opening connecting the 529 East Ocean Avenue portion of the Leased Premises to the 527 East Ocean Avenue portion of the Leased Premises. Lessee shall be responsible for all costs associated with the construction of the Doorway Connection, including but not limited to all materials, labor, permits, inspections, fines, and penalties. At no time shall Lessee be permitted to encumber the Lease, the Leased Premises or any portion thereof. Lessee shall not permit any notices of commencement, notices to owner, or liens of any kind or nature whatsoever to be recorded or to attach to the Leased Premises or the property to which the Leased Premises is a part. Lessee shall pay all liens of contractors, subcontractors, mechanics, laborers, materialmen and all other like character, and shall indemnify Lessor against all expenses, costs and charges, including bond premiums for release of liens and attorney's fees, disbursements, and costs reasonably incurred, at all trial and appellate levels, in the defense of any suit in discharging the Leased Premises or any part of it from any liens,judgments,or encumbrances caused or suffered by Lessee or any party acting by, through,or under Lessee or in any other way arising from or related to the Doorway Connection. With respect to the Doorway Connection, Lessee shall indemnify Lessor against all losses, costs, damages, and expenses of any kind or nature whatsoever, including court costs and attorneys fees, resulting from personal injury, death, damage to the Leased Premises,damage to the building in which the Leased Premises is situated, or any breach of the terms of the Lease or this Amendment. 3. ALCOHOLIC BEVERAGE LICENSE. Lessee hereby warrants and represents to Lessor that Lessee currently possesses all licenses necessary to serve beer and wine at the Leased Premises. Lessee desires to obtain all licenses and approvals necessary to serve all forms of alcoholic beverages at the Leased Premises (collectively, the "Alcohol_License") and Lessor is agreeable to allow Lessee to do so but only upon the terms and conditions contained in this Amendment Lessee shall be responsible for all costs and expenses associated with obtaining and maintaining the Alcohol License. Lessee shall at all times operate the Leased Premises and use the Alcohol License in conformance with all laws, statutes, and ordinances. Lessee agrees that the current hours of operation at the Leased Premises (Sunday to Thursday 11 am to 11 pm and Friday and Saturday 11 am to 12 am) shall not be increased or extended. Lessee agrees that at no time will it offer solo drink specials that are not associated with a food and drink pairing special. Lessee agrees that it will not have or promote alcoholic drink specials (e.g. `Jcllo shots") or nights (e.g. "Ladies Night'). Lessee agrees that it shall not advertise, promote or otherwise hold itself out to the community as a bar or nightclub. Lessee acknowledges and agrees that the conditions contained in this Amendment and the duties and obligations imposed upon Lessee herein are a material inducement to Lessor to agree to the Alcohol License and that the breach by Lessee of any of the conditions contained in this Amendment shall be a material breach of the Lease and shall entitle Lessor to all remedies at law and in equity. In consideration of Lessor permitting Lessee to obtain and maintain the Alcohol License at the Leased Premises during the term of the Lease, Lessee shall pay to Lessor an additional One Thousand and No/100 Dollars ($1,000.00) of Rent per month during the term of the Lease. Such additional rent shall become due and payable beginning on the first day of the first full month after Lessee obtains the Alcohol License. Such additional rent shall be added to and paid to Lessor in the same manner as the Rent under the Lease. 4. RENT. At Lessee's request, Lessor hereby authorizes and permits Lessee to divide the monthly Rent payments (including any additional rent, sales taxes, real estate taxes, and garbage fee reimbursements that Lessee owes to Lessor)so that one half of the monthly Rent shall be paid by Lessee to Lessor on the 1'day of each month during the term and the remaining one half of the Rent shall be paid by Lessee to Lessor on the 15`h day of each month. 5. RESTAURANT SIGNAGE. Lessor hereby authorizes Lessee, at Lessee's sole cost and expense,to install the restaurant signage depicted on Exhibit"A" attached hereto to the south fagade of the second story of the building in which the Leased Premises is located ("Restaurant Si e"). The Restaurant Signage shall be constructed in such a manner so as to: (a) comply with all laws, statutes, ordinances, and building construction codes; (b) be non- invasive or minimally invasive to the building wall;(c)utilize construction materials and finishes that are compatible with the existing, original construction materials of the building; and (d)be no larger than as depicted on Exhibit"A attached hereto. Lessee shall,at Lessee's sole cost and expense, be permitted to add up to two (2) light fixtures to illuminate the Restaurant Signage at night,provided that: (a)the lights do not shine into any of the upstairs windows; and(b)Lessee shall pay all electric charges and maintenance costs associated with the operation of the lights. Lessee shall be responsible for all costs associated with the construction of the Restaurant Signage, including but not limited to all materials, labor, permits, inspections, fines, and penalties. At no time shall Lessee be permitted to encumber the Lease, the Leased Premises or any portion thereof. Lessee shall not permit any notices of commencement, notices to owner, or liens of any kind or nature whatsoever to be recorded or to attach to the Leased Premises or the property to which the Leased Premises is a part. Lessee shall pay all liens of contractors, subcontractors, mechanics, laborers, materialrnen and all other like character, and shall indemnify Lessor against all expenses, costs and charges, including bond premiums for release of liens and attorney's fees, disbursements, and costs reasonably incurred, at all trial and appellate levels, in the defense of any suit in discharging the Leased Premises or any part of it from any liens,judgments,or encumbrances caused or suffered by Lessee or any party acting by, through, or under Lessee or in any other way arising from or related to the Restaurant Signage. With respect to the Restaurant Signage, Lessee shall indemnify Lessor against all losses, costs, damages, and expenses of any kind or nature whatsoever, including court costs and attorneys fees, resulting from personal injury, death, damage to the Leased Premises, damage to the building in which the Leased Premises is situated,or any breach of the terms of the Lease or this Amendment. 6. EXTENSION OF TERM. Lessee desires to extend the term of the Lease for an additional five(5)years after the currently scheduled expiration of the existing term of the Lease on August 31, 2012. Lessor and Lessee hereby agree that the Lease term is hereby extended an additional five(5)years and shall expire on August 31,2017. The Rent shall remain the same as it is as of the effective date of this Amendment up to and including August 31, 2012, that is $3,000 per month,plus additional rent of$1,000 per month for the Alcohol License(if in use by the Lessee), plus applicable sales taxes on the rent and additional rent, plus one-half the annual real estate taxes on the building in which the Leased Premises is located, and one-half of the garbage dumpster service. Beginning September 1, 2012 and continuing until August 31, 2014, the Rent shall be $4,100 per month, plus additional rent of$1,000 per month for the Alcohol License (if in use by the Lessee), plus applicable sales taxes on the rent and additional rent, and one-half of the garbage dumpster service. During this two year period, Lessee shall not pay Lessor one-half of the real estate taxes for the building in which the Leased Premises is located. Beginning September 1, 2014 and continuing until August 31,2017,the Rent shall be$4,500 per month,plus additional rent of$1,000 per month for the Alcohol License(if in use by the Lessee), plus applicable sales taxes on the rent and additional rent, and one-half of the garbage dumpster service. During this three year period, Lessee shall not pay Lessor one-half of the real estate taxes for the building in which the Leased Premises is located. 7. INSURANCE. Commencing upon the execution of this Amendment and at all times during the tern of the Lease, including all extensions of the Lease term, Lessee shall pay for and maintain: (a) replacement cost personal property insurance covering all of Lessee's personal property located on the Leased Premises; (b) public liability insurance in amounts no less than $100,000.00 for property damage, $1,000,000.00 for liquor liability, and $1,000,000.001$2,000,000.00 general liability on an occurrence basis; and (c) worker's compensation insurance as required by statute. Lessor shall be added to all insurance policies as an additional insured, which policy shall include a waiver of subrogation rights by Lessee's insurance carrier. Lessor may at any time perform such acts as may be required of Lessee hereunder, or advance premiums required to be paid by Lessee, the same thereupon becoming additional rent and immediately due. 8. SECURITY. Lessee has requested that Lessor not require a security deposit or a general personal guaranty of the Lease by Kim Kelly due to the long-term tenancy of Lessee at the Leased Premises. Lessor hereby agrees to this request by Lessee. Lessor and Lessee do, however, hereby agree that upon execution of this Amendment, Lessee shall execute a UCC-1 Financing Statement C UCC"), to be recorded with the Florida Secretary of State, that provides Lessor a security interest in all personal property and fixtures located on the Leased Premises during the term of this Lease. Such personal property and fixtures shall serve as Lessor's security for Lessee's full and faithful performance of the terms and conditions of the Lease, as amended from time to time. In addition to the UCC,Kim Kelly hereby personally guarantees the clean-up and restoration of the Leased Premises to broom clean condition upon the expiration or earlier termination of the Lease, including but not limited to the removal of all signage and the restoration of the any damage, holes, or marks to the building in which the Leased Premises is located. This limited personal guaranty by Kim Kelly shall be a continuing personal obligation that shall be legally enforceable against Kim Kelly by Lessor in accordance with the terms of this Amendment. 9. OTHER LEASE PROVISIONS. Unless specifically amended by this Amendment, all.other terms and conditions of the Lease remain unchanged and in full force and effect. [Signature page follows IN WITNESS WHEREOF,the Lessor and Lessee have executed this Amendment effective as of the day and year first above written. Signed, sealed and delivered in the presence of LESS HARVEYE. OYER HI,.AS PERSONAL fAR S ATI F T E EA F E JR. Print Name: & er III, nal Representative P nt Name. -- LESSEE: CAFE BARISTA, INC.,a Florida corporation,d/b/a Hurricane Alley Raw Bar R urant Print e: _ Felly, e 'dent 0 Print N e: LIMITED PERSOMA I GUARANTY: klii,� ke- Fn4nt N e: rim ehy,i ivi y my1fFersonally Print e: LEASE AMENDMENT THIS LEASE AMENDMENT teffective day of 1 " Date") between HARVEY E. OYER 111, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HARVEY E. OYER, JR. ("Lessor'), Floridaaddress of 511 East Ocean Avenue, Boynton Beach, INC., a Florida corporation,d/b/a Hurricane Alley Raw Bar&Restaurant("I&ILee 529 East Ocean Avenue,Boynton Beach, i Florida . whose address Oyer,WHEREAS, Harvey E. Jr., as lessor, and Lessee entered into that certain Business Lease " " , dated October 2, 2007, for ground floor retail space located at 527, 529, and 1 East Ocean Avenue, Boynton Beach, Florida to be used exclusively " Prernhg");and Harvey E. Oyer, J . died on December 18, 2010 , by operation of 1 ;and enteredWHEREAS, Lessor and Lessee t t dated effective January 1, ;and WHEREAS, Lessor and Lessee mutually desire to further amend the Lease in accordance with the terms and conditions . NOW, THEREFORE, in consideration of the above recita][s� the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency iacknowledge, lI I RECITALS. The above Recitals am true and correct and are incorporated herein by this e . specifically2. OTHER LEASE PROVISIONS. Unless is unchangedAmendment all other terms and conditions of the Lease remain o effect. . LICENSE FOR USE OF SID_EKAL . Lessee has requested the use of a portion of a sidewalk Fashion Shoppe Boutique, Inc. ("ESB"). Lessee desires to utilize that portion of the sidewalk located in fiunt ,as mom 1 i i " "attacked hereto C' is "), seating incident 's operation of Hurricane__ _Alley as a restaurant. Lessor hereby grants to Lessee a license to utilize Area for the sole purpose of outdoor seating incident to Lessee's operation of Hurricane Alley as a restaurant,but only upon the terms and conditions contained in this Amendment. Lessee shall marls the sidewalk in an inconspicuous manner that allows Lessee's employees to place Lessee's tables and chairs in the same spots each day. Lessee shall ensure that all tables and chairs located in the License Area stay in their designated spots,as depicted on Exhibit"A",at all times. At no time shall any tables or chairs be placed in front of FSB's entrance or west of FSB's entrance. Lessee shall be prohibited from connecting tables or placing large parties in the License Area Lessee shall place and maintain at all times two planters into the locations depicted on EXWhJIt"A"to direct pedestrian traffic. Lessee shall at all times have a copy of Exhibit"A"in the restaurant so that Lessee's staff is aware of correct placement of the tables and chairs in the License Area. Lessee shall ensure that no dogs,dog water bowls,chairs,strollers, or any other animal or object be permitted in front of FSB's windows,entrance,merchandise, mannequins,or display area Lessee shall ensure that its staff clean up after each table turnover in a timely manner,never allowing plates,food,or trash to remain on the tables in the License Area Lessee shall ensure that no trash is allowed on the sidewalk of the License Area at any time. Lessee shall be responsible for the cleaning (including regular pressure cleaning)and maintenance of the License Area The table closest to FSB's store shall be designated as the "FSB Men's Store Table"and be made available to FSB's owners,staff,employees,and guests when it is available and,if occupied,FSB's owners,staff,employees,and guests shall be next in line for said table. Lessee shall make best efforts to have its employees attach to each of Lessee's customer's receipts a$5 gift card for FSB's store located adjacent to the Leased Premises. FSB shall provide Lessee with the$5 gift cards. [Signature page follows] x /7 F58 Area I ,y•�I + 4 ov To4lerero r eel ' 1 10 0 C � i .r- e CZ C { r ) ® ewrn s� �ti kf OULL u 1p @ r ` J (' A • j a W. S �• F,-< �frdN T7e�Y+1. P.'to�eVA___. __ .._ �. IN WITNESS WHEREOF,the Lessor and Lessee have executed this Amendment effective as of the day and year first above written. Signed,sealed and delivered in the presence of LESSOR: HARVEY EOYEPylll, AS PERSONAL REPRE TA E OF THE ESTATE OF ti R,JR. 77!- rint Name: ,,, ,,• L. II,p Represen ve Print Name: LESSEE: CAFE BARISTA, INC.,a Florida corporation,d/b/a Hurricane Alley Raw Bar 8c urant 49, At N6 N e: Iii ally,P;Q ent ACKNOWLEDGED AND AGREED TO: -_ FASHION SHOPPE BOUTIQUE,INC., a Print Name ' v rr n 3 C;o i,rgol r Florida corporation 4 in ame: John Marquez, ident ` y J LEASE AMENDMENT THIS LEASE AMENDMENT("Amendment")is entered into effective as of the 10 day of September 2017 ("Effective Date's between 500 OCEAN PROPERTIES, LLC, a Florida limited liability company ("Lessor"), having an address of 511 East Ocean Avenue, Boynton Beach, Florida 33435, and CAA BARISTA, INC., a Florida corporation, d/b/a Hurricane Alley Raw Bar& Restaurant ("Lessee's, whose address is 529 East Ocean Avenue,Boynton Beach,Florida 33435. RENTALS: WHEREAS, Harvey E. Oyer, Jr., as lessor, and Lessee entered into that certain Business Lease("Lease'),dated October 2,2007,for ground floor retail space located at 527, 529,and 531 East Ocean Avenue,Boynton Beach,Florida to be used exclusively as a restaurant("Leased Premises');and WHEREAS, Harvey E. Oyer, Jr. died on December 18, 2010 and Lessor became the owner and landlord of the Leased Premises;and WHEREAS, Lessor and Lessee entered into that certain Lease Amendment dated effective January 1,2011 which, among other changes,granted Lessee the right to make specific alterations to the Leased Premises, obtain an alcoholic beverage license, install signage,and extend the term of the Lease;and WHEREAS, Lessor and Lessee entered into that certain Lease Amendment dated July 2011 which granted Lessee a license for use of a portion of the sidewalk;and WHEREAS, Lessor and Lessee entered into that certain Lease Amendment dated September 1, 2014 which added 533 East Ocean Avenue, Office 4 to the Leased Premises;and WHEREAS, Lessor and Lessee mutually desire to further amend the Lease in accordance with the terms and conditions contained herein. NOW, THEREFORE, in consideration of the above recitals, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which both parties hereto acknowledge, Lessor and Lessee hereby agree as follows: AGRFFnra:NT• 1. RECITALS. The above Recitals are true and correct and are incorporated herein by this reference. 2. OTHER LEASE PROVISIONS. Unless specifically amended by this Amendment,all other terms and conditions of the Lease,as previously amended,remain unchanged and in full force and effect. 3. EXTENSION OF TERM AND RENT. Lessor and Lessee mutually desire to extend the term of the Lease for an additional five(5)years after the expiration of the existing term of the Lease on August 31,2017. Lessor and Lessee hereby agree that the Lease term is hereby extended an additional five(5)years and shall expire on August 31, 2022. For the first three(3)years of the extended term of the Lease,the Rent(defined below)shall remain the same as it is on the Effective Date hereof. For year four(4)of the extended term of the Lease,the Rent shall increase 5%. For year five(5)of the extended term of the Lease,the Rent shall increase an additional 5%. The Rent shall be $5,875 per month,which includes$4,500 of base rent for the restaurant,$1,000 for the Alcohol License,and$375 for the upstairs Office 4. Lessee shall pay the Rent,plus all applicable sales taxes,to Lessor each month,without demand,at Lessor's office. At Lessee's request,Lessor hereby authorizes and permits Lessee to divide the monthly Rent payments so that one-half of the monthly Rent shall be paid by Lessee to Lessor on the 1" day of each month during the extended term hereof and the remaining one-half of the Rent shall be paid by Lessee to Lessor on the 151 day of each month during the extended term hereof. In addition to the Rent,Lessee shall pay to Lessor one-half of the property taxes and assessments for the building within thirty(30)days after Lessor provides Lessee with a copy of the annual property tax brill,usually early November of each year. In addition to the Rent,Lessee shall also pay to Lessor each month one-third of the garbage and recycling dumpster fees and taxes. 4. RIGHT OF FIRST REFUSAL. Prior to or upon the expiration of the extended term of the Lease provided for herein,Lessee shall have a right of first refusal to match the terms and conditions of any lease for the Leased Premises that Lessor obtains from a third party potential lessee. After presentation by Lessor to Lessee of the terms and conditions of any third party potential lease,Lessee shall have ten(10)days in which notify Lessor of its intention to exercise the right of first refusal and match the same terms and conditions. Should Lessee fail to agree to match the same terms and conditions within said ten(10)period,Lessee's right of first refusal shall be waived and Lessor may proceed to lease the Leased Premises to the third party. Should Lessee exercise its right of first refusal within said ten(10)days,Lessor and Lessee shall enter into a new or amended lease agreement for the Leased Premises on such terms and conditions contained in the right of first refusal notice. [Signature page follows] IN WrrNESS VVHEREOF,the Lessor and Lessee have executed flus Amendment effective as of the day and year first above written. Signed,sealed and delivered in the presence of LESSOR: 508 Ocean Properties,LLC,a Florida limited liability company BY: ... Its: Mmia&gember Print Name. , ( 0,j LESSEE: CAFt BARISTA,INC.,a Florida corporation,d/b/a Hurricane Alley Raw Bar&Restaurant Print Name:, berlB.Kel Sident 9Print Nam KALA MARKETING GROUP OFFICE #1 OFFICE SPACE LEASE AGREEMENT THIS COMMERICAL LEASE AGREEMENT ("Lease") is made effective as of the Is` day of September 2014, between 500 OCEAN PROPERTIES, LLC, a Florida limited liability company, whose mailing address is 511 East Ocean Avenue, Boynton Beach, Florida 33435 ("LANDLORD") and KALA MARKETING GROUP ("TENANT"). WITNESSETH: That LANDLORD, for and in consideration of the covenants, agreements and conditions herein contained, on the part of TENANT to be kept and performed, does hereby lease to TENANT, and TENANT does hereby lease from LANDLORD, Office 1 located at 533 East Ocean Avenue, Boynton Beach, Florida 33435 ("Property"). The terms and conditions of this Lease are as follows: 1. TERM. The term of this Lease shall be for one (1) year, commencing on September 1,2014 and ending on August 31,2015. 2. RENT. (a) TENANT agrees to pay to LANDLORD in lawful money of the United States the sum of Three Thousand and No/100 Dollars ($3,000.00) on or prior to the commencement date, which stun represents the first six (6) months of rent at the rate of Five Hundred and No/100 Dollars ($500.00) per month ("Rent"). TENANT agrees to pay to LANDLORD in lawful money of the United States the sum of Three Thousand and No/100 Dollars ($3,000.00) on or prior to March 1, 2015, which sum represents the second six (6) months of Rent at the rate of Five Hundred and No/100 Dollars ($500.00) per month. Rent shall be paid at LANDLORD'S address stated above, or at such other place as LANDLORD may specify in writing. LANDLORD agrees that, in the event that LANDLORD and TENANT mutually agree to renew this Lease for an additional year, that the Rent shall not increase by more than five percent(5%)per annum. (b) Upon the execution hereof, TENANT shall pay to LANDLORD: (i) the sum of Three Thousand and No/100 Dollars ($3,000.00) as prepaid rent for the first six (6) months of the Term; and (ii) the sum of Five Hundred and No/100 Dollars ($500.00)representing the Security Deposit (defined below). (c) In addition to any other rights of LANDLORD hereunder, in the event TENANT shall fail to pay rent or other sums due hereunder on its due date, TENANT shall pay to LANDLORD a late fee in the amount of Thirty and No/100 Dollars($30.00) for each calendar day that the Rent is late beyond the due date. The late fee is not a penalty, but liquidated damages to defray administrative and related expenses due to such late payment. WPBDOCS 8540135 2 3. SECURITY DEPOSIT. TENANT hereby deposits with LANDLORD the sum of Five Hundred and No/100 Dollars ($500.00) as a security deposit (the "Security Deposit'), the receipt of which is hereby acknowledged, which sums shall be held by LANDLORD upon the following terms and conditions: (a) As security for the performance by TENANT of all of the terms, conditions and covenants of this Lease;and (b) As security for the return by TENANT to LANDLORD of the Property in accordance with the terms of this Lease. The Security Deposit shall not be construed as,or applied, in payment of any rental herein reserved to be paid;and (c) In the event of default of any kind by TENANT, then and in such event, LANDLORD shall be deemed authorized, at LANDLORD's option, to retain the Security Deposit as liquidated, stipulated and agreed upon damages; provided, however, that in no event shall LANDLORD be deprived of any other remedy, whether at law or equity or reserved by the terms of this Lease, regardless of retention by LANDLORD of the Security Deposit;and (d) Upon expiration of the Term of this Lease, and in the event that there has been no default of any kind whatsoever on the part of TENANT, the Security Deposit shall be returned to TENANT or LANDLORD shall give TENANT written notice of LANDLORD's intention to impose a claim against the Security Deposit on account of loss or damage to the Property, reasonable wear and tear excepted. There shall be no interest paid on the Security Deposit and LANDLORD may commingle the Security Deposit with other of LANDLORD's funds. 4. INSURANCE: (a) TENANT shall obtain general liability insurance covering the activities of TENANT and TENANT'S employees, agents, contractors, guests, customers, and invitees while on the Property in an amount of no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) each occurrence. LANDLORD shall be listed as additional insured and a certificate of insurance shall be provided to LANDLORD within three (3) days after the commencement of this Lease. TENANT shall require its insurance company to provide at least thirty(30) days prior written notice to LANDLORD before canceling or altering the liability insurance policy. (b) TENANT shall obtain insurance covering TENANT'S personal property and inventory located at the Property. Under no _circumstance shall LANDLORD be responsible onsible or liable for TENANT'S ersonal roe or inventory located at the Property. 5. OCCUPANCY AND USE OF THE PREMISES. (a) TENANT shall occupy the Property for office purposes only. TENANT shall not change, alter or install locks without the prior written consent of LANDLORD. WPBDOCS 8540135 2 (b) TENANT shall not allow any pets or animals on the Property without LANDLORD'S prior written consent (which shall be given or denied in LANDLORD's sole and absolute discretion). (c) No smoking shall be permitted within the offices in the hallwaysL or common areas of_the Pro ert`y at anytime with no exceutions. (d) TENANT shall abide by and comply with all reasonable rules and regulations now or hereafter promulgated by LANDLORD and all ordinances and laws of all governmental entities, whether federal, state or local, having jurisdiction in the matter. TENANT shall neither permit not commit, whether with or without knowledge or consent, any immoral, improper or unlawful practice or act in or upon the Property. TENANT agrees not to make, nor permit to be made, any disturbance, noise or annoyance of any kind which is detrimental to the Property. TENANT shall not, in any manner,alter,damage or deface the Property. (e) Provided that TENANT abides by all terms, obligations, and covenants of this Lease, TENANT shall enjoy quiet and peaceful possession of the Property during the Term. 6. UTILITIES. (a) During the Term, LANDLORD shall pay the cost of water and sewer service, electricity, garbage service, and quarterly pest control. During the Term, TENANT agrees to pay all utility charges for telephone, television/internet,and any other utilities or services used at the Property, including all installation and activation fees and any deposits required by such utility providers. (b) Except in the instance of LANDLORD'S negligence, LANDLORD shall not be liable to TENANT in the event any utility services are interrupted or become unavailable, for any reason whatsoever, and such interruption or unavailability shall not constitute actual or constructive eviction, nor be deemed an interference with TENANT's occupancy of the Property, nor shall Rent be abated during any such period of interruption or unavailability. 7. MAINTENANCE AND REPAIRS• HURRICANE _PROTECTION: SURRENDER OF PROPERTY. (a) TENANT shall, at its sole expense,keep and maintain the Property in good, clean and sanitary condition and repair during the Term of this Lease. Except for repairs due to TENANT's misuse, waste, or neglect or that of TENANT"s family members, agents or visitors, the LANDLORD will be responsible for the repair and replacement of the roof, air conditioning system,and appliances. (b) TENANT shall not drain, nor permit the drainage of, grease into the toilets or sinks. WPBDOCS 8540135 2 (c) In the event of a hurricane watch or hurricane warning, TENANT shall use reasonable efforts to secure the Property against damage. (d) LANDLORD shall engage a professional pest control contractor to provide calendar quarterly pest control service. (e) TENANT shall,at the end of the Lease term, surrender and deliver to LANDLORD the Property, without demand, "broom clean" and in the same condition as it existed on the commencement date hereof, reasonable wear and tear excepted. 8. NO ADDITIONS OR ALTERATIONS. (a) TENANT shall not make any additions, changes or alterations in and upon the Property (including, without limitation, painting of portions of the Property) of any nature whatsoever without the prior written consent of LANDLORD, which consent may be given or withheld in LANDLORD's sole discretion. LANDLORD may remove or change, at TENANT's cost and expense, any addition, change or alteration made by TENANT without LANDLORD's consent, the charge for which shall be paid by TENANT upon demand. TENANT shall not permit or install nails, screws or adhesive hangers except standard picture hooks; and no nails, screws or hangers may be placed in walls,woodwork or any part of the Property. (b) No personal property, appliances or fixtures shall be removed by TENANT without the prior written consent of LANDLORD. LANDLORD's interest in the Property shall not be subject to mechanics' or other liens for improvements made by TENANT nor for services, labor or materials performed at TENANT's request. (c) If any lien is filed against the Property for improvements or work claimed to have been done or for materials claimed to have been furnished to TENANT, the lien shall be discharged by TENANT within ten (10) days thereafter, at TENANT's expense, and TENANT shall indemnify LANDLORD for any loss, cost, or expense incurred by LANDLORD as a result of TENANT'S violation of this provision. The foregoing indemnification shall survive termination or expiration of this Lease. 9. DESTRUCTION BY CASUALTY. In the event the Property or any portion thereof may be rendered untenantable by reason of fire, explosion or any other casualty, LANDLORD, at LANDLORD's option, may either repair the Property to make the same tenantable within sixty (60) days thereafter, or terminate this Lease. In such event, LANDLORD shall give TENANT ten (10) days' notice in writing of LANDLORD's intention to repair or terminate this Lease. If LANDLORD elects to repair the damaged Property, LANDLORD shall proceed with due diligence and TENANT's Rent for that period of time during which the Property is or remains untenantable shall be abated or apportioned. 10. PROPERTY LOSS DAMAGE AND INDEMNIFICATION. (a) The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfactory condition WPBDOCs 8540135 2 and acceptable to TENANT. LANDLORD shall not be liable to TENANT, TENANT's family members, agents, licensees or invitees, for damage to persons or property caused by any individual or entity. LANDLORD shall not be liable for any patent or latent defects in the Property. (b) LANDLORD shall not be liable for the presence of bugs, vermin or insects in the Property. TENANT hereby releases LANDLORD from any and all claims for loss, damage or injury of any nature whatsoever to person or property, including (without limitation) damage caused by theft, vandalism, water, smoke, fire or other causes, or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. (c) TENANT further agrees to hold LANDLORD harmless and to indemnify LANDLORD from and against any and all claims, liabilities, actions, causes of action, damages, costs and expenses whatsoever which may arise out of, result from or be attributable to TENANT's use or occupancy of the Property, or any act or omission thereon (whether by TENANT, TENANT's family members, agents, employees, licensees or invitees), which indemnification shall include attorneys' fees at trial and appellate levels. The foregoing indemnification shall survive termination or expiration of this Lease. (d) LANDLORD'S insurance does not cover loss or damage to any of TENANT's personal property or possessions. if TENANT desires insurance coverage for any of TENANT's personal property or possessions, TENANT shall obtain and pay for any such insurance coverage. 11. ASSIGNMENT OR SUBLEASING. TENANT shall neither sublet the Property or any part thereof nor assign (voluntarily or by operation of law) this Lease or any interest therein, nor mortgage nor encumber the Property or this Lease. 12. RIGHT OF ENTRY. LANDLORD shall have the right by or through itself or its agents or employees, to enter the Property at all reasonable hours. LANDLORD's entry into the Property shall be for the purpose examining it and to, in LANDLORD's sole discretion, make such repairs and alterations as LANDLORD may deem necessary to insure the orderly and proper maintenance of same. In addition, LANDLORD specifically reserves the right to enter upon the Property at reasonable times after first having informed TENANT of LANDLORD's intention to do so, for the purpose of showing the Property to prospective: (i) tenants; (ii) purchasers; or (iii) mortgagees. 13. DEFAULT. (a) If TENANT shall fail to pay any installment of Rent or other sums on the due date or if TENANT should fail to keep and perform each and every one of the terms and conditions of this Lease, then and in any of such events, TENANT will be in default hereunder. If TENANT should become in default hereunder, LANDLORD will have any and all of the rights and remedies which the law of Florida confers upon a WPBDOCs 8540135 2 landlord against a tenant in default, including, without limitation, the right to: (i) terminate this Lease and sue for unpaid Rent; and/or (ii) accelerate the entire unpaid balance of the Rent for the Term of this Lease and sue for the collection of such Rent; and/or (iii)take possession of the Property (and any and all of TENANT's personal property therein) and, at LANDLORD's option, rent the Property for the account of TENANT. In the event that LANDLORD takes possession of the Property, it may remove TENANT's personal property and store same at the expense of TENANT, without being liable for damages therefor. In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT, LANDLORD shall receive the Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting (including, without limitation, the cost of brokerage, repair, alteration and all other sums) and apply any remaining Rent or proceedings to payment of Rent and other sums due hereunder and TENANT shall remain liable for any deficiency. If at the time of any default by TENANT there remains any unrefunded balance of the Security, then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity. In the event TENANT shall fail to vacate the Property as and when required hereunder, TENANT shall be deemed a tenant at sufferance and, in addition to any other rights and remedies accorded to LANDLORD,TENANT shall be charged, for each day during its occupancy, an amount equal to 250% of the rental amount which was due hereunder immediately prior to such holdover occupancy. (b) If, by reason of a default hereunder, a party employs an attorney to enforce or otherwise protect its rights hereunder and such party prevails in litigation resulting from the default, the non-prevailing party will owe and will pay the prevailing party's reasonable attorneys' fees (including fees at trial and appellate levels) and costs and expenses. 14. APPLIANCES AND AIR CONDITIONING. All fixtures and appliances at the Property are supplied by LANDLORD for the Term of this Lease and are owned by LANDLORD. 15. SUBORDINATION. This Lease is subject and subordinate to all ground or underlying leases, encumbrances, mortgages and other matters which may now or hereafter affect or become a lien upon the Property (or any portion thereof) and to any renewals, modifications, amendments, replacements or extensions thereof. TENANT shall execute any and all instruments as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT hereby irrevocably appoints LANDLORD as TENANT's attorney-in-fact to execute any and all such instruments. 16. CUMULATIVE REMEDIESL LAWS; NOTICES;_ INVALIDITY; WAIVER• SURRENDER• ENTIRE AGREEMENT: SUCCESSORSAND ASSIGNS. All rights and remedies herein created for the benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be an election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD's resort to any other remedy in WPBDOCs 8540135 2 this Lease. This Lease shall be construed in accordance with Florida law. All notices shall be hand-delivered or mailed by certified mail, return receipt requested, to LANDLORD at the address for payment of Rent and to TENANT (after the date of commencement of the Term of this Lease) at the property address. Notices to TENANT mailed in accordance with the terms hereof shall be deemed given when mailed; however, notices to LANDLORD shall be deemed received only upon actual receipt. Notices to TENANT may be effectuated by personally serving same on TENANT, any member of TENANT's family or any agent of TENANT found at or upon the Property. If any part or provision of this Lease is deemed by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions, all of which shall remain in full force and effect. No act or thing done by LANDLORD shall be deemed an acceptance of a surrender of the Property or this Lease,and no agreement to accept the Property and surrender the Lease shall be valid unless in writing signed by LANDLORD. Delivery of keys to LANDLORD or its agent shall not operate as a termination of this Lease or a surrender of the Property. The failure of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance. Receipt of Rent by LANDLORD with knowledge of breach of any provision of this Lease shall not be deemed a waiver of such breach. No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waiver shall be in writing signed by LANDLORD and no payment of Rent of a lesser amount than that due, nor any endorsement or statement on a check, shall be deemed an accord and satisfaction and LANDLORD may accept such check or payment without prejudice to its right to recover any unpaid rent or other sums, or to pursue any remedy provided in this Lease. This Lease contains the entire agreement between the parties with respect to the subject matter and supersedes any prior or oral agreements or understandings. All promises, covenants and agreements set forth in.this Lease shall be binding upon and inure to the benefit of the parties hereto, and (to the extent permitted) their respective heirs, personal representatives, successors and assigns. 17. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state requirements have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. [SIGNATURES CONTAINED ON FOLLOWING PAGES] WPBDOCS 8540135 2 IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date and year first above written. WITNESSES: LANDLORD: 500 Ocean Properties, LLC, a Florida limited RAIW liability company By: Christian Macoviak, its Managing Member WITNESSES: TENANT: Kala Marketing Croup Its: a WPBDOCS 8540135 2 850-617-6381 1/24/2013 �- 1 :11 AM PAGE 1/002 Fax Server Kc Koh tate - urlo, _ r # V C µ �Ipparltnpnt of #101P 7 n I certify from the records of this office that KALA MARKETING GROUP, LLC, NOR is a limited liability company organized under the laws of the State of Florida, filed on January 23, 2013, effective January 23, 2013, lom The document number of this company is L13000011929. Fgc _ I further certify that said company has paid all fees due this office through December 31, 2013, and its status is active. HA Authentication Code: 813A00001778-012413-1,13000011929-1/1 G Y VIC HC HCHIC X:N§p)j4 BY n ZiKc V PCE V Given under my hand and the Great Seal of the state of Florida, at Tallahassee, the Capital, this the KETwenty-fourth day of January, 2013 Pot t * cqCHI RIO D UT den' �BWher �berretarp of &tate •1 Q, l J XVINAC s State of Dalabure Seozetazy of State Division of tiaras Certificate of Formation 12:23 23 01313 of SRV 130079746 - 52783127 FILE Simple Group, LLC 1. The name of this Delaware limited liability company is: Simple Group, LLC 2. The name and address of the registered agent of the Company is: Corporate Creations Network Inc. 3411 Silverside Road Rodney Building #104 Wilmington DE 19810 3. The Company will be a manager-managed company. 4. The profits and losses of the Company shall be allocated to the members in proportion to their percentage interest in the Company, unless otherwise provided in the Company's limited liability company agreement. Unless otherwise provided in the Company's limited liability company agreement, there shall not be any distribution of profits unless each separate distribution is approved by the affirmative vote of members who own more than 50% of the voting interest in the Company. The voting members shall have complete discretion on when and if to approve any distribution of profits, unless otherwise provided in the Company's limited liability company agreement. 5. No member shall have the right to assign the member's interest in the Company without the written agreement of all the members, unless otherwise provided in the Company's limited liability company agreement. Unless otherwise provided in the Company's limited liability company agreement, if all the members do not approve the assignment, the assignee shall have no right to become a member, to participate in the management of the Company or to exercise any other rights or powers of a member. The assignee shall merely be entitled to receive the share of profits and other distributions and the allocation of income, gain, loss deduction; credit or similar item to which the assignor was entitled,to the extent assigned. The undersigned authorized person has executed this Certificate of Formation on January 23,2013. AUTHORIZED PERSON: 1ESSICA MORALES,SPECIAL SECRETARY J I DEPARTMENT OF IRSIJTRNAL RENESERVCE CINCINNATI OH 45999-0023 Date of this notice: 01-24-2013 Employer Identification Number: 46-1853144 Form: SS-4 Number of this notice: cP 575 G KALA MARKETING GROUP LLC REINALDO SCHIAVINATO SOLE MBR For assistance you may call us at: 301 NE 51ST ST STE 1290 BOCA RATON, FL 33431 1-800-829-4933 IF YOU WRITE, ATTACH THE STUB AT THE END OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN). We assigned you EIN 46-1853144. This EIN will identify you, your business accounts, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, payments, and related correspondence, it is very important that you use your EIN and complete name and address exactly as shown above. Any variation may cause a delay in processing, result in incorrect information in your account, or even cause you to be assigned more than one EIN. If the information is not correct as shown above, please make the correction using the attached tear off stub and return it to us. A limited liability company (LLC) may file Form 8832, Entity Classification Election, and elect to be classified as an association taxable as a corporation. If the LLC is eligible to be treated as a corporation that meets certain tests and it will be electing S corporation status, it must timely file Form 2553, Election by a Small Business Corporation. The LLC will be treated as a corporation as of the effective date of the S corporation election and does not need to file Form 8832. To obtain tax forms and publications, including those referenced in this notice, visit our Web site at www.irs.gov. if you do not have access to the Internet, call 1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office. UTORTANT REMINDERS: * Keep a copy of this notice in your permanent records. This notice is issued only one time and the IRS will not be able to generate a duplicate copy for you. You may give a copy of this document to anyone asking for proof of your EIN. * Use this EIN and your name exactly as they appear at the top of this notice on all your federal tax forms. • Refer to this EIN on your tax-related correspondence and documents. If you have questions about your EIN, you can call us at the phone number or write to us at the address shown at the top of this notice. If you write, please tear off the stub at the bottom of this notice and send it along with your letter. if you do not need to write us, do not complete and return the stub. Your name control associated with this EIN is KALA. You will need to provide this information, along with your EIN, if you file your returns electronically. Thank you for your cooperation. oc S - OJ'PIi JIGV/O LLC CHASE. KALA.MARKET.lNG GROUP, 301 YAMAfO RD STS 1240 80CA RATAN-':FL 33431 3/29/2014 "3,500:00 1'AY TO THE 5Q0 OCEAN PROPERTIES, LLC - _ -ORDER OF: 7. 77. Three Thousand Five Hundred and 001100 7.7 500;OCEAN PROPERTIES,t,LC 51'1.E Ocean Ave,;. •:, - : Baynton Beach, I LA ,,eNa,, , MEMO Advance Rent 6 mo+Secunty Deposit 1120013020 1: 26 708 4 L 3 i1: 180 3 3 3 9 5011' Lease Extension A reement August 30, 1020 500 Ocean Properties, LLC(LANDLORD)and individually(collectively"TENANT")agree to extend lease on said premises know as 533 E Ocean Ave#5, Boynton Beach, FL 33435, original lease dated 1st day of September 2014. For good consideration 500 Ocean Properties,LLC and Kala Marketing Group and Reinaldo Schiavinato ("tenant') agree to extend the said lease for a period of one year,starting date of 1st day of September 2020 and terminating on the 30th day of August 2021. The parties agree that no further right of renewal or extension shall exist beyond the termination date indicated above unless both parties agree to another lease extension agreement. During the lease extension period,Kala Marketing Group and Reinaldo Schiavinato, ("tenant") agrees to pay rent in the amount of$1000.00(One Thousand) per month. This agreement shall be binding upon and shall insure the benefit of the parties,their successors,assigns, personal agents and managing members. Landlord Date l� Tenant Date $13112020 Witness Date Lease Extension Agreement August 12,2021 500 Ocean Properties, LLC(LANDLORD)and Kala Marketing Group and Reinaldo Schiavinato individually(collectively"TENANT") agree to extend lease on said premises know as 533 E Ocean Ave tis, Boynton Beach, FL 33435,original lease dated 1st day of September 2014. For good consideration 500 Ocean Properties, LLC and Kala Marketing Group and Reinaldo Schiavinato ( "tenant") agree to extend the said lease for a period of one year,starting date of 1st day of September 2021 and terminating on the 30th day of August 2022. The parties agree that no further right of renewal or extension shall exist beyond the termination date indicated above unless both parties agree to another lease extension agreement. During the lease extension period,Kala Marketing Group and Reinaldo Schiavinato, "tenant") agrees to pay rent in the amount of$1030.00 G u"ad)per month. ( 0n Vr a wri-[htr 1:!j and tAP tm This agreement shall be binding upon and shall insure the benefit of the parties,their successors,assigns,personal agents and managing members. Landlord ( e ,gyp Date 9,12-4121 Tenant Date 8/22/21 Witness Date FLORIDA TECHNICAL CONSULTANTS, LLC OFFICES #2 & #3 OFFICE SPACE LEASE AGREEMENT THIS COMMERICAL LEASE AGREEMENT ("Lease") is made effective as of the 15th day of October 2017,between 500 OCEAN PROPERTIES,LLC,a Florida limited liability company, whose mailing address is 511 East Ocean Avenue, Boynton Beach, Florida 33435("LANDLORD")and Florida Technical Consultants,LLC,a Florida limited liability company("TENANT"), whose address shall be the address of the "Property" described below. WITNESSETH: That LANDLORD, for and in consideration of the covenants, agreements and conditions herein contained,on the part of TENANT to be kept and performed,does hereby lease to TENANT, and TENANT does hereby lease from LANDLORD, Office 2 located at 533 East Ocean Avenue,Boynton Beach, Florida 33435 ("Property"). The terms and conditions of this Lease are as follows: 1. TERM. The term of this Lease shall be for one (1) year, commencing on October 15,2017 and ending on October 14,2018 2. RENT. (a) TENANT agrees to pay to LANDLORD in lawful money of the United States each month during the Term of this Lease, the sum of Five Hundred Fifty and No/100 Dollars ($550.00) ("Rent"). Rent shall be paid at LANDLORD'S address stated above,or at such other place as LANDLORD may specify in writing. (b) Upon the execution hereof,TENANT shall pay to LANDLORD: (i) the sum of Five Hundred Fifty and No/100 Dollars($550.00)as prepaid first month's rent; (ii) the sum of Five Hundred Fifty and No/100 Dollars ($550.00) as prepaid last month's rent; and (iii) the sum of Five Hundred Fifty and No/100 Dollars ($550.00) representing the Security Deposit(defined below). The total sum to LANDLORD is $1650.00. (c) In addition to any other rights of LANDLORD hereunder, in the event TENANT shall fail to pay rent or other sums due hereunder on its due date,TENANT shall pay to LANDLORD a late fee in the amount of Thirty and No/100 Dollars ($30.00) for each calendar day that the Rent is late beyond the due date. The late fee is not a penalty, but liquidated damages to defray administrative and related expenses due to such late payment. 3. SECURITY DEPOSIT. TENANT hereby deposits with LANDLORD the sum of Five Fifty Hundred and No/100 Dollars ($550.00) as a security deposit(the"Security Deposit"),the receipt of which is hereby acknowledged,which sums shall be held by LANDLORD upon the following terms and conditions: (a) As security for the performance by TENANT of all of the terms,conditions and covenants of this Lease; and (b) As security for the return by TENANT to LANDLORD of the Property in accordance with the terms of this Lease. The Security Deposit shall not be construed as,or applied, in payment of any rental herein reserved to be paid; and (c) In the event of default of any kind by TENANT,then and in such event, LANDLORD shall be deemed authorized, at LANDLORD's option,to retain the Security Deposit as liquidated, stipulated and agreed upon damages; provided, however,that in no event shall LANDLORD be deprived of any other remedy,whether at law or equity or reserved by the terms of this Lease, regardless of retention by LANDLORD of the Security Deposit;and (d) Upon expiration of the Term of this Lease,and in the event that there has been no default of any kind whatsoever on the part of TENANT,the Security Deposit shall be returned to TENANT or LANDLORD shall give TENANT written notice of LANDLORD's intention to impose a claim against the Security Deposit on account of loss or damage to the Property, reasonable wear and tear excepted. There shall be no interest paid on the Security Deposit and LANDLORD may commingle the Security Deposit with other of LANDLORD's funds. 4. INSURANCE: (a) TENANT shall obtain general liability insurance covering the activities of TENANT and TENANT'S employees,agents,contractors,guests,customers, and invitees while on the Property in an amount of no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) each occurance. LANDLORD shall be listed as additional insured and a certificate of insurance shall be provided to LANDLORD within three(3)days after the commencement of this Lease. TENANT shall require its insurance company to provide at least thirty (30) days prior written notice to LANDLORD before canceling or altering the liability insurance policy. (b) TENANT shall obtain insurance covering TENANT'S personal property and inventory located at the Property. Under no circumstance shall LANDLORD be responsible or liable for TENANT'S ersonal roe or inventoEy located at the Properly. 5. OCCUPANCY AND USE OF THE PREMISES. (a) TENANT shall occupy the Property for office purposes only. TENANT shall not change, alter or install locks without the prior written consent of LANDLORD. (b) TENANT shall not allow any pets or animals on the Property without LANDLORD'S prior written consent (which shall be given or denied in LANDLORD's sole and absolute discretion). (c) No smoking shall be er fitted within the office,in the hallways or common areas at anytime with no exceptions. (d) TENANT shall abide by and comply with all reasonable rules and regulations now or hereafter promulgated by LANDLORD and all ordinances and laws of all governmental entities, whether federal, state or local,having jurisdiction in the matter. TENANT shall neither permit not commit,whether with or without knowledge or consent, any immoral, improper or unlawful practice or act in or upon the Property. TENANT agrees not to make,nor permit to be made,any disturbance,noise or annoyance of any kind which is detrimental to the Property. TENANT shall not,in any manner,alter,damage or deface the Property. (e) Provided that TENANT abides by all terms, obligations, and covenants of this Lease, TENANT shall enjoy quiet and peaceful possession of the Property during the Term. 6. UTILITIES. (a) During the Term, LANDLORD shall pay the cost of water and sewer service, garbage service, electricity, and quarterly pest control. During the Term, TENANT agrees to pay all utility charges for telephone,television/internet,and any other utilities or services used at the Property, including all installation and activation fees and any deposits required by such utility providers. (b) Except in the instance of LANDLORD'S negligence,LANDLORD shall not be liable to TENANT in the event any utility services are interrupted or become unavailable, for any reason whatsoever, and such interruption or unavailability shall not constitute actual or constructive eviction, nor be deemed an interference with TENANT's occupancy of the Property,nor shall Rent be abated during any such period of interruption or unavailability. 7. MAINTENANCE AND PAIRS•HURRICANE PROTECTION•. SURRENDER OF PROPERTY•, AND INSURANCE. (a) TENANT shall, at its sole expense,keep and maintain the Property in good, clean and sanitary condition and repair during the Term of this Lease. Except for repairs due to TENANT's misuse,waste,or neglect or that of TENANT"s family members, agents or visitors, the LANDLORD will be responsible for the repair and replacement of the roof,air conditioning system,and appliances. (b) TENANT shall not drain,nor permit the drainage of,grease into the toilets or sinks. (c) In the event of a hurricane watch or hurricane warning, TENANT shall use reasonable efforts to secure the Property against damage. (d) LANDLORD shall engage a professional pest control contractor to provide calendar quarterly pest control service. (e) TENANT shall, at the end of the Lease term, surrender and deliver to LANDLORD the Property, without demand, "broom clean"and in the same condition as it existed on the commencement date hereof,reasonable wear and tear excepted. 8. NO ADDITIONS OR ALTERATIONS. (a) TENANT shall not make any additions, changes or alterations in and upon the Property(including,without limitation,painting of portions of the Property) of any nature whatsoever without the prior written consent of LANDLORD,which consent may be given or withheld in LANDLORD's sole discretion. LANDLORD may remove or change, at TENANT's cost and expense, any addition, change or alteration made by TENANT without LANDLORD's consent,the charge for which shall be paid by TENANT upon demand. TENANT shall not permit or install nails, screws or adhesive hangers except standard picture hooks; and no nails, screws or hangers may be placed in walls, woodwork or any part of the Property. (b) No personal property, appliances or fixtures shall be removed by TENANT without the prior written consent of LANDLORD. LANDLORD's interest in the Property shall not be subject to mechanics' or other liens for improvements made by TENANT nor for services, labor or materials performed at TENANT's request. (c) If any lien is filed against the Property for improvements or work claimed to have been done or for materials claimed to have been furnished to TENANT, the lien shall be discharged by TENANT within ten (10) days thereafter, at TENANT's expense, and TENANT shall indemnify LANDLORD for any loss, cost, or expense incurred by LANDLORD as a result of TENANT'S violation of this provision. The foregoing indemnification shall survive termination or expiration of this Lease. 9. DESTRUCTION BY CASUALTY. In the event the Property or any portion thereof may be rendered untenantable by reason of fire, explosion or any other casualty, LANDLORD, at LANDLORD's option, may either repair the Property to make the same tenantable within sixty (60) days thereafter, or terminate this Lease. In such event,LANDLORD shall give TENANT ten(10)days'notice in writing of LANDLORD's intention to repair or terminate this Lease. If LANDLORD elects to repair the damaged Property, LANDLORD shall proceed with due diligence and TENANT's Rent for that period of time during which the Property is or remains untenantable shall be abated or apportioned. 10. PROPERTY LOSS DAMAGE AND INDEMNIFICATION. (a) The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfactory condition and acceptable to TENANT. LANDLORD shall not be liable to TENANT, TENANT's family members,agents,licensees or invitees,for damage to persons or property caused by any individual or entity. LANDLORD shall not be liable for any patent or latent defects in the Property. (b) LANDLORD shall not be liable for the presence of bugs,vermin or insects in the Property. TENANT hereby releases LANDLORD from any and all claims for loss, damage or injury of any nature whatsoever to person or property, including (without limitation)damage caused by theft,vandalism,water,smoke,fire or other causes, or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. (c) TENANT further agrees to hold LANDLORD harmless and to indemnify LANDLORD from and against any and all claims, liabilities,actions,causes of action, damages,costs and expenses whatsoever which may arise out of, result from or be attributable to TENANT's use or occupancy of the Property,or any act or omission thereon (whether by TENANT, TENANT's family members, agents, employees, licensees or invitees), which indemnification shall include attorneys' fees at trial and appellate levels. The foregoing indemnification shall survive termination or expiration of this Lease. (d) LANDLORD'S insurance does not cover loss or damage to any of TENANT's personal property or possessions. If TENANT desires insurance coverage for any of TENANT's personal property or possessions, TENANT shall obtain and pay for any such insurance coverage. 11. ASSIGNMENT OR SUBLEASING. TENANT shall neither sublet the Property or any part thereof nor assign(voluntarily or by operation of law)this Lease or any interest therein, nor mortgage nor encumber the Property or this Lease. 12. RIGH'1" OF ENTRY. LANDLORD shall have the right by or through itself or its agents or employees, to enter the Property at all reasonable hours. LANDLORD's entry into the Property shall be for the purpose examining it and to, in LANDLORD's sole discretion, make such repairs and alterations as LANDLORD may deem necessary to insure the orderly and proper maintenance of same. In addition, LANDLORD specifically reserves the right to enter upon the Property at reasonable times after first having informed TENANT of LANDLORD's intention to do so,for the purpose of showing the Property to prospective: (i)tenants;(ii)purchasers;or(iii)mortgagees. 13. DEFAULT. (a) If TENANT shall fail to pay any installment of Rent or other sums on the due date or if TENANT should fail to keep and perform each and every one of the terns and conditions of this Lease,then and in any of such events,TENANT will be in default hereunder. If TENANT should become in default hereunder,LANDLORD will have any and all of the rights and remedies which the law of Florida confers upon a landlord against a tenant in default, including, without limitation, the right to: (i) terminate this Lease and sue for unpaid Rent; and/or(ii)accelerate the entire unpaid balance of the Rent for the Term of this Lease and sue for the collection of such Rent; and/or (iii)take possession of the Property (and any and all of TENANT's personal property therein) and, at LANDLORD's option, rent the Property for the account of TENANT. In the event that LANDLORD takes possession of the Property, it may remove TENANT's personal property and store same at the expense of TENANT, without being liable for damages therefor. In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT, LANDLORD shall receive the Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting(including,without limitation, the cost of brokerage, repair, alteration and all other sums)and apply any remaining Rent or proceedings to payment of Rent and other sums due hereunder and TENANT shall remain liable for any deficiency. If at the time of any default by TENANT there remains any unrefunded balance of the Security,then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity. In the event TENANT shall fail to vacate the Property as and when required hereunder, TENANT shall be deemed a tenant at sufferance and, in addition to any other rights and remedies accorded to LANDLORD, TENANT shall be charged, for each day during its occupancy, an amount equal to 250% of the rental amount which was due hereunder immediately prior to such holdover occupancy. (b) If, by reason of a default hereunder, a party employs an attorney to enforce or otherwise protect its rights hereunder and such party prevails in litigation resulting from the default, the non-prevailing party will owe and will pay the prevailing party's reasonable attorneys' fees (including fees at trial and appellate levels) and costs and expenses. 14. APPLIANCES AND_AIR CONDITIONING. All fixtures and appliances at the Property are supplied by LANDLORD for the Term of this Lease and are owned by LANDLORD. 15. SUBORDINATION. This Lease is subject and subordinate to all ground or underlying leases, encumbrances, mortgages and other matters which may now or hereafter affect or become a lien upon the Property (or any portion thereof) and to any renewals,modifications,amendments,replacements or extensions thereof. TENANT shall execute any and all instruments as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT hereby irrevocably appoints LANDLORD as TENANT's attorney-in-fact to execute any and all such instruments. 16. CUMULATIVE REMEDIES• LAWS; NOTICES- INVALIDITY• WAIVER• SURRENDER; ENTIRE AGREEMENT,• SUCCESSORS AND ASSIGNS. All rights and remedies herein created for the benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be an election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD's resort to any other remedy in this Lease. This Lease shall be construed in accordance with Florida law. All notices shall be hand-delivered or mailed by certified mail,return receipt requested,to LANDLORD at the address for payment of Rent and to TENANT(after the date of commencement of the Term of this Lease)at the property address. Notices to TENANT mailed in accordance with the terms hereof shall be deemed given when mailed; however, notices to LANDLORD shall be deemed received only upon actual receipt.Notices to TENANT may be effectuated by personally serving same on TENANT, any member of TENANT's family or any agent of TENANT found at or upon the Property. If any part or provision of this Lease is deemed by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions,all of which shall remain in full force and effect. No act or thing done by LANDLORD shall be deemed an acceptance of a surrender of the Property or this Lease, and no agreement to accept the Property and surrender the Lease shall be valid unless in writing signed by LANDLORD. Delivery of keys to LANDLORD or its agent shall not operate as a termination of this Lease or a surrender of the Property. The failure of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance. Receipt of Rent by LANDLORD with knowledge of breach of any provision of this Lease shall not be deemed a waiver of such breach. No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waiver shall be in writing signed by LANDLORD and no payment of Rent of a lesser amount than that due, nor any endorsement or statement on a check, shall be deemed an accord and satisfaction and LANDLORD may accept such check or payment without prejudice to its right to recover any unpaid rent or other sums, or to pursue any remedy provided in this Lease. This Lease contains the entire agreement between the parties with respect to the subject matter and supersedes any prior or oral agreements or understandings. All promises,covenants and agreements set forth in this Lease shall be binding upon and inure to the benefit of the parties hereto, and (to the extent permitted) their respective heirs, personal representatives, successors and assigns. 17. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state requirements have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. [SIGNATURES CONTAINED ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date and year first above written. WITNESSES: LANDLORD: �.p 500 Ocean Properties, LLC By: Christian Macoviak,its Managing Member TENANT: By: J rye Barton,its President to Jamesart gin, Individually as Personal Guarantor, 'all of the terms and conditions of this Lease COA . 7 1186 FLORIDA TECHNICAL CONSULTANTS LLC 10327 TRIVERO TER BOYNTON BEACH,FL 33437-3775 63-751/63110548 t 3162297885 a' p DATE . ._ _l �i PAY TO THE n` ORDER �XUJv _ DOLLARS10 m Wa85 FargoBank NA Florida m "U'largoao s FOR+ C _ fir+ 11100000011B6u■ i:0631075L31: 31l6229788Sv fames dyton PX 40 1 ';tr..v''4M .a,.c Ave_,Suite 1,19 Pa3'me IMM-9 4-8488 t.nc.'conl lE'r:I'1MAd EONS CIVIL 1 NO!"Nr_,(:MN(i- (AS - IKYEGRA711_10N TRAV"'1 sr1 :, a (fry 'Y Lease Extension Agreement September 28, 2020 500 Ocean Properties, LLC, a Florida limited liability company whose mailing address is 511 E Ocean Avenue, Boynton Beach, FL 33435 ("LANDLORD")and Florida Technical Consultants, LLC, a Florida limited liability company("TENANT")agree to extend lease on said premises know as 533 E Ocean Ave#2 and#3, Boynton Beach, FL 33435, original lease dated 15th day of October 2017. For good consideration 500 Ocean Properties, LLC and Florida Technical Consultants, LLC "tenant") agree to extend the said lease for a period of one year,starting date of 15th day of October 2020 and terminating on the 14th day of October 2021. The parties agree that no further right of renewal or extension shall exist beyond the termination date indicated above unless both parties agree to another lease extension agreement. During the lease extension period, Florida Technical Consultants, LLC, ("tenant") agrees to pay rent in the amount of$1300.00(One thousand#aws �t 'vj per month. This agreement shall be binding upon and shall insure the benefit off the parties,their successors,assigns, personal agents and managing members. Landlord 0 4At 41A)ln Date _112 2X:) Tenant ac Date —150T 'I a 2020 Witness Date Lease Extension Agreement September 21,2021 500 Ocean Properties, LLC, a Florida limited liability company whose mailing address is 511 E Ocean Avenue, Boynton Beach, FL 33435 ("LANDLORD")and Florida Technical Consultants, LLC, a Florida limited liability company("TENANT")agree to extend lease on said premises know as 533 E Ocean Ave#2 and #3, Boynton Beach, FL 33435,original lease dated 15th day of October 2017. For good consideration 500 Ocean Properties, LLC and Florida Technical Consultants, LLC "tenant") agree to extend the said lease for a period of one year,starting date of 15th day of October 2021 and terminating on the 14th khnical October 2022. The Parties reserve the right, in their sole and absolute discretion,to to this lease for any reason upon providing 90 days written Notice to the other Party. Initial (Tenant) L11 /-- During the lease extension period, Florida Consultants, LLC, ("tenant") agrees to pay rent in the amount of$1340.00(One thousand three hundred forty) per month. This agreement shall be binding upon and shall insure the benefit of the parties,their successors, assigns, personal agents and managing members. Landlord N, kqyneif A h Date Tenant Date IXciT ( Gyzl Witness Date LEASE AMENDMENT THIS LEASE AMENDMENT("Amendment')is entered into effective as of the 1- day of September 2017 ("Effective Date") between 500 OCEAN PROPERTIES, LLC, a Florida limited liability company ("Lessor"), having an address of 511 East Ocean Avenue, Boynton Beach, Florida 33435, and CAFt BARISTA, INC., a Florida corporation, d/b/a Hurricane Alley Raw Bar & Restaurant ("Lessee"), whose address is 529 East Ocean Avenue,Boynton Beach,Florida 33435. RECITALS: WHEREAS, Harvey E. Oyer, Jr., as lessor, and Lessee entered into that certain Business Lease("Lease"), dated October 2,2007,for ground floor retail space located at 527, 529,and 531 East Ocean Avenue,Boynton Beach,Florida to be used exclusively as a restaurant("Leased Premises');and WHEREAS, Harvey E. Oyer, Jr. died on December 18, 2010 and Lessor became the owner and landlord of the Leased Premises;and WHEREAS, Lessor and Lessee entered into that certain Lease Amendment dated effective January 1, 2011 which, among other changes, granted Lessee the right to make specific alterations to the Leased Premises, obtain an alcoholic beverage license, install signage,and extend the term of the Lease;and WHEREAS, Lessor and Lessee entered into that certain Lease Amendment dated July 2011 which granted Lessee a license for use of a portion of the sidewalk;and WHEREAS, Lessor and Lessee entered into that certain Lease Amendment dated September 1, 2014 which added 533 East Ocean Avenue, Office 4 to the Leased Premises;and WHEREAS, Lessor and Lessee mutually desire to further amend the Lease in accordance with the teams and conditions contained herein. NOW, THEREFORE, in consideration of the above recitals, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which both parties hereto acknowledge, Lessor and Lessee hereby agree as follows: AGREEMENT: 1. RECITALS. The above Recitals are true and correct and are incorporated herein by this reference. 2. OTHER LEASE PROVISIONS. Unless specifically amended by this Amendment,all other terms and conditions of the Lease,as previously amended,remain unchanged and in fiill force and effect. 3. EXTENSION OF TERM AND RENT. Lessor and Lessee mutually desire to extend the term of the Lease for an additional five(5)years after the expiration of the existing term of the Lease on August 31,2017. Lessor and Lessee hereby agree that the Lease term is hereby extended an additional five(5)years and shall expire on August 31, 2022. For the first three(3)years of the extended berm of the Lease,the Rent(defined below)shall remain the same as it is on the Effective Date hereof. For year four(4)of the extended term of the Lease,the Rent shall increase 5%. For year five(5)of the extended term of the Lease,the Rent shall increase an additional 5%. The Rent shall be $5,875 per month,which includes$4,500 of base rent for the restaurant,$1,000 for the Alcohol License,and$375 for the upstairs Office 4. Lessee shall pay the Rent,plus all applicable sales taxes,to Lessor each month,without demand,at Lessor's office. At Lessee's request,Lessor hereby authorizes and permits Lessee to divide the monthly Rent payments so that one-half of the monthly Rent shall be paid by Lessee to Lessor on the 1" day of each month during the extended term hereof and the remaining one-half of the Rent shall be paid by Lessee to Lessor on the 1511 day of each month during the extended term hereof. In addition to the Rent,Lessee shall pay to Lessor one-half of the property taxes and assessments for the building within thirty(30)days after Lessor provides Lessee with a copy of the annual property tax bill,usually early November of each year. In addition to the Rent,Lessee shall also pay to Lessor each month one-third of the garbage and recycling dum Aster fees and taxes. 4. RIGHT OF FIRST REFUSAL. Prior to or upon the expiration of the extended tern of the Lease provided for herein,Lessee shall have a right of first refusal to match the terms and conditions of any lease for the Leased Premises that Lessor obtains from a third party potential lessee. After presentation by Lessor to Lessee of the terms and conditions of any third party potential lease,Lessee shall have ten(10)days in which notify Lessor of its intention to exercise the right of first refusal and match the same terms and conditions. Should Lessee fail to agree to match the same terms and conditions within said ten(10)period,Lessee's right of first refusal shall be waived and Lessor may proceed to lease the Leased Premises to the third party. Should Lessee exercise its right of first refusal within said ten(10)days,Lessor and Lessee shall enter into a new or amended lease agreement for the Leased Premises on such terms and conditions contained in the right of first refusal notice. [Signature page follows] IN WITNESS WHEREOF,the Lessor and Lessee have executed this Amendment effective as of the day and year first above written. Signed, sealed and delivered in the presence of. LESSOR: 500 Ocean Properties,LLC,a Florida limited liability company By: i�aLry a-11' Print Name: V-a-�cIts: Managing Member Print Name: [1-L( LESSEE: CAFE BARISTA,INC., a Florida corporation,d/b/a Hurricane Alley Raw Bar&Restaurant W6, Print Name: e Kiniberly B. I el Presideif Print Naml_4Z��_7 AAFFILIATED E v 0-P_,M", E N I LETTER OF INTENT On Behalf of Affiliated Development, we are pleased to extend this Letter of Intent (the 101") to lease commercial space in what will be a new development project located at the Site (as further defined herein). Landlord: BB QOZ, LLC, a Florida limited liability company, is successors or assigns (an affiliated entity of Affiliated Development, RFP/RP Q proposer) Tenant: CAFE BARISTA, INC., a Florida corporation, d/b/a Hurricane Alley Raw Bar & Restaurant Site: Lots 6 and 7, Block 1, "Subdivision of the Town of Boynton,"as further defined in Exhibit A; and all ancillary alleyways & rights of way should they be abandoned by the City of Boynton Beach RFPIRFO: Request for Proposals and Developer Qualifications for 115 N. Federal Highway Infill Mixed-Use Redevelopment Project (RFP#21-05), issued July 23, 2021 by the Boynton Beach CRA Project: Landlord is submitting a proposal for the RFP/RFQ that will be a mixed-use development project with an 8-story multifamily rental building, retail, restaurant and office spaces, including a parking garage Building: Approximately 3,000 square feet of first floor commercial retail building located on the Site with approximately 1,500 square feet of mezzanine space, as further defined in the attached building floor plan, which may be adjusted as required until the Landlord has received site plan approval from governing jurisdiction Property: Shall mean the Site and Building Use: Bar& Restaurant Base Rent: $7,875 per month, $94,500 per year Lease Type: NNN Initial Lease Term: 15 Years Renewal: One (1) 15-year Extension Option Rent Increases- 4.011% t-vpry two ypanq Purchase Option: Within 5 years from the Possession Date (the "Option Term"), Tenant shall have the option to purchase the Property from Landlord for a 5.50% capitalization rate, as determined by the calculation as stated herein (the "Sale Price Calculation"). During the Option Term, Tenant shall notify Landlord in writing of Tenant electing to exercise the Purchase Option (the '61�NW3rd Ave., Ste 104, Fort Lauderdale, FL 33311 (954)953-6733 AAFFILIATED "Purchase option Notice"). The Purchase Option Notice shall include (a)the Sale Price Calculation, (b)the intended date of closing (which must fall within the Option Term), and (c) proof of financing. Sale Price Calculation shall be determined by adding the look ahead 12 months in Base Rent, starting with the intended closing date, divided by 5.50%. Sales Tax: Palm each County, currently at 7.0% Possession Date: Upon the date Landlord provides Tenant written notice the Demised Premises has achieved a TCO (temporary certificate of occupancy) from the governing authority, or similar. Landlord will work in good faith with the CRA to take possession of the Site and start construction on the Building ahead of starting construction on the remaining Project so as to minimize the timeframe between demolishing Tenant's current business location and the Possession Date of the new Building. Rent Effective Date: Possession Date Prepaid Rent: 2 Months, which shall be applied to first and last month rent Security Deposit: $15,000.00 Design: Tenant shall work with Landlord design team to design the Demised Premises to accommodate the Use of the Tenant. Cost of the design shall be borne by the Landlord, however, any changes to the design after building permit issuance shall be borne by Tenant. The final design must be approved by Landlord and shall be in accordance with the Landlord budgets, which will be provided to Tenant. Timeframes shall be established by Landlord for Tenant to make design decisions, and parties will work in good faith to ensure a mutually acceptable design will be finalized given within the allotted timeframes. Excessive design costs will be borne by Tenant. Landlord Work: Landlord shall deliver the space to a vanilla shelf condition, which shall mean that the space will have the following: HVAC, concrete-slab floor, ready-to-paint walls, electrical outlets, primary lighting (not decorative fixtures), plumbing stub-in connections, bathrooms equipped with toilets and sinks, grease trap, cooking ventilation, storefront windows and doors, standard sound proofing, exposed and painted ceiling, interior doors, and any other code-required feature. The cost of Landlord Work shall be borne by the Landlord. Tenant Work: At the time all Landlord work has been completed, Tenant shall be responsible to build-out any remaining construction (including the requirement for any additional permitting). Tenant shall hire Landlord's general contractor, or another qualified general contractor as approved by Landlord, to complete Tenant Work. Tenant shall be responsible for (but riot limited to)the following improvements to the Demised Premises: paint, flooring (beyond concrete), tile, specialty carpentry and woodwork (bar), decorative light fixtures, millwork, kitchen/bar equipment installation, low voltage, furniture installation, audio/visual, decorative fixtures, and all other 1 sr 13 NW 3rd Ave.,Ste 104, Fort Lauderdale, FL 33311 (954)953-6733 AAFFILIATED 0 E V F T work not provided by Landlord. Landlord shall provide Tenant with a $200,000 allowance for all Tenant Work, which shall be drawn based on % complete of Tenant Work and after Landlord Work, Any Tenant Work costing over$200,000 shall be the responsibility of the Tenant. Building Signage: Tenant shall work with Landlord sign company to design exterior Tenant signage, Landlord shalt approval the final design for the exterior signage. The cost of the exterior building signage shall be borne by the Tenant. Information: Tenant shall provide Tenant operating history, financial statements and any other documentation to the Landlord that is reasonably requests. Guaranty: All owners of the Tenant agree to a guaranty. Guaranty shall be lifted at the time cumulative rent (payable to Landlord) exceeds the total amount of the Landlord Work. Confidentiality: Tenant agrees that all information exchanged during negotiations or once this LOI is complete, shall not be disclosed, disseminated, published, released or reproduced to any person, corporate or individual, other than the officers, directors and legal consultants of the Tenant. RFP/RFQ Exclusivity: From the date this L is fully executed, Tenant agrees to cease communication with any party interested in or participating in the RFP/RFQ. In the avoidance of doubt, this means that Tenant (and it's officers, affiliates, employees and consultants) shall not have any communication (written or verbal) relating to the Landlord, this L or the FFP/FBF Q unless such communication is approved by Landlord. Tenant agrees to publicly support the Project and Landlord in the RFP/ F , and shall make all reasonable efforts to assist Landlord on being selected for the RFP1RFQ and obtaining all municipal approvals. Tenant agrees (as business and in personal capacity) not to interfere with the RFP/RFQ in a manner that Could cause harm to the Landlord or Project. (signature page to follow) ilj NW 3rd Ave., Ste 104, Fort Lauderdale, FL 33311 (954)953-6733 3 AbAFFILIAT-ED �v'E L r m E N T Landlord and Tenant shaft work in good faith to finalize a final lease agreement, consistent with the terms contained herein. Such lease agreement shall be finalized within 90 days after the Landlord achieves site control for all properties necessary to accommodate the Development, This LOO and any obligation herein shall be non-binding and subject to the execution and delivery of a mutually agreeable lease agreement, which exception to a//exclusivity and confidentiality provisions. Tenant Signature: Printed Name: Signature, Title/Entity: Date: Landlord Acceptance, Printed Name:Jeff Burns Signature: Title/Entity: Manager, BB QOZ, LLC Date: 613 NW 3rd Ave., Ste 104, Fort Lauderdale, FL 33311 (954)953-6733 Utterback, Theresa Subject: FW: Lease Extension - Cafe Barista, Inc. From: Kim Kelly<harleycabo@gmail.com> Sent:Tuesday,June 28, 2022 9:36 AM To: Shutt,Thuy<ShuttT@bbfl.us>;Jeffrey Burns<iburns@affiliateddevelopment.com>; Michael Weiner <mweiner@ssclawfirm.com> Subject: Re: Lease Extension -Cafe Barista, Inc. Good Morning, I would like to renew my lease at 529 E Ocean Ave Boynton Beach for another year plus automatic 6 month renewals until Affiliated Development acquires the building. Rent will stay the same throughout which will include taxes,trash and exterior insurance. If at any time,the Affiliated group acquires the building, a 90 day termination agreement may be executed by the CRA and the Affiliated group will assume the lease for Hurricane Alley Raw Bar and Restaurant. Sincerely Kim Kelly 1 From: Kim Kelly To: Utterback,Theresa Subject: Re: Lease Extension-Cafe Barista, Inc. Date: Wednesday,June 1, 2022 2:34:43 PM Attachments: imaae893831.pno imaae074922.12na imaae124778.pno image148319.pna imaae354062.pno image198576.pna imaae170829.pno To CRA Staff Please receive this email as a request for a lease extension on 529 East Ocean Ave Boynton Beach Blvd aka Cafe Barista, Inc., dba Hurricane Alley, either month to month or until the Affiliated Development team takes possession, as the same terms and conditions of current lease. Kim Kelly Owner/President On Wed, Jun 1, 2022 at 2:16 PM Utterback, Theresa<UtterbackTgbbfl.us>wrote: Good Afternoon Kim: In review of your current lease amendment(attached), it appears that the current lease for Cafe Barista, Inc. (529 E. Ocean Avenue & 533 E. Ocean Avenue, Office 4) is due to expire on August 31, 2022. Can you please provide us with a written request for an extension. As you know, the CRA is currently under negotiations with Affiliated for the project at 115 N. Federal Highway. The closing is not anticipated to take place before the expiration of your lease. Therefore, we'd like to present your request for extension to the CRA Board at it's July 12, 2022 meeting. Please do not hesitate to call with questions. Thank you, Theresa Theresa Utterback Deve|opmentServices KXana,-er Boynton Reach Community Redeve|opmentAOency 1OOE. OceanAve. � Roynton Reach, F|orida ��4�5 gU561 GOO9O94 561 737 325Q g; U�erbackl��bbf| us � 0g� http�//�vvvvbnyntnnbeachcraoom � httP://www.boyntonbeachcra.com � America's Gateway to the Gulfstream P|ease be advisedthat F|orida hasa broad pubUcrecords law am all correspondenceto me via email may besuL'ecttodisc|osure.Under F|orida records law, email addresses are pi bUc records.lherefore, youre' mail communication and youre'mai| address may besuL'ectto pubUcdisc|osure LEASE AMENDMENT THIS LEASE AMENDMENT("Amendment") is entered into this 1st day of September, 2022, ("Effective Date") between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("Lessor"), having an address of 100 E Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435, and CAFE BARISTA, INC., a Florida corporation, d/b/a Hurricane Alley Raw Bar & Restaurant ("Lessee"), whose address is 529 East Ocean Avenue, Boynton Beach, Florida 33435. RECITALS: WHEREAS, Harvey E. Oyer, Jr., as Lessor, and Lessee entered into that certain Business Lease("Lease"), dated October 2, 2007,for ground floor retail space located at 527, 529, and 531 East Ocean Avenue, Boynton Beach, Florida to be used exclusively as a restaurant "Leased Premises"); and WHEREAS, the Lease was amended by a Lease Amendment dated January 1, 2011, which, among other changes, granted Lessee the right to make specific alterations to the Leased Premises, obtain an alcoholic beverage license, install signage, and extend the term of the Lease; and WHEREAS, by Lease Amendment dated July 2011, Lessee was granted a license for use of a portion of the sidewalk; and WHEREAS, by Lease Amendment dated September 1, 2014, 533 East Ocean Avenue, Office 4 was added to the Leased Premises; and WHEREAS, the Lease was amended on September 1, 2017, to extend the term of the Lease to August 31, 2022; and WHEREAS, Lessor and Lessee mutually desire to further amend the Lease in accordance with the terms and conditions contained herein. NOW, THEREFORE, in consideration of the above recitals, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which both parties hereto acknowledge, Lessor and Lessee hereby agree as follows: AGREEMENT: 1. RECITALS. The above Recitals are true and correct and are incorporated herein by this reference. 2. OTHER LEASE PROVISIONS. Unless specifically amended by this Amendment, all other terms and conditions of the Lease, as previously amended, remain unchanged and in full force and effect. 01684014-1 Page 1 of 2 3. EXTENSION OF TERM AND RENT. Lessor and Lessee hereby agree that the Lease term is hereby extended an additional one (1) year and shall expire on August 31, 2023. Lessee shall have the right to an additional six (6) month extension upon providing not less than thirty (30) days written noticed to Lessor. Any additional requests for extension will need be approved by the Boynton Beach Community Redevelopment Agency Board. The rent terms and conditions of this Lease shall remain unchanged for the term of this Lease and any exercised extension period. 4. RIGHT OF TERMINATION. Either party reserves the right, upon providing ninety (90) days written notice to the other, to terminate this Lease and any amendment and extension thereof. IN WITNESS WHEREOF, the Lessor and Lessee have executed this Amendment effective as of the day and year first above written. Signed, sealed and delivered in the presence of: LESSOR: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Ty Penserga, Chair Print Name: LESSEE: CAFE BARISTA, INC., a Florida corporation, d/b/a Hurricane Alley Raw Bar& Restaurant By: Print Name: Kimberly B. Kelly, President Print Name: 01684014-1 Page 2 of 2 Meeting Minutes CRA Board Boynton Beach, Florida July 12, 2022 James Barton, 533 E Ocean, President of Florida Technical Consultants, advised that he will submit a letter asking for a lease extension, similar to what Hurricane Alley has. He said that they have an agreement with the new owner to stay in the building until they take ownership, and they hope to occupy a unit in the new building. He stated that if it is voted down, they are looking for another place, but if allowed to remain, they will alleviate liability concerns, as they now have second method for egress. Chair Penserga closed Public Audience. Item 14 B Discussion of lease amendment with CRA and Hurricane Alley, (Heard out of Order) Ms. Shutt presented the agenda item. Mr. Grant, on behalf of Hurricane Alley, stated that there was incorrect information in Ms. Shutt's presentation. Attorney Duhy recommended Mr. Grant not speak on the client's behalf until the Board receives an Opinion from the Attorney General or the Commission on Ethics. Mr. Grant explained that was for a different matter of representation with compensation, but he announced that his client would speak for herself. Kim Kelly, from Hurricane Alley, stated that she did not have a one-year extension, she has had five, five-year renewable leases every five years for 25 years. She detailed the terms she wanted and stated that her legal counsel will negotiate on her behalf at the appropriate time. Attorney Duhy stated that because of Ms. Kelly's agreements will Affiliated Development, they cannot have a lease that extends beyond the closing date, per the Purchase and Sale Agreement unless they waive that provision. After brief discussion, there was agreement to table the item to work out the details. Motion Board Member Turkin moved to table Item 14 B. Board Member Kelley seconded the motion. The motion passed unanimously. 11. Consent Agenda A. CRA Financial Report Period Ending June 30, 2022 B. Approval of CRA Board Meeting Minutes - May 10, 2022 4 Curfman, Vicki From: Shutt, Thuy Sent: Tuesday,July 26, 2022 3:50 PM To: Steven B. Grant;tduhy@llw-law.com Cc: laker@kappmorrison.com; Utterback,Theresa; Tack,Timothy; Hill,Vicki; Utterback, Theresa; Curfman, Vicki Subject: RE: Lease Amendment for Cafe Barista, Inc. and Request for Ethics Opinion Good afternoon, Thank you, we will review and get back to you if there are questions. Ti...0 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 33435 561-600-9098 ShuttT@bbfLus http://www.boyntonbeachcra.com s BOY TO �( r COMMUNITY ,,,- UNIT DwV L, °: M. 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: Steven B. Grant<steven@grantlegal.com> Sent:Tuesday,July 26, 2022 12:36 PM To: Shutt,Thuy<ShuttT@bbfl.us>;tduhy@llw-law.com Cc: laker@kappmorrison.com Subject: Lease Amendment for Cafe Barista, Inc. and Request for Ethics Opinion Kindly find attached, the letter with the pre approved lease terms from Affiliated Development and update on the status for an Ethics Opinion from the Florida Commission of Ethics. I will be unable to attend the August 9, 2022, CRA Board meeting; therefore, please inform me if you have any questions or concerns before I leave on August 5, 2022. Steven B. Grant, Esq. PO Box 424 Boynton Beach, FL 33425 Phone 1-561-880-5529 www.grantlegal.com NOTE:This e-mail is from a law firm,Steven B.Grant,Esq.("SBG"),and is intended solely for the use of the individual(s)to whom it is addressed.If you believe you received this e-mail in error,please notify the sender immediately,delete the e-mail from your computer and do not copy or disclose it to anyone else.If you are not an existing client of SBG, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to SBG in reply that you expect it to hold in confidence.If you properly received this e-mail as a client,co-counsel or retained expert of SBG,you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. FDCPA Notice:This firm is a debt collector.Any information obtained or provided may be used for that purpose 2 Steven B. Grant, Esquire Attorney and Counselor at Law Steven B. Grant PO Box 424 Phone: 1-561-767-8750 (DC,FL,MD,WV) Boynton Beach Florida 33425 Fax: 1-561-423-3769 FL Civil Law Notary Email: Steven@GrantLegal.com July 26, 2022 VIA ELECTRONIC MAIL <shuttt@bbfl.us> and<tduhy@IIw-Iaw.com> Boynton Beach Community Redevelopment Agency 100 E Ocean Ave, 4th Floor Boynton Beach, FL 33435 RE: Lease Extension Ethics Opinion from Commission on Ethics Dear Chair Penserga, Vice-Chair Cruz and Board Members Hay, Turkin & Kelley: This firm continues to represent Cafe Barista,Inc.in the lease extension discussion and update of Florida Ethics. Per our discussion on July 12, 2022; kindly find attached the lease amendment with prior approval from Affiliated Development a/k/a BB QOZ,Inc. A redline copy is also included,that details the lease history, attached as Exhibit"A." The September 1,2017, lease extension between 500 Ocean Properties,LLC and Caf6 Barista, Inc. defines the amount for rent plus all applicable sales taxes. However,the lease only provides for a percentage of other types of costs and expenses. My client has approval for the payment of$7,297.71 for the term of the lease extension. On July 21,2022,the Florida Commission on Ethics emailed their confirmation of my request for an opinion.I have attached the email and letter, attached as"Exhibit B".My apologies,I incorrectly stated Attorney General Ashley Moody would be issuing the opinion. If the BBCRA desires more opinions; I can request more opinions. I believe there are at least three other regulating agencies that can provide opinions. Thank you in advance for your cooperation. If you have any questions,please do not hesitate to call our office. Steven B. Grant, Esq. Florida Bar. No.: 85017 cc: Caf6 Barista, Inc. Lance Aker, Esq. Exhibit " A " LEASE AMENDMENT THIS LEASE AMENDMENT ("Amendment") is entered into this 1st day of September, 2022, ("Effective Date") between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("Lessor"), having an address of 100 E Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435, and CAFE BARISTA, INC., a Florida corporation, d/b/a Hurricane Alley Raw Bar & Restaurant ("Lessee"), whose address is 529 East Ocean Avenue, Boynton Beach, Florida 33435. RECITALS: WHEREAS, Harvey E. Oyer, Jr., as former Landlord, and Lessee entered into that certain Business Lease (as amended, the "Lease"), dated October 2, 2007, for ground floor retail space located at 527, 529, and 531 East Ocean Avenue, Boynton Beach, Florida to be used exclusively as a restaurant ("Leased Premises"), and WHEREAS, Lessor and Lessee mutually desire to further amend the Lease in accordance with the terms and conditions contained herein. NOW, THEREFORE, in consideration of the above recitals, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which both parties hereto acknowledge, Lessor and Lessee hereby agree as follows: AGREEMENT: 1. RECITALS. The above Recitals are true, correct and to the belief of the Lessor and Lessee are incorporated herein by this reference 2. OTHER LEASE PROVISIONS. Unless specifically amended by this Amendment, all other terms and conditions of the Lease, as previously amended, remain unchanged and in full force and effect. 3. EXTENSION OF TERM AND RENT. Lessor and Lessee hereby agree that the Lease term is hereby extended an additional one (1) year and shall expire on August 31, 2023. Lessee shall have the right to an additional six (6) month extension upon providing not less than thirty (30) days prior written notice to Lessor. Additional requests will need to be approved by the Boynton Beach Community Redevelopment Agency Board. The rent shall be $5,875.00 per month, which includes $4,500.00 of base rent for the restaurant, $1,000.00.00 for the Alcohol License, and $375.00 for the upstairs office 4. Lessee shall pay the Rent, plus all applicable sales taxes, to Lessor each month, without demand. In addition to the Rent, Lessee shall also pay a percentage of Lessor's: insurance, garbage and recycling dumpster fees; and taxes. Lessee's total payment to Lessor each month shall remain unchanged for the term of this lease at Seven Thousand Two Hundred Ninety-Seven and 71/100 Dollars ($7,297.71). 4. RIGHT OF TERMINATION.Notwithstanding anything to contrary set forth 296467v2 herein or in the Lease, the Lessor shall have the right to terminate the Lease at any time by providing at least sixty (60) days prior written notice to Lessee;provided, however that the date of termination of the Lease shall not be prior to the date that the Leased Premises are sold to BB QOZ, LLC, a Florida limited liability company. IN WITNESS WHEREOF, the Lessor and Lessee have executed this Amendment effective as of the day and year first above written. Signed, sealed and delivered in the presence o£ LESSOR: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Florida Dependent Special District By: Print Name: Ty Penserga, Chair Print Name: 296467v2 LESSEE: CAFE BARISTA, INC., a Florida Corporation, d/b/a Hurricane Alley Raw Bar & Restaurant By: Print Name: Kimberly B. Kelly, President Print Name: 296467v2 LEASE AMENDMENT THIS LEASE AMENDMENT ("Amendment")is entered into this 1st day of September, 2022, ("Effective Date") between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("Lessor"), having an address of 100 E Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435, and CAFE BARISTA, INC., a Florida corporation, d/b/a Hurricane Alley Raw Bar & Restaurant ("Lessee"), whose address is 529 East Ocean Avenue, Boynton Beach, Florida 33435. RECITALS: WHEREAS, Harvey E. Oyer, Jr., as former Landlord, and Lessee entered into that certain Business Lease (as amended_ the "Lease"), dated October 2, 2007, for ground floor retail space located at 527, 529, and 531 East Ocean Avenue, Boynton Beach, Florida to be used exclusively as a restaurant("Leased Premises"); and ,6 +K410A ,ttgy�,,[5°4e. 9$'S,rn Y G as I✓1 G ✓1&9^A 5s9T {pg ,{gg q y.^ry ' '°� 4-i✓9 G,$' if,cn ... R ,!."`s4.9__""$FN�,.. $"$7CS-BHTbwfl ""9.5 -9.5""". .".2.W N. ._R"".". ... ,.R""" :. :.p Y. _. : .::E-1. ' ; y ,eft "". _.. -di + on .... "�."_ .___ WHEREAS, Lessor and Lessee mutually desire to further amend the Lease in accordance with the terms and conditions contained herein. NOW, THEREFORE, in consideration of the above recitals, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which both parties hereto acknowledge, Lessor and Lessee hereby agree as follows: AGREEMENT: 1. RECITALS. The above Recitals are true, correct and to the belief of the Lessor and Lessee are incorporated herein by this reference 296467v-t2 2. OTHER LEASE PROVISIONS. Unless specifically amended by this Amendment, all other terms and conditions of the Lease, as previously amended, remain unchanged and in full force and effect. 3. EXTENSION OF TERM AND RENT. Lessor and Lessee hereby agree that the Lease term is hereby extended an additional one (1) year and shall expire on August 31, 2023. Lessee shall have the right to an additional six (6) month extension upon providing not less than thirty (30) days pn* r written notice to Lessor. Additional requests will need to be approved by the Boynton Beach Community Redevelopment Agency Board. The rent shall be $5,875.00 per month, which includes $4,500.00 of base rent for the restaurant, $1,000.00.00 for the Alcohol License, and $375.00 for the upstairs office 4. Lessee shall pay the Rent, plus all applicable sales taxes, to Lessor each month, without demand. In addition to the Rent, Lessee shall also pay a percentage of Lessor's: insurance, garbage and recycling dumpster fees; and taxes. Lessee's total payment to Lessor each month shall remain unchanged for the term of this lease at Seven Thousand Two Hundred Ninety-Seven and 7 1/100 Dollars ($7,297.71). 4. RIGHT OF TERMINATION. -Wit4wm4it --- the-1.,res-sofx+wfft+ v Notwithstanding ana hing to contrary set forth herein or in the Lease, the Lessor shall _ +have the right to terminate the Lease .fit any f mieffd+ff bnroviding aL kaA sixty (60) days written notice to Lessee. brovided_ however that the date of termination of the Lease shall not be prior to the date tthat the Leased Premises are sold to BB OOZ_ LLC_ a Florida limited liability corm. IN WITNESS WHEREOF, the Lessor and Lessee have executed this Amendment effective as of the day and year first above written. Signed, sealed and delivered in the presence of- LESSOR: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Florida Dependent Special District By: Print Name: Ty Penserga, Chair Print Name: 296467v-1-2 LESSEE: CAFE BARISTA, INC., a Florida Corporation, d/b/a Hurricane Alley Raw Bar & Restaurant By: Print Name: Kimberly B. Kelly, President Print Name: 296467v-1-2 Document comparison by Workshare 10.0 on Monday, July 18, 2022 12:10:41 PM Input: Document 1 ID iManage://138A2-DMS.IMANAGE.WORK/iManage/29646 7/1 Description #296467vl<iManage> - Lease Amendment - Cafe Barista Document 2 ID iManage://138A2-DMS.IMANAGE.WORK/iManage/29646 7/2 Description #296467v2<iManage> - Lease Amendment - Cafe Barista Rendering set Standard Legend: Insertion MMov e Style change Format change M :° Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 10 Deletions 10 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 20 Exhibit " B " Grant, Steven From: Stillman, Kerrie <STILLMAN.KERRIE@leg.state.fl.us> Sent: Sunday,July 24, 2022 2:03 PM To: Steven B. Grant Subject: Re: Request for Opinion on Florida Statute 112.313(14) Mr. Grant, You request was received and has been assigned to Gray Schafer. He will be in touch with you regarding your request. Thank you. Sent from my Whone On Jul 21, 2022, at 5:16 PM, Steven B. Grant<steven@grantlegal.com>wrote: Dear Ms. Stillman: Kindly find attached my request for an opinion. I have included hyperlinks to the Statutes and Resolution mentioned. Steven B. Grant, Esq. PO Box 424 Boynton Beach, FL 33425 Phone 1-561-880-5529 www.grantle NOTE:This e-mail is from a law firm,Steven B.Grant,Esq.("SBG"),and is intended solely for the use of the individual(s)to whom it is addressed.If you believe you received this e-mail in error,please notify the sender immediately,delete the e-mail from your computer and do not copy or disclose it to anyone else.If you are not an existing client of SBG,do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to SBG in reply that you expect it to hold in confidence.If you properly received this e-mail as a client,co-counsel or retained expert of SBG,you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. FDCPA Notice:This firm is a debt collector.Any information obtained or provided may be used for that purpose <2022.07.21 Letter to Ethics.pdf> 1 Steven B. Grant, Esquire Attorney and Counselor at Law Steven B. Grant PO Box 424 Phone: 1-561-767-8750 (DC,FL,MD,WV) Boynton Beach Florida 33425 Fax: 1-561-423-3769 FL Civil Law Notary Email: Steven@GrantLegal.com July 21, 2022 VIA ELECTRONIC MAIL <Stillman.Kerrie@leg.state.fl.0 s> Commission on Ethics CIO Kerrie Stillman P.O. Drawer 15709 Tallahassee, FL 32317-5709 RE: Question on Florida Statute §112.313 14)(d) Dear Ms. Stillman: I recently vacated the elected position of Mayor for the City of Boynton Beach, Florida. I am a licensed attorney and must follow the Rules Regulating The Florida Bar Chapter 4 Rules of Professional Conduct Rule 4-1.11(a) as a Former Public Officer. I would like to represent a Florida Corporation before the Boynton Beach Community Redevelopment Agency(`BBCRA")to discuss a lease extension for a property owned by the BBCRA. The BBCRA was created under Florida Statute16§ 3.356(l) as a public body corporate and poltic, see City of Boynton Beach Resolution 82-KK. Florida Statute§163.340(2) defines the term of "Public Body" citing special district as defined in s. 165.031(7).Florida Statute16§ 5.0310 states the following: "Special District" means a local unit of special government, as defined in s. 189.012. This term includes dependent special districts, as defined in s. 189.012, and independent special districts, as defined in s. 189.012. All provisions of s. 200.001(8)(d) and (e) shall be considered provisions of this chapter. Under Florida Statute §189.012(2) a"Dependent special district"is defined, requiring at least one of the four criteria. The BBCRA may qualify under Florida Statute §189.012(2)(a) and d) as a Dependent Special District. In addition, Florida Statute §189.012(6) further defines Special District and exemptions for the term: ,,Special District" means a unit of local government created for a special purpose, as opposed to a general purpose, which has jurisdiction to operate within a limited geographic boundary and is created by general law, special act, local ordinance, or by rule of the Governor and Cabinet. The term does not include a school district, a community college district, a special improvement district created pursuant to s. 285.17, a municipal service taxing or benefit unit as specified in s. 125.01, or a board which provides electrical service and which is a political subdivision of a municipality or is part of a municipality. I do not believe the City of Boynton Beach created a new municipality and therefore; I would consider the BBCRA a special district, specifically a dependent special district. My questions are the Florida following: I. Is the Boynton Beach Community Redevelopment Agency a Dependent Special District under Florida Statute §189.012(2), a Special District under Florida Statute §189.012(6), or is there another definition for public body corporate and politic? 2. As former Mayor for the City of Boynton Beach;was I appointed to the Boynton Beach Community Redevelopment Agency. 3. Is the Boynton Beach Community Redevelopment Agency a "government body or agency" as defined in Florida Statute §112.313(14)?" Thank you in advance for your cooperation. If you have any questions,please do not hesitate to call our office. Steven B. Grant, Esq. Florida Bar. No.: 85017 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 OLD BUSINESS AGENDAITEM: 12.D. 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). On March 9, 2022, 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 (see 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 provide 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. At the July 12, 2022 CRA Board meeting, the Board tabled the item pending results of the July 20, 2022 Community Standards Special Magistrate's hearing. This case was postponed at the hearing and an amended notice of Declaration of Chronic Nuisance and Notice of Chronic Nuisance Violation was issued on July 28, 2022 (see Attachment V 11). FISCAL IMPACT: FY2021-2022 Budget, Line Item 02-58200-401, $400,000 plus closing costs CRA PLAN/PROJECT/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 D Attachment VII -July 28, 2022 Amended Notice ��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 The City of Boynton Beach 100 E.Ocean Ave Boynton Beach,Florida 33435 (P): 561-742-6120 I(F):561-742-6838 www.boynton-beach.org DATE:July 28th, 2022 VIOLATION ADDRESS: 1213 NW 4TH ST CASE#: 22-00001246 PCN: 08-43-45-21-14-000-3960 SECOND AMENDED NOTICE DECLARATION OF CHRONIC NUISANCE AND NOTICE OF CHRONIC NUISANCE VIOLATION BELL ALBERTA LIVING TRUST 5013 NAUTICA LAKE CIR LAKE WORTH, FL 33463 Palm Beach County property records indicate you own or have an interest in the property listed above (1213 NW 4TH ST).Violation(s)of the attached provision(s)of Chapter 15,Article VIII of The City of Boynton Beach Chronic Nuisance Code were noted on the Property: DESCRIPTION OF VIOLATION(S): PLEASE SEE ATTACHED Pursuant to Sections 15-115(b)(6) and 15-116(b) of the Chronic Nuisance Code, you have fifteen (15) days from the date you receive this Declaration of Chronic Nuisance,to enter into a written Nuisance Abatement Agreement to correct the violations on the Property.The written Nuisance Abatement Agreement is enclosed with this Notice for your review. The property owner's failure to enter into the Nuisance Abatement Agreement within fifteen (15) days of the receipt of this Declaration of Chronic Nuisance will result in a violation of Chapter 15,Article VIII and the matter will be brought before the City's Special Magistrate. As stated in the Nuisance Abatement Agreement,you have until the final compliance date August 16th,202.2 to correct the violations on your property.The violations are described in the attachment to this Notice. Failure to complywith this Declaration of Chronic Nuisance will result in further prosecution and enforcement action by the City through the City's Special Magistrate or through other lawful actions available to the City. The costs of any Chronic Nuisance services provided to the Property by the City may be levied against the Property as a non-ad valorem assessment,superior to all other private rights,interests,liens,encumbrances, titles, and claims equal in rank and dignity with a lien for ad valorem taxes. Unpaid assessments may be certified to the Tax Collector for collection pursuant to the uniform method provided by F.S. 197.3632. America's Gateway to the PLAINTIFF'S EXHIBIT 6 . The City of Boynton Beach 140 E.Ocean Ave Boynton Beach,Florida 33435 (P):561-742-6120 I(F):561-742-6333 . .boynton-beach.or As part of this Declaration of Chronic Nuisance,please note that any notice posted on your property cannot be removed without written permission from the City. If you require assistance with the requirements stated in the Agreement, additional information, or if you believe an error has been made,please contact the Community Standards Division located at the address and phone number listed above and ask to speak with the person listed below. GAYLA HILL Community Standards Division 561-742-6834 HiIIG@bbfl.us 1213 NW 4th Street—Chernt Hill Market A violation of the Chronic Nuisance Property Code, Section 15-112(h)(1)—(Three (3) or more nuisance activities at the property within thirty (30)days): A. There were three (3)or more violations within a thirty(30) day period, in violation of the Chronic Nuisance Property Code,Sections; 15-112(d)(23) (F.S. § 877.03—breach of the peace; disorderly conduct.), 15-112(d)(24) (F.S. Ch. 893— any offense under the Florida Comprehensive Drug Abuse Prevention & Control Act, including but not limited to public nuisances as defined by F.S. 893.138.), 15- 112(d) (25) (Any offense under state or federal law that is punishable by a term of imprisonment exceeding one year) 1. March 11, 2022, under Police Case No. 22-002811-1, in violation of the Ordinance Section 15-112, Sub-section D23, D24, and D25. It was a large fight which constituted a Breach of Peace.This resulted in the arrest of one person who was found to be in possession of narcotics and a stolen firearm. 2. March 23, 2022, under Police Case No. 22-003318-1, in violation of the Ordinance Section 15-112, Sub-section D24 and D25.A suspect wanted for an earlier Armed Robbery was observed on the property. Upon arrest,this person was found to be in possession of narcotics and a firearm 3. March 23, 2022, under Police Case No. 22-003321-1, in violation of the Ordinance Section 15-112, Sub-section D24. Four persons were observed in a vehicle parked on the property and two were arrested for possession of narcotics and drug paraphernalia. 4. April 6, 2022, under Police Case No. 22-003908-1, in violation of the Ordinance Section 15-112, Sub-section D24. One person wanted for a previous crime was observed on the property. Upon the arrest of this person, he was found to be in possession of narcotics. Copies of the police reports are attached to this Notice of Violation. SECOND AMENDED AGREEMENT NUISANCE ABATEMENT AGREEMENT THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, FLORIDA ("City") and ALBERTA BELL LIVING TRUST, Whereas ALBERTA BELL LIVING TRUST("Property Owner")owns real property located at 1213 NW 4T"ST., Boynton Beach, FL,the legal description of which is: 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. Parcel Control Number 08-43-45-21-14-000-3960, in Palm Beach County, Florida, ("Property") and; WHEREAS,the Property is located in the jurisdictional limits of the Cityof Boynton Beach and therefore subject to City building, property maintenance,and chronic nuisance codes;and WHEREAS, The Chronic Nuisance Review Team inspected the Property and found the following nuisance activity and/or nuisance conditions as described in Composite Exhibits 1-3 attached hereto; and WHEREAS, the Property constitutes a "chronic nuisance property" as that term is defined in Article VIII, Section 15-112 of the City's Code of Ordinances; and WHEREAS, Property Owner acknowledges code deficiencies on the Property and that the Property meets the City definition of a "chronic nuisance property" but represents to the City that all deficiencies can be corrected to meet City code requirements; and WHEREAS,the City is amenable to working with the Property Owner to allow repair and restoration efforts by TUESDAY AUGUST 16,2022; and WHEREAS,the City and Property Owner's representative have conducted site visits and inspection of the Property and have worked out a mutually agreeable plan and timeline for restoration of the Property to a code compliant condition. NOW THEREFORE, in consideration of the mutual covenants expressed herein,the parties agree as follows: 1. Property Owner acknowledges and affirms that it has discussed this matter with a representative from the City;that Property Owner has reviewed all of the exhibits attached to this Agreement; and that Property Owner understands the conditions on the Property 1 which resulted in the designation of"chronic nuisance property." 2 Property Owner will take any and all steps necessary to cure the chronic nuisance conditions on the property, as specified in the Declaration of Chronic Nuisance and Violation Detail (Composite Exhibit 1); Security requirements (Composite Exhibit 2); and the Police Incident Reports (Composite Exhibit 3). 3. Property Owner will file for permits and perform building and site repairs and improvements to the Property within the time periods specified in this Agreement. 4. Property Owner will complete the following Corrective Actions on or before TUESDAY* AUGUST 16,2022; a) Property owner must contact Boynton Beach Police Crime Prevention Unit at 561-742-6848 or schrecengostd@bbfl.us,and enter into a "Trespass Agreement" for the property, if not already in place. b) The existing security cameras are required to be connected to the Boynton Beach Police Department for remote access and viewing for the duration of this agreement. If the existing cameras/equipment are not adequate for connection to the Police Department, upgrades may be required at the expense of the owner. Please direct all inquiries regarding security cameras and connections to: PDTechnicalServices@bbfl.us -Attention: Karl Maracotta. c) Property owner is required to have a State licensed security guard present on the property during the operating business hours from 3:00 PM until closing time daily. This guard will be directed to be pro-active in addressing any potential nuisance activity on the property. Any incidents will then need to be relayed to the Boynton Beach Police Department either directly, or through the property owner. 5. Property Owner will take the actions specified in this agreement to stop the nuisance activity occurring on the Property. All other requirements to comply with the City's Code of Ordinances remain in effect, but action on the pending code violations are abated for the time periods heretofore set forth for Property Owner to obtain permits, perform the required repairs, and correct or eliminate the nuisance activity and/or nuisance conditions that exist on the Property. 2 6. Notices.Any and all notices and communication regarding this agreement must be sent to: CITY- Name: Gayla Hill Title: Outreach Coordinator, Community Standards Division Address: 100 E Ocean Ave, Boynton Beach, FI 33435 Phone: 561-742-6120 Email: HILLG@BBFL.US PROPERTY OWNER- Name: Alberta Bell Living Trust Title: Property Owner Address: 5013 Nautica Lake Cir., Lake Worth, FI 33463 Phone: Email: 7. Pursuant to the City of Boynton Beach Chronic Nuisance Property Code, this Agreement is for a term of one (1)year and will expire one year from the last date signed below. 8 This Agreement is binding upon the heirs,successors, and assigns of the Property Owner and Upon any and all persons having any right,title, or interest in any part of the Property. REMAINDER OF THIS PAGE LEFT BLANK. SIGNATURE PAGE FOLLOWS. 3 CITY OF BOYNTON BEACH By: Dated: Printed Name Title PROPERTY OWNER:ALBERTA BELL LIVING TRUST By signing below,I swear and affirm that I am legally authorized to sign this Agreement related to 1213 N.W.4T"AVE., Boynton Beach, FL,and that I have the legal authority to encumber the property with any and all liens or assessments that may be placed on the Property if the terms of this Agreement are not met. By: Dated: Sign Printed Name Title STATE OF FLORIDA COUNTY SWORN TO (OR AFFIRMED) AND SUBSCRIBED to before me by means of physical presence or online notarization, this day of 2022, by Signature of Notary Public State of Florida Print,Type, or Stamp Commissioned Name of Notary Public Personally Known OR_ Produced Identification Type of Identification Produced 4 Security reuirements for 1213 N.W. 4 h Street 1 . Property owner must contact Boynton Beach Police Crime Prevention Unit at 561-742-6848 or schrecenaostd bbfl.us, and enter into a "Trespass Agreement" for the property, if not already in pface. 2. The existing security cameras are required to be connected to the Boynton Beach Police Department for remote access and viewing for the duration of this agreement. If the existing cameras/ equipment are not adequate for connection to the Police Department, upgrades may be required at the expense of the owner. Please direct all inquiries regarding security• cameras and connections to: PDTechnicalServices bbfl.us _ Attention: Karl Maracotta. 3. Property owner is required to have a State licensed security guard present on the property during the operating business hours, from 3:00 P.M. until closing time daily. This guard will be directed to be pro-active in addressing any potential nuisance activity on the property. Any incidents will then need to be relayed to the Boynton Beach Police Department either directly, or through the property owner. PLAINTIFF'S EXHIBIT -- r Chronic Nuisance Ordinance— P.D. Violation Packet Location: CHERRY HILL MARKET- 1213 N.W. 4Th Street ------------------------------------------------------------------------------------------------------------------------------- 03/11/22 22-002811 15-112(d) 23, 24, 25 Not called in by Market 23) Breach Of Peace—Disturbance, front of business. 24) Narcotics—Cocaine & Fentanyl 25) Firearm—Felon in Possession of Firearm ------------------------------------------------------------------------------------------------------------------------------ 03/23/2022 22-003318 15-112(d) 24, 25 Not called in by Market 24) Narcotics—Fentanyl 25) Firearm—Felon in Possession of Firearm ------------------------------------------------------------------------------------------------------------------------------- 03/23/2022 22-003321 15-112(d) 24 Not called in by Market 24) Narcotics—MDMA ------------------------------------------------------------------------------------------------------------------------------- 04/06/2022 22-003908 15-112(d) 24 Not called in by Market 24) Narcotics—MDMA ------------------------------------------------------------------------------------------------------------------------------- PLAIIVTI ps TT 1 1 1► I e Case Report Number:22-002811-001 BOYNTON BEACH POLICE CASTE REPORT ADMINISTRATIVE Case Number 22-002811 Or Between(Date and Subject WPNZ-WEAPONS OTHER Time) Reported On 3/1112022 8:23:14 PM Location 1213 NW 4th St Repprting Officer CSZ BOYNTON BEACH,FL 33435 Reporting Agency PD-BOYNTON BEACH Location Name CHERRY HILL MARKET POLICE Related Cases Report Type Notified Assisted By � Supplemental Occurred On(Date and Friday 3/11/2022 8:23:00 Case Management Time) PM Narr4ve On F�Iday,March 11th,2022 at approximately 2020 hours, observed a large grou (approximately 50 people)Loitering in front of the business of Cherry Hill Mini Mart located at 1213 NW 4th Stre�t,Boynton Beach,FL.The area is known for it's high level of crime activity to include recent shootings and narcotic activity.The group of individuals were congregating in front of the business and their were multiple vehicles parked blocking the roadway and sidewalk.Several individuals were also observed with open alcoholic beverages as well as engaging in gambling on a poker table which was set up on the sidewalk in front of the business. then conducted foot patrol in an attempt to disperse the crowd as well as tho unlawful activity.Upon immediate sight of police,an unknown B/M took off running eastbound from the business on foot. As continued their efforts to disperse the unlawful activity,we recovered 18 bags of Fentanyl and 2.2 grams of Cocaine that was discarded on the sidewalk.Also recovered from the Garbage Can by, i in front of the business was a stolen Black Springfield Hellcat 9mm Pistol Serial#BA162369(Stolen from our city 22-0105).1 then reviewed video surveillance from the business and observed B/M Corey Barber discard what appeared to be a black firearm in the trashcan upon immediate sight of our patrol vehicle.I immediately identified Barber based on that we have involving him.Barber was also immediately Identified by based on his past dealings with him(Case 18-006578).It should be noted that Barber is a 12 time convicted Felon,which includes a conviction for Trafficking in Fentanyl(Court Case#50-2018-CF-006169-AXXX-MB).I continued to review the video surveillance to confirm no other individuals went to the trash can after Barber discarded the above described item.; I then;reviewed video surveillance leading up to the incident.Approximately ten minutes prior to our arrival,Barber is observed walking around in front of the business with what appeared to be the black Springfield Hellcat 9mm pistol in his right rear pants pocket.The video surveillance is of higher quality and can clearly identify Barber.I later entered the narcotics and firearm into BBPD evidence per protocol. The vpdeo surveillance was later entered into BBPD evidence. On 03/24/2022 at approximately 1000 hours,I authored a DNA search warrant for B/M Corey Barber which was signed by the honorable Judge of the 15th Judicial Circuit. Printed 4/15/2022 9:59 AM Page 1 of 2 � r � Case Report Number:22-002811-001 BOYNTON BEACH POLICE On 03/30/2022 at approximately 1100 hours,I executed the DNA Search warrant which Barber was in custody at the Boynton Beach Police Department on un related charges.The DNA Swab was then submitted to BBPD evidence for processing.Case pending DNA results. viCTIMS OFVENDERS wITNESSES OTHER ENTITIES PROPERTIES Under penalties of perjury, I declare that I have read the foregoing and that the facts stated therein are true and correct to the test of my.knowledge and belief (Signature of Arresting/investigative Officer) (Print name of Arresting/lnvestigative Officer) Date Printed 4/15/2022 9:59 AM Page 2 of 2 t Case Report Number:22-003318-001 BOYNTON BEACH POLICE CASE REPORT ADMINISTRATIVE Case Number 22-003318 Or Between(Date and Subject VNRA-POSSESSION Time) CONTRABAND Location 1213 NW 4th St Reported On 3/23/2022 4:50:58 PM CSZ Reporting Officer BOYNTON BEACH,FL 33435 Reporting Agency PD-BOYNTON BEACH Location Name CHERRY HILL MARKET POLICE Related Cases Report Type Notified Assisted By Supplemental Occurred On(Date and Wednesday 3/23/2022 Case Management Time) 4:49:00 PM Narrative On 3123/2022 at approximately 1645 hours, observed B/M Ray'Qwan Marquis Moody(Defendant)at 1213 NW 4th Street(Cherry Hill Mini Mart)who had probable cause for his arrest for an armed robbery that had recently occurred in the city of Boynton Beach(BBPD#22-002877): made contact with Moody and took him into custody(D/L checked for tightness).Search incident to arrest,on Moody's person revealed a loaded Silver/Black Springfield XD 9mm Serial#LIS875336(15 rounds plus one in the chamber)which was removed from Moody's front waistband.From Moody's front right pocket a loaded 9mm magazine with(13)rounds inside was also removed.(20)individual 1X1 ziploc baggies containing fentanyl inside a knotted plastic bag was then removed from Moody's front left pocket.(Field Test Positive using Nark II Sirchie Fentanyl Reagent). Moody prior to being taken into custody was inside of a 2019 Toyota Camry FL Tag:X42GH which was parked in front of 1213'NW 4th Street.Shenka Jones(occupant of the vehicle)advised that Moody was operating the vehicle prior to be taken into custody,In plain view on the passenger side door cup holder was 3.2 grams NET of marijuana in a plastic wrapped bag.On the passenger seat was a camo bag belonging to Moody with various types of drug paraphernalia (1x1 baggies,empty pill bottle,and Moody's wallet). BBPQ records check revealed Moody to be a four-time convicted felon with the most recent felony conviction being from 7/11/2019 for Possession of Weapon Firearm=or Ammo by convicted felon. Based on the above aforementioned facts,I find probable cause to charge Moody with Felon in Possession of a Firearm pursuant to F.S.S 790.23.1A, Felon in Possession of Ammunition pursuant to F.S.S 790.23.1A,Possession of Fentanyl with Intent to Sale pursuant to F.S.S 893.13.1A1,and Possession of Drug Paraphernalia pursuant to F.S.S 893.147.1A.Moody was transported to BBPD for processing and later TOT PBCJ. This entire incident was captured via BWC. OFFENSE Offense ARMED POSSESSION OF Crime Against Society ILLEGAL DRUGS(LISTED IN Florida UCR 5200 FSS 893.13(1)(A)(1)) Statute 893.13(1)(A)(1) Location Type Convenience Store Printed 4/15/2022 10:03 AM Page 1 of 6 i Case Report Number:22-003318-001 BOYNTON BEACH POLICE Completed Yes Domestic Violence Weapons Semi-Automatic Handgun OFFENSE -- Offense USE,OR POSSESS WITH Completed Yes INTENT TO USE,DRUG PARAPHERNALIA Domestic Violence Statute 893.147(1) Weapons Crime Against society Florida UCR 350B Loca'ion Type Highway/Road/Alley VICTIMS Name: - Victim Type Society/Public Victim of 893.13(1)(A)(1)-ARMED POSSESSION OF ILLEGAL DRUGS(LISTED IN FSS 893.13(1)(A)(1)) 893.147(1)-USE, OR POSSESS WITH INTENT TO USE, DRUG PARAPHERNALIA Addresses Address.T Addfess _ CSZ Cpun Count Phones Pbon1j1Phone.Nwi bbr Sex i Facial Hair Race! Complexion DOB Height Eye Color Weight Hair Color Offender Relationshi s Offender FieLationShi Weapon Used/Means of Death OFFENDERS Arrestee Addresses Addreas_T a Address. CSZ Coun Coven - H-Home 220 Villa Cir BOYNTON PALM BEACH USA-United BEACH, FL States of Printed 4/15/2022 10:03 AM Page 2 of 6 t . jaillillijil WMEMEW Case Report Number:22-03316701 BOYNTON BEACH POLICE 33435 America Phones Phone T , Phone Number . H-Home 561 584-2651 Sex Male Height 6 2^ Race Black Weight 230 DOB 10H 5/1998 Warrants -Warmant Number. Char a Case Number Arrest Information Arrest For 893.13(1)(A)(1)-ARMED Arrest Date 3/23/2022 POSSESSION OF ILLEGAL DRUGS(LISTED IN FSS Date/Time Booked 893.13(1)(A)(1)) Booked Location 893.147(1)-USE,OR Date/Time Released POSSESS WITH INTENT TO USE,DRUG PARAPHERNALIA Released Location Arrest Number AR22-0266 Released By Arrest Type On-view Notes WITNESSES OTHER ENTITIES PROPERTIES Property Handgun-Semi Automatic Description loaded SllverBlack Springfield XD 9mm Number%VIN Serial#US875336 Recovered Date Status Used In The Came Count 1 Recovered Value Value 01.00 Owner Manufacturer Soringfield Disposition Model XD 9mm Serial US875336 VEHICLE INFORMATION Vehicle Type Bicycle Model Vehicle Year Bicycle Speed Body Style Bicycle Wheel License Number Size License State Boat Name Bicycle Make Boat Type Printed 4/15/2022 10:03 AM HIN Page 3 of 6 Case Report Number:7.2-00331"01 BOYNTON BEACH POLICE Hull Shape Boat Length Propulsion Cohe T- e 100Itir Drug Information Drug Type Property Heroin Description (20)individual 1X1 ziploc baggies containing NumbehVIN fentanyl 2.2 Grems NET Recovered Date Status Information Only , Count 1 Recovered Value Value 01.00 Owner Manufacturer Disposition Model Serial VEHICLE INFORMATION Vehicle Type Size Vehicle Year Boat Name Body Style Boat Type License Number HIN License State Hull Shape Bicycle Make Propulsion Bicycle Model Boat Length Bicycle Speed Bicycle Wheel olorT" Coo-e Drug Information Drug Type Property Other Drug/Narcotic Equipment Description 1x1 empty ziploc baggies,empty pill bowie NumberlVIN Status sexed In Drug,Forgery/Counterfeiting,or Recovered Date Gambling offenses Count 1 Recovered Value Value 01.00 Owner Manufacturer Disposition Model Serial Printed 4115/2022 10:03 AM Page 4 of 6 1iliffib Case Report Number:2203318-001 BOYNTON BEACH POLICE VEHICLE INFORMATION Vehicle Type Size Vehicle Year Boat Name Body Style Boat Type License Number HIN License State Hull Shape Bicycle Make Propulsion Bicycle Model Boat Length Bicycle Speed Bicycle Wheel Cobr fi`. a Color Drug Information Drug Type Property Marijuana Description 3.2 grams NET Marijuana in plastic wrapped NumberlVIN bag Recovered Date Status Information any Recovered Value Count Value 01.00 Owner Manufacturer Disposition Model Serial VEHICLE INFORMATION Vehicle Type Size Vehicle Year Boat Name Body Style Boat Type License Number HIN License State Hull Shape. Bicycle Make Propulsion Bicycle Model Boat Length Bicycle Speed Bicycle Wheel Color;T a Color Drug Information Drug Type Under penalties of perjury, I declare that I have read the foregoing and that the facts stated therein are true and correct to the best of my knowledge and belief Printed 4/15/2022 10:03 AM Page 5 of 6 Case Report Number:22-00331 -001 BOYNTON BEACH POLICE (Signature of Arresttng/lnvestigativeOfficer) (Print name of Arresong/investigative Officer) 1 / Date Printed 4/15/2022 10:03 AM Page 6 of 6 Case Report Number:22-003321-001 BOYNTON BEACH POLICE CASE REPORT ADMINISTRATIVE Case Number 22-W3321 Or Between(Date and Subject VNRA-POSSESSION Time) CONTRABAND Location Reported On 3/23/2022 5:52:20 PM 1213 NW 4th St Reporting Officer CSZ BOYNTON BEACH,FL 33435 Reporting Agency PD-BOYNTON BEACH Location Name CHERRY HILL MARKET POLICE Related Cases Report Type Notified Assisted By Supplemental Occurred On(Date and Wednesday 3/23/2022 Case Management Tima) 5:10:00 PM Narrative On Wednesday,March 23rd,2022 at approximately 1710 hours, were conducting an extra patrol at Cherry Hill Mini Mart(1213 NW 4th Street),Boynton Beach, FL.It should be noted that this area is known for its high volume of crime to include shootings and illegal narcotic transactions. parked in front of the store next to a silver 2021 Toyota Corolla bearing FL Tag HKSU27,which had its side windows ajar.Upon exiting my patrol vehicle,the occupants of the vehicle began making furtive movements by reaching under their seats,notably the front passenger was reaching in the center console area and by his feet as if he was attempting to conceal contraband and/ora weapon. then approached the driver side of the vehicle and was met with the strong odor of marijuana emanating from the vehicle.Also in plain view in the center console area was a clear bag containing a white powder substance,which identified through my training and experience as suspected MDMA. Due tjR the aforementioned detections,I requested identification from the driver of the vehicle as well as the other occupants and identified them as followed:Driver,B/M Travis Hunter;Front passenger,B/M Joseph Travis;rear left passenger,B/M Terneal Smith;and rear right passenger,B/M Luis Saez.All occupants were later detained pending further investigation. Recovered from the vehicle were the following items: -under driver seat closer to the driver door,a clear bag containing suspected MDMA -in plain view center console area within inches of passenger seat,a clear bag containing suspected MDMA -under front passenger seat,two clear bags containing suspected MDMA -rear heft door,a clear bag containing marijuana Recovered from person(s): -B/M Joseph Travis,a black pen with burnt residue on it -B/M Travis Hunter,a clear bag containing suspected MDMA All sus,pected MDMA was later field tested by Detective Autiello confirming that it was MDMA. Based;on the above facts,I find probable cause to charge B/M Joseph Travis with 1F count of Possession of MDMA pursuant to FSS 893.13.6A and 1M count of Possession of Drug Paraphernalia pursuant to FSS 893.147.1.Additionally, 1 find probable cause to charge B/M Travis Hunter with 1F count of Possession of MDMA pursuant to FSS 893.13.6A. Printed 4/15/2022 10:04 AM Page 1 of 5 Case Report Number:22-0033211 BOYNTON BEACH POLICE All narcotics recovered were later entered into BBPD evidence by! The vehicle was later removed by Beck's Towing. Nothing further at this time. OFFENSE -- - Off ehse PERSON IN ACTUAL OR CONSTRUCTIVE Completed Yes POSSESSION OF A Domestic Violence CONTROLLED SUBSTANCE Weapons Statute 893.13(8)(A) Crime Against Society Flonya UCR 350A Location Type Highway/Road/Alley VICTIMS Nam : Victim Type Society/Public Victim of 893.13(6)(A)-PERSON IN ACTUAL OR CONSTRUCTIVE POSSESSION OF A CONTROLLED SUBSTANCE Addresses jAdd.. s&.T Address4�sZ--- -- Coun - Coun Phonesfiv Phon T' I Phbne Nwnber - - Sex Facial Hair Race; Complexion DOB Height Eye Color Weight Hair dolor Offender Relationshi s Offender Relabonshi' - Weapon Used/Means of Death OFFENDERS - - -- Arrestee - Addresses Addre�s.T ' Address... . C$z Coun# .: - - Coun Printed4/15/2022 10:04 AM Page 2 of 5 Case Report Number:122-0603,321-001 BOYNTON BEACH POLICE H-Home 2107 N Dixie Hwy West Palm Palm Beach - Beach, FL USA-United 33407 States of Phones - Amerlca _Phot>e T Phoria Nurrit3er Sex Male Height 5-11. Race Black Weight 160 DOB, 4/25/1989 Warrants 11Val ranrt Nurhb6r Char e - Case_Number. Arrest Information Arrest For 893.13(6)(A)-PERSON IN Date/Time Booked ACTUAL OR CONSTRUCTIVE POSSESSION OF A Booked Location CONTROLLED SUBSTANCE Date/Time Released Arrest Number AR22-0269 Released Location Arrest Type on-view Released By Arrest Date 3/23/2022 Notes Arrestee Addresses Add*s.T Andress CSZ Coui1' H Home Count 1900 NW 2nd Ct Boynton Palm Beach Beach,FL Phones 33435 - Phon T Phone Number Sex Male Height 5!6^ Race Black Weight 150 DOB 8/6/1993 Warrants Warraht Number Gha a Case Nul>tber Arrest`Information Arrest For 893.13(6)(A)-PERSON IN Arrest Number AR22-0270 ACTUAL OR CONSTRUCTIVE POSSESSION OF A Arrest Type On-view Printed 4/15/2022 10:04 AM CONTROLLED SUBSTANCE Page 3 of 6 .r - Case Report Number:22-003321-001 BOYNTON BEACH POLICE Arrei;t Date 3/23/2022 Datelrime Released DatLI/Time Booked Released Location Booked Location Released By Notes WITNESSES OTHER ENTITIES PROPERTIES - - - Property Amphetamine/Methamphetamine Description 5 bags of MDMA NumberlVlN Status Seized In Drug,Forgery/Counterfeiting,Or Recovered Date Gambling Offenses Recovered Value Count Value Owner Manylfacturer Disposition Model Serial VEHICLE INFORMATION Vehicle Type Size Vehicle Year Boat Name Body Style Boat Type License Number HIN License State Hull Shape Bicycle Make Propulsion Bicycle Model Boat Length Bicycle Speed Bicycje Wheel Color;T Ctahir. Drug information Drug Type Amphetamines/Methamphetamines Undet penalties of perjury, I declare that I have read the foregoing and that the facts stated therein are true and correct to the best of my knowledge and belief (Signature of Arresting/Investigative Officer) (Print name of Arresting/Investigative Officer) Date Printed 4/15/2022 10:04 AM Page 4 of 5 Case Report Number0220332IM-0010100 BOYNTON BEACH POLICE Printed 4/15/2022 10:04 AM Page 5 of 5 - Case Report Number:22-003908-00 BOYNTON BEACH POLICE CASE REPORT ADMINISTRATIVE - - Case Number 22-003908 Or Between(Date and Subject VNRA Time,) Reported On 4/6/2022 6:03:51 PM Location 1213 NW 4th St Reporting Officer CSZ BOYNTON BEACH,FL 33435 Reporting Agency PD-BOYNTON BEACH Location Name CHERRY HILL MARKET POLICE Related Cases Report Type Notified Assisted By Supplemental Occurred On(Date and Wednesday 4/6/2022 Case Management Tima) 6:02:00 PM Narrative On April 6th 2022 at approximately 1804 hours, i I observed a B/M Derriel Wallace(DOB 8/8/95),walking from 1213 NW 4th St,(Cherry Hili Mini Market),who had active charges for Wallace reference Possession of Firearm by Convicted Felon(BBPD 21-=861). At this time, patrol vehicle and made contact with Wallace as he was walking south bound.As was making contact with Wallace, advised him he had a warrant and he was under arrest at which time. took control of both of Wallace's arms in attempt to take him into custody.As-.was attempting to take control of his arms,Wallace began actively resisting by pulling both of his arms away from me and immediately reach towards the front portion of his waist band as if he was attempting to reach for a weapon.At this time gave Wallace multiple verbal commands to stop resisting and to stop reaching towards his waist band.As Wallace continued to ignore our commands and continued to resist by concealing his arms In his waist band and tensing up his body, were.able to escort Wallace down to the ground by both of his arms.Once we were on the ground,Wallace continued to resist us and reach into his waist band as if we was attempting to retrieve a firearm,Wallace then proceeded to pull his left arm out from under his body and discard a plastic bag containing multiple smaller baggies beneath our patrol vehicle.After a brief struggle, were able to take Wallace into custody without further incident. While escohirig Wallace down to the ground,he sustained minor superficial abrasions to his knuckles and left elbow do to the fact he was concealing his hands in his waist band as effected the take down. sustaBned small abrasions to his left wrist/hand area during the incident.Det.Montoute recovered the discarded contraband later confirmed to be 15 individual 1x1 baggies of Fentanyl(1.4 grams).Search incident to arrest of Wallace, located 2.7 grams of marijuana and$172.00 In U.S.currency on his person which was counted by both Based on the totality of the above listed facts,I find probable cause to charge defendant Derriel Wallace with possession of Fehtanyl with intent to sell pursuant to FSS 893.13.1A1,and resisting arrest with violence pursuant to FSS 843.01 and tampering with physical evidence pursuant to FS5 918.13. I conducted a check of Wallace yielding negative results for wants or warrants.The recovered Fentanyl was field tested yielding positive results.The recovered contraband and currency were submitted to BBPD evidence per procedure by Wallace refused any medical attention and photos were taken for future documentation.Wallace was TOT PBCJ.Nothing further. Printed 4/15/2022 9:58 AM Page 1 of 6 1@'NWCase Report Number: 22-003908-001 BOYNTON BEACH POLICE OFFENSE Offense POSSESS/SELL Completed Yes CONTROLLED SUBSTANCE NAMED IN F5 893.03 Domestic Violence (1A:1 B:1 D:2A:29) Weapons Statute 893.13(1)(A)1 Crime Against Society Florida UCR 350A Location Type Highway/Road/Alley OFFENSE - Offense EVIDENCE-TAMPERING Completed Yea WITH OR FABRICATING Statute 918.13 Domestic Violence Crime Against Weapons Florida UCR 9000 Location Type Highway/Road/Alley OFFENSE - Offense RESISTING OFFICER WI Completed Yes VIOLENCE TO HIS PERSON Statute 843.01 Domestic Violence Crimp Against Person Weapons Other Florida UCR 130A Location Type Highway/Road/Alley VICTIMS Namie: Victim.Type Society/Public Victirh of 918.13-EVIDENCE-TAMPERING WITH OR FABRICATING 893.13(1)(A)1 -POSSESS 1 SELL CONTROLLED SUBSTANCE NAMED IN FS 893.03 (1A:1 B:1 D:2A:2B) Addresses Address Type Address CSZ Coun Phonies Coun 11fi.00a T;'e I P.hone.Number Sex Facial Hair Race Complexion DOB Height Eye Color Weight Hair Color Offender Relationships Printed 4/15/2022 9:58 AM Page 2 of 6 iNba Case Report Number:22-003908-001 BOYNTON BEACH POLICE Weapon Used/Means of Death Name: Victim Type Law Enforcement Officer Victim of 843.01 -RESISTING OFFICER W/VIOLENCE TO HIS PERSON Addresses Ad d raluli2 I.Addtei6 Count - Phones Phods `' Phone Number Sex Male Facial Hair Race Hispanic Complexion DOB Height Eye Color Weight Hair Color Offender Relationships Offeder : . Relatiorlshi A-WALLACE,DERRIEL LAMAR Relationship Unknown Weapon Used/Means of Death OFFENDERS - Arrestee Addresses _Address T Andress - O-Other 139 NW 14TH AVE BOYNTON BEACH, FL. USA-United 334350000 States of Phones - America Phone T 'e Phone Number - Sex Male Height 611. Race Black Weight 220 DOB 6/6/1995 Printed 4/15/2022 9:58 AM Page 3 of 6 I 101 Casa Report Number:22-003908-001 BOYNTON BEACH POLICE Warrants �N 'At Number Cher :C�sr �lumbirr:: Arrest Information Arrest For 918.13-EVIDENCE- Arrest Date !6l2022 TAMPERING WITH OR FABRICATING DatelTime Booked 893.13(1)(A)1-POSSESS/ Booked Location SELL CONTROLLED Date/Time Released SUBSTANCE NAMED IN FS 893.03(1A:1B:1D:2A:2B) Released Location 843.01-RESISTING OFFICER Released By W/VIOLENCE TO HIS PERSON Arrest Number AR22.0325 Arrest Type Taken Into Custody Notes WITNESSES OTHER ENTITIES PROPERTIES Property Heroin Description 1.4 grams fentantyl NumbeAVIN Status Seized In Drug,Forgery/Counterfeiting,Or Recovered Date Gambling Offenses Count 1 Recovered Value Value Owner Manufacturer Disposition Model Serial VEHICLE INFORMATION Vehicle Type Size Vehicle Year Boat Name Body Style Boat Type License Number HIN License State Hull Shape Bicycle Make Propulsion Bicycle Model Boat Length Bicycle Speed Bicycle Wheel Color T `e Color - Drug Information Drug Type Heroin Printed 4/15/2022 9:58 AM Page 4 of 6 y e Case Report Number:22-0039MOOl BOYNTON BEACH POLICE Property Rare or Valuable Currency/Coin Description $172 NumberlVlN Status Seized In Drug,Forgery/Counterfeiting,or Recovered Date Gambling Offenses Count 1 Recovered Value Value 172.00 Owner Manufacturer Disposition Model Serial VEHICLE INFORMATION Vehicle Type Size Vehicle Year Boat Name Body Style Boat Type License Number HIN License State Hull Shape Bicycle Make Propulsion Bicycle Model Boat Length Bicycle Speed Bicycle Wheel Color T` .Colon Drug Information Drug Type Property Marijuana Description 2.7 grarns marguane NumberlVlN Status Seized In Drug,Forgery/Counterfeiting,or Recovered Date Gambling Offenses Count Recovered Value 1 Value Owner Manufacturer Disposition Model Serial VEHICLE INFORMATION Vehicle Type Bicycle Model Vehicle Year Bicycle Speed Body Style Bicycle Wheel License Number Size License State Boat Name Bicycle Make Boat Type Printed 4/15/2022 9:58 AM Page 5 of 6 022039,08-'0101 "100 Case Report Numbe BOYNTON BEACH POLICE HIN Boat Length Hull Shape Propulsion C;oiar T" "' Color Drug Information Drug Type Marijuana Under penalties of pequry, I declare that I have read the foregoing and that the facts stated therein are true and correct to the best of my knowledge and belief (Signature of AmestingAnvestigative Officer) (Print name of Arresting/Investigative Officer) Date Printed 4/15/2022 9:58 AM Page 6 of 6 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 OLD BUSINESS AGENDAITEM: 12.E. SUBJECT: Discussion and Consideration of Revisions to the Economic Development Grant Program Guidelines and Applications for FY 2022-2023 SUMMARY: In order to provide a financial incentive for our existing and new businesses, the CRA's reimbursable Economic Development Grants provide 50% of the project costs in matching funding for rent assistance and commercial property improvements. The grant programs continue to further the C RA's mission to activate vacant commercial space, assist businesses, create jobs and develop a vibrant downtown. Annual review of these grant programs by the Board is undertaken as part of the fiscal year budget planning process and to be current with industry standards and business trends and practices and to accommodate the needs of the community. It also ensures that the CRA funds are effectively leveraged with private investments. Commercial Rent Reimbursement Grant Program In preparation for next fiscal year's Economic Development Grant programs, CRA Staff has reviewed the current Commercial Rent Reimbursement Grant Program guidelines and does not request any changes or clarifications to the FY2022-2023 application (see Attachment 1). Commercial Property Improvement Grant Program Below is an overview of the proposed changes to the FY2022-2023 Commercial Property Improvement Grant (see Attachment I I): CRA staff is requesting the Board's consideration of adding design fees as an eligible expense under the FY2022-2023 Commercial Property Improvement Grant (see Attachment I I). This request is in response to conversations with small businesses going through the design and build- out process for tenant improvements in commercial spaces. Businesses have shared the need for additional assistance with costs associated with the tenant improvements. Most often, businesses are required to pay the first month and last month's rent as well as a security deposit to secure a commercial space. Additionally, businesses need to pay a deposit to their design professionals, contractors, as well as their permit fees. Because of these costs, businesses have requested the CRA's consideration of adding design fees as an eligible expense under the Commercial Property Improvement Grant Program. CRA staff proposes 50% matching reimbursable funding for the design fees associated with architectural, electrical, civil, plumbing, and mechanical improvements up to a grant maximum of $10,000. This funding is in addition to the grant funding for property improvements. Furthermore, the design fees: • Would be for project items that are permanent to the commercial space and would stay with the commercial space if the business were to vacate; • Available to only Tier I & I I businesses as defined in the grant application; and, • Must be done by a qualified and licensed design professional in accordance with Florida laws. In addition to the proposed changes above, CRA staff recommends the following changes: • Extend the time of administrative extensions for project completion from one 60-day extension to one 90-day extension (page 4). Due to the supply chain, labor shortages and other delays, staff has been receiving more requests for extensions above and beyond the 60-day extension currently provided in the grant program; • Clarify that permit fees are an eligible reimbursable expense when included as part of the licensed contractor's contract and/or invoice (page 5); • Limit Tier I I I business to commercial facade improvements and exterior security camera installations (page 7); • Extend the time requirement to provide proof of permit application from 90 days to 120 days. This extension will allow more time for the design professionals to complete their plans and submit for permit application (page 9); and, • I nclude electronic payments as an acceptable form for proof of payment (page 12) CRA staff is requesting Board's approval of the Economic Development Grant Programs as presented in Attachments I & 11. FISCAL IMPACT: FY 2022-2023 Budget, Project Fund 02-58400-444, Amount to be determined based on budget meetings and discussion CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Goals and Principles and Implementation Guide CRA BOARD OPTIONS: 1. Approve the Commercial Rent Reimbursement Grant Program Application and the Commercial Property Improvement Grant Program Application as presented and pending any final review from CRA legal counsel. 2. Other options or directions as provided by the Board. ATTACHMENTS: Description D Attachment I - FY22-23 Commercial Rent Reimbursement Grant Program D Attachment II - FY22-23 Commercial Property Improvement Grant Program yr k# r IG BOYNTO i"""I' MINBEAG � CR.A COMMUNIN REDEVELOPMENTAGENCY October 1 , 2022 — September 30, 2023 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 or expansion. The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced by the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Initials Page 1 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance through a reimbursable grant in the form of a monthly rent reimbursement for the first 12 months of business with the option to request an additional 6 months of reimbursement, which may be granted at the discretion of the Board. New businesses are eligible to apply for assistance for up to one year from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, permits are closed out, City and County licenses are obtained, and the business is open for operation under a Temporary Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO). For businesses that do not require any construction work, rent reimbursements will not be paid until City and County licenses are obtained and the business is open for operation. On a monthly basis, the BBCRA will issue reimbursement directly to the applicant. Reimbursement is for the monthly rent payment made to the landlord, and is dependent upon receipt of verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the parties to the lease, (the tenant and the landlord). As grantor, the BBCRA does not bear or accept any responsibility for payment of rent at any time, or for penalties incurred for the late arrival of payments by any party. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com. Initials Page 2 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be a new business, or an existing business that is expanding in size. • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • An existing business must expand to occupy more than 50% of its current square footage size or open a second location within the BBCRA Area. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multi-year lease with at least two years remaining on the lease. • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. Initials Page 3 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales/Shooting Range • Convenience Store • Religion-Affiliated Retail Stores • Churches/places of worship • Non-profit organizations • Medical Research Centers/Housing • Check Cashing Stores • Tattoo Shops / Body Piercing / • Kava Tea Bars Body Art Shops • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Alcohol and/or Drug Rehabilitation • Pawn Shops Centers/Housing • Any other use that the BBCRA staff • Massage/Personal Services or BBCRA Board determine will not • Auto Services Facilities — repair, support the redevelopment of the storage, sales, etc BBCRA Area • CBD Retail Stores, etc. Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval. Tier One Business Tier One Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or$1,750 per month, whichever is less (maximum amount of the grant is $21,000, distributed in 12 monthly payments). Initials Page 4 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or $1,250 per month, whichever is less (maximum amount of the grant is $15,000, distributed in 12 monthly payments). Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home D6cor/Design — home • Clothing Boutique — clothing, furnishings, art galleries, kitchen shoes & accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than 2 • Real Estate Offices approvals per fiscal year) • Marketing Offices • Medical Offices • Fitness Centers • Insurance Offices • Laundry/Dry Cleaner facility • Specialty Businesses — stationary, • Florists (no more than 2 approvals gifts, sporting goods per fiscal year) • Take-out Foods Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on the lease at the time of Board approval. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; Initials Page 5 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. For purposes of this paragraph, the term "subject property" means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; 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 Initials Page 6 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-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. Provide a 2-3 sentence mission statement for the applying business entity. This will be used as a way to introduce your business to the BBCRA Board. 3. Resume for each principal/owner of the business. 4. Copy of the corporate documents for the applying business entity. 5. Copy of City and County Business Licenses (Business Tax Receipt). 6. Copy of executed multi-year commercial lease agreement. 7. Two years of corporate tax returns (for existing businesses only). 8. Two years of personal tax returns for the principal/owners of a new business. 9. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 10.If applicant is an existing business expanding to occupy more than 50% of its current square footage size, verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. 11.Completed and signed application (attached). 12.Authorization to perform credit check for the business and each principal/owner of the business (attached). 13.W9 Form and Vendor Application (attached). Initials Page 7 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Approval of Funding Request All required application documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement Monthly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to BBCRA Board approval. A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the approved applicant, with the option to request an additional 6 months. Reimbursement will occur on a monthly basis. Following the initial Reimbursement Request, each reimbursement request shall be made within 30 days of the start of the next month. Initials Page 8 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com In order to receive monthly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that month's reimbursement or proof of direct deposit). If applicant does not submit its monthly reimbursement request within 30 days following the end of the next month in which applicant is requesting reimbursement, applicant forfeits that month's reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant or applicant's landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant's submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the BBCRA to award grant funding. Initials Page 9 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI,,,OPMENTAGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (and d/b/a if applicable): Current Business Address: Fed I D#: Business Phone Number: Fax: Website: Existing Business: Yes No Number of years in existence: Time at Current Location: New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes No If so, monthly base rent: New Business Address: Square footage of current location: Square footage of new location: Type of Business: Number of Employees: Hours of Operation: Page 10 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI,,,OPMENTAGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 11 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„,OPMENTAGENCY APPLICANT INFORMATION Are you applying for grant assistance under any other program offered by the BBCRA? Yes No If yes, what additional programs are you applying for: Are you receiving grant assistance under any other governmental agencies: Yes_ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: Landlord's Mailing Address: Landlord's Phone Number: CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I” refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). 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 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI,,,OPMENTAGENCY APPLICANT INFORMATION Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer furthering the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Page 13 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI,,,OPMENTAGENCY APPLICANT INFORMATION APPLICANT SIGNATURES: 1. Principal/Owner's Signature Date Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of , 20 NOTARY PUBLIC My Commission Expires: Page 14 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI,,,OPMENTAGENCY LANLORD INFORMATION LANDLORD SIGNATURES: 1. Landlord's Signature Date Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20 NOTARY PUBLIC My Commission Expires: Page 15 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,����t�4� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI,,, P ENT AUTHORIZATION TO PERFORM A CREDIT CHECK FOR PRINCIPAL/OWNER The applicant hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives and all claims, past, present or future, which the applicant may have against the BBCRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein give to the BBCRA. An authorization to Perform Credit Check needs to be complete by each Principal/Owner and by the Business. Please us a separate form for each principal/owner: Principal/Owner Name: Date of Birth: Current Home Address: Previous Home Address: Email: Phone Number: Signature: Date: 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,����t�4� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI,,, P ENT AUTHORIZATION TO PERFORM A CREDIT CHECK FOR BUSINESS The applicant hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives and all claims, past, present or future, which the applicant may have against the BBCRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein give to the BBCRA. An authorization to Perform Credit Check needs to be complete by each Principal/Owner and by the Business. Business (d/b/a if applicable): Federal Tax ID #: Current Business Address: State of Corporation: Email: Phone Number: Fax Number: Signature: Date: Title: 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com MAP OF CRA AREA NE th Ave Gate„iaY Blv Cn L t r LU LL Z 4i mr Stanley Wea er Canal 20" a v > `� Martin Luther Kin r Blvd o U y V z W c LL z W Boynton each 1 d E Oc a Ave Z 2nd A e 2 00 L y d a v 00 00 U) = U) E oo brigh Rd a 0 U U) 23 d Av SW 23rd Ave CRAAREA- 1,650 acres Water Major Roads Railroads ulfstream vd' W�E BOYNTON[ 0 o.zs o.s "'BEACH',C RA Miles g C,06=MUNfl n e -ir> r «ikG_NC',Y Form W_9 Request for Taxpayer Give Form to the (Rev.December Treasury Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. ni 2 Business name/disregarded entity name,if different from above a� rn m °- 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to ° ❑Individual/sole proprietor or ❑ C Corporation ❑S Corporation ❑ certain entities, not individuals; see Partnership ❑ Trust/estate V) instructions on page 3): m single-member LLC O F-1Limited liability company. Enter the tax classification(C=C corporation,S=S corporation, P=partnership)01Exempt payee code(if any) oExemption from FATCA reporting Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for N the tax classification of the single-member owner. code(if any) d v ❑Other(see instructions) ► (Applies to accounts maintained outside the U.S.) �= 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) v m 2 6 City,state,and ZIP code ) 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals,this is generally your social security number(SSN). However,for a resident alien,sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other — — entities, it is your employer identification number(EIN).If you do not have a number, see How to get a L I TINon page 3. or Note. If the account is in more than one name,seethe instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S.citizen or other U.S. person (defined below);and 4.The FATCA code(s)entered on this form (if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRSthat you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN.See the instructions on page 3. Sign Signature of Here U.S.person► Date ► General Instructions -Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. -Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such -Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www.irs.gov/fw9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding. See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number identification number(EIN),to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding, or -Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If -Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the -Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and -Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting, is correct.See What is FATCA reporting?on -Form 1099-S(proceeds from real estate transactions) page 2 for further information. -Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9(Rev. 12-2014) Form W-9(Rev. 12-2014) Page 2 Note. If you are a U.S.person and a requester gives you a form other than Form 3.The IRS tells the requester that you furnished an incorrect TIN, W-9 to request your TIN,you must use the requester's form if it is substantially 4.The IRS tells you that you are subject to backup withholding because you did similar to this Form W-9. not report all your interest and dividends on your tax return(for reportable interest Definition of a U.S.person.For federal tax purposes,you are considered a U.S. and dividends only),or person if you are: 5.You do not certify to the requester that you are not subject to backup -An individual who is a U.S.citizen or U.S.resident alien; withholding under 4 above(for reportable interest and dividend accounts opened -A partnership,corporation,company, or association created or organized in the after 1983 only). United States or under the laws of the United States; Certain payees and payments are exempt from backup withholding.See Exempt -An estate(other than a foreign estate);or payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. -A domestic trust(as defined in Regulations section 301.7701-7). Also see Special rules for partnerships above. Special rules for partnerships.Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section What is FATCA reporting? 1446 on any foreign partners'share of effectively connected taxable income from such business.Further,in certain cases where a Form W-9 has not been received, The Foreign Account Tax Compliance Act(FATCA)requires a participating foreign the rules under section 1446 require a partnership to presume that a partner is a financial institution to report all United States account holders that are specified foreign person,and pay the section 1446 withholding tax.Therefore,if you are a United States persons.Certain payees are exempt from FATCA reporting.See U.S.person that is a partner in a partnership conducting a trade or business in the Exemption from FATCA reporting code on page 3 and the Instructions for the United States,provide Form W-9 to the partnership to establish your U.S.status Requester of Form W-9 for more information. and avoid section 1446 withholding on your share of partnership income. In the cases below,the following person must give Form W-9 to the partnership Updating Your Information for purposes of establishing its U.S.status and avoiding withholding on its You must provide updated information to any person to whom you claimed to be allocable share of net income from the partnership conducting a trade or business an exempt payee if you are no longer an exempt payee and anticipate receiving in the United States: reportable payments in the future from this person.For example,you may need to -In the case of a disregarded entity with a U.S.owner,the U.S.owner of the provide updated information if you are a C corporation that elects to be an S disregarded entity and not the entity; corporation,or if you no longer are tax exempt. In addition,you must furnish a new Form W-9 if the name or TIN changes for the account;for example,if the grantor -In the case of a grantor trust with a U.S.grantor or other U.S.owner,generally, of a grantor trust dies. the U.S.grantor or other U.S.owner of the grantor trust and not the trust;and -In the case of a U.S.trust(other than a grantor trust),the U.S.trust(other than a Penalties grantor trust)and not the beneficiaries of the trust. Failure to furnish TIN.If you fail to furnish your correct TIN to a requester,you are Foreign person.If you are a foreign person or the U.S.branch of a foreign bank subject to a penalty of$50 for each such failure unless your failure is due to that has elected to be treated as a U.S.person,do not use Form W-9.Instead,use reasonable cause and not to willful neglect. the appropriate Form W-8 or Form 8233(see Publication 515,Withholding of Tax Civil penalty for false information with respect to withholding.If you make a on Nonresident Aliens and Foreign Entities). false statement with no reasonable basis that results in no backup withholding, Nonresident alien who becomes a resident alien.Generally,only a nonresident you are subject to a$500 penalty. alien individual may use the terms of a tax treaty to reduce or eliminate U.S.tax on Criminal penalty for falsifying information.Willfully falsifying certifications or certain types of income.However,most tax treaties contain a provision known as affirmations may subject you to criminal penalties including fines and/or a"saving clause."Exceptions specified in the saving clause may permit an imprisonment. exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S.resident alien for tax purposes. Misuse of TINS.If the requester discloses or uses TINs in violation of federal law, If you are a U.S.resident alien who is relying on an exception contained in the the requester may be subject to civil and criminal penalties. saving clause of a tax treaty to claim an exemption from U.S.tax on certain types of income,you must attach a statement to Form W-9 that specifies the following Specific Instructions five items: 1.The treaty country.Generally,this must be the same treaty under which you Line 1 claimed exemption from tax as a nonresident alien. You must enter one of the following on this line;do not leave this line blank.The 2.The treaty article addressing the income. name should match the name on your tax return. 3.The article number(or location)in the tax treaty that contains the saving If this Form W-9 is for a joint account,list first,and then circle,the name of the clause and its exceptions. person or entity whose number you entered in Part I of Form W-9. 4.The type and amount of income that qualifies for the exemption from tax. a. Individual.Generally,enter the name shown on your tax return.If you have changed your last name without informing the Social Security Administration (SSA) 5.Sufficient facts to justify the exemption from tax under the terms of the treaty of the name change,enter your first name,the last name as shown on your social article. security card,and your new last name. Example.Article 20 of the U.S.-China income tax treaty allows an exemption Note.ITIN applicant:Enter your individual name as it was entered on your Form from tax for scholarship income received by a Chinese student temporarily present W-7 application, line 1a.This should also be the same as the name you entered on in the United States.Under U.S.law,this student will become a resident alien for the Form 1040/1040A/1040EZ you filed with your application. tax purposes if his or her stay in the United States exceeds 5 calendar years. However,paragraph 2 of the first Protocol to the U.S.-China treaty(dated April 30, b. Sole proprietor or single-member LLC.Enter your individual name as 1984)allows the provisions of Article 20 to continue to apply even after the shown on your 1040/1040A/1040EZ on line 1.You may enter your business,trade, Chinese student becomes a resident alien of the United States.A Chinese student or"doing business as"(DBA)name on line 2. who qualifies for this exception (under paragraph 2 of the first protocol)and is c. Partnership,LLC that is not a single-member LLC,C Corporation,or S relying on this exception to claim an exemption from tax on his or her scholarship Corporation.Enter the entity's name as shown on the entity's tax return on line 1 or fellowship income would attach to Form W-9 a statement that includes the and any business,trade,or DBA name on line 2. information described above to support that exemption. d. Other entities.Enter your name as shown on required U.S.federal tax If you are a nonresident alien or a foreign entity,give the requester the documents on line 1.This name should match the name shown on the charter or appropriate completed Form W-8 or Form 8233. other legal document creating the entity.You may enter any business,trade,or DBA name on line 2. Backup Withholding e. Disregarded entity.For U.S.federal tax purposes,an entity that is What is backup withholding?Persons making certain payments to you must disregarded as an entity separate from its owner is treated as a"disregarded under certain conditions withhold and pay to the IRS 28%of such payments.This entity." See Regulations section 301.7701-2(c)(2)(iii).Enter the owners name on is called"backup withholding." Payments that may be subject to backup line 1.The name of the entity entered on line 1 should never be a disregarded withholding include interest,tax-exempt interest,dividends, broker and barter entity.The name on line 1 should be the name shown on the income tax return on exchange transactions, rents,royalties,nonemployee pay,payments made in which the income should be reported. For example,if a foreign LLC that is treated settlement of payment card and third party network transactions,and certain as a disregarded entity for U.S.federal tax purposes has a single owner that is a payments from fishing boat operators.Real estate transactions are not subject to U.S.person,the U.S.owners name is required to be provided on line 1.If the backup withholding. direct owner of the entity is also a disregarded entity,enter the first owner that is You will not be subject to backup withholding on payments you receive if you not disregarded for federal tax purposes.Enter the disregarded entity's name on give the requester your correct TIN,make the proper certifications, and report all line 2,"Business name/disregarded entity name."If the owner of the disregarded your taxable interest and dividends on your tax return. entity is a foreign person,the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S.TIN. Payments you receive will be subject to backup withholding if: 1.You do not furnish your TIN to the requester, 2.You do not certify your TIN when required(see the Part II instructions on page 3 for details), Form W-9(Rev. 12-2014) Page 3 Line 2 2 However,the following payments made to a corporation and reportable on Form If you have a business name,trade name,DBA name,or disregarded entity name, 1099-MISC are not exempt from backup withholding: medical and health care you may enter it on line 2. payments,attorneys'fees,gross proceeds paid to an attorney reportable under section 6045(f),and payments for services paid by a federal executive agency. Line 3 Exemption from FATCAreporting code.The following codes identify payees Check the appropriate box in line 3 for the U.S.federal tax classification of the that are exempt from reporting under FATCA.These codes apply to persons person whose name is entered on line 1.Check only one box in line 3. submitting this form for accounts maintained outside of the United States by certain foreign financial institutions.Therefore,if you are only submitting this form Limited Liability Company(LLC).If the name on line 1 is an LLC treated as a for an account you hold in the United States,you may leave this field blank. partnership for U.S.federal tax purposes,check the"Limited Liability Company" Consult with the person requesting this form if you are uncertain if the financial box and enter"P" in the space provided. If the LLC has filed Form 8832 or 2553 to institution is subject to these requirements.A requester may indicate that a code is be taxed as a corporation,check the"Limited Liability Company" box and in the not required by providing you with a Form W-9 with"Not Applicable" (or any space provided enter"C" for C corporation or"S"for S corporation. If it is a similar indication)written or printed on the line for a FATCA exemption code. single-member LLC that is a disregarded entity,do not check the"Limited Liability Company" box;instead check the first box in line 3"Individual/sole proprietor or A—An organization exempt from tax under section 501(a)or any individual single-member LLC." retirement plan as defined in section 7701(a)(37) Line 4, Exemptions B—The United States or any of its agencies or instrumentalities If you are exempt from backup withholding and/or FATCA reporting,enter in the C—A state,the District of Columbia,a U.S.commonwealth or possession,or appropriate s ace in line 4 an code(s)that n apply to you. any of their political subdivisions or instrumentalities p Y ( ) Y pp Y Exempt payee code. D—A corporation the stock of which is regularly traded on one or more established securities markets,as described in Regulations section - Generally,individuals(including sole proprietors)are not exempt from backup 1.1472-1(c)(1)(i) withholding. E—A corporation that is a member of the same expanded affiliated group as a - Except as provided below,corporations are exempt from backup withholding corporation described in Regulations section 1.1472-1(c)(1)(i) for certain payments,including interest and dividends. F—A dealer in securities,commodities, or derivative financial instruments - Corporations are not exempt from backup withholding for payments made in (including notional principal contracts,futures,forwards,and options)that is settlement of payment card or third party network transactions. registered as such under the laws of the United States or any state - Corporations are not exempt from backup withholding with respect to attorneys' G—A real estate investment trust fees or gross proceeds paid to attorneys,and corporations that provide medical or H—A regulated investment company as defined in section 851 or an entity health care services are not exempt with respect to payments reportable on Form registered at all times during the tax year under the Investment Company Act of 1099-MISC. 1940 The following codes identify payees that are exempt from backup withholding. I—A common trust fund as defined in section 584(a) Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a),any IRA,or a J—A bank as defined in section 581 custodial account under section 403(b)(7)if the account satisfies the requirements K—A broker of section 401(f)(2) L—A trust exempt from tax under section 664 or described in section 4947(a)(1) 2—The United States or any of its agencies or instrumentalities M—A tax exempt trust under a section 403(b)plan or section 457(g)plan 3—A state,the District of Columbia,a U.S.commonwealth or possession,or Note.You may wish to consult with the financial institution requesting this form to any of their political subdivisions or instrumentalities determine whether the FATCA code and/or exempt payee code should be 4—A foreign government or any of its political subdivisions,agencies,or completed. instrumentalities Line 5 5—A corporation 6—A dealer in securities or commodities required to register in the United Enter your address(number,street,and apartment or suite number).This is where States,the District of Columbia,or a U.S.commonwealth or possession the requester of this Form W-9 will mail your information returns. 7—A futures commission merchant registered with the Commodity Futures Line 6 Trading Commission Enter your city,state,and ZIP code. 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Part I. Taxpayer Identification Number(TIN) Company Act of 1940 Enter your TIN in the appropriate box.If you are a resident alien and you do not 10—A common trust fund operated by a bank under section 584(a) have and are not eligible to get an SSN,your TIN is your IRS individual taxpayer identification number(ITIN).Enter it in the social security number box.If you do not 11—A financial institution have an ITIN,see How to get a TIN below. 12—A middleman known in the investment community as a nominee or If you are a sole proprietor and you have an EIN,you may enter either your SSN custodian or EIN.However,the IRS prefers that you use your SSN. 13—A trust exempt from tax under section 664 or described in section 4947 If you are a single-member LLC that is disregarded as an entity separate from its The following chart shows types of payments that may be exempt from backup owner(see Limited Liability Company(LLC)on this page),enter the owner's SSN withholding. The chart applies to the exempt payees listed above,1 through 13. (or EIN,if the owner has one).Do not enter the disregarded entity's EIN.If the LLC is classified as a corporation or partnership,enter the entity's EIN. IF the payment is for... THEN the payment is exempt for... Note.Seethe chart on page 4 for further clarification of name and TIN combinations. Interest and dividend payments All exempt payees except How to get a TIN.If you do not have a TIN,apply for one immediately.To apply for for 7 an SSN,get Form SS-5,Application for a Social Security Card,from your local SSA office or get this form online at www.ssa.gov.You may also get this form by calling Broker transactions Exempt payees 1 through 4 and 6 1-800-772-1213. Use Form W-7,Application for IRS Individual Taxpayer through 11 and all C corporations. S Identification Number,to apply for an ITIN,or Form SS-4,Application for Employer corporations must not enter an exempt Identification Number,to apply for an EIN.You can apply for an EIN online by payee code because they are exempt accessing the IRS website at www.irs.gov/businesses and clicking on Employer only for sales of noncovered securities Identification Number(EIN)under Starting a Business.You can get Forms W-7 and acquired prior to 2012. SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). Barter exchange transactions and Exempt payees 1 through 4 If you are asked to complete Form W-9 but do not have a TIN,apply for a TIN patronage dividends and write"Applied For'in the space for the TIN,sign and date the form,and give it Payments over$600 required to be Generally,exempt payees to the requester.For interest and dividend payments,and certain payments made reported and direct sales over o be 1 Generally, h 5Z with respect to readily tradable instruments,generally you will have 60 days to get p g a TIN and give it to the requester before you are subject to backup withholding on payments.The 60-day rule does not apply to other types of payments.You will be Payments made in settlement of Exempt payees 1 through 4 subject to backup withholding on all such payments until you provide your TIN to payment card or third party network the requester. transactions Note.Entering"Applied For'means that you have already applied for a TIN or that 1 See Form 1099-MISC,Miscellaneous Income,and its instructions. you intend to apply for one soon. Caution:A disregarded U.S.entity that has a foreign owner must use the appropriate Form W-8. Form W-9(Rev. 12-2014) Page 4 Part II. Certification 3You must show your individual name and you may also enter your business or DBA name on the"Business name/disregarded entity"name line.You may use either your SSN or EIN(if you To establish to the withholding agent that you are a U.S.person,or resident alien, have one),but the IRS encourages you to use your SSN. sign Form W-9.You may be requested to sign by the withholding agent even if 4 items 1,4,or 5 below indicate otherwise. List first and circle the name of the trust,estate,or pension trust.(Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account For a joint account,only the person whose TIN is shown in Part I should sign title.)Also see Special rules for partnerships on page 2. (when required).In the case of a disregarded entity,the person identified on line 1 *Note.Grantor also must provide a Form W-9 to trustee of trust. must sign.Exempt payees,see Exempt payee code earlier. Note. If no name is circled when more than one name is listed,the number will be Signature requirements.Complete the certification as indicated in items 1 considered to be that of the first name listed. through 5 below. Secure Your Tax Records from Identity Theft 1.Interest,dividend,and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.You must give your Identity theft occurs when someone uses your personal information such as your correct TIN,but you do not have to sign the certification. name,SSN,or other identifying information,without your permission,to commit 2.Interest,dividend,broker,and barter exchange accounts opened after fraud or other crimes.An identity thief may use your SSN to get a job or may file a 1983 and broker accounts considered inactive during 1983.You must sign the tax return using your SSN to receive a refund. certification or backup withholding will apply.If you are subject to backup To reduce your risk: withholding and you are merely providing your correct TIN to the requester,you -Protect your SSN, must cross out item 2 in the certification before signing the form. -Ensure your employer is protecting your SSN,and 3.Real estate transactions.You must sign the certification.You may cross out item 2 of the certification. -Be careful when choosing a tax preparer. 4.Other payments.You must give your correct TIN,but you do not have to sign If your tax records are affected by identity theft and you receive a notice from the certification unless you have been notified that you have previously given an the IRS,respond right away to the name and phone number printed on the IRS incorrect TIN."Other payments" include payments made in the course of the notice or letter. requester's trade or business for rents,royalties,goods(other than bills for If your tax records are not currently affected by identity theft but you think you merchandise),medical and health care services(including payments to are at risk due to a lost or stolen purse or wallet,questionable credit card activity corporations),payments to a nonemployee for services,payments made in or credit report,contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit settlement of payment card and third party network transactions,payments to Form 14039. certain fishing boat crew members and fishermen,and gross proceeds paid to attorneys(including payments to corporations). For more information,see Publication 4535,Identity Theft Prevention and Victim Assistance. 5.Mortgage interest paid by you,acquisition or abandonment of secured Victims of identity theft who are experiencing economic harm or a system property,cancellation Cover debt,qualified tuition program payments(under problem,or are seeking help in resolving tax problems that have not been resolved section 52ns IRA,pension ell ESA,Archer MSA u HSA contributions IN through normal channels,may be eligible for Taxpayer Advocate Service(TAS) distributions,and pension distributions.You must give your correct TIN,but you assistance.You can reach TAS by calling the TAS toll-free case intake line at do not have to sign the certification. 1-877-777-4778 or TTY/TDD 1-800-829-4059. What Name and Number To Give the Requester Protect yourselffrom suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business For this type of account: Give name and SSN of: emails and websites.The most common act is sending an email to a user falsely 1.Individual The individual claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. 2.Two or more individuals(joint The actual owner of the account or, account) if combined funds,the first The IRS does not initiate contacts with taxpayers via emails.Also,the IRS does individual on the account' not request personal detailed information through email or ask taxpayers for the PIN numbers,passwords,or similar secret access information for their credit card, 3.Custodian account of a minor The minor bank,or other financial accounts. (Uniform Gift to Minors Act) If you receive an unsolicited email claiming to be from the IRS,forward this 4.a.The usual revocable savings The grantor-trustee' message to phishing@irs.gov.You may also report misuse of the IRS name,logo, trust(grantor is also trustee) or other IRS property to the Treasury Inspector Generalfor Tax Administration b.So-called trust account that is The actual owner' (TIGTA)at 1-800-366-4484. You can forward suspicious emails to the Federal not a legal or valid trust under Trade Commission at:spam@uce.gov or contact them at www.ftc.gov/idtheft or state law 1-877-IDTHEFT(1-877-438-4338). 5.Sole proprietorship or disregarded The owner' Visit IRS.gov to learn more about identity theft and how to reduce your risk. entity owned by an individual 6.Grantor trust filing under Optional The grantor* Privacy Act Notice Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) Section 6109 of the Internal Revenue Code requires you to provide your correct TIN (A)) to persons(including federal agencies)who are required to file information returns with the IRS to report interest,dividends,or certain other income paid to you; For this type of account: Give name and EIN of: mortgage interest you paid;the acquisition or abandonment of secured property; 7.Disregarded entity not owned by an The owner the cancellation of debt;or contributions you made to an IRA,Archer MSA,or HSA. individual The person collecting this form uses the information on the form to file information 8.A valid trust,estate,or pension trust Legal entity' returns with the IRS,reporting the above information.Routine uses of this information include giving it to the Department of Justice for civil and criminal 9.Corporation or LLC electing The corporation litigation and to cities,states,the District of Columbia,and U.S.commonwealths corporate status on Form 8832 or and possessions for use in administering their laws.The information also may be Form 2553 disclosed to other countries under a treaty,to federal and state agencies to enforce 10.Association,club,religious, The organization civil and criminal laws,or to federal law enforcement and intelligence agencies to charitable,educational,or other tax- combat terrorism.You must provide your TIN whether or not you are required to file exempt organization a tax return.Under section 3406,payers must generally withhold a percentage of taxable interest,dividend,and certain other payments to a payee who does not 11.Partnership or multi-member LLC The partnership give a TIN to the payer.Certain penalties may also apply for providing false or 12.A broker or registered nominee The broker or nominee fraudulent information. 13.Account with the Department of The public entity Agriculture in the name of a public entity(such as a state or local government,school district, or prison)that receives agricultural program payments 14.Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2(see Regulations section 1.671-4(b)(2)(i) (B)) List first and circle the name of the person whose number you furnish.If only one person on a joint account has an SSN,that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. Fft 1`( '' UMBEACH,111>>, (CRA, Vendor ID: COMMUNffY REDEVELOPMENT A Office use only Grant Application • Submit a current W-9 with application The CRA's Vendor List is updated periodically. An updated W-9 is required whenever there is a change in address, and must be submitted to the CRA Finance Department. Phone number is 561-600-9092 or 561-600-9095. All the *fields are required Apply Date* Federal ID#* Company Type* ❑Corporation ❑ Individual/Sole Proprietor ❑ Joint Venture ❑ LLC ❑l Partnership/Limited Partnership ❑ Non Profit* Company Name* D.B.A Email Address* Address* Suite/Unit# City* State/Province* Zip Code* Phone No_ Ext. Fax# Contact Person* Title Mobile# ❑ Check this box if the Billing Address is same as Company Address. Otherwise please complete the following: Address* Suite/Unit# City* State/Province* Zip Code* Phone No_ Ext. Fax# Contact Person* Title Mobile# Principal line of business: PLEASE NOTE:THE STATE OF FLORIDA HAS A BROAD PUBLIC RECORDS LAW.ALL RECORDS OF THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE ARE OPEN FOR PUBLIC INSPECTION AND COPYING,SUBJECT TO CERTAIN STATUTORY EXEMPTIONS. IF YOU CHOOSE TO PROVIDE PERSONAL INFORMATION SUCH AS YOUR NAME, EMAIL ADDRESS,PHONE NUMBER(S),ADDRESS OR ANY OTHER PERSONAL INFORMATION IN THIS CONTACT FORM OR OTHER FORM ON THIS SITE,UNLESS EXEMPTED BY FLORIDA STATUTES,THIS INFORMATION IS A PUBLIC RECORD UNDER FLORIDA'S GOVERNMENT IN THE SUNSHINE LAWS AND IS AVAILABLE FOR PUBLIC INSPECTION UPON REQUEST.IF YOU DO NOT WANT THIS INFORMATION RELEASED IN RESPONSE TO A PUBLIC RECORDS REQUEST,PLEASE DO NOT SUBMIT THIS INFORMATION.IF YOU HAVE QUESTIONS ABOUT OUR WEBSITE'S PRIVACY POLICIES,PLEASE CONTACT US AT 561-600-9092 or 561-600-9095. t f BOYNf itlil!;441, ls'ia`) E , RAooeoo .......... ... • - • • e • sod,R/0186//a 0 u tre a c hPro ram GROW YOUR BUSINESS ! The Boynton Beach CRA 1S excited to inform you about Our Social Media Outreach Program! Our - - • - - • al is to helpbusinesses within the CRA District ' ' • establish li e presence. The best ? is - •completely ! Renee ert , Social Media & Communications Specialist, is here to teach you the tools you need t successfully market your business on social media ' and online platforms. 1S program aims to helpbusiness owners manage • • • and learn to Utilize Social media pages. We offer a range of services, from starting business accounts, building ad campaigns for events to special promotions, or posting day to day activity and products. tact us today to get started! • INFORMATION:CONTACT • • . Name: • . • s Business: Email: Phone: i, , �,,,, ® ) �� :® �s �z d..- f b � �- ® _ • •® -_ = -- I�II�II�II�III (�.. � _ — l .. ,� _ �� tl - -1 __ ,__ _ _ - - - i` 1 1 1 1 l� di k t — ani Uy Y 1 a yr k# r IG BOYNTO i"""I' MOMBEAG � CR.A COMMUNIN REDEVELOPMENTAGENCY October 1 , 2022 — September 30, 2023 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL PROPERTY IMPROVEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Property Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the design, repair, and rehabilitation of buildings or other improvements in accordance with the BBCRA Community Redevelopment Plan. Improvements paid for by the BBCRA must be permanent and stay with the building. The BBCRA reserves the right to approve or deny any Commercial Property Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the BBCRA Area for one year or more at the time of application and has at least two years remaining on its existing lease. The term "project" means the eligible exterior or interior improvement project for which the applicant seeks reimbursement. Initials Page 1 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Property Improvement Grant Program offers financial assistance to the commercial property owner or business owner in the form of a reimbursable, matching grant for 50% of eligible expenses, up to $50,000, associated with the construction or renovation of the exterior and interior elements of the commercial operating space. The applicant may also receive financial assistance for eligible design expenses associated with the project's architectural, electrical, mechanical, civil, and/or plumbing plans. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynton-beach.org/go- green/pace_program.php or by contacting the City of Boynton Beach at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com or view the attached brochure. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). Initials Page 2 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). • Improvements to non-profit and residentially zoned properties are NOT eligible expenses. • Applicant must have an executed multi-year lease with at least two years remaining on the lease at the time of BBCRA Board approval • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than $250,000 (based on the project's construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a grant application. • Grant funding amounts will be based on the applicant's project budget, specified at the time of the BBCRA Board approval, plus an added 20% contingency funding amount (for a total not to exceed the maximum eligible grant amount). • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Property Improvement Grant Program may only be used one time in any five-year period for any one property. Entities hoping to improve properties that were previously improved using a BBCRA improvement grant may apply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding liens, violations or monies Initials Page 3 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com owed for utilities, the BBCRA will perform a lien search on the property at a cost of $140.00, which will be deducted from any grant funding awarded to the recipient. In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • In order to receive the full amount of any awarded grant, the property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach, and submit for reimbursement within 180 days of the issuance date of the permit for the project. (As further described below, applicants may request reimbursement for up to 50% of their grant award prior to completion of the project.) If BBCRA Board approves grant funding and the work being performed does not require a permit, the Certificate of Completion (or equivalent) and application for reimbursement must be within 180 days of the grant award. Failure to complete the improvements within the specified time frame will result in termination of the grant award, at which point the BBCRA will no longer make payments for any reimbursement requests, regardless of whether the request was submitted prior to the termination of the grant. Only one 90 day administrative extension will be permitted, and the BBCRA has the sole and absolute discretion to grant or deny such extension. • Project items (including design) completed and paid for by the applicant more than 60 days prior to grant approval by the BBCRA Board are not eligible for reimbursement under the grant program. A complete application must be received within 60 days of payment in order for an expense to be eligible for reimbursement. Once a complete application is received, the application will be placed on the next available agenda for review and potential approval. • Grant funding may not be used for design fees alone. Grant funding for design fees will only be awarded when the grant funding will also be used for physical property improvements. Conversely, grant funding may be awarded for physical property improvements even if no funding for design funding is requested. The CRA may elect to fund only physical property improvements even if design funding is requested. • BBCRA Board approval of this grant results only in funding. Approval of BBCRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. Permitting and site plan modification reviews are required for all commercial projects. It is the responsibility of the applicant to obtain all necessary City approvals. Initials Page 4 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Grantees shall allow the BBCRA the rights and use of photos and project application materials. • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Projects and items eligible for funding under this grant program are limited to: • Structural walls • Plumbing • Flooring • Grease trap installation • HVAC system • ADA Improvements • Electrical systems, • Hood & fire • Signage including exterior and suppression . Doors/windows interior lighting • Landscaping and • Parking lot re-paving, • Patio decks irrigation within the re-sealing, and/or connected to the project site restriping building • Painting • Fencing (excluding • Demolition of structure • Roofing (Not to chain link, barbed wire, and re-sodding of exceed 50% of and wood panels) vacant property total grant award) • Electric vehicle charging • Solar electricity and • Security stations — See attached water heating — See cameras/system** ReNew PACE Eligible attached ReNew PACE (not including Product List Eligible Product List security personnel) • Design fees associated • Permit fees for eligible with architectural, property improvements electrical, civil, plumbing included as part of the and mechanical site licensed contractor's plans contract/invoice ** Notwithstanding the limitation that grants may only be used once every five years for any one property, previous grant recipients that received less than the maximum amount of grant funding from Commercial Property Improvement Grants or Economic Development Grants are eligible to reapply to receive 50% matching reimbursable funding in an amount not to exceed $3,000 for the installation of new security cameras/systems. Initials Page 5 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Property Improvement Grant Program: • Massage/Personal Services • Medical Research Centers/Housing • Firearm Sales/Shooting Ranges • Massage/Personal Services • Religion- Affiliated Retail Stores • Churches/places of worships • Non-profit Organizations • Alcohol and/or Drug Rehabilitation • Adult Gambling Arcades Centers/Housing • Check Cashing Stores • Any other use that the BBCRA staff • Adult Entertainment or BBCRA Board determine will not • Vapor/E-Cigarette Stores support the redevelopment of the • CBD Retail Stores BBCRA Area Grant Terms and Conditions This grant is divided into three tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. All reimbursement checks from the BBCRA to the successful applicant will be made out to the applicant (the business entity). Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval, plus an added 20% for contingency funding, the total of which may not exceed the maximum amount of grant funding for which the project is eligible. Tier One Business Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $50,000 in grant funding. Tier One Businesses must be one of the following types of business: • Restaurant Hotels/Motels/Bed and Breakfast • Gourmet Food Market (the Board will grant no more than • Bakery four approvals in this category per fiscal year) Initials Page 6 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Tier Two Business Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $25,000 in grant funding. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home Decor/Design — home • Boutiques — clothing, shoes & furnishings, art galleries, kitchen accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than two • Real Estate Offices approvals per fiscal year) • Marketing Offices • Medical Offices • Fitness Facilities —yoga, dance • Insurance Offices exercise, martial arts, etc. • Take Out Restaurants • Auto Services Facilities — repair, • Tattoo Parlor/Body Piercing/Body storage, sales, etc Art Shop (no more than two • Specialty Retail Businesses — approvals per fiscal year) stationary, gifts, sporting goods • Florists (no more than two • Other commercial fagade only approvals per fiscal year) improvements Tier Three Business (Tier Three Businesses will receive no more than two approvals per fiscal year and improvements must be for commercial facade or security improvements). Tier Three Businesses are subject to BBCRA Board for review and approval. Tier Three Businesses eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $15,000 in grant funding. Tier Three Businesses must be one of the following types of businesses: • Kava Tea Bar • Pawn Shops • Convenience Stores • Liquor Store • Laundry/Dry Cleaner facility Initials Page 7 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Tier One & Tier Two Businesses Grant Funding for Design Fees Tier One and Tier Two businesses are eligible to apply for funding assistance related to the design fees for architectural, electrical, civil mechanical and/or plumbing improvements. These design fees shall be for eligible property improvements as defined on page 5 of this grant application. Applicants are eligible to receive reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of$10,000 for the design expenses associated with the project's architectural, electrical, mechanical, civil, and/or plumbing plans If the design fees were paid for prior to BBCRA Board approval, the applicant may request 50% reimbursement for design fees if those payments were made no more than 60 days prior to Board approval. Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease at the time of Board approval. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, Boynton Beach, FL 33435 or downloaded from www.boytonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Initials Page 8 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-serve basis. Application packets must include the following documentation: 1. A non-refundable fee of$100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Provide 2-3 sentence mission statement for the applying business entity. If the applicant is a commercial property owner, provide a brief history of the property and the current tenants of the space. This will be used as a way to introduce your business to the BBCRA Board. 3. Written detailed project budget describing the improvements to be done to the property. 4. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. It must list all project costs for which the applicant is requesting reimbursement. The project budget must provide a total cost of the project. 5. If design funding is requested, costs estimate(s) from a qualified licensed design professional. The cost estimate must include: scope of work, the business name and business address of project, and the license number of the design professional. 6. Signage design, project color chips, material samples and material specifications, if applicable. 7. Copy of building permit receipt/application. If the permit has not been applied for prior to submission of the grant application, a copy of the building permit receipt is due within 120 days of grant approval, or the grant award may be terminated. Applicants may apply for one 60-day administrative extension to meet this requirement, and the BBCRA has the sole and absolute discretion to grant or deny such extension. Any extension granted under this paragraph is for this requirement only and does not extend any other deadline related to the grant. 8. Resume for each principal/owner of the business. 9. Copy of the corporate documents for the applying business entity. 10. Copy of executed multi-year commercial lease agreement. 11. Copy of Warranty Deed. Initials Page 9 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 12.Two years of corporate tax returns (for existing businesses only). 13.Two years of personal tax returns for the principal/owners of a new business. 14.Copy of design and construction plans associated with the proposed improvements. 15.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. 16.A minimum of four color digital "before" photos of the exterior and interior portions of the project. 17.Completed and signed application (attached). 18.Authorization to perform credit check for the business and each principal/owner of the business (attached). 19.W9 Form and Vendor Application (attached). 20.City Planning and Development Department Acknowledgement Form (attached). 21.City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 20 and 21) must be completed and submitted to the appropriate departments, which are located at City Hall 100 East Ocean Avenue, Building Department, Boynton Beach, FL 33435. Phone (561) 742-6000. Approval of Funding Request All required documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the project is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month at the Commission Chambers located in City Hall at 100 East Ocean Avenue, Boynton Beach, FL 33435. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Initials Page 10 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Design Reimbursement This portion of the program is designed to reimburse applicants for design fees associated with the property improvements provided for in this grant. Funds must be paid to qualified design professionals licensed by the State of Florida in order to be eligible for reimbursement. Funds paid to licensed design professionals acting as subcontractors are also eligible for reimbursement. For design items paid for less than 60 days prior to grant approval, the reimbursement request shall be summarized in a report and accompanied by the following documentation for the completed design work: 1. Copy of contract/scope of work with design professional 2. Paid invoice describing work completed 3. Copy of final design plans (pdf copy preferred) 4. Proof of payment(s) totaling contract amount a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. b. Electronic payments must be in the name of the applicant and show the transaction date, amount, account name and recipient of payment. 5. Proof of permit application for (or including) item designed. Procedures for Property Improvement Reimbursement This portion of the program is designed as a matching 50% reimbursable grant. All work for which reimbursement is sought must be completed and paid for by the applicant prior to the release of BBCRA funds. The applicant may request reimbursement for partial Initials Page 11 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com payments throughout the project for up to 50% of grant award. The remaining 50% of grant funding will be held until the project is completed according to the City of Boynton Beach Building Department, and if applicable, a certificate of occupancy has been issued, at which point the applicant may submit a final reimbursement request. The BBCRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the BBCRA (3) days prior to the grant expiration date. The BBCRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the reimbursement request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full." Proposals for "work to be completed" or "bids" are not considered proper documentation. a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. b. Electronic payments must be in the name of the applicant and show the transaction date, amount, account name and recipient of payment. 2. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). 3. For partial reimbursement requests, a Partial Release of Lien from licensed contractors must be submitted. 4. For the final reimbursement request, the following must also be submitted: a. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 5. A minimum of 4 color "after" photos of the project. 6. A copy of the Certificate of Occupancy/Completion. 7. All in project costs to open or renovate the business for reporting of public to private dollar match Initials Page 12 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com By submitting the final reimbursement request, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement that have been used as part of a reimbursement request for any other grant program offered by the BBCRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Property Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible have been paid is sufficient assurance for the BBCRA to award grant funding Initials Page 13 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com tv N , BOYN�TO aim B EAC H ,C R.A COMMUNITY REDEVELOPMENT AGVENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): Current Business Address: Fed I D#: Business Phone Number: Cell: Website: Existing Business: Yes No Number of years in existence: Time at Current Location: New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes No If so, monthly base rent: New Business Address (if applicable): Square footage of current location: Square footage of new location: Type of Business: Tier 1 Business: ❑ Tier 2 Business: ❑ Tier 3 Business: ❑ (Tier Classification subject to BBCRA Board Approval) Number of Employees: Hours of Operation: List of improvements seeking reimbursement for: Requested grant amount for design fees: and/or property improvements: Page 14 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com tv N , BOYN�TO aim B EAC H ,C R.A COMMUNITY REDEVELOPMENT AGVENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistance under any other program offered by the BBCRA? Yes No If yes, what additional programs are you applying for: Page 15 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com tv N , BOYN�TO aim B EAC H ,C R.A COMMUNITY REDEVELOPMENT AGVENCY APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes_ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: Landlord's Mailing Address: Landlord's Phone Number: CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I Initials Page 16 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com tv N , BOYN�TO aim B EAC H ,C R.A COMMUNITY REDEVELOPMENT AGVENCY APPLICANT INFORMATION understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in this application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the BBCRA to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the BBCRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Initials Page 17 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com tv N , BOYN�TO I Il aim B EAC ,C R.A COMMUNITY REDEVELOPMENT AGVENCY APPLICANT INFORMATION APPLICANT SIGNATURES: 1. Principal/Owner's Signature Date Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20 NOTARY PUBLIC My Commission Expires: Page 18 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com tv N , BOYN�TO aim B EAC H ,C R.A COMMUNITY REDEVELOPMENT AGVENCY LANDLORD INFORMATION LANDLORD SIGNATURES: 1. Landlord's Signature Date Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20 NOTARY PUBLIC My Commission Expires: Page 19 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,����t�4� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI,,, P ENT AUTHORIZATION TO PERFORM A CREDIT CHECK FOR PRINCIPAL/OWNER The applicant hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives and all claims, past, present or future, which the applicant may have against the BBCRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein give to the BBCRA. An authorization to Perform Credit Check needs to be complete by each Principal/Owner and by the Business. Please us a separate form for each principal/owner: Principal/Owner Name: Date of Birth: Current Home Address: Previous Home Address: Email: Phone Number: Signature: Date: 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,����t�4� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI,,, P ENT AUTHORIZATION TO PERFORM A CREDIT CHECK FOR BUSINESS The applicant hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives and all claims, past, present or future, which the applicant may have against the BBCRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein give to the BBCRA. An authorization to Perform Credit Check needs to be complete by each Principal/Owner and by the Business. Business (d/b/a if applicable): Federal Tax ID #: Current Business Address: State of Corporation: Email: Phone Number: Fax Number: Signature: Date: Title: 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YJT 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI,,, P ENT CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT DEPT. ACKNOWLEDGEMENT FORM COMMERCIAL PROPERTY IMPROVEMENT GRANT PROGRAM BBCRA Grant Applicant: has met with the City's Planning & Development Department to review the improvements that will done on the property located at: List of Improvements: City of Boynton Beach Planning & Development Dept. Reviewed by: Date: Requirements: 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YJT 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI,,, P ENT CITY OF BOYNTON BEACH PERMIT DEPT. ACKNOWLEDGEMENT FORM COMMERCIAL PROPERTY IMPROVEMENT GRANT PROGRAM BBCRA Grant Applicant: has met with the City's Permit Department to review the improvements that will done on the property located at: List of Improvements: City of Boynton Beach Permit Dept. Reviewed by: Date: Requirements: 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT (PAYMENT BY CHECK) The undersigned lienor, in consideration of the final payment in the amount of $ and condition upon payment of check number issued to the undersigned by in said amount, (Business Owner) waives and releases its lien and right to claim a lien for labor, services or materials furnished to on the job of to (Business Owner) (Business Entity) the following described property: (Property Address) Dated on: 20_ Lienor's Signature: Printed Name: Company: Address: MAP OF CRA AREA NE th Ave Gate„iaY Blv Cn L t r LU LL Z 4i mr Stanley Wea er Canal 20" a v > `� Martin Luther Kin r Blvd o U y V z W c LL z W Boynton each 1 d E Oc a Ave Z 2nd A e 2 00 L y d a v 00 00 U) = U) E oo brigh Rd a 0 U U) 23 d Av SW 23rd Ave CRAAREA- 1,650 acres Water Major Roads Railroads ulfstream vd' W�E BOYNTON[ 0 o.zs o.s "'BEACH',C RA Miles g C,06=MUNfl n e -ir> r «ikG_NC',Y Form W_9 Request for Taxpayer Give Form to the (Rev.December Treasury Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. ni 2 Business name/disregarded entity name,if different from above a� rn m °- 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to ° ❑Individual/sole proprietor or ❑ C Corporation ❑S Corporation ❑ certain entities, not individuals; see Partnership ❑ Trust/estate V) instructions on page 3): m single-member LLC O F-1Limited liability company. Enter the tax classification(C=C corporation,S=S corporation, P=partnership)01Exempt payee code(if any) oExemption from FATCA reporting Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for N the tax classification of the single-member owner. code(if any) d v ❑Other(see instructions) ► (Applies to accounts maintained outside the U.S.) �= 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) v m 2 6 City,state,and ZIP code ) 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals,this is generally your social security number(SSN). However,for a resident alien,sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other — — entities, it is your employer identification number(EIN).If you do not have a number, see How to get a L I TINon page 3. or Note. If the account is in more than one name,seethe instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S.citizen or other U.S. person (defined below);and 4.The FATCA code(s)entered on this form (if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRSthat you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN.See the instructions on page 3. Sign Signature of Here U.S.person► Date ► General Instructions -Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. -Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such -Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www.irs.gov/fw9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding. See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number identification number(EIN),to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding, or -Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If -Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the -Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and -Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting, is correct.See What is FATCA reporting?on -Form 1099-S(proceeds from real estate transactions) page 2 for further information. -Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9(Rev. 12-2014) Form W-9(Rev. 12-2014) Page 2 Note. If you are a U.S.person and a requester gives you a form other than Form 3.The IRS tells the requester that you furnished an incorrect TIN, W-9 to request your TIN,you must use the requester's form if it is substantially 4.The IRS tells you that you are subject to backup withholding because you did similar to this Form W-9. not report all your interest and dividends on your tax return(for reportable interest Definition of a U.S.person.For federal tax purposes,you are considered a U.S. and dividends only),or person if you are: 5.You do not certify to the requester that you are not subject to backup -An individual who is a U.S.citizen or U.S.resident alien; withholding under 4 above(for reportable interest and dividend accounts opened -A partnership,corporation,company, or association created or organized in the after 1983 only). United States or under the laws of the United States; Certain payees and payments are exempt from backup withholding.See Exempt -An estate(other than a foreign estate);or payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. -A domestic trust(as defined in Regulations section 301.7701-7). Also see Special rules for partnerships above. Special rules for partnerships.Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section What is FATCA reporting? 1446 on any foreign partners'share of effectively connected taxable income from such business.Further,in certain cases where a Form W-9 has not been received, The Foreign Account Tax Compliance Act(FATCA)requires a participating foreign the rules under section 1446 require a partnership to presume that a partner is a financial institution to report all United States account holders that are specified foreign person,and pay the section 1446 withholding tax.Therefore,if you are a United States persons.Certain payees are exempt from FATCA reporting.See U.S.person that is a partner in a partnership conducting a trade or business in the Exemption from FATCA reporting code on page 3 and the Instructions for the United States,provide Form W-9 to the partnership to establish your U.S.status Requester of Form W-9 for more information. and avoid section 1446 withholding on your share of partnership income. In the cases below,the following person must give Form W-9 to the partnership Updating Your Information for purposes of establishing its U.S.status and avoiding withholding on its You must provide updated information to any person to whom you claimed to be allocable share of net income from the partnership conducting a trade or business an exempt payee if you are no longer an exempt payee and anticipate receiving in the United States: reportable payments in the future from this person.For example,you may need to -In the case of a disregarded entity with a U.S.owner,the U.S.owner of the provide updated information if you are a C corporation that elects to be an S disregarded entity and not the entity; corporation,or if you no longer are tax exempt. In addition,you must furnish a new Form W-9 if the name or TIN changes for the account;for example,if the grantor -In the case of a grantor trust with a U.S.grantor or other U.S.owner,generally, of a grantor trust dies. the U.S.grantor or other U.S.owner of the grantor trust and not the trust;and -In the case of a U.S.trust(other than a grantor trust),the U.S.trust(other than a Penalties grantor trust)and not the beneficiaries of the trust. Failure to furnish TIN.If you fail to furnish your correct TIN to a requester,you are Foreign person.If you are a foreign person or the U.S.branch of a foreign bank subject to a penalty of$50 for each such failure unless your failure is due to that has elected to be treated as a U.S.person,do not use Form W-9.Instead,use reasonable cause and not to willful neglect. the appropriate Form W-8 or Form 8233(see Publication 515,Withholding of Tax Civil penalty for false information with respect to withholding.If you make a on Nonresident Aliens and Foreign Entities). false statement with no reasonable basis that results in no backup withholding, Nonresident alien who becomes a resident alien.Generally,only a nonresident you are subject to a$500 penalty. alien individual may use the terms of a tax treaty to reduce or eliminate U.S.tax on Criminal penalty for falsifying information.Willfully falsifying certifications or certain types of income.However,most tax treaties contain a provision known as affirmations may subject you to criminal penalties including fines and/or a"saving clause."Exceptions specified in the saving clause may permit an imprisonment. exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S.resident alien for tax purposes. Misuse of TINS.If the requester discloses or uses TINs in violation of federal law, If you are a U.S.resident alien who is relying on an exception contained in the the requester may be subject to civil and criminal penalties. saving clause of a tax treaty to claim an exemption from U.S.tax on certain types of income,you must attach a statement to Form W-9 that specifies the following Specific Instructions five items: 1.The treaty country.Generally,this must be the same treaty under which you Line 1 claimed exemption from tax as a nonresident alien. You must enter one of the following on this line;do not leave this line blank.The 2.The treaty article addressing the income. name should match the name on your tax return. 3.The article number(or location)in the tax treaty that contains the saving If this Form W-9 is for a joint account,list first,and then circle,the name of the clause and its exceptions. person or entity whose number you entered in Part I of Form W-9. 4.The type and amount of income that qualifies for the exemption from tax. a. Individual.Generally,enter the name shown on your tax return.If you have changed your last name without informing the Social Security Administration (SSA) 5.Sufficient facts to justify the exemption from tax under the terms of the treaty of the name change,enter your first name,the last name as shown on your social article. security card,and your new last name. Example.Article 20 of the U.S.-China income tax treaty allows an exemption Note.ITIN applicant:Enter your individual name as it was entered on your Form from tax for scholarship income received by a Chinese student temporarily present W-7 application, line 1a.This should also be the same as the name you entered on in the United States.Under U.S.law,this student will become a resident alien for the Form 1040/1040A/1040EZ you filed with your application. tax purposes if his or her stay in the United States exceeds 5 calendar years. However,paragraph 2 of the first Protocol to the U.S.-China treaty(dated April 30, b. Sole proprietor or single-member LLC.Enter your individual name as 1984)allows the provisions of Article 20 to continue to apply even after the shown on your 1040/1040A/1040EZ on line 1.You may enter your business,trade, Chinese student becomes a resident alien of the United States.A Chinese student or"doing business as"(DBA)name on line 2. who qualifies for this exception (under paragraph 2 of the first protocol)and is c. Partnership,LLC that is not a single-member LLC,C Corporation,or S relying on this exception to claim an exemption from tax on his or her scholarship Corporation.Enter the entity's name as shown on the entity's tax return on line 1 or fellowship income would attach to Form W-9 a statement that includes the and any business,trade,or DBA name on line 2. information described above to support that exemption. d. Other entities.Enter your name as shown on required U.S.federal tax If you are a nonresident alien or a foreign entity,give the requester the documents on line 1.This name should match the name shown on the charter or appropriate completed Form W-8 or Form 8233. other legal document creating the entity.You may enter any business,trade,or DBA name on line 2. Backup Withholding e. Disregarded entity.For U.S.federal tax purposes,an entity that is What is backup withholding?Persons making certain payments to you must disregarded as an entity separate from its owner is treated as a"disregarded under certain conditions withhold and pay to the IRS 28%of such payments.This entity." See Regulations section 301.7701-2(c)(2)(iii).Enter the owners name on is called"backup withholding." Payments that may be subject to backup line 1.The name of the entity entered on line 1 should never be a disregarded withholding include interest,tax-exempt interest,dividends, broker and barter entity.The name on line 1 should be the name shown on the income tax return on exchange transactions, rents,royalties,nonemployee pay,payments made in which the income should be reported. For example,if a foreign LLC that is treated settlement of payment card and third party network transactions,and certain as a disregarded entity for U.S.federal tax purposes has a single owner that is a payments from fishing boat operators.Real estate transactions are not subject to U.S.person,the U.S.owners name is required to be provided on line 1.If the backup withholding. direct owner of the entity is also a disregarded entity,enter the first owner that is You will not be subject to backup withholding on payments you receive if you not disregarded for federal tax purposes.Enter the disregarded entity's name on give the requester your correct TIN,make the proper certifications, and report all line 2,"Business name/disregarded entity name."If the owner of the disregarded your taxable interest and dividends on your tax return. entity is a foreign person,the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S.TIN. Payments you receive will be subject to backup withholding if: 1.You do not furnish your TIN to the requester, 2.You do not certify your TIN when required(see the Part II instructions on page 3 for details), Form W-9(Rev. 12-2014) Page 3 Line 2 2 However,the following payments made to a corporation and reportable on Form If you have a business name,trade name,DBA name,or disregarded entity name, 1099-MISC are not exempt from backup withholding: medical and health care you may enter it on line 2. payments,attorneys'fees,gross proceeds paid to an attorney reportable under section 6045(f),and payments for services paid by a federal executive agency. Line 3 Exemption from FATCAreporting code.The following codes identify payees Check the appropriate box in line 3 for the U.S.federal tax classification of the that are exempt from reporting under FATCA.These codes apply to persons person whose name is entered on line 1.Check only one box in line 3. submitting this form for accounts maintained outside of the United States by certain foreign financial institutions.Therefore,if you are only submitting this form Limited Liability Company(LLC).If the name on line 1 is an LLC treated as a for an account you hold in the United States,you may leave this field blank. partnership for U.S.federal tax purposes,check the"Limited Liability Company" Consult with the person requesting this form if you are uncertain if the financial box and enter"P" in the space provided. If the LLC has filed Form 8832 or 2553 to institution is subject to these requirements.A requester may indicate that a code is be taxed as a corporation,check the"Limited Liability Company" box and in the not required by providing you with a Form W-9 with"Not Applicable" (or any space provided enter"C" for C corporation or"S"for S corporation. If it is a similar indication)written or printed on the line for a FATCA exemption code. single-member LLC that is a disregarded entity,do not check the"Limited Liability Company" box;instead check the first box in line 3"Individual/sole proprietor or A—An organization exempt from tax under section 501(a)or any individual single-member LLC." retirement plan as defined in section 7701(a)(37) Line 4, Exemptions B—The United States or any of its agencies or instrumentalities If you are exempt from backup withholding and/or FATCA reporting,enter in the C—A state,the District of Columbia,a U.S.commonwealth or possession,or appropriate s ace in line 4 an code(s)that n apply to you. any of their political subdivisions or instrumentalities p Y ( ) Y pp Y Exempt payee code. D—A corporation the stock of which is regularly traded on one or more established securities markets,as described in Regulations section - Generally,individuals(including sole proprietors)are not exempt from backup 1.1472-1(c)(1)(i) withholding. E—A corporation that is a member of the same expanded affiliated group as a - Except as provided below,corporations are exempt from backup withholding corporation described in Regulations section 1.1472-1(c)(1)(i) for certain payments,including interest and dividends. F—A dealer in securities,commodities, or derivative financial instruments - Corporations are not exempt from backup withholding for payments made in (including notional principal contracts,futures,forwards,and options)that is settlement of payment card or third party network transactions. registered as such under the laws of the United States or any state - Corporations are not exempt from backup withholding with respect to attorneys' G—A real estate investment trust fees or gross proceeds paid to attorneys,and corporations that provide medical or H—A regulated investment company as defined in section 851 or an entity health care services are not exempt with respect to payments reportable on Form registered at all times during the tax year under the Investment Company Act of 1099-MISC. 1940 The following codes identify payees that are exempt from backup withholding. I—A common trust fund as defined in section 584(a) Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a),any IRA,or a J—A bank as defined in section 581 custodial account under section 403(b)(7)if the account satisfies the requirements K—A broker of section 401(f)(2) L—A trust exempt from tax under section 664 or described in section 4947(a)(1) 2—The United States or any of its agencies or instrumentalities M—A tax exempt trust under a section 403(b)plan or section 457(g)plan 3—A state,the District of Columbia,a U.S.commonwealth or possession,or Note.You may wish to consult with the financial institution requesting this form to any of their political subdivisions or instrumentalities determine whether the FATCA code and/or exempt payee code should be 4—A foreign government or any of its political subdivisions,agencies,or completed. instrumentalities Line 5 5—A corporation 6—A dealer in securities or commodities required to register in the United Enter your address(number,street,and apartment or suite number).This is where States,the District of Columbia,or a U.S.commonwealth or possession the requester of this Form W-9 will mail your information returns. 7—A futures commission merchant registered with the Commodity Futures Line 6 Trading Commission Enter your city,state,and ZIP code. 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Part I. Taxpayer Identification Number(TIN) Company Act of 1940 Enter your TIN in the appropriate box.If you are a resident alien and you do not 10—A common trust fund operated by a bank under section 584(a) have and are not eligible to get an SSN,your TIN is your IRS individual taxpayer identification number(ITIN).Enter it in the social security number box.If you do not 11—A financial institution have an ITIN,see How to get a TIN below. 12—A middleman known in the investment community as a nominee or If you are a sole proprietor and you have an EIN,you may enter either your SSN custodian or EIN.However,the IRS prefers that you use your SSN. 13—A trust exempt from tax under section 664 or described in section 4947 If you are a single-member LLC that is disregarded as an entity separate from its The following chart shows types of payments that may be exempt from backup owner(see Limited Liability Company(LLC)on this page),enter the owner's SSN withholding. The chart applies to the exempt payees listed above,1 through 13. (or EIN,if the owner has one).Do not enter the disregarded entity's EIN.If the LLC is classified as a corporation or partnership,enter the entity's EIN. IF the payment is for... THEN the payment is exempt for... Note.Seethe chart on page 4 for further clarification of name and TIN combinations. Interest and dividend payments All exempt payees except How to get a TIN.If you do not have a TIN,apply for one immediately.To apply for for 7 an SSN,get Form SS-5,Application for a Social Security Card,from your local SSA office or get this form online at www.ssa.gov.You may also get this form by calling Broker transactions Exempt payees 1 through 4 and 6 1-800-772-1213. Use Form W-7,Application for IRS Individual Taxpayer through 11 and all C corporations. S Identification Number,to apply for an ITIN,or Form SS-4,Application for Employer corporations must not enter an exempt Identification Number,to apply for an EIN.You can apply for an EIN online by payee code because they are exempt accessing the IRS website at www.irs.gov/businesses and clicking on Employer only for sales of noncovered securities Identification Number(EIN)under Starting a Business.You can get Forms W-7 and acquired prior to 2012. SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). Barter exchange transactions and Exempt payees 1 through 4 If you are asked to complete Form W-9 but do not have a TIN,apply for a TIN patronage dividends and write"Applied For'in the space for the TIN,sign and date the form,and give it Payments over$600 required to be Generally,exempt payees to the requester.For interest and dividend payments,and certain payments made reported and direct sales over o be 1 Generally, h 5Z with respect to readily tradable instruments,generally you will have 60 days to get p g a TIN and give it to the requester before you are subject to backup withholding on payments.The 60-day rule does not apply to other types of payments.You will be Payments made in settlement of Exempt payees 1 through 4 subject to backup withholding on all such payments until you provide your TIN to payment card or third party network the requester. transactions Note.Entering"Applied For'means that you have already applied for a TIN or that 1 See Form 1099-MISC,Miscellaneous Income,and its instructions. you intend to apply for one soon. Caution:A disregarded U.S.entity that has a foreign owner must use the appropriate Form W-8. Form W-9(Rev. 12-2014) Page 4 Part II. Certification 3You must show your individual name and you may also enter your business or DBA name on the"Business name/disregarded entity"name line.You may use either your SSN or EIN(if you To establish to the withholding agent that you are a U.S.person,or resident alien, have one),but the IRS encourages you to use your SSN. sign Form W-9.You may be requested to sign by the withholding agent even if 4 items 1,4,or 5 below indicate otherwise. List first and circle the name of the trust,estate,or pension trust.(Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account For a joint account,only the person whose TIN is shown in Part I should sign title.)Also see Special rules for partnerships on page 2. (when required).In the case of a disregarded entity,the person identified on line 1 *Note.Grantor also must provide a Form W-9 to trustee of trust. must sign.Exempt payees,see Exempt payee code earlier. Note. If no name is circled when more than one name is listed,the number will be Signature requirements.Complete the certification as indicated in items 1 considered to be that of the first name listed. through 5 below. Secure Your Tax Records from Identity Theft 1.Interest,dividend,and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.You must give your Identity theft occurs when someone uses your personal information such as your correct TIN,but you do not have to sign the certification. name,SSN,or other identifying information,without your permission,to commit 2.Interest,dividend,broker,and barter exchange accounts opened after fraud or other crimes.An identity thief may use your SSN to get a job or may file a 1983 and broker accounts considered inactive during 1983.You must sign the tax return using your SSN to receive a refund. certification or backup withholding will apply.If you are subject to backup To reduce your risk: withholding and you are merely providing your correct TIN to the requester,you -Protect your SSN, must cross out item 2 in the certification before signing the form. -Ensure your employer is protecting your SSN,and 3.Real estate transactions.You must sign the certification.You may cross out item 2 of the certification. -Be careful when choosing a tax preparer. 4.Other payments.You must give your correct TIN,but you do not have to sign If your tax records are affected by identity theft and you receive a notice from the certification unless you have been notified that you have previously given an the IRS,respond right away to the name and phone number printed on the IRS incorrect TIN."Other payments" include payments made in the course of the notice or letter. requester's trade or business for rents,royalties,goods(other than bills for If your tax records are not currently affected by identity theft but you think you merchandise),medical and health care services(including payments to are at risk due to a lost or stolen purse or wallet,questionable credit card activity corporations),payments to a nonemployee for services,payments made in or credit report,contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit settlement of payment card and third party network transactions,payments to Form 14039. certain fishing boat crew members and fishermen,and gross proceeds paid to attorneys(including payments to corporations). For more information,see Publication 4535,Identity Theft Prevention and Victim Assistance. 5.Mortgage interest paid by you,acquisition or abandonment of secured Victims of identity theft who are experiencing economic harm or a system property,cancellation Cover debt,qualified tuition program payments(under problem,or are seeking help in resolving tax problems that have not been resolved section 52ns IRA,pension ell ESA,Archer MSA u HSA contributions IN through normal channels,may be eligible for Taxpayer Advocate Service(TAS) distributions,and pension distributions.You must give your correct TIN,but you assistance.You can reach TAS by calling the TAS toll-free case intake line at do not have to sign the certification. 1-877-777-4778 or TTY/TDD 1-800-829-4059. What Name and Number To Give the Requester Protect yourselffrom suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business For this type of account: Give name and SSN of: emails and websites.The most common act is sending an email to a user falsely 1.Individual The individual claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. 2.Two or more individuals(joint The actual owner of the account or, account) if combined funds,the first The IRS does not initiate contacts with taxpayers via emails.Also,the IRS does individual on the account' not request personal detailed information through email or ask taxpayers for the PIN numbers,passwords,or similar secret access information for their credit card, 3.Custodian account of a minor The minor bank,or other financial accounts. (Uniform Gift to Minors Act) If you receive an unsolicited email claiming to be from the IRS,forward this 4.a.The usual revocable savings The grantor-trustee' message to phishing@irs.gov.You may also report misuse of the IRS name,logo, trust(grantor is also trustee) or other IRS property to the Treasury Inspector Generalfor Tax Administration b.So-called trust account that is The actual owner' (TIGTA)at 1-800-366-4484. You can forward suspicious emails to the Federal not a legal or valid trust under Trade Commission at:spam@uce.gov or contact them at www.ftc.gov/idtheft or state law 1-877-IDTHEFT(1-877-438-4338). 5.Sole proprietorship or disregarded The owner' Visit IRS.gov to learn more about identity theft and how to reduce your risk. entity owned by an individual 6.Grantor trust filing under Optional The grantor* Privacy Act Notice Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) Section 6109 of the Internal Revenue Code requires you to provide your correct TIN (A)) to persons(including federal agencies)who are required to file information returns with the IRS to report interest,dividends,or certain other income paid to you; For this type of account: Give name and EIN of: mortgage interest you paid;the acquisition or abandonment of secured property; 7.Disregarded entity not owned by an The owner the cancellation of debt;or contributions you made to an IRA,Archer MSA,or HSA. individual The person collecting this form uses the information on the form to file information 8.A valid trust,estate,or pension trust Legal entity' returns with the IRS,reporting the above information.Routine uses of this information include giving it to the Department of Justice for civil and criminal 9.Corporation or LLC electing The corporation litigation and to cities,states,the District of Columbia,and U.S.commonwealths corporate status on Form 8832 or and possessions for use in administering their laws.The information also may be Form 2553 disclosed to other countries under a treaty,to federal and state agencies to enforce 10.Association,club,religious, The organization civil and criminal laws,or to federal law enforcement and intelligence agencies to charitable,educational,or other tax- combat terrorism.You must provide your TIN whether or not you are required to file exempt organization a tax return.Under section 3406,payers must generally withhold a percentage of taxable interest,dividend,and certain other payments to a payee who does not 11.Partnership or multi-member LLC The partnership give a TIN to the payer.Certain penalties may also apply for providing false or 12.A broker or registered nominee The broker or nominee fraudulent information. 13.Account with the Department of The public entity Agriculture in the name of a public entity(such as a state or local government,school district, or prison)that receives agricultural program payments 14.Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2(see Regulations section 1.671-4(b)(2)(i) (B)) List first and circle the name of the person whose number you furnish.If only one person on a joint account has an SSN,that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. Fft 1`( '' UMBEACH,111>>, (CRA, Vendor ID: COMMUNffY REDEVELOPMENT A Office use only Grant Application • Submit a current W-9 with application The CRA's Vendor List is updated periodically. An updated W-9 is required whenever there is a change in address, and must be submitted to the CRA Finance Department. Phone number is 561-600-9092 or 561-600-9095. All the *fields are required Apply Date* Federal ID#* Company Type* ❑Corporation ❑ Individual/Sole Proprietor ❑ Joint Venture ❑ LLC ❑ Partnership/Limited Partnership ❑ Non Profit* Company Name* D.B.A Email Address* Address* Suite/Unit# City* State/Province* Zip Code* Phone No_ Ext. Fax# Contact Person* Title Mobile# ❑ Check this box if the Billing Address is same as Company Address. Otherwise please complete the following: Address* Suite/Unit# City* State/Province* Zip Code* Phone No_ Ext. Fax# Contact Person* Title Mobile# Principal line of business: PLEASE NOTE:THE STATE OF FLORIDA HAS A BROAD PUBLIC RECORDS LAW.ALL RECORDS OF THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE ARE OPEN FOR PUBLIC INSPECTION AND COPYING,SUBJECT TO CERTAIN STATUTORY EXEMPTIONS. IF YOU CHOOSE TO PROVIDE PERSONAL INFORMATION SUCH AS YOUR NAME, EMAIL ADDRESS,PHONE NUMBER(S),ADDRESS OR ANY OTHER PERSONAL INFORMATION IN THIS CONTACT FORM OR OTHER FORM ON THIS SITE,UNLESS EXEMPTED BY FLORIDA STATUTES,THIS INFORMATION IS A PUBLIC RECORD UNDER FLORIDA'S GOVERNMENT IN THE SUNSHINE LAWS AND IS AVAILABLE FOR PUBLIC INSPECTION UPON REQUEST.IF YOU DO NOT WANT THIS INFORMATION RELEASED IN RESPONSE TO A PUBLIC RECORDS REQUEST,PLEASE DO NOT SUBMIT THIS INFORMATION.IF YOU HAVE QUESTIONS ABOUT OUR WEBSITE'S PRIVACY POLICIES,PLEASE CONTACT US AT 561-600-9092 or 561-600-9095. 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• • e • sod,R/0186//a 0 u tre a c hPro ram GROW YOUR BUSINESS ! The Boynton Beach CRA 1S excited to inform you about Our Social Media Outreach Program! Our - - • - - • al is to helpbusinesses within the CRA District ' ' • establish li e presence. The best ? is - •completely ! Renee ert , Social Media & Communications Specialist, is here to teach you the tools you need t successfully market your business on social media ' and online platforms. 1S program aims to helpbusiness owners manage • • • and learn to Utilize Social media pages. We offer a range of services, from starting business accounts, building ad campaigns for events to special promotions, or posting day to day activity and products. tact us today to get started! • INFORMATION:CONTACT • • . Name: • . • s Business: Email: Phone: i, , �,,,, ® ) �� :® �s �z d..- f b � �- ® _ • •® -_ = -- I�II�II�II�III (�.. � _ — l .. ,� _ �� tl - -1 __ ,__ _ _ - - - i` 1 1 1 1 l� di k t — ani Uy Y 1 a i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 OLD BUSINESS AGENDAITEM: 12.F. SUBJECT: Discussion and Consideration of the Commercial Rent Grant Program Reimbursement Extension Guidelines and Applications for FY2020-2021 SUMMARY: This item is presented at the request of the CRA Board. At their April 21, 2020 meeting, the CRA Board voted to extend the Commercial Rent Reimbursement Grant program from a 12-month reimbursement program to an 18-month reimbursement program. The goal of this extension was to provide additional funding due to the negative effects of the global pandemic on small businesses. The 6-month rent reimbursement extension was provided as a one-time extension to prior rent reimbursement grant recipients within the past five years (FY2014 - FY2018) and to any businesses who were submitting grant applications before the end of FY2019-2020 (see Attachment 1). At their September 8, 2020 meeting, during the annual review of the Commercial Rent Reimbursement Grant Program guidelines for the FY2020-2021 application cycle, the CRA Board discussed whether to continue the 18-month rent reimbursement period or return to the 12- month rent reimbursement period. The Board agreed to a 12-month rent reimbursement with the option to apply for an additional 6-months extension at the discretion of the CRA Board (see Attachments 11-111). In FY2020-2021, the CRA Board approved sixteen rent reimbursement grants (see Attachment IV). Of those sixteen, three businesses have applied for the extension at the end of their 12- month reimbursement period and have been awarded the 6-month extension. The three extensions total $18,453. Each business filled out the attached form and provided it with supplemental supportive documents to CRA staff who then presented it to the CRA Board at the next available meeting for final approval (see Attachment V). The rental extension allowed the businesses extra money saved on rent to invest in more marketing efforts or off-setting increase in operational costs. This information was provided to staff when submitting their proof of rent for their monthly reimbursements. Of the remaining thirteen grant recipients, five recipients did not request the additional 6-month reimbursement at the end of their 12-month period (and additional two recipients withdrew their grants prior to beginning reimbursement). The remaining six businesses are eligible to request the 6-month extension at the end of their 12- month program. If each of those businesses were to apply and be approved by the CRA Board, it would total approximately$43,950 in additional grant funding. This funding would come out of the Economic Development Grant budget in place at the time of application. At their August 10, 2021 meeting, the CRA Board approved staff's request to return to a 12- month rent reimbursement period for the FY2021-2022 application cycle. This would allow more funding for other critical projects and programs during a tight funding year(see Attachment VI). FISCAL IMPACT: FY 2021-2022 Budget, Project Fund 02-58400-444, $18,453 (spent to date); approximately $43,950 in additional funding if approved CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Goals and Principles and Implementation Guide CRA BOARD OPTIONS: To be determined based on Board discussion. ATTACHMENTS: Description D Attachment I -April 21, 2020 Minutes D Attachment II - FY2020-2021 Commercial Rent Reimbursement Grant Application D Attachment III -September 8, 2020 Minutes D Attachment IV- Rent Reimbursement Extension Breakdown D Attachment V - Extension Application D Attachment VI -August 10, 2021 Minutes Meeting Minutes CRA Meeting Boynton Beach, Florida April 21, 2020 Chair Grant read questions from the public into the record: Mr. Brown asked, does the business need to be in the CRA district? Chair Grant answered, "yes, it does" and explained that the CRA could not expend funds outside of the CRA district. Adam Birdwell asked, are the funds to be used for the entire year of 2020, or does the funds need to be used during the current pandemic? If the pandemic ends and the funds have not been used would be funds now be unforgivable? Mr. Simon responded the business must provide the documentation of eligible expenses to the CRA for up to 1 year of the date of the funding of the loan. This funding was not limited to the COVID-19 time period. Reiterated this was a loan, which would be converted to a grant if documentation is submitted to the CRA within a year. If documents were not received within a year, this would be an interest free loan. Vice Chair Penserga asked about timelines and rollout. How soon can businesses apply for funding? Mr. Simon noted the program is ready to be rolled out to small businesses within the CRA district. Staff is ready to open this program up on April 23, 2020 once the CRA board approves. The first checks could be in the hand of small businesses by Wednesday. Chair Grant asked for a motion. Motion Board Member Romelus moved to approve the motion as amended to increase the funding from $300,000 to $500,000 to be funded in phases and limit payroll for sole proprietor to $5,000. Board Member Katz seconded the motion, which unanimously passed. B. Consideration of Changes to the Commercial Rent Reimbursement Grant Program in Response to COVID-19 Chair Grant read the changes to the Commercial Rent Reimbursement Grant into the record. Michael Simon, Executive Director, explained the current Commercial Rent Reimbursement Grant program as a monthly reimbursement program for a period of up to 12 months under a multi-year lease agreement. Given the past few months, staff is requesting to extend the reimbursement program between October 1, 2019 and September 2020; recipients currently in the program would be granted a 6-month 7 Meeting Minutes CRA Meeting Boynton Beach, Florida April 21, 2020 extension to the Commercial Rent Reimbursement Grant program extending it from a 12- month reimbursement program to an 18-month reimbursement program. The goal of this extension is to provide additional funding to businesses impacted by the COVID-19 virus. Mr. Simon indicated there are currently 22 eligible businesses that would qualify to receive the 6-month extension. The total funding needed under the Economic Development Grant Project Fund line item would be $156,481. If the 22 businesses identified received the extension, there would be approximately $250,000 remaining in the Economic Development Grant Program Project Fund line item. Mr. Simon indicated there are funds available for new grant recipients and the new recipient time limit was for 18 months. Chair Grant inquired, if the recipient of the program lease ended October 2019, would the recipient be eligible for an extension? Mr. Simon responded that if the grant ended October 2019, the recipient is eligible for the 6-month extension. Mr. Simon continued to say that if the grant ended in July 2019, the recipient would not be eligible to receive the rental reimbursement 6-month extension. Chair Grant requested to add prior five-year grant recipients' eligibility to the program. Chair Grant indicated businesses, which are older than two years are struggling as well. He stated one of the main reasons businesses leave is because of rental payments. This would allow the opportunity for previous recipients to reapply for the grant. Indicated the board wants to keep businesses in the CRA district. Requested Attorney guidance. Attorney Duhy stated the motion would be to move as recommended by staff with the removal of the restriction on the previous grant recipient to be able to reapply for additional six months of rental assistance. Board Member Hay indicated he believed this would be fair to allow previous recipients to reapply for a 6-month extension. Vice Chair Penserga noted he was in favor of the extension but wanted to know the financial ramification of going back five years. Mr. Simon responded without having the five-year list he was unable to provide the ramifications of allowing prior recipients to apply. Mr. Simon indicated from a funding perspective he believes another $100,000 is needed. Noted there are funds for 22 businesses. Mr. Simon requested clarification for previous businesses from five years. Inquired if the business would need to come before the board or could staff approve the application. Chair Grant responded if the recipients were approved in the past, then they would be approved at reapplication. These applicants would have a different application. 8 Meeting Minutes CRA Meeting Boynton Beach, Florida April 21, 2020 Board Member Romelus agreed. Board Member Katz agreed. Requested clarification regarding staff could approve the application, based on previous board approval. Attorney Duhy indicated this would be an administrative approval. Motion Vice Chair Penserga moved to approve item 15-B. Seconded by Board Member Romelus, which unanimously passed. Motion Board Member Hay made a motion to move $100,000 from the Special Project Fund into the Economic Development Fund and allow previous grant recipient to reapply for an additional six-month period to be approved administratively by staff. Board Member Romelus seconded the motion, which unanimously passed. 16.CRA Advisory Board A. Pending Assignments B. Reports on Pending Assignments C. New Assignments. 17.Future Agenda Items 18.Adjournment. Motion There being no further business to discuss, Board Member Hay moved to adjourn. Board Member Romelus seconded the motion that unanimously passed. The meeting adjourned at 6:50 p.m. Queenester Nieves Deputy City Clerk 9 }At {J B ' JT1 B EACH COMMUMTY REDEVELOPMENT October 1 , 2020 — September 30, 2021 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation. The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced by the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Initials 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). Initials Page 4 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or $1,250 per month, whichever is less (maximum amount of the grant is $15,000, distributed in four monthly payments. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home D6cor/Design — home • Clothing Boutique — clothing, furnishings, art galleries, kitchen shoes & accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than 2 • Real Estate Offices approvals per fiscal year) • Marketing Offices • Medical Offices • Fitness Centers • Insurance Offices • Specialty Businesses — stationary, • Florists (no more than 2 approvals gifts, sporting goods per fiscal year) 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, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Ability to terminate; and • Consequences of default on the lease. For purposes of this paragraph, the term "subject property" means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; C) allowing or assisting a business entity other than the grant recipient to list its place of business as the subject property; or D) allowing or assisting a business entity other than the grant recipient to obtain a business tax license from the City of Boynton Beach for the subject property. The fact that a business entity other than the grant recipient occupies the subject property, lists its place of business as the subject property, obtains a business tax license for the subject property, or similarly appears to use the subject property is sufficient evidence that the grant recipient has allowed or assisted such other business entity to do so and is grounds for termination of any further grant payments and seeking reimbursement for previously paid grant payments. However, it shall not be considered a prohibited subleasing when the business purpose of the applicant is to provide a space for aspiring businesses, such as when the applicant is a business incubator, commissary kitchen, or business that provides co-op workspace. The BBCRA will determine whether a certain applicant fits into the exception described in this paragraph on a case-by-case basis. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 or downloaded from www.boyntonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before Initials Page 6 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants must submit an original, "hard copy" application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first served basis. Application packets must include the following documentation: 1. A non-refundable fee of$100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Resume for each principal/owner of the business. 3. Copy of the corporate documents for the applying business entity. 4. Copy of City and County Business Licenses (Business Tax Receipt). 5. Copy of executed multi-year commercial lease agreement. 6. Two years of corporate tax returns (for existing businesses only). 7. Two years of personal tax returns for the principal/owners of a new business. 8. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 9. If applicant is an existing business expanding to occupy more than 50% of its current square footage size, verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. 10.Completed and signed application (attached). 11.Authorization to perform credit check for the business and each principal/owner of the business (attached). 12.W9 Form and Vendor Application (attached). Approval of Funding Request All required application documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to Initials Page 7 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. In order to request the 6-month extension, the applicant must submit a presentation at the completion of the 12 months of rent reimbursement, outlining how their first year went and requesting the additional 6 months of rent reimbursement. The presentation must be submitted no later than noon two weeks prior to the second Tuesday of the month The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement Monthly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to BBCRA Board approval. A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the approved applicant, with the option to request an additional 6 months. Reimbursement will occur on a monthly basis. Following the initial Reimbursement Request, each reimbursement request shall be made within 30 days of the start of the next month. Initials Page 8 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com In order to receive monthly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that month's reimbursement or proof of direct deposit). If applicant does not submit its monthly reimbursement request within 30 days following the end of the next month in which applicant is requesting reimbursement, applicant forfeits that month's reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant or applicant's landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant's submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the BBCRA to award grant funding. Initials Page 9 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI,,,OPMENTAGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): Current Business Address: Fed I D#: Business Phone Number: Fax: Website: Existing Business: Yes No Number of years in existence: Time at Current Location: New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes No If so, monthly base rent: New Business Address: Square footage of current location: Square footage of new location: Type of Business: Number of Employees: Hours of Operation: Page 10 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI,,,OPMENTAGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 11 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,����t�4� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„,OPMENTAGENCY APPLICANT INFORMATION Are you applying for grant 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: Landlord's Phone Number: CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I” refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). 1, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Page 12 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI,,,OPMENTAGENCY APPLICANT INFORMATION Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer furthering the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Page 13 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI,,,OPMENTAGENCY APPLICANT INFORMATION APPLICANT SIGNATURES: 1. Principal/Owner's Signature Date Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of , 20 NOTARY PUBLIC My Commission Expires: Page 14 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI,,,OPMENTAGENCY LANLORD INFORMATION LANDLORD SIGNATURES: 1. Landlord's Signature Date Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 120 NOTARY PUBLIC My Commission Expires: Page 15 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,����t�4� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI,,, P ENT AUTHORIZATION TO PERFORM A CREDIT CHECK FOR PRINCIPAL/OWNER The applicant hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives and all claims, past, present or future, which the applicant may have against the BBCRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein give to the BBCRA. An authorization to Perform Credit Check needs to be complete by each Principal/Owner and by the Business. Please us a separate form for each principal/owner: Principal/Owner Name: Date of Birth: Current Home Address: Previous Home Address: Email: Phone Number: Signature: Date: 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,����t�4� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI,,, P ENT AUTHORIZATION TO PERFORM A CREDIT CHECK FOR BUSINESS The applicant hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives and all claims, past, present or future, which the applicant may have against the BBCRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein give to the BBCRA. An authorization to Perform Credit Check needs to be complete by each Principal/Owner and by the Business. Business (d/b/a if applicable): Federal Tax ID #: Current Business Address: State of Corporation: Email: Phone Number: Fax Number: Signature: Date: Title: 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com MAP OF CRA AREA NE th Ave Gate„iaY Blv Cn L t r LU LL Z 4i mr Stanley Wea er Canal 20" a v > `� Martin Luther Kin r Blvd o U y V z W c LL z W Boynton each 1 d E Oc a Ave Z 2nd A e 2 00 L y d a v 00 00 U) = U) E oo brigh Rd a 0 U U) 23 d Av SW 23rd Ave CRAAREA- 1,650 acres Water Major Roads Railroads ulfstream vd' W�E BOYNTON[ 0 o.zs o.s "'BEACH',C RA Miles g C,06=MUNfl n e -ir> r «ikG_NC',Y Form W_9 Request for Taxpayer Give Form to the (Rev.December Treasury Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. ni 2 Business name/disregarded entity name,if different from above a� rn m °- 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to ° ❑Individual/sole proprietor or ❑ C Corporation ❑S Corporation ❑ certain entities, not individuals; see Partnership ❑ Trust/estate V) instructions on page 3): m single-member LLC O F-1Limited liability company. Enter the tax classification(C=C corporation,S=S corporation, P=partnership)01Exempt payee code(if any) oExemption from FATCA reporting Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for N the tax classification of the single-member owner. code(if any) d v ❑Other(see instructions) ► (Applies to accounts maintained outside the U.S.) �= 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) v m 2 6 City,state,and ZIP code ) 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals,this is generally your social security number(SSN). However,for a resident alien,sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other — — entities, it is your employer identification number(EIN).If you do not have a number, see How to get a L I TINon page 3. or Note. If the account is in more than one name,seethe instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S.citizen or other U.S. person (defined below);and 4.The FATCA code(s)entered on this form (if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRSthat you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN.See the instructions on page 3. Sign Signature of Here U.S.person► Date ► General Instructions -Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. -Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such -Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www.irs.gov/fw9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding. See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number identification number(EIN),to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding, or -Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If -Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the -Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and -Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting, is correct.See What is FATCA reporting?on -Form 1099-S(proceeds from real estate transactions) page 2 for further information. -Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9(Rev. 12-2014) Form W-9(Rev. 12-2014) Page 2 Note. If you are a U.S.person and a requester gives you a form other than Form 3.The IRS tells the requester that you furnished an incorrect TIN, W-9 to request your TIN,you must use the requester's form if it is substantially 4.The IRS tells you that you are subject to backup withholding because you did similar to this Form W-9. not report all your interest and dividends on your tax return(for reportable interest Definition of a U.S.person.For federal tax purposes,you are considered a U.S. and dividends only),or person if you are: 5.You do not certify to the requester that you are not subject to backup -An individual who is a U.S.citizen or U.S.resident alien; withholding under 4 above(for reportable interest and dividend accounts opened -A partnership,corporation,company, or association created or organized in the after 1983 only). United States or under the laws of the United States; Certain payees and payments are exempt from backup withholding.See Exempt -An estate(other than a foreign estate);or payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. -A domestic trust(as defined in Regulations section 301.7701-7). Also see Special rules for partnerships above. Special rules for partnerships.Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section What is FATCA reporting? 1446 on any foreign partners'share of effectively connected taxable income from such business.Further,in certain cases where a Form W-9 has not been received, The Foreign Account Tax Compliance Act(FATCA)requires a participating foreign the rules under section 1446 require a partnership to presume that a partner is a financial institution to report all United States account holders that are specified foreign person,and pay the section 1446 withholding tax.Therefore,if you are a United States persons.Certain payees are exempt from FATCA reporting.See U.S.person that is a partner in a partnership conducting a trade or business in the Exemption from FATCA reporting code on page 3 and the Instructions for the United States,provide Form W-9 to the partnership to establish your U.S.status Requester of Form W-9 for more information. and avoid section 1446 withholding on your share of partnership income. In the cases below,the following person must give Form W-9 to the partnership Updating Your Information for purposes of establishing its U.S.status and avoiding withholding on its You must provide updated information to any person to whom you claimed to be allocable share of net income from the partnership conducting a trade or business an exempt payee if you are no longer an exempt payee and anticipate receiving in the United States: reportable payments in the future from this person.For example,you may need to -In the case of a disregarded entity with a U.S.owner,the U.S.owner of the provide updated information if you are a C corporation that elects to be an S disregarded entity and not the entity; corporation,or if you no longer are tax exempt. In addition,you must furnish a new Form W-9 if the name or TIN changes for the account;for example,if the grantor -In the case of a grantor trust with a U.S.grantor or other U.S.owner,generally, of a grantor trust dies. the U.S.grantor or other U.S.owner of the grantor trust and not the trust;and -In the case of a U.S.trust(other than a grantor trust),the U.S.trust(other than a Penalties grantor trust)and not the beneficiaries of the trust. Failure to furnish TIN.If you fail to furnish your correct TIN to a requester,you are Foreign person.If you are a foreign person or the U.S.branch of a foreign bank subject to a penalty of$50 for each such failure unless your failure is due to that has elected to be treated as a U.S.person,do not use Form W-9.Instead,use reasonable cause and not to willful neglect. the appropriate Form W-8 or Form 8233(see Publication 515,Withholding of Tax Civil penalty for false information with respect to withholding.If you make a on Nonresident Aliens and Foreign Entities). false statement with no reasonable basis that results in no backup withholding, Nonresident alien who becomes a resident alien.Generally,only a nonresident you are subject to a$500 penalty. alien individual may use the terms of a tax treaty to reduce or eliminate U.S.tax on Criminal penalty for falsifying information.Willfully falsifying certifications or certain types of income.However,most tax treaties contain a provision known as affirmations may subject you to criminal penalties including fines and/or a"saving clause."Exceptions specified in the saving clause may permit an imprisonment. exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S.resident alien for tax purposes. Misuse of TINS.If the requester discloses or uses TINs in violation of federal law, If you are a U.S.resident alien who is relying on an exception contained in the the requester may be subject to civil and criminal penalties. saving clause of a tax treaty to claim an exemption from U.S.tax on certain types of income,you must attach a statement to Form W-9 that specifies the following Specific Instructions five items: 1.The treaty country.Generally,this must be the same treaty under which you Line 1 claimed exemption from tax as a nonresident alien. You must enter one of the following on this line;do not leave this line blank.The 2.The treaty article addressing the income. name should match the name on your tax return. 3.The article number(or location)in the tax treaty that contains the saving If this Form W-9 is for a joint account,list first,and then circle,the name of the clause and its exceptions. person or entity whose number you entered in Part I of Form W-9. 4.The type and amount of income that qualifies for the exemption from tax. a. Individual.Generally,enter the name shown on your tax return.If you have changed your last name without informing the Social Security Administration (SSA) 5.Sufficient facts to justify the exemption from tax under the terms of the treaty of the name change,enter your first name,the last name as shown on your social article. security card,and your new last name. Example.Article 20 of the U.S.-China income tax treaty allows an exemption Note.ITIN applicant:Enter your individual name as it was entered on your Form from tax for scholarship income received by a Chinese student temporarily present W-7 application, line 1a.This should also be the same as the name you entered on in the United States.Under U.S.law,this student will become a resident alien for the Form 1040/1040A/1040EZ you filed with your application. tax purposes if his or her stay in the United States exceeds 5 calendar years. However,paragraph 2 of the first Protocol to the U.S.-China treaty(dated April 30, b. Sole proprietor or single-member LLC.Enter your individual name as 1984)allows the provisions of Article 20 to continue to apply even after the shown on your 1040/1040A/1040EZ on line 1.You may enter your business,trade, Chinese student becomes a resident alien of the United States.A Chinese student or"doing business as"(DBA)name on line 2. who qualifies for this exception (under paragraph 2 of the first protocol)and is c. Partnership,LLC that is not a single-member LLC,C Corporation,or S relying on this exception to claim an exemption from tax on his or her scholarship Corporation.Enter the entity's name as shown on the entity's tax return on line 1 or fellowship income would attach to Form W-9 a statement that includes the and any business,trade,or DBA name on line 2. information described above to support that exemption. d. Other entities.Enter your name as shown on required U.S.federal tax If you are a nonresident alien or a foreign entity,give the requester the documents on line 1.This name should match the name shown on the charter or appropriate completed Form W-8 or Form 8233. other legal document creating the entity.You may enter any business,trade,or DBA name on line 2. Backup Withholding e. Disregarded entity.For U.S.federal tax purposes,an entity that is What is backup withholding?Persons making certain payments to you must disregarded as an entity separate from its owner is treated as a"disregarded under certain conditions withhold and pay to the IRS 28%of such payments.This entity." See Regulations section 301.7701-2(c)(2)(iii).Enter the owners name on is called"backup withholding." Payments that may be subject to backup line 1.The name of the entity entered on line 1 should never be a disregarded withholding include interest,tax-exempt interest,dividends, broker and barter entity.The name on line 1 should be the name shown on the income tax return on exchange transactions, rents,royalties,nonemployee pay,payments made in which the income should be reported. For example,if a foreign LLC that is treated settlement of payment card and third party network transactions,and certain as a disregarded entity for U.S.federal tax purposes has a single owner that is a payments from fishing boat operators.Real estate transactions are not subject to U.S.person,the U.S.owners name is required to be provided on line 1.If the backup withholding. direct owner of the entity is also a disregarded entity,enter the first owner that is You will not be subject to backup withholding on payments you receive if you not disregarded for federal tax purposes.Enter the disregarded entity's name on give the requester your correct TIN,make the proper certifications, and report all line 2,"Business name/disregarded entity name."If the owner of the disregarded your taxable interest and dividends on your tax return. entity is a foreign person,the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S.TIN. Payments you receive will be subject to backup withholding if: 1.You do not furnish your TIN to the requester, 2.You do not certify your TIN when required(see the Part II instructions on page 3 for details), Form W-9(Rev. 12-2014) Page 3 Line 2 2 However,the following payments made to a corporation and reportable on Form If you have a business name,trade name,DBA name,or disregarded entity name, 1099-MISC are not exempt from backup withholding: medical and health care you may enter it on line 2. payments,attorneys'fees,gross proceeds paid to an attorney reportable under section 6045(f),and payments for services paid by a federal executive agency. Line 3 Exemption from FATCAreporting code.The following codes identify payees Check the appropriate box in line 3 for the U.S.federal tax classification of the that are exempt from reporting under FATCA.These codes apply to persons person whose name is entered on line 1.Check only one box in line 3. submitting this form for accounts maintained outside of the United States by certain foreign financial institutions.Therefore,if you are only submitting this form Limited Liability Company(LLC).If the name on line 1 is an LLC treated as a for an account you hold in the United States,you may leave this field blank. partnership for U.S.federal tax purposes,check the"Limited Liability Company" Consult with the person requesting this form if you are uncertain if the financial box and enter"P" in the space provided. If the LLC has filed Form 8832 or 2553 to institution is subject to these requirements.A requester may indicate that a code is be taxed as a corporation,check the"Limited Liability Company" box and in the not required by providing you with a Form W-9 with"Not Applicable" (or any space provided enter"C" for C corporation or"S"for S corporation. If it is a similar indication)written or printed on the line for a FATCA exemption code. single-member LLC that is a disregarded entity,do not check the"Limited Liability Company" box;instead check the first box in line 3"Individual/sole proprietor or A—An organization exempt from tax under section 501(a)or any individual single-member LLC." retirement plan as defined in section 7701(a)(37) Line 4, Exemptions B—The United States or any of its agencies or instrumentalities If you are exempt from backup withholding and/or FATCA reporting,enter in the C—A state,the District of Columbia,a U.S.commonwealth or possession,or appropriate s ace in line 4 an code(s)that n apply to you. any of their political subdivisions or instrumentalities p Y ( ) Y pp Y Exempt payee code. D—A corporation the stock of which is regularly traded on one or more established securities markets,as described in Regulations section - Generally,individuals(including sole proprietors)are not exempt from backup 1.1472-1(c)(1)(i) withholding. E—A corporation that is a member of the same expanded affiliated group as a - Except as provided below,corporations are exempt from backup withholding corporation described in Regulations section 1.1472-1(c)(1)(i) for certain payments,including interest and dividends. F—A dealer in securities,commodities, or derivative financial instruments - Corporations are not exempt from backup withholding for payments made in (including notional principal contracts,futures,forwards,and options)that is settlement of payment card or third party network transactions. registered as such under the laws of the United States or any state - Corporations are not exempt from backup withholding with respect to attorneys' G—A real estate investment trust fees or gross proceeds paid to attorneys,and corporations that provide medical or H—A regulated investment company as defined in section 851 or an entity health care services are not exempt with respect to payments reportable on Form registered at all times during the tax year under the Investment Company Act of 1099-MISC. 1940 The following codes identify payees that are exempt from backup withholding. I—A common trust fund as defined in section 584(a) Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a),any IRA,or a J—A bank as defined in section 581 custodial account under section 403(b)(7)if the account satisfies the requirements K—A broker of section 401(f)(2) L—A trust exempt from tax under section 664 or described in section 4947(a)(1) 2—The United States or any of its agencies or instrumentalities M—A tax exempt trust under a section 403(b)plan or section 457(g)plan 3—A state,the District of Columbia,a U.S.commonwealth or possession,or Note.You may wish to consult with the financial institution requesting this form to any of their political subdivisions or instrumentalities determine whether the FATCA code and/or exempt payee code should be 4—A foreign government or any of its political subdivisions,agencies,or completed. instrumentalities Line 5 5—A corporation 6—A dealer in securities or commodities required to register in the United Enter your address(number,street,and apartment or suite number).This is where States,the District of Columbia,or a U.S.commonwealth or possession the requester of this Form W-9 will mail your information returns. 7—A futures commission merchant registered with the Commodity Futures Line 6 Trading Commission Enter your city,state,and ZIP code. 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Part I. Taxpayer Identification Number(TIN) Company Act of 1940 Enter your TIN in the appropriate box.If you are a resident alien and you do not 10—A common trust fund operated by a bank under section 584(a) have and are not eligible to get an SSN,your TIN is your IRS individual taxpayer identification number(ITIN).Enter it in the social security number box.If you do not 11—A financial institution have an ITIN,see How to get a TIN below. 12—A middleman known in the investment community as a nominee or If you are a sole proprietor and you have an EIN,you may enter either your SSN custodian or EIN.However,the IRS prefers that you use your SSN. 13—A trust exempt from tax under section 664 or described in section 4947 If you are a single-member LLC that is disregarded as an entity separate from its The following chart shows types of payments that may be exempt from backup owner(see Limited Liability Company(LLC)on this page),enter the owner's SSN withholding. The chart applies to the exempt payees listed above,1 through 13. (or EIN,if the owner has one).Do not enter the disregarded entity's EIN.If the LLC is classified as a corporation or partnership,enter the entity's EIN. IF the payment is for... THEN the payment is exempt for... Note.Seethe chart on page 4 for further clarification of name and TIN combinations. Interest and dividend payments All exempt payees except How to get a TIN.If you do not have a TIN,apply for one immediately.To apply for for 7 an SSN,get Form SS-5,Application for a Social Security Card,from your local SSA office or get this form online at www.ssa.gov.You may also get this form by calling Broker transactions Exempt payees 1 through 4 and 6 1-800-772-1213. Use Form W-7,Application for IRS Individual Taxpayer through 11 and all C corporations. S Identification Number,to apply for an ITIN,or Form SS-4,Application for Employer corporations must not enter an exempt Identification Number,to apply for an EIN.You can apply for an EIN online by payee code because they are exempt accessing the IRS website at www.irs.gov/businesses and clicking on Employer only for sales of noncovered securities Identification Number(EIN)under Starting a Business.You can get Forms W-7 and acquired prior to 2012. SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). Barter exchange transactions and Exempt payees 1 through 4 If you are asked to complete Form W-9 but do not have a TIN,apply for a TIN patronage dividends and write"Applied For'in the space for the TIN,sign and date the form,and give it Payments over$600 required to be Generally,exempt payees to the requester.For interest and dividend payments,and certain payments made reported and direct sales over o be 1 Generally, h 5Z with respect to readily tradable instruments,generally you will have 60 days to get p g a TIN and give it to the requester before you are subject to backup withholding on payments.The 60-day rule does not apply to other types of payments.You will be Payments made in settlement of Exempt payees 1 through 4 subject to backup withholding on all such payments until you provide your TIN to payment card or third party network the requester. transactions Note.Entering"Applied For'means that you have already applied for a TIN or that 1 See Form 1099-MISC,Miscellaneous Income,and its instructions. you intend to apply for one soon. Caution:A disregarded U.S.entity that has a foreign owner must use the appropriate Form W-8. Form W-9(Rev. 12-2014) Page 4 Part II. Certification 3You must show your individual name and you may also enter your business or DBA name on the"Business name/disregarded entity"name line.You may use either your SSN or EIN(if you To establish to the withholding agent that you are a U.S.person,or resident alien, have one),but the IRS encourages you to use your SSN. sign Form W-9.You may be requested to sign by the withholding agent even if 4 items 1,4,or 5 below indicate otherwise. List first and circle the name of the trust,estate,or pension trust.(Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account For a joint account,only the person whose TIN is shown in Part I should sign title.)Also see Special rules for partnerships on page 2. (when required).In the case of a disregarded entity,the person identified on line 1 *Note.Grantor also must provide a Form W-9 to trustee of trust. must sign.Exempt payees,see Exempt payee code earlier. Note. If no name is circled when more than one name is listed,the number will be Signature requirements.Complete the certification as indicated in items 1 considered to be that of the first name listed. through 5 below. Secure Your Tax Records from Identity Theft 1.Interest,dividend,and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.You must give your Identity theft occurs when someone uses your personal information such as your correct TIN,but you do not have to sign the certification. name,SSN,or other identifying information,without your permission,to commit 2.Interest,dividend,broker,and barter exchange accounts opened after fraud or other crimes.An identity thief may use your SSN to get a job or may file a 1983 and broker accounts considered inactive during 1983.You must sign the tax return using your SSN to receive a refund. certification or backup withholding will apply.If you are subject to backup To reduce your risk: withholding and you are merely providing your correct TIN to the requester,you -Protect your SSN, must cross out item 2 in the certification before signing the form. -Ensure your employer is protecting your SSN,and 3.Real estate transactions.You must sign the certification.You may cross out item 2 of the certification. -Be careful when choosing a tax preparer. 4.Other payments.You must give your correct TIN,but you do not have to sign If your tax records are affected by identity theft and you receive a notice from the certification unless you have been notified that you have previously given an the IRS,respond right away to the name and phone number printed on the IRS incorrect TIN."Other payments" include payments made in the course of the notice or letter. requester's trade or business for rents,royalties,goods(other than bills for If your tax records are not currently affected by identity theft but you think you merchandise),medical and health care services(including payments to are at risk due to a lost or stolen purse or wallet,questionable credit card activity corporations),payments to a nonemployee for services,payments made in or credit report,contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit settlement of payment card and third party network transactions,payments to Form 14039. certain fishing boat crew members and fishermen,and gross proceeds paid to attorneys(including payments to corporations). For more information,see Publication 4535,Identity Theft Prevention and Victim Assistance. 5.Mortgage interest paid by you,acquisition or abandonment of secured Victims of identity theft who are experiencing economic harm or a system property,cancellation Cover debt,qualified tuition program payments(under problem,or are seeking help in resolving tax problems that have not been resolved section 52ns IRA,pension ell ESA,Archer MSA u HSA contributions IN through normal channels,may be eligible for Taxpayer Advocate Service(TAS) distributions,and pension distributions.You must give your correct TIN,but you assistance.You can reach TAS by calling the TAS toll-free case intake line at do not have to sign the certification. 1-877-777-4778 or TTY/TDD 1-800-829-4059. What Name and Number To Give the Requester Protect yourselffrom suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business For this type of account: Give name and SSN of: emails and websites.The most common act is sending an email to a user falsely 1.Individual The individual claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. 2.Two or more individuals(joint The actual owner of the account or, account) if combined funds,the first The IRS does not initiate contacts with taxpayers via emails.Also,the IRS does individual on the account' not request personal detailed information through email or ask taxpayers for the PIN numbers,passwords,or similar secret access information for their credit card, 3.Custodian account of a minor The minor bank,or other financial accounts. (Uniform Gift to Minors Act) If you receive an unsolicited email claiming to be from the IRS,forward this 4.a.The usual revocable savings The grantor-trustee' message to phishing@irs.gov.You may also report misuse of the IRS name,logo, trust(grantor is also trustee) or other IRS property to the Treasury Inspector Generalfor Tax Administration b.So-called trust account that is The actual owner' (TIGTA)at 1-800-366-4484. You can forward suspicious emails to the Federal not a legal or valid trust under Trade Commission at:spam@uce.gov or contact them at www.ftc.gov/idtheft or state law 1-877-IDTHEFT(1-877-438-4338). 5.Sole proprietorship or disregarded The owner' Visit IRS.gov to learn more about identity theft and how to reduce your risk. entity owned by an individual 6.Grantor trust filing under Optional The grantor* Privacy Act Notice Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) Section 6109 of the Internal Revenue Code requires you to provide your correct TIN (A)) to persons(including federal agencies)who are required to file information returns with the IRS to report interest,dividends,or certain other income paid to you; For this type of account: Give name and EIN of: mortgage interest you paid;the acquisition or abandonment of secured property; 7.Disregarded entity not owned by an The owner the cancellation of debt;or contributions you made to an IRA,Archer MSA,or HSA. individual The person collecting this form uses the information on the form to file information 8.A valid trust,estate,or pension trust Legal entity' returns with the IRS,reporting the above information.Routine uses of this information include giving it to the Department of Justice for civil and criminal 9.Corporation or LLC electing The corporation litigation and to cities,states,the District of Columbia,and U.S.commonwealths corporate status on Form 8832 or and possessions for use in administering their laws.The information also may be Form 2553 disclosed to other countries under a treaty,to federal and state agencies to enforce 10.Association,club,religious, The organization civil and criminal laws,or to federal law enforcement and intelligence agencies to charitable,educational,or other tax- combat terrorism.You must provide your TIN whether or not you are required to file exempt organization a tax return.Under section 3406,payers must generally withhold a percentage of taxable interest,dividend,and certain other payments to a payee who does not 11.Partnership or multi-member LLC The partnership give a TIN to the payer.Certain penalties may also apply for providing false or 12.A broker or registered nominee The broker or nominee fraudulent information. 13.Account with the Department of The public entity Agriculture in the name of a public entity(such as a state or local government,school district, or prison)that receives agricultural program payments 14.Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2(see Regulations section 1.671-4(b)(2)(i) (B)) List first and circle the name of the person whose number you furnish.If only one person on a joint account has an SSN,that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. Fft 1`( '' UNBEACH,111>>, (CRA, Vendor ID: COMMUNffY REDEVELOPMENT A Office use only Vendor Application • Submit a current W-9 with application The CRA's Vendor List is updated periodically. An updated W-9 is required whenever there is a change in address, and must be submitted to the CRA Finance Department. Phone number is 561-600-9092 or 561-600-9095. All the *fields are required Apply Date* Federal ID#* Company Type* ❑Corporation ❑ Individual/Sole Proprietor ❑ Joint Venture ❑ LLC ❑ Partnership/Limited Partnership ❑ Non Profit* Company Name* D.B.A Email Address* Address* Suite/Unit# City* State/Province* Zip Code* Phone No_ Ext. Fax# Contact Person* Title Mobile# ❑ Check this box if the Billing Address is same as Company Address. Otherwise please complete the following: Address* Suite/Unit# City* State/Province* Zip Code* Phone No_ Ext. Fax# Contact Person* Title Mobile# Principal line of business: PLEASE NOTE:THE STATE OF FLORIDA HAS A BROAD PUBLIC RECORDS LAW.ALL RECORDS OF THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE ARE OPEN FOR PUBLIC INSPECTION AND COPYING,SUBJECT TO CERTAIN STATUTORY EXEMPTIONS. IF YOU CHOOSE TO PROVIDE PERSONAL INFORMATION SUCH AS YOUR NAME, EMAIL ADDRESS,PHONE NUMBER(S),ADDRESS OR ANY OTHER PERSONAL INFORMATION IN THIS CONTACT FORM OR OTHER FORM ON THIS SITE,UNLESS EXEMPTED BY FLORIDA STATUTES,THIS INFORMATION IS A PUBLIC RECORD UNDER FLORIDA'S GOVERNMENT IN THE SUNSHINE LAWS AND IS AVAILABLE FOR PUBLIC INSPECTION UPON REQUEST.IF YOU DO NOT WANT THIS INFORMATION RELEASED IN RESPONSE TO A PUBLIC RECORDS REQUEST,PLEASE DO NOT SUBMIT THIS INFORMATION.IF YOU HAVE QUESTIONS ABOUT OUR WEBSITE'S PRIVACY POLICIES,PLEASE CONTACT US AT 561-600-9092 or 561-600-9095. t f BOYNf itlil!;441, ls'ia`) E , RAooeoo .......... ... • - • • e • sod,R/0186//a 0 u tre a c hPro ram GROW YOUR BUSINESS ! The Boynton Beach CRA 1S excited to inform you about Our Social Media Outreach Program! Our - - • - - • al is to helpbusinesses within the CRA District ' ' • establish li e presence. The best ? is - •completely ! Renee ert , Social Media & Communications Specialist, is here to teach you the tools you need t successfully market your business on social media ' and online platforms. 1S program aims to helpbusiness owners manage • • • and learn to Utilize Social media pages. We offer a range of services, from starting business accounts, building ad campaigns for events to special promotions, or posting day to day activity and products. tact us today to get started! • INFORMATION:CONTACT • • . Name: • . • s Business: Email: Phone: i, , �,,,, ® ) �� :® �s �z d..- f b � �- ® _ • •® -_ = -- I�II�II�II�III (�.. � _ — l .. ,� _ �� tl - -1 __ ,__ _ _ - - - i` 1 1 1 1 l� di k t — ani Uy Y 1 a Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 Vice Chair Penserga moved to table. Chair Grant requested the CRA not move forward with any design space. Board Member Hay seconded the motion. Board Member Romelus asked how this impacts the budget with the amount they had to commit for developing the office. Mr. Simon explained they would save money in the new building. The motion unanimously passed. H. MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project Update Mr. Simon gave an update. They are working towards their underwriting timeline for the site plan and other conditions of approval to obtain funding from the State and several meetings with the City were held. Centennial is progressing. With the exception of the Bell's parcel, they would like to dovetail the close of Ocean Breeze East and use the same site and resources that built Ocean Breeze East and move it north to the MLK Jr. Corridor project. He noted the NOP office had already been discussed. Chair Grant noted based on CRA comments in July, the Board has designated future tax dollars to build more affordable homes and there is already $1 M for the MLK project. He wanted to work with the developer to help build wealth. There are other parcels on the east and north side that are not owned, and they can talk with the developer to try and build more along MLK Jr Boulevard. Chair Grant would like to approach them if the Board would like more land acquisition on MLK and use the funds in MLK Jr. budget to help businesses there. There were no comments. I. Consideration of the Economic Development Grant Program Guidelines and Applications for FY 2020 — 2021 Ms. Nicklien requested the Board approve the guidelines and applications. Staff was seeking guidance about the program regarding whether to continue the 18-month time period or return to the 12-month reimbursement period. The 18-month program was established in April due to COVID. Staff recommends continuing to process grant reimbursements monthly versus quarterly and staff also clarified eligibility for convenience stores for fagade only improvements and security cameras. Both applications include information on the City's new Work Inclusion Business Partner program which is a free program for businesses to participate in demonstrating their commitment to the Americans with Disability Act. Chair Grant asked if hotels/motels could use Economic Development grants and learned they were eligible for Fagade Improvement grants. Chair Grant wanted to move them up to tier one status. Hotels and Bed and Breakfast establishments provide funds from the bed tax. Vice Chair Penserga agreed with the reasoning. Ms. Nicklien pointed out they fall under the "Other" category as Tier Two and are eligible for 50% reimbursement up to the maximum of$25K. Motion 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 Board Member Hay seconded the motion. The motion unanimously passed. Board Member Romelus questioned why not just approve them in their tier. Mr. Simon explained each year they describe the program and tweak it. It could be changed. Board Member Romelus suggested making changes for auto shops and similar businesses to just be able to apply as part of the tiered program instead of on a conditional basis. Mr. Simon explained each year the grant guidelines are adjusted and they have no objections to including them. Board Member Romelus supported having auto services to be able to apply like everyone else. Chair Grant explained the Economic Development program was for new businesses, and was then changed to include existing businesses. When new businesses came, existing businesses needed to improve. When the program first started, it was very different than it is now and they can improve the types of businesses in the CRA. Chair Grant agreed to include them in the Tier Two businesses. The two changes were to move auto uses from the Board Approval Category and move Hotel/Motel into Tier One. Vice Chair Penserga asked for the rationale about categorizing businesses into the different tiers and if it was based on a multiplier effect or some other concept. Mr. Simon explained it was based on board discussion and because restaurants were not opening as much then as they were now. It was a way to incentivize a business to locate in Boynton rather than to another city. Restaurant buildouts are expensive. There was clarity on the motion to amend the auto uses and Hotel/Motel. As to the extension due to COVID, Chair Grant was amenable to another six-month extension after the initial 12-month period, but would want to ensure the businesses are doing well and that the landlord was not taking the CRA money while the business was struggling. Chair Grant wanted a presentation after the first year of what they could do better. Board Member Hay agreed. Attorney Duhy suggested approving the grants for up to 12 months with the possibility for making application for a six-motion extension at the discretion of the Board. Ms. Nicklien explained she spoke with Mr. Lansat who wants to purchase an existing business. He would be a new owner. Under the existing program, he would not qualify for grants because existing businesses can only apply if they are expanding 50% of the current square footage or if they are being relocated due to redevelopment, which did not apply to him. If he wanted to make changes to the property, he could apply for property improvement grants, but under the current proposed rent grant, he is not eligible as an existing business. Chair Grant asked what would occur if he had a new business name with the same use. Ms. Nicklien did not know. Chair Grant thought it was the same. Ms. Nicklien explained the problem is someone could change the name of a business that has been in existence or they could sell it to themselves as an LLC. She did not think they could write the policy to address it. They could take an application and review it conditionally. Mr. Simon explained someone could buy a business and improve the exterior, but they would not receive rent reimbursement. Chair Grant wanted to speak 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 with Mr. Lansat, but did not think the program could be amended to accommodate his situation. Board Member Romelus asked if they would specify between bed and breakfasts and Airbnb and learned eligibility was based on a commercial location whereas an Airbnb is not. Motion Vice Chair Penserga moved to approve as amended. Board Member Hay seconded the motion. The motion unanimously passed. J. Discussion Regarding Prevailing Wage, Benefits and Apprenticeship Policies for CRA Procurement and Requests for Proposals Board Member Katz wanted to ensure they have a discussion, but suggested this item be tabled one more time and hear it at an earlier point in the meeting. Motion Board Member Romelus moved to table the item one more time. Board Member Hay seconded the motion. The motion unanimously passed. Chair Grant looked at the tax deed sales and stated there is a property in the CRA District at 412 SE 4th Street. He wanted to put that item on as New Business B if it does go to auction. Motion Chair Grant passed the gavel and so moved. Board Member Katz seconded the motion. The motion unanimously passed. 15. New Business A. Discussion Regarding 407 NE 1st Street Chair Grant disclosed the owner was a former client and former neighbor of his and he does not currently represent him in any legal matter. The former CRA Executive Director wanted to offer money for the above property. Mr. Simon explained the property has an aged wooden structure. Appraisal was done as the owner was interested in selling it and approached the CRA about it. It is not an opportunity buy, but from an overall district improvement perspective it was good. It is a good-sized lot, but it needs the lot next to it to be of use. The property appraised for $268K, but Mr. Simon did not make an offer. The subject property did not abut any other CRA property. The owner was satisfied with the appraised value. Board Member Hay supported acquiring it when they can. Board 20 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 'IT r-1 M 0 cs cs cs cs cs 6 00 r, Cl) 0 0 Ln 0 0 0 Ln I Ln 11�. O�. 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COMMUNITY R I T AGENCY 12-MONTH RENT REIMBURSEMENT INFORMATION Business Name (include any d/b/a): Address: Applicant Name: Original Grant Approval Date: Total 12-Month Grant Award: $ Rent Reimbursement Commencement Date: Rent Reimbursement Completion Date: Amount Received to Date: $ ADDITIONAL 6-MONTH RENT REIMBURSEMENT EXTENSIONREQUEST 6-Month Reimbursement Requested Months: 6-Month Grant Request: Current Lease Expiration Date: Are there any changes to the business _Yes, If so explain below changes below since the original application date (i.e. change in ownership, staffing, lease _No terms) Please provide supportive information and/or reasons for your request (use additional pages as needed): 1� s- n BOYIN, mmBEACH "� ,"'CR-A COMMUNITY RED EVELORMENTACE Applicant's Signature: Date of Request: FOR OFFICE USE ONLY: Anticipated CRA Board Meeting Date: Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 10, 2021 Vote The motion passed unanimously. F. Consideration of the Economic Development Grant Program Guidelines and Applications for FY 2021-2022 (Tabled 7/13/21) Motion Vice Chair Hay moved to remove the item from the table. Board Member Romelus seconded the motion. The motion passed unanimously. Ms. Nicklien explained after reviewing the program, staff requested clarification regarding the eligibility of offsite cleaners or laundromats. Currently, the use is not classified as either eligible or ineligible for funding assistance. If the Board wants to consider the use as a Tier II business, the business would be eligible for 50% of their monthly base rent up to $1,250 a month or whichever is less. Additionally, due to priority projects discussed tonight, staff needs direction the ability of a business to request an additional six-month extension at the completion of their first 12 months of business. This year, approved recipients could request the additional six-month extension by providing an outline of their first year of business rents, thereby having the total rent reimbursement period be 18 months. Staff recommends limiting the extensions.to a 12-month period to help more businesses. There were no changes for the Commercial Property Improvement Grant programs. Chair Grant thought laundromats and dry cleaners was part of Tier III, but learned under the rent grant, there are only two tiers for new laundromats coming in. These would be for coin operated laundry and dry cleaners. Motion Board Member Romelus moved to approve them being a Tier II business. Board Member Katz seconded the motion. The motion passed unanimously. Motion Board Member Romelus moved rent reimbursements will return to a 12-month only program. Vice Chair Hay seconded the motion. The motion passed unanimously. Motion Board Member Romelus moved to adopt the changes to the guidelines for the Economic Development Grant program the Board previously mentioned. Board Member Penserga seconded the motion. The motion passed unanimously. G. Discussion and Consideration of the Interim Executive Director of the CRA 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 10, 2021 Mr. Simon explained they were asked to bring back information for consideration of elevating Ms. Shutt to Interim Executive Director as his replacement as Executive Director. If the Board supports her, they can bring back a contract at the next meeting. If making Ms. Shutt interim director immediately, the motion could be pursuant to the same terms and conditions as Mr. Simon's contract. They could then bring the contract back to the Board at the next meeting. Board Member Katz favored option 1, to name Ms. Shutt officially as Interim Director and direct Counsel to bring back a contract agreement. He thought when there is talent in the house, unless you have a reason not to support the person, there is no need to go outside. He thought Ms. Shutt was supremely qualified and supported not reducing her salary as she would receive the same pay and benefits as Mr. Simon, based on negotiations. Chair Grant asked for a Motion to approve Option 1. Motion Vice Chair Hay so moved. Board Member Romelus seconded the motion. Ms. Shutt thanked all and advised she had the best mentor and best staff. The motion passed unanimously. Attorney Duhy asked if she should be moved immediately up to the contract terms Mr. Simon has in the position of Interim Director and learned she would. 17. New Business A. Consideration of Award and Contract for Responses to the Request for Qualifications and Proposals for the Management of the Boynton Harbor Marina Theresa Utterback, Development Services Manager, presented the item. The current contract with Waypoint is due to expire October 1, 2021. They issued an RFP/RFQ on June 17, 2021. Responses were due July 20th. Three responses were received and are listed. Staff reviewed the responses, and a sufficiency checklist was provided. She also provided clarification on the fee structure. Staff weighed in on the fee structures and with their experience, ranked Waypoint first, Oasis as the second choice, and Mathew Spain as the third choice. If using Waypoint, based on their experience and him running the Marina, fuel dock and the tenants, he did an excellent job. His annual fees were the least out of the three. Chair Grant asked for a motion to approve the recommendation of CRA staff. 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 10, 2021 Motion Board Member Katz moved to approve. Board Member Romelus seconded the motion Jan Volker, 421 S. Lakeside Drive, has been involved in Palm Beach County dive tourism for over 20 years. He announced management has been doing an excellent job with the Marina, but there is an issue with dive tourism there, as there are arbitrary rules regarding no more than 15 minutes for loading and unloading of dive tanks and gear. The dive boats are not in anyone's way when moving tanks from the truck to the boats, but they need more time and it endangers the safety of the divers. Divers are getting resentful they are rushed out. He advised the divers are very affluent people that spend a lot of money in restaurants and the area. He suggested changing the arbitrary rules to a 45-minute period or investigate the matter as there is no problem with traffic. Mr. Volker advised this usually takes place in the morning, and it does not restrict anyone. He thought it was something no one thought about before and now might be a good time to think about it. Mr. Volker was not a Marina tenant, but was speaking for Splashdown Divers. Chair Grant thought 30 minutes might be safer and then get a report next year to see if additional time is needed. Mr. Simon explained this has been ongoing since the slips were renovated. There is a complication of life on the docks with captains getting extra time. He thought the Board could allow the dockmaster more time for this issue. The CRA does not get complaints, on a regular basis, that the dockmaster is running them off, but there is an ongoing effort to keep the Captains and tenants that for years would fight the decision to move their own vehicles out of the loading and unloading area. Staff has done all kinds of studies to justify the decisions they make, but the Marina was redesigned. This is the first time an issue is being brought to the Board. He thought Mr. Smith would be happy to be flexible. Half an hour to load and unload only, then move to a secure parking space. Chair Grant commented they can discuss changing the sign to 30 minutes for loading and unloading only and giving Mr. Smith the flexibility and report back in 30 days at the next meeting. Board Member Katz agreed. Mr. Smith runs the Marina and can report back. (Board Member Romelus left the dais at 8:07 p.m.) Dave Collin, owner of Splashdown Divers, advised he has been there for 40 years and no one has complained about the parking before. He tests the tanks to supply the proper ratio of gas. He cannot do it in 15 minutes and he has informed Mr. Smith. Mr. Simon explained Mr. Collin was conducting another type of business from the back of his truck. It is not necessarily divers being shewed away by the manager. If there is an unusual business need that needs to be adjusted for, the tenant should make the request. He is there at 7:30 in the morning and brought this to Mr. Smith's attention Brian Smith, Dockmaster, explained with parking, the contract specifies 15 minutes. He suggested they try 30 minutes for the divers. The other boats may not need as much 17 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 OLD BUSINESS AGENDAITEM: 12.G. SUBJECT: Discussion and Consideration of a Draft RFP/RFQ for the CRA-owned Property located at 401- 411 E. Boynton Beach Boulevard SUMMARY: On June 14, 2022, the CRA Board directed staff to draft a Request for Proposal/Request for Qualifications (RFP/RFQ) (see Attachment 1) in accordance with the Letter of Intent (LOI) from the U.S. Postal Service (USPS) and bring it back for CRA Board discussion. In addition to the standard requirements (e.g. financial capability and experience of the proposers, local hiring, proposal submittal timelines, etc.), elements to consider when formulating the project components and evaluation criteria listed in the redevelopment of the 401 - 411 E. Boynton Beach Boulevard properties include but are not limited to the following (see Attachments I I & 111): • Creation of a new retail post office approximately two thousand nine hundred forty-four (2,944) gross square feet with a thirty foot (30') loading dock; • Consideration of incorporating adjacent properties into the overall project; • Incorporation of a reverter clauses associated with CRA owned parcels; • Incorporation of first-right-of refusal clauses associated with CRA owned parcels; • Incorporation of terms for adherence to development timelines and property exchanges; • Experience in completing comparable development projects within markets similar to the project area as the proposing team; • Proposer's financial terms, purchase price, and development and operating proforma; • Proposer's financial capacity to complete the proposed project; and, • Proposed plan or program (including monitoring mechanisms) to engage local contractors, sub-contractors, and laborers in the project as well as apprenticeship programs. PROPOSED SCHEDULE RFP/RFQ: • RFP Approval by CRA Board (subject to legal review): September 13, 2022 • Issue Date of RFP/RFQ: September 30, 2022 • Voluntary Pre-Submission Meeting: October 18, 2022 • Question/Request for Clarification Deadline: October 31, 2022 • Submittal Deadline: November 29, 2022 • Presentation to BBCRA Board: January 10, 2022 • Draft Purchase and Development (P&D)Agreement: March 14, 2023 • CRAB Review of P&D Agreement April 7, 2023 • BBCRA Board Approval P&D Agreement: May 9, 2023 The USPS will also be providing additional design documents to be included with the final 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 June 3, 2022, the CRA received a Letter of Intent from the U.S. Postal Service (USPS) (see Attachment III). 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 proposed the CRA issue a Request for Proposals (RFP) to qualified parties to purchase the CRA-owned parcels and construct a freestanding building which the USPS will lease on a long term basis. The construction would include a 3,490 square foot retail post office with 22 parking spaces. The lease would be 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. FISCAL IMPACT: To be determined by the CRA Board. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the RFP/RFQ for the CRA-owned property located at 401-411 E. Boynton Beach Boulevard and issue subject to USPS and final CRA legal review. 2. Do not approve RFP/RFQ for the CRA-owned property located at 401-411 E. Boynton Beach Boulevard. 3. Alternate determination based on CRA Board discussion and consideration. ATTACHMENTS: Description D Attachment I - Draft RFP D Attachment II - Property Location Map D Attachment III - Letter of Intent from U.S. Postal Service BEACH OYITO ,B "' CRA r COMMUNITY DEQ O ENT AGENCY BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS AND DEVELOPER QUALIFICATIONS United States Postal Service Boynton Beach Downtown Station Project Location: 401, 407 & 411 E. Boynton Beach Boulevard Issue Date: September 30, 2022 Submittal Deadline: November 29, 2022, no later than 2:00 p.m. The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing this Request for Proposals and Developer Qualifications (RFP/RFQ) for the acquisition and redevelopment of the project site located at 401, 407 & 411 E. Boynton Beach Boulevard, Boynton Beach, Florida; as referenced and identified on Attachment "A," Aerial Map/Parcel Map, and hereinafter collectively referred as the "Project Site." The BBCRA will accept"sealed proposals at its office located in City Hall at 100 E. Ocean Avenue, 4" floor, Boynton Beach, FL 33435 ON OR BEFORE November 29, 2022, no later than 2:00 p.m. Eastern Standard Time (EST), as determined by the time stamp or clock at the BBCRA's reception area. Responses to this RFP/RFQ("Proposals") received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. All Proposals will be date and time stamped by the BBCRA. Faxed or emailed Proposals will not be accepted. The RFP/RFQ documents, including all related attachments, must be obtained from the BBCRA office or website at www. oynonbeachcra.com (Select RFPs/RFQs/ITBs from the Business & Development top drop down menu). 1. Property Disposal and Project Description This RFP/RFQ is being issued for a project known as the United States Postal Service Boynton Beach Downtown Station Project(the"Project"), and is seeking Proposals for the acquisition and redevelopment of a BBCRA-owned property located as described in Attachment "A," Aerial Map/Parcel Map (the "Project Site"). Due to redevelopment of the existing Downtown Station post office, the United States Postal Service (USPS) is relocating its retail operations to 401, 407 01783717-1 Page 1 of 33 &411 E. Boynton Beach Boulevard, Boynton Beach, FL 33435, a property owned by the Boynton Beach Community Redevelopment Agency. USPS is unable to purchase the land directly and is looking for a developer to purchase the land and construct a new retail post office with a loading dock and parking lot. The Project Site is approximately .383 acres and it is currently zoned C-3 (Community Commercial) with a Local Retail Commercial (LRC) Future Land Use Classification. The property is located within the Boynton Beach Boulevard District, which is described in the 2016 BBCRA Community Redevelopment Plan (the "BBCRA Plan"). The BBCRA Plan may accessed online at https://www.boyntonbeachcra.com/home/showublisheddocument/14/637296289931970000 (see pages 55-70). It carries a recommended Future Land Use of Mixed-Use Medium with a corresponding Zoning designation of Mixed-Use Core. The recommended land use and zoning designations provide for a density of forty(40) units per acre with a maximum allowable building height of seventy-five feet (75'). Under defined circumstances,, allowable density may be increased by twenty-five percent (25%) if a proposed development meets certain requirements under the City of Boynton Beach's Workforce HousingOrdinance. It is the responsibility of each proposer to review the City of Boynton Beach Land Development Regulations, and applicable site plan and design guidelines and limitations. Additionally, the Project Site is located within the designated Transit Oriented Development (TOD) and Transportation Concurrency Exemption Area (TCEA) of the City of Boynton Beach and is also located in the PBC Qualified Opportunity Zone. PBC Qualified Opportunity Zone information may be obtained online at http://maps.co.palm- beach.fl.us/cwgis/?app= c interactive. All Proposals and Projects must be in conformance with and in furtherance of the BBCRA Plan. The BBCRA Plan may be accessed on the BBCRA website: www.boyntonbeachcra.com. 2. Community and Economic Setting The City of Boynton Beach (City), with a population of eighty thousand (80,000), is the third largest city in Palm Beach County, Florida. It is located approximately forty-five (45) miles north of Miami and fifteen (15) miles south of West Palm Beach. This puts it in the heart of southeast Florida's rapidly growing tri-county Miami-Dade/Broward/Palm Beach metropolitan area. Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 (I-95)and the Florida Turnpike. It also has a market of more than six (6) million people within a two-hour radius and ready access to three international airports, two major rail lines, as well as the Tri-Rail regional commuter rail system. 3. Survey and Appraisal An aerial boundary and parcel map along with a copy of the property survey are included with this RFP-RFQ as Attachments "A," Aerial Map/Parcel Map and "B," Survey of BBCRA Owned 01783717-1 Page 2 of 33 Properties. All appraisals and surveys of the subject properties that make up the Project Site are available in electronic form on the BBCRA's website, https://www.boyntonbeachcra.com/business-development/rfps-rfgs-itbs. Proposers should not rely solely on the information in the appraisal when compiling the financial components of a Proposal. The appraised value of the BBCRA properties should be considered by proposer(s) in the offering price and request for BBCRA incentives. 4. Palm Beach County Impact Fees Development of the property will be subject to Palm Beach County Impact Fees. Please contact the Planning, Zoning and Building Administration Division of Palm Beach County for specific information regarding impact fees applicable to the Project, or go to https://discover.pbcgov.org/pzb/administration/Pages/Impact-Fees.aspx to download relevant information. 5. Incentives for the Project Under Chapter 163, Florida Statutes, the BBCRA is empowered to encourage and incentivize redevelopment within the BBCRA Redevelopment Area consistent with the BBCRA Plan. The BBCRA is committed to meeting the goals and objectives of the BBCRA Plan and will support the Project with policies and may, at the sole discretion of the Board, consider providing Tax Increment Revenue (TIR) funding subject to negotiated terms and conditions. 6. Pre-Submission Meeting A voluntary in-person pre-submission meeting has been scheduled for October 18, 2022 at 4:00 p.m. (EST) in Commission Chambers in City Hall, located at 100 E. Ocean Avenue. The meeting is an opportunity for proposers to ask City and BBCRA staff questions about the Project. 7. Proposer Registration All entities interested in responding to this RFP/RFQ must register with the BBCRA via email by providing their name, address, telephone number, and an email address to Mr. Timothy Tack, BBCRA Assistant Director, at TackT@bbfl.us. Any information concerning addenda, changes, additions, clarifications, notices, and other topics related to this RFP/RFQ will be sent to registered proposers using the registration information provided. 8. Additional Information After the Proposals are received by the BBCRA, the BBCRA may make requests to proposers for clarifications,assurances,orfor other details including, but not limited to,financial and disclosure data relating to the Proposal or proposer (including all affiliates, officers, directors, partners and employees). Any inquiries of a general nature applicable to all proposers will be directed to all proposers. Following submission of a Proposal, the proposer agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure 01783717-1 Page 3 of 33 data relating to the Proposal and/or the proposer (including the proposer's affiliates, officers, directors, partners and employees), as requested by the BBCRA. 9. Architectural and Design Requirements The Project should incorporate quality architectural design and site development standards that enhance the downtown area and adjacent properties. Proposers should review the BBCRA Plan for Project development and design guidance. Proposals will be evaluated on their adherence and incorporation of architectural and design elements presented in the BBCRA Plan and the City of Boynton Beach Land Development Regulations. At minimum, the Proposals shall include the following requirements: a. Creation of a new retail post office approximately two thousand nine hundred forty-four (2,944)gross square feet with a thirty foot (30'). loading dock. See Attachment "C", USPS Requirements for additional requirements. b. Parking Lot with the amount of parking spaces required for the development. 10. Required Elements of Proposals. Proposals must contain all of the following documents and information in order to be deemed complete. Proposals not deemed complete may be rejected. Attachment "D" contains a checklist to help proposers ensure Proposals are complete. a. Provide a general written statement describing the qualifications and background of the proposer including any financial (including equity) partner. b. Provide a completed Attachment "E", Proposer(s) Information. c. Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. d. An acknowledgement letter attesting that the proposer has read and understands all procedures and requirements of this RFP/RFQ. e. Provide a list of proposer's key personnel that will be directly involved in proposed Project's development or management team, along with their professional qualifications, and a list of similar projects on which they have actively participated. Provide no less than three and no more than ten related projects for this item. f. Provide a written list of similar projects developed by the proposer, or companies controlled by its principals, and proposer's team that were completed within the last ten (10)years, including photographs, project addresses,client contact information,dates the projects were completed, and general project description. For projects that are public- 01783717-1 Page 4 of 33 private partnerships, list the public partner and their contact information including name, title, address, email, and phone numbers. Provide no less than two (2) and no more than ten (10) projects for this item. If the proposer is comprised of more than one entity in a joint venture or partnership, each entity must provide the information requested separately. For joint ventures, development and equity partners, the proposer must summarize the actual or proposed amount of financial participation and control of each party within the partnership. If the entity is a subsidiary of, or otherwise affiliated with another organization, the proposer shall indicate such relationship. The proposer shall also list all proposed anchor tenants, in addition to the USPS and, if known at the time of submission, any third-party operators of the development. The proposer shall include the name and a description of the legal entity that would serve as the developer and be party to the Purchase and+Development Agreement with the BBCRA. The proposer shall also provide the ;names and addresses of all persons and entities having a financial interest, mortgagee(s), or guarantor(s) in the proposed development and their roles in the Project and the proposing entity. For joint ventures, the proposer must summarize the actual or proposed amount of financial participation and control of each party within the partnership. If the entity is a subsidiary of, or otherwise affiliated with another organization, the proposer shall indicate such relationship. The proposer shall also .list all proposed anchor tenants and third-party operators of the development if known. g. Provide a brief profile for each member of the development team other than the proposing developer,as well as the resumes of the key personnel who would be assigned to the Project. The proposer shall also identify any prior relations with the BBCRA for each individual team member or firm, members of its Board or its officers. The BBCRA reserves the right, in its sole discretion, to request additional information from any member of the development team to determine potential conflicts of interest and to limit or prohibit the participation of any team member or firm due to such conflict. h. State whether the proposed Project is confined to the property offered by the BBCRA or if it utilizes adjacent property. If the latter, specify the location, size, use, level of control/commitment of such adjacent property to be included in the proposer's Project and provide documentation evidencing site control or contractual commitment. If adjacent properties intended to be included in the Project are not under the proposer's control, the Proposal should include: (1) A base proposed concept assuming only the offered BBCRA property; and, (2) a proposed concept assuming the inclusion of the additional adjacent property. If the proposer wishes to propose variances from or 01783717-1 Page 5 of 33 changes to the requirements of the Land Development Regulations or the City's Comprehensive Plan, the Proposal should include: (1) A base proposed concept without the proposed variances or changes; and, (2) a proposed concept with the proposed variances or changes. i. Provide a Construction Staging and Sequencing Plan including nature and timing of on- and off-site impacts. Vehicular and Pedestrian Traffic Analysis and Plan for the proposed development demonstrating the proposed Project would not cause unreasonably negative traffic impacts in the context of the Downtown District environment, and any modifications or improvements required to mitigate such impacts to maintain the integrity of the downtown traffic system, which, subject to City approval, would be the responsibility of the developer to fund as part of the Project. j. Provide a detailed description of the proposed 'Project,„with text, tabulations and graphics.This should include but it is not limited to a schematic site layout plan; proposed density, intensity, and height; parking locations and allocation per project component; a breakdown of the proposed total number of residential units and unit types, including number of bedrooms and bathrooms, and square footage for each unit type, whether condo or rental, and level of affordability, nature and square footage of commercial components, total gross building area (not including unenclosed/outdoor areas) and net rentable or salable area per project component (number of units, parking spaces, square footages should be provided per level as well as in total), conceptual elevations, as well as the information indicating compliance with the objectives and requirements of the plan and requirements specified in Paragraph 9, "Architectural and Design Requirements." k. Provide a proforma financial analysis including a development budget with a detailed breakdown of all Project pre-development costs, other soft and financing costs, property acquisition from the.BBCRA (and others if additional properties are included in the Proposal), construction and other hard costs and post-construction period sales or other development costs, a' sources and uses statement clearly identifying the sources and amounts and terms of all of the proposed debt and equity funding sources to pay for the Project, an operating cash flow detailing projected gross income, expenses, debt service and net cash flow, broken out by project component, for the development period and at least ten years of operation beginning upon Project completion for a rental project/component(s) and through sell-out for a condominium project/component(s). Include a breakdown of the amount and terms of any proposed funding assistance being requested of the BBCRA, if applicable, and how those funds will be used when combined with other funding sources. A proposer may submit the requested breakdown 01783717-1 Page 6 of 33 information under a format of their own choosing but must also complete the Proposed Project Funding Uses and Sources Information form provided as Attachment "F". If the Project is to be developed in more than one phase, clearly present the above information for each independent phase as well as in aggregate for total project. Provide assumptions and bases for the analysis including comparables and/or other support for estimated rental rates, sales prices, costs, expenses and other elements of analysis. I. If the Project is proposed to use funding subsidies from the BBCRA or other qualified entities, proposer must provide a list of those entities and demonstrate experience with obtaining such project-based subsidies for workforce housing by listing projects and the amount and type of subsidy utilized or other information that would support proposer's ability to secure such financing. m. Provide a description of how the proposer will make attempts to utilize local qualified contractors, and sub-contractors, and laborers in the proposed Project as well as pre- apprenticeship or apprenticeship training. Documentation of this effort will be required as part of the Project monitoring. n. Provide proof of financial capability to complete the proposed Project. Financial capability will be demonstrated by submitting a current (audited, if available) financial statement of the proposing entity, or underlying entity if proposing entity was recently created, which includes a balance sheet, a three-year statement of past income, and a projected one-year income statement for the current fiscal year for the proposer (and its parent entity if proposer is a subsidiary). In lieu of the above,the proposer shall submit third party evidence of the ability to secure financing in the form of a preliminary financing commitment letter or letter of interest from a lendinginstitution or other primary source of debt or other financing. A firm financing commitment from alending institution or other source of investment financing will be required prior to the closing of the sale of the Project Site, or as otherwise stipulated in negotiated Agreement between the successful proposer and the BBCRA. Information regarding any legal or administrative actions, past or pending, that might impact the capacity of the proposer(or its principals or affiliates) to complete the Project must be disclosed. Disclosure of any bankruptcies by any of the above or related entities during the past ten (10) years must be made with the RFP/RFQ. Financial information should be submitted in a separate, sealed envelope or package and marked 'confidential.' Financial information will be accepted only from the proposer as part of the submission packet and will not be accepted if it is submitted directly to the BBCRA by an outside entity or institution. 01783717-1 Page 7 of 33 o. A signed written statement of intent to purchase the Project Site indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection if selected. Any Purchase and Development Agreement("Agreement") will contain performance-based criteria and milestone timelines for items such as, securing debt funding, formal site plan application, commencement of construction, limitations on transferability or assignability of the Agreement without prior approval from the BBCRA, termination provisions for failure to meet the criteria listed and other provisions to adequately define the rights, duties and obligations of the parties. The Agreement may also contain a reverter clause. p. Provide authorization to perform a credit check for each proposer or business entity. The authorization form must be executed by the appropriate officer of proposer entity (see Attachments "G" and "G.i." Disclosure and Authorization to Perform Credit Check forms). q. A list of all civil and criminal legal actions in which each proposer entity (and its parent entity if it is a subsidiary) is currently a named party or was a named party in the past four (4) years, providing the case number, ;case description,;the state of jurisdiction, and disposition (or status) of each case. Proposer(s) may include any additional relevant information. If there are no legal actions to disclose,provide a written statement attesting to this fact. r. Provide a statement as to whether the proposer is in arrears of any taxes or other financial obligations to the BBCRA, City, or any other(municipal or state entities. Proposer(s) may include additional relevant information. If there are no arrears of any taxes or other financial obligations to disclose, provide a written statement attesting to this fact. s. Provide a PowerPoint presentation of the Proposal, consisting of no more than fifteen (15) slides with maximum of three (3) slides dedicated to proposer's past history and experience information. All remaining slides will focus on description of the development of the proposed Project (e.g. site, program, design, construction, development cost, schedule, financing, proposed acquisition terms, estimated absorption rates and sales/leasing/operations). t. Provide executed form verifying that the proposer has met with City of Boynton Beach Planning and Development Department staff to review the Land Development Regulation requirements and development review processes applicable to the proposed Project (see Attachment "H," City of Boynton Beach Planning and Development Department Meeting Verification Form). 01783717-1 Page 8 of 33 u. All other requirements contained in this RFP/RFQ, including all attachments that request a response or information from the proposer. v. An acknowledgement letter attesting that the proposer has read and understands all procedures and requirements of this RFP/RFQ (see Attachment "I," Acknowledgement Letter). 11. Submittal Requirements. a. Location and Deadline. Proposals must be received by the BBCRA at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 on or before November 29, 2022, no later than 2:00 p.m. Eastern Standard Time (the "Deadline"), as determined,by the time stamp or clock at the BBCRA's reception area set up on the 1st Floor Lobby. Proposals received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. Proposers may withdraw submitted Proposals and resubmit at any time prior to the Deadline. b. Form and Number of Copies. Proposals must be delivered in a sealed box or envelope. Faxed and emailed Proposals will not be accepted. In total, one (1) bound original Proposal document must be submitted with a title page listing the name of the RFP/RFQ and the submitting proposer along with one(1) unbound but clipped copy of the complete Proposal and one (1) digital copy of the complete Proposal in PDF format on a labeled CD/DVD or thumb drive. Proposals shall be clearly marked on the outside of the envelope or delivery box container as follows: Request for Proposals and Developer Qualifications for the United States Postal ServiceBoynton Beach Downtown Station Project Boynton Beach Community Redevelopment Agency City of Boynton Beach, Florida Issue Date: September 30, 2022 Submittal Deadline: November 29, 2022, no later than 2:00 p.m. (EST) c. Completeness. All Proposals must be complete upon submittal to the BBCRA. d. Signature. The Proposal, and any documents submitted with the Proposal that require a signature, must be signed by an individual authorized by proposer to legally bind and represent proposer. e. Failure to Meet Submittal Requirements. The failure to meet the Deadline, submit a Proposal that complies with the form and number of copies requirements, or submit a complete Proposal may result in the Proposal being rejected and returned at the sole discretion of the BBCRA. 01783717-1 Page 9 of 33 f. Proposal validity. Proposals shall remain valid and binding on proposers for one hundred eighty (180) days after the submittal date. 12. RFP/RFQ Documents. The following planning and site documents are incorporated as part of this RFP/RFQ and may be obtained from the BBCRA office or https://www.boyntonbeachcra.com/business® development/rfps-rfgs-itbs. • Aerial Map/Parcel Map of 401, 407 & 411 E. Boynton Beach Boulevard (see Attachment "A") • Survey of BBCRA Owned Properties (see Attachment "B") • Development Proposal for USPS Requirements (see Attachment "C") • Appraisal • Phase I Environmental Report • 2016 Boynton Beach Community Redevelopment Plan In addition, all proposers are encouraged to walk the Project Site and will be assumed to have performed all necessary inspections on the property. 13. RFP/RFQ Proposal Evaluation and Selection:Process. The BBCRA staff shall review each Proposal and make a determination as to whether each Proposal meets the minimum submission requirements for review, including whether the Proposal is complete, and whether it fully complies with the terms and conditions outlined in this RFP/RFQ. A proposer's failure to provide a substantially complete RFP/RFQ response submission may result in the submission not being evaluated. The BBCRA may request clarification of submitted information from any proposer. The confidentiality of proprietary information from competing proposers shall be maintained to the extent permitted by law. In addition to meeting the minimum requirements of this RFP/RFQ as described in Paragraphs 9 and 10, each Proposal will be evaluated based on the information provided and on the following criteria, which are listed below in order of importance. As noted below, adequate capability to successfully undertake:the proposed Project is a minimum standard which shall be met before any other criterion is considered. a. Capability of the Proposer and Development Team. The primary focus of the evaluation shall be on the experience, qualifications, and financial capacity of the proposer (and financial partner, if any is identified and to the extent firmly committed) considering: the proposer's track record of securing financing for (or self-financing) and developing projects of comparable nature and comparable or greater scale and of high quality in terms of their use and architecture; evidence of financing relationships and interest in the proposed Project; other information indicating the proposer's financial capacity which it 01783717-1 Page 10 of 33 chooses to provide at this stage;the proposer's reputation in the industry for competence and integrity; and successful completion of public-private development experience, if any. The capability and track record for high quality design of the architect/design team will also be considered. Note that if a proposer's qualifications and financial capacity are not considered adequate to successfully undertake the Project,the proposer will not be considered no matter what the Proposal's merits are on other criteria. Adequacy of qualifications, relative qualifications, and capacity will be considered comparative criteria weighed along with the other criteria. b. Likelihood of Feasibility. The likelihood of the proposedProject being feasible in a reasonable timeframe, considering: (1) The thoroughness and convincing nature of the proposer's analyses, assumptions,and strategies, including: the market, development/construction, financing, operating, and other elements of the Proposal; (2) Financing commitments, if any; (3) Extent of control of any additional properties proposed to be included in the Project; (4) Implementation schedule; and, (5) Conditions and contingencies for realizing the project such as financing, market/pre- leasing, and regulatory/approvals, and how likely these are to be achieved. c. Financial Return/Effect to BBCRA. This criterion will be evaluated for the value of the proposed sale terms, any subsidy requested from the BBCRA, as well as real estate taxes and any other direct or other clearly identifiable revenues to the BBCRA that would be generated by the project, along with consideration of the timing and likelihood of receiving these revenues and any such other direct values or costs that the BBCRA in its discretion considers relevant and can reasonably be evaluated. (It should be noted that, although revenuegenerated by the project is an important evaluation criterion, the BBCRA is not obligated to select or negotiate with the proposer who proposes the highest financial return to the BBCRA.) d. Fulfilment of the CRA's requirements and objectives for the Project as stated in Paragraph 1. This would include the operational efficiency, aesthetic quality, and the amenities of the Project. The proposed Project's ability to contribute to the vitality, amenity, and economic activity of and in the Downtown District; have a high-quality architecture and aesthetic appeal; initiatives beyond what is required and/or that are unique solutions; and the inclusion of adjacent properties to the extent that it will improve the overall quality of the proposed development; will be considered. e. Proposed plan or program to use local contractors, sub-contractors, and laborers in the Project. The plan or program shall include pre-apprenticeship or apprenticeship training and monitoring mechanisms. 01783717-1 Page 11 of 33 After the BBCRA staff reviews the proposals for completeness and evaluates the proposals based on the criteria above, the BBCRA staff will present the results of the review and evaluation process to the BBCRA Board at a public meeting. The proposers will present their proposals and their PowerPoint slide presentations before the BBCRA Board at their regular scheduled meetings in the City Commission Chambers at City Hall located at 100 E. Ocean Avenue. In the selection of the successful proposer (if any), the BBCRA Board will consider all proposals that meet the minimum submission requirements for review,the BBCRA staff review, the BBCRA Advisory Board recommendation, and/or any other relevant data. At the conclusion of the public presentations, a proposer may be selected by the BBCRA Board. However, the BBCRA Board is under no obligation to select a proposer regardless of their ranking,and can, at its sole discretion, opt to terminate the RFP/RFQ process or continue the process to a subsequent meeting. The existence of a contractual relationship between a proposer and the BBCRA is contingent upon successful negotiations between the BBCRA and a selected proposer, and execution of an agreement by both parties. Therefore, upon selection of a successful proposer, the BBCRA and the successful proposer will then enter into negotiations for_a Purchase and Development Agreement that will contain terms substantially similar to those contained in the successful proposal and this RFP/RFQ. L Any Purchase and Development Agreement must be in a form approved by the BBCRA Board and BBCRA legal counsel. ii. If the BBCRA and the successful proposer are not able to agree upon a Purchase and Development Agreement satisfactory to both parties within ninety (90) days of the selection of the successful proposer, proposer shall have the right to terminate the negotiations. The BBCRA may terminate negotiations at any time for any reason. iii. If the BBCRA sends an agreed-upon Purchase and Development Agreement, or sends a Purchase and Development Agreement with a communication that informs the proposer that the agreement constitutes the BBCRA's final offer, and proposer fails to return an executed copy of the provided Purchase and Development Agreement within 30 days of receipt of such agreement from the BBCRA, the negotiations are deemed terminated unless the BBCRA explicitly extends the deadline in writing. iv. The BBCRA may withdraw its offer of agreement, including a final offer, at any time prior to acceptance of such agreement. Upon termination of negotiations or withdrawal of offer of agreement, the BBCRA may move forward as it deems appropriate, which may include entering into negotiations with another proposer, re-advertising the RFP/RFQ, electing to terminate the RFP/RFQ process, or any other action it deems to be in the best interest of the BBCRA. 01783717-1 Page 12 of 33 Any transfer of the property from the BBCRA to a proposer for less than market value will be subject to approval of the City of Boynton Beach City Commission. Other proposals may be subject to approval of the City of Boynton Beach City Commission. 14. Tentative Schedule. The following tentative schedule is anticipated for actions related to this RFP/RFQ. All dates, times, and locations are subject to change. All changes will be posted to the BBCRA's website at www.boyntonbeachcra.com. RFP Approval by CRA Board (subject to legal review): September 13, 2022 Issue Date of RFP/RFQ: September 30, 2022 Voluntary Pre-Submission Meeting: October 18, 2022 Question/Request for Clarification Deadline: October 31, 2022 Submittal Deadline: November 29, 2022 Presentation to BBCRA Board: January 10, 2022 Draft Purchase and Development (P&D)Agreement: March 14, 2023 CRAB Review of P&D Agreement April 7, 2023 BBCRA Board Approval P&D Agreement: May 9, 2023 (Note: Dates above subject to change—registered interested parties will be notified by email of changes, if any.) 15. Contact and Questions a. Contact Information. All correspondence,, questions, and requests for clarifications related to this RFP/RFQ must be directed to the person designated as the procurement officer for this RFP/R;FQ: Timothy Tack, Assistant Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue 4th Floor Boynton Beach, Florida 33435 Phone:(561) 600-9091 Fax: (561) 737-3258 Email: TackTUa bbfl.us b. Form of Contact; Answers in the Form of Addenda. All correspondence, questions, and requests must be submitted in writing via email to the person identified above and may be submitted at any time but no later than October 31, 2022. All answers to questions, clarifications, and interpretations will be issued in the form of an addenda, which becomes a part of this RFP/RFQ.The proposer must acknowledge receipt of each addenda by completing the Addenda Acknowledgement Form and including it with the submitted 01783717-1 Page 13 of 33 Proposal (see Attachment "1"). It is the responsibility of all proposers to obtain, review and respond to any and all addenda issued. Oral explanations, information, and instructions shall not be considered binding on the BBCRA. All proposers are encouraged to independently verify the accuracy of any information provided. Neither the BBCRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any proposer, or to any assumptions made by proposer. Written responses to all written questions submitted shall be maintained by the BBCRA in the RFP/RFQ file. c. Limitations on Communications; Cone of Silence; No Lobbying. Proposer or persons acting on proposer's behalf may not contact, between the release of the solicitation and the end of the seventy-two (72) hour period following the BBCRA posting the notice of intended award (excluding Saturdays, Sundays, and state holidays), any employee, officer, or Board Member of the BBCRA concerning any aspect of this RFP/RFQ, except in writing to the procurement officer or as provided in the RFP/RFP documents. Violation of this provision may be grounds for rejecting a Proposal. Further, during the same time period, proposer or persons acting on proposer's behalf may not contact any BBCRA Advisory Board Member, or any other person working on behalf of the BBCRA on any matter related to this RFP/RFQ.` Communication prohibited by this RFP/RFQ, or by any other state, federal, or local law or regulation, may cause an` individual or firm to be disqualified immediately from participating in the Proposal or selection process. Any violation of this condition may result in rejection and/or disqualification of the proposer's Proposal. For purposes of this section, persons acting on proposer's behalf shall include, but not be limited to,the proposer's employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the proposer. This "Cone of Silence/No Lobbying" is in effect from the date of publication of the RFP/RFQ and shall terminate at 1) the time the BBCRA Board selects a proposer, rejects all Proposals,:or otherwise takes action which ends the solicitation process; or 2) at the end of the seventy-two (72) hour period following the BBCRA posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, whichever is later. 16. Disclosure and Disclaimer. Proposer understands and acknowledges that to the extent permitted by law, the BBCRA retains all rights, at its sole and absolute discretion, to: a. Withdraw this RFP/RFQ at anytime; b. Modify the schedule associated with this RFP/RFQ; c. Issue addenda to this RFP/RFQ; 01783717-1 Page 14 of 33 d. Request additional information, clarifications, or assurances from one or more proposers or prospective proposers; e. Reject any and all Proposals; f. Refrain from awarding an agreement as a result of this RFP/RFQ; g. Verify the accuracy of any information provided; h. Accept Proposals that deviate from this RFP/RFQ; L Disqualify or reject Proposals that are incomplete, untimely, or unclear; j. Re-advertise this RFP/RFQ and accept new Proposals; k. Obtain economic feasibility studies or third-party evaluations with regard to any part of any Proposal; I. Evaluate the Proposals through any process that complies with the BBCRA Procurement Policy, this RFP/RFQ, and applicable Florida Statutes, m. Select one or more successful Proposals or proposers it deems will be in the best interests of the BBCRA, regardless of which Proposal appears to offer the best monetary value to the BBCRA; n. Waive any required element or condition found in this RFP/RFQ for all Proposals or for a specific Proposal; o. Waive any formalities associated with this RFP/RFQ; p. Negotiate agreements, abandon or withdraw from negotiations, approve agreements, and take other similar actions as a result of this RFP/RFQ. Any proposer who submits a Proposal in response to this RFP/RFQ fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. In the event of any differences between this disclosure and disclaimer and the balance of the RFP/RFQ, the provisions of this disclosure and disclaimer shall govern. If proposer fails to fully comply with all requirements of this RFP/RFQ, proposer or proposer's Proposal may be disqualified. 17. Protests. The Bid Protest Policy is available upon request. Submittal of a Proposal in response to this RFP/RFQ constitutes acceptance of this policy. 18. Non-Discrimination. The selected proposer, on behalf of itself, its successors and its assigns, agrees that no person shall, on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation, be subjected to discrimination in any way that is associated with the RFP/RFQ, the BBCRA, the Proposal, any agreement resulting from this RFP/RFQ, or the Project. 19. Permits, Taxes, Licenses and Laws. The successful proposer will be required to pay for and/or obtain, at its own expense, all permits, licenses, fees, and taxes required, and to comply with all federal, state, and local laws, 01783717-1 Page 15 of 33 ordinances, rules, and regulations applicable to responding to this RFP/RFQ and carrying out the Project. 20. Sensitive and Proprietary Information. The BBCRA will maintain the confidentiality of sensitive and proprietary information to the extent permitted by law. The BBCRA will consider all other information, documentation and other materials submitted in response to this RFP/RFQ to be of non-confidential and/or non- proprietary in nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. If a proposer believes any portion of a proposal is exempt from public records disclosure, the proposer must identify the portion of the proposal it believes it is exempt, state the reason for exemption, and request the BBCRA exempt it from public records disclosure. The BBCRA will exempt potions of a proposal from public records disclosure only to the extent permitted by law. 21. Public Records. The BBCRA is public agency subject to Chapter 119, Florida Statutes.The successful proposer shall comply with Florida's Public Records Law. Specifically, the successful proposer shall: a. Keep and maintain public records:that ordinarily and necessarily would be required by the BBCRA in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the BBCRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and, d. Meet all requirements for retaining public records and transfer to the BBCRA, at no cost, all :public records in;,possession of the proposer upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the BBCRA in a format that is compatible with the information technology systems of the BBCRA. IF PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS RFP/RFQ CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 100 E. Ocean Avenue, Boynton Beach, Florida 33435, ShuttTt ,bb .us. 22. Public Entity Crimes Statement. 01783717-1 Page 16 of 33 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, , or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. In order to qualify for consideration under this RFP/RFQ, proposer must complete and attach Attachment "K" Public Entity Crimes Statement 23. Drug Free Workplace Certification Preference shall be given to proposer(s) with drug free work programs, under the standards described in Section 287.087, Florida Statutes. Whenever two (2) or more proposals that are equal with respect to price, quality and service are received by the BBCRA or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to receive such preference, the proposer shall complete and submit with its Proposal the attached certification, Attachment "L," Drug Free Workplace Certification. 24. E-Verify. In any agreement resulting from this RF'P/RFQ the proposer will be required to warrant, for itself and its subcontractors, compliance with all federal immigration laws and regulations that relate to their employees. Proposer agrees and acknowledges that the BBCRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 will apply to such an agreement. 25. Authorization for Release of Information Proposer consents to the BBCRA checking references and contacting prior stakeholders concerning past projects proposer has completed. Bidders must complete Attachment "M" Authorization for Release of Information. 26. Non-Scrutinized Entity By submitting a bid, bidder certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. Proposers must complete Attachment "N," Certification of Non-Scrutinized Entity. END OF MAIN DOCUMENT PROCEED TO ATTACHMENTS 01783717-1 Page 17 of 33 01783717-1 Page 18 of 33 LIST OF ATTACHMENTS: A. AERIAL MAP/PARCEL MAP B. SURVEY OF BBCRA OWNED PROPERTIES C. USPS REQUIREMENTS i. Requirement Overview ii. Facility Planning Concept Summary iii. Development Proposal iv. USPS Lease Form D. PROPOSAL CHECKLIST E. PROPOSER(S) INFORMATION F. PROPOSED PROJECT FUNDING USES AND SOURCES INFORMATION G. DISCLOSURE AND AUTHORIZATION TO PERFORM CREDIT CHECK (PRINCIPAL OWNERS) i. AUTHORIZATION TO PERFORM CREDIT CHECK (BUSINESS) H. CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT DEPARTMENT MEETING VERIFICATION FORM I. ACKNOWLEDGMENT LETTER J. ADDENDA ACKNOWLEDGEMENT K. PUBLIC ENTITY CRIMES STATEMENT L. CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM M. AUTHORIZATION FOR RELEASE OF INFORMATION N. 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Sales Date Price "'I" 1 i{ 1R,1 igS}1tr ,}tt3istkt �i FEB-2021 917000nfan Beachrt 5lv)dis}J� t, ,r , i SEP-2013 10 ➢ � 't}�})s1SSSfi I�{liq } { }t)z}�! 1� )� - r j SEP-2010 10 tSti2 \ it}f2 i tt:,` {it r Sti a£ Su it 1 `tt )' t i -{t; AN 2006 275000 r,wi Appraisals \ti tlllet+ Tax Year 2021 .: ,^. e._e...V lue=. $63,670 i ,,. , i f!,;t\� �t}�� »�S}4,� f e S" i �+ 1 - St)I)�� ii _ te=..- $133,112 [ U3 ,,,a ?a..ate...+ta.:we , =. $196782 . .. All values are as ofjanuary 1st eachyear ) >; Sr i (s' it})i 1St �ti' fiF s Assessed/Taxable values SIIe� Tax Year 2021 t tee. $191,121 } r } EXe r .Amount $0 t r t,11s11 i, } sit i 1 ,i �axalkie ofaiue $191 1 21 Taxes Tax Year 2021 Ad t. .em $4094 Norl Ad Valorem m $960 }} i ��t e � 1i �� X $5,054) } �t t, F � })4iIN . tjli itfs£{ tl\ �{3i fli I '. ts'� }�`1f}� ' __' 1}� �Y �`_... ��}f+t�j9,1}��l�;�St"�'tt 5t�'r• ,u,�� �YS�S sl - i # �t 4t https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434521180000060 1/1 7/14/22,8:59 AM PAPA Maps " -n DOROTHYJACKS '^ CFA AADS i Search by Owner,Address or Parcel ` scs91 0 0 6 t i`� View Property Record £(1ie Owners sls BOYNTON BEACH CRA L � olql N t£ Property Detail 407 E BOYNTON BEACH ,,. ,': Murllicioahty BOYNTON BEACH .rce. w,;. 08434521180000051 Su,d. s:'.:ARDEN PARK ADD Page 1 1'��fi 4Nli7, ! -� e'398 � ��? �F �t�� � �.,< 32246 ie.Da-e=. FEB 2021 ��� �54 Js 100 E OCEAN AVE £ � ltt� I l ISS s - FLOOR Adid,e:;;;; BOYNTON BEACH FL �ai - 33435 4515 1000 VACANT ae. ypee 3( COMMERCIAL e t_ �,}., e �„)4 ,1 :1 e.rt �._ ,._ ltl _ t _ ..� �,.(_. t„ „a._�e e. � as t ,✓ �. � ,t t lilf}s}(es },�£2 nJitn lei e£lti e,p`,rytl{s£Ifilt;9;sr e�1tS t41 i e�'ir�y�,l„ 4). P r��ite,;2 1 1,�;OkI Aitis si ni tt ik,rA iii, sir: viS ee�liel �r,Ii J;t 414A lis S 1\�� F��1S( 1ti)�A�s{£ty...l �e�jt Sales Informationo \ Sales Date Price t rsr E Ba nfan Beach Blvd ;t FEB-2021 917000 - �jA SEP-201 3 10 SEP-2010 10 JAN 2006 10 JAN 2006 325000 t ^) -- — lr it h _ s• t } t�tr I14, Appraisals Tax Year 2021 ....^re ,e.... $57tc ,t _ `,� „�,�� ,,.. �t��t{i�is�l ��1� >, ^rs (� •i :I taWe=. $156,660 erg �t� Iiz ..,..a. Market VaWe $1 56 717 All values are as of January 1st each year - tL� Assessed/Taxable values 4 Tax Year :2021 ��: 4 � trslt y 1 z - fAssesse ! - t£ k 1 tai ;P £ .ue� $128,540 � �£, £t���e�tir i,- � „���� �`� j�:r � "� 3` �t•;4\��'�4 �i � s��� I Amount axaUeaUe $128,840 t � t� ��,„�s At Taxes Tax Year 2021 F � Ad t .em $2,925 ' Nor:Ad Va.,,.em $0 $292 t 1 t Niri £` 1"iss o https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434521180000060 1/1 7/14/22,8:59 AM PAPA Maps " -n DOROTHYJACKS '^ CFA AADS i Search by Owner,Address or Parcel View Property Record Owners BOYNTON BEACH CRA �r� ias - Property Detail ,1 411 E BOYNTON BEACH �,. BLVD �s Municioahty BOYNTON BEACHPar ` . .ei No. 08434521180000040 Su riorl ARDEN PARK ADD Book 32246 .age=.398 \�`^a;e.Dae=. FEB 2021 100 E OCEAN AVE FLOOR mading 1..i...e.c,s 4 BOYNTON BEACH FL 33435 4515 r 3 i 1 i el e. e. 1 100-STORES ..w,c + w r» t,t „I�, t,( .(t•_ #t,lit41�4 FSS f 3 ,� � � , ,- �,ty1 � lues,l r1�{ttt��C7ts�9��rt1 V Sales Information es lo Sales Date Price i��rlla t i I i���teV�771le{��1}elf� FEB 2021 917000oil r �, Beynian Beach Blvd ' t )ft t 1f1��y} kkA {q SEP-201 3 10 '• s t )� (S%ri �1�i`!\� �� ���1�i�e141�l�i<,� ��r 4,, 1 t� SEP-2010 10 V� JAN 2006 10 ':SBrei ,��;1 t�t{ ��- � 11��.c - JAN 2006 325000 1 I me �t Appraisals s4eq i 1 Tax Year 2021 .m p(wemeritVade=. $177,716 .. ' . Va.:u= $311,676Gla �� c= All values are as ofjanuary 1st I; e�1 `\�tiS t1r i` `�1� {� ` - 1 1. �t\��t fi 5 each year Assessed/Taxable values ` Tax Year 2021 1 A^sessed Vaiue $311,6761 -- xe.'^ l $0 e. 311,676!:; axa, ,V e. �}}„ 311 676 , ,,,,,, Taxes 1 Tax Year 2021 u . t .'.e.'^ $6,613 t� y „ l ...:e.'^ $1 � ,550 1 �� e V 37 C1S I4t�:U $8,163 .a�„i�„i�„i�„i�„i�„i�„i�„inn.y. s„ m !SII l I C21 � . +� MOW e e � t ,i 1 t,1� vii 1 St er!1 � � i1 1t (1 fhl'Ii1�0311 �U, t https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434521180000060 1/1 ATTACHMENT "B" SURVEY OF BBCRA OWNED PROPERTIES A:1N3 Otl 1N aWd Od0 INAOI ONN 08 W®� ... nw .o,p ns 145 v JTT�usdlHa,yi H3tl38 Nf31NA08 Idp pN rpanpa OlLO-OZ1� ONIddtlW OM/7'Md1g2IJOlSS3�0bdµ OZIaaS Au•n5 r°a�° '.. ; - u°,+z°p ®BOAHN �Fu � a =I R, I1 #fis.a°a:se.G oda �g F Boz � � ���p�a a=e;a�='< p�o < axe £ ss s o sans =<ae` waa 119�,m¢=aoop�<w�g m§xaxsp .o a= w a smm< 'w "oo o a . s�a,`a1 � -6 8 --o0° 1 4H ani H. � noo'< Sem ��� ep §��Mffi GLL��s<�o �_� �o w do== s� v� F6� m rya = a Z�S c, uxnxxuxnxx.x.xx•xxxxnx°nn;;.®ux®ue®®xn°®xenxnno®nnx®uxx;; ��`� ai3��aa�uLLaWs...u�ousw�'�Wme ���m�auuzauun �aoau$o Ui'�€�'s�o �`ob U9p�'e�'�� N T' a, 9 Is _pbo8i - g 3A ObObllbt!_ L §eo 18� I r hJ� I I¢ O I RI I I� N O Im 6 C I m P .00 azt 1 I( Gs I i a �,a 3.'40,!£OOSW -I a. ` a tv ......._ e.. r - Od m g w` p`p 'g. b 6�•�S �dld Y: \f byI � WY I a w 3549 G1ak5 9��I � 41•Pn g= aFal° x O S� S�o�� r x$? 3 = �Gox IZIo. § Maq �@ glad .IHN ^So m F 162Nqg- 2, € � z osga£6mmm�m �3 o NQS _. -� 13321(5�O NrnvtJtsnv�, .ssz�a pwx„ I ut_ �wb56mm� m=m O21£ 3'N i+5n�n°8 I I I I I i t i ATTACHMENT "C" USPS REQUIREMENTS �� � � �- �� ��,,,� �' —�—— �, a r � „��,, 141����;c��'�� ;, ����� � � ilyrll�f�7�ilf��t � ����� �j ��7� � s 3 � t ,it' tt � n'�� ����4U�� � � _ - -- - --- ���1�6SS X51 ��r' � 4�,(i,',t�k� �, ' - I t i ��1�� � i ��at?� , < �, �� ��� � ,�� ll \ i j I� �' ul�t � �t�' � �sr � s�' „ ��,1 �_ �.": it��u {14 � � � ' � it c�t��:. r i � '� t ((��" � �: � �} C- i ��ktj �� r i a (� � � � 4;r �( ' � � ` � ���C;�g��i 1 " �}1�SS�! )�j�))3 S ��\�'�uat���,,.�'�1��`� t r� <<t a� �k r ��r� a � � � � ATTACHMENT "C.i." REQUIREMENT OVERVIEW LMuj W N is ft W Ln � UJ Q Q. 0.4 m E co E U U m O E W � cn O0 p a �i O LL O N N o U O 00_ > Nco a O U) W X .-j /�N/ (n in — co W 0) co S N CO U— 4 Q c 0 Q oo b o uw o LMuj M is rt W Ln � UJ � J Q LL _ N 70 U m O co h 00 CO c� 0 o 00 7C3 o 00m m LU Q U U r 00 L L U d' N fA o fn r U o O O o z O > m o H U) N O � co m + (n }' 00 CIO C6 — F---< �+ C O (6 N N >+ O Q 0 � t O -r- E U p E, roCn�{ H m W O co E UN U V �•+ L CI) W O U U �•+ (6 ■� O O to n O L L) C: V E 0 -2 H O E o (B �' > j U m m UE (0 p o � � o LL 00 a CO _ - T N } `� U) Cfl O Z) C: 0) U N :3 O N o � O � 1 J ti W U d o CMQ cm N m Ln -0t cn N o E N o 'a cc:� 0 c� L Q CO o L� U .� N a O U M � m O Q — M -0Xcn M (n O N J aO O o F= -o LL M F= F c Q Q O N d a. ) � N � � m 7o N Co U N _ ^' co W co U) ry ry co ' L 0 � �` O J O '/� W N L J O LC L (D Q F= 70 Z C) co m o Y _J Q o ATTACHMENT "C.ii." FACILITY PLANNING CONCEPT SUMMARY wuj U aW Ln � UJ p � c 0.4 [`y ��.} � tr� � I�s��y •- £a � c�7 � (< �3 O �+ r'�' � C.7 C5 � R .y '.� sJ9 r- � � t�•O O �7 � O G,'y � h cu ,4 iL co r� IL rl r� tyY '� 4 r L a } a c� C7t4E" 4k W �CL m m a� a -a2 cs o H Q p U� a� '�''' 3 E Ez (Dif7 Q '? n- 0 w CL m m m CL C_3 I7'. CY' C_3 4.1 w IS r. L.,, a� Z a� N N Q U y� d T N ■ co co ■� J co c J N U C O r O ■ N O Ww �b z �� ^ wa, Q as jai afs' W u5 CU uta {tel IyF y ,' 7 Ca d .qaS a s d c4 Lmoru _ tti n N"I?sti r ���1 S t I I 7 s t I I 7 � == 7 I W � 77}rC Mil lu V � p co i vs+ 1 � ■ f� � .�,`�7�r ���v��It 7 � ��� fo=�- - �SG'�� ���'� O r i ATTACHMENT "C.iii." DEVELOPMENT PROPOSAL wu a v _ Y �I o � L cl O _ C O N o m cn X Co LO +� O � O -0 U �co 0- N E (DO N _ CO J 0 Q '5 o LL U J -0 U) N -6cn O � L co L O) a V >+ (B U (n � O LCL O m O O 0 F m >1 O O m m CD E N L M � U N W c > E E E O Q 4— _ oO Ir- U < 0 U o O (u1) a m m o _D 0- � � M Q - Z N � C O � d a co ® (n ® a J co _j ® ® N e C O ■ N O Appendix 2 Q0)jLL 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 28, 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 U 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. 6. Tenant's Broker:Jones Lang LaSalle is Tenant's exclusive broker and representative. Jones Lang LaSalle is not an agent or subagent of the Landlord. Landlord shall pay Jones Lang LaSalle one full real estate commission equal to 4% of the lease value, due and payable at lease execution. Please feel free to contact me with any further clarification or questions in order to help you expedite your response. Page 1 of 3 � JLL U.S. Postal Service Lease Proposal Boynton Beach Relocation Sincerely, Sarah Kutner, Senior Transaction Manager Jones Lang LaSalle Email: Sarah.Kutner@am.jl1.com Tel: (202) 719-6135 cc: Richard Hancock, USPS Steve Robinson, JILL Page 2 of 3 � JLL U.S. Postal Service Lease Proposal Boynton Beach Relocation Attachment A USPS Concept Plan Land Survey T , Lr-0 o ry w g 1 o�. f ,z9,r ...... o 6�?E PLAN yt344R a6AN STATE ROAD 804-80YNTON BEACH BLVD J I` � I 1 ` � 3 LCF i m [cr alcr LOT i Off i� !t' p'1 � .m '•.^"'��. 1 �y "�. h •r N. a• 5 U LLE r r T^ • '� !' '• F t� ,n n� Y_'y,Pe,frme_'i' W-ee;.•:r ,r 6�� r.� �� CQT n LF L 9 L:'7'i: F: LnT ff QA +c �..� Page 3 of 3 a �'Hovae NOIMO 'Ome Novae NOl 8"rM 33NtlNl3 HO`d38 NOINAOS IOBAHOLN-OONvie 3 3SOr 03SOdONd I 77 i O J W;a 0 Z _ oa , , w A 00 Vill i F,LLNT� o 4 w :a' H I y i IL F O ..•.•... .... Ny o —a 133211S DaS 3N _ _ ____ ATTACHMENT "C.iv." USPS LEASE FORM Appendix 3 UNITED STATES POSTAL 7, Lease LINITEDST AJ92— POSTAL SERVICE. Lease (Single-Tenant Form) Facility Name/Location County: Lease:Q90000674655 DRAFT This Lease, by and between [Landlord Entity to Be Entered], ("Landlord") and the United States Postal Service ("USPS" or "Postal Service"), is made as of the Effective Date. The "Effective Date" shall mean the date the Postal Service executes this Lease. In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which are hereby acknowledged, the parties covenant and agree as follows: 1. PREMISES: Landlord hereby leases to the Postal Service and the Postal Service leases from Landlord, the following premises (the "Premises") located in a Concrete building having a street address of (the "Building") situated upon the real property with an Assessor's Parcel Number of and legally described in Exhibit A attached hereto and by this reference incorporated herein (the " Property"). The Premises consists of approximately square feet of net interior space and additional space, if any, as shown on Exhibit C and incorporated herein by this reference. The Postal Service shall have the right to use any and all appurtenances and easements benefiting the Premises and the Property, including sidewalks, driveways, drive lanes, entrances, exits, access lanes, roadways, service areas, and parking areas, wherever located in or on the Property, which the Postal Service deems necessary or appropriate to support its intended use of the Premises and to exercise its rights under this Lease. Landlord shall not make any changes to the size, location, nature, use or place any installations upon the sidewalks and parking areas of the Property which impair the accessibility to or visibility of or ease of use of the Premises by the Postal Service and/or its customers, as reasonably determined by the Postal Service. 2. TERM: The Lease shall be effective as of the Effective Date but the term of this Lease and the obligations of the Postal Service, including the payment of any charges or rent under this Lease, shall commence ("Commencement Date") only after Landlord's delivery of the Premises to the Postal Service in accordance with the terms of this Lease. The Commencement Date will be confirmed by written notice from the Postal Service to the Landlord. Such written notice may also include!set dates for the renewal option terms based on the actual Commencement Date. If Landlord fails to object to the dates in such notice within 10 business days, such date shall be final and binding on the parties. The Lease shall expire on the last day of the th calendar month following the Commencement Date. If this Lease is extended, then such extended period shall also be referred to herein as the "term." 3. RENT: The Postal Service will pay Landlord an annual rent of: $ ("Rent"), payable in equal installments at the end of each calendar month during the term. Rent for a part of a month will be prorated according to the number of days of the month occurring during term. Rent shall be paid to: 4. RENEWAL OPTIONS: The Postal Service shall have the right to the following renewal options: Period Annual Rent Marke Month Month Valuet August 2017 Page 1 of 2 UNITEDST AJ92— POSTAL SERVICE. Lease (Single-Tenant Form) Facility Name/Location County: Lease:Q90000674655 DRAFT Month Month Market Value provided that notice of exercise of each such renewal option is sent in writing, to the Landlord at least 30 days before the end of the initial Lease term and each renewal term. All other terms and conditions of this Lease will remain the same during any renewal term unless stated otherwise herein. 5. OTHER PROVISIONS: When used herein the term 'lease" or"Lease" includes all of the following additional provisions, modifications, riders, layouts, and/or forms which were agreed upon prior to execution and made a part of this Lease. General Conditions to USPS Lease ' Real Estate Conflict of Interest Certification ' Addendum Maintenance Rider Landlord Responsibility ' Tax Rider Percentage Reimbursement of Paid Taxes ' Utilities, Service, & Equipment Rider ' Subordination, Non-Disturbance and Attornment Agreement ' Renewal Option Rider (Market Value) 6. TERMINATION: There shall be no early termination rights,except as otherwise provided in this Lease. [Signature Page Follows] August 2017 Page 2 of 2 J92UNITEDST — POSTAL ASERVICE. Signature Page Facility Name/Location County: Lease:Q90000674655 DRAFT LANDLORD Name: By: Witness Name: Title: Name: Date:' Witness Provide for Execution by Witnesses above or Notary below State of County of I, the undersigned Notary Public of the County of and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of My Commission Expires: (Affix Seal,) Notary Public Notary's Printed or Typed Name POSTAL SERVICE By: Name: DAVID ROUSE Title: Contracting Officer Date: August 2017 Page 1 of 1 J92UNITMSTA — POSTAL SERVICE.r Instructions Facility Name/Location County: Lease:Q90000674655 DRAFT Instructions for Execution and Providing Supporting Documentation for Types;of Landlord Entities Individual, Administrator, or Trustee a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease. If the Landlord is married, the spouse of the Landlord must also execute the Lease. The Landlord must submit adequate evidence of title. b. Where the Landlord is an administrator or an executor of an estate, there must be furnished a certificate of the clerk of the court or certified copy of the court order showing the appointment of the administrator or executor, together with a certified copy of the will of the deceased. If there is no will, or in the event the will of the deceased does not specifically authorize the administrator or the executor to enter into a contract to lease the proposed quarters, it will generally be necessary to furnish, in addition to the above named items, a certified copy of the court order authorizing such administrator or executor to enter into a lease with the Postal Service. c. Where the Landlord is a trustee, a certified copy of the instrument creating the trust must be furnished together with any other evidence necessary to establish the trustee's authority to lease. Partnership a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease. If the Landlord is married, the husband or wife of the Landlord must also execute the Lease. The Landlord must submit adequate evidence of title. b. If the Landlord is a general partnership, each member must sign. c. If the Landlord is a limited partnership, all general partners must sign. Corporation a. Where the Landlord is a corporation, leases and lease agreements entered into must have the corporate seal affixed, or in place thereof, the statement that the corporation has no seal. b. Where the Landlord is a corporation, municipal corporation, non-profit organization, or fraternal order or society, the Lease must be accompanied by documentary evidence affirming the authority of the signatory, to execute the Lease to bind the corporation, municipal corporation, non-profit organization, or fraternal order or society for which he (or they) purports to act. The usual evidence required to establish such authority is in the form of extracts from the articles of incorporation, or bylaws, or the minutes of the board of directors duly certified by the custodian of such records, under the corporate seal. Such resolutions, when required, must contain the essential stipulations embodied in the Lease. The names and official titles of the officers who are authorized to sign the Lease must appear in the document. Limited Liability Company (LLC) a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease. The Landlord must submit adequate evidence of title. b. Where the Landlord is an "LLC", the Lease must be accompanied by documentary evidence affirming the authority of the signatory, to execute the Lease to bind the "LLC", for which he (or they) purports to act. The usual evidence required to establish such authority is in the form of extracts from the formation documents for the "LLC", including, without limitation, the certificate of formation and limited liability company agreement. Such documentary evidence, must contain the essential stipulations embodied in the Lease. The names and official titles of the officers or members or agents who are authorized to sign the Lease must appear in the document. August 2017 Page 1 of 2 J92UNITEDSTA — POSTAL SERVICE.r Instructions Facility Name/Location County: Lease:Q90000674655 DRAFT Limited Liability Partnership (LLP) a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease. The Landlord must submit adequate evidence of title. b. Where the Landlord is a Limited Liability Partnership, the Lease must be accompanied by documentary evidence affirming the authority of the signatory, to execute the Lease to bind the Limited Liability Partnership for which he (or they) purports to act. The usual evidence required to establish such authority is in the form of extracts from the formation documents for the limited liability partnership, including, without limitation, the certificate of formation and limited liability partnership agreement Such documentary evidence, must contain the essential stipulations embodied in the Lease. The names and official titles of the officers or members or agents who are authorized to sign the Lease must appear in the document. Trust a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease. The Landlord must submit adequate evidence of title. b. Where the Landlord is an administrator or an executor of an estate, there must be furnished a certificate of the clerk of the court or certified copy of the court order showing the appointment of the administrator or executor, together with a certified copy of the will of the deceased. If there is no will, or in the event the will of the deceased does not specifically authorize the administrator or the executor to enter into a contract to lease the proposed quarters, it will generally be necessary to furnish, in addition to the above named items, a certified copy of the court order authorizing such administrator or executor to enter into a lease with the Postal Service. c. Where the Landlord is a trustee, a certified copy of the instrument creating the trust must be furnished together with any other evidence necessary to establish the trustee's authority to lease. August 2017 Page 2 of 2 J92— UNITEDSTATES Real Estate Conflict of Interest Certification POSTAL SERVICE. Facility Name/Location County: Lease:Q90000674655 DRAFT To avoid actual or apparent conflicts of interest, the United States Postal Service ("Postal Service") requires the following certification from you as a potential Landlord/Licensor/Supplier/Contractor to the Postal Service. Please check all that apply in item A below. Further, please understand that the Postal Service will be relying on the accuracy of the statements made by you in this certification in determining whether to proceed with any possible transaction with you. I, hereby certify to the Postal Service as follows:. [PRINT: name of potential Landlord/Licensor/Supplier/Contracto[] A. (Check all that apply) I am: (i) A Postal Service employee; (ii) The spouse of a Postal Service employee; (iii) A family member of a Postal Service employee; (Relationship) (iv) An individual residing in the same household as a Postal Serviceemployee; (v) I am one of the individuals listed in (i) through (iv)above AND a controlling shareholder or owner of a business organization leasing or licensing space or intending to lease or license space to the Postal Service; OR (vi) None of the above. B. (Complete as applicable): i. I have the following job with the Postal Service: (Title) (Location) ii. My spouse who works for the Postal Service holds the following job: (Title) (Location) iii. My family member who works for the Postal Service holds the following job: (Title) (Location) iv. My household member who works for the Postal Service holds the following job: (Title) (Location) C. If you have checked "none of the above" and during the lease or license term or any renewal term, you do fall into any of the categories listed in A (i) through (v) above, you shall notify the Postal Service's Contracting Officer in writing within 30 days of the date you fall into any of the such categories and shall include an explanation of which of the above categories now applies. D. The person signing this certification has full power of authority to bind the potential Landlord/Supplier/Contractor named above. August 2017 Page 1 of 2 J92— UNITEDSTATES Real Estate Conflict of Interest Certification POSTAL SERVICE. Facility Name/Location County: Lease:Q90000674655 DRAFT Executed this day of , 20 BY: [Insert Signature] BY: [PRINT: name of entity or person] Title: [Insert title] [INTERNAL USE ONLY: 1) If A(vi) 'none of the above' is selected, stop, file form with the lease/license. 2) If other items are selected, submit form to Ethics.heII2 usps.gQy. File form and Ethics determination with the lease/license.] August 2017 Page 2 of 2 J92— UNITMSTATES Exhibits POSTAL SERVICE. Facility Name/Location County: Lease:Q90000674655 DRAFT Exhibit A [Legal Description of Property] Provide Floorplan August 2017 Page 1 of 3 J92— UNITEDSTATES Exhibits POSTAL SERVICE. Facility Name/Location County: Lease:Q90000674655 DRAFT Exhibit B Parking Area (If Applicable) August 2017 Page 2 of 3 J92— UNITEDSTATES Exhibits POSTAL SERVICE. Facility Name/Location County: Lease:Q90000674655 DRAFT Exhibit C August 2017 Page 3 of 3 J92— UNITMSTATES Addendum POSTAL SERVICE. Facility Name/Location County: Lease:Q90000674655 DRAFT If there is any conflict or ambiguity between any items of the Lease or this Addendum, the terms of this Addendum shall control. ANY APPROVED CHANGES GO HERE August 2017 Page 1 of 1 J92UNITMSTAT — POSTAL V General Conditions to USPS Lease Facility Name/Location County: Lease:Q90000674655 DRAFT 1. APPLICABLE CODES AND ORDINANCES The Landlord shall comply with all codes and ordinances applicable to the ownership and operation of the Building and Property without regard to the Postal Service tenancy and obtain all necessary building permits, certificates of occupancy, and similar related items at no cost to the Postal Service. The Postal Service agrees (i)to comply with all applicable codes and ordinances to the operations of the Postal Service at the Premises, to the extent enforceable against the Postal Service, and (ii)when the Postal Service or one of its contractors (other than Landlord) is performing work at the Premises, the Postal Service will be responsible for obtaining applicable permits and related items and to pay the associated costs. Nothing herein shall be construed as a waiver of the Postal Service's sovereign immunity. 2. LANDLORD'S INTEREST a. Landlord represents and warrants to the Postal Service that as of the Effective Date, (i) Landlord owns and holds fee title in and to the Building, the Premises and the Property; (ii) there are no encumbrances, liens, agreements, covenants in effect that would materially interfere with the Postal Service's ability to operate its operations, materially impair the Postal Service's rights under this Lease, or materially increase the Postal Service's obligations under this Lease; and (iii) Landlord is unaware of any existing or impendingcondemnation plans, proposed special assessments or other adverse physical conditions relating to the Property. The term "Landlord" as used herein shall mean only the owner or owners,;at the time in question, of the fee title (or a tenant's interest in a ground lease) of the Property. b. If this Lease provides for payments aggregating $10,000 or more to Landlord, claims for monies due or to become due from the Postal Service under it may be assigned by Landlord to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party at a time, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this Lease. No assignment or reassignment by Landlord will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment and other reasonable documentation, including without limitation, a W-9, is filed with: 1. the Postal Service's Contracting Officer; and 2. the surety or sureties, if any, upon any bond. c. Assignment by Landlord of this Lease or any interest in this Lease other than in accordance with the provisions of this clause will be grounds for termination of this Lease by the Postal Service. d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the Premises by Landlord, provided that: 1. such transfer is subject to this Lease; 2. a copy of the recorded deed or other official transfer instrument evidencing the transfer is provided to the Postal Service; and August 2017 Page 1 of 13 J92LINITEDSTAT — POSTAL V General Conditions to USPS Lease Facility Name/Location County: Lease:Q90000674655 DRAFT 3. Landlord shall cause its assignee or transferee to assume the provisions of this Lease and Landlord shall deliver notice of such assignment or transfer and a copy of the effective instrument of transfer to the Postal Service within 15 days after the date of transfer. In addition, both the original Landlord and the successor landlord shall execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form to be provided by the Postal Service within 15 days after receipt of such form from the Postal Service. If due to the death or dissolution of the original Landlord preventing the execution and delivery of the Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form, the Postal Service may reasonably request such other documentation to evidence the transfer and ownership by the successor landlord, including but not limited to, a W-9 and an agreement to indemnify and hold harmless the Postal Service with respect to any claims by other parties of ownership interest in the Premises or entitlement to the Rent. The Postal Service shall be entitled to continue to pay rent and give all notices to Landlord until it has received the foregoing from Landlord. Landlord shall deliver all such funds in which the Postal Service has an interest to Landlord's successor or assignee. Provided Landlord's successor or assignee expressly assumes Landlord's duties and covenants under this Lease as required hereunder, Landlord shall be released from all liability toward the Postal Service arising from this Lease because of any act, occurrence or omission of Landlord's successors occurring after the transfer of Landlord's interest in this Lease. Nothing herein shall be deemed to relieve Landlord of any„liability;for its acts, omissions or obligations occurring or accruing up to and including the date of such transfer, and the Postal Service shall be free to exercise any and all remedies for a Landlord default against either the Landlord or a successor landlord, at the election of the Postal Service. Notwithstanding anything to the contrary contained herein, in the case of new leased space projects, this Lease may only be assigned or ownership of the property transferred following commencement of the fixed term, unless prior written consent is obtained from the Postal Service. 3. ASSIGNMENT/SUBLEASE BY THE POSTAL SERVICE The Postal Service may sublet all or any part of the Premises or assign this Lease only with the prior written consent of Landlord, such consent not to be unreasonably withheld, conditioned, or delayed, but the Postal Service shall not be relieved from any obligation under this Lease by reason of any subletting or assignment. If Landlord fails to respond in writing to a written request to sublease or assign from the Postal Service within 10 business days after receipt by Landlord of the Postal Service's written request, Landlord shall be deemed to have consented to such sublease or assignment, as applicable. 4. ALTERATIONS AND RESTORATION a. The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures and install flags or signs in or upon the Premises or common areas; which fixtures, additions, structures, flags or signs so placed in, upon or attached to the Premises or common areas shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service at any time and from time to time, including, without limitation, at the end of the term or any renewal term, subject to the provisions of Section 4b below. b. Upon expiration or termination of this Lease, the Postal Service shall remove its personal property and restore the Premises to a "broom clean" condition with any systems and structures for which the Postal Service is responsible (under the Maintenance Rider attached to this Lease) in working order. Except as provided to the contrary in the immediately preceding sentence, the Postal Service shall not be responsible to restore any condition due to reasonable and ordinary wear and tear, damages by the elements, or by circumstances over which the Postal Service has no control. The Postal Service at its sole option may, prior to the expiration or termination of the August 2017 Page 2 of 13 J92UNITEDSTAT — POSTAL V General Conditions to USPS Lease Facility Name/Location County: Lease:Q90000674655 DRAFT Lease, remove any or all of the alterations or improvements or elect to abandon the alterations or improvements in or on the Premises. If the Postal Service elects to abandon, the abandoned alterations and improvements shall become the property of the Landlord and the Postal Service shall be relieved of any liability in connection therewith; provided, however, if following expiration of the Lease the Postal Service enters into a new lease agreement with Landlord to remain in the Premises, the Postal Service shall have continued responsibility for maintenance of such alterations or improvements which were installed by the Postal Service during the term of this Lease (and not by Landlord) in accordance with the Maintenance Rider attached to this Lease. 5. DAMAGE AND DESTRUCTION a. Obligation to Repair. If all or any portion of the Premises, parking areas, or any common areas of the Property providing access to the Premises or access to the parking areas are damaged or destroyed by fire or other casualty, Acts of God, of a public enemy, riot or insurrection, vandalism, or other similar casualty (each, a "Casualty"), Landlord shall, subject to the provisions of this Section, promptly commence and diligently pursue to completion the repair of such damage so that the Premises and the parking areas, or any common areas of the Property providing access to the Premises or access to the parking areas are restored to a condition of similar quality, character and utility for the Postal Service'spurposes and to the Postal Service's reasonable satisfaction. Landlord shall not be responsible for(i) repairing or restoring the Premises to the extent the Casualty in question results from the negligent act, omission or negligence of the Postal Service or its employees (in which event that portion of the costs of repairs for damage directly caused,by the negligence of the Postal Service shall be the responsibility of the Postal Service), (ii) repairing or restoring any improvements, alterations, or additions installed by the Postal Service, or(iii) any furniture fixtures, equipment, or other personal property of the Postal Service. b. Time Period to Repair. (i) If the damage from the Casualty is such that the Postal Service reasonably determines the Premises is tenantable (i.e. suitable for the Postal Service's use and occupancy in the then ordinary course of its business being conducted on the date of the Casualty), the Postal Service shall so notify Landlord not later than 3 days following the Casualty. Landlord shall submit to the Postal Service a copy of its construction contract for the repair or evidence of its filing of applications for necessary building permits and/or other required governmental approvals (as applicable)for the repair, within 30 days after the date of the Casualty, and shall complete the repair to the reasonable satisfaction of the Postal Service within 90 days after the date of the Casualty. Nothing stated herein is intended to relieve Landlord of its continuing obligations under this Lease, including, without limitation, Landlord's obligations to comply with law and for maintenance under this Lease. (ii) If the damage from the Casualty is such that the Postal Service reasonably determines the Premises is untenantable (i.e., not suitable for the Postal Service's use and occupancy in the then ordinary course of its business being conducted on the date of the Casualty), the Postal Service shall so notify Landlord not later than 3 days following the Casualty. If the Postal Service gives such notice that the Premises is untenantable, Landlord shall submit to the Postal Service a copy of its construction contract for the repair or evidence of its filing of applications for necessary building permits and/or other required governmental approvals (as applicable)for the repair, within 90 days after the date of the Casualty, and shall complete the repair within 270 days after the date of the Casualty. Nothing stated herein is intended to relieve Landlord of its continuing obligations under this Lease, including, without limitation, Landlord's obligations to comply with law and for maintenance under this Lease so that the Premises, if tenantable following the Casualty, remain tenantable. c. Postal Service's Remedies. If Landlord fails to meet any of the deadlines set forth in subsection b(i) or (ii), as applicable, then the Postal Service may (i) perform the repair (by contract or otherwise) and recover the cost plus a reasonable administrative cost and/or interest, by offsetting Rent and other payments and reimbursements due or August 2017 Page 3 of 13 J92UNITEDSTAT — POSTAL V General Conditions to USPS Lease Facility Name/Location County: Lease:Q90000674655 DRAFT to become due to Landlord under this Lease and/or any other lease with Landlord, or(ii) terminate the Lease upon 30 day's prior written notice with a termination date effective as of the date of such Casualty. d. Abatement of Rent. Rent and all other payments and reimbursements due or to become due to Landlord under this Lease shall abate, in whole or in part, commencing on the date the Postal Service reasonably determines all or any portion of the Premises, any common areas of the Property providing access to the Premises, or parking areas or access thereto are untenantable or unfit for the Postal Service's use or occupancy and continuing until the Premises, common areas providing access to the Premises or parking areas are once again tenantable or fit for the Postal Service's use or occupancy, as applicable. The Rent and all other payments and reimbursements due or to become due to Landlord under this Lease shall abate from time to time in proportion to the part or parts of the Premises not reasonably capable of such use and occupancy or the degree to which access to the Premises or parking for the Premises is reduced. The Postal Service shall attempt to continue the operation of its business on the Premises following a Casualty to the extent reasonably practicable consistent with life safety and good business practices. No exercise by the Postal Service of its right to rent abatement as stated above is intended to extend the time periods for producing the contracts for repair and for the completion of construction when the Premises are deemed to be tenantable or untenantable by the Postal Service as described hereinabove. By way of example, and not in limitation, in the event that a Casualty occurs and the damage from the Casualty is such that the Postal Service reasonably determines that a portion of the Premises is suitable for the Postal Service's use and occupancy in the then ordinary course of its business,then while rent will abate for the untenantable portion as described above, the Landlord shall remain obligated to submit to the Postal Service a copy of its construction contract for the repair or evidence of its filingof building permits, if applicable, for the repair, within 30 days after the date of the Casualty, and complete the repair to the reasonable satisfaction of the Postal Service within 90 days after the date of the Casualty. 6. INSURANCE a. Postal Service's Insurance. Landlord acknowledges that the Postal Service does not routinely purchase commercial insurance or maintain a separate account for potential claims, as is required to technically be considered "self-insured." Rather, the Postal Service is authorized to pay proper claims against it out of its general revenue fund and available credit, and is subject to suit for damages. Liability claims against the Postal Service are governed by the Federal Tort Claims Act, 39 U.S.C. §409(c), with the specific provisions being set forth at 28 U.S.C. §§1346(b), 2401(b), and 2671-2680. With respect to the issue of Workers' Compensation coverage, pursuant to 39 U.S.C. §,1005(c), the Federal Employees' Compensation Act ("FECA"), 5 U.S.C. §§8101 et seq., is the exclusive remedy for all postal employees who sustain personal injuries on the job. While the Landlord is hereby waiving its standard insurance requirements for the Postal Service, if at any time the Postal Service assigns or subleases any portion of the Premises in accordance with the terms of this Lease to a non-governmental entity, Landlord has the right to impose its reasonable insurance requirements on the assignee and/or subtenant which are based on the assignee's and/or subtenant's proposed use of the Premises including the requirement that the assignee and/or subtenant reimburse Landlord for any increase in insurance premiums incurred by Landlord as a result of the assignee and/or subtenant's proposed use for the balance of the Term and any extensions, all as a condition of the assignment or sublease. b. Landlord's Insurance. Landlord shall, at its own expense, obtain and keep in full force and effect, the following insurance from an insurance company with a Best's rating of at least A and a Best's financial performance rating of at least 7. The insurance required to be carried by Landlord under this Section shall be referred to herein as "Landlord's Insurance." Upon request, Landlord shall provide the Postal Service with a copy of the certificate of insurance and premium bill evidencing Landlord's Insurance, together with the appropriate form stating Landlord's insurance policy(ies) has been endorsed. August 2017 Page 4 of 13 J92LINITEDSTAT — POSTAL V General Conditions to USPS Lease County: Lease:Q90000674655 DRAFT (i) Liability Insurance. Bodily injury, personal injury and property damage insurance, naming the Postal Service as an additional insured, insuring against claims of bodily injury or death, personal injury or property damage, arising out of or in connection with Landlord's acts or omission upon, in or about the Property, with an each occurrence limit of not less than $2,000,000 and a general aggregate limit of not less than $2,000,000. Landlord's Insurance shall be primary with respect to any claim covered under such insurance and arising out of events that occur outside the Premises. Landlord shall have the right, but not the obligation, to increase the amounts or limits of insurance to such amounts as Landlord deems reasonably necessary. Landlord may, at Landlord's option, carry insurance required under this Section under an umbrella policy or policies for coverage amounts exceeding $1,000,000, provided that such umbrella policy or policies otherwise comply with the requirements of this Section. (ii) Property Insurance. Insurance covering loss or damage to the Premises and the Property by reason of fire (extended coverage) and those perils included within the classification of"Special Form Causes of Loss" insurance (with other appropriate endorsements), which insurance shall be in the amount of at least 90% of the full replacement value of the Premises (exclusive of excavation, footings, and foundations) as determined by insurance company appraisers or Landlord's insurance broker. (iii) Flood. Earthquake. and Tornado Insurance. Insurance covering loss or damage to the Premises and the Property by reason of flood, earthquake, or tornado, which insurance shall be in the amount in line with insurance carried by comparable property owners of comparable properties within the vicinity of the Property. 7. HAZARDOUS/TOXIC CONDITIONS CLAUSE a. Definitions. As used in this Lease, the following terms have the following meanings: "Environmental Laws" mean all federal, state or local statutes, laws, ordinances, rules or regulations, relating to protection of human health or the environment, including but not limited to (i) all laws relating to the release of Hazardous Materials into the air, surface water, groundwater or land, or relating to the reporting, investigation or remediation of, licensing, manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials; (ii)all laws pertaining to the protection of the health and safety of employees; and (iii)the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 et seq.; the Hazardous Materials Transportation Act as amended 49 U.S.C. §1801 et seq.; the Resource Conservation and Recovery Act, as amended 42 U.S.C. §6901 et seq.; and the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et seq. "Hazardous Materials" mean;(i)any toxic substance or hazardous waste, substance or related material, or any pollutant or contaminant that is or may hereafter be defined as or included in the definition of"hazardous substances," "toxic substances," "hazardous materials," "hazardous waste" or words of similar import under any and all Environmental Laws; (ii) petroleum, radon gas, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, transformers or other equipment that contain dielectric fluid containing levels of polychlorinated biphenyls in excess of federal, state or local safety guidelines, whichever are more stringent; and (iii) any substance, gas material or chemical that is or may hereafter be defined as or included in the definition of "hazardous substances," "toxic substances," "hazardous materials," "hazardous waste" or words of similar import under any Environmental Laws. "Environmental Contamination" means the presence of any Hazardous Materials which includes the presence of friable asbestos materials at any level, in, on, or under the Property, the Premises, common areas or the Building, at levels that require reporting to the enforcing environmental regulatory agency and/or environmental response action (s) under applicable Environmental Laws. August 2017 Page 5 of 13 J92LINITEDSTAT — POSTAL V General Conditions to USPS Lease Facility Name/Location County: Lease:Q90000674655 DRAFT "Asbestos-Containing Material" (ACM) means any material containing more than 1% asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACM that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. b. Landlord Disclosure. The Landlord shall disclose in writing to the Postal Service with regards to the Property: (i) the known presence of Environmental Contamination; (ii) the known presence, location and quantity of all ACM or presumed asbestos containing material (PACM)which includes all thermal system insulation, sprayed on and troweled on surfacing materials, and asphalt and vinyl flooring material unless such material has been tested and identified as non-ACM; and (iii) any known information concerning the presence of lead-based paint, radon above 4 picoCuries/liter(pCi/L), and lead piping or solder in drinking water systems. c. Landlord Certification. By execution of this Lease, the Landlord certifies that, to the best of its knowledge and excluding any written disclosures per paragraph 7.13, the Property is (i)free of Environmental Contamination; (ii) there are no undisclosed underground storage tanks or associated piping on, in, or under the premises or property; (iii) there are no ACMs, radon, lead-based paint, or lead piping or solder in drinking water systems, or in or on the Property; and (iv) Landlord has not received, nor is Landlord aware of, any notification or other communication from any party concerning any environmental condition, or violation or potential violation of any Environmental Law, regarding the Property or its vicinity. If the Landlord becomes aware of any such conditions, potential conditions, or violations of any Environmental Law regarding the Property or its vicinity defined herein, subsequent to Lease commencement, Landlord must disclose the new information to the Postal Service as soon as possible, and under no circumstances later than 5 business days after first becoming aware. d. Environmental Condition of the Premises. (i) Unless due to the negligence of the Postal Service, if after the Lease Commencement Date or any renewal thereof, Environmental Contamination;is at any time identified on the Property, upon notification by the Postal Service, Landlord agrees to remediate such Environmental Contamination to the extent required by Environmental Laws. Prior to performing any work, Landlord must seek and receive written approval by the Postal Service Contracting Officer of the Landlord's contractor and scope of work, and such approval will not be unreasonably withheld. The foregoing notwithstanding, the Postal Service shall pay a portion of the costs of remediation of Environmental Contamination caused directly by the negligence of the Postal Service. (ii) If non-friable ACM is subsequentlyfound in or on the Property or the Building which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees to conduct, at Landlord's sole expense, an asbestos survey of the premises pursuant to the standards of the Asbestos Hazard Emergency Response Act (AHERA), establish an Operations and Maintenance (O&M) plan for asbestos management, and provide the survey report and plan to the Postal'Service. If friable ACM is subsequently found in or on the Property or the Building which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees at Landlord's sole expense, to remove and/or abate the friable ACM. (iii) In performance of any work under this Clause, Landlord and Landlord's agents, contractors, and consultants ("Landlord's Agents") shall provide all information and data obtained, generated or learned as a result the work, including all verified lab data and all consultant reports, studies and analysis to Postal Service as soon as they become available, but no later than the 7 business days after receipt. In addition, if requested by Postal Service, Landlord and Landlord's Agents shall promptly make available to Postal Service access to all raw data, whether or not verified. Landlord also shall provide Postal Service with copies of all correspondence, information and documents submitted by or received by Landlord or Landlord's Agents from any third party or any governmental authority relating to the work promptly upon its receipt and/or submission by Landlord or Landlord's Agents. Postal Service shall be permitted to have representatives present during all work, and Landlord and Landlord's Agents August 2017 Page 6 of 13 J92UNITEDSTAT — POSTAL V General Conditions to USPS Lease Facility Name/Location County: Lease:Q90000674655 DRAFT shall provide to Postal Service samples, copies of the results of on-site testing and visual inspections, and access at all reasonable times to all samples and tests taken or conducted. If non-friable ACM, whether disclosed by the Landlord prior to execution of this Lease or subsequently found in or on the Property after execution of this Lease, should become friable due to any cause other than the negligence of the Postal Service, the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM shall be performed by the Landlord at the Landlord's sole cost and expense. If ACM in or on the Property or the Building was rendered friable due to the negligence of the Postal Service (including any such negligence of the Postal Service under any prior lease or leases of the Premises), the Postal Service shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the Postal Service's sole cost and expense. The parties agree as follows: (1) neither of the following shall constitute the negligence of the Postal Service: (a) reasonable and ordinary wear and tear and (b) damages by the elements or by circumstances over which the Postal Service has no control; (2)to the extent a failure by the Postal Service to maintain the improvements containing ACM in accordance with the Postal Service's obligations under the Maintenance Rider in the current or a prior lease of the Premises causes asbestos in ACM in the Premises to become friable, such failure shall constitute the negligence of the Postal Service hereunder, and the Postal Service shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the Postal Service's sole cost and expense; and(3)to the extent a failure by the Landlord to maintain the improvements containing ACM in accordance with the Landlord's obligations under the Maintenance Rider in the current or a prior lease of the Premises causes asbestos in ACM in the Premises to become friable, such failure shall constitute the negligence of the Landlord hereunder,and the Landlord shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the Landlord's sole cost and expense. (iv) If the Landlord fails to remove, or otherwise respond to in accordance with Environmental Law, any friable asbestos materials or Environmental Contamination, or fails to complete an AH ERA asbestos survey and O&M plan with such diligence as will ensure its completion within the time specified in Postal Service notice to Landlord (or any extension thereof as may be granted at the sole discretion of the Postal Service), or fails to complete the work within said time, as provided in the Maintenance Rider, the Postal Service shall have the right to perform the work (by contract or otherwise),and withhold the cost plus administrative costs and/or interest, from rent payments due or to become due or to become due under this Lease (or from other amounts owed to Landlord by the Postal Service or federal government). Completion of the work by Postal Service shall not relieve Landlord of its responsibility to perform the work in the future. In addition, the Postal Service may proportionally abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered untenantable or unavailable to it by reason of such condition. Alternatively, if Landlord fails to prosecute the work as required and the Postal ServiceContracting Officer determines that the premises are untenantable or unfit for use or occupancy, with reasonable discretion, cancel this Lease in its entirety without liability. The remedies provided in this section are non-exclusive and are in addition to any remedies available to the Postal Service under applicable law. e. Landlord Indemnification of Postal Service. Landlord hereby indemnifies and holds harmless the Postal Service and its officers, agents, representatives, and employees from and against any and all claims, losses, damages, actions, causes of action, expenses, fees and/or liability resulting from, brought for, or on account of any violation of this Clause or in any way arising out of or connected to Environmental Contamination on the Property, except that Landlord shall not be required to indemnify the Postal Service for, and to the extent of, that portion of the Environmental Contamination caused directly by the negligence of the Postal Service. f. Rights to Contribution. Nothing stated herein is intended to limit the right of the Landlord or the Postal Service to make claims for contribution or cost recovery under applicable laws against each other or any other persons or entities responsible for such Environmental Contamination. August 2017 Page 7 of 13 J92UNITMSTAT — POSTAL V General Conditions to USPS Lease Facility Name/Location County: Lease:Q90000674655 DRAFT & DEFAULTS a. Default by Postal Service. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by the Postal Service: (i) The failure by the Postal Service to make any payment of Rent or any other payment required to be made by the Postal Service under this Lease, as and when due, where such failure shall continue for a period of 30 days after Landlord notifies the Postal Service in writing of such failure; or (ii) The failure by the Postal Service to observe or perform any of the provisions of this;Lease to be observed or performed by the Postal Service, other than the payment of sums due hereunder, where such failure shall continue for a period of 30 days after written notice thereof from Landlord to the Postal Service; provided, however, that if the nature of the Postal Service's default is such that more than 30 days are reasonably required for its cure, then the Postal Service shall not be deemed to be in default if the Postal Service commences such cure within such 30 day period and thereafter diligently pursues such cure to completion. b. Default by Landlord; Remedies. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Landlord: (i) Landlord's failure to observe or perform any of the provisions of this Lease required to be observed or performed by Landlord, where such failure is not cured to the full satisfaction of the Postal Service within 30 days after written notice by the Postal Service to Landlord of said failure; provided, however, that if the nature of Landlord's default does not have a'materially adverse impact upon the Postal Service's operations in the Premises (as reasonably determined by the Postal Service) and is such that more than 30 days are reasonably required for its cure, then Landlord shall not be deemed to be in default if Landlord commences such cure within such 30 days, thereafter diligently pursues such cure to completion, and completes such cure not later than 60 days from the date of the Postal Service's initial written notice to Landlord; or(ii) if any representation or warranty made by Landlord was false in any material respect when given or deemed given hereunder. In the event of a default by Landlord, the Postal Service, at its option, without further notice or demand, shall have the right to any one or more of the following remedies in addition to all other rights and remedies provided at law or in equity or elsewhere herein: (a) to remedy such default or breach and deduct the costs thereof from the Rent next falling due; (b)to proportionately abate the Rent for any period the Premises, or any part thereof, are reasonably determined by the Postal Service to have been rendered untenantable, or unfit for use and occupancy, by reason of such default or breach; (c) to seek money damages for loss arising from Landlord's failure to discharge its obligations under the Lease; provided, however, that the Postal Service shall not seek or demand any consequential, punitive or specialdamages arising from Landlord's default; and (d) to terminate the Lease. Nothing herein contained shall relieve Landlord from its obligations hereunder, nor shall this Section be construed to obligate the Postal Service to perform Landlord's repair obligations under this Lease. The notice and cure provisions in this Paragraph (b)`are for general defaults by Landlord not otherwise expressly addressed in other sections of this Lease, and therefore, to the extent of any conflict between the provisions of other sections of this Lease and this Paragraph (b), the provisions of other sections of this Lease shall govern. c. Force Majeure. In the event that either party shall be delayed or hindered in or prevented from the performance of any covenant, agreement, work, service, or other act required under this Lease to be performed by such party (a "Required Act"), and such delay or hindrance is due to causes entirely beyond its control such as riots, insurrections, martial law, civil commotion, war, acts or threats of terrorism, fire, flood, earthquake, delays by governmental authorities or other casualty or acts of God (a "Force Majeure Event"), then the performance of such Required Act shall be excused for the period of delay, and the time period for performance of the Required Act shall be extended by the same number of days in the period of delay. For purposes of this Lease, the financial inability of Landlord or the Postal Service to perform any Required Act, including (without limitation)failure to obtain adequate or other financing, shall not be deemed to constitute a Force Majeure Event. A Force Majeure Event shall not be deemed to commence sooner than 15 days before the date on which the party who asserts some right, August 2017 Page 8 of 13 J92LINITEDSTAT — POSTAL V General Conditions to USPS Lease Facility Name/Location County: Lease:Q90000674655 DRAFT defense or remedy arising from or based upon such Force Majeure Event gives written notice thereof to the other party hereto. If abnormal adverse weather conditions are the basis for a claim for an extension of time due to a Force Majeure Event, the written notice shall be accompanied by data substantiating (i)that the weather conditions were abnormal for the time and could not have been reasonably anticipated and (ii)that the weather conditions complained of had a significant adverse effect on the performance of a Required Act.To establish the extent of any delay to the performance of a Required Act due to abnormal adverse weather, a comparison will be made of the weather for the time of performance of the Required Act with the average of the preceding ten (10) years climatic range based on the National Weather Service statistics for the nearest weather reporting station to the Premises. No extension of time for or excuse for a delay in the performance of a Required Act will be granted for rain, snow, wind, cold temperatures, flood or other natural phenomena of normal intensity for the locality where the Premises are located. 9. CLAIMS AND DISPUTES a. This Lease shall be governed by federal law, including but not limited to, the Contract Disputes Act of 1978 (41 U.S.C. 7101-7109) (the "Act"). b. Except as provided in the Act, all disputes arising under or relating to this Lease must be resolved under this clause. c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this Lease. However, a written demand or written assertion by the Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. A claim by the Landlord must be made in writing and submitted to the Postal Service Contracting Officer for a written decision.A claim by the Postal Service against the Landlord is subject to a written decision by the Postal Service Contracting Officer. For Landlord claims exceeding $100,000, the Landlord must submit with the claim the following certification: "I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the Landlord." The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. e. For Landlord claims of$100,000 or less, the Postal Service Contracting Officer must, if requested in writing by the Landlord, render a decision within 60 days of the request. For Landlord-certified claims over$100,000, the Postal Service Contracting Officer must, within 60 days, decide the claim or notify the Landlord of the date by which the decision will be made. f. The Postal Service Contracting Officer's decision is final unless the Landlord appeals or files a suit as provided in the Act. August 2017 Page 9 of 13 J92UNITMSTAT — POSTAL V General Conditions to USPS Lease Facility Name/Location County: Lease:Q90000674655 DRAFT g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used. h. The Postal Service will pay interest on the amount found due and unpaid from: 1. the date the Postal Service Contracting Officer receives the claim (properly certified if required); or 2. the date payment otherwise would be due, if that date is later, until the date of payment. i. Simple interest on claims will be paid at a rate determined in accordance with the Act. j. Landlord must proceed diligently with performance of this Lease, pending final resolution of any request for relief, claim, appeal, or action arising under this Lease, and comply with any decision of the Postal Service Contracting Officer. k. In the event of an alleged Postal Service default where the Postal Service has vacated the Premises, Landlord shall in all events have an affirmative obligation to obtain another tenant for the Premises at a fair market rental and to otherwise mitigate its damages. In no event shall the Postal Service or Landlord be liable for any consequential, punitive, or special damages under this Lease. The parties agree that this restriction shall not apply to liquidated damages, if any, provided for in any workletter or other rider or attachment to this Lease. 10. GENERAL a. Quiet Enjoyment. Without limiting,any rights the Postal Service may have by statute or common law, Landlord covenants and agrees that, provided that the Postal Service is not in default under this Lease, and for so long as this Lease is in full force and effect, the Postal Service shall lawfully and quietly hold, occupy and enjoy the Premises during the term of this Lease from and after Landlord's delivery of the Premises to the Postal Service until the end of the term,without disturbance by Landlord or by any person having title paramount to Landlord's title or by any person claiming by, through or under Landlord. b. Exterior of Building. Landlord shall not place, or allow any other person or entity to place, any advertising, bas reliefs, murals or other decorations on the exterior walls of the area in which the Premises is located nor shall Landlord place, or allow any other person or entity to place any additional landscaping or plantings in such area in excess of that landscaping or planting in existence at the commencement of this Lease. Nothing stated herein is intended to prohibit Landlord from replacing the landscaping or plantings in existence at the commencement of this Lease as needed. c. Recording. Not Applicable d. Subordination, Non-Disturbance and Attornment Agreement. If there is now or will be a mortgage on the property which is or will be recorded prior to the Effective Date, the Landlord must notify the Postal Service of the facts concerning such mortgage. This Lease will be subject and subordinate to the lien of all existing mortgages or deeds to secure debt encumbering the property, provided that Landlord has obtained from such holder of any existing mortgage a Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto. e. Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. August 2017 Page 10 of 13 J92UNITEDSTAT — POSTAL V General Conditions to USPS Lease Facility Name/Location County: Lease:Q90000674655 DRAFT f. Interpretation. Section headings are not a part hereof and shall not be used to interpret the meaning of this Lease. This Lease shall be interpreted in accordance with the fair meaning of its words and both parties certify they either have been or have had the opportunity to be represented by their own counsel and that they are familiar with the provisions of this Lease, which provisions have been fully negotiated, and agree that the provisions hereof are not to be construed either for or against either party as the drafting party. g. Incorporation of Prior Agreements; Amendments. This Lease contains all agreements of the parties as of the date hereof with respect to any matter mentioned herein. No prior agreement, correspondence or understanding pertaining to any such matter shall be effective to interpret or modify the terms hereof. This Lease may be modified only in writing, signed by the parties in interest, at the time of the modification. Landlord specifically acknowledges that the Postal Service's employees at the Premises do not have authority to modify the Lease or to waive the Postal Service's rights hereunder. h. Waivers. No waiver by the Postal Service or Landlord of any provision hereof shall be deemed a waiver of any other provision hereof and no waiver of any breach hereunder by Postal Service or Landlord shall be deemed a waiver of any subsequent breach by the Postal Service or Landlord of the same or any other provision. A party's consent to or approval of any act shall not be deemed to render unnecessary obtaining such party's consent to or approval of any subsequent act. No waiver shall be effective unless it is in writing, executed on behalf of Landlord or the Postal Service by the person to whom notices are to be addressed. i. Holding Over. If the Postal Service remains in possession of the Premises or any part thereof after the expiration of the term, with or without the written iconsent of Landlord, such occupancy shall be on all the terms of this Lease with the exception that the Postal Service will continue to pay either the last rental rate in effect prior to the expiration or termination of the Lease or the fair market value (as determined by the Postal Service in its sole, but reasonable, discretion) of the leasehold, whichever is higher. If the parties agree to and execute a new lease or a lease extension, the rent paid during the holdover period will be adjusted to reflect the rate negotiated by the parties for the new lease or lease extension, and the difference, if any, will be paid to Landlord along with the new rent for the new lease or lease extension, or credited to the Postal Service, if applicable. The Postal Service may terminate the Lease during the holdover period upon 60 days' prior written notice to Landlord without any liability hereunder to Landlord. Failure by the Postal Service to deliver keys to the Premises to Landlord or to remove its personal property therefrom at the end of the Lease term shall not be construed as an act of holdover by the Postal Service. j. Successors and Assigns. Subject to the provisions of this Lease, this Lease shall be binding upon and benefit the parties, their personal representatives, successors and assigns. k. Landlord's Access. Landlord and Landlord's agents shall have the right to enter the Premises upon reasonable prior written notice for the purpose of performing maintenance or repairs that are the responsibility of Landlord under this Lease. The Landlord's right of entry hereunder shall be exercisable only during normal business hours and only on the terms set forth below. All other access to the Premises, including but not limited to showing the property to potential buyers, and within 30 days of the end of the Lease term, showing the property to potential tenants, shall be at the sole discretion of the Postal Service. In the event of emergency requiring access after-hours, Landlord must call the Postal Inspection Service at 1-877-876-2455 Option 2 "Emergency" prior to entry. When entering or performing any repair or other work in the Premises, Landlord, its agents, employees and/or contractors (i) shall identify themselves to the Postal Service's personnel immediately upon entering the Premises, and must be accompanied by a Postal Service employee when not in public areas; and (ii) shall use commercially reasonable, good faith efforts not to materially or unreasonably affect, interrupt or interfere with the Postal Service's use, business or operations on the Premises or obstruct the visibility of or access to the Premises. In the event of substantial, material or unreasonable interference, the Rent and other payments and August 2017 Page 11 of 13 J92UNITEDSTAT — POSTAL V General Conditions to USPS Lease Facility Name/Location County: Lease:Q90000674655 DRAFT reimbursements due or to become due under this Lease all shall be equitably abated if the interference continues for more than 24 hours. In the event such interference shall continue for longer than 6 months, the Postal Service shall have the option to terminate this Lease or continue to operate with rent abatement until the interruption ceases. Notwithstanding the foregoing, in the event that, as a result of any substantial, material or unreasonable interference, the Postal Service is legally required to move any of its business operations, then Landlord shall reimburse the Postal Service for the actual reasonable costs incurred in connection,with such move. I. Calendar Days. All references herein to "days" shall mean calendar days unless specified to the contrary. m. Counterparts. This Lease may be executed in counterparts, which together shall constitute a single instrument. The parties agree that if the signature(s) of either Landlord or the Postal Service on this Lease or any amendments, addendums, assignments, or other records associated with this Lease is not an original but is a digitally encrypted signature, then such digitally encrypted signature shall be as enforceable, valid and binding as, and the legal equivalent to, an authentic original wet signature penned manually by its signatory. n. Notices. Whenever a provision is made under this Lease for any demand, notice or declaration of any kind, or where it is deemed desirable or necessary by either party to give or serve any such notice, demand or declaration to the other party, it shall be in writing and sent by(i) United States mail, certified, postage prepaid or (iii) by Priority Mail Express (overnight), in each instance to the addresses set forth beloworat such address as either party may advise the other from time to time. Notices to the Postal Service shall also include the identification of the facility name and location in such notices. Notices given hereunder shall be deemed to have been given three (3) days after the date of certified mailing or the next business day after being sent by Priority Mail Express (regardless whether the addressee rejects, refuses to sign, or fails to pick up such delivery). To Landlord at: With a copy to: To the Postal Service at: Contracting Officer 475 LEnfant Plaza SW Rm 6670, WASHINGTON, DC 20260-1862 With a copy to: Postmaster/Installation Head Anything in the foregoing to the contrary notwithstanding, in the case of multiple persons or entities comprising Landlord under this Lease or in the case of a person or entity acting as an agent of Landlord, notices to any one of such multiple persons or entities or notice to an agent of Landlord shall be deemed to be sufficient notice to Landlord o. Prompt Payment Act. The provisions of the Prompt Payment Act, 31 U.S.C. § 3901 shall apply to all Postal Service payment obligations under this Lease, including any interest or penalties for late payments. August 2017 Page 12 of 13 J92LINITEDSTAT — POSTAL V General Conditions to USPS Lease Facility Name/Location County: Lease:Q90000674655 DRAFT p. Payment Offsets. As required by 31 U.S.C. 3716, the Postal Service participates in the Treasury Offset Program of the Department of Treasury's Financial Management Service. Payments owed to Landlord from the Postal Service under this Lease are subject to offset in whole or in part to for the Landlord's delinquent tax and non-tax debts owed to the United States and the states and for delinquent child support payments. q. Real Estate Conflict of Interest Certification. As condition to the effectiveness of this Lease, Landlord shall complete and return the "Real Estate Conflict of Interest"form attached to this Lease at the time of Landlord's execution and delivery of this Lease. If Landlord's certification in such form is false, or Landlord breaches the certification and fails to notify the Postal Service Contracting Officer as provided therein, then the Postal Service may (i)withhold rent and all other payments and reimbursements until Landlord remedies the misrepresentation or the Postal Service waives such conflict of interest, (ii) terminate the Lease on a date set forth in the notice to Landlord without penalty, or (iii) exercise any other remedy it may have for damages or injunctive relief. The Postal Service may exercise any or all of the foregoing remedies. 11. FACILITIES NONDISCRIMINATION a. By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees any segregated 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 control where segregated facilities are maintained. b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations, or orders issued under Executive Order 11246. 12. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in the Postal Service's Supplying Principles and Practices, accessible at http://about.usps.com/manuals/spp/html/spp10.htm or by searching www.usps.com. Clause 1-5, Gratuities or Gifts (March 2006) Clause 1-6, Contingent Fees (March 2006) Clause 9-3, Davis-Bacon Act(March 2006) Clause 9-7, Equal Opportunity(March 2006)2 Clause 9-13, Affirmative Action for Handicapped Workers (March 2006)3 Clause 9-14, Affirmative Action for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (February 2010)4 °> Clause B-25, Advertising of Contract Awards (February 2013) Note: For purposes of applying the above standard clauses to this Lease, the terms "supplier," "contractor," and "lessor" are synonymous with "Landlord," and the term "contract" is synonymous with "Lease." 1 For premises with net interior space in excess of 6,500 SF. 2 For leases aggregating payments of$10,000 or more. 3 For leases aggregating payments of$10,000 or more. 4 For leases aggregating payments of$25,000 or more. August 2017 Page 13 of 13 J92UNITEDSTAT — POSTAL SERVICE. Maintenance Rider Landlord Responsibility Facility Name/Location County: Lease:Q90000674655 DRAFT 1. Landlord shall, except as otherwise specified herein and except for damage resulting from, and to the extent of, the negligence of the Postal Service agents or employees (which portion of the damage arising directly from Postal Service agent or employee negligence shall be the responsibility of the Postal Service), maintain the Premises, including the building and any and all equipment, fixtures, systems, common facilities and appurtenances (including but not limited to parking lots, driveways, sidewalks and fencing), whether severable or non-severable, furnished by Landlord under this Lease, in good repair and tenantable condition consistent with standards of comparable buildings and/or projects located in the vicinity of the Property. Landlord's duties under this Rider shall include repair and replacement, as necessary, and includes without limitation: a. Landlord is responsible for inspection, prevention and eradication of vermin, birds, insects, including, without limitation, termites and any other wood-eating insects and for repairs of any damage resulting therefrom. b. Landlord is responsible to repair damages resulting from Acts of God; acts of public enemy, riot or insurrection; and vandalism and damages resulting from fire or other casualty (except to the extent such damages were caused due to the negligence of the Postal Service agents or employees in which case the Postal Service shall be responsible for the portion of repairs caused directly by its negligence). c. Any heating system and air conditioning equipment furnished by Landlord must be properly sized for the facility, must be in good working order at the commencement of the term, and must be maintained and, if necessary, replaced by Landlord to ensure that it remains in good working order and in proper operation; such system and equipment must be capable of cooling the Premises to 68 degrees Fahrenheit (68°F) and heating the Premises to 78 degrees Fahrenheit(78°F)in all enclosed portions of the Premises (excluding any rear vestibule) at all times. In addition, such system and equipment must provide heat to a minimum of 68 degrees Fahrenheit (68°F) and cooling to a maximum of 78 degrees Fahrenheit (78°F) in all enclosed portions of the Premises(excluding any rear vestibule) at all times during the appropriate seasons. Landlord shall be responsible for maintaining and servicing of the heating system and air-conditioning equipment, including, refrigerant and filters per manufacturer's recommendation as required for proper operation of the equipment and for replacing the same at the end of its useful life or earlier. Regardless of whether Landlord is required by the Lease to provide fuel for a heating system as set forth in the USE Rider, any investigative and remediation cost associated with'a release of fuel from the heating system, including any fuel tank, shall be the responsibility of the Landlord, unless, and to the extent that, the release is caused due to the negligence of the Postal Service agents or employees, in which event the Postal Service shall be responsible for a portion of the investigative and remediation costs associated with the release to the extent such release was due directly to the Postal Service's agents' or employees' negligence. d. Boilers (heating and hot water supply) and unfired pressure vessels provided by Landlord as part of the Premises shall be maintained and, if necessary, replaced by the Landlord in accordance with ASME Boiler and Pressure Vessel Code, Sections IV, VI, and VIII; National Fire Prevention Association (NFPA)-70, National Electric Code; and/or ASME Safety Code No. CSD-1, Controls and Safety Devises for Automatically Fired Boilers; ASME A18.1, Safety Standard for Platform Lifts and Chairlifts; NFPA-54, National Fuel Gas Code; and NFPA-31, Oil Burning Equipment Code, as applicable, or as required by local ordinances. Current safety certificates issued by an organization recognized by the National Board of Boiler and Pressure Vessel Inspectors or a federal, state or municipal authority which has adopted the American National Standard Institute/American Society of Mechanical Engineers (ASME) Boiler and Vessel Code, must be provided by August 2017 Page 1 of 4 J92UNITEDSTAT — POSTAL SERVICE. Maintenance Rider Landlord Responsibility Facility Name/Location County: Lease:Q90000674655 DRAFT Landlord for boilers and unfired pressure vessels. In the event local jurisdictions do not require periodic inspection of such equipment, the Postal Service shall have the right to conduct inspections in accordance with the aforesaid codes, and may issue safety certificates, as appropriate. e. Any electrical/power system furnished by Landlord must be properly sized for the facility, must be in good working order at the commencement of the term, and must be maintained and, if necessary, replaced by Landlord to ensure that it remains in good working order and in proper operation. f. Whether public or private water or sewer systems are provided, said systems (including potable water) must be properly sized for the facility and be maintained in good working order at all times during the term and replaced by Landlord as necessary to ensure that the same remain in good working order as aforesaid, including any inspections that may be required. g. Landlord shall paint all interior and exterior previously painted surfaces as follows: no later than six (6) months following the start of the Lease term, unless painted within 60 months prior to the Commencement Date, and at least once every five (5) years during the continuance of the Lease term unless required more often because of damage from fire or other casualty. Landlord is required to apply only one coat of paint. If additional coats are required by the Postal Service,the Postal Service will be responsible for cost of additional coats of paint, including application costs. Landlord shall coordinate the painting schedule in advance with the Postal Service's on-site facility manager. The Postal Service will be responsible for moving furniture and equipment away from walls as required, provided that Landlord gives the Postal Service at least 60 days prior notice of the need to do so, and provided that Landlord shall not conduct any type of painting (interior or exterior) during the period beginning October 1 and ending January 30 during the Lease term. h. Any elevators, escalators and/or dumbwaiters provided by the Landlord as part of the Premises shall be maintained in goodworkingorder throughout the term, and, if necessary to ensure that the same remain in good working order and in proper operation, replaced by the Landlord in accordance with ASME A17.1, Safety Code for Elevators, Escalators, Dumbwaiters, and Moving Walks; ASME A17.2, Elevator Inspectors Manual; ASME A17.3 Safety Code for Existing Elevators and Escalators; ASME A17.4, Emergency Evacuation Procedures for Elevators; and ASME A17.5, Elevator and Escalator Electrical Equipment. Landlord must ensure that current safety certificates for elevators, dumbwaiters and escalators are issued by an organization authorized to inspect in accordance with the ANSI/ASME Code for Elevators, Dumbwaiters and Escalators or appropriate federal, state or municipal authority. In the event local jurisdictions do not require periodic inspection of such equipment, the Postal Service shall have the right to conduct inspections in accordance with the aforesaid codes. i. Any wiring, including, but not limited to, wiring for the Electronic Security and Surveillance Equipment (ESS), Closed Circuit Television (CCTV), Very Small Aperture Terminal (VSAT), Criminal Investigation System (CIS), Intrusion Detection System (IDS), etc., installed by Landlord shall be maintained, and if necessary, replaced by Landlord. However, the Landlord shall not attempt any maintenance of, or repair of, or interfere with, the actual security, telephone, or telecommunications equipment, such as cameras, consoles, monitors, satellite dishes, telephone handsets, and Point-of-Service (POS) equipment. j. Landlord is responsible for all utilities including all systems and structures and the components thereof which deliver such utility services to the Premises, including but not limited to base building plumbing, pipes, conduit, wiring, and related components located within the facility including, without limitation, behind walls, August 2017 Page 2 of 4 J92UNITEDSTAT — POSTAL SERVICE. Maintenance Rider Landlord Responsibility Facility Name/Location County: Lease:Q90000674655 DRAFT under floors and inside ceilings. This excludes additional systems and/or structures that were specifically installed by the Postal Service or its contractors for the Postal Service's particular furniture, fixtures, and equipment (FF&E) needs. 2. Notwithstanding anything herein to the contrary, the Postal Service shall, except for damage resulting from, and to the extent of, the negligence of Landlord, maintain the following items at the Premises if originally installed by the Postal Service: flag poles, dock lifts, roll-up customer service windows, roll-up doors, scissor lifts, electronic security systems, and lobby and back-door locks. The Postal Service'sduties include repair and replacement, as necessary, and shall be fulfilled at such time and in such manner as the Postal Service reasonably considers necessary to keep such items in proper condition during the Lease term. The Landlord shall be responsible for the portion of maintenance, repair and replacement costs for damage to such items resulting directly from its negligence. 3. Whenever the Landlord's obligation for maintenance, repair, or replacement arises under this Lease, Landlord shall make all repairs promptly but in any event within the time period provided in the Postal Service's notice to Landlord and submit photographs of the completed repair to the Postal Service at the address designated in such notice provided by the Postal Service. If Landlord fails to make such repairs within the time period set forth in the Postal Service's notice to Landlord (except when the repairs require more time than as provided in the Postal Service's notice to Landlord and Landlord proposes another time period for completion acceptable to the Postal Service), the Postal Service may(i) perform the maintenance, repair, or replacement (by contract or otherwise) and recover the cost plus any administrative cost and/or interest, from the Landlord and from Rent and other payments and reimbursements due or to become due to Landlord, or (ii)terminate the Lease on a date specified by the Postal Service in the notice to Landlord. Notwithstanding the foregoing, in the event of an emergency (as reasonably determined by the Postal Service), the Postal Service may give Landlord such shorter notice as is practicable under the circumstances, including by telephone, and if Landlord fails to make such repairs immediately, the Postal Service may immediately perform the maintenance, repair, or replacement (by contract or otherwise) and recover the cost plus any administrative cost and/or interest, from Landlord and from Rent and other payments and reimbursements due or to become due to Landlord. The Postal Service may abate Rent and all other payments due or to become due under this Lease for any period the Postal Service reasonably determines all or any portion of the Premises, any common areas of the Property providing access to the Premises, or parking areas are untenantable or unfit for the Postal Service's use. The remedies provided in this section are non-exclusive and are in addition to any remedies available to the Postal Service under applicable law. 4. In performing the maintenance, repair and/or replacement obligations under this Lease, Landlord must: a. comply with applicable Occupational Safety and Health Standards, title 29 Code of Federal Regulations (CFR) (including but not limited to Parts 1910 and 1926), promulgated pursuant to the authority of the Occupational Safety and Health Act of 1970 (OSHA); b. comply with any other applicable federal, state, or local regulation governing workplace safety to the extent they are not in conflict with section (a) above; and August 2017 Page 3 of 4 J92UNITEDSTAT — POSTAL SERVICE. Maintenance Rider Landlord Responsibility Facility Name/Location County: Lease:Q90000674655 DRAFT c. take all other proper precautions to protect the health and safety of: (1) any laborer or mechanic employed by the Landlord in performance of this Lease; (2) Postal Service employees; and (3) the public. Landlord must include this clause in all contracts hereunder and require its inclusion in all subcontracts of a lower tier. The term "Landlord" as used in this clause in any contract must be deemed to refer to the contractor. August 2017 Page 4 of 4 LINITMST AJ92— POSTAL SERVICE. Tax Rider Percentage Reimbursement of Paid Taxes Facility Name/Location County: Lease:Q90000674655 DRAFT Assessor's Parcel Number: a. Definitions Ad Valorem means according to the value of the property. Property 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$1.00 of assessed value as set by authorities for tax jurisdictions, which is applied to the value of the land, improvements on the land, or both, to determine some kinds of Real Property Taxes. Real Property Taxes, 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 its jurisdiction, whether such activities are general or specifically identified. Real Property Taxes also include administrative charges or fees imposed by a taxing authority, including those for the support of its assessment and;collection activities and any future taxes or charges imposed upon Landlord or assessed against the Property which are in the nature of or in substitution for real estate taxes, including any tax levied on or measured by rents payable. b. Landlord agrees to pay all taxes of any kind, including Real Property Taxes, and fees of every kind and nature levied on the Premises. c. The Postal Service will reimburse Landlord 0% ("Tenant's Share") of the total paid Real Property Taxes in accordance with this Tax Rider.Tenant's Share shall be determined by a fraction, the numerator of which is the square feet of floor area in the premises and the denominator of which is the square feet of floor area of all building or buildings in the Property, as may be changed from time to time. Tenant's Share was computed as follows: ENTER CALCULATION 1. Landlord may submit not more than one request for reimbursement in any calendar year, irrespective of the number of taxing authorities 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 net paid taxes, less Tenant's Share of the maximum discount allowed by the taxing authority for prompt or early payment, regardless of whether Landlord actually received any such discount. 4. Reimbursement will be made only for taxes levied for periods of time within the term of this Lease in accordance with the provisions of this Lease. 5. In order to qualify for reimbursement, the tax bill as issued by the taxing authority must include the Premises. 6. Landlord must provide copies of the front and back of the complete tax bill issued by the taxing authority, along with satisfactory proof of payment. Satisfactory proof of payment shall be (i) 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, (iii) a statement from a lender verifying payment of the tax, or (iv) other documentation reasonably satisfactory to the Postal Service. 7. Incomplete or improper requests for reimbursement will be returned to Landlord without payment. 8. Landlord must include the city, state, and the Postal Service facility ID# as set forth in the header on this Lease on the request for reimbursement. August 2017 Page 1 of 3 UNITEDST AJ92— POSTAL SERVICE. Tax Rider Percentage Reimbursement of Paid Taxes Facility Name/Location County: Lease:Q90000674655 DRAFT 9. Landlord agrees to submit a request for reimbursement of taxes within 18 months after the date of payment by Landlord. In the event Landlord fails to submit its request for reimbursement within that time period, the Postal Service is not required to reimburse paid taxes. d. The Landlord must promptly furnish to the Postal Service copies of all notices that may affect the valuation of the Premises for Real Property Tax purposes or that may affect the levy or assessment of Real Property Taxes thereon. If Landlord does not timely furnish such notices relating to valuation changes or the levy or assessment of taxes or fails after being requested in writing by the Postal Service to meet any legal prerequisite for appeal, and as a result the Postal Service loses the ability to exercise its right, as stated in e. below, to contest the validity or the amount of the taxes, then the Postal Service shall be responsible to reimburse Landlord for only 75% of Tenant's Share of the reimbursable taxes due for the year involved. All notices required under this paragraph must be delivered within 10 days from the receipt thereof by Landlord in accordance with the delivery methods of Section 10(n) of the General Conditions to USPS Lease but to the following address: Contracting Officer 475 LEnfant Plaza SW Rm 6670 WASHINGTON, DC 20260-1862 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 Postal Service or of the Landlord or in the names of both. Notwithstanding any contest of valuation, Property Tax Rate, levy or assessment, Landlord must pay under protest the Real Property Taxes involved when requested to do so by the Postal Service. The Landlord, upon reasonable notice and request by the Postal Service, must join in any proceedings, must cooperate with the Postal Service, and must execute and file any documents or pleadings as the Postal Service may require for such;;proceeding, provided the Landlord is reasonably satisfied that the facts and data contained therein are accurate. Landlord will not be responsible for the payment of expenses, penalties, costs, and legal expenses in connection with any protest or appeal proceedings brought by the Postal Service, and the Postal Service will reimburse the Landlord for any such expenses, penalties, costs, and legal expenses actually and reasonably paid by Landlord. Landlord hereby authorizes the Postal Service as its agent to represent its interest in any appeal or protest proceeding authorized under this paragraph. f. Landlord shall promptly notify the Postal Service of any appeal or other action it takes or initiates to adjust any valuation of the property, Property Tax Rate, or levy or assessment of Real Property Taxes. The Postal Service will not be responsible for the payment of expenses, penalties, costs, and legal expenses in connection with any protest or appeal proceedings brought by Landlord, but shall be entitled to Tenant's Share of 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 Landlord, Landlord must immediately forward Tenant's Share to the Postal Service. If Landlord is informed that he is entitled to a refund or remission of monies paid as Real Property Taxes upon the submission of an application, Landlord 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 Tenant's Share of refund and remission payments not so obtained or forwarded, against Rent or other payments due the Landlord. 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 Premises. Landlord shall take all necessary steps to obtain such exemptions or abatements. The Postal Service reserves the right to offset against Rent or other payments due the Landlord the amount or value of any abatement or exemption that would have been available if Landlord had properly applied for it, and any amount for which the Postal Service is not to be responsible under paragraph (d), above. August 2017 Page 2 of 3 UNITEDST AJ92— POSTAL SERVICE. Tax Rider Percentage Reimbursement of Paid Taxes Facility Name/Location County: Lease:Q90000674655 DRAFT h. Nothing herein contained shall operate to waive or deprive the Postal Service of any rights, privileges or immunities it enjoys under law. i. In the event that the site is enlarged or decreased, or the Building is altered in any way that may affect the assessment value of the total Property, the percentage shown in paragraph c. above, shall be recomputed to reflect the correct proportion of the value of the Premises to the relative value of the total Property. August 2017 Page 3 of 3 J92LINITEDSTATES — POSTAL SERVICE. Utilities, Service, & Equipment Rider Facility Name/Location County: Lease:Q90000674655 DRAFT 1. HEAT Landlord must furnish a heating system in good working order at the commencement of the Lease term. The Postal Service pays all recurring fuel charges, provided such charges are separately metered, at Landlord's expense, for the Postal Service's consumption. 2. AIR CONDITIONING Landlord must furnish air conditioning equipment in good working order at the commencement of the Lease term. The Postal Service pays all recurring power charges for the air conditioning equipment, provided such charges are separately metered, at Landlord's expense, for the Postal Service's consumption. 3. ELECTRICITY Landlord must furnish and maintain an electrical system in accordance with the Maintenance Rider. The Postal Service will pay all recurring electric bills, provided such charges;are separately metered, at Landlord's expense, for the Postal Service's consumption. 4. LIGHT Landlord must provide light fixtures in good working order and maintain, repair and replace the same to ensure that the light fixtures remain in good working order throughout the Lease term. Landlord is not responsible for replacement of light bulbs. 5. WATER Landlord must furnish and maintain at all times throughout the Lease term a potable water system in good working order, in accordance with the Maintenance Rider. The Postal Service pays for all recurring water charges, provided such charges are separately metered, at Landlord's expense, for the Postal Service's consumption. 6. SEWER Landlord must furnish and maintain at all times throughout the Lease term a sewer system in good working order, in accordance with the Maintenance Rider. The Postal Service pays for all recurring sewer charges, provided such charges are separately metered, at Landlord's expense, for the Postal Service's use. 7. TRASH Landlord agrees to furnish and pay for all trash removal for the Premises. Landlord may, however, include charges and fees associated with trash removal in the CAM Costs, and the Postal Service will reimburse the same in accordance with the CAM Rider attached to this Lease. 8. SNOW Landlord agrees to furnish and pay for the timely (but in no event later than as required by local law) removal of snow and ice from the roof and the sidewalks, driveway, parking and maneuvering areas, and any other areas providing access to the Premises for use by the Postal Service's employees, contractors, or the public (including, but not limited to, stairs, handicap access ramps, carrier ramps, etc.). August 2017 Page 1 of 2 J92LINITMSTATES — POSTAL SERVICE. Utilities, Service, & Equipment Rider Facility Name/Location County: Lease:Q90000674655 DRAFT 9. CUSTODIAL SERVICES The Postal Service agrees to furnish and pay for all custodial services for the Premises. August 2017 Page 2 of 2 J92UNITEDSTATES Subordination, Non-Disturbance and Attornment — POSTAL SERVICE. Agreement Facility Name/Location County: Lease:Q90000674655 DRAFT THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT (this "Agreement"), dated this day of , 20 between the UNITED STATES POSTAL SERVICE, an independent establishment of the Executive Branch of the government of the United States ("the Postal Service") and ("Mortgagee"), having its principal place of business at RECITALS: ' A. The Postal Service is the tenant under that certain lease executed between the Postal Service and ("Landlord")dated [as amended by dated as of 1 ([the lease and all amendments thereto are] hereinafter referred to as the "Lease"), covering all or a portion of property legally described in Schedule A attached hereto and made a part hereof(the"Property"). B. Mortgagee has made a loan (the "Loan") to Landlord which is secured, in part, by the lien of a mortgage and an assignment of leases and rents, each executed and delivered by Landlord to Mortgagee encumbering the Property (collectively, the "Mortgage"). NOW, THEREFORE, in consideration of the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Subordination. The Lease and all terms thereof, including, without limitation, any options to purchase, rights of first refusal, and any similar rights, are and shall be subject and subordinate to the lien of the Mortgage, and to all amendments, modification, replacements and extensions thereof, to the full extent of the principal, interest, fees, expenses and all other amounts secured thereby. 2. Non-Disturbance. In the event of a foreclosure of the Mortgage, provided that at the time of the commencement of any such action or proceeding the Postal Service shall not be in default under any of the terms of the Lease beyond the expiration of any applicable notice or grace periods, Mortgagee agrees for itself and its successor and assigns that it will not join the Postal Service in summary or foreclosure proceedings unless applicable law requires Mortgagee to join all commercial occupants of the Property in such proceedings and then such joinder shall be for notice purposes only and that the leasehold interest of the Postal Service under the Lease shall not be extinguished or terminated by reason of such foreclosure, but rather the Lease shall continue in full force and effect and Mortgagee shall recognize and accept the Postal Service as tenant under the Lease subject to the terms and provision of the Lease. Nothing herein shall be construed as a waiver of the Postal Service's sovereign immunity or as a consent or agreement by the Postal Service to subject itself to the jurisdiction of any state or local governmental entity or court of law. 3. Attornment. Upon the conveyance of the Property by reason of the foreclosure of the Mortgage or the acceptance of a deed or assignment in lieu of foreclosure or otherwise, the Lease shall not be terminated or affected thereby as provided in this Agreement, and the Postal Service agrees to attorn to the transferee of the August 2017 Page 1 of 5 J92UNITEDSTATES Subordination, Non-Disturbance and Attornment — POSTAL SERVICE. Agreement Facility Name/Location County: Lease:Q90000674655 DRAFT Property (the "Transferee") as the landlord under the Lease and the Transferee shall accept such attornment; provided, however, if requested by Transferee, the Postal Service shall execute a new lease with the Transferee, for a term equal to the remaining term of the Lease and otherwise containing the same provisions and covenants and in form acceptable to the Postal Service. 4. Notice to Mortgagee. Prior to terminating the Lease due to a default by Landlord thereunder, the Postal Service agrees to notify Mortgagee of such default in writing and give Mortgagee the opportunity to cure such default within thirty (30) days of Mortgagee's receipt of such notice, or if such default cannot reasonably be cured within such thirty (30) day period, Mortgagee shall have such longer time as may be necessary to cure the default provided that Mortgagee commences the cure within such period and diligently pursues the cure thereafter, but not to exceed sixty (60) days after Mortgagee's receipt of the notice, 5. Notices. All notices or other written communications hereunder shall be deemed to have been properly given if delivered in accordance with the delivery methods under the Lease, addressed to the Postal Service at the addressed identified in the Lease and addressed to Mortgagee at the address identified above. 6. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties hereto. 7. No Oral Modifications. This Agreement can be modified only in writing duly executed by both parties. 8. Choice of Law. This Agreement shall be governed and interpreted in accordance with Federal Law, however if there is no applicable Federal law then the law of the state where the Premises are located shall be applied. Venue shall lie only in the Federal courts. 9. Duplicated Originals; Counterparts. This Agreement may be executed in any number of duplicate originals and each duplicate original shall be deemed to be an original. This Agreement may be executed in several counterparts, each of which counterparts shall be deemed an original instrument and all of which together shall constitute a single Agreement. The failure of any party hereto to execute this Agreement, or any counterpart hereof, shall not relieve the other signatories from their obligations hereunder. [Signature Page Follows] August 2017 Page 2 of 5 J92UNITEDSTATES Subordination, Non-Disturbance and Attornment — POSTAL SERVICE. Agreement Facility Name/Location County: Lease:Q90000674655 DRAFT IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and the year first above written. MORTGAGEE: BY: NAME: TITLE: Subscribed and Sworn to before me, a notary public, in and for County, State of this day of Notary Public My commission expires POSTAL SERVICE: UNITED STATES POSTAL SERVICE BY: NAME: TITLE: August 2017 Page 3 of 5 J92UNITEDSTATES Subordination, Non-Disturbance and Attornment — POSTAL SERVICE. Agreement Facility Name/Location County: Lease:Q90000674655 DRAFT Subscribed and Sworn to before me, a notary public, in and for County, State of this day of Notary Public My commission expires August 2017 Page 4 of 5 J92LINITMSTATES Subordination, Non-Disturbance and Attornment — POSTAL SERVICE. Agreement Facility Name/Location County: Lease:Q90000674655 DRAFT SCHEDULE A (to SNDA) LEGAL DESCRIPTION Provide Floorplan August 2017 Page 5 of 5 J92UNITEDSTAT — POSTAL SERVICE. Renewal Option Rider (Market Value) Facility Name/Location County: Lease:Q90000674655 DRAFT The Postal Service may exercise an option to renew this Lease pursuant to Paragraph 4, and given that the Lease does not designate a specific rental rate; the parties shall determine the appropriate,;market value rent for that renewal term as follows: 1. Not less than 12 months prior to the expiration of the then current lease term, the Postal Service shall give written notice to Landlord advising Landlord of the Postal Service's opinion of the appropriate market value rent of the Premises, which shall be stated as a flat annual rate for the duration of the renewal option period. This opinion shall be based on an appraisal procured by the Postal Service at its sole cost and performed by a "Qualified Appraiser(as defined herein) prepared in accordance with the professional appraisal standards and practices as outlined in the Uniform Appraisal Standards for Federal Land Acquisitions, Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) of 1989 and current version of the Uniform Standards of Professional Appraisal Practice (USPAP), as applicable (as applicable, each an "Appraisal Standard"). If certain approaches or requirements outlined in the applicable Appraisal Standard are not applicable to the subject assignment, such appraisal report must identify that approach or requirement, together with a brief explanation for its omission. Upon request, a copy of the appraisal's summary page/transmittal letter shall be provided to Landlord. A'Qualified Appraiser' is an individual who holds a Certified General Appraiser license in the state or territory where the subject property is located and currently holds an MAI designation from the Appraisal''Institute. 2. If Landlord disagrees with the written notice from the Postal Service advising Landlord of the Postal Service's opinion of the appropriate market value rent for the Premises, then Landlord shall at its sole cost within 30 days following receipt of such written notice from the Postal Service, procure an appraisal by a Qualified Appraiser prepared in accordance with the applicable Appraisal Standard. A copy of the appraisal's summary shall be provided to the Postal Service. If Landlord fails to provide an appraisal summary as specified herein, then the renewal term rent shall be the market value rent established by the Postal Service's appraisal in which event, the Postal Service shall then timely exercise the renewal option at such rent. 3. If Landlord's appraisalsummary amount is within 10% of the Postal Service's appraisal summary amount, then the renewal term rent shall be the arithmetic average of the two appraisal summaries. The Postal Service shall then timely exercise the renewal option. If the difference between the two appraisal summaries is greater than 10%, Landlord and Postal Service shall attempt to agree in writing on the market value rent during the 30 day period following delivery of the Landlord's appraisal summary to the Postal Service (the "final negotiation period"). If the parties reach agreement on the market value rent, the Postal Service shall timely exercise the renewal option. If the parties are unable to reach agreement during the final negotiation period, then Landlord shall provide the Postal Service with a list of three Qualified Appraisers within 10 days after request from the Postal Service. The Postal Service shall select one appraiser from this list to perform an appraisal review (or, if Landlord fails to provide a list, the Postal Service shall select an appraiser) (the "Third Appraiser"). Within 30 days, the Third Appraiser shall review both full narrative appraisal reports, establish an appropriate annual market value rent for the renewal term and forward copies of the completed appraisal review to the Postal Service and Landlord. The Postal Service then may, but shall not be obligated to, timely exercise the renewal option. If the Postal Service elects to exercise the renewal option, the rent shall be established at 95% of the annual rental amount determined by the Third Appraiser for the renewal term of the Lease. 4. Landlord and Postal Service shall share equally the cost of the Third Appraiser, as follows. The Postal Service shall contract for the Third Appraiser using its standard Contract for Real Estate Services. Landlord shall reimburse the Postal Service 50% of the cost of the Third Appraiser within 60 days of presentation of the Third Appraiser's invoice(s). If Landlord fails to pay this 50% share within said time period, the Postal Service may deduct that amount from the following month's rent without further notice to Landlord. August 2017 Page 1 of 2 J92UNITEDSTAT — POSTAL SERVICE. Renewal Option Rider (Market Value) Facility Name/Location County: Lease:Q90000674655 DRAFT 5. If the parties have not completed the appraisal/market value rent determination process and the date for the Postal Service to exercise the renewal option is approaching, the Postal Service shall timely exercise the renewal option at the Postal Service appraiser's market value rent figure (pursuant to paragraph 1 above) and shall not be considered a holdover tenant; provided that if the parties fail to complete the appraisal/market value rent determination process prior to the date for the Postal Service to exercise the renewal option due to the failure of the Postal Service to begin the rent determination process within the time frame set forth in paragraph 1 above, then if the Postal Service elects to exercise the renewal option, the rent for that renewal period shall be the Landlord's appraiser's market value rent figure (unless Landlord did not timely procure its appraiser's market value determination, in which event the Postal Service appraiser's market value rent figure shall apply). Once the renewal term's appropriate market value rent has been determined as noted above, the Postal Service will either pay to Landlord any incremental rental increase for this interim period or deduct any incremental rental decrease for this interim period from rent or other payments due to Landlord under the Lease. August 2017 Page 2 of 2 ATTACHMENT"D" PROPOSAL CHECKLIST This checklist is provided as an abbreviated reference to Paragraph 10, Proposal Submission Requirements. This checklist is NOT intended to replace the requirements of Paragraph 10: 1. Provide a general written statement describing the qualifications and background of the proposer including any financial (equity) partner. 2. Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. 3. An acknowledgement letter attesting that the proposer has read and understands all procedures and requirements of this RFP/RFQ. 4. Provide a list of proposer's key personnel that will be directly involved in proposed Project's development or management team, along with their professional qualifications, and a list of similar projects on which they have actively participated. Provide no less than three and no more than ten related projects for this item. 5. Provide a written list of similar projects developed by the proposer, or companies controlled by its principals, and proposer's team that were completed within the last ten (10) years, including photographs, addresses, dates the projects were completed, and general projectdescription. 6. Provide:a brief profile for each member of the development team other than the proposing developer,as well as the resumes of the key personnel who would be assigned to the Project. 7. State whether the proposed Project is confined to the property offered by the BBCRA or if it utilizes adjacent property the proposed variances or changes; and, (2) a proposed concept with the proposed variances or changes. 8. Provide a Construction Staging and Sequencing Plan including nature and timing of on- and off-site impacts. 9. Provide a detailed description of the proposed Project, with text, tabulations and graphics. 01783717-1 Page 20 of 33 10. Provide a proforma financial analysis including a development budget with a detailed breakdown of all Project pre-development costs, other soft and financing costs, property acquisition from the BBCRA (and others if additional properties are included in the Proposal), construction and other hard costs and post-construction period sales or other development costs, a sources and uses statement clearly identifying the sources and amounts and terms of all of the proposed debt and equity funding sources to pay for the Project.A proposer may submit the requested breakdown information under a format of their own choosing but must also complete the Proposed Project Funding Uses and Sources Information form provided as Attachment "F". 11. If the Project is proposed to use funding subsidies from the BBCRA or other qualified entities, proposer must provide a list of those entities and demonstrate experience with obtaining such project-based subsidies for workforce housing by listing projects and the amount and type of subsidy utilized or other information that would support proposer's ability to secure such financing. 12. Provide a description of how the proposer will make attempts to utilize local qualified contractors, and sub-contractors, and laborers in the proposed Project as well as pre-apprenticeship or apprenticeshiptraining.._ Documentation of this effort will be required as part of the project monitoring. 13. Provide proof of financial capability to complete the proposed Project. Financial capability will be demonstrated by submitting a current (audited, if available) financial statement of the proposing entity, or underlying entity if proposing entity was recently created, which includes a balance sheet, a three-year statement of past income, and a projected one-year income statement for the current fiscal year for the proposer (and its parent entity if proposer is_a subsidiary). 14. A signed written statement of intent to purchase the Project Site indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection if selected. 15. Provide authorization to perform credit checks for each proposer or business entity. The authorization must be executed by the appropriate officer of proposer entity (see Attachment"G, GJ." Disclosure and Authorization to Perform Credit Check forms). 16. A list of all civil and criminal legal actions in which each proposer entity (and its parent entity if it is a subsidiary) is currently a named party or was a named party in the past four(4) years. If there are none, provide a written statement to this fact. 01783717-1 Page 21 of 33 17. Provide a statement as to whether the proposer is in arrears of any taxes or other financial obligations to the BBCRA, City, or any other municipal or state entities. If there are none, provide a written statement to this fact. 18. Provide a PowerPoint presentation of the proposal, consisting of no more than fifteen (15) slides. with maximum of three (3) slides dedicated to proposer's past history and experience information. 19. Providing executed form verifying that the proposer has met with City of Boynton Beach Planning and Development Department staff to review the Land Development Regulation requirements and development review processes applicable to the Project being proposed (see Attachment"H,"City of Boynton Beach Planning and Development Department Meeting Verification Form). 20. All other requirements contained in this RFP/RFQ, including all attachments that which require information from the proposer. 21. An acknowledgement letter attesting that the proposer has read and understands all procedures and requirements of this RFP/RFQ- (see Attachment "I," Acknowledgement Letter). 22. Provide authorization to check references. The authorization must be executed by the appropriate officer of proposerentity. (See Attachment "M" Authorization for Release of Information.) 01783717-1 Page 22 of 33 ATTACHMENT"E" PROPOSER(S) INFORMATION Name: Street Address: Mailing Address (if different): City, State, Zip: Telephone No. : Fax No: Email Address of Contact Person: Ownership Status - Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to the organization and management efforts. Age of Organization— In continuous business since: Leadership - List Corporate Officers, Principals,Partners or owners of your Organization with titles and addresses. If a publicly held company, list Chairman of the Board, CEO, and President: Federal Identification No.: State of Incorporation & Registration No.: If not a corporation, explain your status: 01783717-1 Page 23 of 33 ATTACHMENT"F" PROPOSED PROJECT FUNDING USES AND SOURCES INFORMATION Project Uses and Sources Land Costs - Soft Costs - Construction Costs - Carrying Cost/Financing Costs - Marketing and Sales Costs - Permit and Impact Fee Costs - Developer Overhead and Profit - Total Project Cost - Capital Stack Propose r/Developer„Equity $ - Outside Capital Investor Equity $ - Mortgage or Financed Amount $ - Amount of BBCRA contribution requested, if any $ - Other funding as identified $E- - Funding Total $ - 01783717-1 Page 24 of 33 ATTACHMENT"G" DISCLOSURE AND AUTHORIZATION TO PERFORM CREDIT CHECK For Principal/Owner: (Please use a separate form for each principal/owner) As Principal/Owner of proposer, I (name) hereby affirm I have read the above disclosure, and consent to and authorize the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into my credit worthiness. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of my credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S., and I may request a copy of any information provided to the BBCRA as part of the BBCRA's investigation into my credit worthiness. I grant such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. I hereby waive any and all claims, past present or future, which 1 may have against the BBCRA by reason of any credit investigation made pursuant to my consent and authorization herein given to the BBCRA. Proposer Name: Principal/Owner Name: Date of Birth: Current Home Address: Previous Home Address: Email: Phone#: Signature: Date: Print Name: 01783717-1 Page 25 of 33 ATTACHMENT "G.i." AUTHORIZATION TO PERFORM CREDIT CHECK For Proposer (Business Entity): The proposer hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the proposer. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the proposer's credit worthiness on behalf of the BBCRA, including;independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. proposer grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. This proposer hereby waives any and all claims, past present or future, which the proposer may have against the BBCRA by reason of any credit investigation made pursuant to proposer's consent and authorization herein given to the BBCRA. An authorization to Perform Credit Check will need to be completed by each Principal/Owner and by the Business. Proposer(Business) Name (D/B/A if applicable): Current Business Address: Federal Tax ID# State of Incorporation: Phone #: Fax#: Authorized Signature: Date: Print Name: Title: 01783717-1 Page 26 of 33 ATTACHMENT"H" CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT DEPARTMENT MEETING VERIFICATION FORM Proposer(s): has(have) met with the City's Planning & Development Department to review the development that will be proposed at 401, 407 & 411 E. Boynton Beach Boulevard consisting of the following addresses and Property Control Number(s): Attachment "A"Aerial Map/Parcel Map (check all applicable) ❑ BBCRA-owned Parcels Property Control Numbers 401 E. Boynton Beach Boulevard 08434521 180000060 407 E. Boynton Beach Boulevard 08434521180000051 411 E. Boynton Beach Boulevard 08434521 180000040 General Summary of Proposed Mixed-Use Development (check all applicable): ❑ Approximate Gross Area of Non-residential/Commercial Uses s.f. ❑ Approximate Total Number Market Rate Residential Units ❑ Total # Rental Units ❑ Total # For Sale/Condo Units ❑ Approximate Total Number of Workforce Housing Units ❑ Total # Rental Units ❑ Total # For Sale/Condo Units ❑ Other Uses Approximate Overall Height feet Approximate Number of Stories Approximate Total Parking Spaces (including additional Public Parking Spaces) Pre-development/Entitlement Applications (check all applicable): ❑ Future Land Use Amendment ❑ Rezoning ❑ Conditional Use for ❑ Site Plan Approval ❑ Replat ❑ Other City of Boynton.Beach Planning & Development Dept. Staff Name/Signature: Date: 01783717-1 Page 27 of 33 ATTACHMENT"I" ACKNOWLEDGMENT LETTER PROPOSER(S) SHALL INCORPORATE THIS ACKNOWLEDGEMENT LETTER IN THEIR SUBMITTAL PACKAGE Re: Boynton Beach Community Redevelopment Agency Request for Proposal/Request for Qualifications (RFP/RFQ) dated United States Postal Service Boynton Beach Downtown Station Project To Whom It May Concern: The undersigned has read the Boynton Beach CRA (BBCRA) Request for Proposal/Request for Qualifications (RFP/RFQ) for the United States Postal Service Boynton Beach Downtown Station Project dated September 30, 2022. On behalf of proposer identified below and our proposal team, we agree to and accept the terms,specific limitations, and conditions expressed therein. We have read, rely upon, acknowledge and accept the BBCRA's disclosure and disclaimer, which is fully incorporated by reference into this letter, and certify that all of the requirements as described in the RFP/RFQ are met and all required documents are enclosed. We further certify that all information presented in this proposal, and all of the information furnished in support of the proposal, is true and complete to the best of our knowledge and belief, and we are aware of the fact that making false statements or presenting false information that results in an Agreement may be penalized to the maximum extent allowed by law. Sincerely,, Name of Proposer Print Name and Title Authorized Signature Date 01783717-1 Page 28 of 33 ATTACHMENT "1" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Request for Proposals and Developer Qualifications United States Postal Service Boynton Beach Downtown Station Proiect By entering checking YES or NO in the space provided and indicating date received. No. 1 ❑ Yes ❑ No Date No. 2 ❑ Yes ❑ No Date No. 3 ❑ Yes ❑ No Date No. 4 ❑ Yes ❑ No Date No. 5 ❑ Yes ❑ No Date RFP/RFQ INFORMATION WAS OBTAINED FROM: ❑ BBCRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Authorized Signature Print Name Title 01783717-1 Page 29 of 33 ATTACHMENT"K"PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids, proposals, or replies on leases of real property to a public entity; be awarded or perform work as a contractor, supplier,subcontractor or consultant under a contract with any public entity;or transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that proposer has not been placed on the convicted vendor list within the past 36 months and complies fully with the above requirements. Proposer Name Authorized Signature Print Name Title Date 01783717-1 Page 30 of 33 ATTACHMENT"L" CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify that , the proposer responding to this RFP/RFQ, maintains a drug-free workplace program, and that the following conditions are met: (1) Proposer publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying the actions that will be taken against employees for violations of such programs. (2) Proposer informs employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any ._available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Proposer gives each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection(1). (4) In the statement specified in Subsection (1), proposer notifies the employee that, as a condition of working in the commodities or contractual services covered under this RFP/RFQ, he/she will abide by the terms of the statement; and will notify the employer (proposer) of any conviction of, or pleaof guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Proposer imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is convicted. (6) Proposer makes a good faith effort to continue to maintain a drug-free workplace through implementation of this Section 287.087, Florida Statutes. As the person authorized to sign the statement, I certify that proposer complies fully with the above requirements. Authorized Signature: Date Name &Title (typed) 01783717-1 Page 31 of 33 ATTACHMENT"M" AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the Boynton Beach Community Redevelopment Agency(BBCRA) or the City of Boynton Beach any information in your possession regarding the undersigned either of a professional credit or personal nature including the statement of your opinions with regard to the undersigned's professional credit and personal character, or of the proposer identified below. The undersigned also authorizes you to release to the Boynton Beach Community Redevelopment Agency(BBCRA) or the City of Boynton Beach any information in your possession regarding the business identified as "proposer" below. By Print Name: Title: Proposer(Business) Name (D/B/A if applicable); Current Business Address: Federal Tax ID# State of Incorporation: STATE OF FLORIDA COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me this day of ,,20 , by who is personally known to me or who has respectively produced as identification and did not take an oath. Notary Public: Print Name: Commission No: (Seal) My Commission Expires: 01783717-1 Page 32 of 33 ATTACHMENT"N" CERTIFICATION OF NON-SCRUTINIZED COMPANY as proposer, hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that proposer is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the submittal of the Proposal or the execution of any agreement arising out of this RFP/RFQ the BBCRA may disqualify the Proposal and/or terminate the agreement. Proposer Name By: Authorized Representative of Proposer Date: STATE OF COUNTY OF SWORN TO and subscribed before me this day of , 20_, by . Such person (Notary Public must check applicable box): [ ] is personally known to me [ ] produced their current driver license [ ] produced as identification. (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) 01783717-1 Page 33 of 33 �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. i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 NEW BUSINESS AGENDAITEM: 13.A. SUBJECT: Discussion and Consideration of Florida Technical Consultants, LLC Lease Extension SUMMARY: The C RA purchased the properties located at 511, 515 & 529 East Ocean Avenue on December 16, 2021 (see Attachment 1). At the time of the closing there were several active leases that were assigned to the CRA(see Attachment 11). Florida Technical Consultants, LLC (FTC) lease is due to expire on October 14, 2022, pursuant to the Lease Amendment dated September 21, 2021 (see Attachment 111). Since April 13, 2022, CRA staff has forwarded leasing information for available properties within the CRA area to Mr. Barton (see Attachment IV) to assist in his search for comparable office locations within the CRA area and have also relayed the Board's suggestion of opportunities in the Heart of Boynton Shops. Relocation within the CRA District would allow FTC to take advantage of the CRA's Economic Development Grant Programs which may help offset initial costs. On June 7, 2022, the CRA Board approved the Purchase and Development, TIRFA, and Parking Lease Agreements with BB QOZ, LLC (aka Affiliated Development, LLC) for the sale and development of the 115 N. Federal Highway I nfill Mixed Use Redevelopment Project (aka The Pierce), which includes the properties located at 511, 515 & 529 East Ocean Avenue. The Parking Lease Agreement and disposition of the land below Fair Market Value were approved by City Commission at their July 5, 2022 meeting.All agreements have been executed by all parties. On June 27, 2022, CRA staff and legal counsel received a letter from Mr. Steven Grant, legal counsel for FTC, requesting a lease extension similar to the lease extension for Cafe Barista (dba Hurricane AIIey)for the FTC office to remain until the land transfer from the C RA to Affiliated Development, LLC. Specifically FTC is requesting a month-to-month extension with a 60-day notice of termination and renting additional space or relocating into the office space recently vacated by the other tenants (see Attachment V). Staff is unable to give FTC's lease extension the same consideration as Hurricane Alley, since Hurricane Alley has an agreement with Affiliated Development which was incorporated into The Pierce's RFP/RFQ response (see Attachment VI). On July 26, 2022, staff received a letter from James Barton (owner of FTC) requesting an extension of the current lease along with an email listing his efforts to find a new location and another letter from Mr. Grant requesting for Informed Consent from the CRA Board to represent FTC (see Attachments VI I and VI 11). Staff recommends a four (4) month time extension to allow FTC to find a new location. Once Board approval received, staff will work with legal counsel on the lease extension that will contain the following: • Four(4) month extension (until February 14, 2023) • Rent terms and conditions remain unchanged • Ninety(90) days written termination by either party FISCAL IMPACT: To be determined by the CRA Board CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the Lease Extension with Florida Technical Consultants, LLC through February 14, 2022 subject to the same terms and conditions as presented and direct staff and legal counsel to draft a Lease Extension to be brought back to the Board for approval at the September 13, 2022 CRA Board meeting. 2. Do not approve the Lease Extension with Florida Technical Consultants, LLC. 3.Alternative direction to staff and legal counsel upon further discussion. ATTACHMENTS: Description D Attachment I -Warranty Deed D Attachment II -Assignment of Leases D Attachment III -Current Lease Amendment with Florida Technical Consultants, LLC D Attachment IV -CRA Staff Emails re: available properties within CRA District D Attachment V -June 27, 2022 Steven Grant Lease Extension Request Letter D Attachment VI - Hurricane Alley Lease Agreement with Affiliated Development, LLC D Attachment VII -July 26, 2022 FTC Emails and Lease Extension Request Letter D Attachment VIII -July 26, 2022 Letter from Steven Grant for Informed Consent to Represent FTC Precured by and return to: Kenneth W.Dodge Lewis,Longman& Walker,P.A. 360 South Rosemary Avenue,Suite 1100 West Palm Beach,FL 33401 Telephone: 561-640-0820 File Number: 21-0060 [Space Above This Line For Recording Data] Special Warranty Deed This Special Warranty Deed made this 16th day of December, 2021, between 500 Ocean Properties, LLC, a Florida limited liability company,whose post office address is 511 E. Ocean Avenue,Boynton Beach,FL 33435, grantor; and Boynton Beach Community Redevelopment Agency,a public agency created pursuant to Chapter 163,Part II1,of Florida Statutes,whose post office address is 100 E.Ocean Avenue,4th Floor,Boynton Beach, FL 33435, grantee: (Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs,legal representatives,and assigns of individuals, and the successors and assigns of corporations,trusts and trustees) Witnesseth,that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS($10.00)and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained,and sold to the said grantee, and grantee's heirs and assigns forever,the following described land,situate, lying and being in Palm Beach County,Florida,to-wit: PARCEL 1: Lot 10, Less the South 8 feet thereof, and the West 7 feet 8 inches of Lot 11, Less the South 8 feet thereof, Block 6, Boynton,according to the plat thereof, as recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County,Florida. PARCEL 2: The East 42 feet 4 inches of Lot 11, Less the South 8 feet thereof, in Block 6, Boynton, according to the plat thereof, as recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, Florida. PARCEL 3: Lot 12, Block 6, Original Town of Boynton, according to the plat thereof, recorded in Plat Book 1, Page 23,of the Public Records of Palm Beach County, Florida. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in feesimple; that the grantor has good right and lawful authority to sell and convey said land:that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by,through or under grantors. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTime® Signed,sealed and delivered in our presence: r 500 Ocean Proetie LC Z/' -- Witness c me: n _ Hary F.Der, 1 ,Man'f[r Member t° Witness Name: (Corporate Sea]) State of Florida County of Palm Beach The foregoing instrument was acknowledged before me by means of[X] physical presence or online notarization, this 16th day of December, 2021, by Harvey E. Oyer, 111 of 500 Ocean Properties, LLC, on behalf of the corporation. He/she [j is personally known to me or[X]has produced a driver's license as identific )n. 11 [Notary Seal] Notary Public Printed Name: ,�0 GINGER CARLISLE ROGERS � CommWonfG0963105 My Commission Expires: 10w Expires Ml"10,2024 Special warranty Deed-Page 2 DoubleTime® ASSIGNMENT AND ASSUMPTION OF LEASES THIS ASSIGNMENT AND ASSUMPTION OF LEASES (herei a referred to as the "Assignment") is made and entered Into as of the day of December, 2021, by and between SW OCEAN PROPERTIES, LLC, a Florida limited liability company (hereinafter referred to as "Assignor"), and BOYNTON BEAM COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part iIi, of Florida Statutes (hereinafter referred to as"Assignee"),who agree as follows: 1. Assi nment and Assurrlotion.. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor does hereby assign all of Assignor's right,title and interest as Landlord in,to and under those certain Lease Agreements (together with any and all amendments, modifications and renewals thereto) attached hereto as Exhibit "A" and made a part hereof (hereinafter referred to as the "Lease"), pertaining to the real property described therein (hereinafter referred to as the "Premises"), together with all security deposits, if any, referred to in the Leases. Assignee hereby accepts the foregoing assignment and assumes and agrees to perform the obligations of the Landlord under the Leases to be performed on and following the date hereof. 2. , qA rAnties. Representations and Covenants. Assignor hereby warrants, represents and covenants as follows as to the Leases: (a) The Leases are In full force and effect and have not been modified or amended. (b) Assignor knows of no claims of default by the Tenant under the Leases. (c) Assignor has full power and authority to assign the Leases and the Leases have not been previously assigned or pledged as collateral in connection with any financing of the property. (d) Assignor Is unaware of any condition which with the passage of time,the giving of notice, or both, would constitute a default by either Assignor or the Tenant under the Leases. 3. Indemnification, Assignor does hereby agree to defend, indemnify and hold harmless Assignee from any liability, damages, causes of action, expenses and reasonable attorneys' fees incurred by Assignee by reason of the failure of Assignor to have performed and discharged all obligations and liabilities of the Landlord to be performed pursuant to the Leases prior to the date of this Assignment. Assignee does hereby agree to defend, indemnify and hold harmless Assignor from any liability, damages, causes of action, expenses and reasonable attorneys' fees incurred by Assignor by reason of the failure of Assignee to have MS4220-t Assignment and Assumption of Lease Page 2 of 3 performed and discharged all obligations and liabilities of the Landlord to be performed pursuant to the Leases from and after the date of this Assignment. 4. Attorneys' Fees. In the event of any litigation between the parties arising under this Assignment, the prevailing parry in such litigation shall be entitled to recover from the non-prevailing party its reasonable attorneys'fees and other legal expenses. 5. Successors @_nd Assigns. This Assignment shall bind and benefit the parties hereto and their respective successors and assigns. 6. Notice to Tenant. Notice of this Assignment may be given by either Assignor or Assignee to the Tenant under the Leases. ASSIGNOR: ASSIGNEE: 500 OCEAN P, OPERTIES,LLC BOYNTON BEACH COMMUNITY t`� REDEVELOPMENT AGENCY H EYE.O R, pi, M aging Member Steven B. Grant,Chair Date: .% 'F %' Date: 01364920-1 Assignment and Assumption of Lease Page 2 of 3 performed and discharged all obligations and liabilities of the Landlord to be performed pursuant to the Leases from and after the date of this Assignment. 4. Attorneys' Fees. In the event of any litigation between the parties arising under this Assignment, the prevailing party in such litigation shall be entitled to recover from the non-prevailing party its reasonable attorneys'fees and other legal expenses. 5. Successors and Assigns. This Assignment shall bind and benefit the parties hereto and their respective successors and assigns. 6. Notice to Tenant. Notice of this Assignment may be given by either Assignor or Assignee to the Tenant under the Leases. ASSIGNOR: ASSIGNEE: 500 OCEAN PROPERTIES, LLC BOYNTON BEACH COMMUNITY REDCVELO NCY HARVEY E. OYER, 111, Managing Member Steven B. Grant, Chair Date: _ Date: 01584320-1 Assignment and Assumption of Lease Page 3 of 3 Exhibit "A" Lease Agreements See Attached Leases: Scott Rudderow Freddy Brinley _Oyer, Macoviak and Associates Cafe Barista, Inc. Kala Marketing Group Florida Technical Consultants, LLC 01584220-1 SCOTT RUDDEROW APT. #3 RENEWAL RESIDENTIAL LEASE AGREEMENT THIS RESIDENTIAL LEASE AGREEMENT ("Lease") is made effective as of the 15th day of November 2017, between 500 OCEAN PROPERTIES. LLC, a Florida limited liability company, whose mailing address is 511 East Ocean Avenue, Boynton Beach,Florida 33435("LANDLORD")and SCOTT RUDDEROW('`TENANT"),whose address shall be the address of the"Property"described below. WITNESSETH: That LANDLORD, for and in consideration of the covenants, agreements and conditions herein contained,on the part of TENANT to be kept and performed,does hereby lease to TENANT,and TENANT does hereby lease from LANDLORD,the one bedroom, one bathroom apartment located at 517 1/2 East Ocean Avenue,Apartment No.3,Boynton Beach, Florida 33435("Property''). The tcrms and cunditiuns of this Lcasc are as fulluws: 1. TERM. The term of this Lease shall be for one (1) year, commencing on November 15,2017,and unless earlier terminated in accordance with the terms of this Lease,expiring at 12:00 midnight on November 14,2018. 2. RENT. (a) TENANT agrees to pay to LANDLORD in lawful money of the United States each month during the Term of this Lease, the sum of Seven Hundred and No/100 Dollars($700.00) ("Rent"). Rent shall be paid at LANDLORD'S address stated above,or at such other place as LANDLORD may specify in writing. (h) In addition to any other rights of LANDLORD hereunder, In the event TENANT shall fail to pay rent or other sums due hereunder on its due date.TENANT shall pay to LANDLORD a late fee in the amount of Twenty and No/]00 Dollars for each calendar day that the rent is late beyond the due date. The late fee is not a penalty, but liquidated damages to defray administrative and related expenses due to such late payment. 3. SECURITY DEPOSIT. Upon execution hereof:TENANT shall pay to LANDLORD:(i)the sum of Seven Hundred and No/100 Dollars($700.00)as prepaid first month's rent: and (ii) the sum of Seven Hundred and No/100 Dollars ($700.00) as prepaid last month's rente: and (iii) the sume of Seven Hundred and No/100 ($700.00) representing the Security Deposit. This is a total of Two Thousand One Hundred and No/100 Dollars($2100.00) 4. OCCUPANCY AND USE OF THE PREMISES. (a) TENANT shall occupy the Property as a residential apartment for TENANT only.TENANT shall not change,alter or install locks without the prior written consent of LANDLORD. (b) TENANT shall not allow any pets or animals greater than ten (10) pounds on the Property without LANDLORD'S prior written consent(which shall be given or denied in LANDLORD's sole and absolute discretion). If LANDLORD, in its sole and absolute discretion,allows TENANT to have an animal in excess often(10)pounds on the Property, TENANT shall pay to LANDLORD an additional security deposit of Five Hundred and No/100 Dollars($500.00)to protect LANDLORD from costs and expenses associated with damage to the Property caused by the animal or cleaning costs resulting from animal being on the Property("Animal Security Deposit"). In addition, TENANT shall obtain a liability insurance policy covering risks associated with owning the animal, with limits of no less than $100,000 per incident, naming LANDLORD as an additional named insured,and requiring thirty(30)days advance written notification to I.ANni.01111 prior to any modification, termination, or expiration of the liability insurance policy. If LANDLORD determines that TENANT did permit pets or animals on the Property in violation of the foregoing restriction, or if TENANT's pet has caused damage to. or the need to clean, the Property, such breach shall be considered a material breach entitling LANDLORD to all remedies provided for herein, including but not limited to retention of the Animal Security Deposit and immediate eviction. TENANT hereby acknowledees and n reel that TENANT shall be solei and e nally responsible for all loss costs dame es or ig'u caused TENANT'S ets and shall Indemnify LANDLORD and all third parties who suffer loss cost.-Injun,or dams a as s a result of TENANT'S ets beige located on the Property. (c) No smoking= shall be permitted within the apartment, in the hallways, or common areas at anytime with no exce tions. TENANT acknowledees that t each apartment contains a as stove/oven and that smoking within the 9M rtment hallways,or common areas by TENANT ses a hazard to all p±rsons in the buildin . (d) TENANT shall abide by and comply with all reasonable rules and regulations now or hereafter promulgated by LANDLORD and all ordinances and laws of all governmental entities,whether federal,state or local,having jurisdiction in the matter. TENANT shall neither permit not commit,whether with or without knowledge or consent, any immoral, improper or unlawful practice or act in or upon the Property. TENANT agrees not to make,nor permit to be made,any disturbance,noise or annoyance of any kind which is detrimental to the Property. TENANT shall not, in any manner,alter,damage or deface the Property. (e) Provided that TENANT abides by all terms, obligations, and covenants of this Lease, TENANT shall enjoy quiet and peaceful possession of the Property during the Term. 5. UTILITIES. (a) During the Term, LANDLORD shall pay the cost of water and sewer service, garbage service,gas service,and quarterly pest control. During the Term, TENANT agrees to pay all utility charges for electricity,telephone,television/internet,and any other utilities or services used at the Property, including all installation and activation fees and any deposits required by such utility providers. (b) Except in the instance of LANDLORD'S negligence.LANDLORD shall not be liable to TENANT in the event any utility services are interrupted or become unavailable. for any reason whatsoever, and such interruption or unavailability shall not constitute actual or constructive eviction,nor be deemed an interference with TENANT's occupancy of the Property,nor shall Rent he abated during any such period of interruption or unavailability. 6. MAINTENANCE AND REPAIRS:HURRICANE PROTECTION_: SURRENDER OF PROPERTY: AND INSURANCE. (a) TENANT shall,at its sole expense,keep and maintain the Property in good,clean and sanitary condition and repair during the Term of this Lease. Except for repairs due to TENANT's misuse,waste,or neglect or that of TENANT's family members, agents or visitors.the LANDLORD will be responsible for the repair and replacement of the roof:air conditioning system.and appliances. (b) TENANT shal I not drain,nor permit the drainage of:grease into the toilets or sinks. (c) In the event of a hurricane watch or hurricane warning, TENANT shall use reasonable efforts to secure the Property against damage. (d) LANDLORD shall engage a professional pest control contractor to provide calendar quarterly pest control service. (e) TENANT shall.at the end of the Lease term,surrender and deliver to LANDLORD the Property,without demand. "broom clean" and in the same condition as it existed on the commencement date hereof,reasonable wear and tear excepted. (f) During the Term, TENANT shall provide,at TENANT'S expense. any insurance that TENANT desires to insure TENANT'S personal property located at the Property. Under no circumstance shall LANDLORD be res onsible or liable for TENANT'S Mrsonal,,Lroggrtv Iocated at the Property. 7. NO ADDITIONS OR ALTERATIONS. (a) TENANT shall not make any additions, changes or alterations in and upon the Property(including,without limitation,painting of portions of the Property) of any nature whatsoever without the prior written consent of LANDLORD,which consent may be given or withheld in LANDLORD's sole discretion. LANDLORD may remove or change, at TENANT's cost and expense, any addition. change or alteration made by TENANT without LANDLORD's consent,the charge for which shall be paid by TENANT upon demand. TENANT shall not permit or install nails, screws or adhesive hangers except standard picture hooks: and no nails, screws or hangers may be placed in walls. woodwork or any part of the Property. (b) No personal propcity, appliances or fixtures shall be removed by TENANT without the prior written consent of LANDLORD. LANDLORD's interest in the Property shall not be subject to mechanics' or other liens for improvements made by TENANT nor for services,labor or materials performed at TENANT's request. (c) If any lien is filed against the Property for improvements or work claimed to have been done or for materials claimed to have been furnished to TENANT, the lien shall be discharged by TENANT within ten (10) days thereafter, at TENANT's expense, and TENANT shall indemnify LANDLORD for any loss, cost, or expense incurred by LANDLORD as a result of TENANT'S violation of this provision. The foregoing indemnification shall survive termination or expiration of this Lease. 8. DESTRUCTION BY CASUALTY. In the event the Property or any portion thereof may be rendered untenantable by reason of fire, explosion or any other casualty, LANDLORD, at LANDLORD's option, may either repair the Property to make the same tenantable within sixty (60) days thereafter. or terminate this Lease. In such event. LANDLORD shall give TENANT ten(10)days'notice in writing of LANDLORD's intention to repair or terminate this Lease. If LANDLORD elects to repair the damaged Property. LANDLORD shall proceed with due diligence and TENANT's Rent for that period of time during which the Property is or remains untenantable shall be abated or apportioned. 9. PROPERTY LOSS. DAMAGE AND INDEMNIFICATION. (a) The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfactory condition and acceptable to TENANT. LANDLORD shall not be liable to TENANT, TENANT's family members,agents,licensees or invitees,for damage to persons or property caused by any individual or entity. LANDLORD shall not be liable for any patent or latent defects in the Property. (b) LANDLORD shall not be liable for the presence of bugs,vermin or insects in the Property. TENANT hereby releases LANDLORD from any and all claims for loss, damage or injury of any nature whatsoever to person or property, including (without limitation)damage caused by theft,vandalism,water,smoke,fire or other causes, or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. (c) TENANT further agrees to hold LANDLORD harmless and to indemnify LANDLORD from and against any and all claims, liabilities,actions,causes of action,damages,costs and expenses whatsoever which may arise out of,result from or be attributable to TENANT's use or occupancy of the Property,or any act or omission thereon (whether by TENANT. TENANT's family members, agents, employees. licensees or invitees), which indemnification shall include attomeys'fees at trial and appellate levels. The foregoing indemnification shall survive termination or expiration of this Lease. (d) LANDLORD'S insurance does not cover loss or damage to any of TENANT's personal property or possessions. If TENANT desires insurance coverage for any of TENANT's personal property or possessions, TENANT shall obtain and pay for any such insurance coverage. 10. ASSIGNMENT OR SUBLEASING. TENANT shall neither sublet the Property or any part thereof nor assign(voluntarily or by operation of law)this Lease or any interest therein, nor mortgage nor encumher the Property or this Lease. 11. RIGHT OF ENTRY. LANDLORD shall have the right by or through itself or its agents or employees, to enter the Property at all reasonable hours. LANDLORD' entry into the Property shall be for the purpose examining it and to, in LANDLORD's sole discretion, make such repairs and alterations as LANDLORD may deem necessary to insure the orderly and proper maintenance of same. In addition, LANDLORD specifically reserves the right to enter upon the Property at reasonable times after first having informed TENANT of LANDLORD's intention to do so, for the purpose of showing the Property to prospective:(i)tenants;(ii)purchasers;or(iii)mortgagees. 12. DEFAULT. (a) If TENANT shall fail to pay any installment of Rent or other sums on the due date or if TENANT should fail to keep and perform each and every one of the terms and conditions of this Lease,then and in any of such events,TENANT will be in default hereunder. If TENANT should become in default hereunder,LANDLORD will have any and all of the rights and remedies which the law of Florida confers upon a landlord against a tenant in default, including, without limitation, the right to: (i) terminate this Lease and sue for unpaid Rent;and/or(ii)accelerate the entire unpaid balance of the Rent for the Term of this Lease and sue for the collection of such Rent; and/or (iii)take possession of the Property(and any and all of TENANT's personal property therein)and, at LANDLORD's option,rent the Property for the account of TENANT. In the event that LANDLORD takes possession of the Property, it may remove TENANT's personal property and store same at the expense of TENANT, without being liable for damages therefor. In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT. LANDLORD shall receive the Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting(including,without limitation, the cost of brokerage,repair,alteration and all other sums)and apply any remaining Rent or proceedings to payment of Rent and other sums due hereunder and TENANT shall remain liable for any deficiency. If at the time of any default by TENANT there remains any unrefunded balance of the Security,then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity. In the event TENANT shall fail to vacate the Property as and when required hereunder.TENANT shall be deemed a tenant at sufferance and, in addition to any other rights and remedies accorded to LANDLORD,TENANT shall be charged, for each day during its occupancy, an amount equal to 2501/6 of the rental amount which was due hereunder immediately prior to such holdover occupancy. (b) If, by reason of a default hereunder, a party employs an attorney to enforce or otherwise protect its rights hereunder and such party prevails in litigation resulting from the default, the non-prevailing party will owe and will pay the prevailing party's reasonable attorneys' fees (including fees at trial and appellate levels) and costs and expenses. 13. APPLIANCES AND AIR CONDITIONING. All fixtures and appliances at the Property are supplied by LANDLORD for the Term of this Lease and are owned by LANDLORD. 14. SUBORDINATION. This Lease is subject and subordinate to all ground or underlying leases,encumbrances, mortgages and other matters which may now or hereafter affect or become a lien upon the Property(or any portion thereof)and to any renewals,modifications,amendments,replacements or extensions thereof. TENANT shall execute any and all instruments as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT hereby irrevocably appoints LANDLORD as TENANT's attorney-in-fact to execute any and all such instruments. 15. CUMULATIVE REMEDIES: LAWS: NOTICES: INVALIDITY,• WAIVER: SURRENDER: ENTIRE AGREEMENT: SUCCESSORS AND ASSIGNS. All rights and remedies hcrcin created for the benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be an election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD's resort to any other remedy in this Lease. This Lease shall be construed in accordance with Florida lay. All notices shall be hand-delivered or mailed by certified mail,return receipt requested,to LANDLORD at the address for payment of Rent and to TENANT(after the date ofcommencement of the Term of this Lease)at the property address. Notices to TENANT mailed in accordance with the terms hereof shall be deemed given when mailed: however, notices to LANDLORD shall be deemed received only upon actual receipt.Notices to TENANT may be effectuated by personally serving same on TENANT, any member of TENANT's family or any agent of TENANT found at or upon the Property. If any part or provision of this Lease is deemed by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions,all of which shall remain in full force and effect. No act or thing done by LANDLORD shall be deemed an acceptance of a surrender of the Property or this Lease, and no agreement to accept the Property and surrender the Lease shall be valid unless in writing signed by LANDLORD. Delivery of keys to LANDLORD or its agent shall not operate as a termination of this Lease or a surrender of the Property. The failure of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance. Receipt of Rent by LANDLORD with knowledge of breach of any provision of this Lease shall not be deemed a waiver of such breach. No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waiver shall be in writing signed by LANULUKU and no payment of Rent of a lesser amount than that due, nor any endorsement or statement on a check, shall be deemed an accord and satisfaction and LANDLORD may accept such check or payment without prejudice to its right to recover any unpaid rent or other sums, or to pursue any remedy provided in this Lease. This Lease contains the entire agreement between the parties with respect to the IN WITNESS WHEREOF, the parties hereto have executed this Leasc on the date and year first above written. WITNESSES: LANDLORD: 500 Ocean Properties, LLC By: Christian Macoviak, its Managing Member TENANT; ° .� Scott iddemlwv Phone (W) e a_ - 16 - �... Email 1 2-&(P-5f-94#-4'1.EON, Emergency Contact jl>M�c►a'i?'i� ��v..t� (5'(r1 rID/_-5&51 subject matter and supersedes any prior or oral agreements or understandings. All promises,covenants and agreements set forth in this Lease shall be binding upon and inure to the benefit of the parties hereto, and (to the extent permitted) their respective heirs, personal representatives.successors and assigns. 16. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state requirements have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. [SIGNATURES CONTAINED ON FOLLOWING PAGES] Renewal Lease Agreement June 24,2021 500 Ocean Properties, LLC and Scott Rudderow ("tenant") agree to renew lease on said premises know as 517%E Ocean Ave Apt#3, Boynton Beach,FL 33435, original lease dated 15th day of November 2018. For good consideration 500 Ocean Properties, LLC and Scott Rudderow("tenant") agrees to extend the said lease for a period of Mix-months,starting date of 15th day of July 2021 and terminating on the 14th day of January 2022. The parties agree that no further right of renewal or extension shall exist beyond the termination date indicated above unless both parties agree to another lease extension agreement. Rent will increase to $745.00(seven hundred forty five). All other lease terms shall remain unchanged and continue during the lease extension period as is set forth herin. This agreement shall be binding upon and shall insure the benefit of the parties,their successors, assigns, personal agents and managing members. Landlord Date — its — L Tenant ! w -- ate - - FREDDY BRINLEY APT. #5 RENEWAL RESIDENTIAL LEASE AGREEMENT THIS RESIDENTIAL LEASE AGREEMENT ("Lease") is made effective as of the 6th day of January 2019,between 500 OCEAN PROPERTIES, LLC,a Florida limited liability company, whose mailing address is 511 East Ocean Avenue, Boynton Beach, Florida 33435 ("LANDLORD") and FREDDIE BRINLEY ("TENANT"), whose address shall be the address of the"Property"described below. WITNESSETH: That LANDLORD, for and in consideration of the covenants, agreements and conditions herein contained,on the part of TENANT to be kept and performed,does hereby lease to TENANT,and TENANT does hereby lease from LANDLORD,the one bedroom, one bathroom apartment located at 517 1/2 East Ocean Avenue,Apartment No 5, oynton Beach, Florida 33435 ("Pro "). The terms and conditions of this Lease are as follows: 1. TERM. The term of this Lease shall be for one (1) year, commencing on January 6,2019,and unless earlier terminated in accordance with the terms of this Lease, expiring at 12:00 midnight on January 2,2020 - 2. -..RENT. (a) TENANT agrees to pay to LANDLORD in lawful money of the United States each month during the Term of this Lease, the sum of Nine Hundred Fifty and No/100 Dollars ($950.00) ("Rent"). Rent shall be paid at LANDLORD'S address stated above,or at such other place as LANDLORD may specify in writing. (b) In addition to any other rights of LANDLORD hereunder, in the event TENANT shall fail to pay rent or other sums due hereunder on its due date,TENANT shall pay to LANDLORD a late fee in the amount of Twenty and No/100 Dollars for each calendar day that the rent is late beyond the due date. The late fee is not a penalty, but liquidated damages to defray administrative and related expenses due to such late payment. 3. SECURITY DEPOSIT. Upon execution hereof,TENANT shall pay to LANDLORD: (i) the sum of Nine Hundred Fifty and No/100 Dollars ($950.00) as prepaid first month's rent: and (ii) the sum of Nine Hundred Fifty and No/100 Dollars ($950.00)as prepaid last month's rent:and(iii)the sum of Nine Hundred Fifty and No/100 ($950.00) representing the Security Deposit. This is a total of Two Thousand Eight Hundred Fifty and No/100 Dollars($2850.00) 4. OCCUPANCY AND USE OF THE PREMISES. (a) TENANT shall occupy the Property as a residential apartment for TENANT only. TENANT shall not change, alter or install locks without the prior written consent of LANDLORD. (b) TENANT shall not allow any pets or animals greater than ten (10) pounds on the Property without LANDLORD'S prior written consent(which shall be given or denied in LANDLORD's sole and absolute discretion). If LANDLORD,in its sole and absolute discretion,allows TENANT to have an animal in excess of ten(10)pounds on the Property, TENANT shall pay to LANDLORD an additional security deposit of Five Hundred and No/100 Dollars ($500.00) to protect LANDLORD from costs and expenses associated with damage to the Property caused by the animal or cleaning costs resulting from animal being on the Property ("Animal_Security D osit"). In addition, TENANT shall obtain a liability insurance policy covering risks associated with owning the animal, with limits of no less than $100,000 per incident, naming LANDLORD as an additional named insured,and requiring thirty(30)days advance written notification to LANDLORD prior to any modification, termination, or expiration of the liability insurance policy. If LANDLORD determines that TENANT did permit pets or animals on the Property in violation of the foregoing restriction, or if TENANT's pet has caused damage to, or the need to clean, the Property, such breach shall be considered a material breach entitling LANDLORD to all remedies provided for herein, including but not limited to retention of the Animal Security Deposit and immediate eviction. TENANT hereby acknowledges and a rees that TENANT shall be sole!y and personaft responsible for all Ioss costs damages,or kjuEy caused by TENANT'S gets and shall indemnify LANDLORD and aU third partles,who suffer los cos in yX or damage as a result of TENANT'S pets being located on the Prone - (c) No smokin shall be_permitted_within the apartment, in the hallways,or common areas at anytime with no exceptions. TENANT acknowledges that each al2artment contains a gas stoveloven and that smokin within the apartment hallways,or common areas by TENANT possa a hazard to all persons in the building. (d) TENANT shall abide by and comply with all reasonable rules and regulations now or hereafter promulgated by LANDLORD and all ordinances and laws of all governmental entities, whether federal, state or local,having jurisdiction in the matter. TENANT shall neither permit not commit,whether with or without knowledge or consent, any immoral, improper or unlawful practice or act in or upon the Property. TENANT agrees not to make,nor permit to be made,any disturbance,noise or annoyance of any kind which is detrimental to the Property. TENANT shall not, in any manner,alter,damage or deface the Property. (e) Provided that TENANT abides by all terms, obligations, and covenants of this Lease, TENANT shall enjoy quiet and peaceful possession of the Property during the Term. 5. UTILITIES. (a) During the Term, LANDLORD shall pay the cost of water and sewer service, garbage service, gas service, and quarterly pest control. During the Term, TENANT agrees to pay all utility charges for electricity,telephone,television/internet,and any other utilities or services used at the Property, including all installation and activation fees and any deposits required by such utility providers. (b) Except in the instance of LANDLORD'S negligence, LANDLORD shall not be liable to TENANT in the event any utility services are interrupted or become unavailable, for any reason whatsoever, and such interruption or unavailability shall not constitute actual or constructive eviction, nor be deemed an interference with TENANT's occupancy of the Property,nor shall Rent be abated during any such period of interruption or unavailability. b. MAINTENANCE AND REPAIRS;HURRICANE PROTECTION• SURRENDER OF PROPERTY-; AND INSURANCE. (a) TENANT shall,at its sole expense,keep and maintain the Property in good,clean and sanitary condition and repair during the Term of this Lease. Except for repairs due to TENANT's misuse,waste,or neglect or that of TENANT's family members, agents or visitors, the LANDLORD will be responsible for the repair and replacement of the roof,air conditioning system,and appliances. (b) TENANT shall not drain, nor permit the drainage of,grease into the toilets or sinks. (c) In the event of a hurricane watch or hurricane warning, TENANT shall use reasonable efforts to secure the Property against damage. (d) LANDLORD shall engage a professional pest control contractor to provide calendar quarterly pest control service. (e) TENANT shall, at the end of the Lease term, surrender and deliver to LANDLORD the Property, without demand, "broom clean"and in the same condition as it existed on the commencement date hereof,reasonable wear and tear excepted. (f) During the Term,TENANT shall provide, at TENANT'S expense, any insurance that TENANT desires to insure TENANT'S personal property located at the Property. Under no circumstance shall LANDLORD be responsible or liable for TENANT'S ersonal Rroperty located at the Proue 7. NO ADDITIONS OR ALTERATIONS. (a) TENANT shall not make any additions, changes or alterations in and upon the Property(including, without limitation,painting of portions of the Property) of any nature whatsoever without the prior written consent of LANDLORD,which consent may be given or withheld in LANDLORD's sole discretion. LANDLORD may remove or change, at TENANT's cost and expense, any addition, change or alteration made by TENANT without LANDLORD's consent,the charge for which shall be paid by TENANT upon demand. TENANT shall not permit or install nails, screws or adhesive hangers except standard picture hooks; and no nails, screws or hangers may be placed in walls, woodwork or any part of the Property. (b) No personal property, appliances or fixtures shall be removed by TENANT without the prior written consent of LANDLORD. LANDLORD's interest in the Property shall not be subject to mechanics' or other liens for improvements made by TENANT nor for services,labor or materials performed at TENANT's request. (c) If any Iien is filed against the Property for improvements or work claimed to have been done or for materials claimed to have been furnished to TENANT, the lien shall be discharged by TENANT within ten (10) days thereafter, at TENANT's expense, and TENANT shall indemnify LANDLORD for any loss, cost, or expense incurred by LANDLORD as a result of TENANT'S violation of this provision. The foregoing indemnification shall survive termination or expiration of this Lease. 8. DESTRUCTION.BY CASUALTY. In the event the Property or any portion thereof may be rendered untenantable by reason of fire, explosion or any other casualty, LANDLORD, at LANDLORD's option, may either repair the Property to make the same tenantable within sixty (60) days thereafter, or terminate this Lease. In such event,LANDLORD shall give TENANT ten(10)days'notice in writing of LANDLORD's intention to repair or terminate this Lease. If LANDLORD elects to repair the damaged Property, LANDLORD shall proceed with due diligence and TENANT's Rent for that period of time during which the Property is or remains untenantable shall be abated or apportioned. 9. PROPERTY LOSS. DAMAGE AND INDEMNIFICATION. (a) The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfactory condition and acceptable to TENANT. LANDLORD shall not be liable to TENANT, TENANT's family members,agents,licensees or invitees,for damage to persons or property caused by any individual or entity. LANDLORD shall not be liable for any patent or latent defects in the Property. (b) LANDLORD shall not be liable for the presence of bugs, vermin or insects in the Property. TENANT hereby releases LANDLORD from any and all claims for loss, damage or injury of any nature whatsoever to person or property, including (without limitation)damage caused by theft,vandalism,water,smoke,fire or other causes, or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. (c) TENANT further agrees to hold LANDLORD harmless and to indemnify LANDLORD from and against any and all claims,liabilities,actions,causes of action,damages, costs and expenses whatsoever which may arise out of,result from or be attributable to TENANT's use or occupancy of the Property,or any act or omission thereon (whether by TENANT, TENANT's family members, agents, employees, licensees or invitees), which indemnification shall include attorneys' fees at trial and appellate levels. The foregoing indemnification shall survive termination or expiration of this Lease. (d) LANDLORD'S insurance does not cover loss or damage to any of TENANT's personal property or possessions. If TENANT desires insurance coverage for any of TENANT's personal property or possessions, TENANT shall obtain and pay for any such insurance coverage. 10. ASSIGNMENT OR SUBLEASING. TENANT shall neither sublet the Property or any part thereof nor assign(voluntarily or by operation of law) this Lease or any interest therein,nor mortgage nor encumber the Property or this Lease. 11. RIGHT OF ENTRY. LANDLORD shall have the right by or through itself or its agents or employees, to enter the Property at all reasonable hours. LANDLORD' entry into the Property shall be for the purpose examining it and to, in LANDLORD's sole discretion, make such repairs and alterations as LANDLORD may deem necessary to insure the orderly and proper maintenance of same. In addition, LANDLORD specifically reserves the right to enter upon the Property at reasonable times after first having informed TENANT of LANDLORD'intention to do so, for the purpose of showing the Property to prospective: (i)tenants;(ii)purchasers;or(iii)mortgagees. 12. DEFAULT. (a) If TENANT shall fail to pay any installment of Rent or other sums on the due date or if TENANT should fail to keep and perform each and every one of the terms and conditions of this Lease,then and in any of such events,TENANT will be in default hereunder. If TENANT should become in default hereunder, LANDLORD will have any and all of the rights and remedies which the law of Florida confers upon a landlord against a tenant in default, including, without limitation, the right to: (i) terminate this Lease and sue for unpaid Rent; and/or(ii)accelerate the entire unpaid balance of the Rent for the Term of this Lease and sue for the collection of such Rent; and/or (iii) take possession of the Property(and any and all of TENANT's personal property therein) and, at LANDLORD's option,rent the Property for the account of TENANT. In the event that LANDLORD takes possession of the Property, it may remove TENANT's personal property and store same at the expense of TENANT, without being liable for damages therefor. In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT, LANDLORD shall receive the Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting(including, without limitation, the cost of brokerage, repair, alteration and all other sums) and apply any remaining Rent or proceedings to payment of Rent and other sums due hereunder and TENANT shall remain liable for any deficiency. If at the time of any default by TENANT there remains any unrefunded balance of the Security,then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity. In the event TENANT shall fail to vacate the Property as and when required hereunder, TENANT shall be deemed a tenant at sufferance and, in addition to any other rights and remedies accorded to LANDLORD, TENANT shall be charged, for each day during its occupancy, an amount equal to 250% of the rental amount which was due hereunder immediately prior to such holdover occupancy. (b) If, by reason of a default hereunder, a party employs an attorney to enforce or otherwise protect its rights hereunder and such party prevails in litigation resulting from the default, the non-prevailing party will owe and will pay the prevailing party's reasonable attorneys' fees (including fees at trial and appellate levels) and costs and expenses. 13. APPLIANCES AND AIR CONDITIONING. All fixtures and appliances at the Property are supplied by LANDLORD for the Term of this Lease and are owned by LANDLORD. 14. SUBORDINATION. This Lease is subject and subordinate to all ground or underlying leases, encumbrances,mortgages and other matters which may now or hereafter affect or become a lien upon the Property(or any portion thereof) and to any renewals,modifications,amendments,replacements or extensions thereof. TENANT shall execute any and all instruments as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT hereby irrevocably appoints LANDLORD as TENANT's attorney-in-fact to execute any and all such instruments. 15. CUMULATIVE REMEDIES: LAWS-.NOTICES,• INVALIDITY• WAIVER• SURRENDER; ENTIRE AGREEMENT, SUCCESSORS AND ASSIGNS. All rights and remedies herein created for the benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be an election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD's resort to any other remedy in this Lease. This Lease shall be construed in accordance with Florida law. All notices shall be hand-delivered or mailed by certified mail,return receipt requested,to LANDLORD at the address for payment of Rent and to TENANT(after the date of commencement of the Term of this Lease)at the property address. Notices to TENANT mailed in accordance with the terms hereof shall be deemed given when mailed; however,notices to LANDLORD shall be deemed received only upon actual receipt.Notices to TENANT may be effectuated by personally serving same on TENANT, any member of TENANT's family or any agent of TENANT found at or upon the Property. If any part or provision of this Lease is deemed by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions,all of which shall remain in full force and effect. No act or thing done by LANDLORD shall be deemed an acceptance of a surrender of the Property or this Lease, and no agreement to accept the Property and surrender the Lease shall be valid unless in writing signed by LANDLORD. Delivery of keys to LANDLORD or its agent shall not operate as a termination of this Lease or a surrender of the Property. The failure of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance. Receipt of Rent by LANDLORD with knowledge of breach of any provision of this Lease shall not be deemed a waiver of such breach. No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waiver shall be in writing signed by LANDLORD and no payment of Rent of a lesser amount than that due, nor any endorsement or statement on a check, shall be deemed an accord and satisfaction and LANDLORD may accept such check or payment without prejudice to its right to recover any unpaid rent or other sums, or to pursue any remedy provided in this Lease. This Lease contains the entire agreement between the parties with respect to the subject matter and supersedes any prior or oral agreements or understandings. All promises,covenants and agreements set forth in this Lease shall be binding upon and inure to the benefit of the parties hereto, and (to the extent permitted) their respective heirs, personal representatives,successors and assigns. 16. RADON AS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state requirements have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 17. PARKING.There is parking located behind the building but due to the limited spots, parking is also available on public parking lot and side street parking. Landlord does not guarantee parking directly behind building. [SIGNATURES CONTAINED ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date and year first above written. WITNESSES: LANDLORD: a 101 Ocean Properties, LLC By: Christian Macoviak,its Managing Member TENANT:. Freddie Brinley Phone 561-699-7147 Email S;t -gol bay A 9 i1.cv Emergency Contact -i 1-16 1.4 so -3 G — 3 fo�jG. Lease Extension Agreement June 24, 2021 500 Ocean Properties, LLC and Freddie Brinley("tenant") agree to extend lease on said premises know as 517'/: E Ocean Ave Apt#5, Boynton Beach, FL 33435,original lease dated 6th day of January 2019. For good consideration 500 Ocean Properties, LLC and Freddie Brinley("tenant") agree to extend the said lease for a period of six-months,starting date of 61'day of July 2021 and terminating on the 5th day of January 2022. The parties agree that no further right of renewal or extension shall exist beyond the termination date indicated above unless both parties agree to another lease extension agreement. During the lease extension period, Freddie Brinley("tenant") agrees to pay rent in the amount of$1030.00 (one thousand thiry)per month. Payment is to be received by the 6th of each month. All other lease terms shall remain unchanged and continue during the lease extension period as is set forth herin. Per Section 4(c)of the original lease,there is no smoking permittted within the apartment,in the hallways,or common areas at anytime with no exceptions. I will issue an Immediate lease termination if this occures.Stairs are part of common area. Initial Per Section 4(a)of the original lease,Tenant shall occupy the Property as a residential apartment for Tenant Only. Initial You are the only named tenant. Anyone over the age of 18, if residing in the apartment we will need a written request to review to add to lease. This agreement shall be binding upon and shall insure the benefit of the parties,their successors, assigns,personal agents and managing members. Landlord eklaLCMU. Date 9 — -- , 4 Tenant c Date "' '2021 OYER, MACOVIAK AND ASSOCIATES 511 & 513 E. Ocean Avenue a a COMMERCIAL LEASE AGREEMENT THIS COMMERCIAL LEASE AGREEMENT("lxsse")is:made effective as of the 15th day of October 2019, between 50.0 OCEAN PROPERTIES, LLC, a Florida limitedliability company, whose mailing,address is 511 East Ocean Avenue, Boynton Beach, Florida 33435 ("LANDLORD") and HARVEY E. OYER JR., INC. dibla OYER, MACOVIAK AND ASSOCIATES ( ENANT"), whose address is 511 East Ocean Avenue,: Boynton Beach, Florida 33435. WITNESSETH: That LANDLORD,for and in consideration of the covenants,agreements and conditions herein contained, on the part of TENANT to be kept and performed, does hereby lease to TENANT, and TENANT does hereby lease item LANDLORD, the ground floor Once space located at 511 and 513 East Ocean Avenue,Boynton Beach,Florida 33435("PWXft'"). This Lcaso replaces any and all prior lease agreements between LANDLORD and TENANT relating to the Property. The terms and conditions of this Lease are as follows: I. TERM. The term of this Lease shall be for three(3)years, commencing on October 15,2019, and unlc w carlior tcrminatcd in accordance with the tns of this Lcasc, expiring at 12:00 midnight on October 14,2022. 2_ RENT: (a) TENANT agrees to pay to LANDLORD, in lawful money of the United States,each month during the Teem of this Lease the sum of$4AW per month plus all applicable sales taxes("Rent"). Rent shall increase three percent(30/9)each year of the Tcrm commencing on the first anniversary. Rent shall be due on the 151b day of each month and shall be paid at LANDLORD'S address statedabove, or at such other place as LANDLORD may specify in writing. (b) In addition to any other rights of LANDLORD hereunder, in the event TENANT shall fail to pay rent or other sums due hereunder within five(5) days of its due date, LANDLORD may, at LANDLORD'S option, impose a late charge of 5%of such payment and such charge shall be deemed additional rent hereunder. The late charge is not a penalty, but liquidated damages to defray administrative and related expenses due to such late payment. 3. SECURITY DEPOSIT. Due to,the longterm of the tenancy by TENANT, no security deposit shall be required. 4. OCCUPANCY AND USE OF THE PREMISES. (a) TENANT shall occupy the Property as a commercial insurance office for TENANT only. WPBDM 1012"M2 (b) TENANT shall 'abide by and comply with all reasonable rules and regulations now or hereafier promulgated by LANDLORD and all ordinance and laws of all. governmental entities, whether federal, alato or local, having jurisdiction in tlW nlatticr. TENANT shall neither permit not commit, whether with or without knowledge or consent, any immoral, improper or unlawfid practice or act in-orupon pon the.Property. TENANT agrees not to make, nor permit .to be made, any disturbance, noise or annoyance of any kind which is detrimental to the Property. TENANT shall not, in any manner, alter, damage or deface the Property. (e) TENANT shall at all times. during the Tam maintain an active occupational lioensdbusiness taxreceipt with the City of Boynton Beach and any other applicable gove n nentid entities. (d) Provided that TENANT abides by all terms,obligations,and covenants of this Lease,TENANT shall enjoy quiet and peacefid poem ssion of the Property during the Team. S. LaILITIES. (a) During the Term, TENANT shall pay the cost of electric service, television/imterneL quaterly pest control, and any other utilities provided to or used at the Property, including all installation and activation fees and any deposits required by such utility providers. LANDLORD shall pay the cost of garbage,water,and sewer services. (b) Except in the instance of LANDLORD'S negligence, LANDLORD shall not be liable to TENANT in the event any.utility services am interrupted or become unavailable, for any reason whatsoever, and such interruption or unavailability shall not constitute actual or constructive eviction,nor be deemed an interference with TENANrs occupancy of the Property, nor shall Rent be abated during any such period of interruption or unavailability. 6. MAINTENANCE AND REPAIRS. HURRICANE PROTECTION: SURRENDER OF PROYBRTY-AND 1NSURANCF- (a) TENANT shall, at its sole expense, keep and maintain the Property in good, clean and amutary condition and repair during the Tarn of flus L.easa TENANT small be responsible for the maintenance and repair of the building and the HVAC systern during the Tenn. However, LANDLORD shall be responsible far the replacement of the roof, building struotur%and HVAC system should rcplacemant be necessary. (b) TENANT shall not drain,nor permit the drainage of,grease into.the toilets or sinks. (c) In the event of a hurricane watch or hurricane warning, TENANT shall use reasonable efforts to secure the Property against damage. (d) TENANT shall engage a professional pest control contractor to provide calendar quarterly pest control service.. WPBDOCS 101298342 R. (e) TENANT shall, at the end of the Lease term, surrender and deliver to LANDLORD the Property, without demand, "broom clean" and in the same condition as it existed on the commencement date hereof,.reasonable wear and tear excepted. (f) During the Term, "TENANT shall provide, at TENANT'S expense, insurance adequate to insure all of TENANT'S personal property, fixtures, operations, and business interruption for its operations at the Property. TENANT shall also pay for and keep in full force and effect during the Term;commercial general liability insurance in an amount of not less than$1 million per occurrence and$2 million in the aggregate,naming LANDLORD as an additional named insured. Under no circumstance.shall LANDLORD be responsible or liable for TENANT'S personal propeft fixtures,or operations located at the Property.. 7. NO ADDITIONS OR ALTERATIONS. (a) TENANT shall not make any additions,changes or alterations in and upon the Property (other than painting) without the prior written consent of LANDLORD, which consent may be given or withheld in LANDLORD's reasonable discretion. LANDLORD may remove or change, at TENANT's.cost and expense, any addition, change or alteration made by TENANT without LANDLORD`sconsent,the charge for whim shall be paid by TENANT upon demand. (b) LANDLORD's interest.in the Property shall not be subject to mechanics' or other liens for improvements made by TENANT nor for services, labor or materials performed at.TENAN-rs request. (c) If any lien is filed against the Property for improvements or work claimed to have been dorm or for mteriuls uiuinwl to have been furnished to TENANT,the lien shall be- discharged by TENANT within ten (10) days thereafter, at TENANT's expense, and TENANT shall indemnify LANDLORD for any loss,cost,or expense incurred by LANDLORD as a.result. of TENANT'S violation of W3 provision. Tue foivWinb i nlannificativn 3ha11 survive termination or expiration of this Lease. 8_ IVIESTRUCTION BY QASUALTV. In the event the Property or .any portion thereof may be,rendered untenantable by reason of fire,.explosion or any other casualty, LANDLORD, at LANDLORD's option, may either repair the Property to make the same tenantable within sixty(60)days thereafter,or terminate this Lease. In such event,LANDLORD shall give TENANT ten (10) days' notice in writing of LANDLORD's intention .to repair or terminate this Lease. If LANDLORD elects to repair the damaged Property,LANDLORD shall proceed with due diligence and TENANT's Rent for that period of time during which tate Property is or remains untenantable shall be abated or apportioned. 9. PROPERTY LOSS.DAMAGE AND INDEMNIFICATION. (a) The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfactory condition and acceptable to TENANT. LANDLORD shall not be liable to TENANT, TENANT's family members, agents, licensees or invitees, for damage to persons or property caused by any WPBDOCS 10129934 2 9 individual or entity. LANDLORD shall not be liable for any patent or latent defects in the Property. (b) LANDLORD shall not be liable for the pry of bugs, vermin or insects in the Property. TENANT hereby releases LANDLORD fpm any and,all claims for loss, damage or injury of any Mature whatsocvcr to perm or property, hmIuding(without limitation) damage caused by theft,'vamialim,water, smoke, fire or other causes, or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. (c) TENANT further agrees to hold LANDLORD harmless and to indemnify LANDLORD from and against any and all claims,liabilities,.actions,causes of action,damage"4, costs and expenses whatsoever which may arise out of, result from or .be attributable to TENANT's use or occupancy of the Property, or any 'act or omission thereon (whether by TENANT, TENANr-s family mernbe s, agents, employees, licences or invitees), which indemnifieation shall include attorneys' fees at trial and appellate levels. The foregoing indemnification shall survive termination or expiration ofthis Liam (d) LANDLORD'S insurance does not cover loss or damage to any of TENANT's personal property or possessions. IfTENANT desires insurance coverage for any of TENANT's personal property or possessions, TENANT shall. obtain- and pay for any such insurances coverage. 14. ASSIGNMENT OR SUBLEASING. TENANT shall neither sublet the. Property or any part thereof nor assign (voluntarily or by operation of.law) this Lease or any interest therein,normortgagenor encumber the Property or this Lease. 11. RM OF ENTRY. LANDLORD shall have the right by or through itself or its agents or employees, to enter the Property at all reasonable hours. LANDLORD's entry into the Property shall. be for the purpose examining it and to, in LANDLORD's sole disciWon,make such repairs and alterations.as LANDLORD may deem necessary to insure the orderly and proper maintenance of same: In addition, LANDLORD specifically reserves the right to enter upon the Property at reasonable times after first having informed TENANT of LANDLOR.D's intention to.do so, for the purpose .of showing the Property to prospective: (i) tenants;(it)purchasers;or(iii)mortgagees. I2. DEFAULT. (a} If TENANT shall fail to pay any installment.of Rent or other sums on the due date or if.TENANT should fail to keep and perform each and every one of the terms and ennditinnc of this Lease, then and in any of such events, TENANT will be in default hereunder. IfTENANT should become in default hereunder,LANDLORD will have any and all. of the rights and remedies which the law of Florida confers upon a landlord against a tenant in default including, without limitation, the right to: (i) terminate this Lease and sue for unpaid Rent; and/or(ii)accelerate the entire unpaid balance of the Rent for the Tenn of this Lease and sue for the collection of such Rent;and/or(iii)take possession of the Property(and any and all of TENANT's personal property theaein) .and, at LANDLOMYs option, rent the Property for the account of TENANT. In the event that LANDLORD takes possession of the Property, it may WP13DOCS 10129M2 remove TENANTs personal property and store same at the expense of TENANT,without being. liable for damages therefor. In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT,LANDLORD shall receive the Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting (including, without limitation, the cost of brokerage, repair, alteration and all other sums) and apply any remaining Rent or proceeds to payment of Rent and other sums due hereunder alb TENANT shall remain liable for any deficiency. If at the time of any default by TENANT there remains any unrefvnded balance of the Security,then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity_ :In the evert TENANT shall fail to vacate the Property as and when required :hereunder, TENANT shall be deemed a tenant at sufferance and,in addition to any other rights and remedies accorded to LANDLORD,TENANT shall be charged, for each Jay during its owner, an amount equal to 2500/a of the rental amount which was due hereunder immediately prior to such holdover occupancy. (b) IL by reason of a default hereunder,.a party employs an attorney to enforce or otherwiseprotect its rights hereunder and such party prevails in litigation resulting from the default,the nob-prevailing party will owe and will pay the prevailing party's reasonable attorneys'fees(including fees at trial and appellate levels)and costs and expenses. 13. APPLIANCES AND AIR CONDITIONING. All fixtures and appliances at the Property are supplied by LANDLORD for the Tam of this Lease. 14, SUBORDINATION. This Lease is subject and subordinate to all ground or underlying leases, encumbrances,mortgages and other matters which may now or hereafter a1Rxt or become a lien upon the Property (or any portion thereot) and to any renewals, modifications, amendments, replacement or extensions thereof TENANT shalt execute any and all instruments.as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT Hereby irrevocably appoints LANDLORD as TENAN'I's attorney- in-fact to execute any and all such instruments. I.S. CUMULATIVE RE•MCDII S: LAVAS: NOTICES: INVALIDITY: WAIVER: SURRENDER: ENTIRE AGREEMENT: SUCCESS R ANS AS&QNS. All rights and remedies herein created for the benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be an election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD's resort to any other remedy in this Lease. This Lease shall be construed in accordance with Florida law. All notices shall be hand-delivered or mailed by certified trail, return receipt requested, to LANDLORD at the address.for payment of Rent and to TENANT (after the date of commencement of the Term of this Lease) at the property address. Notices to TENANT mailed in aa.ordmce with the terms hereof shall be deemed given when mailed; howevey notices to LANDLORD dwil be deemed received only upon actual receipt. Notices to TENANT may be effectuated by personally serving same on TENANT, any member of TENANT's family or any agent of TENANT found at or upon the Property. If any part or provision of this Lease is deemed by a court of competent jurisdiction to bee invalid or unenforceable,such invalidity or unenforceability shall not affect the remaining provisions,all of which shall remain in full force and effect. No act or thing done by LANDLORD shall be weHnocs 10129SU2 deemed an acceptance of a surrender of the Property or this Lease, and no agt to.accept the Property and surrender the Lease shall be valid unless in writing signed by LANDLORD. Delivery of keys to LANDLORD or its agent shall not-operate as a-termination of this lease or a surrender of the Property. The failure.of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance. 'Receipt of Rent by LANDLORD with.knowledge of breach of any provision of this.Lease shall not.be deemed a waiver of such breach No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waiver shall be in writing signed by LANDLORD and no payment of Rent of n lesser amount than that dun nor any endvrsatncut or statement on a check, shall be deemed an accord and satisfcetion and LANDLORD may accept such check or payment without prejudice to its right to reoover any unpaid rent or other sutras;or to puraw.any remedy provided in this Lease. This Lease contains flaw entire agreement between the parties with respect to the subject matter and supersedes any prior or oral agreements or understandings. All promises,covenants and agreements set forth in this Lease shall be binding upon and inure to the benefit of the parties hereto,and(to rho cadent permitted)their respective heirs,personal representatives,successors and assigns. 16. RA DON GAS. Radon ir.a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state requirements have been found in buildings in Florida Additional information regarding radon and radon testing maybe obtained from your county public health unit. [SIGNATURES CONTAINED ON FOLLOWING PAGES] WPBDOdS 10129M2 IN WITNESS WHEREOF,the parties hereto have executed this Luse on the date and year first above written. WITNESSES: LANDLORD: 500 Ocean l'ropertic.5, LLC, a Florida limited liability CyT any , Ile By: 1, 'ICY I .Oycr III, Managing Member TENANT: HARVEY F_ OYER ]R., INC., a Florida corporation, d/b/a OYER, MACOVIAK AND ASSOCIATES Robert Macoviak, its President wPBDOCS 10129814'_' CAFE BARISTA, INC. d/b/a HURRICANE ALLEY 527, 529, 531 &OFFICE 4 (533 E. OCEAN) BUSINESS LEASE -� � THIS LEASE executed this day of H 007,by and between er �of 1 Seacrest Blvd,.Bovnton Beach.FL 3 5. hereinafter called Lessor,and Caf6 Barista.Inc.d/b/a Hurricane Alley and Hurricane Alley Eye of Storm,Inc, of 527-531 E Ocean Avenue Boynton Beach FL 33435 hereinafter called Lessee, WITNESSETH,THAT: Lessor,in consideration of the covenants and agreements herein contained on the part of the Lessee to be kept and performed,does hereby lease,demise,and let to the Lessee under the Lessor the premises located at 527,529,531 E.Ocean Avenue.Boynton Beach.FL 33435 (see attached Legal Description "Exhibit A")to be occupied as a restaurant and ice cream parlor for a period of 60 months commencing on the 1st day of September .2007 and ending midnight on the 31st day of Au use,ZUj at an agreed aggregate rental of One Hundred Sixty-eight Thousand and N0/100($168.000,00)Dollars+annlicable Florida sales tax in lawful money installments of$3.000.00-plus applicable Florida sales tax,due and payable in cash,cashier's check,or.money order to Lessor or their assigns on each and every monthly anniversary of the commencement date during the term of this Lease(Except:Lessor agrees to waive all regular rent for the rest of the calendar year of 2007)to be paid at 512 S.Seacrest Blvd.,Boynton Beach,FL 33425 ,or at such other place as the Lessor may designate in writing. First monthly payment to begin January 1',2008. Lessee shall still be bound by all other terms and conditions of this lease from the date of commencement which is September 1,2007. In addition to the rental installment,Lessee agrees to pay Lessor as additional rent within five(5)days of rendition of Lessor's bill to Lessee,such costs,fees,and expenses paid or incurred by Lessor for: I)repairs made by Lessor caused by Lessee's misuse; 2)fees and expenses,including court costs and reasonable attorney's fees arising in connection with the enforcement of the terms of this Lease;and 3)such other expenditures advanced for the account of Lessee by Lessor required to be paid by Lessee under this Lease. This Lease is made upon the following expressed terms and covenants,all and every one of which are material and which the parties covenant and agree to keep and perform: l) SECURITY DEPOSIT AND AGREEMENT: Lessee shall deposit with Lessor upon the execution of this Lease the sum of$_25.00 as security for the prompt payment of the rent and for the full and faithful performance by Lessee of the terms,and covenants of this Lease,to be returned to Lessee,without interest,after Lessee has vacated the premises and upon the full performance of the provisions of this Lease. Lessee shall not use the security as rent. If Lessee should fail to perform any obligation imposed by this Lease or by law,or by the condo association, Lessor shall have the right to apply the security deposit against the costs,expenses and damages suffered by Lessor including unpaid rent installments and reasonable attorney's fees. The security deposit shall not be considered liquidated damages. 2) TAXES: Real estate taxes on the premises shall be paid by Lessee. Personal property taxes on personal property of Lessee,if any,shall be paid by Lessee not later than 30 days from when the tax bill first comes out beginning 2007. Since the space being leased by Lessee constitutes approximately%of the entire building the parties shall split equally the over all gross tax for the entire building. 3) INSURANCE: Personal property insurance covering Lessee's personal property shall be paid by Lessee. Public liability insurance shall be paid by Lessee (Coverages should be at least as follows: Fire Liability, $100,000.00;Liquor Liability,$1,000,000,00;and General Liability,$1,000,000.00/$2,000,000.00). Lessor shall be added to the insurance policy as an additional insured,which policy shall include a waiver of subrogation rights by Lessee's insurance carrier. Lessor may at any time perform such acts as may be required of Lessee hereunder, or advance premiums required to be paid by Lessee,the same thereupon becoming additional rent and immediately due. 4) MAINTENANCE: Maintenance of all plumbing, lighting and appliances, including, but not limited to refrigerator,air conditioning and heating equipment shall be made by and paid by Lessee. Lessee acknowledges that all such appliances have been turned over to Lessee in good working order and that all said appliances shall be returned back to landlord in good working order and that Lessee agrees to maintain the appliances in said condition throughout the term of the lease. Lessee shall forthwith have repair done in a workmanlike manner at its expense, all damage to the demised premises,or any portion thereof,resulting from the act or negligence of Lessee,its family, servants or guests and only such types of repairs. If Lessee fails to make such repairs,Lessor may,but shall not be obligated to do so,make such repairs,and Lessee shall reimburse Lessor for the cost thereof,without demand,as an additional payment of rent under this Lease. Lessee agrees and acknowledges that it will not install any additional locks on any doors nor will Lessee change any existing locks without first obtaining the Lessor's express Page 1 of 4 written permission and providing the Lessor a duplicate key. Lessee shall further make reasonable provisions for and shall pay the cost of extermination services,and shall keep all plumbing and appliances clean,sanitary and in good repdir at its expense. 5)IMPROVEMENTS:Any improvements and repairs made to the premises by the Lessee shall meet all city and state code requirements. All costs of improvements or repairs shall be paid by Lessee. 6) UTILITIES: Telephone bills shall be paid by Lessee. Electric bills and cable television shall be paid by Lessee. Lessee is responsible for making arrangements with the utility companies in Lessee's name,including required deposits,for all utility services to be paid for by Lessee. Lessee will be responsible for sewer,water and garbage and all occupational licenses. 7) COMPLIANCE: The Lessee shall promptly execute and comply with all statutes,ordinances,rules,orders, regulations and requirements of the Federal, State and City Government for the correction, prevention, and abatement of nuisances or other purposes in,upon or connected with said premises during said term. Further, Lessee agrees to comply with all building rules and regulations. 8)PREMISES CONDITION: Except as specified in any notices to landlord pursuant to section 18 of this lease, the Lessee has examined and knows the condition of the premises and acknowledges that they are received in good order and repair;that they are tenantable,and that upon the termination of this Lease in any way,Lessee covenants to yield the premises to Lessor in as good condition as when entered upon by Lessee, ordinary wear and tear expected. Lessee shall remove all trash and debris from the premises and shall leave them in broom clean condition. All appliances shall be cleaned by Lessee and returned to Lessor in good operating condition. 9) PETS: Lessee covenants to refrain from keeping any pets upon the premises. 10) RIGHT OF ENTRY: Lessor,or its agents shall have the right to enter the premises,upon reasonable notice, at all reasonable hours for the purpose of examining or exhibiting the same;to make any repairs,alterations,or changes on the premises which Lessor may deem fit to make,or to place any sign therein or thereon for sale or rent and to show the same to prospective purchasers or tenants. Lessee shall not inhibit sales efforts of Lessor. However,sale of the property will not terminate this lease during its term. 11) WASTE PROHIBITED: Lessee shall not commit,nor suffer to be committed,any waste upon the premises, the appliances or furnishings,if any;not cause any nuisance or'breach of the peace,nor commit or permit to be committed any other act or deed which may disturb the quiet enjoyment of any other person or person's property in the neighborhood. 12) ASSIGNMENT AND SUBLETTING: Lessee may not assign this Lease or sublet the premises or any part thereof without the prior written consent of the Lessor. In the event such consent is given,Lessee agrees to pay the Lessor reasonable attorney's fees for the preparation and execution of such documents deemed necessary by the Lessor to he executed in connection with the assignment or subletting. 13) LESSOR LIABILITY: Lessee will indemnify and hold Lessor exempt and harmless from any liability,loss, cost,or obligation on account of any damage or injury to any person,or to the property of any person,arising in any manner from the use or occupation of the premises by the Lessee,its family,employees,servants,and guests and Lessee shall provide thereon insurance for same. 14) OPTIONS UPON DEFAULT: If Lessee shall violate any tern or covenant under this Lease,in addition to the relief allowed under Florida Statute, Chapter 83, the Lessor may re-take possession of the premises for the account of Lessee and re-let the same as agent of the Lessee;and the Lessee hereby irrevocably appoints Lessor its lawful attorney-in-fact for this purpose. Lessee shall,in such event,remain liable to Lessor for any deficiency,loss, costs,or damages sustained or incurred during the remainder of the term. 15) ATTORNEY'S FEES AND COSTS: Lessee agrees to pay all costs, fees, expenses,and a reasonable attorney's fees in the event of eviction,enforcement of any term or covenant of this Lease,or for the collection of any unpaid rent,whether suit be brought or not;and the security may serve as a source of such payment. 16) ESTOPPEL STATEMENT: Lessee agrees to execute and deliver to Lessor,within five(5)days of written request,a statement setting forth a)that the Lease is in full force and effect without modification;b)that Lessee has no claim,get-off,or defense to the Lease;c)the amount of the security deposit;and d)the dale through which rent has been paid. Failure to execute and deliver such statement within the time required shall be construed as Lessee's Page 2 of 4 representation that the Lease is in good standing without modification and that the Lessee has no claim,set-off,or defense to the Lease. ., 17) HOLDING OVER-DOUBLE RENT: If Lessee holds over and continues in possession of the premises,or -any part thereof,after the expiration of the Lease without Lessor's permission Lessormay recover double the amount of the rent due for each day Lessee holds over and refuses to surrender possession. Such daily rent shall be computed by dividing the rent for the last month of the Lease by fifteen. 18) AS IS: Lessee has inspected the premises and is familiar and satisfied with its present condition. The taking of possession of the premises byLessee shall be conclusive evidence that the premises were in good and satisfactory condition at the time such possession was taken. 19) FURNISHED PREMISES: The premises are rented unfurnished. 20) SUBORDINATION: This Lease is expressly made subject to and subordinate to all mortgages now upon or hereafter placed upon the premises by Lessor. Lessee irrevocably appoints Lessor its attorney-in-fact to execute such instruments as might be deemed expedient by Lessor to evidence implementation of this paragraph. 21) ASSIGNMENT: The Lessee shall not assign,mortgage,or encumber this Lease,nor sublet or permit the leased property or any part thereof to be used by others without the prior written approval of the condominium association. 22) NON-DISTURBANCE: The Lessee agrees not to use the demised premises,or any part thereof,or permit the same to be used for any illegal, immoral or improper purposes; not to make, or permit to be made, any disturbance,noise or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the demised premises. 23) INSPECTIONS: Lessee acknowledges that the Lessor shall have the right to make inspection of the premises at any reasonable hour. 24) NOTICES: Any notice required to be given shall be made by Certified Mail,Return Receipt Requested, mailed to the last known address of the party to be notified. 25) PERSONS BOUND: This Lease shall be biding upon and inure to the benefit of the parties and their respective heirs,personal representatives,successors,and permitted assigns. 26) FLORIDA LAW-. All parties agree that this Lease shall be construed for all purposes under the laws of the State of Florida. 27 TIME: Time is of the essence in this Lease. 28) COMPLETE AGREEMENT. This Lease constitutes the complete agreement and understanding between Lessor and Lessee,and no future agreement,understanding,or modification of this Lease shall be valid,binding, or enforceable against either party unless reduced to writing signed by Lessor and Lessee. 29) RECEIPT OF FUNDS: Lessor acknowledges that it has,or its agent has received the sum of$�?20 subject to check clearance,applied as follows: Security Deposit: $ 5 00 ; First Month's Rent: $_3,000.00+ $195.00 State Sales Tax;Last Month's Rent: 30) SPECIAL PROVISIONS: There shall be a 10%late fee for any rent payment more than 5 days overdue. The lessees shall have the option to renew for an additional five(5)years at the original rate. There shall be a CPI adjustment to the rent which shall be limited both upward and downward by 5%for the five renewal years. Lessee shall have right of 1sT refusal if Lessor should decide to sell property. Specifically,Lessor shall give Lessee five (5)days notice before placing properly on market and Lessee shall have four(4)days thereafter to accept terms being offered. 3I)HURRICANE SHUDDERS: Lessee shall be responsible for boarding up the windows and doors on the premises covered in this lease. Page 3 of ' 9 H IN WITNESS WHEREOF,the Lessor and Lessee have hereunto set their hands the day and year first above written. Sled,. aled and delivered in the presence of: &EWS"", ' = L OR:, H VE.. Et` WITNESS s y t � t e ^ n 3r v l a WITt`i" y LE:.SEE KIM I LLY, esident of CAF>;$ARISTA,INC.d /a HURRICANE ALLEY iTN< s WITNE,'S LESS E. KIM TALLY, esident of HURRICANE ALLEY I OF STORM,INC, WITNESS Prepared by: MARTINCAVAGE&HILEMAN,P.A.,1200 S.FEDERAL HIGHWAY,SUITE#201 BOYNTON BEACH,FL 33435-PHONE:561-736-2888 FAX:561-736-9612 Page 4 of 4 LEASE AMENDMENT THIS LEASE AMENDMENT("Amendment")is entered into effective as of the 1 st day of January 2011 ("Effective Date) between HARVEY E. OYER III, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HARVEY E. OYER, JR. ("Lessor'), having an address of 511 East Ocean Avenue,Boynton Beach,Florida 33435,and CAFE BARISTA, INC., a Florida corporation,d/b/a Hurricane Alley Raw Bar&Restaurant("Lessee"), whose address is 529 East Ocean Avenue,Boynton Beach,Florida 33435. RECITALS: WHEREAS, Harvey E. Oyer, Jr., as lessor, and Lessee entered into that certain Business Lease ("Lease"), dated October 2, 2007, for ground floor retail space located at 527, 529, and 531 East Ocean Avenue, Boynton Beach, Florida to be used exclusively as a restaurant("Leased Premises");and WHEREAS, Harvey E. Oyer, Jr. died on December 18, 2010 and Lessor, by operation of law,became landlord of the Leased Premises;and WHEREAS,Lessor and Lessee mutually desire to amend the Lease in accordance with the terms and conditions contained herein. NOW, THEREFORE, in consideration of the above recitals, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which both parties hereto acknowledge, Lessor and Lessee hereby agree as follows: AGREEMENT: 1. RECITALS. The above Recitals are true and correct and are incorporated herein by this reference. 2. ALTERATION TO THE LEASED_PREMISES. Lessor and Lessee agree that Lessee shall be permitted to cut an opening in the east wall of the 529 East Ocean Avenue portion of the Leased Premises in order to connect it to the 531 East Ocean Avenue portion of the Leased Premises ("Doorway Connection"). The Doorway Connection shall be constructed in such a manner so as to: (a) comply with all laws, statutes, ordinances, and building construction codes; (b) maintain or enhance the load-bearing qualities of the existing wall; (c) utilize construction materials and finishes that are compatible with the existing, original construction materials in the Leased Premises; and (d) be no larger than the existing doorway opening connecting the 529 East Ocean Avenue portion of the Leased Premises to the 527 East Ocean Avenue portion of the Leased Premises. Lessee shall be responsible for all costs associated with the construction of the Doorway Connection, including but not limited to all materials, labor, permits, inspections, fines, and penalties. At no time shall Lessee be permitted to encumber the Lease, the Leased Premises or any portion thereof. Lessee shall not permit any notices of commencement, notices to owner, or liens of any kind or nature whatsoever to be recorded or to attach to the Leased Premises or the property to which the Leased Premises is a part. Lessee shall pay all liens of contractors, subcontractors, mechanics, laborers, materialmen and all other like character, and shall indemnify Lessor against all expenses, costs and charges, including bond premiums for release of liens and attorney's fees, disbursements, and costs reasonably incurred, at all trial and appellate levels, in the defense of any suit in discharging the Leased Premises or any part of it from any liens,judgments,or encumbrances caused or suffered by Lessee or any party acting by, through,or under Lessee or in any other way arising from or related to the Doorway Connection. With respect to the Doorway Connection, Lessee shall indemnify Lessor against all losses, costs, damages, and expenses of any kind or nature whatsoever, including court costs and attorneys fees, resulting from personal injury, death, damage to the Leased Premises,damage to the building in which the Leased Premises is situated, or any breach of the terms of the Lease or this Amendment. 3. ALCOHOLIC BEVERAGE LICENSE. Lessee hereby warrants and represents to Lessor that Lessee currently possesses all licenses necessary to serve beer and wine at the Leased Premises. Lessee desires to obtain all licenses and approvals necessary to serve all forms of alcoholic beverages at the Leased Premises (collectively, the "Alcohol_License") and Lessor is agreeable to allow Lessee to do so but only upon the terms and conditions contained in this Amendment Lessee shall be responsible for all costs and expenses associated with obtaining and maintaining the Alcohol License. Lessee shall at all times operate the Leased Premises and use the Alcohol License in conformance with all laws, statutes, and ordinances. Lessee agrees that the current hours of operation at the Leased Premises (Sunday to Thursday 11 am to 11 pm and Friday and Saturday 11 am to 12 am) shall not be increased or extended. Lessee agrees that at no time will it offer solo drink specials that are not associated with a food and drink pairing special. Lessee agrees that it will not have or promote alcoholic drink specials (e.g. `Jcllo shots") or nights (e.g. "Ladies Night'). Lessee agrees that it shall not advertise, promote or otherwise hold itself out to the community as a bar or nightclub. Lessee acknowledges and agrees that the conditions contained in this Amendment and the duties and obligations imposed upon Lessee herein are a material inducement to Lessor to agree to the Alcohol License and that the breach by Lessee of any of the conditions contained in this Amendment shall be a material breach of the Lease and shall entitle Lessor to all remedies at law and in equity. In consideration of Lessor permitting Lessee to obtain and maintain the Alcohol License at the Leased Premises during the term of the Lease, Lessee shall pay to Lessor an additional One Thousand and No/100 Dollars ($1,000.00) of Rent per month during the term of the Lease. Such additional rent shall become due and payable beginning on the first day of the first full month after Lessee obtains the Alcohol License. Such additional rent shall be added to and paid to Lessor in the same manner as the Rent under the Lease. 4. RENT. At Lessee's request, Lessor hereby authorizes and permits Lessee to divide the monthly Rent payments (including any additional rent, sales taxes, real estate taxes, and garbage fee reimbursements that Lessee owes to Lessor)so that one half of the monthly Rent shall be paid by Lessee to Lessor on the 1'day of each month during the term and the remaining one half of the Rent shall be paid by Lessee to Lessor on the 15`h day of each month. 5. RESTAURANT SIGNAGE. Lessor hereby authorizes Lessee, at Lessee's sole cost and expense,to install the restaurant signage depicted on Exhibit"A" attached hereto to the south fagade of the second story of the building in which the Leased Premises is located ("Restaurant Si e"). The Restaurant Signage shall be constructed in such a manner so as to: (a) comply with all laws, statutes, ordinances, and building construction codes; (b) be non- invasive or minimally invasive to the building wall;(c)utilize construction materials and finishes that are compatible with the existing, original construction materials of the building; and (d)be no larger than as depicted on Exhibit"A attached hereto. Lessee shall,at Lessee's sole cost and expense, be permitted to add up to two (2) light fixtures to illuminate the Restaurant Signage at night,provided that: (a)the lights do not shine into any of the upstairs windows; and(b)Lessee shall pay all electric charges and maintenance costs associated with the operation of the lights. Lessee shall be responsible for all costs associated with the construction of the Restaurant Signage, including but not limited to all materials, labor, permits, inspections, fines, and penalties. At no time shall Lessee be permitted to encumber the Lease, the Leased Premises or any portion thereof. Lessee shall not permit any notices of commencement, notices to owner, or liens of any kind or nature whatsoever to be recorded or to attach to the Leased Premises or the property to which the Leased Premises is a part. Lessee shall pay all liens of contractors, subcontractors, mechanics, laborers, materialrnen and all other like character, and shall indemnify Lessor against all expenses, costs and charges, including bond premiums for release of liens and attorney's fees, disbursements, and costs reasonably incurred, at all trial and appellate levels, in the defense of any suit in discharging the Leased Premises or any part of it from any liens,judgments,or encumbrances caused or suffered by Lessee or any party acting by, through, or under Lessee or in any other way arising from or related to the Restaurant Signage. With respect to the Restaurant Signage, Lessee shall indemnify Lessor against all losses, costs, damages, and expenses of any kind or nature whatsoever, including court costs and attorneys fees, resulting from personal injury, death, damage to the Leased Premises, damage to the building in which the Leased Premises is situated,or any breach of the terms of the Lease or this Amendment. 6. EXTENSION OF TERM. Lessee desires to extend the term of the Lease for an additional five(5)years after the currently scheduled expiration of the existing term of the Lease on August 31, 2012. Lessor and Lessee hereby agree that the Lease term is hereby extended an additional five(5)years and shall expire on August 31,2017. The Rent shall remain the same as it is as of the effective date of this Amendment up to and including August 31, 2012, that is $3,000 per month,plus additional rent of$1,000 per month for the Alcohol License(if in use by the Lessee), plus applicable sales taxes on the rent and additional rent, plus one-half the annual real estate taxes on the building in which the Leased Premises is located, and one-half of the garbage dumpster service. Beginning September 1, 2012 and continuing until August 31, 2014, the Rent shall be $4,100 per month, plus additional rent of$1,000 per month for the Alcohol License (if in use by the Lessee), plus applicable sales taxes on the rent and additional rent, and one-half of the garbage dumpster service. During this two year period, Lessee shall not pay Lessor one-half of the real estate taxes for the building in which the Leased Premises is located. Beginning September 1, 2014 and continuing until August 31,2017,the Rent shall be$4,500 per month,plus additional rent of$1,000 per month for the Alcohol License(if in use by the Lessee), plus applicable sales taxes on the rent and additional rent, and one-half of the garbage dumpster service. During this three year period, Lessee shall not pay Lessor one-half of the real estate taxes for the building in which the Leased Premises is located. 7. INSURANCE. Commencing upon the execution of this Amendment and at all times during the tern of the Lease, including all extensions of the Lease term, Lessee shall pay for and maintain: (a) replacement cost personal property insurance covering all of Lessee's personal property located on the Leased Premises; (b) public liability insurance in amounts no less than $100,000.00 for property damage, $1,000,000.00 for liquor liability, and $1,000,000.001$2,000,000.00 general liability on an occurrence basis; and (c) worker's compensation insurance as required by statute. Lessor shall be added to all insurance policies as an additional insured, which policy shall include a waiver of subrogation rights by Lessee's insurance carrier. Lessor may at any time perform such acts as may be required of Lessee hereunder, or advance premiums required to be paid by Lessee, the same thereupon becoming additional rent and immediately due. 8. SECURITY. Lessee has requested that Lessor not require a security deposit or a general personal guaranty of the Lease by Kim Kelly due to the long-term tenancy of Lessee at the Leased Premises. Lessor hereby agrees to this request by Lessee. Lessor and Lessee do, however, hereby agree that upon execution of this Amendment, Lessee shall execute a UCC-1 Financing Statement C UCC"), to be recorded with the Florida Secretary of State, that provides Lessor a security interest in all personal property and fixtures located on the Leased Premises during the term of this Lease. Such personal property and fixtures shall serve as Lessor's security for Lessee's full and faithful performance of the terms and conditions of the Lease, as amended from time to time. In addition to the UCC,Kim Kelly hereby personally guarantees the clean-up and restoration of the Leased Premises to broom clean condition upon the expiration or earlier termination of the Lease, including but not limited to the removal of all signage and the restoration of the any damage, holes, or marks to the building in which the Leased Premises is located. This limited personal guaranty by Kim Kelly shall be a continuing personal obligation that shall be legally enforceable against Kim Kelly by Lessor in accordance with the terms of this Amendment. 9. OTHER LEASE PROVISIONS. Unless specifically amended by this Amendment, all.other terms and conditions of the Lease remain unchanged and in full force and effect. [Signature page follows IN WITNESS WHEREOF,the Lessor and Lessee have executed this Amendment effective as of the day and year first above written. Signed, sealed and delivered in the presence of LESS HARVEYE. OYER HI,.AS PERSONAL fAR S ATI F T E EA F E JR. Print Name: & er III, nal Representative P nt Name. -- LESSEE: CAFE BARISTA, INC.,a Florida corporation,d/b/a Hurricane Alley Raw Bar R urant Print e: _ Felly, e 'dent 0 Print N e: LIMITED PERSOMA I GUARANTY: klii,� ke- Fn4nt N e: rim ehy,i ivi y my1fFersonally Print e: LEASE AMENDMENT THIS LEASE AMENDMENT teffective day of 1 " Date") between HARVEY E. OYER 111, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HARVEY E. OYER, JR. ("Lessor'), Floridaaddress of 511 East Ocean Avenue, Boynton Beach, INC., a Florida corporation,d/b/a Hurricane Alley Raw Bar&Restaurant("I&ILee 529 East Ocean Avenue,Boynton Beach, i Florida . whose address Oyer,WHEREAS, Harvey E. Jr., as lessor, and Lessee entered into that certain Business Lease " " , dated October 2, 2007, for ground floor retail space located at 527, 529, and 1 East Ocean Avenue, Boynton Beach, Florida to be used exclusively " Prernhg");and Harvey E. Oyer, J . died on December 18, 2010 , by operation of 1 ;and enteredWHEREAS, Lessor and Lessee t t dated effective January 1, ;and WHEREAS, Lessor and Lessee mutually desire to further amend the Lease in accordance with the terms and conditions . NOW, THEREFORE, in consideration of the above recita][s� the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency iacknowledge, lI I RECITALS. The above Recitals am true and correct and are incorporated herein by this e . specifically2. OTHER LEASE PROVISIONS. Unless is unchangedAmendment all other terms and conditions of the Lease remain o effect. . LICENSE FOR USE OF SID_EKAL . Lessee has requested the use of a portion of a sidewalk Fashion Shoppe Boutique, Inc. ("ESB"). Lessee desires to utilize that portion of the sidewalk located in fiunt ,as mom 1 i i " "attacked hereto C' is "), seating incident 's operation of Hurricane__ _Alley as a restaurant. Lessor hereby grants to Lessee a license to utilize Area for the sole purpose of outdoor seating incident to Lessee's operation of Hurricane Alley as a restaurant,but only upon the terms and conditions contained in this Amendment. Lessee shall marls the sidewalk in an inconspicuous manner that allows Lessee's employees to place Lessee's tables and chairs in the same spots each day. Lessee shall ensure that all tables and chairs located in the License Area stay in their designated spots,as depicted on Exhibit"A",at all times. At no time shall any tables or chairs be placed in front of FSB's entrance or west of FSB's entrance. Lessee shall be prohibited from connecting tables or placing large parties in the License Area Lessee shall place and maintain at all times two planters into the locations depicted on EXWhJIt"A"to direct pedestrian traffic. Lessee shall at all times have a copy of Exhibit"A"in the restaurant so that Lessee's staff is aware of correct placement of the tables and chairs in the License Area. Lessee shall ensure that no dogs,dog water bowls,chairs,strollers, or any other animal or object be permitted in front of FSB's windows,entrance,merchandise, mannequins,or display area Lessee shall ensure that its staff clean up after each table turnover in a timely manner,never allowing plates,food,or trash to remain on the tables in the License Area Lessee shall ensure that no trash is allowed on the sidewalk of the License Area at any time. Lessee shall be responsible for the cleaning (including regular pressure cleaning)and maintenance of the License Area The table closest to FSB's store shall be designated as the "FSB Men's Store Table"and be made available to FSB's owners,staff,employees,and guests when it is available and,if occupied,FSB's owners,staff,employees,and guests shall be next in line for said table. Lessee shall make best efforts to have its employees attach to each of Lessee's customer's receipts a$5 gift card for FSB's store located adjacent to the Leased Premises. FSB shall provide Lessee with the$5 gift cards. [Signature page follows] x /7 F58 Area I ,y•�I + 4 ov To4lerero r eel ' 1 10 0 C � i .r- e CZ C { r ) ® ewrn s� �ti kf OULL u 1p @ r ` J (' A • j a W. S �• F,-< �frdN T7e�Y+1. P.'to�eVA___. __ .._ �. IN WITNESS WHEREOF,the Lessor and Lessee have executed this Amendment effective as of the day and year first above written. Signed,sealed and delivered in the presence of LESSOR: HARVEY EOYEPylll, AS PERSONAL REPRE TA E OF THE ESTATE OF ti R,JR. 77!- rint Name: ,,, ,,• L. II,p Represen ve Print Name: LESSEE: CAFE BARISTA, INC.,a Florida corporation,d/b/a Hurricane Alley Raw Bar 8c urant 49, At N6 N e: Iii ally,P;Q ent ACKNOWLEDGED AND AGREED TO: -_ FASHION SHOPPE BOUTIQUE,INC., a Print Name ' v rr n 3 C;o i,rgol r Florida corporation 4 in ame: John Marquez, ident ` y J LEASE AMENDMENT THIS LEASE AMENDMENT("Amendment")is entered into effective as of the 10 day of September 2017 ("Effective Date's between 500 OCEAN PROPERTIES, LLC, a Florida limited liability company ("Lessor"), having an address of 511 East Ocean Avenue, Boynton Beach, Florida 33435, and CAA BARISTA, INC., a Florida corporation, d/b/a Hurricane Alley Raw Bar& Restaurant ("Lessee's, whose address is 529 East Ocean Avenue,Boynton Beach,Florida 33435. RENTALS: WHEREAS, Harvey E. Oyer, Jr., as lessor, and Lessee entered into that certain Business Lease("Lease'),dated October 2,2007,for ground floor retail space located at 527, 529,and 531 East Ocean Avenue,Boynton Beach,Florida to be used exclusively as a restaurant("Leased Premises');and WHEREAS, Harvey E. Oyer, Jr. died on December 18, 2010 and Lessor became the owner and landlord of the Leased Premises;and WHEREAS, Lessor and Lessee entered into that certain Lease Amendment dated effective January 1,2011 which, among other changes,granted Lessee the right to make specific alterations to the Leased Premises, obtain an alcoholic beverage license, install signage,and extend the term of the Lease;and WHEREAS, Lessor and Lessee entered into that certain Lease Amendment dated July 2011 which granted Lessee a license for use of a portion of the sidewalk;and WHEREAS, Lessor and Lessee entered into that certain Lease Amendment dated September 1, 2014 which added 533 East Ocean Avenue, Office 4 to the Leased Premises;and WHEREAS, Lessor and Lessee mutually desire to further amend the Lease in accordance with the terms and conditions contained herein. NOW, THEREFORE, in consideration of the above recitals, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which both parties hereto acknowledge, Lessor and Lessee hereby agree as follows: AGRFFnra:NT• 1. RECITALS. The above Recitals are true and correct and are incorporated herein by this reference. 2. OTHER LEASE PROVISIONS. Unless specifically amended by this Amendment,all other terms and conditions of the Lease,as previously amended,remain unchanged and in full force and effect. 3. EXTENSION OF TERM AND RENT. Lessor and Lessee mutually desire to extend the term of the Lease for an additional five(5)years after the expiration of the existing term of the Lease on August 31,2017. Lessor and Lessee hereby agree that the Lease term is hereby extended an additional five(5)years and shall expire on August 31, 2022. For the first three(3)years of the extended term of the Lease,the Rent(defined below)shall remain the same as it is on the Effective Date hereof. For year four(4)of the extended term of the Lease,the Rent shall increase 5%. For year five(5)of the extended term of the Lease,the Rent shall increase an additional 5%. The Rent shall be $5,875 per month,which includes$4,500 of base rent for the restaurant,$1,000 for the Alcohol License,and$375 for the upstairs Office 4. Lessee shall pay the Rent,plus all applicable sales taxes,to Lessor each month,without demand,at Lessor's office. At Lessee's request,Lessor hereby authorizes and permits Lessee to divide the monthly Rent payments so that one-half of the monthly Rent shall be paid by Lessee to Lessor on the 1" day of each month during the extended term hereof and the remaining one-half of the Rent shall be paid by Lessee to Lessor on the 151 day of each month during the extended term hereof. In addition to the Rent,Lessee shall pay to Lessor one-half of the property taxes and assessments for the building within thirty(30)days after Lessor provides Lessee with a copy of the annual property tax brill,usually early November of each year. In addition to the Rent,Lessee shall also pay to Lessor each month one-third of the garbage and recycling dumpster fees and taxes. 4. RIGHT OF FIRST REFUSAL. Prior to or upon the expiration of the extended term of the Lease provided for herein,Lessee shall have a right of first refusal to match the terms and conditions of any lease for the Leased Premises that Lessor obtains from a third party potential lessee. After presentation by Lessor to Lessee of the terms and conditions of any third party potential lease,Lessee shall have ten(10)days in which notify Lessor of its intention to exercise the right of first refusal and match the same terms and conditions. Should Lessee fail to agree to match the same terms and conditions within said ten(10)period,Lessee's right of first refusal shall be waived and Lessor may proceed to lease the Leased Premises to the third party. Should Lessee exercise its right of first refusal within said ten(10)days,Lessor and Lessee shall enter into a new or amended lease agreement for the Leased Premises on such terms and conditions contained in the right of first refusal notice. [Signature page follows] IN WrrNESS VVHEREOF,the Lessor and Lessee have executed flus Amendment effective as of the day and year first above written. Signed,sealed and delivered in the presence of LESSOR: 508 Ocean Properties,LLC,a Florida limited liability company BY: ... Its: Mmia&gember Print Name. , ( 0,j LESSEE: CAFt BARISTA,INC.,a Florida corporation,d/b/a Hurricane Alley Raw Bar&Restaurant Print Name:, berlB.Kel Sident 9Print Nam KALA MARKETING GROUP OFFICE #1 OFFICE SPACE LEASE AGREEMENT THIS COMMERICAL LEASE AGREEMENT ("Lease") is made effective as of the Is` day of September 2014, between 500 OCEAN PROPERTIES, LLC, a Florida limited liability company, whose mailing address is 511 East Ocean Avenue, Boynton Beach, Florida 33435 ("LANDLORD") and KALA MARKETING GROUP ("TENANT"). WITNESSETH: That LANDLORD, for and in consideration of the covenants, agreements and conditions herein contained, on the part of TENANT to be kept and performed, does hereby lease to TENANT, and TENANT does hereby lease from LANDLORD, Office 1 located at 533 East Ocean Avenue, Boynton Beach, Florida 33435 ("Property"). The terms and conditions of this Lease are as follows: 1. TERM. The term of this Lease shall be for one (1) year, commencing on September 1,2014 and ending on August 31,2015. 2. RENT. (a) TENANT agrees to pay to LANDLORD in lawful money of the United States the sum of Three Thousand and No/100 Dollars ($3,000.00) on or prior to the commencement date, which stun represents the first six (6) months of rent at the rate of Five Hundred and No/100 Dollars ($500.00) per month ("Rent"). TENANT agrees to pay to LANDLORD in lawful money of the United States the sum of Three Thousand and No/100 Dollars ($3,000.00) on or prior to March 1, 2015, which sum represents the second six (6) months of Rent at the rate of Five Hundred and No/100 Dollars ($500.00) per month. Rent shall be paid at LANDLORD'S address stated above, or at such other place as LANDLORD may specify in writing. LANDLORD agrees that, in the event that LANDLORD and TENANT mutually agree to renew this Lease for an additional year, that the Rent shall not increase by more than five percent(5%)per annum. (b) Upon the execution hereof, TENANT shall pay to LANDLORD: (i) the sum of Three Thousand and No/100 Dollars ($3,000.00) as prepaid rent for the first six (6) months of the Term; and (ii) the sum of Five Hundred and No/100 Dollars ($500.00)representing the Security Deposit (defined below). (c) In addition to any other rights of LANDLORD hereunder, in the event TENANT shall fail to pay rent or other sums due hereunder on its due date, TENANT shall pay to LANDLORD a late fee in the amount of Thirty and No/100 Dollars($30.00) for each calendar day that the Rent is late beyond the due date. The late fee is not a penalty, but liquidated damages to defray administrative and related expenses due to such late payment. WPBDOCS 8540135 2 3. SECURITY DEPOSIT. TENANT hereby deposits with LANDLORD the sum of Five Hundred and No/100 Dollars ($500.00) as a security deposit (the "Security Deposit'), the receipt of which is hereby acknowledged, which sums shall be held by LANDLORD upon the following terms and conditions: (a) As security for the performance by TENANT of all of the terms, conditions and covenants of this Lease;and (b) As security for the return by TENANT to LANDLORD of the Property in accordance with the terms of this Lease. The Security Deposit shall not be construed as,or applied, in payment of any rental herein reserved to be paid;and (c) In the event of default of any kind by TENANT, then and in such event, LANDLORD shall be deemed authorized, at LANDLORD's option, to retain the Security Deposit as liquidated, stipulated and agreed upon damages; provided, however, that in no event shall LANDLORD be deprived of any other remedy, whether at law or equity or reserved by the terms of this Lease, regardless of retention by LANDLORD of the Security Deposit;and (d) Upon expiration of the Term of this Lease, and in the event that there has been no default of any kind whatsoever on the part of TENANT, the Security Deposit shall be returned to TENANT or LANDLORD shall give TENANT written notice of LANDLORD's intention to impose a claim against the Security Deposit on account of loss or damage to the Property, reasonable wear and tear excepted. There shall be no interest paid on the Security Deposit and LANDLORD may commingle the Security Deposit with other of LANDLORD's funds. 4. INSURANCE: (a) TENANT shall obtain general liability insurance covering the activities of TENANT and TENANT'S employees, agents, contractors, guests, customers, and invitees while on the Property in an amount of no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) each occurrence. LANDLORD shall be listed as additional insured and a certificate of insurance shall be provided to LANDLORD within three (3) days after the commencement of this Lease. TENANT shall require its insurance company to provide at least thirty(30) days prior written notice to LANDLORD before canceling or altering the liability insurance policy. (b) TENANT shall obtain insurance covering TENANT'S personal property and inventory located at the Property. Under no _circumstance shall LANDLORD be responsible onsible or liable for TENANT'S ersonal roe or inventory located at the Property. 5. OCCUPANCY AND USE OF THE PREMISES. (a) TENANT shall occupy the Property for office purposes only. TENANT shall not change, alter or install locks without the prior written consent of LANDLORD. WPBDOCS 8540135 2 (b) TENANT shall not allow any pets or animals on the Property without LANDLORD'S prior written consent (which shall be given or denied in LANDLORD's sole and absolute discretion). (c) No smoking shall be permitted within the offices in the hallwaysL or common areas of_the Pro ert`y at anytime with no exceutions. (d) TENANT shall abide by and comply with all reasonable rules and regulations now or hereafter promulgated by LANDLORD and all ordinances and laws of all governmental entities, whether federal, state or local, having jurisdiction in the matter. TENANT shall neither permit not commit, whether with or without knowledge or consent, any immoral, improper or unlawful practice or act in or upon the Property. TENANT agrees not to make, nor permit to be made, any disturbance, noise or annoyance of any kind which is detrimental to the Property. TENANT shall not, in any manner,alter,damage or deface the Property. (e) Provided that TENANT abides by all terms, obligations, and covenants of this Lease, TENANT shall enjoy quiet and peaceful possession of the Property during the Term. 6. UTILITIES. (a) During the Term, LANDLORD shall pay the cost of water and sewer service, electricity, garbage service, and quarterly pest control. During the Term, TENANT agrees to pay all utility charges for telephone, television/internet,and any other utilities or services used at the Property, including all installation and activation fees and any deposits required by such utility providers. (b) Except in the instance of LANDLORD'S negligence, LANDLORD shall not be liable to TENANT in the event any utility services are interrupted or become unavailable, for any reason whatsoever, and such interruption or unavailability shall not constitute actual or constructive eviction, nor be deemed an interference with TENANT's occupancy of the Property, nor shall Rent be abated during any such period of interruption or unavailability. 7. MAINTENANCE AND REPAIRS• HURRICANE _PROTECTION: SURRENDER OF PROPERTY. (a) TENANT shall, at its sole expense,keep and maintain the Property in good, clean and sanitary condition and repair during the Term of this Lease. Except for repairs due to TENANT's misuse, waste, or neglect or that of TENANT"s family members, agents or visitors, the LANDLORD will be responsible for the repair and replacement of the roof, air conditioning system,and appliances. (b) TENANT shall not drain, nor permit the drainage of, grease into the toilets or sinks. WPBDOCS 8540135 2 (c) In the event of a hurricane watch or hurricane warning, TENANT shall use reasonable efforts to secure the Property against damage. (d) LANDLORD shall engage a professional pest control contractor to provide calendar quarterly pest control service. (e) TENANT shall,at the end of the Lease term, surrender and deliver to LANDLORD the Property, without demand, "broom clean" and in the same condition as it existed on the commencement date hereof, reasonable wear and tear excepted. 8. NO ADDITIONS OR ALTERATIONS. (a) TENANT shall not make any additions, changes or alterations in and upon the Property (including, without limitation, painting of portions of the Property) of any nature whatsoever without the prior written consent of LANDLORD, which consent may be given or withheld in LANDLORD's sole discretion. LANDLORD may remove or change, at TENANT's cost and expense, any addition, change or alteration made by TENANT without LANDLORD's consent, the charge for which shall be paid by TENANT upon demand. TENANT shall not permit or install nails, screws or adhesive hangers except standard picture hooks; and no nails, screws or hangers may be placed in walls,woodwork or any part of the Property. (b) No personal property, appliances or fixtures shall be removed by TENANT without the prior written consent of LANDLORD. LANDLORD's interest in the Property shall not be subject to mechanics' or other liens for improvements made by TENANT nor for services, labor or materials performed at TENANT's request. (c) If any lien is filed against the Property for improvements or work claimed to have been done or for materials claimed to have been furnished to TENANT, the lien shall be discharged by TENANT within ten (10) days thereafter, at TENANT's expense, and TENANT shall indemnify LANDLORD for any loss, cost, or expense incurred by LANDLORD as a result of TENANT'S violation of this provision. The foregoing indemnification shall survive termination or expiration of this Lease. 9. DESTRUCTION BY CASUALTY. In the event the Property or any portion thereof may be rendered untenantable by reason of fire, explosion or any other casualty, LANDLORD, at LANDLORD's option, may either repair the Property to make the same tenantable within sixty (60) days thereafter, or terminate this Lease. In such event, LANDLORD shall give TENANT ten (10) days' notice in writing of LANDLORD's intention to repair or terminate this Lease. If LANDLORD elects to repair the damaged Property, LANDLORD shall proceed with due diligence and TENANT's Rent for that period of time during which the Property is or remains untenantable shall be abated or apportioned. 10. PROPERTY LOSS DAMAGE AND INDEMNIFICATION. (a) The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfactory condition WPBDOCs 8540135 2 and acceptable to TENANT. LANDLORD shall not be liable to TENANT, TENANT's family members, agents, licensees or invitees, for damage to persons or property caused by any individual or entity. LANDLORD shall not be liable for any patent or latent defects in the Property. (b) LANDLORD shall not be liable for the presence of bugs, vermin or insects in the Property. TENANT hereby releases LANDLORD from any and all claims for loss, damage or injury of any nature whatsoever to person or property, including (without limitation) damage caused by theft, vandalism, water, smoke, fire or other causes, or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. (c) TENANT further agrees to hold LANDLORD harmless and to indemnify LANDLORD from and against any and all claims, liabilities, actions, causes of action, damages, costs and expenses whatsoever which may arise out of, result from or be attributable to TENANT's use or occupancy of the Property, or any act or omission thereon (whether by TENANT, TENANT's family members, agents, employees, licensees or invitees), which indemnification shall include attorneys' fees at trial and appellate levels. The foregoing indemnification shall survive termination or expiration of this Lease. (d) LANDLORD'S insurance does not cover loss or damage to any of TENANT's personal property or possessions. if TENANT desires insurance coverage for any of TENANT's personal property or possessions, TENANT shall obtain and pay for any such insurance coverage. 11. ASSIGNMENT OR SUBLEASING. TENANT shall neither sublet the Property or any part thereof nor assign (voluntarily or by operation of law) this Lease or any interest therein, nor mortgage nor encumber the Property or this Lease. 12. RIGHT OF ENTRY. LANDLORD shall have the right by or through itself or its agents or employees, to enter the Property at all reasonable hours. LANDLORD's entry into the Property shall be for the purpose examining it and to, in LANDLORD's sole discretion, make such repairs and alterations as LANDLORD may deem necessary to insure the orderly and proper maintenance of same. In addition, LANDLORD specifically reserves the right to enter upon the Property at reasonable times after first having informed TENANT of LANDLORD's intention to do so, for the purpose of showing the Property to prospective: (i) tenants; (ii) purchasers; or (iii) mortgagees. 13. DEFAULT. (a) If TENANT shall fail to pay any installment of Rent or other sums on the due date or if TENANT should fail to keep and perform each and every one of the terms and conditions of this Lease, then and in any of such events, TENANT will be in default hereunder. If TENANT should become in default hereunder, LANDLORD will have any and all of the rights and remedies which the law of Florida confers upon a WPBDOCs 8540135 2 landlord against a tenant in default, including, without limitation, the right to: (i) terminate this Lease and sue for unpaid Rent; and/or (ii) accelerate the entire unpaid balance of the Rent for the Term of this Lease and sue for the collection of such Rent; and/or (iii)take possession of the Property (and any and all of TENANT's personal property therein) and, at LANDLORD's option, rent the Property for the account of TENANT. In the event that LANDLORD takes possession of the Property, it may remove TENANT's personal property and store same at the expense of TENANT, without being liable for damages therefor. In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT, LANDLORD shall receive the Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting (including, without limitation, the cost of brokerage, repair, alteration and all other sums) and apply any remaining Rent or proceedings to payment of Rent and other sums due hereunder and TENANT shall remain liable for any deficiency. If at the time of any default by TENANT there remains any unrefunded balance of the Security, then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity. In the event TENANT shall fail to vacate the Property as and when required hereunder, TENANT shall be deemed a tenant at sufferance and, in addition to any other rights and remedies accorded to LANDLORD,TENANT shall be charged, for each day during its occupancy, an amount equal to 250% of the rental amount which was due hereunder immediately prior to such holdover occupancy. (b) If, by reason of a default hereunder, a party employs an attorney to enforce or otherwise protect its rights hereunder and such party prevails in litigation resulting from the default, the non-prevailing party will owe and will pay the prevailing party's reasonable attorneys' fees (including fees at trial and appellate levels) and costs and expenses. 14. APPLIANCES AND AIR CONDITIONING. All fixtures and appliances at the Property are supplied by LANDLORD for the Term of this Lease and are owned by LANDLORD. 15. SUBORDINATION. This Lease is subject and subordinate to all ground or underlying leases, encumbrances, mortgages and other matters which may now or hereafter affect or become a lien upon the Property (or any portion thereof) and to any renewals, modifications, amendments, replacements or extensions thereof. TENANT shall execute any and all instruments as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT hereby irrevocably appoints LANDLORD as TENANT's attorney-in-fact to execute any and all such instruments. 16. CUMULATIVE REMEDIESL LAWS; NOTICES;_ INVALIDITY; WAIVER• SURRENDER• ENTIRE AGREEMENT: SUCCESSORSAND ASSIGNS. All rights and remedies herein created for the benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be an election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD's resort to any other remedy in WPBDOCs 8540135 2 this Lease. This Lease shall be construed in accordance with Florida law. All notices shall be hand-delivered or mailed by certified mail, return receipt requested, to LANDLORD at the address for payment of Rent and to TENANT (after the date of commencement of the Term of this Lease) at the property address. Notices to TENANT mailed in accordance with the terms hereof shall be deemed given when mailed; however, notices to LANDLORD shall be deemed received only upon actual receipt. Notices to TENANT may be effectuated by personally serving same on TENANT, any member of TENANT's family or any agent of TENANT found at or upon the Property. If any part or provision of this Lease is deemed by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions, all of which shall remain in full force and effect. No act or thing done by LANDLORD shall be deemed an acceptance of a surrender of the Property or this Lease,and no agreement to accept the Property and surrender the Lease shall be valid unless in writing signed by LANDLORD. Delivery of keys to LANDLORD or its agent shall not operate as a termination of this Lease or a surrender of the Property. The failure of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance. Receipt of Rent by LANDLORD with knowledge of breach of any provision of this Lease shall not be deemed a waiver of such breach. No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waiver shall be in writing signed by LANDLORD and no payment of Rent of a lesser amount than that due, nor any endorsement or statement on a check, shall be deemed an accord and satisfaction and LANDLORD may accept such check or payment without prejudice to its right to recover any unpaid rent or other sums, or to pursue any remedy provided in this Lease. This Lease contains the entire agreement between the parties with respect to the subject matter and supersedes any prior or oral agreements or understandings. All promises, covenants and agreements set forth in.this Lease shall be binding upon and inure to the benefit of the parties hereto, and (to the extent permitted) their respective heirs, personal representatives, successors and assigns. 17. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state requirements have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. [SIGNATURES CONTAINED ON FOLLOWING PAGES] WPBDOCS 8540135 2 IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date and year first above written. WITNESSES: LANDLORD: 500 Ocean Properties, LLC, a Florida limited RAIW liability company By: Christian Macoviak, its Managing Member WITNESSES: TENANT: Kala Marketing Croup Its: a WPBDOCS 8540135 2 850-617-6381 1/24/2013 �- 1 :11 AM PAGE 1/002 Fax Server Kc Koh tate - urlo, _ r # V C µ �Ipparltnpnt of #101P 7 n I certify from the records of this office that KALA MARKETING GROUP, LLC, NOR is a limited liability company organized under the laws of the State of Florida, filed on January 23, 2013, effective January 23, 2013, lom The document number of this company is L13000011929. Fgc _ I further certify that said company has paid all fees due this office through December 31, 2013, and its status is active. HA Authentication Code: 813A00001778-012413-1,13000011929-1/1 G Y VIC HC HCHIC X:N§p)j4 BY n ZiKc V PCE V Given under my hand and the Great Seal of the state of Florida, at Tallahassee, the Capital, this the KETwenty-fourth day of January, 2013 Pot t * cqCHI RIO D UT den' �BWher �berretarp of &tate •1 Q, l J XVINAC s State of Dalabure Seozetazy of State Division of tiaras Certificate of Formation 12:23 23 01313 of SRV 130079746 - 52783127 FILE Simple Group, LLC 1. The name of this Delaware limited liability company is: Simple Group, LLC 2. The name and address of the registered agent of the Company is: Corporate Creations Network Inc. 3411 Silverside Road Rodney Building #104 Wilmington DE 19810 3. The Company will be a manager-managed company. 4. The profits and losses of the Company shall be allocated to the members in proportion to their percentage interest in the Company, unless otherwise provided in the Company's limited liability company agreement. Unless otherwise provided in the Company's limited liability company agreement, there shall not be any distribution of profits unless each separate distribution is approved by the affirmative vote of members who own more than 50% of the voting interest in the Company. The voting members shall have complete discretion on when and if to approve any distribution of profits, unless otherwise provided in the Company's limited liability company agreement. 5. No member shall have the right to assign the member's interest in the Company without the written agreement of all the members, unless otherwise provided in the Company's limited liability company agreement. Unless otherwise provided in the Company's limited liability company agreement, if all the members do not approve the assignment, the assignee shall have no right to become a member, to participate in the management of the Company or to exercise any other rights or powers of a member. The assignee shall merely be entitled to receive the share of profits and other distributions and the allocation of income, gain, loss deduction; credit or similar item to which the assignor was entitled,to the extent assigned. The undersigned authorized person has executed this Certificate of Formation on January 23,2013. AUTHORIZED PERSON: 1ESSICA MORALES,SPECIAL SECRETARY J I DEPARTMENT OF IRSIJTRNAL RENESERVCE CINCINNATI OH 45999-0023 Date of this notice: 01-24-2013 Employer Identification Number: 46-1853144 Form: SS-4 Number of this notice: cP 575 G KALA MARKETING GROUP LLC REINALDO SCHIAVINATO SOLE MBR For assistance you may call us at: 301 NE 51ST ST STE 1290 BOCA RATON, FL 33431 1-800-829-4933 IF YOU WRITE, ATTACH THE STUB AT THE END OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN). We assigned you EIN 46-1853144. This EIN will identify you, your business accounts, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, payments, and related correspondence, it is very important that you use your EIN and complete name and address exactly as shown above. Any variation may cause a delay in processing, result in incorrect information in your account, or even cause you to be assigned more than one EIN. If the information is not correct as shown above, please make the correction using the attached tear off stub and return it to us. A limited liability company (LLC) may file Form 8832, Entity Classification Election, and elect to be classified as an association taxable as a corporation. If the LLC is eligible to be treated as a corporation that meets certain tests and it will be electing S corporation status, it must timely file Form 2553, Election by a Small Business Corporation. The LLC will be treated as a corporation as of the effective date of the S corporation election and does not need to file Form 8832. To obtain tax forms and publications, including those referenced in this notice, visit our Web site at www.irs.gov. if you do not have access to the Internet, call 1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office. UTORTANT REMINDERS: * Keep a copy of this notice in your permanent records. This notice is issued only one time and the IRS will not be able to generate a duplicate copy for you. You may give a copy of this document to anyone asking for proof of your EIN. * Use this EIN and your name exactly as they appear at the top of this notice on all your federal tax forms. • Refer to this EIN on your tax-related correspondence and documents. If you have questions about your EIN, you can call us at the phone number or write to us at the address shown at the top of this notice. If you write, please tear off the stub at the bottom of this notice and send it along with your letter. if you do not need to write us, do not complete and return the stub. Your name control associated with this EIN is KALA. You will need to provide this information, along with your EIN, if you file your returns electronically. Thank you for your cooperation. oc S - OJ'PIi JIGV/O LLC CHASE. KALA.MARKET.lNG GROUP, 301 YAMAfO RD STS 1240 80CA RATAN-':FL 33431 3/29/2014 "3,500:00 1'AY TO THE 5Q0 OCEAN PROPERTIES, LLC - _ -ORDER OF: 7. 77. Three Thousand Five Hundred and 001100 7.7 500;OCEAN PROPERTIES,t,LC 51'1.E Ocean Ave,;. •:, - : Baynton Beach, I LA ,,eNa,, , MEMO Advance Rent 6 mo+Secunty Deposit 1120013020 1: 26 708 4 L 3 i1: 180 3 3 3 9 5011' Lease Extension A reement August 30, 1020 500 Ocean Properties, LLC(LANDLORD)and individually(collectively"TENANT")agree to extend lease on said premises know as 533 E Ocean Ave#5, Boynton Beach, FL 33435, original lease dated 1st day of September 2014. For good consideration 500 Ocean Properties,LLC and Kala Marketing Group and Reinaldo Schiavinato ("tenant') agree to extend the said lease for a period of one year,starting date of 1st day of September 2020 and terminating on the 30th day of August 2021. The parties agree that no further right of renewal or extension shall exist beyond the termination date indicated above unless both parties agree to another lease extension agreement. During the lease extension period,Kala Marketing Group and Reinaldo Schiavinato, ("tenant") agrees to pay rent in the amount of$1000.00(One Thousand) per month. This agreement shall be binding upon and shall insure the benefit of the parties,their successors,assigns, personal agents and managing members. Landlord Date l� Tenant Date $13112020 Witness Date Lease Extension Agreement August 12,2021 500 Ocean Properties, LLC(LANDLORD)and Kala Marketing Group and Reinaldo Schiavinato individually(collectively"TENANT") agree to extend lease on said premises know as 533 E Ocean Ave tis, Boynton Beach, FL 33435,original lease dated 1st day of September 2014. For good consideration 500 Ocean Properties, LLC and Kala Marketing Group and Reinaldo Schiavinato ( "tenant") agree to extend the said lease for a period of one year,starting date of 1st day of September 2021 and terminating on the 30th day of August 2022. The parties agree that no further right of renewal or extension shall exist beyond the termination date indicated above unless both parties agree to another lease extension agreement. During the lease extension period,Kala Marketing Group and Reinaldo Schiavinato, "tenant") agrees to pay rent in the amount of$1030.00 G u"ad)per month. ( 0n Vr a wri-[htr 1:!j and tAP tm This agreement shall be binding upon and shall insure the benefit of the parties,their successors,assigns,personal agents and managing members. Landlord ( e ,gyp Date 9,12-4121 Tenant Date 8/22/21 Witness Date FLORIDA TECHNICAL CONSULTANTS, LLC OFFICES #2 & #3 OFFICE SPACE LEASE AGREEMENT THIS COMMERICAL LEASE AGREEMENT ("Lease") is made effective as of the 15th day of October 2017,between 500 OCEAN PROPERTIES,LLC,a Florida limited liability company, whose mailing address is 511 East Ocean Avenue, Boynton Beach, Florida 33435("LANDLORD")and Florida Technical Consultants,LLC,a Florida limited liability company("TENANT"), whose address shall be the address of the "Property" described below. WITNESSETH: That LANDLORD, for and in consideration of the covenants, agreements and conditions herein contained,on the part of TENANT to be kept and performed,does hereby lease to TENANT, and TENANT does hereby lease from LANDLORD, Office 2 located at 533 East Ocean Avenue,Boynton Beach, Florida 33435 ("Property"). The terms and conditions of this Lease are as follows: 1. TERM. The term of this Lease shall be for one (1) year, commencing on October 15,2017 and ending on October 14,2018 2. RENT. (a) TENANT agrees to pay to LANDLORD in lawful money of the United States each month during the Term of this Lease, the sum of Five Hundred Fifty and No/100 Dollars ($550.00) ("Rent"). Rent shall be paid at LANDLORD'S address stated above,or at such other place as LANDLORD may specify in writing. (b) Upon the execution hereof,TENANT shall pay to LANDLORD: (i) the sum of Five Hundred Fifty and No/100 Dollars($550.00)as prepaid first month's rent; (ii) the sum of Five Hundred Fifty and No/100 Dollars ($550.00) as prepaid last month's rent; and (iii) the sum of Five Hundred Fifty and No/100 Dollars ($550.00) representing the Security Deposit(defined below). The total sum to LANDLORD is $1650.00. (c) In addition to any other rights of LANDLORD hereunder, in the event TENANT shall fail to pay rent or other sums due hereunder on its due date,TENANT shall pay to LANDLORD a late fee in the amount of Thirty and No/100 Dollars ($30.00) for each calendar day that the Rent is late beyond the due date. The late fee is not a penalty, but liquidated damages to defray administrative and related expenses due to such late payment. 3. SECURITY DEPOSIT. TENANT hereby deposits with LANDLORD the sum of Five Fifty Hundred and No/100 Dollars ($550.00) as a security deposit(the"Security Deposit"),the receipt of which is hereby acknowledged,which sums shall be held by LANDLORD upon the following terms and conditions: (a) As security for the performance by TENANT of all of the terms,conditions and covenants of this Lease; and (b) As security for the return by TENANT to LANDLORD of the Property in accordance with the terms of this Lease. The Security Deposit shall not be construed as,or applied, in payment of any rental herein reserved to be paid; and (c) In the event of default of any kind by TENANT,then and in such event, LANDLORD shall be deemed authorized, at LANDLORD's option,to retain the Security Deposit as liquidated, stipulated and agreed upon damages; provided, however,that in no event shall LANDLORD be deprived of any other remedy,whether at law or equity or reserved by the terms of this Lease, regardless of retention by LANDLORD of the Security Deposit;and (d) Upon expiration of the Term of this Lease,and in the event that there has been no default of any kind whatsoever on the part of TENANT,the Security Deposit shall be returned to TENANT or LANDLORD shall give TENANT written notice of LANDLORD's intention to impose a claim against the Security Deposit on account of loss or damage to the Property, reasonable wear and tear excepted. There shall be no interest paid on the Security Deposit and LANDLORD may commingle the Security Deposit with other of LANDLORD's funds. 4. INSURANCE: (a) TENANT shall obtain general liability insurance covering the activities of TENANT and TENANT'S employees,agents,contractors,guests,customers, and invitees while on the Property in an amount of no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) each occurance. LANDLORD shall be listed as additional insured and a certificate of insurance shall be provided to LANDLORD within three(3)days after the commencement of this Lease. TENANT shall require its insurance company to provide at least thirty (30) days prior written notice to LANDLORD before canceling or altering the liability insurance policy. (b) TENANT shall obtain insurance covering TENANT'S personal property and inventory located at the Property. Under no circumstance shall LANDLORD be responsible or liable for TENANT'S ersonal roe or inventoEy located at the Properly. 5. OCCUPANCY AND USE OF THE PREMISES. (a) TENANT shall occupy the Property for office purposes only. TENANT shall not change, alter or install locks without the prior written consent of LANDLORD. (b) TENANT shall not allow any pets or animals on the Property without LANDLORD'S prior written consent (which shall be given or denied in LANDLORD's sole and absolute discretion). (c) No smoking shall be er fitted within the office,in the hallways or common areas at anytime with no exceptions. (d) TENANT shall abide by and comply with all reasonable rules and regulations now or hereafter promulgated by LANDLORD and all ordinances and laws of all governmental entities, whether federal, state or local,having jurisdiction in the matter. TENANT shall neither permit not commit,whether with or without knowledge or consent, any immoral, improper or unlawful practice or act in or upon the Property. TENANT agrees not to make,nor permit to be made,any disturbance,noise or annoyance of any kind which is detrimental to the Property. TENANT shall not,in any manner,alter,damage or deface the Property. (e) Provided that TENANT abides by all terms, obligations, and covenants of this Lease, TENANT shall enjoy quiet and peaceful possession of the Property during the Term. 6. UTILITIES. (a) During the Term, LANDLORD shall pay the cost of water and sewer service, garbage service, electricity, and quarterly pest control. During the Term, TENANT agrees to pay all utility charges for telephone,television/internet,and any other utilities or services used at the Property, including all installation and activation fees and any deposits required by such utility providers. (b) Except in the instance of LANDLORD'S negligence,LANDLORD shall not be liable to TENANT in the event any utility services are interrupted or become unavailable, for any reason whatsoever, and such interruption or unavailability shall not constitute actual or constructive eviction, nor be deemed an interference with TENANT's occupancy of the Property,nor shall Rent be abated during any such period of interruption or unavailability. 7. MAINTENANCE AND PAIRS•HURRICANE PROTECTION•. SURRENDER OF PROPERTY•, AND INSURANCE. (a) TENANT shall, at its sole expense,keep and maintain the Property in good, clean and sanitary condition and repair during the Term of this Lease. Except for repairs due to TENANT's misuse,waste,or neglect or that of TENANT"s family members, agents or visitors, the LANDLORD will be responsible for the repair and replacement of the roof,air conditioning system,and appliances. (b) TENANT shall not drain,nor permit the drainage of,grease into the toilets or sinks. (c) In the event of a hurricane watch or hurricane warning, TENANT shall use reasonable efforts to secure the Property against damage. (d) LANDLORD shall engage a professional pest control contractor to provide calendar quarterly pest control service. (e) TENANT shall, at the end of the Lease term, surrender and deliver to LANDLORD the Property, without demand, "broom clean"and in the same condition as it existed on the commencement date hereof,reasonable wear and tear excepted. 8. NO ADDITIONS OR ALTERATIONS. (a) TENANT shall not make any additions, changes or alterations in and upon the Property(including,without limitation,painting of portions of the Property) of any nature whatsoever without the prior written consent of LANDLORD,which consent may be given or withheld in LANDLORD's sole discretion. LANDLORD may remove or change, at TENANT's cost and expense, any addition, change or alteration made by TENANT without LANDLORD's consent,the charge for which shall be paid by TENANT upon demand. TENANT shall not permit or install nails, screws or adhesive hangers except standard picture hooks; and no nails, screws or hangers may be placed in walls, woodwork or any part of the Property. (b) No personal property, appliances or fixtures shall be removed by TENANT without the prior written consent of LANDLORD. LANDLORD's interest in the Property shall not be subject to mechanics' or other liens for improvements made by TENANT nor for services, labor or materials performed at TENANT's request. (c) If any lien is filed against the Property for improvements or work claimed to have been done or for materials claimed to have been furnished to TENANT, the lien shall be discharged by TENANT within ten (10) days thereafter, at TENANT's expense, and TENANT shall indemnify LANDLORD for any loss, cost, or expense incurred by LANDLORD as a result of TENANT'S violation of this provision. The foregoing indemnification shall survive termination or expiration of this Lease. 9. DESTRUCTION BY CASUALTY. In the event the Property or any portion thereof may be rendered untenantable by reason of fire, explosion or any other casualty, LANDLORD, at LANDLORD's option, may either repair the Property to make the same tenantable within sixty (60) days thereafter, or terminate this Lease. In such event,LANDLORD shall give TENANT ten(10)days'notice in writing of LANDLORD's intention to repair or terminate this Lease. If LANDLORD elects to repair the damaged Property, LANDLORD shall proceed with due diligence and TENANT's Rent for that period of time during which the Property is or remains untenantable shall be abated or apportioned. 10. PROPERTY LOSS DAMAGE AND INDEMNIFICATION. (a) The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfactory condition and acceptable to TENANT. LANDLORD shall not be liable to TENANT, TENANT's family members,agents,licensees or invitees,for damage to persons or property caused by any individual or entity. LANDLORD shall not be liable for any patent or latent defects in the Property. (b) LANDLORD shall not be liable for the presence of bugs,vermin or insects in the Property. TENANT hereby releases LANDLORD from any and all claims for loss, damage or injury of any nature whatsoever to person or property, including (without limitation)damage caused by theft,vandalism,water,smoke,fire or other causes, or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. (c) TENANT further agrees to hold LANDLORD harmless and to indemnify LANDLORD from and against any and all claims, liabilities,actions,causes of action, damages,costs and expenses whatsoever which may arise out of, result from or be attributable to TENANT's use or occupancy of the Property,or any act or omission thereon (whether by TENANT, TENANT's family members, agents, employees, licensees or invitees), which indemnification shall include attorneys' fees at trial and appellate levels. The foregoing indemnification shall survive termination or expiration of this Lease. (d) LANDLORD'S insurance does not cover loss or damage to any of TENANT's personal property or possessions. If TENANT desires insurance coverage for any of TENANT's personal property or possessions, TENANT shall obtain and pay for any such insurance coverage. 11. ASSIGNMENT OR SUBLEASING. TENANT shall neither sublet the Property or any part thereof nor assign(voluntarily or by operation of law)this Lease or any interest therein, nor mortgage nor encumber the Property or this Lease. 12. RIGH'1" OF ENTRY. LANDLORD shall have the right by or through itself or its agents or employees, to enter the Property at all reasonable hours. LANDLORD's entry into the Property shall be for the purpose examining it and to, in LANDLORD's sole discretion, make such repairs and alterations as LANDLORD may deem necessary to insure the orderly and proper maintenance of same. In addition, LANDLORD specifically reserves the right to enter upon the Property at reasonable times after first having informed TENANT of LANDLORD's intention to do so,for the purpose of showing the Property to prospective: (i)tenants;(ii)purchasers;or(iii)mortgagees. 13. DEFAULT. (a) If TENANT shall fail to pay any installment of Rent or other sums on the due date or if TENANT should fail to keep and perform each and every one of the terns and conditions of this Lease,then and in any of such events,TENANT will be in default hereunder. If TENANT should become in default hereunder,LANDLORD will have any and all of the rights and remedies which the law of Florida confers upon a landlord against a tenant in default, including, without limitation, the right to: (i) terminate this Lease and sue for unpaid Rent; and/or(ii)accelerate the entire unpaid balance of the Rent for the Term of this Lease and sue for the collection of such Rent; and/or (iii)take possession of the Property (and any and all of TENANT's personal property therein) and, at LANDLORD's option, rent the Property for the account of TENANT. In the event that LANDLORD takes possession of the Property, it may remove TENANT's personal property and store same at the expense of TENANT, without being liable for damages therefor. In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT, LANDLORD shall receive the Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting(including,without limitation, the cost of brokerage, repair, alteration and all other sums)and apply any remaining Rent or proceedings to payment of Rent and other sums due hereunder and TENANT shall remain liable for any deficiency. If at the time of any default by TENANT there remains any unrefunded balance of the Security,then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity. In the event TENANT shall fail to vacate the Property as and when required hereunder, TENANT shall be deemed a tenant at sufferance and, in addition to any other rights and remedies accorded to LANDLORD, TENANT shall be charged, for each day during its occupancy, an amount equal to 250% of the rental amount which was due hereunder immediately prior to such holdover occupancy. (b) If, by reason of a default hereunder, a party employs an attorney to enforce or otherwise protect its rights hereunder and such party prevails in litigation resulting from the default, the non-prevailing party will owe and will pay the prevailing party's reasonable attorneys' fees (including fees at trial and appellate levels) and costs and expenses. 14. APPLIANCES AND_AIR CONDITIONING. All fixtures and appliances at the Property are supplied by LANDLORD for the Term of this Lease and are owned by LANDLORD. 15. SUBORDINATION. This Lease is subject and subordinate to all ground or underlying leases, encumbrances, mortgages and other matters which may now or hereafter affect or become a lien upon the Property (or any portion thereof) and to any renewals,modifications,amendments,replacements or extensions thereof. TENANT shall execute any and all instruments as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT hereby irrevocably appoints LANDLORD as TENANT's attorney-in-fact to execute any and all such instruments. 16. CUMULATIVE REMEDIES• LAWS; NOTICES- INVALIDITY• WAIVER• SURRENDER; ENTIRE AGREEMENT,• SUCCESSORS AND ASSIGNS. All rights and remedies herein created for the benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be an election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD's resort to any other remedy in this Lease. This Lease shall be construed in accordance with Florida law. All notices shall be hand-delivered or mailed by certified mail,return receipt requested,to LANDLORD at the address for payment of Rent and to TENANT(after the date of commencement of the Term of this Lease)at the property address. Notices to TENANT mailed in accordance with the terms hereof shall be deemed given when mailed; however, notices to LANDLORD shall be deemed received only upon actual receipt.Notices to TENANT may be effectuated by personally serving same on TENANT, any member of TENANT's family or any agent of TENANT found at or upon the Property. If any part or provision of this Lease is deemed by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions,all of which shall remain in full force and effect. No act or thing done by LANDLORD shall be deemed an acceptance of a surrender of the Property or this Lease, and no agreement to accept the Property and surrender the Lease shall be valid unless in writing signed by LANDLORD. Delivery of keys to LANDLORD or its agent shall not operate as a termination of this Lease or a surrender of the Property. The failure of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance. Receipt of Rent by LANDLORD with knowledge of breach of any provision of this Lease shall not be deemed a waiver of such breach. No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waiver shall be in writing signed by LANDLORD and no payment of Rent of a lesser amount than that due, nor any endorsement or statement on a check, shall be deemed an accord and satisfaction and LANDLORD may accept such check or payment without prejudice to its right to recover any unpaid rent or other sums, or to pursue any remedy provided in this Lease. This Lease contains the entire agreement between the parties with respect to the subject matter and supersedes any prior or oral agreements or understandings. All promises,covenants and agreements set forth in this Lease shall be binding upon and inure to the benefit of the parties hereto, and (to the extent permitted) their respective heirs, personal representatives, successors and assigns. 17. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state requirements have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. [SIGNATURES CONTAINED ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date and year first above written. WITNESSES: LANDLORD: �.p 500 Ocean Properties, LLC By: Christian Macoviak,its Managing Member TENANT: By: J rye Barton,its President to Jamesart gin, Individually as Personal Guarantor, 'all of the terms and conditions of this Lease COA . 7 1186 FLORIDA TECHNICAL CONSULTANTS LLC 10327 TRIVERO TER BOYNTON BEACH,FL 33437-3775 63-751/63110548 t 3162297885 a' p DATE . ._ _l �i PAY TO THE n` ORDER �XUJv _ DOLLARS10 m Wa85 FargoBank NA Florida m "U'largoao s FOR+ C _ fir+ 11100000011B6u■ i:0631075L31: 31l6229788Sv fames dyton PX 40 1 ';tr..v''4M .a,.c Ave_,Suite 1,19 Pa3'me IMM-9 4-8488 t.nc.'conl lE'r:I'1MAd EONS CIVIL 1 NO!"Nr_,(:MN(i- (AS - IKYEGRA711_10N TRAV"'1 sr1 :, a (fry 'Y Lease Extension Agreement September 28, 2020 500 Ocean Properties, LLC, a Florida limited liability company whose mailing address is 511 E Ocean Avenue, Boynton Beach, FL 33435 ("LANDLORD")and Florida Technical Consultants, LLC, a Florida limited liability company("TENANT")agree to extend lease on said premises know as 533 E Ocean Ave#2 and#3, Boynton Beach, FL 33435, original lease dated 15th day of October 2017. For good consideration 500 Ocean Properties, LLC and Florida Technical Consultants, LLC "tenant") agree to extend the said lease for a period of one year,starting date of 15th day of October 2020 and terminating on the 14th day of October 2021. The parties agree that no further right of renewal or extension shall exist beyond the termination date indicated above unless both parties agree to another lease extension agreement. During the lease extension period, Florida Technical Consultants, LLC, ("tenant") agrees to pay rent in the amount of$1300.00(One thousand#aws �t 'vj per month. This agreement shall be binding upon and shall insure the benefit off the parties,their successors,assigns, personal agents and managing members. Landlord 0 4At 41A)ln Date _112 2X:) Tenant ac Date —150T 'I a 2020 Witness Date Lease Extension Agreement September 21,2021 500 Ocean Properties, LLC, a Florida limited liability company whose mailing address is 511 E Ocean Avenue, Boynton Beach, FL 33435 ("LANDLORD")and Florida Technical Consultants, LLC, a Florida limited liability company("TENANT")agree to extend lease on said premises know as 533 E Ocean Ave#2 and #3, Boynton Beach, FL 33435,original lease dated 15th day of October 2017. For good consideration 500 Ocean Properties, LLC and Florida Technical Consultants, LLC "tenant") agree to extend the said lease for a period of one year,starting date of 15th day of October 2021 and terminating on the 14th khnical October 2022. The Parties reserve the right, in their sole and absolute discretion,to to this lease for any reason upon providing 90 days written Notice to the other Party. Initial (Tenant) L11 /-- During the lease extension period, Florida Consultants, LLC, ("tenant") agrees to pay rent in the amount of$1340.00(One thousand three hundred forty) per month. This agreement shall be binding upon and shall insure the benefit of the parties,their successors, assigns, personal agents and managing members. Landlord N, kqyneif A h Date Tenant Date IXciT ( Gyzl Witness Date Lease Extension Agreement September 21, 2021 500 Ocean Properties, LLC, a Florida limited liability company whose mailing address is 511 E Ocean Avenue, Boynton Beach, FL 33435 ("LANDLORD") and Florida Technical Consultants, LLC, a Florida limited liability company ("TENANT") agree to extend lease on said premises know as 533 E Ocean Ave #2 and #3, Boynton Beach, FL 33435, original lease dated 15th day of October 2017. For good consideration 500 Ocean Properties, LLC and Florida Technical Consultants, LLC "tenant") agree to extend the said lease for a period of one year, starting date of 15th day of October 2021 and terminating on the 14th of October 2022, The Parties reserve the right, in their sole and absolute discretion,to to a e this lease for any reason upon providing 90 days written Notice to the other Party, Initial (Tenant) Initial(Landlord) During the lease extension period, Florida 1c, of Consultants, LLC, ("tenant") agrees to pay rent in the amount of$1340.00 (One thousand three hundred forty) per month. This agreement shall be binding upon and shall insure the benefit of the parties, their successors, assigns, personal agents and managing members. Landlord— Date_ Tenant— Date 2ozi Witness— Date From: Nicklien,Bonnie To: Shutt,Thuy Subject: FW: Commercial Space Contact Information Date: Wednesday,July 27, 2022 10:40:57 AM Attachments: imaae811624.pno image124636.pna imaae175903.pno imaae252662.12na imaae741619.pno imaae987028.12na imaae253491.pno Colonial Center: https://www.loopnet.com/Listing/1230-S-Federal-Hwy-Boynton-Beach- FL/26032626/ First Financial Plaza: https://www.Ioopnet.com/Listing/639-E-Ocean-Ave-Boy ton- Beach-FL/26098Z39/ 301 NW 1St St: https://www.loopnet.com/Listing/301-NW-1st-St-Boynton-Beach-FL/25761727/ Bonnie L irkdie Bovnl on1 Bearnj t_onl"lmi n i 1 Re J; oprnl n Agency 10`v E. x nl Ave. ( Bovn1 onl Be_..-:;n', F I_r i,_.. _t5 56-1L-6`-),(-)-9(-)9(-). . . ( 56-1L-7,-,3`/--,3'258_ iV i ,.. .. 58 s Ni rdi:e l -bb s ( http://www.boyntonbeachcra.com 13 91 U America's Gateway to the Gulfstream len,e be ib e.t_to dfin, _�,ie.U'n dlerFlhurida "er 7; law, ernail a,:,,:;° _sses are pi bliv _uon-k. The,,efOre, !` i it mail .onl"lnl"1 n1I aion1 aml voi.n e-mail aHk _�n rn 1 be sib' v_ire p.bit „I�v From: Nicklien, Bonnie <> Sent: Wednesday, April 13, 2022 2:13 PM To:James Barton <jbarton@fltechinc.com> Cc: Shutt, Thuy; Tack, Timothy<TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: Commercial Space Contact Information Good Afternoon Mr. Barton, After hearing you speak at public comment at last night's meeting, I wanted to share a potential commercial space that is available at 1815 S. Federal Highway(Patterson Plaza). It is approximately 1,600 square feet and used to be home to Nutrition Cottage for 30+years. Here is more information on the listing: https://www.crexi.com/lease/aroperties/329963/fIorida-patterson-alaza Of course, you may apply for the CRA Commercial Property Improvement Grant and Commercial Rent Reimbursement Grant for this unit. Also, in the near future, the mixed-use project at MLK will be available. They are accepting applications now and you can read more information here: www.heartofboynton.com. Both grants would be eligible for this location as well. The plaza at 2923 S. Federal Highway has recently been renovated and they are looking for professional office tenants. More info here: https://www.loopnet.com/Listing/2923-S-Federal-Hwy- Boynton-Beach-FL/23399805/ I hope this information may help in your search. Feel free to reach out at any time with any questions about our CRA Grant Pro rams. Best Regards, Bonnie Steven B. Grant, Esquire Attorney and Counselor at Law Steven B. Grant PO Box 424 Phone: 1-561-767-8750 (DC,FL,MD,WV) Boynton Beach Florida 33425 Fax: 1-561-423-3769 FL Civil Law Notary Email: Steven@GrantLegal.com June 27, 2022 VIA ELECTRONIC MAIL <KRossmell@llw-law.com & ShuttT@bbfl.us> <JBurns@affiliateddevelopment.com> Boynton Beach Community Redevelopment Agency C/O Thuy Shutt 100 East Ocean Ave, 4h Floor Boynton Beach, FL 33435 Affiliated Development, LLC C/O Affiliated Companies, LLC 613 NW 3rd Ave, Suite 104 Fort Lauderdale, FL 33311 RE: Our Client: Florida Technical Consultants, LLC Lease Extension Agreement Discussion with Board of Directors of the Boynton Beach Community Redevelopment Agency To Whom It May Concern: Please be advised that our firm represents the above-referenced entity for legal representation. My client, Florida Technical Consultants, LLC ("FTC') desires to have a discussion with the Boynton Beach Community Redevelopment Agency for a lease extension of the office space on the second floor of 533 East Ocean Avenue, Boynton Beach, FL 33435. Please put an item on the July 12, 2022 agenda FTC believes there will be a lease extension for Cafe Barista, Inc. and requests a similar extension. FTC desires to relieve the Boynton Beach CRA of any concerns of liability while Affiliated Development, LLC is in the process of purchasing the property. In addition, FTC would avail themselves to Affiliated Development to alleviate any concerns they may have. FTC is requesting a month-to-month extension with a 60-day notice of termination. In addition, FTC is willing to indemnify and insure the property owner while the property is in transition and being redeveloped. Furthermore, FTC is willing to discuss renting additional space/ changing office locations as tenants have left the adjacent office suites. Thank you in advance for your cooperation. If you have any questions, please do not hesitate to call our office. Steven B. Grant, Esq. Florida Bar. No.: 85017 Cc: Florida Technical Consultants, LLC AAFFILIATED E v 0-P_,M", E N I LETTER OF INTENT On Behalf of Affiliated Development, we are pleased to extend this Letter of Intent (the 101") to lease commercial space in what will be a new development project located at the Site (as further defined herein). Landlord: BB QOZ, LLC, a Florida limited liability company, is successors or assigns (an affiliated entity of Affiliated Development, RFP/RP Q proposer) Tenant: CAFE BARISTA, INC., a Florida corporation, d/b/a Hurricane Alley Raw Bar & Restaurant Site: Lots 6 and 7, Block 1, "Subdivision of the Town of Boynton,"as further defined in Exhibit A; and all ancillary alleyways & rights of way should they be abandoned by the City of Boynton Beach RFPIRFO: Request for Proposals and Developer Qualifications for 115 N. Federal Highway Infill Mixed-Use Redevelopment Project (RFP#21-05), issued July 23, 2021 by the Boynton Beach CRA Project: Landlord is submitting a proposal for the RFP/RFQ that will be a mixed-use development project with an 8-story multifamily rental building, retail, restaurant and office spaces, including a parking garage Building: Approximately 3,000 square feet of first floor commercial retail building located on the Site with approximately 1,500 square feet of mezzanine space, as further defined in the attached building floor plan, which may be adjusted as required until the Landlord has received site plan approval from governing jurisdiction Property: Shall mean the Site and Building Use: Bar& Restaurant Base Rent: $7,875 per month, $94,500 per year Lease Type: NNN Initial Lease Term: 15 Years Renewal: One (1) 15-year Extension Option Rent Increases- 4.011% t-vpry two ypanq Purchase Option: Within 5 years from the Possession Date (the "Option Term"), Tenant shall have the option to purchase the Property from Landlord for a 5.50% capitalization rate, as determined by the calculation as stated herein (the "Sale Price Calculation"). During the Option Term, Tenant shall notify Landlord in writing of Tenant electing to exercise the Purchase Option (the '61�NW3rd Ave., Ste 104, Fort Lauderdale, FL 33311 (954)953-6733 AAFFILIATED "Purchase option Notice"). The Purchase Option Notice shall include (a)the Sale Price Calculation, (b)the intended date of closing (which must fall within the Option Term), and (c) proof of financing. Sale Price Calculation shall be determined by adding the look ahead 12 months in Base Rent, starting with the intended closing date, divided by 5.50%. Sales Tax: Palm each County, currently at 7.0% Possession Date: Upon the date Landlord provides Tenant written notice the Demised Premises has achieved a TCO (temporary certificate of occupancy) from the governing authority, or similar. Landlord will work in good faith with the CRA to take possession of the Site and start construction on the Building ahead of starting construction on the remaining Project so as to minimize the timeframe between demolishing Tenant's current business location and the Possession Date of the new Building. Rent Effective Date: Possession Date Prepaid Rent: 2 Months, which shall be applied to first and last month rent Security Deposit: $15,000.00 Design: Tenant shall work with Landlord design team to design the Demised Premises to accommodate the Use of the Tenant. Cost of the design shall be borne by the Landlord, however, any changes to the design after building permit issuance shall be borne by Tenant. The final design must be approved by Landlord and shall be in accordance with the Landlord budgets, which will be provided to Tenant. Timeframes shall be established by Landlord for Tenant to make design decisions, and parties will work in good faith to ensure a mutually acceptable design will be finalized given within the allotted timeframes. Excessive design costs will be borne by Tenant. Landlord Work: Landlord shall deliver the space to a vanilla shelf condition, which shall mean that the space will have the following: HVAC, concrete-slab floor, ready-to-paint walls, electrical outlets, primary lighting (not decorative fixtures), plumbing stub-in connections, bathrooms equipped with toilets and sinks, grease trap, cooking ventilation, storefront windows and doors, standard sound proofing, exposed and painted ceiling, interior doors, and any other code-required feature. The cost of Landlord Work shall be borne by the Landlord. Tenant Work: At the time all Landlord work has been completed, Tenant shall be responsible to build-out any remaining construction (including the requirement for any additional permitting). Tenant shall hire Landlord's general contractor, or another qualified general contractor as approved by Landlord, to complete Tenant Work. Tenant shall be responsible for (but riot limited to)the following improvements to the Demised Premises: paint, flooring (beyond concrete), tile, specialty carpentry and woodwork (bar), decorative light fixtures, millwork, kitchen/bar equipment installation, low voltage, furniture installation, audio/visual, decorative fixtures, and all other 1 sr 13 NW 3rd Ave.,Ste 104, Fort Lauderdale, FL 33311 (954)953-6733 AAFFILIATED 0 E V F T work not provided by Landlord. Landlord shall provide Tenant with a $200,000 allowance for all Tenant Work, which shall be drawn based on % complete of Tenant Work and after Landlord Work, Any Tenant Work costing over$200,000 shall be the responsibility of the Tenant. Building Signage: Tenant shall work with Landlord sign company to design exterior Tenant signage, Landlord shalt approval the final design for the exterior signage. The cost of the exterior building signage shall be borne by the Tenant. Information: Tenant shall provide Tenant operating history, financial statements and any other documentation to the Landlord that is reasonably requests. Guaranty: All owners of the Tenant agree to a guaranty. Guaranty shall be lifted at the time cumulative rent (payable to Landlord) exceeds the total amount of the Landlord Work. Confidentiality: Tenant agrees that all information exchanged during negotiations or once this LOI is complete, shall not be disclosed, disseminated, published, released or reproduced to any person, corporate or individual, other than the officers, directors and legal consultants of the Tenant. RFP/RFQ Exclusivity: From the date this L is fully executed, Tenant agrees to cease communication with any party interested in or participating in the RFP/RFQ. In the avoidance of doubt, this means that Tenant (and it's officers, affiliates, employees and consultants) shall not have any communication (written or verbal) relating to the Landlord, this L or the FFP/FBF Q unless such communication is approved by Landlord. Tenant agrees to publicly support the Project and Landlord in the RFP/ F , and shall make all reasonable efforts to assist Landlord on being selected for the RFP1RFQ and obtaining all municipal approvals. Tenant agrees (as business and in personal capacity) not to interfere with the RFP/RFQ in a manner that Could cause harm to the Landlord or Project. (signature page to follow) ilj NW 3rd Ave., Ste 104, Fort Lauderdale, FL 33311 (954)953-6733 3 AbAFFILIAT-ED �v'E L r m E N T Landlord and Tenant shaft work in good faith to finalize a final lease agreement, consistent with the terms contained herein. Such lease agreement shall be finalized within 90 days after the Landlord achieves site control for all properties necessary to accommodate the Development, This LOO and any obligation herein shall be non-binding and subject to the execution and delivery of a mutually agreeable lease agreement, which exception to a//exclusivity and confidentiality provisions. Tenant Signature: Printed Name: Signature, Title/Entity: Date: Landlord Acceptance, Printed Name:Jeff Burns Signature: Title/Entity: Manager, BB QOZ, LLC Date: 613 NW 3rd Ave., Ste 104, Fort Lauderdale, FL 33311 (954)953-6733 Curfman, Vicki From: Shutt, Thuy Sent: Tuesday,July 26, 2022 4:18 PM To: James Barton;tduhy@llw-law.com; laker@kappmorrison.com Cc: Jonathan Ranney; Steven B. Grant;Jeffrey Burns; Utterback,Theresa; Tack,Timothy; Curfman,Vicki; Hill,Vicki;tduhy@llw-law.com; Kathryn Rossmell;Telsula Morgan Subject: RE: FTC Lease Extension Request Attachments: 220726 FTC Letter to CRA.pdf Good afternoon, Thank you, we will review with our legal counsel and get back to 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 %8, 561-600-9098 Ed huttT@bbfLus http://www.boyntonbeachcra.com y 16 'BEACH CRA 11MINSI COMMUWY REDEVELOPMENT AMClY 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:James Barton <jbarton@fltechinc.com> Sent:Tuesday,July 26, 2022 12:35 PM To: Shutt,Thuy<ShuttT@bbfl.us>;tduhy@llw-law.com; laker@kappmorrison.com Cc:Jonathan Ranney<jonathan@boyntonbiz.com>; Steven B. Grant<steven@grantlegal.com>;Jeffrey Burns <jburns@affiliateddevelopment.com>; Utterback,Theresa <UtterbackT@bbfl.us> Subject: FTC Lease Extension Request Thuy, FTC would like to request a Lease extension on 533 East Ocean Suite 2/3 so we can extend our lease until Affiliated takes ownership of the property. Affiliated has agreed to the terms. We are working on signed documents. 1 mePlease find attached: • Letter of Request • Extension A: Lease Agreement • Email from Affiliated agreeing with the terms Florida Technical Consultants Please let me know exactly what needs to be signed so I can arrange to present it at the upcoming CRA Board Meeting. Thanks James James Barton P.E. President Florida Technical Consultants Engineering—GIS—Integration—Training 533 East Ocean Avenue Suite 02 Boynton Beach, FL 33435 Mobile: 954-914-8488 JBarton@FLTechinc.com www.fitechinc.com 2 Florida Technical Consultants, LLC 533 East Ocean Avenue Suite 02 FR ! Boynton Beeoh. FL8848G mwm mww�m«�um Te| (QG4) Q14-8488 www.#teohino.00m July 20. 2022 VIA ELECTRONIC MAIL <shuttt@bbO.us> and <duhy@||vv'|avv.00nn> Boynton Beach Community Redevelopment Agency 100EOcean Ave, 4'» Floor Boynton Beach, FL33435 RE: Lease Extension Dear Chair Penserga, Vice-Chair Cruz and Board Members Hay, Turkin & Kelley: Per our discussion on July 12. 2022; kindly find attached the |auea amendment with prior approval from Affiliated Development, |no.. attached ueExhibit"A.^ The September 21. 2021. |auea extension agreement between 500 Ocean Properties, LLC and Florida Technical Consultants, LLC defines the amount to be paid for rent as $1.340.00. | have nooaivad an email from Jaffray Burne on July 18. 2022. stating Affiliated Development has no objection to the Lauea Amendment with the Boynton Beach Community Redevelopment Agency, as either party has a sixty (60) day termination clause. | uppnooiuta the BBCRA for allowing ma to continue to operate my business in the CRA dietriot, which uUovve me to help support other CRA businesses. In addition, please consider my attorney's request to represent me in matters that support mybusiness inthe CRA. Thank you in advance for your cooperation. If you have any questions, please do not hesitate to call our office. Sincerely, ---- --- P.E. President Florida Technical Consultants cc: Lance Aker, Esq. Exhibit A LEASE AMENDMENT THIS LEASE AMENDMENT ("Amendment") is entered into this 1st day of September, 2022, ("Effective Date") between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("Lessor"), having an address of 100 E Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435, and FLORIDA TECHNICAL CONSULTANTS, LLC, a Florida Limited Liability Company ("Lessee"), whose address is 533 East Ocean Avenue, Office 2, Boynton Beach, Florida 33435. RECITALS: WHEREAS, 500 Ocean Properties, LLC, as former Landlord, and Lessee entered into that certain Office Space Lease Agreement("Lease"),dated October 15,2017,for office space located at 533 East Ocean Avenue, Office 2, Boynton Beach, Florida "Leased Premises"), and WHEREAS, by Lease Amendment dated September 28, 2020, from 500 Ocean Properties, LLC as former Landlord, Office 2 was added to the Leased Premises; and to extend the term of the Lease to October 14, 2021; and WHEREAS, by Lease Amendment dated September 21, 2021, from 500 Ocean Properties, LLC as former Landlord, to extend the term of the Lease to October 14, 2022; and WHEREAS, Lessor and Lessee mutually desire to further amend the Lease in accordance with the terms and conditions contained herein. NOW, THEREFORE, in consideration of the above recitals, the mutual promises and covenants contained herein, and other good and valuable consideration,the receipt and sufficiency of which both parties hereto acknowledge, Lessor and Lessee hereby agree as follows: AGREEMENT: 1. RECITALS. The above Recitals are true, correct and to the belief of the Lessor and Lessee are incorporated herein by this reference 2. OTHER LEASE PROVISIONS. Unless specifically amended by this Amendment, all other terms and conditions of the Lease, as previously amended, remain unchanged and in full force and effect. 3. EXTENSION OF TERM AND RENT. Lessor and Lessee hereby agree that the Lease term is hereby extended an additional one (1) year and shall expire on October 14, 2023. Additional requests will need to be approved by the Boynton Beach Community Redevelopment Agency Board. The rent shall be $1,340.00 per month, which includes all applicable sales taxes, insurance, garbage and recycling dumpster fees; and taxes to Lessor each month, without demand. Exhibit A 4. RIGHT OF TERMINATION. The Parties reserve the right, in their sole and absolute discretion, to terminate this lease for any reason upon providing 60 days written Notice to the other Party. IN WITNESS WHEREOF, the Lessor and Lessee have executed this Amendment effective as of the day and year first above written. Signed, sealed and delivered in the presence o£ LESSOR: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Florida Dependent Special District By: Print Name: Ty Penserga, Chair Print Name: LESSEE: FLORIDA TECHNICAL CONSULTANTS, LLC a Florida Limited Liability Company By: Print Name: James Barton, President Print Name: Curfman, Vicki Subect FW: FTC Office Space Search From:James Barton Sent:Tuesday,July 26, 20224:S8PM To: Shutt,Thuy Subject: FTC Office Space Search Thuy, Florida Technical Consultants As per our conversation, FTC has been searching for a new off ice foe 4 months. The following is alist ofthe properties xvehave visited. VVeare hoping that some additional time will allow ustofind asuitable new address. 1) 123OSFederal Hwy Boynton Beach, FLSS4S5 Unacceptable asisashared unit and office layout isnot suitable. 2) 224OVVVVoo|brightRdBoynton Beach, FLSS426 Unacceptable asavailable units were too big. S) Canyon Town Center Boynton Beach Blvd& Lyon RdBoynton Beach, FLSS424 Unacceptable due toprice and location inWest Boynton Beach. 4) VVoobrightCorporate Center 19O1SCongress Ave Boynton Beach, FLSS426 Unacceptable asunit was too big and needs extensive build out. 5) Renaissance Commons Congress Ave @ Gateway Blvd Boynton Beach, FLSS426 Unacceptable due tohigh cost and time required for build out. 6) 188ONCongress Ave Boynton Beach, FLSS426 Unacceptable asunit has been leased already. 7) 6S9EOcean Ave Units 3O2and SOS, Boynton Beach, FLSS4S5 Unacceptable due tocondition ofthe property. 8) 6S9EOcean Ave Unit 3O1, Boynton Beach, FLSS4S5 Unacceptable due tocondition ofthe property. Any additional time will behelpful. Thanks James James BartonP.E. President Florida Technical Consultants Engineering—G|S—|ntegration—Training 533East Ocean Avenue Suite O2 Boynton Beach, FL 33435 Mobile: 954-914-8488 z From:Jonathan Ranney<ionathan@boyntonbiz.com> Sent:Tuesday,July 26, 2022 4:54 PM To:James Barton <ibarton@fitechinc.com> Subject: Office Space Hi Jim, Per your call here is the list of office space we've looked at to date: 1) 1230 S Federal Hwy Boynton Beach, FL 33435 - Unacceptable as is a shared unit and office layout is not suitable. 2) 2240 W Woolbright Rd Boynton Beach, FL 33426 - Unacceptable as available units were too big. 3) Canyon Town Center - Boynton Beach Blvd & Lyon Rd Boynton Beach, FL 33424 - Unacceptable due to price and location in West Boynton Beach. 4) Woobright Corporate Center - 1901 S Congress Ave Boynton Beach, FL 33426 - Unacceptable as unit was too big and needs extensive build out. 5) Renaissance Commons - Congress Ave @ Gateway Blvd Boynton Beach, FL 33426 - Unacceptable due to high cost and time required for build out. 6) 1880 N Congress Ave Boynton Beach, FL 33426 - Unacceptable as unit has been leased already. 7) 639 E Ocean Ave Units 302 and 303, Boynton Beach, FL 33435 - Unacceptable due to condition of the property. 8) 639 E Ocean Ave Unit 301, Boynton Beach, FL 33435 - Unacceptable due to condition of the property. Best regards, Jonathan Ranney Boynton Beach Business Consultants 1500 Gateway Blvd. Suite 220 Boynton Beach, FL 33426 Cell: 561-703-9224 Email: ionathan@boyntonbiz.com Website: www.boyntonbiz.com 2 Curfman, Vicki From: Shutt, Thuy Sent: Tuesday,July 26, 2022 3:47 PM To: Steven B. Grant;tduhy@llw-law.com Cc: Curfman,Vicki; Tack,Timothy; Utterback,Theresa; Hill,Vicki Subject: RE: Request for Informed Consent Good afternoon, Thank you, we will review and get back to you if there are questions. Ti...0 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 33435 ,�" ShuttT@bbfLus http://www.boyntonbeachcra.com BOY TON EACH COMMUNITY V L ,� n 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: Steven B. Grant<steven@grantlegal.com> Sent:Tuesday,July 26, 2022 1:17 PM To: Shutt,Thuy<ShuttT@bbfl.us>;tduhy@llw-law.com Subject: Request for Informed Consent Kindly find attached, with the request for informed consent to represent Florida Technical Consultants, LLC. I will be unable to attend the August 9, 2022, CRA Board meeting; therefore, please inform me if you have any questions or concerns before I leave on August 5, 2022. Steven B. Grant, Esq. PO Box 424 Boynton Beach, FL 33425 Phone 1-561-880-5529 www.grantlegal.com NOTE:This e-mail is from a law firm,Steven B.Grant,Esq.("SBG"),and is intended solely for the use of the individual(s)to whom it is addressed.If you believe you received this e-mail in error,please notify the sender immediately,delete the e-mail from your computer and do not copy or disclose it to anyone else.If you are not an existing client of SBG, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to SBG in reply that you expect it to hold in confidence.If you properly received this e-mail as a client,co-counsel or retained expert of SBG,you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. FDCPA Notice:This firm is a debt collector.Any information obtained or provided may be used for that purpose 2 Steven B. Grant, Esquire Attorney and Counselor at Law Steven B. Grant PO Box 424 Phone: 1-561-767-8750 (DC,FL,MD,WV) Boynton Beach Florida 33425 Fax: 1-561-423-3769 FL Civil Law Notary Email: Steven@GrantLegal.com July 26, 2022 VIA ELECTRONIC MAIL <shuttt@bbfl.us>; and<tduhy@llw-law.com> Boynton Beach Community Redevelopment Agency 100 E Ocean Ave, 4h Floor Boynton Beach, FL 33435 RE: Notice of Request for Informed Consent to Represent Florida Technical Consultants, LLC Dear Chair Penserga, Vice-Chair Cruz and Board Members Hay, Turkin & Kelley: Pursuant to Florida Rules of Professional Conduct Chapter 4 Section 1.11 "SPECIAL CONFLICTS OF INTEREST FOR FORMER AND CURRENT GOVERNMENT OFFICERS AND EMPLOYEES" I am requesting for informed consent to represent and appear on behalf of Florida Technical Consultants, LLC ("FTC') for their lease extension agreement. The Florida Bar states there may be special conflicts in regard to my former position as a Public Officer on an appointed board, the Boynton Beach Community Redevelopment Agency ("BBCRA"). In order for me to represent FTC there can be conflicts of interest if informed consent is given and I state the following: I do not have information averse or would put the BBCRA in a disadvantage; the representation is not materially adverse to the interests of BBCRA nor will I reveal any information except as provided by the Florida Rules of Professional Conduct, citing Chapter 4 Section 1.11(a)(1). The matter coming before the BBCRA is a new lease extension from the contract that occurred on September 21, 2021 between 500 Ocean Properties, LLC and FTC. The clause, "The Parties reserve the right, in their sole and absolute secretion, to terminate this lease for any reason upon providing 90 days written Notice to the other Party." I may have personally and/or substantially participated in the matter for the September 21, 2021, lease extension by requiring the aforementioned clause to be included per negotiations with 500 Ocean Properties, LLC. I have included the lease extension from September 28, 2020, where I did not personally and/or substantially participate as a Public Officer as provided by the Florida Rules of Professional Conduct, citing Chapter 4 Section LI I(a)(2).Therefore, there may be a special conflict of interest existing because of the 90 day limitiation. If you believe this special conflict exists, please inform me; regardless, I kindly request informed consent to represent FTC. Thank you in advance for your cooperation. If you have any questions, please do not hesitate to call our office. Steven B. Grant, Esq. Florida Bar. No.: 85017 cc: Florida Technical Consultants, LLC Lease Extension Agreement September 28, 2020 500 Ocean Properties, LLC, a Florida limited liability company whose mailing address is 511 E Ocean Avenue, Boynton Beach, FL 33435 ("LANDLORD")and Florida Technical Consultants, LLC, a Florida limited liability company("TENANT")agree to extend lease on said premises know as 533 E Ocean Ave#2 and#3, Boynton Beach, FL 33435, original lease dated 15th day of October 2017. For good consideration 500 Ocean Properties, LLC and Florida Technical Consultants, LLC "tenant") agree to extend the said lease for a period of one year,starting date of 15th day of October 2020 and terminating on the 14th day of October 2021. The parties agree that no further right of renewal or extension shall exist beyond the termination date indicated above unless both parties agree to another lease extension agreement. During the lease extension period, Florida Technical Consultants, LLC, ("tenant") agrees to pay rent in the amount of$1300.00(One thousand#aws �t 'vj per month. This agreement shall be binding upon and shall insure the benefit off the parties,their successors,assigns, personal agents and managing members. Landlord 0 4At 41A)ln Date _112 2X:) Tenant ac Date —150T 'I a 2020 Witness Date Lease Extension Agreement September 21,2021 500 Ocean Properties, LLC, a Florida limited liability company whose mailing address is 511 E Ocean Avenue, Boynton Beach, FL 33435 ("LANDLORD")and Florida Technical Consultants, LLC, a Florida limited liability company("TENANT")agree to extend lease on said premises know as 533 E Ocean Ave#2 and #3, Boynton Beach, FL 33435,original lease dated 15th day of October 2017. For good consideration 500 Ocean Properties, LLC and Florida Technical Consultants, LLC "tenant") agree to extend the said lease for a period of one year,starting date of 15th day of October 2021 and terminating on the 14th khnical October 2022. The Parties reserve the right, in their sole and absolute discretion,to to this lease for any reason upon providing 90 days written Notice to the other Party. Initial (Tenant) L11 /-- During the lease extension period, Florida Consultants, LLC, ("tenant") agrees to pay rent in the amount of$1340.00(One thousand three hundred forty) per month. This agreement shall be binding upon and shall insure the benefit of the parties,their successors, assigns, personal agents and managing members. Landlord N, kqyneif A h Date Tenant Date IXciT ( Gyzl Witness Date i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 NEW BUSINESS AGENDAITEM: 13.13. SUBJECT: Discussion and Consideration of PBSO and the Fuel Discount for the Boynton Harbor Marina SUMMARY: On July 9, 2019 the CRA Board approved (Attachment 1) the current fuel discount program as follows (Attachment 11): *Gas = $.10 off pump price for credit cards and $.15 off for cash (plus any and all required taxes if not already included) *Diesel = $.15 off pump price for credit cards and $.20 off for cash (plus any and all required taxes if not already included). The CRA offers the Fuel Discount Program to all of their Boynton Harbor Marina Slip tenants, current"commercial" tenants of the Two Georges Marina, Jet Ski Rentals and the Boynton Beach Police Marine Unit since the Boynton Beach Police Department (BBPD) is the law enforcement agency rendering services in the CRA area. The Palm Beach County Sheriff's Office (PBSO) Marine Unit uses the Boynton Harbor Marina as a fuel source. PBSO sent a request asking for a law enforcement courtesy discount on fuel purchased from the marina (see Attachment 111). Since the PBSO is not one of the entities covered in the discount policy, Board approval will be required for the discount to be applied. The Board also has the option to table the item pending the results of the PBSO merger. FISCAL IMPACT: FY 2021 -2023 Budget Line Item #01-51630-327 CRA P LAN/P ROJ ECT/PROGRAM: 2016 CRA Redevelopment Plan, Downtown Vision & Master Plan, Boynton Harbor Marina Master Redevelopment Plan CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: 1 . Approve The Palm Beach County Sheriffs Office (PBSO) Marine Unit to utilize the discount currently offered on fuel purchased from the marina. 2. Do not approve The Palm Beach County Sheriffs Office (PBSO) Marine Unit to utilize the discount currently offered on fuel purchased from the marina. 3. Provide alternative direction to staff upon further discussion. ATTACHMENTS: Description D Attachment I -07/09/2019 Meeting Minutes D Attachment II -Current Fuel Discount Program D Attachment III -07/22/2022 PBSO Email Request Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 9, 2019 which was $631 K, and the CRA's match was 20%. The City Commission already approved a Memorandum of Understanding to let FDOT do the design and construction work. The CRA needs to have $631K reserved and then will be reimbursed. The total cost of the project is about $3M, and the CRA share is $900K, but the money will not be available until 2023. Staff was anticipating price increases or cost overruns that may occur in five years. Staff was happy the CRA was receiving the grants and the project would come to fruition. Board Member McCray asked if staff thought it would be better to allocate the money this year or next. Ms. Shutt suggested next year because the funds for the design will be needed in 2020/2021. Board Member Romelus agreed the CRA should allocate funds for construction of the road as well and had no objections to allocate $250K this year. As the design progresses, more exact amounts will be available. Mr. Simon announced he would apprise the Board of any cost changes. There were no objections to increase the total allocation from $250K to $500K. Vice Chair Katz revisited the MLK item. There was $1.6M rolling over and staff had added an additional $162K to it and $100K to the Cottage District. He asked the Board, since there are upcoming meetings and the Chair would be at the next meeting, if they wanted to allocate the funds or keep the status quo. Board Member McCray supported staying the status quo until the Chair was present, sending it to the CRA Advisory Board and discussing it later. There were no objections. (Board Member Romelus left the dais at 8:42 p.m. and returned at 8:44 p.m.) B. Approval of the FY 2019 - 2021 Boynton Harbor Marina Dockage Lease Agreement REVISED Mr. Simon explained this item is renewed every two years and the Board would decide whether to increase the per linear foot dockage lease rate to the Marina tenants and review the fuel discount and transient dockage fees with a maximum of three nights. Comparison information on other Marina charges was provided to the Board. The rates will not change until the existing two-year lease agreement expired. The recommended increase for transient dockage was 50 cents, from $2 to $2.50 and the Board was to consider an adjustment to the fuel discount rates, which are very affordable. Staff recommended an increase from $19 to $19.50 per linear foot. Board Member McCray supported the recommendation. Since the lease is two years, it is a 25 cents per year increase. Board Member Penserga asked how the increased revenues would be used and learned it would offset the overall expenses for the Marina, such as insurance, operating, management, repairs and maintenance, association fees at Marina Village, and the revenues would be deposited into the overall Marina budget. It helps keep a lower than market rate. The Marina budget currently has in and out revenues of$1 M. This year, staff allocated $1 M. The Marina has been operating in the black since the Open Space project was finished and since most of 2016. Mr. Simon explained each year staff strives to be keep revenues 13 Meeting Minutes Community Redevelopment Agency Board Boynton each, Florida July 9, 2019 slightly above the last year. Board Member Romelus asked how surrounding Marina rates increased and requested year-over-year information. Mr. Simon agreed to provide the information and explained the surrounding marinas were always higher. He noted the Board has until September to accept that rate. Staff wants a new rate for the budget and have it approved in September with the new budget taking effect October 1. Board Member Romelus wanted to see the information before voting. There was agreement the item would be voted on at the next meeting. Vice Chair Katz noted the CRA offers a gas discount of 20 cents for gasoline and 30 cents on diesel; if using a credit card, the discount is 10 cents for gas and 20 cents for diesel. The CRA could consider a cash discount of 15 cents per gallon of gas and 20 cents per gallon of diesel and a credit card discount of 10 cents per gallon of gas and 15 cents per gallon of diesel, which is in-line with other marinas. Mr. Simon commented in addition to the slip rate and the advertisements the marina gives the businesses there, the fuel discount is a discount to the tenants and an expense to the CRA. The lack of potential revenue is about $6,500 to $7,000. By changing the cost, it still provides a discount, but not the full amount. Mr. Simon was aware there is a discount card boat owners receive, which offers a 10-cent discount. Not very many municipal marinas that have fuel at the marina. The nearest marina that does provide fuel the CRA competes with is the Palm Beach Yacht Center. The CRA provides the discount to local businesses and marina tenants. It is a benefit to keep businesses in a better economic position. There was agreement on the change. Vice Chair Katz noted the transient dockage fee increased from $2 to $2.50. Board Member Romelus wanted a yearly revenue. Mr. Simon agreed to provide it. Motion Board Member Romelus moved to approve the fuel increase. Board Member McCray seconded the motion that unanimously passed. Motion Board Member McCray moved to table the remainder of the item to the next CRA meeting. Board Member Romelus seconded the motion that unanimously passed. Motion Board Member McCray moved have the CRA Advisory Board review the items. Board Member Romelus seconded the motion that unanimously passed. C. Consideration of First Amendment to the Interlocal Agreement (ILA) Between the Boynton Beach CRA and City of Boynton Beach for additional funding associated with the Sara Sims Park Improvement Project. 14 Aq Fuel Bock& Slips FUEL DISCOUNT POLICY • All vessels moored within the marina basin including Boynton Harbor Marina Tenants, Two Georges Marina Tenants, Sea Mist Marina Tenants, and Boynton Beach Police Boats are offered a fuel discount at The Boynton Harbor Marina Fuel Dock. • Discount will be extended to those renting boats from marina tenants. • Discount will not be extended to outside vessels that are not currently moored within the marina basin under any circumstance, even if a marina tenant is on board at the time of fueling. • The discount will not be extended to a tenant's "other" vessel that is kept at a location other than the Boynton Harbor Marina basin. • Gas discount is $.15 off per gallon for cash and $.10 off for credit card. • Diesel discount is $.20 off per gallon for cash and $.15 off per gallon for credit card. • All methods of payment normally accepted at the fuel dock will be accepted for discount fuel sales. • The discount is offered seven days per week. Boynton Harbor Marina 735 Casa Loma Boulevard, Boynton Beach, FL 33435 Office: 561-735-7955 Hill, Vicki From: Frieze, Randi J. <FriezeR@pbso.org> Sent: Friday,July 22, 2022 1:00 PM To: 'Brian Smith' Subject: RE: PBSO fuel for our Marine Unit Brian, will you allow PBSO a discount on the gas that we get from you ? Regards, Randi Frieze, CPPB Procurement Analyst II Palm Beach Sheriff's Office Office: 561-688-3264 friezer@pbso.org -----Original Message----- From: Brian Smith <bsmith@wptmarine.com> Sent:Thursday,July 14, 2022 12:42 PM To: Frieze, Randi J. <FriezeR@pbso.org> Subject: RE: New Vendor Forms to fill out please **This email was sent from an external (non-PBSO) source.** Hey, sorry I thought you were copied on this on Tuesday. Our finance director filled it all out, see attached. Thanks, Brian Smith Waypoint Marine Inc. P.O. Box 747 Boynton Beach FL. 33425 561-703-2185 bsmith@wptmarine.com Marina Manager: Boynton Harbor Marina Marina Village Marina -----Original Message----- From: Frieze, Randi J. <FriezeR@pbso.org> Sent:Thursday,July 14, 2022 12:37 PM To: 'bsmith@wptmarine.com' <bsmith@wptmarine.com> Subject: FW: New Vendor Forms to fill out please 1 Importance: High Hello, I have not heard from you... -----Original Message----- From: Frieze, Randi J. Sent:Tuesday,July 12, 2022 10:06 AM To: 'bsmith@wptmarine.com' <bsmith@wptmarine.com> Cc: Purchasing ISupplier<purchasingisupplier@pbso.org>; Bozdech, Sean A. <BozdechS@pbso.org> Subject: New Vendor Forms to fill out please Importance: High 7/12/22 Boynton Harbor Marina Att: Brian Smith Ph: 561-735-7955 Email: bsmith@wptmarine.com Mr. Smith, Please fill out the attached forms so that we can get you into our system as a vendor and send you purchase orders and payments. One form needs to be notarized. Regards, Randi Frieze, CPPB Procurement Analyst II Palm Beach Sheriff's Office 3350 Gun Club Road West Palm Beach, FL 33406 Office: 561-688-3264 friezer@pbso.org 2 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 NEW BUSINESS AGENDAITEM: 13.C. SUBJECT: Consideration of Registration and Travel Expenses to Attend the International Economic Development Council Conference on September 18 -21, 2022 in Oklahoma City, Oklahoma SUMMARY: The International Economic Development Council (I EDC) is a non-profit, non-partisan membership organization serving economic developers to promote economic well-being and quality of life for their communities, by creating, retaining and expanding jobs that facilitate growth, enhance wealth and provide a stable tax base. Members are employed in a wide variety of settings including local, state, provincial and federal governments, public-private partnerships, chambers of commerce, university and a variety of other institutions. This year's annual conference will be held in Oklahoma City, Oklahoma on September 18-21, 2022. It is an opportunity to connect with thousands of economic development professionals and learn industry insight from the experts about today's most pressing topics including economic reinvention, community innovation, and disaster recovery resiliency. The conference program is provided as Attachment I and more information about the conference can be viewed on their website: https:Hiedcconferences.org/OKC/. The member rate to attend the conference is $999/person until August 25, 2022. The CRA would provide reimbursement to the Board Members after the conference for eligible expenses for the conference registration, hotel, per diem for meals not included at the conference, and rental car and/or public transportation. FISCAL IMPACT: FY 2021-2022 Budget, General Fund, Line Item 01-51010-225, $10,000 CRA BOARD OPTIONS: CRA Board member attendance to be determined based on discussion and consideration. ATTACHMENTS: Description D Attachment I -Conference Program IEDC Annual Conference Event Schedule Sun, Sep 18, 2022 8:30 AM OKC Historic Neighborhood and Redevelopment Story 8:30 AM-12:00 PM,Sep 18 As Oklahoma City's urban transformation began,the commercial district's surrounding the core once again became vibrant neighborhood centers.In this tour,you will discover the unique redevelopment talking place in the Paseo,a Spanish colonial styled neighborhood with an arts focus;the Plaza District,a hip center of food,musical theater and shopping;Capitol Hill,a historic main street with a Latin flair;and Midtown,a center for housing, health care and entertainment.Our tour includes a networking brunch!Don't miss it! Price:$85 12:00 PM Registration,Exhibit Hall and Resource Center Open 12:00 PM-7:30 PM,Sep 18 International Forum 12:00 PM-1:30 PM,Sep 18 All conference participants are welcome to attend this roundtable discussion of economic development trends, challenges,and best practices in transportation,technology,tourism,and arts+culture.International speakers will each present for several minutes,followed by a Q&A session with IEDC's International Advisory Committee and the audience. 12:30 PM Business Retention Campaign Execution-COACT Learning Lab 12:30 PM-1:30 PM,Sep 18 COACT has been working with leaders in economic development since our inception.Whether your goal is to create more exposure for existing programs and incentives to a current local business market for retention purposes,to attract new businesses to the region,or a mixture of both-we can help.Most economic development organizations are tight strapped with little resources to do a big job.COACT is the answer to this-for the cost of an individual's monthly salary,COACT steps on board with an arsenal of growth experts in strategy,research, design,sales,and marketing functions to meet your community growth and retention goals. Attendance at this learning lab will allow you to walk away with a roadmap for you to help you set your organization up for a successful business retention and expansion campaign. 10 Speaker s r t! "�f Mark Frasco i !'. . President COACT Attracting Tech Companies To Your Location-Business Facilities Learning Lab 12:30 PM-1:30 PM,Sep 18 Anne Cosgrove,Business Facilities'Editorial Director will lead a discussion about what technology companies are looking for when relocating or expanding into a new location.We'll discuss the factors that attract site selectors in the tech sector,look at ways to meet the evolving needs of this sector,and learn what economic developers need to do to attract these companies to their location. After the conversation,you'll learn how database marketing has become an increasingly important tool for marketers across all industry sectors,and how EDOs need to include these programs in their recruitment efforts going forward.Business Facilities will share details on how hyper-focused marketing efforts can be used to target prospects down to a more defined level,increasing the chances of converting prospects to customers. Speaker Anne Cosgrove Editorial Director Business Facilities,Red Bank,NJ 2:00 PM Opening Plenary 2:00 PM-3:30 PM,Sep 18 Join us in the Ballroom for the Annual Conference Opening Plenary!We will kick off the conference with welcoming remarks from the Host Committee Chairs and our renowned keynote speakers!Don't miss it! Welcome Remarks Mark Funke CEO Oklahoma Business Roundtable,Oklahoma City,OK Kent Shortridge Senior Vice President-Operations&Customer Service ONE Gas,Inc.,Oklahoma City,OK Kevin Stitt Governor State of Oklahoma,Oklahoma City,OK 1 Keynote Panel#1 Cathy O'Connor ..,,tt Founder R r Coalign Group LLC,Oklahoma City,OK 1 Keynote Panel#2 Philip Gaskin i Vice President,Entrepreneurship Kauffman Foundation,Kansas City,MI Dell Cines,CEcD Lead Community Development Advisor Federal Reserve Bank of Kansas City,Omaha,NE Nathan Ohle President and CEO IEDC,Washington,D.C. East Side Story—23rd Street Development 2:00 PM-5:30 PM,Sep 18 Oklahoma City's northeast quadrant is home to Oklahoma's largest African American community.The area's formerly vibrant commercial districts were in decline and the area had become a food desert. In this tour you will see and learn about the success story that brought together multiple developers and partners to breathe life back into the area's retail offerings.The tour will include EastPoint,which includes a healthcare center,medical research firm,non-profit grocery,fitness center,bar,art gallery and event space,bookstore, optometrist,pizzeria,and coffee shop.The development received international recognition from the Urban Land Institute. Also,on the tour you will see a new full-service Homeland grocery development that included tax increment financing,a social impact loan,a bank co-op loan,and new market tax credits.The developers are Milwaukee- based Endeavor Corp and the Alliance for Economic Development in Oklahoma City. Price:$85 3:30 PM Networking Refreshment Break in the Exhibit Hall 3:30 PM-4:00 PM,Sep 18 Join your colleagues for a quick bite before you head to your next session.Don't forget to post pies with your new and old colleagues in the Whova app! 4:00 PM Measuring Economic Development Success 4:00 PM-5:00 PM,Sep 18 What should really count as economic development success in a community and how should it be measured? Traditionally,we use metrics around job creation,commercial tax base growth,and workforce statistics,among others.But,what metrics and key indicators are we actually missing when measuring and communicating with key stakeholders? Speakers Lawrence McKinney,CUD,CCE,IOM President and CEO NEDC,Norman,OK Chelsea Levo Feary,IOM,CUD,MPA President and CEO Owasso Chamber of Commerce,Owasso,OK Chris Mefford President and CEO Community Attributes Inc,Seattle,WA Effective Community-Based Workforce Development Strategies 4:00 PM-5:00 PM,Sep 18 Join this session and learn how varying communities have developed workforce strategies where stakeholders, partners,local schools,businesses,and job seekers work together through innovative collaboration. 1 Speakers • Helene Caseltine,CUD c Economic Development Director Indian River County Chamber of Commerce,Vero Beach,FL Mark Bergethon Principal Convergent Nonprofit Solutions,Atlanta,GA Choosing the Right"Mode"of Economic Development 4:00 PM-5:00 PM,Sep 18 Join this special workshop to hear from representatives from a myriad of diverse communities representing a myriad of modes of economic development organizations.From a 501c3,to a public private partnership,to a regional organization,the possibilities are endless.But,which one is right for your community?Listen in as speakers analyze the pros and cons of their organizational set-up and provide solutions that work. Speaker John Sternlicht,CUD,FM,JD CEO EDASC,Mount Vernon,WA Mastering the Four Pillars of Investment Attraction-ResearchFDI Sponsored Session 4:00 PM-5:00 PM,Sep 18 As senior leaders in economic development it is important to ensure best practices are in place while developing and mastering the 4 pillars of Investment Attraction: 1)Developing cutting edge marketing collateral,fresh websites,creative videos and optimizing digital content 2)Ensuring value propositions,competitive benchmarking and five-year planning lines up with your target audience 3)Generating high-end business intelligence 4)Generating highly qualified leads and meeting with companies in your target sectors. 1 Moderator Bruce Takefman President&CEO ResearchFDI,Montreal,QC Speakers Davor Davidovic Executive Vice President Operations ResearchFDI,Montreal,QC Scott Bryan Executive Vice President,Strategy&Consulting ResearchFDI,Montreal,QC Economic Development Ethics Workshop 4:00 PM-6:00 PM,Sep 18 Are you faced with ethical dilemmas in your professional life?Do you have the tools to deal with ethical issues? Economic developers regularly encounter situations that require sound judgment and strength of character.Saying no is not always easy but may be the right thing to do.This session will provide essential instruction on ethics in economic development and will provide you with the tools to foster a culture of high standards in your organization.No theoretical lecture,this workshop will focus on real life ethical situations faced by economic developers where decisions could mean the difference between success and failure in career and life. Price: Free,but registration required Straight from the Source:Perspectives from Six Diverse&Young Economic Development Fellows 4:00 PM-5:00 PM,Sep 18 Come meet and hear from six diverse young future economic developers.Learn how IEDC is actively working to advance equity and close disparities within the field of economic development through its inaugural Equity in Economic Development Fellowship Program. You will hear how these six diverse young people traversed the economic development waters over the summer at six economic development organizations across the U.S.and Canada,and learn about their gained hands-on experiences to advance substantive and impactful projects in their communities. 5:30 PM First Time Attendee Briefing And Conference Buddy Meet Up 5:30 PM-6:00 PM,Sep 18 Interested in learning how to successfully navigate your first IEDC Annual Conference?Find everything you need to know to make the most of your time and experience at IEDC's largest annual gathering of economic developers from around the world.This event will be followed by a networking opportunity for attendees to meet IEDC Board and Advisory Committee members prior to joining everyone for the Chairman's reception. 6:00 PM Chairman's Welcome Reception In Exhibit Hall 6:00 PM-7:30 PM,Sep 18 Join IEDC Board Chair,Todd Greene,IEDC President and CEO,Nathan Ohle,and Host Committee Chair Roy Williams in the Exhibit Hall to connect with old friends and make new ones! 7:30 PM International Dinner 7:30 PM-9:30 PM,Sep 18 Join your colleagues for an informal dinner celebrating the many countries and cultures that are a part of the IEDC family.This event is for our international attendees and all conference attendees who are engaged in international economic development,learning more about economic development practices in other countries,or just looking to network with friends from new places! Price:$95 8:00 PM LGBTQ+and Friends Social 8:00 PM-9:30 PM,Sep 18 Network with fellow economic development professionals in the LGBTQ community!Learn how your peers navigate the profession,leverage their unique perspectives,and support inclusive,more diverse communities.All while having fun! Price:$25 9:00 PM Young Professional and Student Networking Reception 9:00 PM-11:00 PM,Sep 18 Are you a young economic development professional or student?Don't miss our annual YP networking reception.Talking place at Social Capital,a fun location with roof-top views and a great drink selection,the YP networking reception is your chance to connect with peers at similar career stages from around the world. Price:$25 Please note:This event is limited to students and professionals 35 years of age or younger. Mon, Sep 19, 2022 7:15 AM New Member/Non Member Breakfast 7:15AM-7:45 AM,Sep 19 Join us and connect with other new IEDC members,as well as members of the IEDC Board of Directors and Membership development Advisory Committee.Learn more about IEDC member benefits and resources,as well as information on the Accredited Economic Development Organization(AEDO)program,Certified Economic Developer(CEcD)credential,Excellence in Economic Awards and other ways to become more involved through IEDC's advisory committees. Networking Continental Breakfast In The Exhibit Hall (D 7:15 AM-7:45 AM,Sep 19 7:30 AM Registration Desk,Exhibit Hall and Resource Center Open (D 7:30 AM-5:30 PM,Sep 19 How to Use Technology and Hyperlocal Data to Differentiate Your Major Properties-GISWebtech Learning Lab (9 7:30 AM-8:30 AM,Sep 19 The days of listing major properties in cookie-cutter fashion are over.Advances in technology enable property- specific,hyperlocal data and customized analysis of major properties on an individual basis,and leading economic developers are creating a competitive advantage for their communities by presenting major properties in a highly customized way. In this session you will learn(1)what types of site-specific,hyperlocal data can make your major properties stand out;(2)how site selectors and businesses are using this data to evaluate major properties;and(3)how the latest technology allows you to showcase each property's unique assets in a customized manner--without breaking the bank. 8:00 AM Monday Morning Plenary (9 8:00 AM-9:30 AM,Sep 19 Be sure to join us back in the Ballroom for an exciting morning!We first will hear from our IEDC Board Chair Todd Greene as he recaps the year in review,covering all of our successes and victories as an organization. Following his overview we will hear from noted international leaders as they discuss how innovation and technology are moving industry forward.Get there early! Keynote Panelists Bill Lance,MPH,FACHE Secretary of State The Chickasaw Nation,Ada,OK 0 Gary Batton Chief Choctaw Nation of Oklahoma,Durant,OK Dr.James Collard,FM Director Citizen Potawatomi Nation Industrial Development Authority y 11P Citizen Potawatomi Nation,Shawnee,OK 1 Keynote Speakers .0 Todd Greene,CEcD Executive Director WorkRise,Urban Institute,Washington,D.C. Ebony Edwards Co-Founder,Chief Executive Officer 4AEastside Lumber,Kansas City,MO Daniel Edwards Owner Eastside Lumber,Kansas City,MO OKC Innovation District 8:00 AM-11:30 AM,Sep 19 The Oklahoma City Innovation District is a thriving 1.3 square mile ecosystem of collaboration,innovation and economic growth centered around the OU Health Sciences Center,an academic health center and research complex.The organization was named the Association of University Research Parks'Outstanding Innovation District of the Year in 2021.Beyond academia,healthcare and bioscience,the area includes organizations spanning Oklahoma's diverse sectors of aerospace and unmanned systems,specialized manufacturing, technology and energy.The tour will include health and energy research facilities;an overview of Convergence,a 400,000-square-foot development under construction that will bring together laboratories,office space,a hotel, retail space and the proposed MAPS 4 Innovation Hall. Price:$85 9:30 AM Networking Break In Exhibit Hall 9:30 AM-10:00 AM,Sep 19 10:00 AM Investing in Rural Prosperity 10:00 AM-11:30 AM,Sep 19 Recently,the Federal Reserve System released a compendium of over 30 authors,which discusses diverse ways rural communities can pursue economic development.In this session,a panel of key national and local economic developers will discuss their various public-private partnerships in developing rural prosperity and investment. The Brooklyn Story: BAM...And Then It Hit Me(a Tale of Creative Neighborhood Transformation) 10:00 AM-11:30 AM,Sep 19 In this session,Karen Brooks Hopkins,who served as president of the Brooklyn Academy of Music(America's oldest Performing Arts Center)for sixteen(16)years will join Brooklyn City Councilwoman and current New York City Commissioner of Cultural Affairs,Laurie Cumbo,to share the factors that fueled Brooklyn's evolution from Manhattan stepchild to the coolest neighborhood on the planet!The maker movement,born in Brooklyn, was enhanced by the bond between makers,artists,and community leaders.Together they insisted on defining their community as a diverse and energetic center of creativity with benefits for both residents and visitors alike. The evolution of Brooklyn's economic development can be applied to cities everywhere as thriving cultural hotspots offering powerful alternatives to traditional real estate development. The story of BAM and the Brooklyn District features anecdotes of courageous neighborhood entrepreneurs and camaraderie between business leaders,elected officials,and arts administrators all striving to make Brooklyn a great place to live and work. Speakers t Karen Brooks Hopkins President Emerita of BAM-Brooklyn Academy of Music,Author,Former Nasher Haemisegger Fellow,SMU DataArts Advisory Board member Brooklyn Academy of Music,SMU DataArts,Brooklyn,NY Laurie Angela Cumbo Commissioner New York City Department of Cultural Affairs,New York,NY Challenges Facing Higher Ed Institutions 10:00 AM-11:30 AM,Sep 19 Five technology centers from across the Oklahoma City metro have partnered together to form Onward OKC. This panel will be made up of representatives from the five schools discussing the challenges they faced in forming this regional compact,how their work impacts economic development,how they identified priorities, how they work to support individuals,and how to incorporate engagement with educational entities. Navigating Use of Federal Grants and Resources for Economic Development Projects-GrantWorks Sponsored Session (D 10:00 AM-11:30 AM,Sep 19 1IN,1"I iui2 1 In this session,Karen Brooks Hopkins,who served as president of the Brooklyn Academy of Music(America's oldest Performing Arts Center)for sixteen(16)years will join Brooklyn City Councilwoman and current New York City Commissioner of Cultural Affairs,Laurie Cumbo,to share the factors that fueled Brooklyn's evolution from Manhattan stepchild to the coolest neighborhood on the planet!The maker movement,born in Brooklyn, was enhanced by the bond between makers,artists,and community leaders.Together they insisted on defining their community as a diverse and energetic center of creativity with benefits for both residents and visitors alike. The evolution of Brooklyn's economic development can be applied to cities everywhere as thriving cultural hotspots offering powerful alternatives to traditional real estate development. The story of BAM and the Brooklyn District features anecdotes of courageous neighborhood entrepreneurs and camaraderie between business leaders,elected officials,and arts administrators all striving to make Brooklyn a great place to live and work. Leading High Performing Organizations Roundtable Discussions (D 10:00 AM-11:30 AM,Sep 19 The past eighteen months tested the leaders of economic development organizations in new ways.Leaders faced changing demands and expectations from their communities,boards,elected officials and their employees,which resulted in new leadership styles.The Accredited Economic Development Organization(AEDO)program invites leaders of economic development organizations to participate in four roundtable discussions with their peers. Speak with similar leaders of similar size organizations on topics such as employee attraction and retention, business retention and diversification,developing diversity,equity,and inclusion initiatives,strengthening relationships with elected officials and boards of directors,and addressing fluctuating budgets. Speaker Justin Horvath,CUD President and CEO Shiawassee Economic Development Partnership,Owosso,MI 10:30 AM Economic Development Ethics Workshop (D 10:30 AM-12:30 PM,Sep 19 Are you faced with ethical dilemmas in your professional life?Do you have the tools to deal with ethical issues? Economic developers regularly encounter situations that require sound judgment and strength of character.Saying no is not always easy but may be the right thing to do.This session will provide essential instruction on ethics in economic development and will provide you with the tools to foster a culture of high standards in your organization.No theoretical lecture,this workshop will focus on real life ethical situations faced by economic developers where decisions could mean the difference between success and failure in career and life. Price: Free,but registration required 11:45 AM Student And Young Professional Mentorship Speed Networking (D 11:45 AM-1:30 PM,Sep 19 This unique mentorship opportunity should not be missed.Students and young professionals will meet and interact with seasoned economic developers.Mentors come from a variety of backgrounds and have a wealth of experience to share.Students and young professionals bring new energy that experienced economic developers find exciting for the profession.After the initial mentorship session,participants will have the opportunity to sit and have lunch together to continue conversations and make lasting connections.Box lunches will be provided. Note:Registration is free but required,and limited to students and professionals 35 years of age or younger. Mentors will be selected by invitation. 12:00 PM Defining Issues Luncheon: The Tulsa Race Massacre 100 Years Later 12:00 PM-1:30 PM,Sep 19 Each year,IEDC selects a key issue to take a deeper dive into over an intimate lunch featuring inspiring and knowledgeable speakers.This year,we will take a look at the Tulsa Race Massacre,100 years later.Join us for this important discussion driven by Tulsa community leaders who will share their perspectives on this terrible event in our history,what we have learned and how it impacts all of us. Price:$65 Moderator awMike Neal,CCE,CCD,FM,HLM,IOM President and Chief Executive Officer Tulsa Regional Chamber,Tulsa,OK Women's Empowerment Luncheon 12:00 PM-1:30 PM,Sep 19 In the spirit of women's empowerment,this luncheon is designed to help women receive support for their professional development.This luncheon will foster new relationships while strengthening existing ones. Participants will hear insightful stories from trailblazing female leaders across the country.Speakers will address key women's issues and how to create lasting change in our communities.Attend this luncheon to network,build relationships,and support female economic development professionals,because"The Future is Female!" Price:$65 10 Moderator Allison Larsen,CUD Founder Tadzo,Buckeye,AZ 10 Keynote Speaker Rachael Melot President and CEO Shawnee Forward,Shawnee,OK EDRP Luncheon 12:00 PM-1:30 PM,Sep 19 Economic Development Research Partners(EDRP)members won't want to miss this year's special networking luncheon where we will discuss pressing economic development issues and trends.It is a great opportunity to learn and connect with peers in a small,relaxed setting.If you're not an EDRP member yet,join today! 12:30 PM Town Hall Meet and Eat with IEDC President and CEO Nathan Ohle 12:30 PM-1:30 PM,Sep 19 Join IEDC President and CEO in the Exhibit Hall for an informal networking lunch in the Exhibit Hall while you connect with old friends,meet new colleagues,and check out the exhibit booths!Boxed lunches will be provided. Don't miss it! Speaker Nathan Ohle President and CEO ` IEDC,Washington,D.C. 5 Practical Tips for Business Retention-Bludot Technologies,Inc.Learning Lab 12:30 PM-1:30 PM,Sep 19 Are you engaging with your local businesses frequently,answering questions,and providing help however you can?Have you been thinking about how you can further support and promote them in your local community?Do you have a small(but mighty)team with limited time and resources?In this learning lab,we will share practical tips that we have learned by working with 100+communities across the country to boost your local business retention and tell your story. Speaker Sophia Zheng Founder and CEO Bludot Technologies Inc.,Mountain View,CA Capturing the Economic Power of the Remote Workforce-MakeMyMove Learning Lab 12:30 PM-1:30 PM,Sep 19 The pandemic dramatically accelerated a trend toward remote work.A recent national survey by Upwork showed that 19 million remote workers plan to move in the next 36 months.These circumstances represent a unique opportunity for communities to recruit move-ready talent and benefit from their enormous economic impact.Join us to learn about remote workers'economic power and what a Midwestern state is doing to harness it. Speaker Mike Rutz Co-Founder and CEO MakeMyMove,Indianapolis,IN National Weather Center Tour—Center for the Creation of Economic Wealth and Innovation Lab 12:30 PM-5:00 PM,Sep 19 As our climate changes and severe weather becomes more commonplace,the ability of companies and governments to predict and forecast weather events has become increasingly important.The National Weather Center in Norman,Oklahoma is the center of a growing cluster of weather businesses that serve that need.On this tour you will visit this one-of-its-kind collaborative work environment that brings together federal,state and academic experts working to improve our understanding of Earth's atmosphere.Tour includes the Storm Prediction Center and the National Severe Storm Laboratory. Price:$85 2:00 PM What We've Learned From Covid-19 2:00 PM-3:30 PM,Sep 19 Covid-19 challenged the practice of economic development like never before.In an ongoing cycle of changing conditions,economic developers did whatever they could to help businesses survive.In this session,IEDC will share what we have learned,as well as hear from you.This will be a facilitated,discussion-based session;come ready for a debriefl IEDC will also share the research facilitated by funding from the Economic Development Administration, including a white paper on Covid-19 impacts and an updated Leadership in Times of Crisis Toolkit. A Different Downtown 2:00 PM-3:30 PM,Sep 19 This session will explore the impacts of the recent pandemic(and its aftermath)on City Center and how Oklahoma City has responded. The session will feature a panel with speakers representing three diverse points of view:developer/property owner,large employer,and retail/hospitality. Speaker Jane Jenkins,CNU-A President and CEO Downtown Oklahoma City Partnership,Oklahoma City,OK Housing and Child Care 2:00 PM-3:30 PM,Sep 19 Shortages of affordable,quality housing and child care is a challenge for many,if not most,communities of every size and economic strength.This interactive session will consist of sharing best practices,brainstorming,and discussion. Key takeaways from the session will include:ideas that practitioners can take home and put to work to address housing and child care shortages,a network of other practitioners addressing housing and child care issues and confidence that even with limited resources,and how EDO's can make a difference in improving their community or region's housing and child care shortages.Don't miss it! Moderator Brett Doney,CUD,FM,EDP President and CEO Great Falls Montana Development Authority,Great Falls,MT 1�ew IGNITE 2:00 PM-3:30 PM,Sep 19 } Join this fast-paced IGNITE session for rapid-fire presentations on worldorce solutions from diverse communities and geographies.Speakers will highlight their special projects,best practices,and case studies in an upbeat high- energy setting.The session will conclude with a Q+A discussion with presenters.Don't miss it! 10 Speakers Adam Henry,CUD Senior Business Development Manager �. Arlington Economic Development,Arlington,VA Karl Dorshimer,CUD,EDFP President and CEO Lansing Economic Development Corporation,Lansing,MI Sandy Dubay CEO Platinum PR-Places Reimagined,Frederick,MD Moving from At-Risk to Healthy Populations: Understanding Social Determinants of Health in Your Community-Buxton Sponsored Session 2:00 PM-3:30 PM,Sep 19 Economic developers and healthcare providers across the country are facing the challenge of addressing social determinants of health and improving population health outcomes.To fill gaps in healthcare access,communities must define areas of at-risk populations by understanding the lifestyles of consumers with specific healthcare needs.In this session,Buxton and the New Orleans Business Alliance will discuss how economic development organizations can understand social determinants of health,track wellness concerns down to the neighborhood level,and partner with health systems to improve the community's overall population health. Speakers Brian Merrion °r Sales Director Buxton,Fort Worth,TX Norman Barnum,IV President and CEO New Orleans Business Alliance,New Orleans,LA Nikki Viner Vice President Buxton,Fort Worth,TX 3:30 PM Silent Auction &Ice Cream Social 3:30 PM-4:00 PM,Sep 19 Annual Ice Cream Social and the conclusion of the Silent Auction to benefit the Diane Lupke Scholarship Fund offers four scholarships to be applied toward the continuing education of selected economic development professionals attending IEDC professional development courses.Those unable to participate in the silent auction may support the Diane Lupke Scholarship Fund by making a contribution here. 4:00 PM Racial Inclusion in Urban/Inner City Revitalization and Entrepreneurship 4:00 PM-5:00 PM,Sep 19 Review step-by-step elements in successful urban/inner city revitalization, facilitating startups,retention,and expansion of Native,Black,Latino,and Asian businesses.The workshop will cover the elements of business planning,funding,leveraging commercial lease negotiations,location determinations and governmental relations. Rural Innovation in Oklahoma 4:00 PM-5:00 PM,Sep 19 Join this session for a look at how rural innovation strategies have become an important part of economic development in various Oklahoma communities.Speakers will highlight five direct drivers in creating an innovation economy,technology-based entrepreneurship,digital economy development,and how rural communities can utilize this approach to become more diversified and prepared for the future.Leave this session with a new perspective on economic development occurring in rural and tribal communities outside of Oklahoma's metro areas. Speaker James Eldridge,CEcD President and CEO Ada Jobs Foundation,Ada,OK Multi-State Collaboration to Accelerate C1eanTech Investment&Jobs 4:00 PMIy-5:0`�00yy PM,Sep 19 Clean energy industries,and the advanced manufacturing of cleantech supply chains,is a fast-growing sector in the United States and around the world.Research by advisory firm McKinsey suggests a handful of these technologies will generate about$1.2 trillion in global annual investment by 2030,by which point the International Energy Agency estimates total clean energy investment could reach$5 trillion per year.This session will discuss the central role of economic development organizations as this sector expands. Speaker CPAaron Brickman Senior Principal RMI,Washington,D.C. Economic Change in a World Divided 4:00 PM-5:00 PM,Sep 19 We are a profession caught in the crosshairs of an increasingly socially and politically divided world where consensus and compromise is harder than ever to achieve,but essential to getting the job done.What's an economic developer to do? This session will explore the role of civic infrastructure and how economic leaders can foster healthy civic discourse,anticipate risks and evaluate the impacts of dissension,while improving capacity within their organizations and amongst multiple stakeholders to make sound decisions involving diverse inputs,and take proactive(and possibly unpopular)actions to minimize such risks. 10 Speakers 0 Brandon Noll Senior Director of Business Development Northeast Indiana Regional Partnership,Fort Wayne,IN 0 Jeff Seymour,CUD Executive Vice-President,Economic Development Greater Oklahoma City Chamber,Oklahoma City,OK 6:30 PM Recognition Dinner 6:30 PM-9:00 PM,Sep 19 Join IEDC and your peers in honoring outstanding community and economic development leaders during an evening to remember in Oklahoma City.The`Oscars'of economic development,this annual gathering of the top members of our profession is filled with moving speeches and entertaining presentations.Our program this year will be unlike any previous Recognition Dinner and is not to be missed.Honors to be conferred are:—Fellow Members(FM)—Honorary Life Members(HLM)—Young Economic Development Professional of the Year— Leadership Award for Public Service—Citizen Leadership Award—Institutional Leadership Award—Jeffrey A. Finkle Organizational Leadership Award—Lifetime Achievement Award for Excellence in Economic Development. Price:$145 Tue, Sep 20, 2022 7:00 AM Registration Desk,Exhibit Hall,and Resource Center Open 7:00 AM-4:00 PM,Sep 20 DCI Fun Run/Walk 7:00 AM-8:00 AM,Sep 20 All IEDC attendees are invited to join their economic development peers for an early morning group run/walk through downtown.The first 50 participants receive a limited edition t-shirt!Hope you can join us prior to beginning your day at the IEDC Annual Conference! Preparing For The CEcD Exam Workshop 7:00 AM-8:30 AM,Sep 20 If you are planning to sit for the Certified Economic Developer(CEcD)exam,it's never too early to start planning and learning more about the process.All participants and attendees at this workshop will be provided with a complete overview of the Certified Economic Developer(CEcD)exam process,from application to the oral examination.Attendees will learn tools and techniques for preparing for the exam and witness a mock oral interview. 7:15 AM Networking Continental Breakfast In The Exhibit Hall 7:15 AM-7:45 AM,Sep 20 7:30 AM Mixed-Use Financing Districts=Transformative Developments and Funding Streams-Hunden Strategic Partners-Learning Lab 7:30 AM-8:30 AM,Sep 20 Come learn how to create mixed-use districts with multiple tax streams to financing major event,arena, convention and youth sports facilities.While major projects are impactful,they can be costly to develop and most of the spending is created outside the venue.By creating mixed-use districts around the`hero'in the middle, cities can capture taxes from the revenue streams generated at new hotels,restaurants,retailers and other entertainment options,while also attracting apartments and offices.Even mixed-use districts without a major venue in the middle are critical for community development.See examples and find out how to make it happen in your community. Speaker Rob Hunden President Hunden Strategic Partners,Chicago,IL Attract New Investors and Businesses Through Your Website and Digital Marketing-Accrisoft Learning Lab 7:30 AM-8:30 AM,Sep 20 Does your website attract new businesses to your city,generate investor leads,inspire entrepreneurship,and brand your region?If not,this session is for you.Learn how the country's most successful economic development organizations use their website and digital marketing to accomplish their vision.So get up early and join us for this insightful session and return to your organization equipped with new and innovative digital marketing ideas. Speakers Jeff Kline President and CEO Accrisoft Corporation,Charlotte,NC Brad Owens 4-lwg-- Director of Web Strategies Accrisoft Corporation Oklahoma Aerospace Economy&History 7:30 AM-11:30 AM,Sep 20 Aerospace is a bedrock of Oklahoma's economy.On this tour,you visit Tinker Air Force Base,the world's largest center for jet engine repair and technology and hear the story of how a former General Motors manufacturing facility was incorporated into the complex,making this the largest and most advanced manufacturing operation in the Department of Defense.The second portion of the tour will take you to the Mike Monroney Aeronautical Center at Will Rogers World Airport.There,you will visit the research center where scientists evaluate the impact of flight on the human body and see the world's pre-eminent training center for air traffic controllers. NOTE:This tour includes visiting a U.S.military installation.Tour attendees will be contacted prior to the conference to collect additional information,including your social security number and a photo of your ID.If you are not willing or able to provide these things,you will be unable to participate in this tour.Please consider this prior to registering.Unfortunately,our international attendees are unable to participate in this tour. Price:$85 8:00 AM Tuesday Morning Plenary 8:00 AM-9:30 AM,Sep 20 IEDC welcomes attendees for this morning's session featuring more exciting keynote speakers!Attendees will hear remarks and the 2023 vision of the Vice Chair of the IEDC Board of Directors,Jonas Peterson,followed by thought leaders who will discuss their innovative approaches to economic development. Welcome Remarks Roy Williams President and CEO Greater Oklahoma City Chamber of Commerce,Oklahoma City,OK 1 Keynote Panelists 0 Mary Ellen Wiederwohl President and CEO Accelerator for America,Louisville,KY 1 Keynote Speakers Mark Perna Speaker,Author,CEO TFS Results,Richfield,OH 9:30 AM Networking And Refreshment Break in the Exhibit Hall 9:30 AM-10:00 AM,Sep 20 Join your colleagues for a quick bite before you head to your next session.Don't forget to post pies with your new and old colleagues in the Whova app! 10:00 AM Talent Wars 2022:What People Look for in Jobs and Locations-DCI Sponsored Session 10:00 AM-11:30 AM,Sep 20 As labor and talent shortages continue to dominate the news cycle,the motivations and preferences of talent continue to evolve.Communities are under pressure to identify the trends and tactics that will help retain existing workers and differentiate them to relocating talent. To aid in this process,the sixth edition of DCI's"Talent Wars"-our national research study on the behaviors and preferences of relocating talent—sets out to better identify the reasons that are driving emerging trends. The results of our survey of more than 1,000 people who moved to a new location in the US over the past 24 months will be the basis of this session.We will examine the top factors that talent considers when making a career or location change,where talent looks to inform their decisions,the most pressing topics unique to the predicament and more. 1 Speakers Aaron Jones Account Director Development Counsellors International,New York,NY Symeria Palmer Account Manager Development Counsellors International,New York,NY Julie Curtin President,Economic Development DCI,New York,NY Newsjacking Your Way to Earned Media 10:00 AM-11:30 AM,Sep 20 Creating and implementing a media strategy is one of the most effective ways to get positive press.By utilizing techniques such as story pitching,localization,and newsjacking,economic development organizations can easily find their way into the local and regional media outlets.And no,it doesn't take a major announcement to get in the news.EDO's can position their leaders to serve as experts to comment on hot topics in the domestic and foreign business markets.These are concepts that EDO's can execute independently without hiring a professional firm or spending money on a public relations team. Speakers April Mason President Violet PR,Montclair,NJ Maria Budet Chief Marketing Officer �r y Miami-Dade Beacon Council,Miami,FL Cynthia Reid Sr.VP,Marketing and Communications Greater OKC Chamber,Oklahoma City,OK Taking an Entrepreneurial Approach to Managing Economic Development Organizations 10:00 AM-11:30 AM,Sep 20 How can EDOs find ways to manage budget constraints,help their businesses recover from the pandemic, respond to board demands,and monitor other stressors all while maintaining a high level of productivity?The answer is Entrepreneurial Operating System(EOS)style leadership. This session will focus on learning about how EDO's of businesses globally.Speakers will also highlight how integrating the EOS has directly impacted the successful growth of their EDOs.Don't miss it! Speaker Ron Franklin Director of Entrepreneurship Greater Green Bay Chamber,Green Bay,WI Achieving Universal Broadband Access in America 10:00 AM-11:30 AM,Sep 20 Over the next decade,public and private entities across America will be constructing new internet networks expanding high-speed internet to the unconnected.The pandemic exposed major weaknesses in our country's broadband infrastructure network,bringing to light the affordability challenges for many families.In addition,the need for better planning,mapping,and strategy to guide investments is essential at local,regional and by the states.To accomplish universal broadband access,it will take all economic and community development partners to collaborate and execute plans in bridging the digital divide.A dynamic panel has been assembled to discuss the waves of federal resources,address the challenges of supply chain and contractors,share best practices,and most importantly,provide direction for IEDC members desiring to be leaders in this dynamic endeavor. Speaker Tim Arbeiter h` Director,Broadband Consulting Finley Engineering,Inc.,Lamar,MO The Concept of Mobility is Changing;Are you ready for the electric future?-ROI Sponsored Session 10:00 AM-11:30 AM,Sep 20 Electric mobility is less and less of a concept out of Back to the Future,and increasingly the mobility of today. The e-transformation is poised to disrupt more than just the automotive industry and will cause significant shifts across the entire supply chain.Join us as we explore the effects of current events and future trends,policies that may be holding us back,and how communities can take a modern approach to capitalize on this shifting momentum by identifying new areas of opportunity in the evolving field of mobility. Speakers Shannon Lynch Vice President Business Development ROI Research on Investment Inc.,Montreal,QC Carrie Cole Vice President of Business Development Gazelle.ai/ROI Research on Investment,Montreal,QC Steven Jast President&CEO y ROI Research on Investment/Gazelle.ai,Montreal,QC Monetizing Tax Increment Financing 10:00 AM-11:30 AM,Sep 20 TIF subsidizes companies by refunding or diverting some of their taxes,or consumer-paid taxes,to pay for re/development in a"TIF district."In some states,TIF is heavily used—and also very controversial.Join this session as we explore how various communities have used TIF to generate inclusive commercial development and improve the quality of life in their respective communities.Stay until the end as there will be an opportunity to engage in a panel discussion with the presenters. Moderator Emily Blaylock President Untamed Equity,LLC,Davenport,IA 12:00 PM Keynote Luncheon 12:00 PM-1:30 PM,Sep 20 Join one thousand of your closest friends for the keynote luncheon of the year!This is a session not to be missed. Get there early! Keynote Panelists Alejandra Y.Castillo U.S.Assistant Secretary of Commerce for Economic Development Economic Development Administration,Washington,DC Nathan Ohle President and CEO ` IEDC,Washington,D.C. 1:30 PM OKC Urban Development—MAPS and OKC Downtown Redevelopment (D 1:30 PM-5:30 PM,Sep 20 Oklahoma City's Urban Redevelopment Story—Oklahoma City has dramatically reinvented itself using a unique, one-cent,pay-as-you-go,voter-approved sales tax program called the Metropolitan Area Projects.First approved in 1993,the program is now on its fourth iteration.On this tour you will see the impact of these debt-free projects and the billions of dollars of associated private development they have generated,including significant historic renovations(Skirvin,Colcord,First National)and new developments such as the Devon Tower!Our tour includes time to network atop Devon Tower! Price:$85 2:00 PM Climate,Energy,and Growth:Why We Always Get it Wrong (i 2:00 PM-3:30 PM,Sep 20 Join this session as panelists discuss the challenges posed by climate change on traditional economic development practices.Major topics from this session will include:the urgency of addressing climate change within your region,the link between site selection and clean energy sources,and the flow of capital related to green energy investment. 1 Speakers I Randall Kempner Senior Advisor Aspen Institute,Energy and Environment Program,Austin,TX Steven Pedigo Professor and Director of LBJ Urban Lab LBJ School of Public Affairs @ UT-Austin,Austin,TX 0 Shalini Ramanathan Director of Origination Quinbrook Infrastructure Partners,Houston,TX Jon Roberts Managing Partner TIP Strategies,Inc.,Austin,TX Leveraging Healthcare Assets for Economic Development (D 2:00 PMIy-3:3`�00yy PM,Sep 20 There is a growing recognition in the healthcare field that in order to create healthy people and communities, healthcare providers must increasingly affect the conditions that promote health outside of clinical care,known as the social determinants of health.These include items such as employment,housing,transportation,childcare and more.This healthcare evolution creates ample opportunity for new or stronger partnerships between healthcare providers and economic development practitioners that allow both to reach shared goals of healthy,economically vibrant communities. Learn how to utilize local healthcare assets in your economic development effort from a panel discussion of health care providers who will share their experience spurring development and revitalization in their communities. Building a Really Solid Board-CEO Partnership 2:00 PM-3:30 PM,Sep 20 This highly engaging and interactive workshop will focus on five key modules for building a solid board partnership:one,the evolving field of economic and community development governance;two,the CEO as Board Developer-in-Chief;three,making effective use of well-designed board standing committees;four, strengthening your board's self-management capacity;and five,meticulously managing the board-CEO working relationship.Bring plenty of paper for notetaking! Speaker Clint Nessmith CEO Resource Development Group,Statesboro,GA Corporate Engagement in Higher Education 2:00 PM-3:30 PM,Sep 20 Site Selectors and Consultants sit down to share insights on what companies are looking for from education providers in workforce development.This includes everything from applied research to upskilling;hear from global experts on best practices in educational partnerships.Members from IEDC's Higher Ed Advisory Committee will moderate and join the panel to share case studies from an institutional perspective. 10 Speakers Michael Grella Chief Economic Development Officer Grella Partnership Strategies,Atlanta,GA 0 Cody Mosley,CEcD Director,Workforce and Economic Development Francis Tuttle Technology Center,Oklahoma City,OK How Will the Metaverse,NFT's,and B1ockChain Impact the Future Workforce? 2:00 PM-3:30 PM,Sep 20 Over the next decade,the metaverse has the potential to add between$3T-12T to the global economy.What impact will digital twins,extended reality,and virtual assets have on communities and economic developers? How can worlHorce developers comprehend the skills needed within local labor markets and prepare their workforces accordingly?Contrary to what you might think,the metaverse is a far cry from the gaming and entertainment applications we see in the media.Join this session to explore the impact this emerging technology will have(both opportunities and threats)for our discipline and the communities we serve. 1 Speaker Alison Lands,CUD Director of Strategy,New York,NY SkyHive Technologies What the Deskless Workforce Really Wants and How to Provide It-Anthill Sponsored Session 2:00 PM-3:30 PM,Sep 20 Deskless employees'work doesn't happen at a desk,and they make up 80%of the global worldorce.They are also the most difficult to communicate and engage with...but that doesn't have to be the case. You'll walk out of this session with actionable insights for helping organizations in your community communicate with,engage and retain their deskless workers.We've spent years researching this workforce and work with thousands of them on a daily basis...the answers are much simpler(and less expensive)than you think! 3:30 PM Excellence in Economic Development Awards Ceremony 3:30 PM-5:00 PM,Sep 20 IEDC's Excellence in Economic Development Awards recognize the world's best economic development programs and partnerships,marketing materials,and the year's most influential leaders.These 25 awards honor organizations and individuals for their efforts in creating positive change in urban,suburban,and rural communities. Networking And Refreshment Break in the Exhibit Hall 3:30 PM-4:00 PM,Sep 20 Join your colleagues for a quick bite before you head to your next session.Don't forget to post pies with your new and old colleagues in the Whova app! 4:00 PM Building Data Driven Talent Recruitment Pipelines 4:00 PM-5:00 PM,Sep 20 Recovery and Resiliency are more than just buzzwords,they are the focus as we look to rebuild and reinvent our economy in the post pandemic world. In a business climate caught in a whirlwind of change,data can help set the course. In the development of data-driven strategies,economic dashboards can drive programming,support new partnerships,and highlight opportunities for growth in both industry sectors and the workforce. Speakers Rebecca Martin President and CEO Greater Federal Way Chamber of Commerce,Federal Way,WA Dave Parsell CEO Localintel,Vancouver,BC,Canada Invention,Trademarking and Economic Performance 4:00 PM-5:00 PM,Sep 20 In recent decades,patenting is associated with higher productivity growth,lower unemployment rates,and the creation of more publicly-traded companies.The effect of patents on growth is roughly equal to that of having a highly educated workforce.Brookings Institution has shown that a low-patenting metro area could gain$4,300 more per worker over a decade's time if it became a high-patenting metro area.By measuring innovation and stimulating inventive activity,local economies can see measurable economic development results. 10 Speaker Dr.Christiana McFarland Director 4. SRI International,Center for Innovation Strategy and Policy,Arlington,VA Criminal Justice Reform is Economic Development (D 4:00 PM-5:00 PM,Sep 20 Each year,more than 600,000 individuals are released from state and federal prisons.More than two-thirds of prisoners are rearrested within three years of their release,half are reincarcerated,and another nine million cycle through local jails.These individuals face a number of challenges upon their return,not the least of which are finding and sustaining adequate housing and meaningful employment.Second-chance hiring can be a key factor in criminal justice reform and making sure your community has the workforce it needs. Speaker Roy Williams President and CEO Greater Oklahoma City Chamber of Commerce,Oldahoma City,OK Entrepreneurship-Led Economic Development and Equity In Your Community (D 4:00 PM-5:00 PM,Sep 20 Entrepreneurship-Led Economic Development(ELED)is not only a strategy to focus on building a vibrant community,but when viewed through the lens of equity,it can also provide opportunity for traditionally underserved communities.Major takeaways from the session will include learning how to incorporate and measure equity-minded FLED in your community and recognizing the leaders paving the way for equity. Equity Mapping and Impact Tools-Community Attributes Sponsored Session (D 4:00 PM-5:00 PM,Sep 20 Your community and your region have committed to improve equitable access to economic opportunities—now,what's next?! How are you showing your efforts and your impacts?Have you inventoried your community's assets and weaknesses to uncover disparities?Do decision- makers have the right tools to make informed decisions?Can you demonstrate where you're investing—and why?Come see best practices in mapping equity data to help guide investments and communicate impact. Leveraging the Economic Impact of Anchor Institutions (D 4:00 PM-5:00 PM,Sep 20 The Federal Reserve Bank of Philadelphia will debut an Anchor Economy Data Dashboard in summer 2022 and this session will focus on this first-ever data set and discuss its implications for practitioners with two representatives from communities that engage anchors in economic development.The Anchor Economy Data Dashboard is created by the Philadelphia Fed in partnership with Oxford Economics and it will display the economic contribution of higher education institutions and hospitals for all metro and non-metro regions in the country(522 geographies).Data will include direct,indirect and induced employment,income,and gross value added for each region and will display other indicators including capital,operational and ancillary spending. endowment size;and research and Medicare funding. 5:30 PM Grand Networking Reception 5:30 PM-7:00 PM,Sep 20 Be there or be square!Meet up with old friends and make new ones at the networking event of the year!Don't forget to post your pies on the Whova app! Wed, Sep 21, 2022 7:00 AM Registration Desk Open 7:00 AM-12:00 PM,Sep 21 7:15 AM Networking Continental Breakfast 7:15AM-7:45 AM,Sep 21 Join us for our last breakfast together as we close out the 2022 Annual Conference.Be sure to post a pie of you and your new friends on the Whova App! 8:00 AM ED Talks 8:00 AM-9:00 AM,Sep 21 Q11�A,"IMA iuii l IEDC's highly popular ED Talks returns for a fifth year!Four exceptional speakers have been selected to share their solutions to our most pressing problems.They will help us find deeper meaning in the work that we do as we all recover from the pandemic.Don't miss it! 10 Featured Speaker Taneshia Nash Laird President&CEO Newark Symphony Hall,Newark,NJ Buddy Rizer bit Executive Director Loudoun County Economic Development,Ashburn,VA 9:15 AM Show and Tell with IEDC Award Winners 9:15 AM-10:30 AM,Sep 21 1IN,1"I%I II E This special session will highlight IEDC award winners'projects as they showcase the details of their work, benefits to the community,and how other economic developments might replicate their work in their own communities for economic development success!Don't miss it! Speaker Katherine Long Small Business&Information Coordinator Ponca City Development Authority,Ponca City,OK Your Digital Footprint: Putting Your Community's Best Foot Forward Online 9:15 AM-10:30 AM,Sep 21 Talent has never been so important,and so elusive.Remote work has thrown the doors open for talent pools worldwide.Companies and communities are implementing innovative ways to retain and attract talent.In this environment,the right marketing,particularly the right`digital first impression'of your community,is more important than ever.In this session,you'll learn how to use labor market data to be more effective with your marketing,what marketing strategies can create your ideal online first impression,and hear from communities who have successfully implemented these tactics. 10 Speakers bAmanda Ellis Editor in Chief Livability.com h Joshua Wright EVP of Community Division Lightcast(formerly Emsi Burning Glass),Moscow,ID Creative Workers are Key to Innovation 9:15 AM-10:30 AM,Sep 21 Innovation rarely emerges from a single skill set regardless of how well honed.Malting connections and collaborations across disciplines and industries is where pioneering research and results happen.In this session, Virginia Commonwealth University Arts(VCUArts)leads a discussion on the evolving approaches to learning, talent,and workforce readiness that are breaking traditional barriers to career paths.Training students to work across sectors and placing them in business,healthcare,and finance for real time creative solutions is demonstrating tangible results. Speaker Matt Woolman Director and Professor Virginia Commonwealth University School of the Arts,Richmond,VA Advancing Equity Through Redevelopment Projects 9:15 AM-10:30 AM,Sep 21 This session will identify meaningful steps that communities can take to prepare for and advance equity through redevelopment with an emphasis on public real estate properties.Speakers will take attendees through an equity planning exercise that will help to frame the desired outcomes for large and small scale redevelopment projects. Speaker Leonard Sledge Director of Economic Development City of Richmond,Richmond,VA Growing Tomorrow's Community and Organizational Leaders 9:15 AM-10:30 AM,Sep 21 Join this session as speakers highlight the importance and advantages of developing future leaders regardless of age in order to serve in state professional economic development organizations.Speakers will also breakdown the various ways to structure and administer a program of this magnitude.Be sure to bring your own community success stories and best practices as we learn from each other! Immigration Strategies for Workforce Development 9:15 AM-10:30 AM,Sep 21 } 10:45 AM Closing Session: Business Location Consultants Forum 10:45 AM-12:00 PM,Sep 21 IEDC's most highly rated forum returns to close out the 2022 IEDC Annual Conference!Here's another opportunity for economic development leaders to engage with the country's premier business location professionals.Stick around for the conference's final day and make sure to attend this session where you'll learn about the industry trends,insider trade secrets,leading business location indicators,and what communities and regions must do to stay competitive.Don't miss it! i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 NEW BUSINESS AGENDAITEM: 13.D. SUBJECT: Consideration of Registration and Travel Expenses to Attend the Florida Redevelopment Association 2022 Annual Conference on October 12-14 in Daytona Beach SUMMARY: CRA Board Attendance: The Florida Redevelopment Association (FRA) is our agency's statewide professional organization operating under the Florida League of Cities. This year's annual conference will be held on October 12-14, 2022 at the Hilton Daytona Beach Oceanfront Resort in Daytona. The conference provides valuable information to staff and board members on CRA related issues, best practices, programs and legislative updates. The registration information and conference program will be announced soon and shared on the FRA's website: https://redeveIopment.net/2022-annual-conference/. The 2021-2022 Fiscal Year Budget was approved with available funding for all five members of the CRA Board to attend the FRA Conference. The CRA would provide reimbursement to the Board Members after the conference for eligible expenses for the conference registration, hotel, mileage and per diem for meals not included at the conference. CRAAdvisory Board Member Attendance Policy: The CRA Board established a policy during Fiscal Year 2016-2017 that only two members of the CRAAB are permitted to attend the FRA Annual Conference per fiscal year and the CRA will only reimburse the cost of the conference registration fee and hotel. In light of the CDC guidelines, staff would recommend reimbursement of mileage for the CRAAB members to travel to and from the conference in order to maintain social distancing recommendations. If supported by the CRA Board, the CRAAdvisory Board would nominate up to two attendees at their September 4, 2022 Advisory Board meeting. FISCAL IMPACT: FY 2021-2022 Budget, General Fund, Line Item 01-51010-225: $10,000 available. CRA BOARD OPTIONS: CRA Board member attendance to be determined based on discussion and consideration. i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 NEW BUSINESS AGENDAITEM: 13.E. SUBJECT: CRA Board Discussion and Consideration of Executive Director's Annual Performance Review for FY 2022-2023 SUMMARY: At the September 14, 2021 meeting, the CRA Board approved entering into an Executive Director Employment Agreement with Thuy Shutt to provide all of the duties, responsibilities and obligations as required of the Boynton Beach Community Redevelopment Agency's Executive Director(see Attachment 1). Employment History with the Boynton Beach CRA: July 2017: Ms. Shutt was hired as the Assistant Director for the Boynton Beach CRA. July 2021: The CRA Board approved Ms. Shutt to transition into the interim Executive Director position upon the resignation of the former Executive Director Mr. Michael Simon in June 2021. The CRA Board indicated that there was no need to go outside if there was a well-qualified person within the agency. September 2021: The CRA approved Ms. Shutt to continue her role as the CRA's new Executive Director at the same salary as what Mr. Simon would have received if he had remained. September 2021 - Present: Ms. Shutt has been serving as the Executive Director. As described in the Employment Agreement under Section 5.0., Performance Review, "the CRA Board will provide Ms. Shutt with a review of her performance as Executive Director on an annual basis. At the Board's discretion, the Performance Review may be presented to Ms. Shutt in written or oral form and must take place at a regularly scheduled Board meeting." The Executive Director provided each member with a Performance Evaluation Form (see Attachment 11) to be completed and returned, if so desired, to the Executive Director for discussion at the Board's August 9, 2022 regular meeting. A draft First Amendment to the Executive Director Employment Agreement is provided in Attachment I I I for the Board's review and consideration. FISCAL IMPACT: Current salary amount is $167,174 and an annual automobile allowance of$3,600. CRA BOARD OPTIONS: Discussion and consideration of the item as determined by the CRA Board. ATTACHMENTS: Description D Attachment I -2021 Executive Director Employment Agreement D Attachment II - Performance Evaluation Form (Blank) D Attachment III - Draft First Amendment 2021-2022 Executive Director's Employment Agreement EXECUTIVE DIRECTOR EMPLOYMENT AGREEMENT This employment agreement ("Agreement"), is made and entered into by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY(the"CRA"),and THUY SHUTT, ("SHUTT")(collectively,the"Parties"). WHEREAS, the Board desires to employ SHUTT as Executive Director of the CRA; and WHEREAS, the CRA desires to provide certain benefits, to establish certain conditions of employment and to set certain working conditions of SHUTT as Executive Director of the CRA; and WHEREAS, SHUTT desires to accept employment as Executive Director of the CRA under the terms and conditions set forth herein; NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the Parties agree as follows: 1.0. Duties 1.1. The CRA agrees to employ SHUTT as the full-time Executive Director of the CRA. As Executive Director, SHUTT will perform all of the functions and duties assigned and delegated to her by the Board of Commissioners of the CRA (the"Board") and all functions and duties that are necessary to manage the CRA's operations pursuant to Florida Statutes, 163.330—163.463.The general scope of duties is set forth in the job description attached hereto as Exhibit"A." 1.2. SHUTT agrees to perform the duties set forth in Exhibit "A," as well as all other legally permissible and proper duties and functions as may be assigned by the Board from time to time. 1.3. SHUTT agrees to perform the duties of the Executive Director with care, diligence, skill and expertise and in full conformance with the laws governing the CRA. 1.4. SHUTT shall be subject to the all existing CRA policies and procedures governing its employees("Human Resource Policies").Where there is a conflict between the Human Resource Policies 01531551-1 and the terms of this Agreement, the terms of this Agreement shall control. 1.5. While serving as the Executive Director of the CRA, SHUTT shall not be entitled to engage in any other employment or professional engagements without prior consent of the Board, except that SHUTT may operate as a licensed architect so long as doing so does not conflict with or impede SHUTT's performance as the Executive Director of the CRA. 1.6. SHUTT shall comply with all applicable provisions of Florida Statutes and all applicable ordinances, resolutions, policies and procedures of Palm Beach County, the City of Boynton Beach and the CRA governing the behavior of public employees, as each may be amended from time to time. 2.0. Term 2.1. This Agreement shall become effective on the date the Board approves the Agreement or on the date SHUTT executes the Agreement,whichever is later("Effective Date"). 2.2. The Executive Director serves at the pleasure of the CRA as governed by the Board, and therefore, SHUTT's appointment as Executive Director hereunder has no fixed term. 2.3. The CRA may terminate SHUTT as Executive Director at any time, subject only to the provisions set forth in Section 7 of this Agreement. 2.4. SHUTT may resign from the Executive Director position at any time, subject only to the provisions set forth in Section 8 of this Agreement. 3.0. Salary 3.1. Base_Salar. The CRA shall pay SHUTT an annual compensation of one hundred sixty- seven thousand one hundred seventy-four dollars ($167,174.00), for serving as the Executive Director of the CRA pursuant to this Agreement("Base Salary"). The Base Salary shall be payable in equal bi-weekly installments at the same time and in the same manner that all other CRA employees are paid. 3.2. The CRA will reimburse SHUTT for documented and justifiable expenses incurred as a 01531551-1 direct result of SHUTT"s performing her duties as Executive Director of the CRA, within the amounts authorized for in the CRA budget. 4.0. Benefits 4.1. Benefits. The benefits provided to SHUTT pursuant to this Section 4.0 shall hereinafter be referred to as the`Benefits." 4.2. Automobile/Car Allowance. The Executive Director's duties require that she have the use of an automobile during her employment by the CRA.The CRA agrees to pay SHUTT three thousand six hundred dollars ($3,600.00) per year, beginning on the Effective Date, for automobile expense reiunbursement payable in equal biweekly installments at the same time and in the same manner as the Base Salary is paid. 4.3. Legal Holidays. SHUTT is not required to work office hours on legal holidays as designated from time to time by the CRA, the State of Florida, or the United States Government. 4.4. Vacation and Sick Leave. SHUTT shall be entitled to accrue, use, and cash out sick and vacation leave pursuant to the CRA's paid leave benefits policy. If the CRA's policies relating to vacation and sick leave change, the Employee's benefits will change accordingly. 4.5. Insurance. CRA agrees to provide, at no cost to SHUTT,health, dental, life, and disability insurance for SHUTT consistent with the health insurance policies in effect as of the Effective Date of this Agreement and provided by the City of Boynton Beach to its employees. If the policies relating to insurance of the City for City senior staff employees change, SHUTT's benefits will change accordingly. 4.6. Professional Memberships. The CRA agrees to budget for and pay SHUTT's membership costs in the American Institute of Architects(AIA),National Council of Architectural Registration Boards (NCARB),the Florida Redevelopment Association(FRA), and the Urban Land Institute(ULI), to further her development as Executive Director for the benefit of the CRA. 01531551-1 4.7. Conventions. The CRA agrees to budget for and pay SHUTT's travel and subsistence expenses to attend one national convention (e.g. AIA, ULI, APA, International Council of Shopping Centers(ICSC), National Trust for Historic Preservation(NTHP)) and one Florida conference(e.g. FRA) per year for continuing education for professional license or certificate maintenance.This shall not include expenses to conferences or events to accept awards or recognition on behalf of the CRA. 5.0. Performance Review 5.1. Timing. During the term of this Agreement, every year in the month of May, the Board will provide SHUTT with a review of her performance as Executive Director (hereinafter Performance Review). At the discretion of the Board,the Performance Review may be presented in written or oral form to SHUTT, and must take place at a regularly scheduled CRA Board meeting. 5.2. Base„Salar,_and_Benefits Adjustments. In conjunction with any Performance Review, the Board may change the Base Salary and/or any Benefits provided to SHUTT pursuant to Sections 3.0 and 4.0 of this Agreement in such amounts and to such an extent as the Board deems appropriate. Any change to SHUTT's Base Salary and/or Benefits shall require a written amendment to this Agreement executed by both Parties. 6.0. Termination 6.1. Date of Termination. This Agreement shall tenninate upon the earlier of the following (hereinafter Termination Date): 6.1.1. Execution by both Parties of a written amendment to this Agreement terminating the Agreement; 6.1.2. Unilateral termination of SHUTT as Executive Director by the CRA pursuant to Section 7.0 of this Agreement; 6.1.3. Resignation by SHUTT pursuant to Section 8.0 of this Agreement; or 01531551-I 6.1.4. Death of SHUTT. 7.0. Unilateral Termination b the CRA 7.1. Procedure. The CRA may unilaterally terminate SHUTT as Executive Director of the CRA at its absolute and sole discretion by majority vote of the Board at a publicly noticed meeting of the CRA Board. At said meeting, the CRA shall state whether the termination of SHUTT is with or without cause as described in Sections 7.2 and 7.3 below, and shall set the last day of SHUTT's term as Executive Director. The last day of SHUTT's tenn shall hereinafter be referred to as the"Effective Date of Termination". 7.2. Termination with,Cause. If SHUTT is unilaterally terminated by the CRA for failure to perform the duties and obligations of the Executive Director as set forth in Section 1.0 of this Agreement, and/or for misconduct and/or for violation of any rule, regulation or law, SHUTT shall be entitled to all earned and accrued base salary, vacation and sick pay, and all earned and accrued retirement benefits in any retirement plan offered through the CRA (including any employer"matching"funds) as of the date of termination,but SHUTT shall not be entitled to severance pay. 7.3. Termination without Cause. If SHUTT is unilaterally terminated by the CRA without a stated cause, SHUTT shall be entitled to the following: 7.3.1. A minimum of three(3)and maximum of twenty(20)weeks of severance pay from the effective date of termination. The term "severance pay" shall have the meaning as set forth in s. 215.425, Florida Statutes, and the amount and term of severance pay shall be determined by the Board at its sole discretion. 7.3.2. All earned and accrued vacation leave through the Effective Date of Termination. 7.3.3. All earned and accrued sick leave through the Effective Date of Termination. 01531551-I 7.3.4. All earned and accrued retirement benefits in any retirement plan offered through the CRA(including any employer"matching"funds); and 7.3.5. Reimbursement for as-yet unreimbursed expenses through the Effective Date of Tennination. T4. Conflict. In the event of a conflict between the severance benefit terns of this Section and the limitation of severance benefits provided in s. 215.425, Florida Statutes, as the same may be amended from time to time, the provision of Florida Statutes shall prevail. 8.0. Termination b esignation 8.1. Procedure. SHUTT may resign from the Executive Director position by providing a written Notice of Resignation to the CRA pursuant to the requirements of Section 11 of this Agreement(herein after"Notice of Resignation"). 8.2. Notice of Resianation. The Notice of Resignation shall provide a resignation date no later than thirty (30) days following the date of the Notice of Resignation (hereinafter "Effective Date of Resignation"). 8.3. Final Comoensation. Upon resignation, SHUTT shall be entitled to the following: 8.3.1. Base Salary through the Effective Date of Resignation or such other date as mutually agreed to between the CRA and SHUTT; 8.3.2. Earned and accrued sick and vacation leave through the Effective Date of Resignation or such other date as mutually agreed to between the CRA and SHUTT; 8.3.3. All earned and accrued retirement benefits in any retirement plan offered through the CRA (including any employer"matching" funds); and 8.3.4. Reimbursement for as-yet unreimbursed expenses through the Effective Date of Resignation or such other date as mutually agreed to between the CRA and SHUTT, 01531551-1 9.0. Termination Due to Death 9.1. Final Compensation. If this Agreement terminates due to SHUTT's death, SHUTT's estate shall be entitled to the following: 9.1.1. Base Salary as of SHUTT's last day serving as Executive Director. 9.1.2. All earned and accrued vacation leave through SHUTT's last day serving as Executive Director. 9.1.3. All earned and accrued sick leave through SHUTT's last day serving as Executive Director. 9.1.4. All earned and accrued retirement benefits in any retirement plan offered through the CRA (including any employer"matching" funds); and 9.1.5. Reimbursement for as-yet unreimbursed expenses through the SHUTT's last day serving as Executive Director. 9.2. Payment. In the event of any disagreement or dispute arising regarding to whom SHUTT's final compensation,as described above,should be paid,the CRA may rely on a court order on the matter, or in the absence of such an order, may interplead the payment of final compensation with a court of proper jurisdiction. 10.0. Indemnification. CRA shall defend,hold harmless from, and indemnify SHUTT against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance by SHUTT of the duties as Executive Director, except for any negligent, fraudulent, or criminal act or omission of SHUTT. CRA reserves the right to select, appoint,retain, and discharge legal counsel necessary to provide the foregoing defense. 11.0. Notices 11.1. All notices hereunder shall be in writing, and shall be delivered by certified mail, return 01531551-1 receipt requested, first-class postage prepaid, addressed to the parties at their following respective addresses, or at such other address as may be designated in writing by either party to the other: CRA: Boynton Beach Community Redevelopment Agency c/o CRA Board Chairperson 100 E. Ocean Avenue Boynton Beach, Florida 33435 And CRA Attorney Lewis, Longman &Walker, P.A. 360 Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 Employee: Thuy Shutt 102 NE 12th Street Delray Beach, FL 33444 12.0. General Provisions 12.1. Entire Avg eement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 12.2. Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties so long 'as the rights and obligations of the Parties contained in this Agreement are not materially prejudiced and the intentions of the Parties can continue to be achieved. To that end,this Agreement is declared severable. 12.3. Counterparts and Transmission. To facilitate execution, this Agreement may be executed 01531551-1 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. 12.4. A reementwDeemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 12.5. Governim Law.Jurisdiction. and Venue.The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 12.6. Independent_Advice. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 12.7. ComMiancewith Laws. In her performance pursuant to this Agreement, SHUTT shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations, including any applicable ethics and procurement requirements. IN WITNESS WHEREOF, the Boynton Beach Community Redevelopment Agency, Boynton 01531551-1 Beach, Florida, has caused this Agreement to be signed and executed on its behalf by the CRA Chairman, and approved as to form by the Board Attorney, and Thuy Shutt, Employee,has signed and executed this Agreement, both in duplicate, on the day and year first above written. [SIGNATURES ON FOLLOWING PAGE] 01531551-1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below: BOYNTON BEACH COMMUNITY REDEVELOPM N A CINCY By: �"` Date: Steven B. Grant,Chair t-, CRA ATTORNEY Approved a to. form"and,legdl sufficiency fJ Date: ° Lewis,""Longman&Walker,P.A., THUYSHUTT `K� � �t 3 e �� Date: � Thuy Shutt 01531551-1 EXHIBIT "A" BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) Job Description Title: EXECUTIVE DIRECTOR Retorts to: CRA BOARD OF DIRECTORS General Statement of Duties: An incumbent in this position performs highly responsible administrative and professional work directing and leading the activities of the CRA of Boynton Beach, its assigned staff, programs, and activities and other programs and initiatives designed to enhance business and economic development in the CRA area. Work includes preparation of work programs, budget and Capital Improvements Program, oversight of the sale of bond issues and project initiation, design, construction and monitoring. Under administrative direction, the incumbent may act as an advisor to the City's executive management team, and serves as a key staff member in the administration, development, and implementation of policies, systems, and procedures to facilitate implementation of the CRA's redevelopment plans and agreements. The incumbent manages a considerable variety and volume of work concerned with formulating and implementing projects,initiatives and work plans focused on community redevelopment.The incumbent's work is reviewed through meetings, reports, observation, and task/report/project completion. The incumbent reports to the Board of Directors of the CRA and is reviewed through conferences,reports, and discussions while projects are in progress and upon completion. The incumbent is responsible for the supervision of up to eight (8) direct reports (i.e., Admistrative Assistant, Assistant Director, Finance Director, Finance & Accounting Manager, Development Services Manager, Grants & Project Manager, Business Promotions& Events Manager, Social Media& Communications Specialist). Updated: 09/2/2021 ESSENTIAL DUTIES AND RESPONSIBILITIES: • Initiates, plans and directs the implementation of the adopted redevelopment plans (i.e., 20-30 plan, BB corridor plan, N. Federal Plan, Urban Design Guidelines) and answers general development questions as necessary. • Plans, organizes, assigns, directs and reviews the activities of professional, technical and clerical personnel engaged in the compilation,analysis and interpretation of data and preparation of reports and recommendations affecting community planning and redevelopment. • Oversees and is responsible for the final selection, training and evaluation process for all CRA staff. • Administers and provides oversight for all contracts and agreements for services by negotiating 01531551-1 contracts, creating the budgets for the contracts and by making sure they are in accordance with legal framework. • Serves as an in-house consultant and represents the CRA in dealing with and interfacing, communicating and resolving issues and problems with other agencies on a variety of related matters. • Negotiates the acquisition and disposition of real estate for the CRA and manages the real estate assets held. . • Provides oversight, and input to staff on the CRA Strategic Plan, and for individual strategic plans by conducting weekly meetings with staff to share and update plans, and to ensure that everyone is communicating regularly and are aligned with the mission of the organization. • Conducts weekly staff meetings in order for staff to share information and keep abreast of overall CRA operations and other operations in the City and local community. • Negotiates the acquisition and disposition of real estate for the CRA and manages the real estate assets held. • Oversees preparation of the annual operating budget and capital pian by meeting with the Assistant Director and Finance Director in order to present to the CRA Board for approval, and approves and reviews budgetary and financial reports prepared by the Finance Director. • Represents the CRA at meetings (e.g., Chamber of Commerce, City Advisory Boards, City Commission, and other organizations) regarding CRA matters within the scope of the CRA activities. • Conducts, directs and oversees all Public Relations activities for the CRA. • Handles all Board matters, policy matters and other related issues in order to accomplish Board Directives. • Sets all Board monthly meeting agendas and has oversight for all Board packets and to ensure all correct material is in packets etc. • Meets and confers with Board Attorney in order to ensure that Board policies and directives are being implemented appropriately. • Serves as public interface with the development community by attending meetings, visiting sites, discussing issues for resolution, discussing architectural styles, negotiating, and providing guidance etc. • Directs and implements projects in the phase of completion and evaluation in order to bring back 01531551-1 the information to the Board for their review and decision making on policies. • Provides oversight and assistance with all administrative and operational duties and issues for the CRA. • Prepares written evaluations on that the status of a program or project for the Board of Directors. • Prepares and responds to email messages from the Board, staff,developers,City officials and other personnel. • Attends monthly Board meeting, attends City commission meetings and two night meetings a month in order to keep abreast of activities and programs, and to provide information and/or answer questions as necessary.. PERFORMANCE EVALUATION DUTIES AND RESPONSIBILITIES: • Observes subordinates'job performance to ensure subordinate accomplishes goals and objectives. • Meets with subordinate(s) to discuss and review job performance necessary. • Analyzes and evaluates working conditions for improved employee output and requests and evaluates both written and oral input from employees to improve departmental services. • Conducts supervisory conferences or discussions with subordinates in reference to their performance. • Visits subordinates on-site to ensure observe their work and to provide assistance and input as necessary. • Infonns subordinates of how their efforts, in any given project, affected the outcome of the total proj ect. • Writes performance appraisal reports. • Verbally praises subordinates. • Verbally reprimands subordinates. KNOWLEDGE SKILLS AND ABILITIES LIST: KNOWLEDGE • Knowledge of economic development issues, public relations and issues affecting urban revitalization. • Knowledge of financial packaging for development projects. 01531551-1 • Knowledge of principles and practices of City Planning,Zoning,historic preservation and housing. • Knowledge of the financial and legal aspects relating to bond issue and sales and land acquisition. • Knowledge of marketing techniques relating to promoting programs. • Knowledge of principles and practices of administration and organizational theory. • Knowledge of research techniques, methods, and procedures. • Thorough knowledge of the principles,practices and laws surrounding redevelopment in the City of Boynton Beach and knowledge of the same in the State of Florida. • Knowledge of economic development trends and techniques and the functions, operations and relationships among local, state, and federal agencies related to redevelopment and housing policies. • Knowledge of negotiation tools and techniques and team building practices. • Considerable knowledge of problem solving and conflict resolution practices and techniques. • Considerable knowledge of project and workload planning and organizational and management practices as applied to the analysis and evaluation of programs,policies,and operational needs and change management. • Basic knowledge of principles and practices of budget preparation in the public sector. • Basic knowledge of the practices and methodologies of contract administration and the development and implementation of procedures. SKILLS • Skill in comprehending information and ideas clearly. • Skill and ability to make arithmetic computations with speed and accuracy. • Skill at operating a personal computer and related software including but not limited to word processing, spreadsheets and electronic mail. ABILITIES • Ability to lead a team of paraprofessional and professional staff. • Ability to identify and respond to community,Redevelopment Agency Board,and City Commissin issues, concerns, and needs. • Ability to make presentations to the CRA Board on a regular basis. • Ability to facilitate public meetings, workshops, and negotiations. • Ability to engage in on-going process improvement review and implementation,both individually and as a team member and leader. • Ability to seek out opportunities for redevelopment and negotiate effective and constructive deals on behalf of the CRA. • Ability to provide vision and set operational goals to achieve the CRA vision, and identify and analyze administrative problems, and implement operational changes. • Ability to understand and contribute to the work of the CRA by ensuring effective service delivery. • Ability to deal constructively with conflict and develop effective resolutions. • Ability to exercises analytical judgment in areas of responsibility by identifying issues or situations as they occur and specifying decision objectives, assists in identifying alternative solutions to 01531551-1 issues or situations, and implements decisions in accordance with prescribed and effective policies and procedures and with a minimum of errors. • Ability to exercise discretion and judgment in developing and implementing courses of action in carrying out responsibilities. Maintains firmness,objectivity,and fairness in implementing courses of action. • Ability to identify, assimilate and comprehend the critical elements of a situation; interpret the implications of alternative courses of action and evaluate factors essential to a problem solution; to separate relevant from irrelevant information. • Ability to develop and maintain excellent rapport, and cooperative and courteous relationships with boss, co-workers, officials,developers,city employees and the general public. Listens to and considers their suggestions and complaints and responds appropriately. • Ability to be adaptable to performing under stress when confronted with critical and/or high priority activities,events or unusual situations in which working with speed and sustained attention are make or break aspects of the job. • Ability to plan and organize constantly changing daily work flow by establishing priorities for the completion of work in accordance with sound time-management methodology; effectively and efficiently utilizes resources to achieve such goals and objectives. • Ability to speak to people to convey or exchange infonnation; receive or provide assignments or directions; speak with others with poise, voice control and confidence; record and deliver and communicate effectively and efficiently with persons of varying educational and cultural backgrounds. • Ability to communicate orally in the English language with customers, clients, and the public in a one-to-one or group setting. • Ability to produce written documents in the English language with clearly-organized thoughts with proper sentence construction, punctuation, and grammar. • Ability to explain things clearly. • Ability to remain fair and objective. • Ability to remain calm in stressful situations. • Ability to think under pressure. • Ability to apply supervisory, management and leadership principles, practices concepts and techniques. • Ability to apply principles of time management. • Ability to favorably influence the activities of others (e.g., outside vendors). • Ability to identify and correct personal deficiencies. • Ability to display sensitivity to the feelings of others. • Ability to use diplomacy and tactfulness. • Ability to negotiate. • Ability to persuade others. • Ability to display patience. • Ability to demonstrate initiative. • Ability to withstand criticism. • Ability to follow directions. • Ability to obtain needed resources, as appropriate. 015?]551-1 • Ability to work independently. MINIMUM ENTRANCE QUALIFICATIONS: Graduate from an accredited college or university with a Bachelor's Degree in public or business administration,urban and regional planning, or related field. Eight(8) years of progressively responsible work experience in community redevelopment, urban renewal, real estate, finance and public relations, the majority of which shall have been in a responsible managerial capacity with budgetary development and responsibility. A Master's degree is preferred and may substitute for a portion of the required work experience; or an equivalent of training and experience. S: ecial Job Requirements and typical working conditions: This position requires the incumbent to work a standard 40 hour week which requires some flexibility. Working under pressure is unavoidable when schedules change and problems arise, but deadlines and goals must still be met. Incumbent performs majority of the work typically indoors. Work is usually performed sitting, standing, and walking. ESSENTIAL PHYSICAL REQUIREMENTS AND ENVIRONMENTAL CONDITIONS: • Sitting for long periods of time, standing, and walking. • Lifting and bending. • Use of telephone and the computer on a regular and continual basis. • Acceptable eyesight(with or without correction). • Acceptable hearing(with or without hearing aid). • Works inside with noise and heat. Reasonable accommodation will be made for otherwise qualified individuals with a disability. 01531551-1 r} lt�rr,. nt.. BOYNTON CRA C,',0MMLJN1TY REDEVELOPMENT AGENCY Executive Director's Annual Performance Evaluation Period: August 2021 - August 2022 FOR: Thuy Shutt DATE: NAME OF EVALUATOR: ANNUAL EVALUATION PROCESS: 1. The Board Chair and each Board member Board is requested to complete the performance evaluation form based on his/her assessment of the Executive Director in ten maj or areas of responsibility that include a total of 32 specific performance measures. An "Overall Impression" rating and six (6) comment areas are also included. 2. The Board Chair and each Board member Board shall discuss the evaluation individually with the Executive Director at a Performance Evaluation Conference. Preliminary scores may be adjusted as a result of the discussion. There is a "Comment" section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the Executive Director Executive Director and provided to the CRA Board. (The detailed rating sheets of the other Board members will be provided when requested.) 4. The performance evaluation shall be reviewed at the next available Board meeting at which time the CRA Board shall determine the merit of an increase in the Executive Director's compensation. INSTRUCTIONS: Rating Scale: Each question is followed by a rating scale. Raters may circle the selected performance indicator(1, 2, 3, 4 or 5) or place an "X"along with a numerical score on the rating scale line when you feel a rating falls between two whole numbers. There are 32 listed performance indicators in the ten major performance categories on the pages that follow: 1 = Unsatisfactory: poor, needs substantial improvement=VERY DISSATISFIED 2 = Below expectations: needs improvement= MARGINAL 3 = Satisfactory: meeting an acceptable performance level = SATISFIED 4 = Meeting expectations: very good = MORE THAN SATISFIED 5 = Exceeding expectations: excellent=VERY SATISFIED EXECUTIVE DIRECTOR'S TEN MAJOR AREAS OF RESPONSIBILITY I. Organizational Management 1. Leadership: Does the Executive Director motivate others to maximum performance? Is the Executive Director respected as demanding but fair? Does the Executive Director provide the necessary assistance to the Board and leadership to the CRA staff and community volunteers? Is the Executive Director mindful of the Agency's activities related to Statutory guidelines and regulations? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 2. Supervision: Does the Executive Director adequately supervise and direct the activities of the CRA staff? Is the Executive Director able to utilize CRA staff effectively to meet the goals and objectives of the CRA? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 3. Job Organization: Does the Executive Director delegate responsibility effectively? Does the Executive Director use his/her time productively? Does the Executive Director program projects and activities in an orderly and systematic way? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 2 of 14 4. Staff Development: Is the Executive Director able to recruit and retain quality employees? Is the Executive Director Executive Director committed to having CRA staff operate well as a team? Does the Executive Director effectively develop and make professional training available for CRA staff members? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: II. Fiscal/Operational Management 5. Budget: Is the budget developed in a systematic and effective manner? Is the annual budget presented in a timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the Executive Director carry out the budget satisfactorily throughout the year and control expenses within the levels set in the budget? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 6. Agendas: Does the Executive Director prepare comprehensive, relevant and complete agenda topics and reports for the CRA Board? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 3 of 14 7. Financial Reporting: Does the Executive Director provide periodic financial reports in a well-designed, informative and understandable format? Based on the Agency's annual reporting and auditing practices, does the Executive Director maintain sound financial practices and meet desired fiscal management? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 8. Managing Multiple Priorities: Is the Executive Director capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the CRA? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 9. Productivity: Can the Executive Director be depended on for sustained productive work? Does the Executive Director readily assume responsibility? Does the Executive Director meet time estimates within his/her control? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 4 of 14 III. Program Development and Follow-Through 10. Execution of Policy: Does the Executive Director understand and comply with the overall policies, laws and philosophy of the CRA? Do his/her efforts lead toward successful accomplishment of Agency goals? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 11. Program Development: Does the Executive Director translate policies and objectives into specific and effective programs? Does the Executive Director independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 12. Imagination - Initiative: Does the Executive Director display objectivity when approaching a problem? Does the Executive Director create effective solutions? Is the Executive Director able to visualize the implications of various alternatives? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 5 of 14 IV. Communication 13. a. Communication: Does the Executive Director keep CRA Board members and other appropriate people informed? Does the Executive Director present his/her thoughts in an orderly and understandable manner? Does the Executive Director display effective communicate skills and display signs of respect to members of the public? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 13.b. Communication: Does the Executive Director possess the skills necessary to conduct the business of the Agency when dealing with members of the development industry? Does the Executive Director conduct himself/herself in a positive and professional manner when dealing with members of the development industry? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 14. Reporting: Does the Executive Director provide requested information to the Board in a timely and efficient manner? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 6 of 14 15. Board Communication: Does the Executive Director provide the Board with adequate information to make decisions? Does the Executive Director receive an enthusiastic response to his/her new ideas and needed organizational changes? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 16. Written Communication: How effective are the Executive Director's letters, memoranda and other forms of written information? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: V. Relationship with the CRA Board members 17. Response to Board: Does the Executive Director respond in a positive way to suggestions and guidance from the Board? Is the Executive Director attuned to the Board's attitudes, feelings and objectives? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 7 of 14 VI. Long Range Planning 18. Strategic Planning: Does the Executive Director help develop effective goals, objectives, policies and procedures while providing an annual budget work plan that reflects those provided by the Board and held within the CRA Plan? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 19. Economic Development: Does the Executive Director demonstrate leadership and vision in promoting the economic and physical development within the CRA District while maintaining concerns for "quality of life" issues? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 20. Multi-Year Approach: Is the Executive Director assisting the CRA Board to address the Agency's future through multi-year planning and appropriate capital budgeting? Does the Executive Director possess the ability to see beyond current year projects and goals? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 8 of 14 VII. Relationship Building/Public Relations 21. Community Reputation: What is the general attitude of the community toward the Executive Director? Is the Executive Director regarded as a person of high integrity and ability? Is his/her public credibility an asset or liability to the City? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 22. Intergovernmental Relations: Does the Executive Director work effectively with City, state, federal and other local government representatives? Is the relationship with other local government officials and staff beneficial to the CRA? Is the Executive Director able to facilitate cooperative efforts among various local agencies and the CRA? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: VIII. Professional/Personal Development 23. Objectivity: Is the Executive Director unemotional and unbiased? Does the Executive Director take a rational and impersonal viewpoint based on facts and qualified opinions? Is the Executive Director able to divide his/her personal feelings from those which would most effectively represent the CRA's interest? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 9 of 14 24. Professional Reputation: Does the Executive Director deal effectively with other public sector employees or officials? Is the Executive Director respected by professional and staff representatives within the City of Boynton Beach, other cities and counties? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 25. Stress Management: Is the Executive Director able to resolve problems while under strain or unpleasant conditions? How well does the Executive Director tolerate conditions of uncertainty? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: IX. Professional Attributes 26. Leadership Style: Does the Executive Director display a leadership style that is firm,but flexible and adaptable,while responding to individuals or situations in an appropriate, positive manner? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 27. General Attitude: Is the Executive Director enthusiastic, cooperative and willing to adapt? Does the Executive Director have an enthusiastic attitude toward the CRA and City,both Page 10 of 14 professionally and personally? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 28. Professional Drive: Is the Executive Director energetic and willing to spend the time necessary to do a good job?Does the Executive Director have good initiative and is the Executive Director a self-starter? Does the Executive Director have good mental and physical stamina? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 29. Judgment and Decisiveness: Is the Executive Director able to reach quality decisions in a timely fashion? Are his/her decisions considered to be generally, good? Does the Executive Director exercise good judgment in making decisions regarding his/her general conduct? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 30. Integrity: Does the Executive Director properly avoid politics and partisanship? Is the Executive Director honest and forthright in his/her professional capacities? Does the Executive Director have a reputation in the community for honesty and integrity? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 11 of 14 X. OVERALL PERFORMANCE: 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Areas ofperformance callingforpraiselcommendation. Comment Areas 1. What are the Executive Director's most significant accomplishments during the past year? 2. What are the Executive Director's strongest qualities or strengths? 3. In what areas does the Executive Director need to improve? Recommendations. 4. Two things the Executive Director does that you would like him/her to continue. Page 12 of 14 S. Two things the Executive Director does that you would like him/her to discontinue. 6. Two things the Executive Director does not do that you would like him/her to start. Additional Comments (if applicable): The remainder of this page is intentionally left blank. Page 13 of 14 Executive Director's Annual Performance Evaluation Signature Page Evaluator's Signature Date Evaluator's Printed Name: Performance Conference Date (if applicable): Executive Director's Signature (if Performance Conference took place) Page 14 of 14 FIRST AMENDMENT TO EXECUTIVE DIRECTOR EMPLOYMENT AGREEMENT This First Amendment("Amendment")to the Executive Director Employment Agreement ("Agreement") is made and entered into by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter the "CRA"), and THUY SHUTT (hereinafter "SHUTT"). RECITALS WHEREAS, on September 20, 2021, the CRA and SHUTT entered into the Agreement employing SHUTT as Executive Director of the CRA; and WHEREAS,pursuant to Section 5.0 of the Agreement, every year,the Board of Directors of the CRA will provide SHUTT with a review of his performance as Executive Director and may re-evaluate SHUTT'S base salary and/or benefits; and WHEREAS, on August 9,2020,the Board of Directors of the CRA provided SHUTT with a performance evaluation and approved an amendment to the Agreement, increasing SHUTT'S base salary by %; and WHEREAS, SHUTT'S salary increase shall become retroactive beginning August 1, 2022. ("Effective Date"). NOW THEREFORE, for and in consideration of the foregoing recitals, the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby agree as follows: 1. Salary. As of the Effective Date, the Agreement is hereby amended by deleting Section 3.1 of the Agreement in its entirety and inserting in place thereof the following: 3.1 Base Salary. The CRA shall pay SHUTT an annual compensation of$ for serving as the Executive Director of the CRA pursuant to this Agreement ("Base Salary"). The Base Salary shall be payable in equal bi-weekly installments at the same time and in the same manner that all other CRA employees are paid. 2. Performance Review. As of the Effective Date, the Agreement is hereby amended by deleting Section 5.1 of the Agreement in its entirety and inserting in place thereof the following: 01784705-2 5.1 Timing. During the term of this Agreement, every year no later than August, the Board will provide SHUTT with a review of her performance as Executive Director (hereinafter Performance Review). At the discretion of the Board,the Performance Review may be presented in written or oral form to SHUTT, and must take place at a regularly scheduled CRA Board meeting. 3. Conflicts. Should any provisions of this First Amendment conflict with any provisions of the Agreement or any other amendment to the Agreement, the provisions of this First Amendment shall control. 4. Counterparts. This First Amendment may be executed in two or more faxed or emailed counterparts, each of which shall be an original„ but all of which shall constitute one and the same instrument. 5. Other Terms and Conditions. All other terms and conditions of the Agreement shall remain in full force and effect. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Date: Ty Penserga, Chair CRA ATTORNEY Approved as to form and legal sufficiency Date: Lewis, Longman&Walker,P.A., THUY SHUTT Date: Thuy Shutt 01784705-2 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 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 495 302 ;CRA Funding for Economic Impact Study;($25,000) ;Remaining Fund Balance as of 8/2/22: ;$36,298 ----------------------------------------------------------------------- List of CRA Board approved Economic Development Program Grantees since October 1, 2021 : Tota Business Business Business Funds Funds ' Name Address Type GrantApproved DisbursedYear-to- Date ear.to- Date Stevo, Inc. d/b/a CK's 301 SE 4th Lockshop Property $2,368 $2,368 Lockshop & Street I mprovement Security Center Advantage Physical 906S. Property Therapy, LLC Federal Improvement Office d/b/a Apex Highway, Medical Rent $40,000 $0 Network Suite B Reimbursement Physical Therapy#39 Alberta and 130 E. MLK Octavia Bell Jr Commercial Property $25,000 $0 Commercial Boulevard Plaza I mprovement Property 425 NE 41h Street 501 N. Southern Golf Federal Retail and Property Cars, I nc. Highway I ndustrial I mprovement $75,000 $0 507 N. Federal Highway Appliance King 622 N. Property of America, Inc. Federal Retail I mprovement $25,000 $12,500 Highway H. Longo 500 1 nsurance Gulfstream Rent Associates, Boulevard, Office Reimbursement $5,784 $5,784 1 nc. d/b/a Unit 201 Extension Allstate Premier 326 W. Rent Medical Center Boynton Medical Reimbursement $5,871 $3,914 of Boynton Beach Office Extension Beach, LLC Boulevard Service First 420 W. Rent Boynton Professional Reimbursement Processing, Beach Office Property $40,000 $0 Inc. Boulevard I mprovement Studio Glo, 413S. Rent LLC Federal Hair Salon Reimbursement $6,798 $2,266 Highway Extension Sole-Perna, 1815S. Rent Inc. d/b/a Salon Federal Hair Salon Reimbursement $40,000 $0 South Flow Highway, Property Units 3&4 1 mprovement Beauty& The Rent Beat, LLC 240 E. Reimbursement d/b/a Beauty& Woolbright Hair Salon Property $39,391 $0 The Brow Road I mprovement Boutique Tropical Island 126 W. Restaurant, Boynton Restaurant Rent $21,000 $0 LLC Beach Reimbursement Boulevard JWS I nvestments 126 W. Restaurants, Boynton Property LLC d/b/a Beach Restaurant Improvement $50,000 $0 Tropical Island Boulevard Restaurant Pending Board Approval August 9, 2022 SimpleWHOA, 1550 N. Rent LLC d/b/a Federal Health Bar Reimbursement $14,479.98 $0 Simple'WHOA! Highway, Nutrition Unit 12 Amar Bakery, 1600 N. Rent LLC d/b/a Federal Bakery Reimbursement $71,000 $0 Amar Bakery& Highway, Property Market Unit 14-15 1 mprovement 2626 N. Rent TalentPartners Professional Reimbursement LLC Federal Office Property $33,610.33 $0 Highway I mprovement Business Tax Receipts Issued in July 2022: Business Name Business Address Business Type Zuccala Wrecker Service, 905 N. Railroad Avenue, Unit Wrecker/Towing Service I nc. B Coastal Paradise Realty, 639 E. Ocean Avenue, Unit Real Estate Office LLC 203 Claire's Market and More 812 N. Federal Highway Market LLC FISCAL IMPACT: FY2021-2022 Budget, Project Fund, Line Item 02-58400-444, $556,600 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action needed at this time unless otherwise determined by the Board. i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.13. SUBJECT: Boynton Beach Night Market Recap SUMMARY: EVENT RECAP On Saturday, July 30, 2022, the CRA hosted the Boynton Beach Night Marketevent in Downtown Boynton Beach at the Centennial Park&Amphitheater. Event details are as follows: The free business promotional event featured a variety of food, retail, artisan, and professional service providers who exhibited their goods and services. Event attendees were encouraged to enjoy the festivities, stroll the avenue and green space, and to shop with the participating vendors. In addition to the vendors, this family-friendly event also featured fun games and activities and live music from the Solid Brass Band. In total, fifty-six (56) vendors participated at the event, including the following eleven (11) BBCRA area businesses: • A Cremation Service • Amar Bakery • ArtSea Living Studio & Boutique • Boardwalk Italian Ice & Creamery • Bond Street Ale & Coffee • Just Eatz • Local Services • Remax • Southern Golf Carts • Stoic Financial • Troy's Bar-be-Que Following the event, a survey will be sent to the participating businesses to determine their feedback regarding how participating at the event impacted their business. Results TBA. In an effort to engage the community and obtain demographic information, during the event, patrons will be encouraged to complete a short feedback survey to spin the wheel of luck, which will provide opportunities to win gift certificates to the participating businesses or CRA branded promotional items. Survey results TBA. EVENT MARKETING The Atlantic Current —A full-page ad was published in the Atlantic Current to promote the event. This publication has a younger demographic, with 70% of their readers being between the ages of 21 and 44, and 42% between the ages of 21 and 34. The Atlantic Current is a bi-monthly publication that is distributed to over 100 locations throughout Palm Beach and Broward county (see Exhibit A). Cost: $800 Coastal Star — A quarter-page ad was published in the Coastal Star to promote the event. The Coastal Star newspaper serves the eastern community of Hypoluxo Island, South Palm Beach, Manalapan, Ocean Ridge, Briny Breezes, Gulf Stream and coastal Delray which reaches out to that specific demographic (see Exhibit B). Cost: $525 Gateway Gazette —A full-page ad was published in the Gateway Gazette to promote the event. The Gateway Gazette is a community publication that shares comprehensive neighborhood news, related to city government, business and real estate, sports, and events (see Exhibit C). Cost: $452 Neighborhood News — A full-page ad was featured in the Neighborhood News to promote the event. The Neighborhood News publication is a great way to reach out to the western Boynton Beach communities. The publication is mailed to 17,500 homes/clubhouses, with over 10,000 additional subscribers that read the digital edition online and on Facebook (see Exhibit D) Cost: $450 Posters — A promotional poster for the event was created and distributed to various locations throughout Boynton Beach, including City of Boynton Beach facilities and local businesses (see Exhibit E). Cost: $77 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: $1,000 Street Signs — Seven (7) custom street signs were designed and installed at various locations throughout Boynton Beach to promote the event (see Exhibit G). Cost: $1,195 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 Promotional Flyer — A promotional flyer targeting families was created and distributed at the following locations: City of Boynton Beach summer camps at Hester Center and Sims Center, Cultural Center, City Hall lobby, Library, and the Schoolhouse Children's Museum (see Exhibit J). Cost: $0 FISCAL IMPACT: FY 2021-2022 Budget, Project Fund, Line Item 02-58500-480 $35,000 for the event and $4,499 for marketing. CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required from the CRA Board at this time. i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.C. SUBJECT: Social Media& Print Marketing Update SUMMARY: Throughout the months of July, the BBCRA social media platforms were utilized to provide updates about various initiatives and occurrences within the BBCRA area, including the promotion of the Boynton Beach Night Market, a construction update for the Heart of Boynton Village Apartments project, and the FDOT public meeting to discuss improvements along Boynton Beach Boulevard between NW 31d Street and Federal Highway. 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. Some of the businesses featured in July were Bond Street Market, Simple WHOA Nutrition, Sir Cutz Barbershop, and Banana Boat. The BBCRA also published a variety of print marketing to promote the Boynton Beach Night Market event, as well as the commercial marine charters that operate out of the Boynton Harbor Marina. Ads were published in the following publications: The Atlantic Current, The Coastal Star, Coastal Angler, Neighborhood News, and Gateway Gazette. See Attachment I for examples of the social media and print ads that were published in July 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 -$225 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 -July Social Media & Print Marketing Overview D Attachment II -July Facebook Posts w Q D d ZD 0 Z H W IseryQ 06 Q D w 7�; J Q U 0 t s O G LU z cn 1 Q W J ff E a6 � fo pqa 17h � q t l u 81 cnW z cn LTJ > gat a I fr 4" "J, ;>a y C 7 r t�j s tf tT•.:te 4l'u'��^��\hill tt\§inittV\i IU1 f�/rRY;fitkt, �A� �" G N } et m u e- °* A 9 i `aly �r W 10 �3Qq� a tIM1 ,. b 10 O 1 ) t., LU y t 3 C $y tii f r r, YB r x�y Vlti :�. d IXa s�J k =_r i' fi 4ir t re el n 4 ii LU LU a LU 'k-". t It t (\ \ F vti a t J= s tie 1 >c si i 11" 1 SII S(J- t �}J �; '�k iit Jtlk��+�� � � i)���J1k � ��Skttf� � fJ t � lip i 1J tJ{:t ) t�J ..... W'. . (, aOC3- LLJC=CV3 � LLLJJC3- LJ-J w LUJLJ CLOO o = .Q , , ClOC.0 W � Z z CM �tQ N C1 W C-3 LLj D Q 0 LIJ d 0 LU Lu v CDH 0 co C �® W 0 LU ca .L] 0 CO Mi Q Z r�� 2 i �4 ■I yy ii „i Itrl'{;LUi Ct . s t� i. 4 i-. .j m ra rMQ ui0 p L CL u s� ZT LU co 5- JULY FACEBOOK POSTS Whors ready forthe B mon Eew.h Night Madket this Saturday at 120 E Ocean 572 83 Spke up your Sunday at Gu&.,a of 398 is Now Business Mort!Simple'WHOA r0unnlion open at 1550 N Federal Hwy They offer av-a6ety 0 healthy snrjoftes„ 1737 166 energIzing leas,and a selecnion of protein watfies&donutst Vi-,. The Bcyntof,Beach Night Market is coming soon!Light up the "wight on JuiyY10 from 6-1 GPM in Nmarown S<,ynton Beach 9671 I53.1 S20 ECcean Ave.)Thus event will feature We musir from Solid— U . ,.-I Neva Business Alert!Bond Street Market is,now open at 308 N. Federal Hvyj This is the firstresmi-antin a,rnulti-faccted market 7528 1431 com4ng to Boynton Beach.Stop in for b-feakilast lurch or dinnee! Aonq Bovnzon Beach Blvd,from NW Std Street to Federal Hwy. 855 42 Thr vert uaI publk meetwill We peace ora 7r26as 5309144an... 0 BeaffheHeatl and start yt„km r Monday with an scW toffee from Coin mn Gmwnds Brpw Si Roastefy 543 13 Two Gecjrges'*terftora Grille Is one the best places In &oymon;Seacb,to watch the sunset.Book your resev'raiion 1018 84 todayr Freshen up",,,j r,umw*r style at Studio-Glo @ocated at 413 S Federal HW In Boynton Fpach. 692 26 41 TG 1:F Grab your fne nds and visit Banana Boat to,cjAebrrate Vs-- s,iart of The weekend! 1152 94 Visit 5 9-1 Ocewn Cafe trom-frow to u stomize YQA�yr own 7-Shirt, 529 29 In need of a Jocksmhh?CsH CK's Lockshop&&:N mon,Beach w ,I Locksmith Sincr-1960 and 168 5 -'S Pri TakealW ��k at BadarnI&116m*Steak's Burger:10 oz,18., rr* short rib-&brisket blend,prosc:,Iunc,di Panna,au jgWa- 4,66 37 Buffalo rnomrMta,lbadO From,shoe"ringnm wn,scrved.,., JULY FACEBOOK POSTS The&oynton beach Night Mairket is now accepting vendor applications!Visit the 68CRA,wwelssite for more inforr tior n 14116 148 w to apply' rtes`snau.lrntrkh r .errtdlsiss-... oyntorre Bean rte,updated therr,rowr photo. 4 lg 3 Pamper youaself at Ferner Spa&fails at UO E Ocean Aive in Dowwwrtown Boynton Seachl 723 26 lath,G,ro4upe"stasarn is here'Book a trip with Splas'hd%w r Giver's at td lyroytntorn Harbor Marina to see those rwagrnlfrcernt 250 14 giants up-dose! #`taste y:ou ever uw°anitecl no fly?New you can with Fly&#log Fkness in Downtown Boymoh Beach!nAsut their location at L L 516 16 Ocean Ave, New Business Name Sir Cutz Baribmiwshop is novr espeo at 55 r Wyoolbrighl Road in Boynton Oe h!lfi5n thenen Iondaly to 2071 197 ;S,j-n,por1Lc,clvEusiness at Keep your ride lookie Fresh as M,am Street Car Wash and w tSuIEtLocal +slrsp 226 Its 171ran,lonrrstronTues ,€M,,tln Luther King,,Blvd is s , trarisforining lbefofeoufeyesTakea Wk at true Heartof Heart, 1426 62 Boynton Village Aptawtments construction bore and now Please be advised that the Boynton Beadn Cromnrurnnty, - pwedlewwefosompe nt Agency(CRA veil Told its rnenthly Board 291 7 Meetinnrgrz in C innbers at City HSI qty:6,heart Aavern The a wary happy anditafe Independence Cyan? Please he aware ower des are closed in observance of the 646 31 ,soli,day,VOe will reopen fow rnor rural tsusmess hours torr rtow. Spend"g s,-holiday wweeaernd out onvba on , vwater li Be sure to , stop Isythe BoyntonHarbor Mahna,for all ycwmtarn rl ds� 625 14 They offer walviect marine fuel arnd a fully-stocked ship store fw.. Nothing says sumpwi,like ke crearrtl snsit The Boardwalk Italian Ice&Crearneryr.Boynton Beach.€L:hit.dth of,July weekend, 807 3 i. � 'N rON COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: August 9, 2022 CRA PROJECTS IN PROGRESS AGENDAITEM: 14.D. 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 July 12th CRA Board meeting, the following progress has been made (see Attachment I V). East Building The third floor is constructed, concrete block has been installed and structural columns are being formed. The electrical, water and sewer has been trenched and stubbed up for future connection. West Building The site has been cleared, concrete footers have been poured and block is being installed up to grade. The electrical, water and sewer has been trenched and stubbed up for future connection. The contractor is working around the existing utilities to be relocated by Comcast. North Building The second floor is constructed, concrete block is being installed and structural columns are being formed for concrete. The electrical, water and sewer has been trenched and stubbed up for future connection. The CRA staff is continuing to coordinate with Centennial Management Corporation on leasing the commercial spaces. 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. 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J' ,.• ' � 19l t �1 I I s J i by �} 3��vllll 11 t s I ?u t rttsS - ., - {} _ �' s ���yfl�,3's(����Y�'•,���rt�1Y SAY f � 11 1 _ _ - �����34tY31£st l�tUf s i 11 543 f S sl r t i --- --_ �y'�1 t1 tits{{} sq aSi' 1 Si r f� f ® � - - - ' � 54��l�fYs{7t At�r f r � 41 f t.-- �� )Yf�Sf�lA ss itil�Sf'�f �s IGk frit mmo 0isV ,i ,5 ti { i r tViti t3 r 61 ' V .i +� + �NA 4 f x o t e r,, �'� it+Nis, 4-4 mmo t, esu r fl s o a , r r� y� i �f 4 nt ri �jrl r d - 1� r: rtti ly£ttrf t�#�r aye ylr �)�ty} rr ` t ---- , i" ; l �rs t »= _ y � g sy l' yl y — o 1 IN Is IN 0 4-4 mmo .; l2 £c�li ils`",\: y�i�l� -- - — t #r tiyliyr}}h21� y ill li trF � � y}� r! ; 't s+I'li",£ st `ylrl i ""'N" !}(yt1 t{rf Vl yIt} ilylt)ryth t rt t , irry j+}tt�lttlli y Vii£} rl � tl11 yt i y ty r ,� r r { — r — y 1 a 1 YP mmo I ' � GG ,ry t �+sfa MINE mmo m MMMMB= .C: - �1`};�`�31i}s -- t� - �� I' :III ' r z S �sr14 k "} 9 - p t! l4 �1 i r f' U £ CRA FUNDING/USES FY22/23 Tax Increment Revenue (increased in future years by estimated TIR from Ocean One) 18,959,450 Boynton Harbor Marina Fuel Dock & Slips Revenue 1,100,000 Fund Balance Surplus - Total Revenue 20,059,450 Debt & Operating Expenses Debt Service 2,135,830 Operating Expenses 3,610,701 Marina 1,100,000 Sub-Total Debt & Operating Expenses 6,846,531 Tax Increment Revenue Funding Agreement (TIRFA) Payments - Contractual Obligations Seabourn Cove-Phase 1 (50% - 10 Years) Year 10 466,528 Seabourn Cove-Phase 11 (50% - 10 Years) Year 9 227,351 Preserve (75% Yrs 1-5; 25% Yrs 6-10) Year 8► 32,983 500 Ocean (75% Yrs 1-4; 50% Yrs 5-7; 25% Yrs 8-10) Year 4 578,087 Valley Bank - Mortgage for Oyer Property Year 1 2,550,000 Ocean One - Phase One (75% Yrs 1-7; 50% Yr. 8) Ocean One - Phase Two (75% Yrs 1-7; 50% Yr. 8) Townsquare Funding (until FY 2044-2045) Year 4 3,550,000 Sub-Total TIRFA Payments 7,404,949 Remaining Project Fund Budget for Allocation (Revenue - Debt Service,Operating & TIRFA) 5,807,970 Total CRA contribution to Town Square over 20 years = $83,850,000 NOTE: Database from Property Appraiser received on 6/30/2022 BBCRA FISCAL YEAR 2022-2023 PROJECT FUND WORKSHEET Allocation Amount $ 5,807,970 Estimated CRA Plan District Projects: FY 2022-2023 FY 21/22 Rollover Project Fund Line Item Balances as of CRA Board Proposed Allocation Total 8/3/2022 FY 22/23 (including any Rollover Project Fund Allocations as of 8/3/2022 ) Heart of Boynton MLK Jr. Blvd. Corridor Redevelopment Projects (includes $25k for NOP Office) $ 2,025,815 $ - $ 2,025,815 MLK Jr. Blvd. Corridor(Centennial Project)- Local Government Match (Purchase Order Heart of Boynton issued) $ - $ - $ - Cottage District Workforce Housing Infill Redevelopment Project -budgeted but can Heart of Boynton change pending agreement with Pulte $ 385,825 $ - $ 385,825 Heart of Boynton Acquisition of 1213 NW 4th Street- Cherry Hill $ - $ 410,000 $ 410,000 Heart of Boynton Future Grocery Store in District 2 $ - $ - $ - BB Boulevard Streetscape Improvement Project Boynton Beach Blvd (Total needed $1.5 million by FY 23/24) $ 1,090,580 $ 409,420 $ 1,500,000 Boynton Beach Blvd Acquisition of 217 N. Seacrest Blvd. -Closing February 2023 $ - $ 770,000 $ 770,000 Federal Highway Historic Woman's Club of BB, ongoing Renovations (ILA with City) $ - $ 250,000 $ 250,000 District Wide Property Acquisition $ 1,813,043 $ 1,000,000 $ 2,813,043 Neighborhood Officer Program (NOPs) 5th year of program - TEMPORARILY District Wide USPENDED $ 160,000 $ 337,646 $ 497,646 District Wide Marina Seawall $ - $ 500,000 $ 500,000 District Wide Commercial Economic Redevelopment Grants* ($375,000 for 7 bays on MLK) $ - $ 600,000 $ 600,000 District Wide Commercial Exterior Improvements $ - $ 500,000 $ 500,000 District Wide Business Promotions & Events Assistance Project $ 150,000 $ 291,000 $ 441,000 District Wide Business Promotional Marketing $ 47,000 $ 98,000 $ 145,000 District Wide Site Work, Demolition & Environmental $ 165,499 $ 125,000 $ 290,499 District Wide Professional Development Services (Arch/Eng,Appraisals/Feasibility,etc.)** $ 190,000 $ 100,000 $ 290,000 District Wide Development Project Related Legal Services*** $ - $ 175,000 $ 175,000 District Wide Contingency $ 100,000 $ 50,000 $ 150,000 $ 6,080,828 $ 5,616,066 $ 11,743,828 ALLOCATION BALANCE REMAINING $ 191,904 *Economic Development rollover amount subject to change pending grant closeouts **Professional Services,Legal and Economic Development rollover numbers are subject to change ***Development Project Related Legal Services rollover subject to change pending end of year invoices BOYNTON BEACH CRA FY 2022-2023 BUSINESS PROMOTIONS & EVENTS BUDGET -02-58500-480 2022/2023 EVENTS DATE BUDGET ADDITIONAL COMMENTS ROCK THE MARINA&FISHING The date for this event is subject to change if the EXTRAVAGANZA Saturday,October 22,2022 $40,000 2022 Pirate Fest event is budgeted. 735 Casa Loma Boulevard Event Marketing $8,000 Total Rock the Marina&Lionfish Derby $48,000 ROCKIN'AROUND THE BLOCK-HOLIDAY MARKET&LIGHTING Saturday,December 3,2022 $50,000 E.Ocean Avenue between Federal Event Marketing $8,000 Highway and NE 3rd Street Total Light Up the Park&Winter Market $58,000 HOLIDAY BOAT PARADE Friday,December 9,2022 $14,000 735 Casa Loma Boulevard Event Marketing $4,000 Total Holiday Boat Parade $18,000 ROCK THE PLAZA Ocean Plaza Saturday,January 28,2023 $12,000 One Boynton Day of week could change depending on input from Thursday,February 23,2023 $12,000 plaza and businesses. Heart of Boynton Village Saturday,April 29.2023 $12,000 Event Marketing $12,000. Total Rock the Plaza $48,000', BLARNEY BASH or ROCK THE BLOCK This event will be marketed as either Blarney Bash Saturday,March 11,2023 $40,000 or Rock the Block. E.Ocean Avenue between Federal Event Marketing $8,000 Highway and NE 3rd Street Total Blarney Bash $48,000 BOYNTON BEACH ART WALK Saturday,May 20,2023 $15,000 410 W.Industrial Avenue $4,000 Total Boynton Beach Art Walk $19,000 BOYNTON BEACH NIGHT MARKET Saturday,July 29.2023 $40,000 120 E.Ocean Avenue Event Marketing $8,000 Total Boynton Beach Night Market $48,000 BOYNTON BEACH ART WALK Saturday,September 16,2023 $15,000 410 W.Industrial Avenue $4,000 Total Boynton Beach Art Walk $19,000 PIRATE FEST MARKETING&BUSINESS PROMOTIONAL SUPPORT Date TBD $50,000 Downtown District Event Marketing $35,000 Total Boynton Beach Night Market $85,000 EQUIPMENT&SUPPORT I $35,000 CEREMONIAL EVENTS ] I $15,000 Sub-Total Events $350,000 Sub-Total Events Marketing $91,000 TOTAL COST OF EVENTS► $441,000 BOYNTON BEACH CRA FY 2022-2023 MARKETING PROGRAM -02-58400-445 2022/2023 EVENTS DATE BUDGET ADDITIONAL COMMENTS BOYNTON BEACH BUCKS Budget is based off of continuing to mange this program in-house and adding a postal A business promotional program to provide economic and digital aspect.Funds would be used for support to local businesses through targeted actual reimbursement to businesses,paid campaigns that will be promoted both digitally and in- digital/print ads,postage,supplies,and person at events. printing.If we were to go with. Total Boynton Beach Bucks $45,000 PROMOTIONAL VIDEOS Videos to promote various BBCRA projects and initiatives-Boynton Beach Bucks,Plaza Spotlights, Budget would include the costs of Bon Appetit Boynton Beach,Business Development videography,actors.industry experts(if Videos,Tutorial Videos for Economic Development needed),supplies/materials,and purchases Toolkit .from businesses as needed. Total Promotional Video Ad Campaign $40,000 BUSINESS DEVELOPMENT WORKSHOPS Various business development workshops to cover various topics,such as:Strategic planning,Growth& Expansion,Business Plan Overview,Finance& Accounting,Marketing Strategy,Operations Management,Diversity&Inclusion,Interpersonal Skills for Success,Grant Writing-Minority&Female Owned Businesses,Local Resources,Time&Stress Management,Leadership&Hiring Total Restaurant Month $50,000 RESTAURANT MONTH-BON APPETIT Print&Digital Marketing Campaign to promote various Budget would include marketing costs,and BOYNTON BEACH restaurants&eateries during a designated month various elements for the micro activations, through both digital and print marketing,micro such as:live entertainment,activities, activations. games.etc. Total Restaurant Month $10,000 TOTAL COST OF MARKETING ► $135,000 , Cafe Barista, Inc. (d/b/aHurricane Alley Raw Bar and Restaurant) Rent Details with 500 Ocean Properties, LLC (assigned to BBCRA) August 9, 2022 CRA Board Meeting, Agenda Item 12.0 Years 1-3 of 5 years (2017/2018, Year 4 of 5 Year 5 of 5 2018/2019, (2020/2021) (2021/2022) 2019/2020) Rent(5%increase after Year 3) $ 5,875.00 $ 6,168.75 $ 6,477.19 Restaurant Base Rent $ 4,500.00 Alcohol License $ 1,000.00 Upstairs Office $ 375.00 6.5% rental sales taxes(5.5% FL, 1% PBC) $ 421.02 Trash (1/3 minus recycling) $ 399.50 Total $ 7,297.71 Utterback, Theresa From: Christian Macoviak <cmacoviak@oyerinsurance.com> Sent: Thursday, December 16, 2021 7:48 PM To: Utterback, Theresa Cc: Shutt, Thuy; Tack,Timothy;Jessica Bollman (jbollman@Ilw-law.com); Hill, Vicki;Jenkins, Jobara; Kenneth Dodge Subject: RE: Rent Breakdowns Follow Up Flag: Follow up Flag Status: Flagged Good evening, There is no great equation for the trash. When we first took over and we came to the first extension for Kim,we asked that she pay 1/3 of the trash minus the recycling that we pay for. Over the years,we have never changed the amount for her even though cost has changed in billing. Do you have time on Tuesday morning? You are very welcome. I am happy to help you out in any way that I can. Always feel free to reach out. Have a wonderful evening. Mrs. Christian Macoviak,Vice-President Oyer, Macoviak and Associates Phone 561-732-9305 ext. 6206 Toll Free 800-397-8780 Direct Line (Text) 561-910-6206 Fax Line 561-364-9848 Email:cmacoviak@overinsurance.com Website:www.overinsurance.com From: Utterback, Theresa<UtterbackT@bbfl.us> Sent:Thursday, December 16, 2021 4:53 PM To:Christian Macoviak<cmacoviak@oyerinsurance.com> Cc:Shutt,Thuy<ShuttT@bbfl.us>;Tack,Timothy<TackT@bbfl.us>;Jessica Bollman(jbollman@Ilw-law.com) <jbollman@llw-law.com>; Hill,Vicki<HilIV@bbfl.us>;Jenkins,Jobara<JenkinsJ@bbfl.us>; Kenneth Dodge<kdodge@llw- law.com> Subject: RE: Rent Breakdowns Hi Christian, Thank you, I see my adding was off on your rent, so I am all clear there. How is the$399.50 calculated for Hurricane Alley's trash? FL Tech's Lease is attached and it has$1,340 so I think that is what the CRA will be charging. Freddie Brinley's Lease is attached and it has$1,030 so I think that is what the CRA will be charging. I am free next week except for Monday. What day/time is good for you? Thuy and our finance director may come with me. 1 I can't thank you enough for all your help! It made it so much easier! Theresa Theresa Utterback Development Services Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. I Boynton Beach, Florida 33435 t 561-600-9094 1561-737-3258 UtterbackT@bbfl.us I ® http://www.boyntonbeachcra.com 17:1 111 Lig 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: Christian Macoviak<cmacoviak@overinsurance.com> Sent:Thursday, December 16, 2021 4:14 PM To: Utterback,Theresa <UtterbackT@bbfl.us>; Kenneth Dodge<kdodge@llw-law.com> Cc:Shutt,Thuy<ShuttT@bbfl.us>;Tack,Timothy<TackT@bbfl.us>;Jessica Bollman (jbollman@Ilw-law.com) <jbollman@llw-law.com>; Hill,Vicki<HilIV@bbfl.us>;Jenkins,Jobara<lenkinsJ@bbfl.us> Subject: RE: Rent Breakdowns If I do not explain well we can go over when you come in. Hurricane Alley—Increased this year: Base rent prior to this year's increase was$6168.75 (includes the restaurant rent, alcohol and upstairs office). I took this amount and increased by 5%which comes out to$308.44. Adding those together you get$6477.19. There is then 6.5%rental sales taxes(5.5%2021 Florida Sales Taxes and 1%Palm Beach County tax)and the tax equals to$421.02. Total comes to$6898.21 and then trash of$399.50 is added in. Total of $7297.71. Agency-3% Increase for the 2021-2022 term over prior rent base gives a total for this year of$4667.96 plus rental sales tax of 6.5%and the tax equals$303.42. Total monthly rent is$4971.38. Fl Tech is$1300. 2 , Scott Rudderow has not paid rent for this month, it was due in yesterday. If he brings in, do you need me to cash since it is included in the closing figures or do you need me to have him write it over to you? Let me know when you would like to meet up. Christian From: Utterback,Theresa <UtterbackT@bbfl.us> Sent:Thursday, December 16, 2021 3:49 PM To:Christian Macoviak<cmacoviak@overinsurance.com>; Kenneth Dodge<kdodge@llw-law.com> Cc:Shutt,Thuy<ShuttT@bbfl.us>;Tack,Timothy<TackT@bbfl.us>;Jessica Bollman (jbollman@Ilw-law.com) <ibollman@Ilw-law.com>; Hill,Vicki<HilIV@bbfl.us>;Jenkins,Jobara<JenkinsJ@bbfLus> Subject: Rent Breakdowns Hello Christian, I wanted to go over the rents below and confirm the breakdowns. Especially Hurricane Alley. I want to be sure I understand the leases and our numbers match on rent collection. Hurricane Alley: • $4,500—Base Rent • $1,000—Alcohol License • $375—Office Rent $5,875—155 3 yrs of the Lease Amendment 2017/2018, 2018/2019 &2019/2020 $293.75—increase in 2020/2021 (5%) $6,168.75 Sept. 2020-2021 monthly rent $308.44—increase 2021-2022 (5%) $6,477.19 Sept. 2021-2022 monthly rent—%:of the rent is due on the 15t of the month and Y2 of the rent is due on the 15th of each month $ (7%)sales tax on the rent $ plus 1/3 of the garbage/recycling dumpster fees and taxes—can you please confirm this amount and how you calculate it. I assume it's from the attached water bill for 515 E. Ocean Avenue (attached)? In addition, Hurricane Alley pays 1/2 of the property taxes and assessments in November? Over, Macoviak: • $4,400—Rent 2019/2020 $132—increase 2020/2021 (3%) $4,532—Rent 2020/2021 $135.96—increase 2021/2022 (3%) • $4,667.96—Rent 2021-2022 (this is the current rent due) $ (7%)sales tax on the rent FL Tech $1,340 per month (not$1,300) Kala Marketing—No questions Freddie Brinlev$1,030 per month (not$1,000) Scott Rudderow— No questions We can always go over all this when we sit down to exchange the keys. Thank you, Theresa 3 • Theresa Utterback Development Services Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. I Boynton Beach, Florida 33435 f. 561-600-9094 I iB 561-737-3258 UtterbackT@bbfl.us http://www.boyntonbeachcra.com 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: Christian Macoviak<cmacoviakc overinsurance.com> Sent: Friday, December 10, 2021 9:46 AM To: Kenneth Dodge<kdodgePllw-law.com>;Shutt,Thuy<ShuttTftbbfl.us>; Utterback,Theresa<UtterbackTPbbfI.us> Subject: Rents Hurricane Alley—Due 15t of the month -$7297.71 paid Agency—Due 15th of the month-$4971.38 paid Kala Marketing—Due 1st of month -$1030.00 paid Fl Tech—Due 15th of month-$1300.00 not yet received Scott Rudderow—Due 15th of moth-$745.00 not yet received Freddie Brinley-Due 1st of month-$1000.00 received, not yet deposited I hope this is what you needed. I do have a couple of questions. First, the agency needs to know whom to make checks payable to for the rent starting next month and what address it should be mailed to. Secondly, it is absolutely none of my business, but I know that both Scott and Freddie's leases are up in January. If you are not going to renew them even for a short term,can I give Freddie back his check and tell Scott not to pay so that could be their last month's rent? These guys are very nice but do not have a lot and if they have to move right away, they will need these funds and they would be due to them. Just let me know. Christian 4 LEASE AMENDMENT THIS LEASE AMENDMENT("Amendment") is entered into effective as of the 1" day of September 2017 ("Effective Date") between 500 OCEAN PROPERTIES, LLC, a Florida limited liability company ("Lessor"), having an address of 511 East Ocean Avenue, Boynton Beach, Florida 33435, and CAFE BARISTA, INC., a Florida corporation, d/b/a Hurricane Alley Raw Bar & Restaurant ("Lessee"), whose address is 529 East Ocean Avenue,Boynton Beach,Florida 33435. RECITALS: WHEREAS, Harvey E. Oyer, Jr., as lessor, and Lessee entered into that certain Business Lease ("Lease"), dated October 2, 2007, for ground floor retail space located at 527, 529, and 531 East Ocean Avenue,Boynton Beach,Florida to be used exclusively as a restaurant("Leased Premises");and WHEREAS, Harvey E. Oyer, Jr. died on December 18, 2010 and Lessor became the owner and landlord of the Leased Premises;and WHEREAS, Lessor and Lessee entered into that certain Lease Amendment dated effective January 1, 2011 which, among other changes, granted Lessee the right to make specific alterations to the Leased Premises, obtain an alcoholic beverage license, install signage,and extend the term of the Lease;and WHEREAS, Lessor and Lessee entered into that certain Lease Amendment dated July 2011 which granted Lessee a license for use of a portion of the sidewalk;and WHEREAS, Lessor and Lessee entered into that certain Lease Amendment dated September 1, 2014 which added 533 East Ocean Avenue, Office 4 to the Leased Premises;and WHEREAS, Lessor and Lessee mutually desire to further amend the Lease in accordance with the terms and conditions contained herein. NOW, THEREFORE, in consideration of the above recitals, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which both parties hereto acknowledge, Lessor and Lessee hereby agree as follows: AGREEMENT: 1. RECITALS. The above Recitals are true and correct and are incorporated herein by this reference. 2. OTHER LEASE PROVISIONS. Unless specifically amended by this Amendment,all other terms and conditions of the Lease,as previously amended,remain unchanged and in full force and effect. 3. EXTENSION OF TERM AND RENT. Lessor and Lessee mutually desire to extend the term of the Lease for an additional five(5)years after the expiration of the existing term of the Lease on August 31,2017. Lessor and Lessee hereby agree that the Lease term is hereby extended an additional five(5)years and shall expire on August 31, 2022. For the first three(3)years of the extended term of the Lease,the Rent(defined below)shall remain the same as it is on the Effective Date hereof. For year four(4)of the extended term of the Lease,the Rent shall increase 5%. For year five(5)of the extended tam of the Lease,the Rent shall increase an additional 5%. The Rent shall be $5,875 per month,which includes$4,500 of base rent for the restaurant,$1,000 for the Alcohol License,and$375 for the upstairs Office 4. Lessee shall pay the Rent,plus all applicable sales taxes,to Lessor each month,without demand,at Lessor's office. At Lessee's request,Lessor hereby authorizes and permits Lessee to divide the monthly Rent payments so that one-half of the monthly Rent shall be paid by Lessee to Lessor on the 11' day of each month during the extended term hereof and the remaining one-half of the Rent shall be paid by Lessee to Lessor on the 15*day of each month during the extended term hereof. In addition to the Rent,Lessee shall pay to Lessor one-half of the property taxes and assessments for the building within thirty(30)days after Lessor provides Lessee with a copy of the annual property tax bill,usually early November of each year. In addition to the Rent,Lessee shall also pay to Lessor each month one-third of the garbage and recycling dumpster fees and taxes. 4. RIGHT OF FIRST REFUSAL. Prior to or upon the expiration of the extended term of the Lease provided for herein,Lessee shall have a right of first refusal to match the terms and conditions of any lease for the Leased Premises that Lessor obtains from a third party potential lessee. After presentation by Lessor to Lessee of the terms and conditions of any third party potential lease,Lessee shall have ten(10)days in which notify Lessor of its intention to exercise the right of first refusal and match the same terms and conditions. Should Lessee fail to agree to match the same terms and conditions within said ten(10)period,Lessee's right of first refusal shall be waived and Lessor may proceed to lease the Leased Premises to the third party. Should Lessee exercise its right of first refusal within said ten(10)days,Lessor and Lessee shall enter into a new or amended lease agreement for the Leased Premises on such terms and conditions contained in the right of first refusal notice. [Signature page follows] IN WITNESS WHEREOF,the Lessor and Lessee have executed this Amendment effective as of the day and year first above written. 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