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Agenda 06-06-23
The City of Boynton Beach City Commission Agenda Tuesday, June 6, 2023, 6:00 PM City Hall Commission Chambers 100 E. Ocean Avenue Boynton Beach City Commission Ty Penserga, Mayor (At Large) Thomas Turkin, Vice Mayor (District III) Angela Cruz, Commissioner (District 1) Woodrow L Hay, Commissioner (District 11) Aimee Kelley, Commissioner (District IV) Daniel Dugger, City Manager Michael Cirullo, City Attorney Maylee De Jesus, City Clerk City Commission Meeting 6:00 PM *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org 1 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disrupts the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City 2 Commission Meeting is in session. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Maylee De Jesus, City Clerk at cityclerk@bbfl.us or (561) 742-6061. 1. Openings A. Call to Order - Mayor Ty Penserga Roll Call Invocation by Pastor Amanda Martell, Journey Church. Pledge of Allegiance to the Flag led by Commissioner Hay. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other Information Items by members of the City Commission. 3. Announcements, Community and Special Events And Presentations A. Announcement- Juneteenth Celebration. Juneteenth "Celebration of Freedom" Festival, hosted by the City of Boynton Beach will be held on Monday, June 19th, from 12 pm - 5 pm at Sara Sims Park located at 209 NE 9th Avenue. This free, family friendly event will include music, food trucks, vendors, Kids Zone, and Live Performances by the J Sharp Band and Valerie Tyson Band. The Juneteenth Committee is hosting the "Who's Bad" Bar B Que Cookoff Contest to determine the best griller in the City. For more information to be a vendor or event sponsor visit the website boynton-beach.org/juneteenth. B. Presentation of the "Bob Borovy Student Citizen of the Year" award by the Education 3 & Youth Advisory Board. The Bob Borovy Student Citizen of the Year Award was created in the year 2000, to recognize a graduating high school senior from Boynton Beach who best epitomizes the spirit of volunteerism and giving back to the community as exemplified by the late Bob Borovy, a United States Veteran and former advisory board member who was an active citizen in Boynton Beach for many years. The student award recipient will receive $1,000 scholarship presented by Members of the Education and Youth Advisory Board. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission). 5. Administrative 6. Consent Agenda A. Proposed Resolution No. R23-067- Interlocal Agreement with School Board of Palm Beach County. Authorize the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and the School Board of Palm Beach County for the mutual use of recreation facilities. B. Proposed Resolution No. R23-068- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program, for Intention Enterprises, LLC. Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,224.00 for Intention Enterprises, LLC C. Proposed Resolution No. R23-069- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program, for Zelta Home Watch, LLC. Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,260.00 for Zelta Home Watch, LLC D. Proposed Resolution No. R23-070- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program, for Margo's Kitchen, LLC. Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for Margo's Kitchen, LLC. E. Piggyback the Brevard County Contract with SP Designs for the purchase of uniforms for the City's general employees. Approve piggyback of the Brevard County Contract B-5-22-25 with SP Design for the purchase of Uniforms for the City's general employees on an as needed basis, 4 with an estimated annual purchase of $95,000. The Brevard County's procurement process satisfies the City's competitive bid requirements. F. Proposed Resolution No. R23-071- Assignment Agreement to change the business name of Granite Inliner, LLC to Inliner Solutions, LLC. Approving and authorizing the City Manager to sign the Assignment Agreement changing the company/firm name from Granite Inliner, LLC to Inliner Solutions, LLC. The Agreement is based on services provided for Request for Qualification RFQ No. UTL22-013 Cured -In -Place Pipe Lining pre -qualified contractors. G. State Forfeiture Donation - Law Enforcement Trust Fund. Approve donation of $20,300 from the State Forfeiture Funds to the following non- profit agencies: Connect to Greatness, Inc. ($3,800) Boynton Beach Bulldogs ($5,000) The Bill Tome Foundation for Kids & Families ($7,500) Boy Scouts of America ($4,000) H. Police Accounts Receivable Write Off Request Authorize the Finance Department to reduce the allowance for uncollectible accounts and the account receivable accounts for the Police Department by $39,386.35. This amount consists of unpaid Police detail charges and other adjustments. The write-off period is defined as FY2018 to FY 2019. Proposed Resolution No. R23-072- Waiver of Right of First Refusal. Approve Waiver of Right of First Refusal for the house belonging to Latoya McCormick located at 220 NE 11th Avenue, Boynton Beach, Florida 33435. J. Proposed Resolution No. R23-073- Amended MOA for Boynton Beach Blvd. Approve and authorize the City Manager to sign the Florida Department of Transportation's Amendment Number One to the Boynton Beach Boulevard's Landscape Memorandum of Agreement. K. Proposed Resolution No. R23-074- Restaurant Concession for the Links at Boynton Beach Authorize the City Manager to sign a five (5) year lease agreement with SW Hospitality Group, LLC. for Restaurant Concession for the Links at Boynton Beach. L. Proposed Resolution No. R23-075- Wireless Leasing and Administration Services. Authorize the City Manager to sign a five (5) year agreement with CityScape Consultants, Inc. for Comprehensive Wireless Leasing Consulting for City -owned wireless facility leases. M. Settlement in the case of Natalie Flake v. City of Boynton Beach. Approved negotiated settlement in the amount of $175,000.00 in the case of Natalie Flake v. City of Boynton Beach N. Legal Invoices April 2023. Information at the request of the City Commission. No action required. 5 O. Commission Meeting Minutes. Approve minutes from the May 2, 2023 and May 16, 2023 City Commission Meetings. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R23-076- Esri Small Government Enterprise Agreement. Approve and authorize the City Manager to sign a new three year Small Government Enterprise License agreement with Environmental Systems Research Institute (Esri) with a total cost of $170,100.00 to continue the use of the Esri's ArcGIS (Geographic Information Systems) software platform. B. Proposed Resolution No. R23-077- Approve Award of Bid No. UTL23-025 for Silverwood Area Wastewater Force Main Installation Approve Award of Bid No. UTL23-025 for Silverwood Area Wastewater Force Main Installation project and authorize the City Manager to sign a contract with and issue a purchase order to the lowest responsive and responsible bidder Southern Underground Industries, Inc. of Pompano Beach, Florida in the amount of $1,660,135.00 plus a 10% contingency of $166,013.50 if needed for staff approved change orders for unforeseen conditions for a total expenditure of $1,826,148.50. C. Increase the estimated annual expenditure of the US Communities Contract # R -TC - 17006 with Amazon Business. Approve an increase to the estimated annual expenditure of the US Communities Contract # R -TC -17006 with Amazon Business in the amount of $90,000, increasing the estimated annual expenditure from $175,000 to $265,000. D. Bid Extensions and Piggy -Backs Over $100,000 Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for June 6, 2023 - "Request for Extensions and/or Piggybacks." 8. Public Hearing 6 P.M. or as soon thereafter as the agenda permits. T he City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 23-009- Second Reading- Towing Services Administrative Charge. Amending Chapter 14 "Motor Vehicles and Traffic" by creation of Section 14-5.1. Title "Towing Services Administrative Charge." B. Proposed Ordinance No. 23-010- Second Reading- Historical Designation of 413 NE 12th Avenue. Approve the request from Dr. Martha Light Meeks, the property owner for the designation of 413 NE 12th Avenue, and the addition of the c.1941 Wood Frame Vernacular, one-story single-family house to the City's Local Registry of Historic Sites. 6 C. Proposed Ordinance No. 23-011- First Reading- Amendments to the Land Development Regulations for car washes and indoor training facilities. Approval to amend the Land Development Regulations, Chapter 1, Article 11. Definitions; Chapter 3, Article IV, Section 3. Use Regulations; and Chapter 4, Article V. Minimum Off -Street Parking Requirements, to modify definitions, use regulations, and parking requirements for car wash uses and to establish indoor athletic instruction/training uses as an accessory use within the REC zoning district (CDRV 23-004). 9. City Manager's Report 10. Unfinished Business 11. New Business A. Proposed Resolution No. R23-078- Purchase Agreement and Donation Letter Between City of Boynton Beach and FDOT for 2191 North Seacrest Boulevard. Declaring the property at 2191 North Seacrest Boulevard as surplus in accordance with Section 2-56, City of Boynton Beach Code of Ordinances; approve and authorize the Mayor to sign a Purchase Agreement and Donation Letter between the City of Boynton Beach and Florida Department of Transportation as sale in lieu of condemnation for the property located at 2191 North Seacrest Boulevard and Temporary Construction Easement. 12. Legal A. Proposed Ordinance No. 23-012 - First Reading - Proposed regulations for Short - Term Rentals Approve modifications to the Code of Ordinances, Chapter 13. Licenses, Article I anc Article V to establish a new Article V. named Rental Housing with a regulatory framework for Short -Term Rentals including an application process, applicable terms and definitions, operational and technical standards and processes, and specific enforcement measures and penalties. Corresponding amendments also include reformatting existing Article V as Article VI, and changes to Chapter 2. Article V of the Code Compliance portion of the Code for appropriate insertions for consistency with and references to the new Short -Term Rental sections. 13. Future Agenda Items A. Advisory Board Annual Reappointments and Appointments.- Tabled from April 4, 2023. -TBD City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. B. Discussion for Ordinance regarding tints for paraphernalia shops. -TBD Discussion requested by Vice Mayor Turkin. C. Discussion regarding future cemetery lots in Boynton Beach. -TBD Discussion requested by Commissioner Hay. 7 D. Discuss and review Advisory Board Ordinance changes- first reading. -TBD Discussion requested by Commissioner Kelley. E. Consider revised local rules for approval. -TBD Discussion requested by Mayor Penserga. F. Discussion regarding downtown parking master plan. -TBD Discussion requested by Mayor Penserga. G. Discussion regarding changing minimum requirements for traffic studies.- TBD Discussion requested by Vice Mayor Turkin. H. Discussion regarding bringing more jobs to the City at former ToysRUS.- TBD Discussion requested by Vice Mayor Turkin. Discussion regarding housing for the homeless in the City.- TBD Discussion requested by Commissioner Hay. J. Discussion regarding Grant Program for HOA's. - TBD Discuss creating a grant program to help HOA's in the City with street calming initiatives. Requested by Commissioner Cruz. 14. Adjournment Notice If a person decides to appeal to any decision made by the City Commission 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact the City Clerk's office, (561) 742-6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity in order for the City to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication of the agenda on the City's web site. Information regarding items added to the agenda after it is published on the City's web site can be obtained from the office of the City Clerk. 0 Announcements, Community and Special Events And Presentations 06/6/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/ 6/2023 Announcement- Juneteenth Celebration. Requested Action by Commission: Juneteenth "Celebration of Freedom" Festival, hosted by the City of Boynton Beach will be held on Monday, June 19th, from 12 pm - 5 pm at Sara Sims Park located at 209 NE 9th Avenue. This free, family friendly event will include music, food trucks, vendors, Kids Zone, and Live Performances by the J Sharp Band and Valerie Tyson Band. The Juneteenth Committee is hosting the "Who's Bad" Bar B Que Cookoff Contest to determine the best griller in the City. For more information to be a vendor or event sponsor visit the website boynton-beach.org/juneteenth. Explanation of Request: Juneteenth "Celebration of Freedom" Festival, hosted by the City of Boynton Beach will be held on Monday, June 19th, from 12 pm - 5 pm at Sara Sims Park located at 209 NE 9th Avenue. How will this affect city programs or services? Support services will be provided by the following Departments: Recreation & Parks, Public Works, Marketing, Events, Boynton Beach Police Department, and Boynton Beach Fire Department. Fiscal Impact: This is a budgeted event. Attachments: Juneteenth Celebration Postcard (7).png 0 M Announcements, Community and Special Events And Presentations 06/6/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/ 6/2023 Presentation of the "Bob Borovy Student Citizen of the Year" award by the Education & Youth Advisory Board. Requested Action by Commission: The Bob Borovy Student Citizen of the Year Award was created in the year 2000, to recognize a graduating high school senior from Boynton Beach who best epitomizes the spirit of volunteerism and giving back to the community as exemplified by the late Bob Borovy, a United States Veteran and former advisory board member who was an active citizen in Boynton Beach for many years. The student award recipient will receive $1,000 scholarship presented by Members of the Education and Youth Advisory Board. Explanation of Request: The Bob Borovy Student Citizen of the Year Award was created in the year 2000, to recognize a graduating high school senior from Boynton Beach who best epitomizes the spirit of volunteerism and giving back to the community as exemplified by the late Bob Borovy, a United States Veteran and former advisory board member who was an active citizen of the community for many years. How will this affect city programs or services? In order to be eligible, applicants must meet the following requirements: Graduating high school senior who resides in Boynton Beach, must submit three letters of recommendation, must complete an essay and provide documentation of their volunteer work. The winner is chosen by a panel of judges, including the previous year award recipient. Fiscal Impact: The scholarship award is sponsored by the Education and Youth Advisory Board and is funded through donations in the advisory board on youth account. 11 Consent Agenda 06/6/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/ 6/2023 Proposed Resolution No. R23-067- Interlocal Agreement with School Board of Palm Beach County. Requested Action by Commission: Authorize the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and the School Board of Palm Beach County for the mutual use of recreation facilities. Explanation of Request: The term of this Interlocal Agreement will be for a period of one year from the date of execution, and shall be automatically renewed for up to four (4) additional one (1) year terms, unless either party provides a written notice of intent to terminate the Agreement. The purpose of the agreement is to enable the School Board and the City to utilize each other's recreational facilities and provide a procedure for authorizing the mutual use, including use by City -affiliated recreation groups and organizations. The City -affiliated recreation groups are as follow: • Boynton Beach Bulldogs Youth Tackle Football & Cheerleading • East Boynton Beach Little League • Running Fire Track Club The City is eligible to request of use of Board Facilities at the following public schools and the schools are eligible to request use of City Facilities pursuant to this Agreement: • Boynton Beach Community High School • Citrus Cove Elementary School • Congress Middle School • Crosspointe Elementary School • Forest Park Elementary School • Freedom Shores Elementary School • Galaxy Elementary School • Poinciana Elementary School • Poinciana Elementary School • Rolling Green Elementary School 12 The School Board and the City agree to make facilities available for use according to Priority Use (as defined in the agreement) at no cost or expense, except as otherwise provided for in the agreement. How will this affect city programs or services? The School Board and the City agree to make recreational facilities available for use according to Priority Use (as defined in the agreement) at no cost or expense, except as otherwise provided for in the agreement. Fiscal Impact: The Interlocal Agreement allows the City and School Board lease of recreational facilities at no cost. Attachments: Resolution approving ILA with PBC for Mutual Use Recreation Facilities 2023 ILA with School Board of Palm Beach County.pdf 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R23-067 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE MUTUAL USE OF RECREATION FACILITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the purpose of the agreement is to enable the School Board and the City to utilize each other's recreational facilities and provide a procedure for authorizing the mutual use, including use by City -affiliated recreation groups and organizations; and WHEREAS, The School Board and the City agree to make recreational facilities available for use according to Priority Use (as defined in the agreement) at no cost or expense, except as otherwise provided for in the agreement; and WHEREAS, the term of this Interlocal Agreement will be for a period of one year from the date of execution, and shall be automatically renewed for up to four (4) additional one (1) year terms, unless either party provides a written notice of intent to terminate the Agreement; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and the School Board of Palm Beach County for the mutual use of recreation facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as S:\CA\RES0\Agreeinents\1LA with PBC for Mutual Use Recreation Facilities - Reso.doex 14 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission of the City of Boynton Beach hereby approves and 33 authorizes the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and 34 the School Board of Palm Beach County for the mutual use of recreation facilities, a copy of said 35 Interlocal Agreement is attached hereto and made a part here as Exhibit "A". 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 6th day of June, 2023. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Aimee Kelley VOTE ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreenlents\ILA with PBC for Mutual Use Recreation Facilities - Reso.doex 15 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE MUTUAL USE OF RECREATIONAL FACILITIES This Interlocal Agreement is made this day of , 2023, between the City of Boynton Beach, a municipal corporation of the State of Florida ("City") and the School Board of Palm Beach County, Florida, a corporate body politic pursuant to the Constitution of the State of Florida ("Board"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as defined therein, to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority that such agencies share in common and which each might exercise separately; and WHEREAS, the City and Board recognize the benefits to be derived by utilizing each other's facilities thereby minimizing the duplication of facilities; and WHEREAS, the City and Board desire the ability to use the facilities of the other. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. 16 2. Purpose. The purpose of this Agreement is to enable the Board and City to utilize each other's recreational facilities and provide a procedure for authorizing the use of the Board's recreational facilities by City -affiliated recreation groups and organizations that have been approved by the parties. 3. Definitions. A. "Board Facilities" and "Board Facility" mean facilities owned or operated by the Board that are made available for public use by the Board and are used primarily for recreational activities, excluding facilities that are leased, licensed or under the contractual control of others. The terms "Board Facilities" and "Board Facility" shall include gymnasiums, playgrounds, swimming pools, tennis, racquetball and basketball courts, athletic fields and tracks. B. "City Facilities" and "City Facility" mean facilities owned or operated by the City that are made available for public use by the City and are used primarily for recreational activities, excluding facilities that are leased, licensed or under the contractual control of others. The terms "City Facilities" and "City Facility" shall include, parks, wrestling rooms, gymnasiums, weight room, pavilions, community centers, playgrounds, swimming pools, tennis, racquetball and basketball courts, and athletic fields and tracks. C. "City Administrator" means the City Administrator of the City of Boynton Beach, Florida. D. "Facility" or "Facilities" means the Board Facilities and City Facilities. E. "Priority of Use" means the priority of uses when there are conflicting requests for the use of a Facility. For Board Facilities, the Priority of Use shall be as follows: 1. Board activities and programs or Board Facility lease agreements; 2. County activities and programs pursuant to the Mutual Use Interlocal Agreement between the Board and Palm Beach County dated October 20, 2015; as extended, amended, restated or replaced from time to time; and 3. City or City Recognized Sports Provider activities and programs pursuant to this Agreement; For City Facilities, the Priority of Use shall be as follows: 1. City or City Recognized Sports Provider activities and programs or City facility rental agreements; 2. Board activities and programs pursuant to this Agreement. E 17 F. "Recognized Sports Provider" means an organized youth recreation program conducted by a non -City organization identified in the attached Exhibit "A", which may be amended or supplemented from time to time upon the mutual written agreement of the Board's Chief Operating Officer and the City Administrator or his or her designee, without formal amendment hereto. To qualify as a Recognized Sports Provider, the organization shall provide the following documents to the Board: 1. Proof of current good standing from the Secretary of State in which the organization is incorporated; and 2. A Certificate of Insurance (COI) evidencing all of the insurance coverages required in Section 5.C.1 of this Agreement. 4. Use of Facilities by the Parties. A. The Board agrees to make the Board Facilities available for use by the City according to the Priority of Use at no cost or expense to the City, except as otherwise provided for in this Agreement. The City's use of the Board Facilities shall be subject to and in accordance with: (i) the terms and conditions of this Agreement, including but not limited to Exhibit "B" which may be amended or supplemented from time to time upon the mutual written agreement of the Board's Chief Operating Officer and the City Administrator or his or her designee without formal amendment hereto; (ii) the Board's rules, regulations and policies governing the use of the Board Facilities; (iii) any grant or bond obligations pertaining to the use of any of the Board Facilities; and (iv) all applicable local, state and federal laws. B. The City agrees to make available the City Facilities for use by the Board according to the Priority of Use at no cost or expense to the Board, except as otherwise provided for in this Agreement. The City is eligible to request use of the Board Facilities at the following public schools pursuant to this Agreement and the following public schools are eligible to request use of City Facilities pursuant to this Agreement: 1 Citrus Cove Elementary School 2 Crosspointe Elementary School 3 Forest Park Elementary School 4 Freedom Shores Elementary School 5 Galaxy Elementary School 6 Poinciana Elementary School 7 Rolling Green Elementary School 8 Congress Middle School 9 Boynton Beach Community High School 3 18 The Board's use of the City Facilities shall be subject to and in accordance with: (i) the terms and conditions of this Agreement; (ii) the City's rules, regulations and policies governing the use of the City's Facilities; (iii) any grant or bond obligations pertaining to the use of any of the City Facilities; and (iv) all applicable local, state and federal laws. C. The City and Board shall each be responsible for paying the actual charges incurred by each of them for necessary Facility staff and utilities if all or a portion of the Facility is scheduled to be closed or not normally staffed during the proposed use. D. The City shall submit all requests for use of the Board Facilities in writing on the form attached hereto as Exhibit "C" to the Principal responsible for the management of the Board Facility or his or her designee no less than thirty (30) days prior to the date that the City desires to use the Board Facility. The Board shall be responsible for ensuring that a written response to the request is provided to the City within fifteen (15) days of the date of the request. In the event a request is denied, the reason for denial shall be stated in the written response. The Board reserves the right to deny use of the Board Facility if that particular Board Facility has been selected to remain closed during the summer. E. The Board shall submit all requests for use of the City Facilities in writing on the form attached hereto as Exhibit "C" to the City Administrator or his or her designee, no less than thirty (30) days prior to the date that the Board desires to use the City Facility. The City shall be responsible for ensuring that a written response to the request is provided to the Board within fifteen (15) days of the date of the request. In the event a request is denied, the reason for denial shall be stated in the written response. F. Notwithstanding the requirements set forth in Paragraphs 4.D. and 4.E. above, in the event that a need to use a Facility arises less than thirty (30) days prior to the date the City or Board Facility is needed, the City or Board, as applicable, will use reasonable efforts to expedite the review of and accommodate such request to the extent practicable under the circumstances. G. The Board and City acknowledge the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledge that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. The Board and City agree to be responsible for all such claims and damages, to the extent and limits provided in Florida Statutes Section 768.28, arising from the actions of their respective employees. The parties acknowledge that the foregoing shall not constitute an agreement by either party to indemnify the other, nor a waiver of sovereign immunity, nor a waiver of any defense the parties may have under such statute, nor as consent to be sued by third parties. H. Without waiving the right to sovereign immunity, the parties acknowledge that they are self-insured for commercial general liability and automobile liability in the amounts specified in Florida Statutes Section 768.28, as may be amended from time to time. In the event either party maintains third -party commercial general liability or business automobile liability insurance in lieu of exclusive reliance on self-insurance, the M 19 party maintaining the third -party insurance shall maintain limits of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury or property damage. The parties agree to maintain or to be self-insured for worker's compensation and employer's liability insurance in accordance with Chapter 440, Florida Statutes, as may be amended from time to time. Each party agrees to provide the other party with an affidavit or certificate of insurance evidencing insurance, self-insurance and/or sovereign immunity status, which the parties agree to recognize as acceptable for the above - referenced coverages. Compliance with the requirements of this paragraph shall not relieve the parties of their liability and obligations under this Agreement. I. Each party agrees to provide adequate supervision of its own activities to prevent bodily harm to the users and damage to the Facilities, taking into consideration the types of activities planned, when using the other's Facilities. When aquatic facilities will be included in the Facilities to be utilized, the party using the Facility shall provide supervisors certified in Lifeguard Training in addition to any other supervision required hereunder. Notwithstanding the foregoing, the party using the City's aquatic facilities shall be required to use the City's lifeguards and will be responsible for the cost of the lifeguards for any use of the facility beyond its normal operating hours. J. In the event the Facilities are damaged, the party using the Facilities of the other party shall promptly notify the other party in writing of the damage and shall reimburse the other party for the actual costs to repair the damage. Reimbursement shall be made within sixty (60) days of a written request for reimbursement of costs. K. The Facilities shall be surrendered by the party using them in the same condition as they were accepted and the party using the Facilities shall cause to be removed from the Facilities all waste, garbage and rubbish resulting from such party's use of the Facilities. L. The Board acknowledges and agrees that the City may charge a fee for: (1) City lifeguards at the Aquatic Center in accordance with Paragraph 4.1.; (2) City staff when City Facilities are closed; (3) City staff for preparation of recreational and athletic Facilities for Board use, if field preparation is requested by the Board; (4) Staff and utilities in accordance with Paragraph 4.C. of this Agreement. M. The City acknowledges and agrees that the Board may charge a fee for: (1) Board staff when Board Facilities are closed; (2) Board staff for preparation of recreational and athletic Facilities for City use, if field preparation is requested by the City; and (3) Staff and utilities in accordance with Paragraph 4.C. of this Agreement. N. The City may use a Board Facility or other Board -owned and controlled facility for a one-time City meeting or annual City -sponsored community event with prior written authorization from the Board's Area Superintendent and the Board's Chief Operating Officer, or designee, provided that the event benefits the community or student population. Such events shall have the same priority as the City's other uses of the Board Facilities set forth in this Agreement. O. The Board may use a City Facility or other City -owned and controlled facility for a one-time Board meeting or annual Board -sponsored community event with prior written authorization from the City's administrator or designee, provided that the event 5 20 benefits the community or student population. Such events shall have the same priority as the Board's other uses of the City Facilities set forth in this Agreement. 5. Use of Board Facilities by City Recognized Sports Providers. A. The Board agrees to make the Board Facilities available for use by the City Recognized Sports Providers according to the Priority of Use, except as otherwise provided for in this Agreement. The City Recognized Sports Provider shall be responsible for payment of any fees set forth in Paragraph 4.M above directly to the Board. Use of the Board Facilities by the City Recognized Sports Providers shall depend on availability and shall be subject to and in accordance with: (i) the terms and conditions of this Agreement including but not limited to Exhibit "B"; (ii) the Board's rules, regulations and policies governing the use of Board Facilities; (iii) any bond or grant obligations pertaining to the use of the Board Facilities; and (iv) all applicable local, state and federal laws. B. The Recognized Sports Provider represents and warrants that it shall be responsible for monitoring and complying with all CDC and OSHA regulations and guidance, and other federal, state and local regulations and guidance for responding to COVID-19 during the event period. This includes, but is not limited to regulations and guidelines related to cleaning and disinfecting during the event, promoting efforts that reduce the spread of COVID-19, providing healthy environments for all persons attending or participating in the event, protecting communal spaces and arranging for food service. The School Board shall not be responsible for any costs associated with the Recognized Sports Provider's duty to comply with COVID-19 regulations and guidelines as mandated by the terms of this Agreement. The School Board shall not be responsible for monitoring or enforcing the Recognized Sports Provider's compliance with CDC and OSHA regulations and guidance, and other federal, state and local regulations and guidance for responding to COVID-19 during the event. The Recognized Sports Provider shall indemnify, defend and hold harmless the School Board for any claims, expenses, liabilities, losses or damages resulting from a failure to comply with CDC and OSHA regulations and guidance, and other federal, state and local regulations and guidance for responding to COVID-19 during the event or as a result of a breach of the terms of this Agreement. C. Prior to being granted access to any of the Board Facilities, each City Recognized Sports Provider shall be required to obtain a Facility Use Permit from the City. The Facility Use Permit shall, at a minimum, require the City Recognized Sports Provider to: have a current executed Recognized Sports Provider Agreement and meet all of its requirements. 1. Provide proof of insurance in the amounts listed below or as required by the Board's Director of Employee Benefits and Risk Management: COMMERCIAL GENERAL LIABILITY: City Recognized Sports Provider shall procure and maintain, for the life of the contract Commercial General Liability Insurance from a carrier that has an A.M. Best rating of A- VIII or better. This policy shall provide coverage for death, bodily injury, personal injury, products and completed operations liability and property damage that could arise directly or indirectly from the use of the Board Facilities. It must be an occurrence form policy. THE SCHOOL BOARD OF PALM BEACH COUNTY, 3300 Forest Hill Blvd, Palm Springs, FL 33406 SHALL BE NAMED 21 AS AN ADDITIONAL INSURED ON THE CERTIFICATE FOR COMMERCIAL GENERAL LIABILITY INSURANCE. The minimum limits of coverage shall be $1,000,000/occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. Required Endorsements: o Additional Insured — CG 20 26 or CG 20 10 and CG 20 37 or their equivalents. Note: CG 20 10 or CG 2026 must be accompanied by CG 20 37 to include products/completed operations. o Waiver of Transfer Rights of Recovery — CG 24 04 or its equivalent. o Primary and noncontributory — CG 20 01 or its equivalent. Note: If blanket endorsements are being submitted, please include the entire endorsement and applicable policy number. WORKERS' COMPENSATION: City Recognized Sports Provider must comply with Section 440, Florida Statutes, Workers' Compensation and Employers' Liability Insurance with minimum statutory limits or elective exemptions as defined in Florida Statute 440 will be considered on a case by case basis. Required Endorsements: o Waiver of Subrogation — WC 00 03 13 or its equivalent (Required if employees provide work in conjunction with the facility use.) BUSINESS AUTOMOBILE LIABILITY: City Recognized Sports Provider shall procure and maintain, for the life of the contract, Business Automobile Liability Insurance. THE SCHOOL BOARD OF PALM BEACH COUNTY, 3300 Forest Hill Blvd, Palm Springs, FL 33406 SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFICATE FOR BUSINESS AUTOMOBILE LIABILITY INSURANCE. The minimum limits of coverage shall be $500,000 Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" form policy. The insurance must be an occurrence form policy. In the event the City Recognized Sports Provider does not own any vehicles, the School District will accept hired and non -owned coverage in the amounts listed above. In addition, the School District will require an affidavit signed by the awarded proposer indicating the following: the event the (Company Name) does not own any vehicles. In company acquires any vehicles throughout the term of the contract, _ (Company Name) agrees to purchase "Any Auto" coverage as of the date of acquisition. h 22 PARTICIPANT ACCIDENT COVERAGE: $25,000 Required if City Recognized Sports Provider utilizes Board facilities for any type of athletic activities. Examples are: team sports like soccer, football, tennis, tournaments, practice, swim and gymnastic meets, dance/cheer competitions, karate, dance recitals, and fitness class. This also includes games, camps or practice. In the event of loss, damage or injury to the City Recognized Sports Provider's property, the City Recognized Sports Provider shall look solely to any insurance in its favor without making any claim against the Board. The City shall require the Recognized Sports Provider to waive any right of subrogation against the Board, for loss, damage or injury within the scope of the City Recognized Sports Provider's insurance, and on behalf of itself and its insurer, waives all such claims against the Board; 2. Protect, defend, reimburse, indemnify and hold the Board, its agents, employees and elected officers harmless from and against all claims, liability, expenses, costs, damages and causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising from or in any way connected to the City Recognized Sports Provider's use of the Board Facilities; 3. Provide adequate supervision of its own activities to prevent bodily harm to the users or damage to the facilities, taking into consideration the types of activities planned; 4. Return the Board Facilities in the same condition as they were accepted and to remove all waste, garbage and rubbish resulting from the City Recognized Sports Provider's use of the Board Facilities; 5. Notify the Board and the City administrator or his designee of any damage to the Board Facilities resulting from the City Recognized Sports Provider's use of the Board Facilities and reimburse the Board for the actual costs to repair the damage; and 6. Notify the Board of any dangerous conditions existing on the Board's Facilities. D. The Facility Use Permit issued by the City shall also indicate that the Facility Use Permit may be revoked or suspended by the City and the Board may deny access to the Board Facilities for failure to comply with the terms and conditions of the Facility Use Permit. E. The City Recognized Sports Providers shall be required to submit all requests for use of the Board Facilities in writing in the form attached hereto as Exhibit "C" to the City Administrator or his or her designee, no less than forty-five (45) days prior to the date the City Recognized Sports Provider desires to use the Board Facility. The City administrator or his designee shall coordinate scheduling of the use of the Board Facility with the Principal responsible for the management of the Board Facility or his or her designee. The Board shall be responsible for ensuring that a written response to the request is provided to the City Administrator or his or her designee within fifteen (15) days of the date of the City Administrator's, or his or her designee's request. In the event a request is denied, the reason for denial shall be stated in the written response. 23 F. Notwithstanding any provision of this Agreement to the contrary, the Board shall not be obligated to make the Board Facilities available for use for summer camps, tournaments, travel team practices or games or any events where admission, vendor fees and or charges will be collected or imposed by the City or City Recognized Sports Provider. These events shall require the parties to enter into a lease for use of the Board Facility and the payment of all fees, all in accordance with Board Policy 7.18. G. To the extent that the Board's aquatic facilities are included within the term Board Facilities, as defined in Section 3.A. of this Agreement, the Board's aquatic facilities may only be utilized under this Agreement for aquatic programs and competitive activities such as swimming, diving, water polo practices and competitions and shall not be utilized for leisure activities such as pool parties and/or open swims. The City acknowledges and agrees the Board may charge a fee for use of the Board's aquatic facilities, which shall be consistent with Board Policy 7.18. 6. Maintenance/Repair of Facilities. The parties acknowledge and agree that either party may deny a request for use of a Facility to perform maintenance or repairs to the Facility. 7. Notification of Responsibilities under Agreement. The Board agrees to notify the Board's Principals of the terms and conditions of this Agreement and the Board's commitment to make the Board Facilities available to the City and City Recognized Sports Providers in accordance with the Priority of Use. 8. Dispute Resolution. In the event an issue arises that cannot be resolved between the Board's Principal and the City's Director of Parks and Recreation or his or her designee regarding the use or availability of a Facility, the dispute shall be referred to the Board's Chief Operating Officer and the City Administrator who shall both make a good faith effort to resolve the dispute. If the dispute cannot be settled through negotiation, the parties agree to try in good faith to settle the dispute by mediation before resorting to litigation. 9. Acceptance of Facilities. Neither party shall be required to make any improvements or repairs to the Facilities as a condition of use of the Facilities by the other party or City Recognized Sports Providers. The parties and City Recognized Sports Providers shall accept the Facilities in their "As Is", "Where Is" condition. The parties acknowledge and agree that neither party has made any warranties or representations to the other party regarding the Facilities, including, but not limited to, any representations or warranties regarding the suitability of the Facilities for use by the other party or City Recognized Sports Providers. 10. License. Notwithstanding any provision of this Agreement to the contrary, the use the Facilities by either of the parties or the City Recognized Sports Providers shall only amount to a license to use the Facilities on a non-exclusive basis, which license shall be revocable by the party licensing the use for any reason whatsoever. The parties agree that nothing in this Agreement shall be construed as granting either party or the City Recognized Sports Providers any title, interest or estate in the Facilities. C 24 11. Default. The parties agree that, in the event either party is in default of its obligations under this Agreement, the non -defaulting party shall provide to the defaulting party thirty (30) days written notice to cure the default. In the event the defaulting party fails to cure the default within the thirty (30) day cure period, the non -defaulting party shall be entitled to seek any remedy available to it at law or equity, including, but not limited to, the right to terminate this Agreement and seek damages, if any. 12. Termination. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by either party: (i) without cause upon thirty (30) days prior written notice to the other party or (ii) with cause upon the expiration of the thirty (30) day cure period provided for in Paragraph 11 above. 13. Annual Appropriation. Each party's performance and obligations under this Agreement shall be contingent upon an annual budgetary appropriation by its respective governing body for subsequent fiscal years. 14. Notice. All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: IF TO CITY: City of Boynton Beach ATTN: City Manager 100 E Ocean Avenue Boynton Beach, FL 33435 IF TO BOARD: School Board of Palm Beach County, Florida ATTN: Director of Planning and Intergovernmental Relations 3661 Interstate Park Road N, Suite 200 Riviera Beach, FL 33404 15. Governing Law and Venue. This Agreement shall be construed by and governed by the laws of the State of Florida. The parties agree that any controversies or legal disputes arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Fifteenth Judicial Circuit of Palm Beach County, Florida. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, each party shall be responsible for their own attorney's fees and costs incurred. 10 25 16. Subordination to Bond and Grant Obligations. The parties acknowledge that certain Facilities may be subject to bond covenants and restrictions or grant obligations and agree that this Agreement shall be subject and subordinate to any such covenants, restrictions and obligations. Notwithstanding any provision of this Agreement to the contrary, the parties shall not be obligated to make any Facility available for use by the other party or City Recognized Sports Providers in a manner which either party has determined, in its sole discretion, would be contrary to any of its bond or grant obligations, including, but not limited to, making any of the Facilities available at no cost when such an action would be contrary to either party's bond or grant obligations. Each party agrees to provide timely notice to the other party in the event this provision makes a Facility unavailable for use. 17. Equal Opportunity Provision. The parties agree that no person shall, on the grounds of race, color, sex, age, national origin, disability, religion, ancestry, marital status, familial status, sexual orientation, gender, gender identity or expression be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 18. Captions. The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. 19. Severability. In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 20. Entirety of Agreement. This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. 21. Incorporation by Reference. Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. 22. Amendment. Except as otherwise provided for in this Agreement, this Agreement may be modified and amended only by written instrument executed by the parties hereto. 23. Waiver. No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. 11 26 24. Construction. Neither party shall be considered the author of this Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. 25. Filing. A copy of this Agreement shall be recorded with the Clerk of the Circuit Court in and for Palm Beach County pursuant to Section 163.01 (11), Florida Statutes. 26. Effective Date/Term. This Agreement shall become effective when signed by both parties, and recorded with the Clerk of the Circuit Court in and for Palm Beach County. The term of this Agreement shall be for a period of one (1) year and shall be automatically renewed up to four (4) additional consecutive one (1) year terms, unless either party provides a written notice of intent to terminate the Agreement to the other party pursuant to Paragraph 12. 27. Prohibition Against Alcohol, Tobacco and Drones. The manufacture, distribution, dispensation, possession, consumption or use of alcohol, tobacco products of any kind, e -cigarettes or controlled substances on City or School Board -owned property is strictly prohibited and violation of this provision shall be a material breach of this Agreement. No unmanned aerial vehicles of any kind, also known as drones, shall be permitted on or about City or School Board -owned property. Violation of this provision by any person associated with a City Recognized Sports Provider shall be just cause for termination of the City Recognized Sports Provider's privilege to use any Board Facility in the future. 28. Inspector General. The City agrees and understands that, except as otherwise required by law, it will provide the School Board's Office of Inspector General ("School Board's Inspector General") access to records related to this Agreement as required by School Board Policy 1.092(5)(e) and Policy 6.14(12). Similarly, in accordance with Palm Beach County ordinance number 2011-009, the School Board acknowledges that this Agreement may be subject to investigation and/or audit by the Palm Beach County Inspector General. The School Board has reviewed Palm Beach County ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance. 29. No Third Party Beneficiaries. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the City and/or Board. 30. Liens. Each party's respective interest in the Facilities shall not be subject to liens arising from the others or the City Recognized Sports Provider's use of the Facilities, or exercise 12 27 of the rights granted hereunder. Each party shall promptly cause any lien imposed against the Facility of the other party relating to the use of Facilities under this Agreement to be discharged or transferred to bond. 31. No Agency Relationship. Neither party is an agent or servant of the other. No person employed by either party to this Agreement, shall in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of the other party, nor shall an employee claim any right in or entitlement to any pension, workers' compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise, except through and against the party by whom they are employed. 32. Records. Each party shall maintain its own respective records and documents associated with this Agreement in accordance with the records retention requirements applicable to public records. Each party shall be responsible for compliance with any public documents request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant award of attorney's fees for non-compliance with that law. 33. Survival. Provisions contained in this Agreement that, by their sense and context, are intended to survive the suspension or termination of this Agreement, shall so survive. 34. Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. 35. Authority to Execute Each Person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. (The remainder of this page is intentionally left blank.) 13 IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the day and year first above written. CITY OF BOYNTON BEACH FLORIDA Ty Penserga, Mayor ATTEST: Maylee De Jusus, City Clerk Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney City Council Meeting Date 14 SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA la Frank A. Barbieri, Jr., Chairman ATTEST: Michael J. Burke, Superintendent Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY School Board Attorney School Board Meeting Date EXHIBIT "A" City Youth Recognized Programs and City Recognized Sports Providers (All programs are limited to youth sports activities only) Boynton Beach Bulldogs Youth Tackle Football & Cheerleading (Practice Only) East Boynton Little League Running Fire Track Club 15 30 EXHIBIT "B" School Board of Palm Beach County Facility Operating Hours The Board agrees to make the Board Facilities available for use by the City according to the Priority of Use, at no cost to the City and in accordance with the following operational hours for indoor and outdoor facilities. When School is in session: Weekdays (Monday through Friday): From the close of the school day until 9:30 pm Saturdays: From 8:00 am to 9:30 pm When School is out of session (Summer Break and Spring Break): Weekdays (Monday through Thursday): From 8:00 am until 9:30 pm Fridays, Saturdays, Sundays: Closed School Holidays and Winter Break: The Board Facilities will be closed the day of the school holiday plus any immediately preceding or following weekend days (i.e. the weekend preceding a Monday National Holiday or following Thanksgiving). The Board Facilities will also be closed for the entire Winter Break (traditionally beginning on the Saturday prior to Christmas and extending through the Sunday following New Year's). The operational hours may be amended from time to time upon the mutual agreement of the Board's Chief Operating Officer and City Administrator or his or her designee. City of Boynton Beach Hours of Operation City agrees to make the City Facilities available for use by the Board according to the Priority of Use, at no cost to the Board and in accordance with the following operational hours for indoor and outdoor facilities. When School is in session: Monday through Saturday: When School is out of session: From 8:00 am to 9:30 pm Monday through Saturday: From 8:00 am to 9:30 pm The operational hours may be amended from time to time upon the mutual agreement of the Board's Chief Operating Officer and City Administrator or his or her designee. 31 EXHIBIT "C" The City of Boynton Beach and The School Board of Palm Beach County INTER -LOCAL FACILITY REQUEST FORM Date Contact Person School Name (if applicable) Phone Number Fax Number Other Contact Number Address City State/ZIP FACILITY REQUEST: Choice #1 Choice #2 Activity Age Group Estimated Attendance: Participants: Spectators: Total: Mark appropriate day(s) facility will be needed: ❑Monday -]Tuesday ❑ Wednesday F Thursday ❑ Friday ❑ Saturday —Sunday Date(s): Time(s): From: am/pm To: am/pm ❑ New Request ❑ Repeat Request: Date and location of previous use: Other pertinent information (as necessary): ❑ Requesting Principal Date ❑ Director of Recreation Services ........................................................................................................................................... ❑ Approve -1 Disapprove Reason if disapproved: ❑ Principal Date ❑ Director of Recreation Services 17 32 6.13 Consent Agenda 06/6/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/ 6/2023 Proposed Resolution No. R23-068- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program, for Intention Enterprises, LLC. Requested Action by Commission: Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,224.00 for Intention Enterprises, LLC Explanation of Request: The City's Marketing and Digital Connectivity Small Business Grant Program was created to provide eligible new and existing small businesses with a reimbursable grant for expenses associated with marketing and/or developing an e-commerce platform. City staff has received a complete grant application from Intention Enterprises, LLC located at 144 Nottingham Place, Boynton Beach, FL 33426. Intention Enterprises, LLC offers bookkeeping, accounting services designed to ensure businesses financial records are maintained correctly and accurately understanding each business has unique needs. The applicant will utilize the grant funds for a development and distribution service to create: - Build Brand - Social Media - Network with local businesses How will this affect city programs or services? Approval of this application will allow the City's Division of Economic Development to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. Fiscal Impact: 33 The City has budgeted $25,000 for the Marketing and Digital Connectivity Small Business Grant Program in FY 22-23 via account 001-2419-559.49-68. Intention Enterprises, LLC will receive $2,224.00 from those budgeted funds. Attachments: Resolution approving Marketing and Digital Small Business Grant Funding (Intention Enterprises) Grant _ Agreement _-_Intention_Enterprises_LLC.pdf Application Intention Enterprises LLC.pdf 34 1 RESOLUTIONNO. R23-068 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 5 GRANT AGREEMENT FOR THE MARKETING AND DIGITAL 6 CONNECTIVITY SMALL BUSINESS GRANT PROGRAM FUNDING IN THE 7 AMOUNT OF $2,224.00 FOR INTENTION ENTERPRISES, LLC; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, The City's Marketing and Digital Connectivity Small Business Grant 12 Program was created to provide eligible new and existing small businesses with a 13 reimbursable grant for expenses associated with marketing and/or developing an e- 14 commerce platform; and 15 WHEREAS, City staff has received a complete grant application from Intention 16 Enterprises, LLC located at 144 Nottingham Place, Boynton Beach, FL 33426 which offers 17 bookkeeping, accounting services designed to ensure businesses financial records are 18 maintained correctly and accurately understanding each business has unique needs.; and 19 WHEREAS, approval of this application will allow the City's Department of 20 Economic Development and Strategy to help local small businesses improve the quality 21 and effectiveness of their marketing to help reach a broader market. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 23 OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 25 as being true and correct and are hereby made a specific part of this Resolution upon 26 adoption hereof. 27 Section 2. The City Commission approves and authorizes the City Manager to 28 sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant 29 Program funding in the amount of $2,224.00 for Intention Enterprises, LLC, a copy of which 30 is attached hereto and incorporated herein as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. 32 S:\CA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (Intention Enterprises) - Reso.Doex 35 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 64 65 66 67 PASSED AND ADOPTED this 6th day of June, 2023. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor— Thomas Turkin Commissioner — Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE ATTEST: Maylee De Jes6s, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) YES NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (Intention Enterprises) - Reso.Doex 36 CITY OF BOYNTON BEACH GRANT AGREEMENT THIS AGREEMENT is made this day of , 2023, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and Intention Enterprises, LLC., hereinafter referred to as "Grantee." WITNESSETH: WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth within the CITY's municipal boundaries; and WHEREAS, The City of Boynton Beach Marketing and Digital Connectivity Small Business Grant program provides City funding to support new and existing small businesses with marketing and/or developing an e-commerce component to their business; and WHEREAS, the CITY has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms of this Agreement. WHEREAS, in order to justify the expenditure of public funds and secure the public's interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations pursuant to the CITY's grant program. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: I. GRANTEE'S PERFORMANCE OBLIGATIONS A. GRANTEE agrees that it will perform the business activities as more specifically set forth in GRANTEE's Grant Application. Representations contained in the Application are deemed material representation of the GRANTEE and failure to expend the grant funds as set forth in the CITY'S grant program constitutes a breach of this Agreement. GRANTEE agrees that it is solely liable to the CITY for performance under this Agreement, and that, in the event of default as solely determined by the City, GRANTEE will, as more specifically set forth herein, refund to the CITY monies paid pursuant to this Agreement. 1 37 B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission. II. PAYMENT PROCEDURES, CONDITIONS A. The Grant funds available pursuant to this Agreement will be paid by the CITY to the GRANTEE only after the GRANTEE provides the documentation as required by the CITY. B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the funds upon giving written notice to the GRANTEE, and/or terminate this Agreement and the CITY shall have no further funding obligation to the GRANTEE under this Agreement. C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The GRANTEE shall also be liable to reimburse the CITY for any lost or stolen funds. D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the CITY and the CITY shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by the CITY and GRANTEE, its successors or assigns in interest, agrees to be bound by the CITY's determination. E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be repaid by delivering to the CITY a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days of the CITY's demand. F. All corporate or partnership officers and members of GRANTEE are individually and severally responsible for refunding grant funds to the CITY in the event of a default. G. The above provisions do not waive any rights of the CITY or preclude the CITY from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the CITY's right to be repaid in the event the GRANTEE fails to comply with the terms of this Agreement. E 38 III. DEFAULT/TERMINATION A. In the event that a party fails to comply with the terms of this Contract, other than payment of funds, then the non -defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non -defaulting party. B. In the event that the defaulting party fails to cure the default, the non -defaulting party shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. IV. REIMBURSEMENT REQUIREMENTS GRANTEE agrees to submit the required reimbursement documents to the CITY within the specific timeframe set forth in the CITY'S grant program. V. GRANT AMOUNT The total grant is Two Thousand Two Hundred Twenty -Four Dollars ($2,224). VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The CITY may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by City staff or an independent auditing firm employed by the CITY at any time the CITY deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Grant Agreement shall be submitted to the CITY if requested. VII. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the CITY without liability, in addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under this Agreement. 3 39 VIII. INDEMNIFICATION The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CITY in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CITY, its respective agents, servant employees or officers, nor shall the liability limits set forth in section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. IX. RESERVED X. AVAILABILITY OF FUNDS The CITY's obligation to pay under this Agreement is contingent upon having funds budgeted and appropriated by the City of Boynton Beach City Commission. XI. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. XII. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 40 XIII. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XIV. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XV. ENTIRE AGREEMENT The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. XVI. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the CITY shall be mailed to: John Durgan, Economic Development Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6010 Facsimile (561) 742-6011 41 with a copy to: Michael Cirullo, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd, Suite 200 Fort Lauderdale, FL 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 and if sent to the GRANTEE shall be mailed to (current official address): 144 Nottingham Place, Boynton Beach, FL 33426 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY By: _ Print: Name: ATTEST: Maylee De Jesus, City Clerk APPROVED AS TO LEGAL FORM: Office of the City Attorney GRANTEE Intention Enterprises, LLC. By: Print: Christine D. Roberts Title: CEO/Founder ATTEST: Print Name: Title: (CORPORATE SEAL) 42 EXHIBIT "A" City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Program Overview Marketing is your business' way of communicating, delivering, and exchanging information about your company to an audience. It's your opportunity to create a narrative about your business that you can showcase to your customers and potential customers. As a small business owner, it's critical to have a marketing plan that can be effectively implemented utilizing different platforms to push your brand with the ultimate goal of generating more sales. With new mediums of communication, available platforms and economic shifts in consumer spending, the City also recognizes the importance of e-commerce for small businesses. E- commerce allows businesses to grow their customer base, generate new sales, and benefit from the shift in shopping from brick -and -mortar to online. Having the ability to process sales directly online builds your customer base and allows your business to reach new customers. Especially during the pandemic, online businesses benefitted as it allowed them to stay connected with their customers as their physical location was shut down. With e-commerce your customers are no longer limited to those who can visit your brick -and -mortar location. The purpose of this grant is to help local small businesses improve the quality and effectiveness of their marketing and help reach a broader market. Available Funding The City's Marketing and Digital Connectivity Small Business Grant was created to support new and existing small businesses with marketing and/or developing an e-commerce component to their business. The City will provide eligible small businesses with a reimbursable grant for expenses associated with marketing and/or building an e-commerce platform for their business. Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. The maximum grant amount is up to $2,500. For the purpose of this grant program the term "project" means the eligible marketing/e- commerce uses for which the applicant seeks grant reimbursement. The grant is awarded on a first -qualified, first-served basis. All applications are subject to City Commission approval. Submitting an application to the program is NOT a guarantee of funding. All applications are subject to funding availability. The City of Boynton Beach reserves the right to approve or deny any application and to deny payment at anytime if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives of the City's Economic Development Division. 43 Eligibility Requirements • Business must be located within the City of Boynton Beach city limits • Business must have between 1 and 25 employees • Applicant must be a for-profit privately held business. Non-profit organizations and home-based businesses are NOT eligible for funding through this program. • Must be properly licensed by all necessary levels of government and professional associations or agencies, including City of Boynton Beach Business Tax Receipt (BTR). Eligible Uses The City must approve all eligible uses as indicated on the submitted application. Eligible uses for grant funding under this program include, but are not limited to: — Development of a marketing/social media plan — Design of marketing materials and content — Website design — Web promotions (e.g. Facebook ads) — Print and TV advertisements — Social media development and assistance — Marketing consultants — Brand and logo design — E-commerce software and development — Equipment to support marketing efforts Ineligible uses include but are not limited to: — Sponsorship fees — Website hosting/maintenance fees — Staff salaries — Travel and accommodations — Office costs including rent/lease payments *Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. Grant applicants may apply for one or more eligible use. The City reserves the right to approve or deny any use, in its sole and absolute discretion, it determines does not meet the intended goals and objectives of this program. 44 Required Documentation with Application Application packets must include the following documentation: 1. W9 Form (included in this application package if needed) 2. Copy of active City of Boynton Beach Business Tax Receipt 3. Written detailed description of your project and budget estimates. The project budget must provide a total cost for the project. 4. Vendor Quotes for eligible uses Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, City staff will place the application on the next available City Commission agenda for review and potential approval. The City Commission can approve or denial any grant application. The City Commission meets on the first and third Tuesday of each month. The schedule for City Commission Meetings can be obtained at www.boynton-beach.org. The applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the grant applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City staff will notify the applicant of approval or denial. Reimbursement Process This program is designed as a reimbursement grant. That is, all project costs must be paid for by the grant applicant prior to the City's funds being released. Grant funds will be reimbursed exclusively for approved projects that have been paid for after the applicant has received notification that their grant application has been approved by the City Commission. Any work/costs associated with the project that was completed prior to receiving grant approval is ineligible for reimbursement. If approved, the applicant will have until September 20, 2023 to submit for reimbursement. The following documentation is required to submit for reimbursement: 1. Invoices, receipts or other acceptable evidence of payment to vendors or consultants that have been marked "paid in full"; and/or 2. Cancelled check(s) showing the front and back of the cancelled check for work that was completed as part of the project. *No cash payments will be accepted as evidence in support of a request for reimbursement. 45 How to Apply Applicants can apply online at whyboynton.com/grants or by contacting the City Economic Development Division at 561-742-6014 or DurganJ@bbfl.us for a copy of the grant application. 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 Application and Guidelines. 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 City of Boynton Beach to any third party. The City 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 is sufficient assurance for the City to award grant funding. 46 Pirogirainn Oveirvilew C 1 T Y 01 F 1AMBiL Clity of In- In Beadh MairIke-fing aind Mglitall Coin inectlivii- ty Simalill Busltiness Ir in lPirogiraim Oveirviiew Marketing its your business' way of communicating, delivering, and exchanging information about your company to an audience.. It's your opportunity to create a narrative about your business that you can showcase to current and potentiM custorners.. With new mediums of communication, available platforms arid economicshifts in consuirrier spending, the Ciity allso recognizes the importance of e-commerce for small businesses.. E-cornmerce allows businesses to grow their customer base, generate new salles, arid benefit from the shift in shopping online. Having the abiillity to process salles diirectlly online builds your custorner base by allowing your business to reach new custorners.. IDurirng the pandemic, onlline businesses benefitted as it allowed them to stay connected with their custorners as theiir physicM (location was slhut down.. The goal) of this grant is to Ihellp locM small busiinesses improve the quality and effectiveness of their marketing to hellp reach a broader market. AvaiiIialblie IFauindiiing The City's Marketing and IDiigiitall Connectivity Sirriall Business Grant was created to support smaIll businesses with innarIketing and/or developing an e-comirnerce component to their business. The City will provide eligible small businesses with a reimbursable grant for expenses associated with marketing and/or the devellopment of an e.-comirnerce platform for their business.. IEligiblle uses completed and/or paid for prior to City Commission grant approval) will not be eligible for reirribursernent.. The rnaxirriurn grant arnount its $2,500.. The grant is awarded on a first -qualified, first-served basis.. All applications are subject to Ciity Commission approval.. Submitting an application to the program its NOT a guarantee of funding. All applliications are subject to funding availability. The Ciity of (Boynton (Peach reserves the right to approve or deny any application and to deny paymeint at any time iif, in its sone and absolute discretion, it determines that the business will not advance the goalls and objectives of the City's Econornic Development Division. 47 Elligillbillity II uireirneints Efligii1billifty Requirements • (Business must be (located within the Ciity of lBoynton Beach city limits • (Business must have between 1 and 25 employees • Applicant must be a for-profit privately held lbusiness.. Non-profit organizations are NOTeligilble for funding through this program.. • IMust The properly licensed lby all necessary levels of government and professionM associations or agencies, including City of Boynton IBeaclh IBusiiness Tax IReceiipt (IBTIR).. ElHigillblie Uses The City must approve all eligible uses as indicated on the application. Eligible uses for grant funding Under this program include, (but are not limited to:: Development of a rriarketing/sociM rnedia pllan IDesign of marketing materials and content Website design Web prorriotiions (e..g.. Facebook ads) IPriint and TV advertisements SociM irnediia development and assistance Marketing consultants Brand and (logo desiign E. -commerce software and development Any other uses Ciity staff or the Ciity Commission determine will support the goalls and obJectives of the City's Division of Econoirnic Development Ineligible uses include but are riot limited to:: Sponsorship fees Website hosting/rnaimenance fees Staff salaries Travel) and accommodations Office costs including rent/lease payments *Eigible uses completed and/or paid for prior to grant approval) will not be eligible for reimbursement. Grant applicants may applly for one or irnore eligible use.. The City reserves the right to approve or deny any use, in iits sone and absolute discretion, iit determines does riot meet the intended goalls arid objectives of this program.. 48 Add-floinall Information Required Docuirneintatiloin with Application The following documents must be submiitted with your application to The considered complete:: 1. W9 Form (included in thiis appllication package if needed) 2,. Copy of active Ciity of(Boynton Beach 1Business Tax Receipt 3. Written detailed description of your project and (budget estimates.. The project budget irnust provide a totM cost for the project.. 4. Vendor quotes for eligible uses Approval of Funding Request Once eligibility is verified and alj required docurnentation has been submitted, City staff WIJ review the applliication for cornpletion.. Once a complete application is confirmed, a Graint Agreement between the applicant and the Ciity wilJ be placed on the next available Ciity Comirnission agenda for approval).. The City Comirnission can approve or deniA any applicant and/or Grant Agreement at its solle discretion.. The City Commission meets on the first and third Tuesday of each mointh.. The schedule for City Comirnission IMeetings can be obtained at www..boynton.-beach..org.. The applicant vvilJ The notified of Hhe date and tirne their application will be presented to the Ciity Commission. It is recommended that the grant applicant attend the Ciity Commission Meeting in order to answer any questions the Commission may have regarding their application. Ciity staff WIJ notiify the applicant of appirovM or denial.. Refirrilbuirsement Process This prograirn its designed as a reimbursement grant.. That is, a11 project costs rinust be paid for by the applicant prior to the City issuing grant funding. Grant funds WIJ be reirribursed exclusively for approved eligible uses that have (been paid for after the applicant has received notificatiion that their Grant Agreement has been approved by the City Commission. Any worlk/costs associiated with the project cornpleted prior to receiving Grant Agreement approval) ii ineligible for reimbursernent.. If approved, the applicant WIJ have until) September 22, 2023 to submit for reirribursement.. The following docurnents are required to subunit'for reimburseirrient:: • Invoices, receipts or other acceptablle evidence of payrnent to vendors or consultants that Ihave been marked "paid iin fullll"; and/or • Cancelled checlk(s) showiing the front and back of the cancelled check for work that was complleted as part of the project. • Other evidence of payment for work cornpleted as part of the project.. *No cash payrnei1s wilJ be accepted as evidence in support of a request 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 or the grant 1program application and guidelines. NOTICETOTIHIRD PARTIES::The giraint application 1pirogirairin does inot create any iriiglhts -for airry pairtles, including Ipairtiiesthat 1peirfoirirned work oin the 1piroject.. Noir shall Issuance olf a giraint iresuallt In airry obligation oin -the 1pairt o -F the City of Boyintoin Beach to any thilird Ipairty.The City iis inot requilired -to veiri-Ify that entities that have contracted with -the applicaint have beein Ipaiid iirn full, or that such entities have Ipaiid any subcontiractoirs In full., Applicant's wainrainty thiat all Ibiilllls irellated -to the Project -for which the applicaint iis directly ires 1po iris I ble iis suMicleint assuiraince -Ifoir the City to awaird giraint funding., 49 BUSIHNIESS IIINIFOIIRIMATIIOIN Boyintoin Beach l'iniention Enterprises ILLC Bushiness INairne* Busiiiness ILegall Maime, iif diiffeireint Chain albove Boyintoin Beach Bushiness Address Intention Enterprises ILLC Street Address 144 nottingharn pllace Address Line 2 Boynton beach City Boynton Beach Postal / Zip Code 33426 Bushiness IMaiilliiing Street Address Addiress, iif diffferent: 144 nottingharn pllace frorn Iplhysiieall Address Line 2 Boynton beach City Boynton Beach Postal / Zip Code 33426 Bushiness ChristineD, Roberts Owiner/Flidincillpall IMairne* Grant ApIphication CIEO/ Founder Cointact Persoin/TitIle F111hone NkArnbeir* 954-415-9540 Ernaill * Christine@intentionenterprises.com Welbsiite www.iriteiritionenterpirises.com Owin or Reint. Own s,,) Rent Comirneirciiall Prolperty?* State / Province / Region FI_ Country USA State / Province / Region FI_ Country USA 50 Type of 1Busihness * Bookkeeping and Business services Descidilption of Youir business services company supporting smaIll to rnedium lBusiiiness* organizations From inception to sustainablle growth. Supporting ornanizations in business formation to financial Fundamentals and P11FROJECT IDIESCIRIHIPTIOIN MairIketifing/lE.- Please select all the eligible uses you are seeking grant reimbursement for Commerce ILlliigiiblle Development of a rnarketing/sociall media pllan Uses Design of marketing materials and content Website design Web promotions (e.g. IFarebook ads) Print and TV advertisements 'V) Social rnedia development and assistance V) Marketing consultants Brand and Ilogo design E.-cornmerce software and development Equipment to support marketing efforts Other- Project IDescriilptiion * Provide a detailed description of your marketing/e-commerce project. As a bookkeeping business, my marketing plan wiIIII focus on building my brand, establishing credibility, and attracting potential) clients. Here are some key elements to iincllude in your marketing plarr 1. Define your target audience 2. IDevellop a unique vallue Iproposiition 3. Build your brand 4. Leverage sociall media 5. INetwork with Ilocall businesses Project limlpact* Provide a detailed description of how this project will impact your business This project willl impact my organization by Defining my tar -get audience, Leveraging sociall media, leveraging Networking options with Ilocall businesses and improve Utilization of ernaill marketing. The project wiIIII additionally Focus on building my brand, establishing credibility, and attracting potentiall clients. 113iroject's'Totall Cost* $ 2,224.00 Grant Amount Maximum amount is $2,500 Requested* 2343.76 Es-dirnated What is the estimated project completion date? CoirnIpIletion Date* 5/1/2024 ADDITIONAL 11INIFOIRIMAT110IN Other Programs* Are you applying for additional loan/grant assistance under any other program(s) offered by the City of Boynton Beach or BBCRA? Required Documents W-9 Form For a copy of a blank W-9 Form click this link. U I P I l 1 0 1 a I d I fw92023,pdf 239.91 KB 51 Click here to download a bllank W-9 Form, Business'Tax Copy of City of Boynton Beach Business Tax Receipt Reciielplt* Upbad Boynton Business lax ireceipts,docx 13.661KB Project Budget* Please provide a detailed project budget. The project budget must provide a cost breakdown of each eligible use and a total cost of the project. UpWd Marketing Project Budget.x1sx 10.341KB X Vendoir Quote(s) Vendor quote(s) for eligible uses UpVoad emaill consulting docx 88.881KB X Ernaill Content creationd(.)cx 109.34KB X Sociall Mixt Media--- Invoice 000000592.-4.pdf 17.571KB X Subscription Progrann.-2.doc 54KB X Grain L Agreement Please sign the attached Grant Agreement Upbad Grant Agreement -boymon, pdf 378.92KB Signature Click here for a copy of the Grant Agreement, AlpIpIlication Date* 4/15/2023 0 52 6.0 Consent Agenda 06/6/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/ 6/2023 Proposed Resolution No. R23-069- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program, for Zelta Home Watch, LLC. Requested Action by Commission: Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,260.00 for Zelta Home Watch, LLC Explanation of Request: The City's Marketing and Digital Connectivity Small Business Grant Program was created to provide eligible new and existing small businesses with a reimbursable grant for expenses associated with marketing and/or developing an e-commerce platform. City staff has received a complete grant application from Zelta Home Watch, LLC located at 3469 W. Boynton Beach Blvd, Suite 2 PMB 1157, Boynton Beach, FL 33426. Zelta Home Watch, LLC offers home watch services customizable to every client need. The company conducts custom visual inspections (interior and exterior) and reports assuring the customers their homes are maintained while property owners are away and the home is unattended for a long period of time. The applicant will utilize the grant funds for a development and distribution service to create: - Generate marketing materials - Improve website's look - Social Media How will this affect city programs or services? Approval of this application will allow the City's Division of Economic Development to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. Fiscal Impact: 53 The City has budgeted $25,000 for the Marketing and Digital Connectivity Small Business Grant Program in FY 22-23 via account 001-2419-559.49-68. Zelta Home Watch, LLC will receive $2,260 from those budgeted funds. Attachments: Resolution approving Marketing and Digital Small Business Grant Funding (Zelta Home Watch).pdf Grant —Agreement _Zelta _Home_Watch_LLC. pdf Application Evaluation Zelta Home Watch.pdf 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 RESOLUTION NO. R23 -069 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A GRANT AGREEMENT FOR THE MARKETING AND DIGITAL CONNECTIVITY SMALL BUSINESS GRANT PROGRAM FUNDING IN THE AMOUNT OF $2,260 FOR ZELTA HOME WATCH, LLC; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City's Marketing and Digital Connectivity Small Business Grant Program was created to provide eligible new and existing small businesses with a reimbursable grant for expenses associated with marketing and/or developing an e- commerce platform; and WHEREAS, City staff has received a complete grant application from Zelta Home Watch, LLC located at 3469 W. Boynton Beach Blvd, Suite 2 PM 1157, Boynton Beach, FL 33426 which offers home watch services customizable to every client's needs including custom visual inspections (interior and exterior) and reports assuring the customers their home is maintained while property owners are away; and WHEREAS, approval of this application will allow the City's Department of Economic Development and Strategy to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission approves and authorizes the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,260 for Zelta Home Watch, LLC, a copy of which is attached hereto and incorporated herein as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (Zelta Home Watch) - Reso.Doex 55 34 35 36 PASSED AND ADOPTED this 6th day of June, 2023. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor— Thomas Turkin Commissioner — Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE /_19X•111 Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) YES NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (Zelta Home Watch) - Reso.Doex 56 CITY OF BOYNTON BEACH GRANT AGREEMENT THIS AGREEMENT is made this day of 2023, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and Zelta Home Watch, LLC, hereinafter referred to as "Grantee." WITNESSETH: WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth within the CITY's municipal boundaries; and WHEREAS, The City of Boynton Beach Marketing and Digital Connectivity Small Business Grant program provides City funding to support new and existing small businesses with marketing and/or developing an e-commerce component to their business; and WHEREAS, the CITY has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms of this Agreement. WHEREAS, in order to justify the expenditure of public funds and secure the public's interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations pursuant to the CITY's grant program. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: I. GRANTEE'S PERFORMANCE OBLIGATIONS A. GRANTEE agrees that it will perform the business activities as more specifically set forth in GRANTEE's Grant Application. Representations contained in the Application are deemed material representation of the GRANTEE and failure to expend the grant funds as set forth in the CITY'S grant program constitutes a breach of this Agreement. GRANTEE agrees that it is solely liable to the CITY for performance under this Agreement, and that, in the event of default as solely determined by the City, GRANTEE will, as more specifically set forth herein, refund to the CITY monies paid pursuant to this Agreement. 1 57 B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission. II. PAYMENT PROCEDURES, CONDITIONS A. The Grant funds available pursuant to this Agreement will be paid by the CITY to the GRANTEE only after the GRANTEE provides the documentation as required by the CITY. B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the funds upon giving written notice to the GRANTEE, and/or terminate this Agreement and the CITY shall have no further funding obligation to the GRANTEE under this Agreement. C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The GRANTEE shall also be liable to reimburse the CITY for any lost or stolen funds. D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the CITY and the CITY shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by the CITY and GRANTEE, its successors or assigns in interest, agrees to be bound by the CITY's determination. E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be repaid by delivering to the CITY a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days of the CITY's demand. F. All corporate or partnership officers and members of GRANTEE are individually and severally responsible for refunding grant funds to the CITY in the event of a default. G. The above provisions do not waive any rights of the CITY or preclude the CITY from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the CITY's right to be repaid in the event the GRANTEE fails to comply with the terms of this Agreement. E III. DEFAULT/TERMINATION A. In the event that a party fails to comply with the terms of this Contract, other than payment of funds, then the non -defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non -defaulting party. B. In the event that the defaulting party fails to cure the default, the non -defaulting party shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. IV. REIMBURSEMENT REQUIREMENTS GRANTEE agrees to submit the required reimbursement documents to the CITY within the specific timeframe set forth in the CITY'S grant program. V. GRANT AMOUNT The total grant is Two Thousand Two Hundred and Sixty Dollars ($2,260). VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The CITY may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by City staff or an independent auditing firm employed by the CITY at any time the CITY deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Grant Agreement shall be submitted to the CITY if requested. VII. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by GRANTEE to complete perforinance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the CITY without liability, in addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under this Agreement. 3 -M VIII. INDEMNIFICATION The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CITY in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CITY, its respective agents, servant employees or officers, nor shall the liability limits set forth in section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. IX. RESERVED. X. AVAILABILITY OF FUNDS The CITY's obligation to pay under this Agreement is contingent upon having funds budgeted and appropriated by the City of Boynton Beach City Commission. XI. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. XII. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 60 XIII. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XIV. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XV. ENTIRE AGREEMENT The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. XVI. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the CITY shall be mailed to: John Durgan, Economic Development Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6010 Facsimile (561) 742-6011 61 with a copy to: Michael Cirullo, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd, Suite 200 Fort Lauderdale, FL 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 and if sent to the GRANTEE shall be mailed to (current official address): 3469 W. Boynton Beach Blvd. Suite 2, Boynton Beach, FL 33436 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY GRANTEE Zelta Home Watch, LLC By: By: _ Print: Print: Name: Title: ATTEST: Maylee De Jesus, City Clerk APPROVED AS TO LEGAL FORM: Office of the City Attorney ATTEST: Print Name: Title: (CORPORATE SEAL) 62 EXHIBIT "A" City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Program Overview Marketing is your business' way of communicating, delivering, and exchanging information about your company to an audience. It's your opportunity to create a narrative about your business that you can showcase to your customers and potential customers. As a small business owner, it's critical to have a marketing plan that can be effectively implemented utilizing different platforms to push your brand with the ultimate goal of generating more sales. With new mediums of communication, available platforms and economic shifts in consumer spending, the City also recognizes the importance of e-commerce for small businesses. E- commerce allows businesses to grow their customer base, generate new sales, and benefit from the shift in shopping from brick -and -mortar to online. Having the ability to process sales directly online builds your customer base and allows your business to reach new customers. Especially during the pandemic, online businesses benefitted as it allowed them to stay connected with their customers as their physical location was shut down. With e-commerce your customers are no longer limited to those who can visit your brick -and -mortar location. The purpose of this grant is to help local small businesses improve the quality and effectiveness of their marketing and help reach a broader market. Available Funding The City's Marketing and Digital Connectivity Small Business Grant was created to support new and existing small businesses with marketing and/or developing an e-commerce component to their business. The City will provide eligible small businesses with a reimbursable grant for expenses associated with marketing and/or building an e-commerce platform for their business. Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. The maximum grant amount is up to $2,500. For the purpose of this grant program the term "project" means the eligible marketing/e- commerce uses for which the applicant seeks grant reimbursement. The grant is awarded on a first -qualified, first-served basis. All applications are subject to City Commission approval. Submitting an application to the program is NOT a guarantee of funding. All applications are subject to funding availability. The City of Boynton Beach reserves the right to approve or deny any application and to deny payment at anytime if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives of the City's Economic Development Division. 63 Eligibility Requirements • Business must be located within the City of Boynton Beach city limits • Business must have between 1 and 25 employees • Applicant must be a for-profit privately held business. Non-profit organizations and home-based businesses are NOT eligible for funding through this program. • Must be properly licensed by all necessary levels of government and professional associations or agencies, including City of Boynton Beach Business Tax Receipt (BTR). Eligible Uses The City must approve all eligible uses as indicated on the submitted application. Eligible uses for grant funding under this program include, but are not limited to: — Development of a marketing/social media plan — Design of marketing materials and content — Website design — Web promotions (e.g. Facebook ads) — Print and TV advertisements — Social media development and assistance — Marketing consultants — Brand and logo design — E-commerce software and development — Equipment to support marketing efforts Ineligible uses include but are not limited to: — Sponsorship fees — Website hosting/maintenance fees — Staff salaries — Travel and accommodations — Office costs including rent/lease payments *Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. Grant applicants may apply for one or more eligible use. The City reserves the right to approve or deny any use, in its sole and absolute discretion, it determines does not meet the intended goals and objectives of this program. 64 Required Documentation with Application Application packets must include the following documentation: 1. W9 Form (included in this application package if needed) 2. Copy of active City of Boynton Beach Business Tax Receipt 3. Written detailed description of your project and budget estimates. The project budget must provide a total cost for the project. 4. Vendor Quotes for eligible uses Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, City staff will place the application on the next available City Commission agenda for review and potential approval. The City Commission can approve or denial any grant application. The City Commission meets on the first and third Tuesday of each month. The schedule for City Commission Meetings can be obtained at www.boynton-beach.org. The applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the grant applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City staff will notify the applicant of approval or denial. Reimbursement Process This program is designed as a reimbursement grant. That is, all project costs must be paid for by the grant applicant prior to the City's funds being released. Grant funds will be reimbursed exclusively for approved projects that have been paid for after the applicant has received notification that their grant application has been approved by the City Commission. Any work/costs associated with the project that was completed prior to receiving grant approval is ineligible for reimbursement. If approved, the applicant will have until September 20, 2023 to submit for reimbursement. The following documentation is required to submit for reimbursement: 1. Invoices, receipts or other acceptable evidence of payment to vendors or consultants that have been marked "paid in full"; and/or 2. Cancelled check(s) showing the front and back of the cancelled check for work that was completed as part of the project. *No cash payments will be accepted as evidence in support of a request for reimbursement. 65 How to Apply Applicants can apply online at whyboynton.com/grants or by contacting the City Economic Development Division at 561-742-6014 or DurganJ@bbfl.us for a copy of the grant application. 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 Application and Guidelines. 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 City of Boynton Beach to any third party. The City 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 is sufficient assurance for the City to award grant funding. 66 5/18/23, 11:16 AM Application Evaluation IV 1 f 0 1 f; r„ J (, (,' // r„ii („ 11, „f „ll , : . . ,,/ : . . Grant Program it ICOverview • B�OY,N N B E ,A C H Clity of r lPirogiraim Overview IMairlketiling its your buiilrn ss' ver y of co mnlrmnurniica-Hing, dell iiv lriinng, aind exclhaingiling iilrnfoirim a-floin albou -t you it camp lrny to ama dleirn ,. Ilya your olplpolrtuduiniity to chaste a inairrative albout your busliness that your cairn showcase to cuirireint and p teinfill cup t lrmn lr „ With Irnew imedluirns of communication, av iill lbll Ip1latforims aind ecoi nomlic shl-fts iirn coin u i mner spending, the City allso recoginlizes ohne iilrmnlp lrtarnce f ,- caalr imeirce for simall1l Ibuiiine s se ,. IE.-coirnimeirce all1lowsIbuiilrne to glrow 1Ihneiilr custoirrieir Ib e, geineirate in w wiles, and b in fit firoirmn the shift ihn s1hoppiling oinlliilrn ,. IIdviilrng the Ibiilliity to 1process wiles 'iilr ctly oirnlliilrne Ibuiillc s your cu~u too m eir lbase Iby all1lowling your Ibuillness to reach Irnew customers. IDu.ulriilrng the Ip lrn eimiic, oinlllline buMu iilrn es beinefitted as iii all1lowed thn lrnn to stay connected with thn iilr customers er as thn iilr p1hysicall locatloin was slhut dowin,,'Tlhe goall of this glr lrnt its to Ih ellp Ilocall simall1l businesses iii mnlplrove the g,u alliity aind effectilveiness of thn iilr Irma rlke- iinng to Ih ellp reach a lbiroadeir Irm airlk t,. Avalillalblie IFuindiiing The iity' Marketing aind IDiigiitall Connectivity im llll l un iilrness Gir lrmt was cireated to suppoirt sirnall1l businesses wit1h Irmn lrlk til lrng Irn '/oir devellopling ain e.-coimirneirce colrrn 1poi n lrn t to t hn ii lr busliness.The City 111111 provide Iliigiilblle simall1l buslinesses wilth a Ireiiimlbu it lbll glr lnt Coir expenses associatedvriitlhn imarlk tiilrng https://Ifweb.bbfl.usIForms/form/submission/history/78848/142203?hideHeader=true&showinstanceDetails=false&frominstances=true 1/ 67 5/18/23, 11:16 AM Application Evaluation Irn /oir the devellolpirneint of ain .-comlrnn lrce Ipllat-foirim foIr th ellir busliness. ElligilbIle uses co mIpIl t ' Irn /oir Ip ii ' for Ip lriiolr to C ii ty Commission g lr lrnt alplpirovall wii ll ll not The Il iig ii lblle for Ir ii lrrn lb u u lr elrm lrn t,. The rm xil i m u lrn"n glralrnt airnount its $2,500., The g lr lrnt its awarded on a fll lr L q u all iTied, first-seirved lbasiis., AIIII alpIpIlIcations aire subject to City Commission Iplplr va ll,. Submitting an alpIpIlIcatilon to the program its IN OT a g u a it lrn tee of fu.0 lrnr l ing,. AIIII appIlIcations airesubject -to fulrndiinng v iill lbiilliity. The Clity of I oylrn ons lBeaclh ireseirves the right -to approve or deny any appIllicaboin and to deny payment [ any birn e !if, lin Is solle and albsollute discireblon, it determines t1h at the busliness willll Irnot advaince the goalls andobjectilves of the IIty' Eco noir nllc ID v ll Iplrme nt If iivii ilo n„ https://Ifweb.bbfl.usIForms/form/submission/history/78848/142203?hideHeader=true&showinstanceDetails=false&frominstances=true 2/ 68 5/18/23, 11:16 AM Eligibility Reqii r Ifs nt Application Evaluation I U ii ii lbii U ii-ty Requirements • I usiirn ss must The Ilocated wilthlin the City of I oyrnto n Beach ciiUy IliirmiiUs • I usiiirn ss imust Ihave Ib lwe irn 1 a n ' 25 eimlplloyees • AppIllicaint must. The a for -giro iiU Ipiriiv i; lly Ihelld Ibusiirness,. Nor. -pro -fit organizations wire INOT elliglIbIle -for funding through Mahn its Ipirog it irmn ,. • I usU The Ipirop irlly Iliicinns d Iby aIIII irnecess iry Il v lls of gov irirnirnrneint and prof ssiloirnall assoclafions or agencies, iiirncIlu diiirng City of I oyin of n Beach I u.usiirn ss 'Tax IR ciilpU (I 'TIIP)„ IElligilble Uses The ClIty mmnust approve aIIII elhIgiilblle uses as iimndiicaLed oin the IplpllIcabo n,. IElliigiilblle uses for gir nt funding u.urnd it UUniis Ipirogir mrrn iirncllu.ude, Ibut wire not Iliimmnil-ted to:: I[ ev llopirmneirnU of a rm airlketiiirng/ ocii ll irriedia pll irn ID siig mn of irmn irlke ii irn g r a t irii ll s and content elbsRe design Welb promotions (e.g. Facelboolk acts) IPiriiirnU and'TV adveirfiseiments oc Ball imediia devellopirneint and assiisU irncd Marketing co nsu llt ints IL it rnd and Ilogo design ILS. -c ommn irmn irc; soft r ire and dev ll cnlpmmn rn U Any ooh it uses City staff or the City Commission deteirimiline wIIIlll su.ulplpcnirt the ga lls and objectivesiof the City's ICDiiviisIloin of Economlic Devellopirn'n mnU /n /�q/ /e uses s ii irnc Il uu d Ib u U aire not Il ii rmn ii Ued to:: alpoirnsoirshiilp fe s Ibsilte hostling/irnalinleinaince fees Staff s llairii s Trav ll and accommodations Office costs iilrn llu diiirng ireint/Ilease Ip yirmneinUs https://Ifweb.bbfl.usIForms/form/submission/history/78848/142203?hideHeader=true&showinstanceDetails=false&frominstances=true 3/ 69 5/18/23, 11:16 AM Application Evaluation *IL hIgIilbll uses compll t eine/oir pald for Ipiriioir to girant appirovall wIIIlll isnot The ellii iilblle for relimbuirseirneirilt. Girarnt appIlIcaints imay appIly for oine or imoire elhIgIlIbIle use., The ClIty ireseirves the irii lh t to approve or deiny any use, iirn Is 011e aind albsollute'ii ciretiiorn, it deteirimilines does snot imeet the iiinteirnded goalls and objectives of this Ipiro irarnrn,. https://Ifweb.bbfl.usIForms/form/submission/history/78848/142203?hideHeader=true&showinstanceDetails=false&frominstances=true 4/ 70 5/18/23, 11:16 AM Application Evaluation Additional li i - irir ti n IRequillired Docuirnein-ta-Hoin it -Ch plpll it -til o i n The follllaa iirng documents must The u.ulbirmiitt ' wiitlh your appIlIcation to The coinsildeired c irrnlpll t „ 1.. W9 1F rima (iiia llu ded iirn this aplplliicaboin Ipackage if in ded) 2.. Copy of actilve CII-ty of IBoyin o n 1Beach 1 u,u iirne 'T x Receipt .. Wirliftein detalilled descirillptiloin of your project aind Ibu dg t estlinnates., The Ipirog ct Ibua g t rrnuu t Iprovide a tot II cost for the Ipro ect., 4„ Veindoir quotes fear elhIgIlIbIle uses Ip 1pir v ll of IF u inn it inn u -It Druce Iliigiilbiilliity its v iril- ii d aind.aIIII required docurneintation Ihas Ib in sulbirnlitted, City staff wIIIIII ireview-the aplpllii atiiorn for a ornlpll tiioin. Druce a corvilpIleteaplplliic tiio n its confirmed, a Gr int Agireeirneint Ib t e in the Iplplliicail aind the Ciity wIIIIll The Ipllaed orn the inext availlIalbIle ClIty Comirinissloin agenda for alplpir v ll,. The iity Commission warn approve or deiniiall arny appIlIcant aind/ it Gir ink Agireeirneint at Its 011e ii ciretiloi n,. The CRY Commission meets oin the Hirt and thiiird 'Tuesday of each irmnormtlh,. The schedulle for ClIty CommissionMeeflings can The obtained at ww,.lboyintoirn.-lb clh,,oirg,. 'TIhe appIlIcant wiillll Ibe inotiifiied of the dale and t1irne their appIlIcation wIIIII The presented tea the City Comiryflissiloin., IIS its irecoimimeinded that the gir rrt appIlIcaint aLteind the ILy Cornirnlissiloin IMeetiiing iiir order to cairn wer ainy questions flhe Cornirnissiloin irmay Ihave it g irdlirng flh iiir appIlIcation., ClIty staff wiillll notify 11hIppllii int of Iplpirov ll or de nii ll„ IhN=WTRMWM=W TIh ii a Iprog it irmn its designed as a r ii irrn lbu irse rrn int g ira int . Tlh t !is, aIIII project costs ri n uu t Ibe Ip ild for Iby the Iplplliicarnt Ipirloir to the lIty Issulling graint fuarndiirng,, Giraint fuinds nnriillll The it iirirnlbuair ' ex llua iivelly fear approved Iliigiilbll uses flh t Ihave Ib in pald for after 11halplplliic rnt Ihas it celiv d ino iil`iic tiiorn that flh iiir GiraintAgireeirneint Ih s Ibeei n approved Iby Hhe City Coirnirniissiloin., Any woirlk/costs associated nnrilth the (project coirrnlplIeted Ipirii it -to receiving Graint Agir eirmn ink appirovall its iirn lliigiilbll for ire!!irxnlbuir eirfl irnt,. IIf approved, the Iplplliic rnt wIIIlll Ilnave uurntiill Selpternbeir 22, 2023 to sulbinniit for it iirmnlbuuir ermnermt,. The following docurneints wire irequ.uiired to sulbirnit fear r iirmlbuar eirneig- , Ilinvoiices, receipts r o -their acc 1ptlblle eviideince of Ipaym mint tea veindoirs or coin ulltarrts that Ih ve (beam im inked "Ip ild iirn full"; in /oir Cancelled clhn lk() showling the froom aind back of the cancelled clh clk for work t1h at was cornIpIleted as Ip in of the (project. 0 -their evildeince of Ip yrm ink fear woirlk cornnlpll td as Ip in of the project. *INo cash Ip yrmnernt vnriillll The ccep ed as evildeince iirn support of a request fear r iiirrnlbuurs rn~n ink,. https://Ifweb.bbfl.usIForms/form/submission/history/78848/142203?hideHeader=true&showinstanceDetails=false&frominstances=true 5/ 71 5/18/23, 11:16 AM Application Evaluation SUIBIMIIISSIIIOIN OF AIN APPIL111CATI110INIIS INOT A GUAIRAINTIBEF IFUINIDIIIING program alipplilicatiloin and gu Well !I ines.. https://Ifweb.bbfl.usIForms/form/submission/history/78848/142203?hideHeader=true&showinstanceDetails=false&frominstances=true 6/ 72 5/18/23, 11:16 AM Application Evaluation Application I oyintoin IBeach Zellta IHome Watch I uaiineas I aimne * IBusliness ILeall Zellta Enterprises, IL_ILC INanne, !if iiffeiren-t Chain above Ioyintoin Beach Street Address I u line a Addiress* 3469 W IBoylnton IBeach (Blvd, Suite 2, IPIMIB 1157 Address Line 2 City State / Province / Region IBoyntoln Beach IFIL. Postal / Zip Code Country 33426 tWUSA. IBusliness aiilliin Street Address Addiress, !if iifteiren-t, Address Line 2 tirom 1ptnyaiioall City Postal / Zip Code Busliness near/IPiriinoiilall Iairnne * Grant AlpIpIllication Contact IPeir on/Ti-de (Phone INuirnlbeir* 1.361-374-0031 Mark Jaclkovviialk IMarlk Jaclkowliialk, CIEO and (Founder State / Province / Region Country USA https://Ifweb.bbfl.usIForms/form/submission/history/78848/142203?hideHeader=true&showinstanceDetails=false&frominstances=true 7/ 73 5/18/23, 11:16 AM elb iite „zelltalhnoinnewatclhi„ca)irn Own or (Beirut Own Rent r nirxneir iiall IPirolpeirty * INu rnnlbeir of 1 I r nlplloyee * 'Tylpe of I usiiilne * II -Nome Watch Services Application Evaluation IDescrilp-tiono-fYouir Conduct viisn.uall inspections of a Iholrme or property, hooking for Business* obviious issues. We irnalke the hnoirmeowlnelr aware of 'these issues and follow the client's iinstiructiions iregairdiing a resolution and cu.uire for them. �P IIS SEC T DESCRIPTION IYairlketiiun/1.- Please select all the eligible uses you are seeking grant reimbursement for Commerce Eligible Development of a irmairlketiiing/sociiall media plan Uses * IDesiign of irnairketiincg materials and content Welbsiite design Web plrolrnnotiions (e.g.. IFacelboolk ads) IPrint and 'TV advertisements Social) nnediia devellopirnnent and assiistairnce Marketing colnsulltants IBrand and logo, design IE-cormlrmeirce software and development Equipment to support innarlketiiing efforts Otlhelr (Project ICDe criilptiion * Provide a detailed description of your marketing/e-commerce project. Create a strong website with search engine optiilrmalliizatiion iresullt.s„ Sociall media presents. IMarketing irnateiriialls: Ibrochure, business cards and door siigins„ Projec-t Ilimlpact* Provide a detailed description of how this project will impact your business Spread the word, tlhat we are (here hellp with piece of Irrrniind for tlheiir Ihormes or properties while tlhey are away„ We are their eyes and ears wlhen tlhey are snot there. https://Ifweb.bbfl.usIForms/form/submission/history/78848/142203?hideHeader=true&showinstanceDetails=false&frominstances=true 8/ 74 5/18/23, 11:16 AM Application Evaluation IProyec-t" 'To -tall Coat* $ 2,250„00 raint Arnouint Maximum amount is $2,500 I eque ted * 2500„00 Itiirinated What is the estimated project completion date? ConnIplletiioin IDate* 6/1/2023 ADDITIONAL IIINIFOIRIMATIIOIN Other IPirogirar n * Are you applying for additional loan/grant assistance under any other program(s) offered by the City of Boynton Beach or BBCRA? Yes INo IRequilired Documents -9 IForim * For a copy of a blank W-9 Form click this link. Zellta Il lerrrne Watch (9)„Ipdt 125„581KIB Click, here to download a blank W-9 (Form. 1Bu,uaiirnes 'Tax Copy of City of Boynton Beach Business Tax Receipt I eciielp-t* E3oyinton E:3eadh ..t.c-ix Receipt 05032023..pdf 1 „2t31MIB IPiroyect liudget* Please provide a detailed project budget. The project budget must provide a cost breakdown of each eligible use and a total cost of the project. Zellta Ihome Watch site II=:1Iroposall 05032023„pdt 060„94IKIB eirndoirQuote(s) * Vendor quote(s) for eligible uses Zellta Ihoirrne Watch site II:°'iroposall 05032023„pdt 000„94IKIB IApplication Date* 5/3/2023 https://Ifweb.bbfl.usIForms/form/submission/history/78848/142203?hideHeader=true&showinstanceDetails=false&frominstances=true 9/ 75 6.D Consent Agenda 06/6/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/ 6/2023 Proposed Resolution No. R23-070- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program, for Margo's Kitchen, LLC. Requested Action by Commission: Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for Margo's Kitchen, LLC. Explanation of Request: The City's Marketing and Digital Connectivity Small Business Grant Program was created to provide eligible new and existing small businesses with a reimbursable grant for expenses associated with marketing and/or developing an e-commerce platform. City staff has received a complete grant application from Margo's Kitchen, a restaurant located at 4735 N. Congress Avenue, Boynton Beach, FL 33426. The applicant will utilize the grant funds for a development and distribution service to create: - Website - Branding design - Social Media How will this affect city programs or services? Approval of this application will allow the City's Division of Economic Development to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. Fiscal Impact: The City has budgeted $25,000 for the Marketing and Digital Connectivity Small Business 76 Grant Program in FY 22-23 via account 001-2419-559.49-68. Margo's Kitchen, LLC will receive $2,500 from those budgeted funds. Attachments: Resolution approving Marketing and Digital Small Business Grant Funding (Margo's Kitchen) Grant_Agreement_Margc_s_Kitchen_LLC Application Margo's Kitchen LLC.pdf 77 1 RESOLUTIONNO. R23 -070 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 5 GRANT AGREEMENT FOR THE MARKETING AND DIGITAL 6 CONNECTIVITY SMALL BUSINESS GRANT PROGRAM FUNDING IN THE 7 AMOUNT OF $2,500 FOR MARGO'S KITCHEN, LLC; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 11 WHEREAS, The City's Marketing and Digital Connectivity Small Business Grant 12 Program was created to provide eligible new and existing small businesses with a 13 reimbursable grant for expenses associated with marketing and/or developing an e- 14 commerce platform; and 15 WHEREAS, City staff has received a complete grant application from Margo's 16 Kitchen is a restaurant located at 4735 N. Congress Avenue, Boynton Beach, FL 33426; and 17 WHEREAS, approval of this application will allow the City's Department of 18 Economic Development and Strategy to help local small businesses improve the quality 19 and effectiveness of their marketing to help reach a broader market. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 21 OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 23 as being true and correct and are hereby made a specific part of this Resolution upon 24 adoption hereof. 25 Section 2. The City Commission approves and authorizes the City Manager to 26 sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant 27 Program funding in the amount of $2,500 for Margo's Kitchen, LLC, a copy of which is 28 attached hereto and incorporated herein as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. 30 S:\CA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (Margo's Kitchen) - Reso.Docx 78 31 32 99 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 62 63 64 65 PASSED AND ADOPTED this 6th day of June, 2023. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor— Thomas Turkin Commissioner — Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE ATTEST: Maylee De Jes6s, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) YES NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (Margo's Kitchen) - Reso.Docx 79 CITY OF BOYNTON BEACH GRANT AGREEMENT THIS AGREEMENT is made this day of , 2023, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and Margo's Kitchen, LLC., hereinafter referred to as "Grantee." WITNESSETH: WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth within the CITY's municipal boundaries; and WHEREAS, The City of Boynton Beach Marketing and Digital Connectivity Small Business Grant program provides City funding to support new and existing small businesses with marketing and/or developing an e-commerce component to their business; and WHEREAS, the CITY has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms of this Agreement. WHEREAS, in order to justify the expenditure of public funds and secure the public's interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations pursuant to the CITY's grant program. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: I. GRANTEE'S PERFORMANCE OBLIGATIONS A. GRANTEE agrees that it will perform the business activities as more specifically set forth in GRANTEE's Grant Application. Representations contained in the Application are deemed material representation of the GRANTEE and failure to expend the grant funds as set forth in the CITY'S grant program constitutes a breach of this Agreement. GRANTEE agrees that it is solely liable to the CITY for performance under this Agreement, and that, in the event of default as solely determined by the City, GRANTEE will, as more specifically set forth herein, refund to the CITY monies paid pursuant to this Agreement. 1 80 B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission. II. PAYMENT PROCEDURES, CONDITIONS A. The Grant funds available pursuant to this Agreement will be paid by the CITY to the GRANTEE only after the GRANTEE provides the documentation as required by the CITY. B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the funds upon giving written notice to the GRANTEE, and/or terminate this Agreement and the CITY shall have no further funding obligation to the GRANTEE under this Agreement. C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The GRANTEE shall also be liable to reimburse the CITY for any lost or stolen funds. D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the CITY and the CITY shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by the CITY and GRANTEE, its successors or assigns in interest, agrees to be bound by the CITY's determination. E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be repaid by delivering to the CITY a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days of the CITY's demand. F. All corporate or partnership officers and members of GRANTEE are individually and severally responsible for refunding grant funds to the CITY in the event of a default. G. The above provisions do not waive any rights of the CITY or preclude the CITY from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the CITY's right to be repaid in the event the GRANTEE fails to comply with the terms of this Agreement. E 81 III. DEFAULT/TERMINATION A. In the event that a party fails to comply with the terms of this Contract, other than payment of funds, then the non -defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non -defaulting party. B. In the event that the defaulting party fails to cure the default, the non -defaulting party shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. IV. REIMBURSEMENT REQUIREMENTS GRANTEE agrees to submit the required reimbursement documents to the CITY within the specific timeframe set forth in the CITY'S grant program. V. GRANT AMOUNT The total grant is Two Thousand Five Hundred Dollars ($2,500). VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The CITY may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by City staff or an independent auditing firm employed by the CITY at any time the CITY deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Grant Agreement shall be submitted to the CITY if requested. VII. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the CITY without liability, in addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under this Agreement. 3 82 VIII. INDEMNIFICATION The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CITY in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CITY, its respective agents, servant employees or officers, nor shall the liability limits set forth in section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. IX. RESERVED X. AVAILABILITY OF FUNDS The CITY's obligation to pay under this Agreement is contingent upon having funds budgeted and appropriated by the City of Boynton Beach City Commission. XI. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. XII. CIVIL RIGHTS COMPLIANCE 83 The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XIII. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such parry or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XIV. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XV. ENTIRE AGREEMENT The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. XVI. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the CITY shall be mailed to: John Durgan, Economic Development Manager 84 City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6010 Facsimile (561) 742-6011 with a copy to: Michael Cirullo, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd, Suite 200 Fort Lauderdale, FL 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 and if sent to the GRANTEE shall be mailed to (current official address): 4735 N. Congress Avenue, Boynton Beach, FL 33426 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY By:_ Print: Name: ATTEST: Maylee De Jesus, City Clerk APPROVED AS TO LEGAL FORM: Office of the City Attorney GRANTEE Margo's Kitchen, LLC. By: _ Print: Title: ATTEST: Print Name: Title: (CORPORATE SEAL) 85 EXHIBIT "A" City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Program Overview Marketing is your business' way of communicating, delivering, and exchanging information about your company to an audience. It's your opportunity to create a narrative about your business that you can showcase to your customers and potential customers. As a small business owner, it's critical to have a marketing plan that can be effectively implemented utilizing different platforms to push your brand with the ultimate goal of generating more sales. With new mediums of communication, available platforms and economic shifts in consumer spending, the City also recognizes the importance of e-commerce for small businesses. E- commerce allows businesses to grow their customer base, generate new sales, and benefit from the shift in shopping from brick -and -mortar to online. Having the ability to process sales directly online builds your customer base and allows your business to reach new customers. Especially during the pandemic, online businesses benefitted as it allowed them to stay connected with their customers as their physical location was shut down. With e-commerce your customers are no longer limited to those who can visit your brick -and -mortar location. The purpose of this grant is to help local small businesses improve the quality and effectiveness of their marketing and help reach a broader market. Available Funding The City's Marketing and Digital Connectivity Small Business Grant was created to support new and existing small businesses with marketing and/or developing an e-commerce component to their business. The City will provide eligible small businesses with a reimbursable grant for expenses associated with marketing and/or building an e-commerce platform for their business. Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. The maximum grant amount is up to $2,500. For the purpose of this grant program the term "project" means the eligible marketing/e- commerce uses for which the applicant seeks grant reimbursement. The grant is awarded on a first -qualified, first-served basis. All applications are subject to City Commission approval. Submitting an application to the program is NOT a guarantee of funding. All applications are subject to funding availability. The City of Boynton Beach reserves the right to approve or deny any 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 of the City's Economic Development Division. 86 Eligibility Requirements • Business must be located within the City of Boynton Beach city limits • Business must have between 1 and 25 employees • Applicant must be a for-profit privately held business. Non-profit organizations and home-based businesses are NOT eligible for funding through this program. • Must be properly licensed by all necessary levels of government and professional associations or agencies, including City of Boynton Beach Business Tax Receipt (BTR). Eligible Uses The City must approve all eligible uses as indicated on the submitted application. Eligible uses for grant funding under this program include, but are not limited to: — Development of a marketing/social media plan — Design of marketing materials and content — Website design — Web promotions (e.g. Facebook ads) — Print and TV advertisements — Social media development and assistance — Marketing consultants — Brand and logo design — E-commerce software and development — Equipment to support marketing efforts Ineligible uses include but are not limited to: — Sponsorship fees — Website hosting/maintenance fees — Staff salaries — Travel and accommodations — Office costs including rent/lease payments *Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. Grant applicants may apply for one or more eligible use. The City reserves the right to approve or deny any use, in its sole and absolute discretion, it determines does not meet the intended goals and objectives of this program. Required Documentation with Application Application packets must include the following documentation: 87 1. W9 Form (included in this application package if needed) 2. Copy of active City of Boynton Beach Business Tax Receipt 3. Written detailed description of your project and budget estimates. The project budget must provide a total cost for the project. 4. Vendor Quotes for eligible uses Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, City staff will place the application on the next available City Commission agenda for review and potential approval. The City Commission can approve or denial any grant application. The City Commission meets on the first and third Tuesday of each month. The schedule for City Commission Meetings can be obtained at www.boynton-beach.org. The applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the grant applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City staff will notify the applicant of approval or denial. Reimbursement Process This program is designed as a reimbursement grant. That is, all project costs must be paid for by the grant applicant prior to the City's funds being released. Grant funds will be reimbursed exclusively for approved projects that have been paid for after the applicant has received notification that their grant application has been approved by the City Commission. Any work/costs associated with the project that was completed prior to receiving grant approval is ineligible for reimbursement. If approved, the applicant will have until September 20, 2023 to submit for reimbursement. The following documentation is required to submit for reimbursement: 1. Invoices, receipts or other acceptable evidence of payment to vendors or consultants that have been marked "paid in full"; and/or 2. Cancelled check(s) showing the front and back of the cancelled check for work that was completed as part of the project. *No cash payments will be accepted as evidence in support of a request for reimbursement. How to Apply Applicants can apply online at whyboynton.com/grants or by contacting the City Economic Development Division at 561-742-6014 or DurganJ@bbfl.us for a copy of the grant application. 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 Application and Guidelines. 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 City of Boynton Beach to any third party. The City 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 is sufficient assurance for the City to award grant funding. Pirogirainn Oveirvilew C 1 T Y 01 F 1AMBiL Clity of In- In Beadh MairIke-til ng In Mglitall in inectri vii- ty Simalill Busltiness Giraint Pirogirairn Oveirviiew Marketing its your business' way of communicating, delivering, and exchanging information about your company to an audience.. It's your opportunity to create a narrative about your business that you can showcase to current and potentiM custorners.. With new mediums of communication, available platforms and economicshifts in consuirrier spending, the Ciity allso recognizes the importance of e-commerce for small businesses.. E-corrimerce allllows businesses to grow theiir customer base, generate new salles, and benefit from the shift in shopping online. Having the ability to process salles diirectlly online builds your customer base by allowing youir business to reach new custorners.. IDuiring the pandemic, onlline businesses benefitted as it allowed them to stay connected with their custorners as their physicM location was slhut down.. The goM of this grant is to Ihellp local) small busiinesses irriprove the qualliity and effectiveness of their marketing to hellp reach a broader market. AvaiiIialblie IFuuinrdiiing The City's IMairketiing and IDiigiitall Connectivity Small IBu.usiiness Grant was created to support smaIll businesses with marketing and/or developing an e-cornirnerce component to their business. The City will provide eligible small businesses with a reinnIbursalble grant for expenses associated with marketing and/or the development of an e.-comirnerce platform for their business.. IEligiblle uses completed and/or paiid for prior to City Commission grant aplprovM will not be eligible for reimbursement.. The maximurn grant amount its $2,500.. The grant is awarded on a first -qualified, first-served basis.. All applications are subject to Ciity Commission approval.. Submitting an application to the program its NOT a guarantee of funding. All applications are subject to funding availability. The Ciity of Boynton (Beach reserves the right to approve or deny any application and to deny payment at any time iif, in its solle and absolute discretion, it determiiinies that the business will not advance the goalls and objectiives of the City's Econornic Development Division. 90 Elligillbillity II uireirneints Efligii1billifty Requirements • (Business must be (located within the Ciity of lBoynton Beach city limits • (Business must have between 1 and 25 employees • Applicant must be a for-profit privately held lbusiness.. Non-profit organizations are NOTeligilble for funding through this program.. • IMust The properly licensed lby all necessary levels of government and professionM associations or agencies, including City of Boynton IBeaclh IBusiiness Tax IReceiipt (IBTIR).. ElHigillblie Uses The City must approve all eligible uses as indicated on the application. Eligible uses for grant funding Under this program include, (but are not limited to:: Development of a rriarketing/sociM rnedia pllan IDesign of marketing materials and content Website design Web prorriotiions (e..g.. Facebook ads) IPriint and TV advertisements SociM irnediia development and assistance Marketing consultants Brand and (logo desiign E. -commerce software and development Any other uses Ciity staff or the Ciity Commission determine will support the goalls and obJectives of the City's Division of Econoirnic Development Ineligible uses include but are riot limited to:: Sponsorship fees Website hosting/rnaimenance fees Staff salaries Travel) and accommodations Office costs including rent/lease payments *Eigible uses completed and/or paid for prior to grant approval) will not be eligible for reimbursement. Grant applicants may applly for one or irnore eligible use.. The City reserves the right to approve or deny any use, in iits sone and absolute discretion, iit determines does riot meet the intended goalls arid objectives of this program.. 91 Add-floinall Information Required Docuirneintatiloin with Application The following documents must be submiitted with your application to The considered complete:: 1. W9 Form (included in thiis appllication package if needed) 2,. Copy of active Ciity of(Boynton Beach 1Business Tax Receipt 3. Written detailed description of your project and (budget estimates.. The project budget irnust provide a totM cost for the project.. 4. Vendor quotes for eligible uses Approval of Funding Request Once eligibility is verified and alj required docurnentation has been submitted, City staff WIJ review the applliication for cornpletion.. Once a complete application is confirmed, a Graint Agreement between the applicant and the Ciity wilJ be placed on the next available Ciity Comirnission agenda for approval).. The City Comirnission can approve or deniA any applicant and/or Grant Agreement at its solle discretion.. The City Commission meets on the first and third Tuesday of each mointh.. The schedule for City Comirnission IMeetings can be obtained at www..boynton.-beach..org.. The applicant vvilJ The notified of Hhe date and tirne their application will be presented to the Ciity Commission. It is recommended that the grant applicant attend the Ciity Commission Meeting in order to answer any questions the Commission may have regarding their application. Ciity staff WIJ notiify the applicant of appirovM or denial.. Refirrilbuirsement Process This prograirn its designed as a reimbursement grant.. That is, a11 project costs rinust be paid for by the applicant prior to the City issuing grant funding. Grant funds WIJ be reirribursed exclusively for approved eligible uses that have (been paid for after the applicant has received notificatiion that their Grant Agreement has been approved by the City Commission. Any worlk/costs associiated with the project cornpleted prior to receiving Grant Agreement approval) ii ineligible for reimbursernent.. If approved, the applicant WIJ have until) September 22, 2023 to submit for reirribursement.. The following docurnents are required to subunit'for reimburseirrient:: • Invoices, receipts or other acceptablle evidence of payrnent to vendors or consultants that Ihave been marked "paid iin fullll"; and/or • Cancelled checlk(s) showiing the front and back of the cancelled check for work that was complleted as part of the project. • Other evidence of payment for work cornpleted as part of the project.. *No cash payrnei1s wilJ be accepted as evidence in support of a request 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 or the grant 1program application and guidelines. NOTICETOTIHIRD PARTIES::The giraint application 1pirogirairin does inot create any iriiglhts -for airry pairtles, including Ipairtiiesthat 1peirfoirirned work oin the 1piroject.. Noir shall Issuance olf a giraint iresuallt In airry obligation oin -the 1pairt o -F the City of Boyintoin Beach to any thilird Ipairty.The City iis inot requilired -to veiri-Ify that entities that have contracted with -the applicaint have beein Ipaiid iirn full, or that such entities have Ipaiid any subcontiractoirs In full., Applicant's wainrainty thiat all Ibiilllls irellated -to the Project -for which the applicaint iis directly ires 1po iris I ble iis suMicleint assuiraince -Ifoir the City to awaird giraint funding., 92 IBUS11INIESS II IN IF IRIMAT110I Boyirnton Beach �MARG0 S KVTCHEN LLC Bushiness IMairne Postal / Zip Code Bushiness ILegall 33426 IMaime, iiff diiffifeireint than albove 1Boyntoin Beach Street Address Bushiness Addires;s* 4735 N CONGRESS AVENUE Address Line 2 City State / Province / Region IBOYNTON (BEACH ISL Postal / Zip Code Country 33426 USA Bushiness IMaiilliiung Street Address Addiress, iif diifffeirent ffirorn Iplhnysiieall Address Line 2 City State / Province / Region Postal / Zip Code Country USA Bushiness LYNCDAMONCDEM Ow n e it/IIS id nn e ii Ipa II IManne * Gran& Alplplliieatiiron CECT Coirntaet IPersoin/" itIle Il11h one INkAirnnlbeir* IErnaiill * rnargoskitchen63(a grnaiLcorn elbsiite Own or Reint Own el, IRent Comirneirciiall IP rolpenffy? * 93 IM u irn The ir of '12 ErnpIlogees * Type of Busifiness * RESTAURANT Descidiption of Your SEAT DOWN DVNNG Busiiiness* P11FROJECT IDIESCIRIHIPTIOIN Marketifing/lE.- Please select all the eligible uses you are seeking grant reimbursement for Cornimerce ILlliigiilblle Development of a rnarketing/sociall media pllan Uses e Design of marketing materials and content Website design Web promotions (e.g. IFarebook ads) Print and TV advertisements e Sociall ifnedia development and assistaince Marketing consultants ,e Brand and Ilogo design E-cornmerce software and development Equipment to support marketing efforts Other Project IDesciriiptiioin * Provide a detailed description of your marketing/e-commerce project. V will be creating website, social media, loya[ty programs, business listing and reviews. Project Ilimlpact* Provide a detailed description of how this project will impact your business my project can put my restaurant in front of millions of potential customers and growth can be exponential. Project'sTotall Cost* $ 2,621.00 Grant Arnount Maximum amount is $2,500 Requested* 2,500 Es-thmated What is the estimated project completion date? CornplIetion Date* 5/30/2023 ADDITIONAL 11INII-011RIMAT110IN Other, Progirainns* Are you applying for additional loan/grant assistance under any other program(s) offered by the City of Boynton Beach or BBCRA? rl Ye S Ido Addiflionall IPirogirarrms Please name and describe the additional program(s). commercial property improvement forgivabVe loan program. 94 Required IDocu.ulrTents W-9 Forrn For a copy of a blank W-9 Form click this link. UpWd \N9 new rest . pd f 1.91 NAB Click here to download a bllank W-9 Form, Business'Tax Copy of City of Boynton Beach Business Tax Receipt Reciieplt* UpVoad Business tax ireceipt.pdf 1.451WIB Project Budget* Please provide a detailed project budget. The project budget must provide a cost breakdown of each eligible use and a total cost of the project. UpVoad Invoice for branding pdf 97.8711KB Invoice for web. pd f 1.93MB Vendoir Quote(s) Vendor quote(s) for eligible uses UpVoad Invoice for branding pdf 97.8711KB Invoice for \Ateb, pd f 1.93MB Signature AppIlication IDate* 5/5/2023 95 6.E Consent Agenda 06/6/2023 Piggyback the Brevard County Contract with SP Designs for the purchase of uniforms for the City's general employees. Requested Action by Commission: Approve piggyback of the Brevard County Contract 6- 5-22-25 with SP Design for the purchase of Uniforms for the City's general employees on an as needed basis, with an estimated annual purchase of $95,000. The Brevard County's procurement process satisfies the City's competitive bid requirements. Explanation of Request: Contract Term: July 26, 2022 thru June 25, 2024 The Brevard County contract offers a percentage discount with SP Designs to purchase uniforms such as polo shirts, t -shirts, shorts and pants for the City's general employees. The uniforms will be purchased and stocked at the Warehouse. The contract allows for three (3) additional one (1) year renewals. How will this affect city programs or services? Approval for the use of this contract will allow for the purchase of uniforms for the City's general employees. Fiscal Impact: Funds are budgeted and available for account 502-1412-513-0100 in the amount of $95,000. Expenditures for FY 20/21 were $41,799.97 Expenditures for FY 21/22 were $57,937.38 Expenditures for FY 22/23 to date are $47,895.54 Increase in spending include rise in purchases of polos and change in uniforms for Public Works and Utilities. Attachments: Award Letter with Discounts Renewal Letter.pdf 96 Vim Purchasing Services Purchasing Services 2725 Judge Fran Jamieson Way Building C, Room 303 Viera, Florida 32940 NOTICE OF AWARD July 26, 2022 B-5-22-25 / Printed and Embroidered Staff Apparel P OCUREMENTN LY I. Heather K. Beaudry VENDOR VENDOR CITY AND MEETS MINIMUM ITEMS AWARDED DISCOUNT PERCENTAGE STATE REQUIREMENTS Express Press Springfield, MD YES Embroidery & Screen 25% Printing Good Vibes Apparel, Merritt Island FL YES EmbroideryM& Screen �20% LLC Printing SP Designs & Mfg, Inc. Cape Coral, FL YES Embroidery & Screen 20% _ Printing UniformWizard Kissimmee, FL YES Embroidery & Screen _ 15%,15%,20% — Printing artLab, LLC Palm Bay, FL YES Screen Printing 10% ............_______ Art of Life Wellington, FL YES Embroidery &Screen 5o �O Printing DCP Holdings, Inc Lakeland, FL Statement of No Bid ❑ BOARD AWARD --AGENDA ATTACHED ® APPROVED AWARD (NON -BOARD AGENDA): (Per Sections III.E. & 111.1. & J., BCC -25, PROCUREMENT) Mary 6 wers, Procurement Manager ❑ Award to overall lowest, most responsive bidder, minimum three responses received„ ❑ Award to other than low, with low bid being non-responsive. ❑ Award to low bid, less than three responses received. AWARDED BY A COMMITTEE CONSISTING OF: Richard Tucci — Operations Manager; Jill Hill — Maintenance Storekeeper; Heather K. Beaudry — Procurement Analyst. EOR P ❑ ONE-TIME PURCHASE ® ANNUAL SID: EFFECTIVE DATE: July 26, 2022 ENDING DATE: July 25, 2023 RENEWAL OPTION ❑ One year ® Four (4) one-year renewals ❑ Prompt Payment Discount Offered ❑ Yes (Terms) ®NO ❑ Performance and payment bonds received with construction contract documents„ ❑ Release Cashier's or Certified Check Received for Bid Deposit on Bids SPECIAL INSTRUCTIONS TO AWARDED VENDOR: ® Please provide certificate of insurance„ ® Please provide W-9, 2018 version. Phone (321) 617-7390 • httP://www.brevardfl.gov/CentralSerAces/Purchasing 97 revard t� 01 U i'll 11 ^V centfal Services Florida's Space Coast Purchasing Services 2725 Judge Fran Jamieson Way, Suite C303 Viera, FL 32940 Telephone (321) 617-7390 Facsimile (321) 617-7391 May 1, 2023 Ms. Donna Williamson SP Design Mtg, Inc. 1215 SE 1th Street Cape Coral, FL 33990 Email: Sonyar@spdesignsmtg.com Dear Ms. Williamson; This letter is to notify you of the intent to renew B-5-22-25 Printed Embroidered Staff Apparel. The effective dates of this renewal will be 6/26/2023 to 612512024. If SP Design Mtg, Inc. is interested in renewing this bid under the same terms, prices and conditions, please respond by signing to the understanding of the renewal for B-5-22-25 Printed Embroidered Staff Apparel. A new purchase order will be issued to you to cover the renewal period, if so agreed upon. Acceptance of this renewal offer constitutes understanding that Brevard County requires all Contractors issued a Purchase Order to be enrolled in the U.S. Department of Homeland Security's (USDHS) E -Verify program. Brevard County requires confirmation that your company is a participating employer. Brevard County will verify your company's enrollment via the USDHS website. If unable to be located, Brevard County will request confirmation that your company has recently enrolled, via the Memorandum of Understanding, submitted to our Office. Brevard County is unable to renew term agreements with any Contractor who does not participate in the E -Verify program. �ZM 5'0 /'7 of SP Design Mtg, Inc. agree to renew subject contract through --ZO?f, under the terms, pricing and conditions as outlined above. If SP Design Mtg, Inc. is not interested in renewing this contract, please complete and sign the following statement: 98 Page 2 -- Renewal Letter SP Design Mtg, Inc B-5-22-25 Printed Embroidered Staff Apparel I, , of SP Design Mtg, Inc. do not agree to renew subject contract. Please share why, so we can better consider the perspective of our business partners. Authorized 4endortvignature Date If renewing, you are required to submit your updated insurance certifications naming the Board of County Commissioners as the other insured. The certificates of insurance are required to be returned with your acceptance of this notice. Brevard County reserves the right to re -bid all items on this bid if all items are not received for the renewal. Brevard County looks forward to continuing this relationship with your company. As always, if you have any questions, contact Angel Boss at 321-617-7390. Please email your response within five (5) business days to Erica Kirlew at erica.kirlewp_brevardfl.gov. Your timely attention to this matter is greatly appreciated. Sincerely, Digitally signed by Bowers, Bowers, Mary ""a" Gate: 2023.05.0114:59:53 -04'00' Mary Bowers Purchasing Manager 99 6.F Consent Agenda 06/6/2023 Proposed Resolution No. R23-071- Assignment Agreement to change the business name of Granite Inliner, LLC to Inliner Solutions, LLC. Requested Action by Commission: Approving and authorizing the City Manager to sign the Assignment Agreement changing the company/firm name from Granite Inliner, LLC to Inliner Solutions, LLC. The Agreement is based on services provided for Request for Qualification RFQ No. UTL22-013 Cured -In -Place Pipe Lining pre -qualified contractors. Explanation of Request: On April 19, 2022 by Resolution R22-059, Commission approved the authorization of the Interim City Manager to sign contracts with 3 pre -qualified top ranked contractors for the Request for Qualification RFQ UTL22-013 Cured -In -Place Pipe Lining in various areas of the City on an as -needed basis. The City entered into the contract with Granite Inliner, LLC. Granite Inliner, LLC is now known as Inliner Solutions, LLC. How will this affect city programs or services? The name change request will have no affect to City programs or services. Fiscal Impact: There's no fiscal impact as a result of this approval. Attachments: Resolution approving Assignment Agreement (Inliner Solutions) Boynton Beach & Inliner Solutions, LLC Assignment Agreement - Contractor Signed Granite Inliner, LLC to Inliner Solutions, LLC - Assignment Agreement Backup Docs Resolution R22-059 - Cured -In -Place Pipe Lining Executed Contract R22-059 Cured -In -Place Pipe Lining - Granite Inliner 100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. R23-071 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE ASSIGNMENT AGREEMENT CHANGING THE COMPANY/FIRM NAME FROM GRANITE INLINER, LLC TO INLINER SOLUTIONS, LLC. THE AGREEMENT IS BASED ON SERVICES PROVIDED FOR REQUEST FOR QUALIFICATION RFQ NO. UTL22-013 CURED -IN-PLACE PIPE LINING PRE -QUALIFIED CONTRACTORS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 19, 2022 by Resolution R22-059, Commission approved the authorization of the Interim City Manager to sign contracts with 3 pre -qualified top ranked contractors for the Request for Qualification RFQ UTL22-013 Cured -In -Place Pipe Lining in various areas of the City on an as -needed basis; and WHEREAS, the City entered into the contract with Granite Inliner, LLC; and WHEREAS, the City has been notified that Granite Inliner, LLC is now known as Inliner Solutions, LLC; and WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to approve and authorize the City Manager to sign the Assignment Agreement changing the company/firm name from Granite Inliner, LLC to Inliner Solutions, LLC. The Agreement is based on services provided for Request for Qualification RFQ No. UTL22-013 Cured -In -Place Pipe Lining pre -qualified contractors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 25 BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. S:ACAAPESOAAgreements\Assignment Agreement (Inliner Solutions) - Reso.docx 101 29 Section 2. The City Commission does hereby approve and authorize the City 30 Manager to sign the Assignment Agreement changing the company/firm name from Granite 31 Inliner, LLC to Inliner Solutions, LLC. The Agreement is based on services provided for Request 32 for Qualification RFQ No. UTL22-013 Cured -In -Place Pipe Lining pre -qualified contractors, a 33 copy of the Assignment Agreement is attached hereto and incorporated herein as Exhibit "A". 34 Section 3. This R 35 36 PASSED AND ADOPT 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 56 Maylee De Jesus, MPA, MMC 57 City Clerk 58 59 60 (Corporate Seal) 61 62 63 64 65 esolution shall become effective immediately upon passage. ED this 6th day of June, 2023. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACAAPESOAAgreements\Assignment Agreement (Inliner Solutions) - Reso.docx 102 CAW nerw�, TAFMIMON] City of Boynton Beach 100 E. Ocean Ave J; r;1mang Inliner Solutions 4520 North State Road 37 Orleans, IN 47452 812,865 3232 IVA 11.1 . INT -1 . I 1111M. M-011111111 con rac! s necessary Tor Me conituct OT Me UU[T1par1J 5 allall Z5 1,111H rtjb�11C(;I. UUJZ551* I =I execution of construction project bids, bid proposals, bid addenda and all other bid -related documents prepared and submitted on behalf of the Company relating to any and all domestic construction projects arising out of the Company's operations. Further, under Company policy, I am authorized to and hereby delegate my authority to bind ft Company to Daniel Banken, Area Director with the Company, for the purpose of submitting a bid for the above -referenced project. 103 ASSIGNMENT Qualifications AGREEMENT Solicitation Name: "Request for — Cured -In -Place Pipe Lining RFQ # UTL22-013 This Assignment Agreement ("Agreement") to RFQ # UTL22-013 (the "Contract") is entered into by Granite Inliner, LLC ("Assignor"); Inliner Solutions, LLC, an Indiana Corporation ("Assignee"); and the City of Boynton Beach, a municipal corporation organized and existing under the laws of the State of Florida ("City"). Assignor, Assignee, and City are collectively referred to herein as the "Parties." WHEREAS, the Assignor entered into the Contract with the City on April 19, 2022; and, WHEREAS, the Assignor now wishes to assign all its rights and obligations under the Contract to Assignee; and, WHEREAS, the "ASSIGNMENT" section Article 16 in the Contract between the City of Boynton Beach and Granite Inliner, LLC requires express written consent of the City to assign this Contract; and, WHEREAS, the Assignee represents that it can assume and fully perform the Assignor duties under the Contract. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Contract shall be amended as follows: 1. The above recitals are hereby incorporated into this Agreement. 2. The Assignee accepts and agrees to be bound by and fully perform all of Assignor's Contract obligations, duties, and responsibilities, and to abide by all terms and conditions specified in the Contract in the name of Assignor. Flmff�� ErnallrZT-2 nowrilrownflREG= �� Assignor under the Contract as if the Assignee was the original party to the Contract. 4. The Assignor waives all rights under the Contract as of the effective date of this Agreement. 5. The Parties agree that this Agreement operates as an assignment of the Contract, establishing a new contractual relationship entered into by and between the City and Assignee. 6. The City consents to the assignment. The City, in executing its consent to this Agreement, does not release Assignor from any claims or remedies it may have against Assignor arising prior to the effective date of the assignment of the Contract. 7. The Assignee, by this Agreement, becomes entitled to all rights, titles, and interests of the Assignor in and to the Contract as if the Assignee were the original party to the Contract. 8. The effective date of this Agreement shall be the date of the final signature to this Agreement. (0056x0657.1 306-9001821 ) 104 ASSIGNMENT AGREEMENT Solicitation Name: "Request for Qualifications - Cured -In -Place Pipe Lininw- RFQ # UTL22-013 • This Agreement is hereby made a part of this Contract. To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other • of the Contract remain in full force and effect. 10. This Agreement sets forth the understanding between the Parties regarding the subject matter hereof. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective Party. 11. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 12. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement. Facsimile and pdf signatures shall be considered to be originals. (00564857.1 306-9001821 ) 105 ASSIGNMENT AGREEMENT Solicitation Name: "Request for Qualifications — Cured -In -Place Pipe Lining RFQ # UTL22-013 IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives. ZMEEMEMBUS =-, Title: City Manager Date: {00564857.1 306-9001821 ) Assignor: G it Inliner,LLG, ro, By: Title: Area Director Assignee: I r LC By: .0 - *0.0.-N Title: Area Director Date: 05/10/2023 a 0. 106 Form W, an 9 Request for Taxpayer Give Form to the Fay. October 2018) Identification Number and Certlflcatlon requester. Do not � of ilia Tneeeury P* GO to wwIW-h-Mg0v1F0=LW for Instructions and # latest est information. Send to the IRS. I Name (as shown on your income tax return), Name Is required on this 0QW;G Flea- this Inliner Solutions, LLC -'� 2 Btnstrxses name/d� ended eisi name, N different frgrtt above --- — - - - -°- — ------------ . ..... - — ------- -- - -- - 3 Check appropriate box for federal tax classification of ft person whose name is entered on line 1. Check only one of the 4 &enVtons (codes apply only to fblkn�l seven boxes. certain entities, rot individuals; sea - 0 ❑ WWWUaVeale proprietor or 1:1C Corporation 0 8 Corporation 0 Partnership ❑ Trusttestatg instructions on page 3)- single -member LLC Exempt payee code pf any) Limited liability company. Enter the tax dassitAmitlon (C=C corporation, S=S corporation, P=PartnemNp) b, C 0 Note, Chock the appropriate box In the tine above for the tax classification of the single -member owner. Donot Check Exemption from FATCA reporting '91 LLC N the LLC Is daa3WOd as a single-mOrnber LLC that Is disregarded from the owner unless the owner of the LLC js M another LLC #W is not disregarded from the owner for U.S. federal tax purposem otherwi ngle. be hot Code (if any) OL 0 80,081 mem r LLC t Is dismardled from the owner alhould check the appropriate box for the tax OWWWatlon of its owner. El Other Iwo instnictions) 0� Uad 6 Address (rwmber, street and apt. ar no.) See frratrirctbrs, .............. L .4520 North State Road 37 LIiiiWa7ria;o and a" i"a ' ", &'—)dZ"1-P -cod a"— Orleans. IN 47452 ........ . . ....... . . ....... ir"#pyer 1 entification Number IN . . ................ . .. . . . . ...... ... . . .. . ........ Enter your in the alpPrOlpristS box, The TIN provided must match the name given on lkle 1 to avoid backup withholding. For individluals, this Is generally your social security number (&W, However for a resident a0en, sole proprietor, or disregarded a", ass the Instructions (or part 1, War, For Other, entitles, it is your employer idleniffication number (EIN). If you do not have a number, see Now to gets 77N, later. or Note: If the account is in more than one name, see the instructions for line 1. Also age What Name and on num-b"e'r ........ . .. .. = Number To Give H* Requester for guidelines on whose number to enter. 11 6 .. . . . ....... . . . . ........... o F- Fo T' .... . ..... 2 ' Under penalties of Perjury, I comfy that. 1. The number shown on M form Is M corned taxpayer identification number (or I am waiting for a numbor to be Issued to me), and 2.1 am not avb*4 to backup withholding because: (a) I am exempt from backup withholding, Or (b) I have not been nofl%d by the Internal Revenue Service QRS) that I am subject to backup withholding as a result of a failure to report all interest Or ChVkkWKIS. Of (c) the IRS hag houtiad Me that I am no longer subject to backup withholdfing-, and 3. 1 am a U.S. citizen or other U.S. person (definad belovv); and 4. The FATCA Code(s) entered on this form fif any) Indicating that I am exempt from FATCA reporting is correct, Certification Instructions, You must cross out Item 2 above it you have boon notified by the IRS that You are currently "act to bacAup withholding because you have Wad to report all Interest end dividends on your tax return. For real estate transections, Item 2 does not apply. For mortgage interest paid, acquisition or abandoriment of secured property, cancelflation of debt, contributions to an indMdUW rettrornont arrangement ORAL and generally, payments other than Interest and elivider0s, you are not required to Wr the cartificatIM but You must Provide your correct TIN. See the instructions for Part 4, later. . . . . ........... . -- — -------- . ...... . .. . . . ........ 1"" - Wougg Signature Of Hem � U-&perso"O' General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future dovok4xvients. For the latest Information about developments related to Form W-9 and its instructions, such as legislation enacted she( they were Published, go to wwwJrs.9ov1Form". An Individual or entity (Form w-9 requester) who Is reqdrad to file an Information return with the IRS must obtain your correct taxpayer Identification number MN) which may be your social security number ", Individual taxpayer kientiftation number (1TIN), adoption taxpayer identification number (ATIM, or employer Identification number (FJN), to report an an information return the amount Paid to you, or other amount reportable on an Information return. Examples of Information returns Include, but are not 11miled to, the folloveling. a Form 1099 -INT (interest earned or paid) Date ► * Form 1099 -DIV (divIdends, including those from stocks or mutual fundis) w Form I 099-MISC (various types of Income, Prizes, awards, or gross proceeds) 0 Form 1099-8 (stock or mutual fund sales and certain &tw ti,ansactlons by brokers) • Form 10$9-S (Proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form I 099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S. Person (including a resident alien), to Provide your correct TIN, ffyou do not return Form W-9 to the requester with a 771V, you might be W*act to backup v4thhokft. SOO What is backup withholding, later. Cat. No. 10231X Form W-9 Vkw. 10-2016)' 107 Farm W-9 (PAV. 10-2018) Pago 2 By signing the filled -out form, you: 1. Certify that then N you are giving is correct (or you are waiting for a number to be 199LK4, 2. C&-* that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If 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 withholding tax on foreign partners' share of effectively connected incorne, and 4. Certify that FATCA code(s) entered on this form Of any) indicating that you are exempt from the FATCA reporting, Is correct. See ~ is FATCA reporting, later, for further Information. Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person 9 you are: • An individual who is a U.S. cifizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized In the United States or urKkw the laws of ft United States; * An astate (other than a foreign estate); or a A domestic trust (as defined in Regulations section 301.7701-7). Special ruses for parkmahips. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable Income from such business. Further, in certain cans where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner Is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding an your share of partnership Income. In the cam below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of not Income from the partnership conducting a trade or business in the United States - o In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity, a In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and s In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust, Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonneekliarit atlen who becomes a resident afien. Generally, only a nonresident alien Individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a 'saving clause." Exceptions specified In the saving clause may permit an 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. If you are a U.S. resident alien who Is relying an an exception contained In the savirV clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you =at attach a statement to Form W-9 that specifies the following five Items, 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) In the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of Income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article, ExampAL Article 20 of the U.S. -China Income tax treaty Mows an exemption from tax for scholarship income received by a Chinese student temporarily present In the United States. Under U.S. law, this student will become a resident alien for 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 3D, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and Is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship Income would attach to Form W-9 a statement that Includes the infonnation described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What Is backup withholding?' Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This Is called 'backup withholding." Payments that may be subject to backup withholding include Interest, tax-exempt interest, diviclands, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made In settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable Interest and dividends on your tax return. Payments you receive will be sut4ect to backup withholding It 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Instructions for Part N for detalls), 3. The IRS tells the requester that you furnished an Incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax rartum, (for reportable interest and dividends only), or 5. You do not cattily to the requester that you are not subject to backup withholding under 4 above (for reportable Interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more Information. Also we Special rules thrpartrwships, earlier. What is FATCA Reporting? The I~ Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United Stories pawns. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more Information. ,117,oMZ;JL-Mr17 You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments In the future from this person. For example, you may need to provide updated information if you we a C corporation that elects to be an S corporation, or 0 you no longer are tax exempt. In addition, you must fumish a new Form W-9 it the name or TIN changes for the account; for example, If the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of S50 for each such failure unless your failure Is due to reasonable cause and not to willful neglect. Civil penalty for false Information with respect be withilholcling. ff you make a false statement with no reasonable basis that results In no backup withholding. you are subject to a $5111 penalty. 108 5/10/23, 8:21 AM Detail by Entity Name ' f'/' r5ju»I fjj Ao p r usw�xmfill chd jhv�' (") "lowhi 0alff, �jgj'p'�-uJfrmt' of State, / )Nlslon yf / Sea m'h / scar ch L)y Lil�ty - 4�,_��,w,G,r��oui„�n / IIIA IIEtIity Narne Foreign Limited Liability Company INLINER SOLUTIONS, LLC EUjng Information Document Number M02000001646 FEIIEIN Number 01-0684682 Date Filed 06/21/2002 State IN Status ACTIVE Last Event LC AMENDMENT Event Date Filed 03/30/2023 Event Effective Date NONE PrIncIRaLAdAr-m 4520 N. State Road 37 Orleans, IN 47452 Changed: 02/28/2023 Mailing Address 4520 N. State Road 37 Orleans, IN 47452 Changed: 02/28/2023 &gLsjqrqagent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Authorized Peronn(s)-Da—tall Name & Address Title MGR PURIS NII• 8686 NEW TRAIL DRIVE, SUITE 115 THE WOODLANDS, TX 77381 Annual Flagons Report Year Filed Date 109 gearch.sunbiz.org/Inquiry/CorporabonSearch/SearchResultDeta*tl?inquirytype=EnttyName&direebonType=lnihal&searchNameOrder--INLINERS.,. lie 5/10/23 8:21 AM Detail by Entity Name 2021 04/2212021 2022 06/21/2022 2023 02/28/2023 WPM =_7 Qa/39/�,'Q3 LQ, Arncndiro,rj�, . . .. ..... .......... — .11.1 I'll, I Vk.'Mii'IMgOi1)PINI fICHITIaL AO_ A)IAL� I POR 1, MMV IrTM0.,JID 1111 0"ID11 kMlla� .............. . . . . . . . Oa vv nnape !in FIDIF orrnal I G Po 1 11 1 8� d Ent 91 Ange PF4 funra Q�Z&2021 ANIIJAI, Rl,�j:niK i"i PIDI'' fomint Nhoo inn age in PEA- fiI,.,rvnat . . .. .. .. .. .. ....................... .. .. . . . . . 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Vicv( 1111"aqu in 11DI: forNmfl vn"),vifnage, in PE)IF N)Iwat https:llsearch,sunbiz.org/In quirytCorporabonSearchISearchResultDetail?inquirytype=EnbtyName&directonType=lnlbal&searchNameOrder--INLINERS... 110 DmSMN OP CORPORATIONS r COW [)etall by Einfity Name Foreign Limited Liability Company INLINER SOLUTIONS, LLC Eding Information Document Number FEUEIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date PnnciRW-Addms—s 2601 Stout Heritage Pkwy. Suite 100 Plainfield, IN 46168 Changed: 06/21/2022 M&UW9 Address 2601 Stout Heritage Pkwy. Suite 100 Plainfield, IN 46168 M02000001646 01-0684682 06121/2002 IN ACTIVE LC AMENDMENT AND NAME CHANGE 05/16/2022 NONE Changed: 06/21/2022 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Authorized Perso!j(p) . _Pqtjfil Name & Address Title Manager Inland Pipe Rehabilitation, LLC 1510 Klondike Road, Suite 400 Conyers, GA 30094 111 Annual RePgAg Vomgn iPDF 11 !What Report Year Filed Date 2020 04/22/2020 2021 04/22/2021 2022 06/21/2022 Document Imaga Fla) ,,i00,pa'Ime,' (,p stalUt DMIol of 112 Vomgn iPDF 11 !What maqe In Pl)+ formIA `'Ae),m knage, in FID", focffla� ...... ... ..... . . . A i 1 11 �' DF: rCA ! TW . . .......................... . . . . . . ................... ... Icenal Vow 1 u i iw, e i n il f(,x " laf L. 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From: Kaity Toon TC: Division of Corporations NO C= Fax Number (856)617-6333 r1.3 :X From: X - Account Name C T CORPORATION SYSTEM (w ACCount Number FCAOO000O023 z, Phone (954)208-0845 Fax Number (614)573-3996 .M1 "Enter the email address for this business entity to be used for future M.) annual report mailings. Enter only one email address please." Email Address:, LLC OR NVNIG RESIGN INLINER SOLUTIONS, LLC Flwrollic Vdini! Menu Culpol-ille Filing, Menu Help 113 rtificate of' Status o C'e"rtil'wd C4)l1\ f S5oo K Sgt. . Flwrollic Vdini! Menu Culpol-ille Filing, Menu Help 113 `o. Papa: 4 of 5 2023.03"29 t+t:02.33 POT 59548277645 APPLICATION RY FOREIGN LIMITED FILE MENU1IE\T TO CERTIFICATE OF AUTHORITY TCT TRANSACT BUSINESS Iiti FLORIDA SUMON 111-4 mutt Ire ctrrripltted) 1. Nawe ofhinited liabiiiry Conlpany as it appear;: on rite records of the Florida Depar•entent of State I` LINi'R •,t7l.WIONS. LLI. Ether nc%r principal office acidtt :s, ii`applicable: (Pr•inyipal nlltt'g Lid •sy . 1fS ?E, A Srkrr a1N) YS) Eatter new niailink; addicss, ifapplicable 1f, I ?' BV A WST From: Ka;tY Toon, {ifn.•ultc unavailable, enter alternate name adopted fryr ffic purpose � p aftraltsartut,g bttsincss in Floridah'lorida and attach a Copy of the t.N•rittert consent of the managers or ananaging members adclpting the alternate nature. The alternate nartle nlnst ctrntaain 1 Jnri(ed Liailriiity C01111 lilt "I "LIC." M' ""),I.C.") G. Ifatnending the registered anent and°oz tegistered officer address on our tecur&, enter the tuallic of the_new rye<tergdagctu • n It lox the tee»• registsacii ollice alddry;:s here: — ," i11llC ofi'rw mis crc :1 Cal: ........................................ ,�,m,m,..., New Reki3lered Cillicc Addrec;: �•., lir+rur I.7nrrelu .`+'ler+^1,yr1c1+•r,�:. Florida ('rtt• 7ijr r" rrcle N-cw fwc 4 wrcd •S�,crlt's Siunatttrc if chzutr~itru i cgistcrcd 1 cnr I lievebY occepi the aj7j?niwntew tr; rc,�r�'trrcd c{areut erred lign-er to uc•1 in this c,71vtrrn'. I•,rirrrlrcr usrrcc• m comply trilh the r�rttt�iunns nl"call.cltatrtle�.+ relcrtenr r,i rhe jrrupt�+' cartl et,trilrletc jyrtrtrnturrre '+i rut deltic r, tnttl I curt fivildiew tulle ,rrxl crc'crlrt rhe j'r)�rrirorr tri its j7rnr rdec'!•jur itr f.'Jutjiter• r'M, h;.5' Or, if ibis rlctcurttcru is ht rr{>z lilrtl to reel t t ll" r'ar/1AN:I tr chcrr>ge ttt the- recristtwctl tallic•t' cttUress. I treivir 1, rot! ivit? lhtxt the hnrile(I ltuhilrtl rtnrrjhrrrl tact{ hecti )inti%ied ire tirritirrsa of ilei., clrurn;e. .... ,,....... .... .... ....... ...... ......... ...... � C'haulging Rcgisteted trent. Sixnature of N`ew• Reis creel Amcal 114 ,^'�,. �r r.* ,N-10201100111(-:6 �. i'llt Florida docunlcin nunlhe•r of"this linsitcd liabitity coaupany is: �� �",� �••••• .,,,,,,,,,, - 3. Jut iSallLAiOrlttlILti01-gitn!•lratttrit: IN ,i 4. 17ntc autho67,c4 to dt7 business in Floridn: 06r2 1,'2I102 SEC"")` O [1 (5-9 contpltte only the applicable changes) 5, ]ti Cu name of the litllitcl# liak�ilit�� ec+mpanv': . ......... (must contain '•Uniiied Liahilily C onlllany, " 1-L C-- or *'LLC.") {ifn.•ultc unavailable, enter alternate name adopted fryr ffic purpose � p aftraltsartut,g bttsincss in Floridah'lorida and attach a Copy of the t.N•rittert consent of the managers or ananaging members adclpting the alternate nature. The alternate nartle nlnst ctrntaain 1 Jnri(ed Liailriiity C01111 lilt "I "LIC." M' ""),I.C.") G. Ifatnending the registered anent and°oz tegistered officer address on our tecur&, enter the tuallic of the_new rye<tergdagctu • n It lox the tee»• registsacii ollice alddry;:s here: — ," i11llC ofi'rw mis crc :1 Cal: ........................................ ,�,m,m,..., New Reki3lered Cillicc Addrec;: �•., lir+rur I.7nrrelu .`+'ler+^1,yr1c1+•r,�:. Florida ('rtt• 7ijr r" rrcle N-cw fwc 4 wrcd •S�,crlt's Siunatttrc if chzutr~itru i cgistcrcd 1 cnr I lievebY occepi the aj7j?niwntew tr; rc,�r�'trrcd c{areut erred lign-er to uc•1 in this c,71vtrrn'. I•,rirrrlrcr usrrcc• m comply trilh the r�rttt�iunns nl"call.cltatrtle�.+ relcrtenr r,i rhe jrrupt�+' cartl et,trilrletc jyrtrtrnturrre '+i rut deltic r, tnttl I curt fivildiew tulle ,rrxl crc'crlrt rhe j'r)�rrirorr tri its j7rnr rdec'!•jur itr f.'Jutjiter• r'M, h;.5' Or, if ibis rlctcurttcru is ht rr{>z lilrtl to reel t t ll" r'ar/1AN:I tr chcrr>ge ttt the- recristtwctl tallic•t' cttUress. I treivir 1, rot! ivit? lhtxt the hnrile(I ltuhilrtl rtnrrjhrrrl tact{ hecti )inti%ied ire tirritirrsa of ilei., clrurn;e. .... ,,....... .... .... ....... ...... ......... ...... � C'haulging Rcgisteted trent. Sixnature of N`ew• Reis creel Amcal 114 To: I Page; 6 of 5 202343.29 14:02:30 PD7 1,9548277645 7, l0he amendment changes the jurisdiction fit' ol-pnizal ion, ifidiumc 11m.juristlicliorl: 8, 11* die amentbilent Change., person. title or calmily in acum(Lm cc with 605.0902 0 )f e), indicale that chall _UC: Add and Rcmovc as listed heinw . . ................................ ............... N2iih; Addro ,Um or Aoivn N-1.111agcr Itiland Njx. Rchzibilitation. LLC 442O N. Smic Road 37 ....... —1 0 Add Nlaylagcr Orleans, (N 4".15.1 PUBIS LLC 8086 NcA- Trtil, Drive, Suite 11? 11DAdd The Woodlland-;, *I'X 773X] URemove From: Kaity Toom C= ❑kdd rHI* r-13 nRemove lm --m OlRmove 9, Amched is a certificate, irmlitired: no more than 90 day4 old, evidencing the duly authenticawd by the official having custocly ofwcord.i in die jurisdiction under die lam, ot'whidi this critiv, is omanizcd. ................. �haltt at) Thomas E. Golsegen Typed or printed name of'sipce Filing Fee- 525.00 .1 r: ., - !ou 4 *m !:I W,t... )z I.. I. A-.6 115 Tv -185061'.'6383 Page: 2 of 5 2022-05.16 10:13:57 PUT 19548277645 From: Kaily Too Sh 61122, 12.12 PM Division of Corporabons . . . . . . . . . . . Note: Please print this page and use it as a cover sheet. Type the fax audit number (showit below) on the top and boLloni or all pages of (lie docunient. (((H22000174067 3))) IIIIIIIIIIIVIIIVIIIIlfillllllIlillINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII H220001740653ABC Note: DO NOT hit the REFRESIVREL( AT) button on your browser frena this page. Do ng so wl I I generate another cover sheet. To: From: Division of Corporations Fax Number : (950)617-6383 Account Name C T CORPORATION SYSTEM Account Number FCAM090023 Phone (954)208-0645 Fax Number (614)573-3996 "Enter the email address for this business entity to be used for future annual report mailings. Enter only one email address please." Email Address*_,., LLC AiN-I.*N*I)/IZL,'S'I*,A'I'E/(-*()R[tEC'I'()IZ,,NI/M(.i RESIGN GRANITE INIAINER, LLC Electronic Filim, M I -- cuti colporaw Filing IN'tcou Help 4. 116 htAps:0c141e.S4j(Vbi1 .o rgUd PtS1Cfi1CoVL*Xe . . .. .. ......... S51;.00 rQ colporaw Filing IN'tcou Help 4. 116 htAps:0c141e.S4j(Vbi1 .o rgUd PtS1Cfi1CoVL*Xe Tc; -1850616383 Page: 3 of 5 2022-05.16 1013:57 PDT 19548277645 From: Kaity Toe APPLICATION BYFOREIGN LE1-1111,I) LIABILITY CONIPANY'TO FILE ANMENIJINMENT TO CERTIFICATE OF AUTITORITYTO TRANSACT BUSINESS UN FLORIDA SCCTION 1 (1-4 niust lie crinipletcd) 1. Name of limited liability Costiparivas itappears cin the records of1he FlontlaDell-ru-tinent of State: GRANI'l*E' INLIKER, LLC Enter new principal office addres;. if applicable: (erne{„ W-1 —0d, i—C—e-04,1M.M Ll f (j,'Cr HC. 44 VrR E F �Tl 1) 1) R FSS) Ulm new mailing address, if al)Plicablu:rs *11, 1jr,-11P( LIM( 01,�4 The Florida dume vont numtm of thM2MI)0 is limited liability company is: _._ . . . . . . . . . . . . . 6 Cn I Indiamt 4, Da(c authorized to do business in Florida: 06;21 C002 kvrdw 11 (S-9 consplete only the applicable ch2uges) 5, New lianic of the limited liability complay lnlirirrSoluouos, LIC" C (11111S( contain 1AInited Li.illifity ompaq, ** 1A.C.." of *'I.LC.**) (Tfsiatc mule adopted for die purpose of tratisacting busincis in Florida and attach a _ji_ani c'u`oav_ai1"ab'1_e, enter alEc r .............................. . . . ................ . ............. . ... . ............ . .. . . . copy of the written consent of the Managers or inanaging ineii ibet.; adop tii i the alternate itaine. The alternate name twist contain "Linikeil Liability Company", 11-c'" or 6. Ifanictiding the legimeled I�Cjlt and,'or icgisteied officci addrcis on our iccor&, ci i,,er (lie nil R, 11 %V t Lh—w—wax _4 Agelml, -11,11,111,111— err, _Rv4Lt'a-MIS�.) 1-.'wer r1orWo Street.4thlress Florida lip `{rile N,%:\v RMi5tcrt;d A.-ciil*s 5irlialill.c. if Rcgismrcd Agcot. I hereh , v , accept the oppninmenl as rt;visivrv(l agent ande�yree to aci in this twpoeilv. 1.1iirthet, (Wree to cwnpA, with the 1mvisions (yoltstalules relative it) the proper and compivie perfortntmce o0n.i: (Itaies, and I anifiamiliar with andoccept the ohliqelllonv of Inv position 11s rqqistcretl agent as pr4wided.16r in ( 1itiI)ter 605, FS, Or. ifihiT whh-ess, / hervbv confiti-m thin Me litndvd i chwkgt, in the i -m th)4-junum is behigfile(liv inereh reflect ( yistei-vil Qqice t lohilitv componY hcv� been rent eel in tt'l,ifing q1,11ILY chwve. ---- - ---- - If Chiulging Rcgiswred Airwilt, �' gwitvrc f New Registcjvd Agent 117 ............... 01,�4 The Florida dume vont numtm of thM2MI)0 is limited liability company is: _._ . . . . . . . . . . . . . 6 Cn I Indiamt 4, Da(c authorized to do business in Florida: 06;21 C002 kvrdw 11 (S-9 consplete only the applicable ch2uges) 5, New lianic of the limited liability complay lnlirirrSoluouos, LIC" C (11111S( contain 1AInited Li.illifity ompaq, ** 1A.C.." of *'I.LC.**) (Tfsiatc mule adopted for die purpose of tratisacting busincis in Florida and attach a _ji_ani c'u`oav_ai1"ab'1_e, enter alEc r .............................. . . . ................ . ............. . ... . ............ . .. . . . copy of the written consent of the Managers or inanaging ineii ibet.; adop tii i the alternate itaine. The alternate name twist contain "Linikeil Liability Company", 11-c'" or 6. Ifanictiding the legimeled I�Cjlt and,'or icgisteied officci addrcis on our iccor&, ci i,,er (lie nil R, 11 %V t Lh—w—wax _4 Agelml, -11,11,111,111— err, _Rv4Lt'a-MIS�.) 1-.'wer r1orWo Street.4thlress Florida lip `{rile N,%:\v RMi5tcrt;d A.-ciil*s 5irlialill.c. if Rcgismrcd Agcot. I hereh , v , accept the oppninmenl as rt;visivrv(l agent ande�yree to aci in this twpoeilv. 1.1iirthet, (Wree to cwnpA, with the 1mvisions (yoltstalules relative it) the proper and compivie perfortntmce o0n.i: (Itaies, and I anifiamiliar with andoccept the ohliqelllonv of Inv position 11s rqqistcretl agent as pr4wided.16r in ( 1itiI)ter 605, FS, Or. ifihiT whh-ess, / hervbv confiti-m thin Me litndvd i chwkgt, in the i -m th)4-junum is behigfile(liv inereh reflect ( yistei-vil Qqice t lohilitv componY hcv� been rent eel in tt'l,ifing q1,11ILY chwve. ---- - ---- - If Chiulging Rcgiswred Airwilt, �' gwitvrc f New Registcjvd Agent 117 To -18506176383 Page: 4 of 5 2022.05-1610:13:57 PDI 19548277645 From: Keay Toc 7, 1 t't he a nicn(Inicni chan�c,; the jurk(liction in (I icatc new jurisdIction-, R. 11, tile Wilelldnivilt chars e. [WIson, title or caixicity in accord;-IlIct; with 60-5.0902 11)(c), indicate that Change: Title! cawmitv Name I , 11 V- 9 ']' e �f Acli!,)Li E-1 Add L -3 Add ORC1110vc OAdd ORC1114svc CAM Oiled ove DAdd C1 Rcmutic 1). cerlificale, WIC(luircd: the afi,icincittioned uniendmen(ts), duly audiewicuted by the ufficial having custody of iucord.; in tfkc jurisdiction undci, tic law ot'which this entitYis Organized. of 1:111C . ............. or primcd nanic or signcc Filing Fee- N25.00 .4 118 TO -18506i.76383 Page: 5 of 5 2022-05-1610,13'57 PDT State of Indiana Office of the Secretary of State To Whom These Presents Come, Greeting: 19548277645 1, HOLD SULLIVAN, Secretary of State of Indiana, do hereby certify that I am, by virtue of the laws of the State of Indiana, the custodian of the corpRrate records and the proper official to execute this certificate. I forthei certify that records of this office discIosd'ihbt-•" INLINER SOLUTIONS, LLC �Xch6n&ig�thei filed Articles of,krendment-on March'2i' 20 r name'from.G(anite Inlinei, LLC to U Inliner Sol t oiis, LLC and good standing. Nti In Witness'4hereot, I have caused to be atfixed my signature and the seal of the State at Indiana, at the City of Indianapolis, April 19, 2022 HOW SULLIVAN SECRETARY Or STATE 2002050200119/ 20222542880 All certificates should be validated here: https,//bsd.sos.i-i.gov/ValidateCertificate Expires on May 19, 2022. Ftcm Kaity Too 1119 � � W � ce. w cl z n cl � U. � w � � j � � _ f r� .� � 120 E Company ID Number:143162 Client Company ID Number:1817620 Page I of 11 E -Verify MOU for Employers Using an E -Verify Employer Agent I Revision Date 06/01/13 121 � rx� E,—Verif Company |DNumber:l4SI62 Client Company /DNmmherI8I762O THE E -VERIFY FOR EMPLOYERS USING AWEB SERVICES E -VERIFY EMPLOYER AGENT ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS).the Inliner Solutions ULC( . and the Web SewicesBVehfy Employer Agent. The purpose of this agreement is to set forth terms and conditions which the Employer and the Web Services E -Verify Employer Agent will follow while participating in E -Verify. E -Verify is a program that electronically confirms an employee's eligibility towork in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E -Verify program and describes specific responsibilities of the Employer, theE-Vehfy Employer Agent, the Social Security Administration (5SA)'and DHS. References inthis MOUtothe Employer include the Web Services E-Ver|fyEmployer Agent when acting onbehalf of the Employer. For purposes of this MOU, the E -Verify browser refers to the website that provides direct access tuthe E -Verify system: https://e-verify.uscis.gov/emp. You may access E -Verify directly free of charge via the E -Verify browser. Authority for the E -Verify program is found in Title |V' Subtitle A, u[the Illegal Immigration Reform and Immigrant Responsibility Act of199b (||R|RA)' Pub. L. I04-208' 110 Stat. 3009' as amended (8 U.S.C. Section I324anute).The Federal Acquisition Regulation (FAR) Subpart 22.18. "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E - Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE 11 RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER I.For purposes ofthis MOU,references tothe Employer include the Web Services E -Verify Employer Agent when acting onbehalf mfthe Employer. 2. Byenrolling inE-VerKyand signing LheappUcabkaMOU.theEmp|oyerassertsthatitis alegitimate company which intends Louse E-Verifyfor legitimate purposes only and inaccordance with the laws, regulations arid DHS policies and procedures relating tothe use ofE'Vehfy. 3. The Employer agrees to display the following notices supplied by DHS (though the Web Services E -Verify Employer Agent) in a prominent place that is clearly visible to prospective employees and all employees who are tobeverified through the system: A. Notice ofEVerifyParticipation B. Notice of Right to Work 4. The Employer agrees toprovide tothe SSA and DHS the names, ddea addresses, and telephone numbers nf the Employer representatives tohecontacted about E -Verify. The Employer also agrees tokeep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 5. The Employer agrees to become familiar with and comply with the most recent version of theE-Verify User Manual. The Employer willobtain the E-VedfyUser Manual from the Web Sen/icesE-VehfyEmployer Agent, and will benotified b the Web Services E4/ r|fyE,np|oye/Agent when anew version ofthe E-Ver|fyUser Manual becomes available. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: A. If an employee presentsa"List B" identity document, the Employer agrees to only accept "U Br documents that contain a photo. (List B documents identified in 8 C.F.R. 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo Page Iwo|E-venfymoufor Employers Using aWeb Services Employer Agent | Revision Date oo/0z/1s 122 Company ID Number:143162 Client Company ID Number:1817620 requirement for religious reasons, the Employer should contaoE-Verify at 888-464-4218. B. If an employee presents a DHS Form |-551(Permanent ResidentCerd) Fn 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only tothe exceptions noted previously inthis paragraph, emp|oyeessU/|retalntherightmo present any List A'orList 8and List ['ducument(s)tocomplete the Form |'9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that although it participates in E -Verify, the Employer has responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements ufapplicable regulations orlaws, including the obligation tvcomply with the antidiscrimination requirements ofsection 274Bofthe INA with respect toForm 1'Aprocedures. A. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti-discrimi nation provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment e|igibi|ityofnewlyh|nedemp|oyeeusingE-Verifyprocedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employthat person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation;(4)}fthe Employer continues tnemploy anemployee after receiving afinal nunconhrmat|on, then the Employer is subject to a rebuttable presumption that |thas knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E -Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Vehfy. B. DHS reserves the right to conduct Form 1-9 compliance inspections, as well asany other enforcement or compliance activity authorized by law, including site visits, boensure proper use of E -Verify. 9. The Employer isstrictly prohibited from creating an E -Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees tocreate an E4/erifycase for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete asmany steps ofthe E4/erifyprocess asare necessary according tothe E -Verify UserManua|.|fE- Verify|stemporad}yunava||ab|e'thethree-daytinmepehodwi|lbeextendedunti||t|saga|nnperaUona|in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. ID. The Employer agrees not to use E -Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E -Verify User Manual does not authorize. Il.The Employer must use E-Vehfy(through ksWebSemicesE-Vedfy Employer employes. The Employer will not verify selectively and will not verify employees hired before the effective date mfthis MOU. Employers who are Federal contractors may qualify for exceptions bothis requirement asdescribed in Article U.Bofthis MOU. 11 The Employer agrees tofollow appropriate procedures (see Article III bdmm) regarding tentative nunconfimnadons.The Employer must promptly notifyemployees inprivate ofthe finding and provide them with the notice and letter containing information specific to the employee's E -Verify case, The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees, The Employer agrees to provide written referral instructions to employees and instruct affected employees tobring the English copy ofthe letter tothe SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article 111.13 below) to contact DHS with information necessary toresolve the challenge. 13. The Employer agrees not totake any adverse action against anemployee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Page 2 of 17 1 E -Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 123 EVeni"f Company 0Number:143l6Z Client Company \DNumbenI8D520 Employer obtains knowledge (as defined in 8 C.F.R. Section 274a.1(1)) that the employee is not work authorized, The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. if the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E -Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title V11 of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E -Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E -Verify. If the Employer has any questions relating to the a nti-d iscrimi nation provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD), 15. The Employer agrees thatit will use the information it receives from Verify Employer Agent) only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as Personal Identification Numbers and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes, 16. The Employer agrees tonotify DHS immediately inthe event ofabreach uf personal information. Breaches are defined asloss ofcontrol orunauthorized access toE'Verify personalVatn All suspected or confirmed breaches should hereported bycalling 188B-464-42I8orvia email atE4/eh hs.gov.P|easeuse "Privacy Incident - Password" in the subject line of your email when sending a breach report to E -Verify. 17. The Employer acknowledges that the inh,nnat|onitreceives from SSA through its Web GewicesE4eri[y Employer Agent is governed by the Privacy Act (5 U.S,C. Section 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C, 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. Ig. The Employer agrees tocooperate with DHS and SSA intheir compliance monitoring and evaluation mfE' Verify' which includes permitting DVS' SSA, their contractors and other agents, upon reasonable notice, to review Forms 1-9 and other employment records and tm interview it and its employees regarding the Employer's use of E -Verify, and to respond in a prompt and accurate manner to 1DHS requests for information relating totheir participation in E4/ rify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E - Verify on its website, in advertising materia|s, or other media. The Employer shall notdescribe its services as federally -approved, federal ly-certified, or federal ly- recognized, or use language with a similar intent on its website urother materials provided to the public. Entering into this MOU does not mean that E-Vehfy endorses or authorizes your E -Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS' UGOS or the Verification Division, without first obtaining the prior written consent ofDHS. 21. The Employer agreestha1E4/erifytrademarksandlogosmaybeusedonlyunde,UoeosebyDHG/U5OS(see M-795)and, other than pursuant the terms ofsuch license, may not beused inany manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, oraffiliated with DHS, USOS'mrE-Vehfy. 22. The Employer understands that if it uses E -Verify procedures for any purpose other than as authorized by Page aofzr|s-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 124 lima O&Y Company |DNumbenI43IGZ Client Company 0NumbenIBl763O 13. that all notices, referral letters and any other materials otherwise including instructions regarding tentative nonconfirmations, will be consistent with the most current E -Verify tentative nonconfirmation notices and referral letters, which are available on E-Verify's website. 14. The Web Services E -Verify Employer Agent agrees that any system mrinterface itdevelops will follow the steps for creating E-Verl cases and processing tentative nonconfirmations, as laid out in the ICA, this MOU and the User Manual, including but not limited toallowing anemployer tnclose aninvalid case where appropriate, allowing an employer to refer a tentative nonconfirmation only when an employee chooses to contest a tentative nonconfirmation (no automatic referrals), and referring a tentative nonconfirmation to the ht at the time the employer ht the referral letter and provides the letter tothe employee. The Web Services E -Verify Employer Agent understands that any failure to make its systemor interface consistent with proper E -Verify procedures can result in DHS terminating the Web Services E -Verify Employer Agent's agreement and access with orwithout notice. 15. When the Web Services E-VerifyEnp| Agent receivesnotice from aclient company that ithas received a contract with the FAR clause, then the Web Services E -Verify Employer Agent must update the company's E-Vehfyprofile within 38days ofthe contract award date. lb. If data is transmitted between the Web Services E -Verify Employer Agent and its client, then the Web Services E -Verify EmployerAgentagreestoprotectpersona||yidentifieb|e|nfurmatlunduhngLransm|ssion toand from the Web Services E4/erifyEmployer Agent. 17. The Web Services E -Verify Employer Agent agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access toE-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at . Please use "Privacy Incident - Password" in the subject line of your email when sending a breach report to i Verify, 18. The Web Services E -Verify Employer Agent agrees to fully cooperate with DHS and SSA |ntheir compliance monitoring and evaluation of E -Verify, including permitting i S5A, their contractors and other agents, upon reasonable notice, to review Forms mecords, and all records pertaining bmthe Web Services E'VerifyEmployer Agent's use ofE-Vrify'andto|nLerviewitandbsemp|oyeesnegardm#theuse nfE-Vehfy.and torespond inatime|yandaccunatemannerVmDHSna4uegsfnrinhonnatinnne|atingkotheir participation in E4/ehfy. A. The Web Services E -Verify Employer Agent agrees to cooperate with DHS if DHS requests information about the Web Services E -Verify Employer Agent's interface, including requests by DHS to view the actual interface operated by the Web Services E -Verify Employer Agent as well as related business documents, The Web Services E4ehh/Emp|myer Agent agrees todemonstrate for DHS the functionality cfits interface toE-Vehfyupon request. D. The Web ServicesE4/eri0/ Employer Agent agrees to demonstrate, if requestedbyDH5 that it has provided training to its clients that meets E -Verify standards. Training programs must provide a focused study of the topics covered in the E -Verify User Manual and pertinent Supplemental Guides. Furthermore, training programs and materials must be updated as E -Verify changes occur. The Web Services E -Verify Employer Agent is encouraged to incorporate information from existing E -Verify materials, including the Enrollment Quick Reference Guide, the E -Verify Employer Agent Client Handbook (formerly known as the Designated Agent Client Handbook), and existing tutorials and manuals into their training program, E -Verify also encourages the Web Services E -Verify Employer Agent to supervise first-time use of the E -Verify browser or Web Services interface by its staff and Employer clients as part of any training program. The Web Services E -Verify Employer Agent agrees to submit its training program materials to DHS for review upon request. Failure toprovide adequate training could, insome instances, lead hzpenalties as described in Article V.F.l.ofthis MOU. 19.make any false unauthorized claims references about its participation in E -Verify on its website, in advertising materials, or other media. The Web Services E -Verify Employer Agent shall not describe its services as federally -approved, federal ly-certified, or federal ly-recognized, or use language with a similar intent on its website or other materiials provided to the public. Entering into this MOU does not mean that E -Verify endorses or authorizes your Web Services E - Verify Employer Agent services and any claim to that effect is false. 20. The Web Sen/ Employer Agent shall not state in its website nrother public documents that any language used therein has been provided orapproved byDHS, US[|Sorthe VedfioabmnDivision, without first obtaining the prior written consent ofDHS. 21. The Web Services E -Verify Employer Agent agrees that E -Verify trademarks and logos may be used only under license by DHS/USCIS (see ) and, other than pursuant to the specific terms ofsuch license, may not Page scvzr|s-Verifywoufor Employers Using aWeb Services Employer Agent IRevision Date namzoa 126 jaw � Company |DNumber:I43l62 Client Company |0NumberinI7O2D beused inany manner that might imply Services Agent's services, products, websites, orpublications are sponsored by, endorsed by, licensed by, oraffiliated with DHS, U5C|S.urE' Verify. 22. The Web Services E-VerifyEmployer Agent understands that ifhuses E4erdyprocedures for any purpose other than asauthorized bythis MDU'the Web Services E4/erifyEmployer Agent maybesubjectto appropriate legal action and termination of its participation in E -Verify according to this MOU� C. RESPONSIBILITIES OF FEDERAL CONTRACTORS The Web Services rify Employer Agent shall ensure that the Web Services E -Verify Employer Agent and the Employers '` represents carry out the following ' bilities if the Employer is aFederal contractor o,becomes a federal contractor. The Web Services E-Verifyclient tokeep the Web Services E - Verify Employer Agent informed about any changes orupdates related tofederal contracts. kisthe Web Services E - Verify Employer Agent's responsibility to ensure that its clients are incompliance with all E4/erifypolicies and procedures. l. If theEmployer clause subject tothe employment verification terms |nSubpart 22.18ofthe FAR, iiwill become familiar with and comply with the most current version oJ the E -Verify User Manual for Federal Contractors as well as the E -Verify Supplemental Guide for Federal Contractors. 2. in addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22,1801). Once an employee has been verified through E -Verify by the Employer, the Employer may not reverify the employee through EVerify. A. An Employer that is not enrolled in E -Verify as a Federal contractor atthe time ofacontract award must enroll asaFederal contractor inthe E-Verifyprogram within 3ncalendar days of contract award and, within 9Odays ofenrollment, begin to verify employment eligibility mfnew hires using E- Verify.The Employer must verify those employees who are working inthe United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hire s, such verification ofnew hires must beinitiated within three business days after the hire date, Once enrolled in E -Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment tnthe contract, whichever date islater. 8. Employers enrolled in E -Verify as a Federal contractor for 90 days or more at the time of a contract award must use E -Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E -Verify as a Federal contractor for 9G calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E -Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E -Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after Assignment to the contract, whichever is later. C. Federal contractors that are institutions ofhigher education (as defined at 20 U.S.C. 1)0I(a))' state orlocal governments, governments o?Federally recognized Indian tribes, orsureties performing under atakeover agreement enteredinto with aFederal agency under a performancebond may choose toonly verify new and existing employees assigned urthe Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing | hired after November 6.lg86.Employers |nthis category must begin verification ofemployees assigned tothe contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment tothe contract, whichever date is later. D. Upon enrollment, Employers who are Federal contmctorsmayelecttoverifyemploymenLeligiW|ity oYall existing employees working imthe United States who were hired after November 6'190O, instead ofverifying only those employees assigned to a covered Federal contract. After enrollment, Employer-, must elect to verify existing staff following DHS procedures and begin E -Verify verification ofall existing employees within 18Odays after the election. E The Employer may use a previously completed Form |-g as the basis for creating an E -Verify case for anemployee assigned tmacontract aslong as: i. That Form 1'9 is complete (including the SSN) and complies with Article )|.A.6. ii. The employee's work authorization has not expired, and Page am17{E-Verify MOU for Employers Using aWeb Services Employer Agent |Revision Date 06/01113 127 r= V, e rl'"f y—,, �Company ID Number:143162 Client Company ID Number:1817620 iii. The Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the ensure that the employee's Section 1'Form |-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become enaturalized U.S.dbzen}. F' The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form |-gtoprovide the necessary information if: i. The Employer cannot determine that Form |-9complies with Article ||.A.6' ii. The employee's basis for work authorization as attested in Section I has expired or changed, or iii. The Form 1-9 contains no5SN or is otherwise incomplete. Note: If Section 1mfForm 1-9is form otherwise complies with Article U.C.5'but reflects documentation (such asaVSForm I- 551) that expired after completing Form 1-9, the Employer shall not require the production of -55l)thatexp|redaftercompletingForm|9'theEmp|oyershaUnotrequiretheproducdonof addidnna|documentadvn'orusethephotsscreenimgtoo|deachbedinArt|deU.A.5,subject to any additional or superseding instructions that may be provided on this subject in the E- VerifyUserManuai G.employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that isnot nFederal contractor based on this Article. 3. The Employer understands that ifiLis aFederal contractor, its compliance with this MDUisaperformance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers orother officials authorized toreview the Employer's compliance with Federal contracting requirements. D. RESPONSIBILITIES OF SSA l. SSA agrees to allow OHS to compare data provided by the Employer (through the E -Verify Employer Agent) against SSA's database. SSA sends OHS confirmation that the data sent either matches or does not match the information imSGA'sdatabase. 2. SSA agrees tnsafeguard the information the Employer provides (through th E -Verify EmployerA4ent) through E -Verify procedures, SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification ofSocial Ss h beor responsible for evaluation of E - Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C.Section 5GZa)'the Social Security Act (42U.S.C.13O6(o))'and SSA regulations (ZOCFR Part 4OI). 3. SSA agrees topnovidecaseneau|tsfrnmmitsdatabasewith|nLhneepedera|Governmentworkdaysofthe initial inquiry. E-Verifyprovides the information to the E-VerifyEmployer Agent. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agreestu update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary.In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E -Verify may provide a final nonconfirmation to the E -Verify Employer Agent. Note: |fanEmployer experiences technical problems, or has a policy question, the employer should contact E-VerifyatI-888'464-42I8. E. RESPONSIBILITIES OF DHS l. OHS agrees 10provide the Employer with selected data from OHS databases toenable the Employer (throughtheE4/ehfyEmp|oyerAgenL)toconduct'ootheextentauthohzedhythisMOU: A. Automated verification checks onalien employees byelectronic means, and B. Photo verification checks (when available) on employees. 2. DHS agrees to assist the E -Verify Employer Agent with operational problems associated with its participation inE-Vedfy.OHS agrees toprovide the hfyEmployer titles, addresses, and telephone numbers mfOHS representatives tmbecontacted during the E4/erfyprocess. 3. DHS agrees to provide to the E -Verify Employer Agent with access to E -Verify training materials as well as Page rofo|E-Verify Mmfor Employers Using aWeb Services Employer Agent |Revision Date 06101113 128 . . . . . . . .......... Company ID Number:143162 Client Company ID Number:1817620 an E -Verify User Manual that contain instructions on E4erify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E -Verify. 4. DHS agrees to trainJy Employer Agents on all important changes made hoE'Vedfythrough the use mf mandatory refresher tutorials and updates to the E -Verify User Manual. Even without changes to E -Verify, DHS reserves the right to require E -Verify Employer Agents to take mandatory refresher tutorials. 5. DHS agrees toprovide tothe Employer (through the E -Verify Employer Agent) a notice, which indicates the Employer's participation inE4/ehfy.DHS also agrees to provide tothe Employer anti -discrimination notices issued bythe Office ofSpecial Counsel for |mmigration-Related Unfair Employment Pract|ces<OSQ' Civil Rights Division, U.G. Department ofjustice. 6. DHS agrees to issue each of the E -Verify Employer Agent's E -Verify users a unique user identification number and password that permits them tolog intoE'Vehfy. 7. DHS agrees tosafeguard the information the Employer provides (through the E'VerifyEmployer Agand'and to limit access to such information to individuals responsible for the verification process, for evaluation of E - Verify, or to such other persons or entities as maybe authorizedbyapplicable law. Information will beused only toverify the accuracy ofSocial Security numbers and employment eligibility, toenforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days ofthe initial inquiry. A. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative non confirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLEU0 REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA l. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed byE4eThe Employer must promptly notify employees inprivate cfthe finding and provide them with the oti d letter i i i information specifihe employee'E-Verify case, The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Z. The Employer agrees toobtain the employee's response about whether he or shewill contestthe tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation, Only the employee may determine whether he or she will contest the tentative nonconfirmation, 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E -Verify. The Employer must record the case verification number, review the employee information submitted to E -Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee tovisit anSSA office within eight Federal Government workdays. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days ofthe referral unless itdetermines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E -Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration nu mber database (the Nurniclent) or other written verification of the SSN from the SSA. 8. REFERRAL TO DHS I. |fthe Employer receives a tentative nonconfirmabonissued byDHS, the Employer must promptly notify employees in private nfthe finding and provide them with the notice and letter containing information specific to the employee's E -Verify case, The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees tocontest the finding, and not take adverse action against employees i[they choose tm page uof 1r|s*enfywoufor Employers Using a Web Services Employer Agent |mewsm°Date oomz/zo 129 Company ID Number:143162 Client Company ID Number:1817620 contest the finding, while their case is still pending. 2. The Employer agreestoobtain the employee's response about whetherheorshe will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nuncomnnnaoon. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph I of this section for tentative nonconfinnations'generoUy. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card toDHS for review by: A. Scanning and uploading the document, or B. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that |f|tcannot determine whether there isa photo match/n|onatch'the Employer must forward the employee's documentation to DHS as described in the preceding paragraph.The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match ormismatch. B. DHS will electronically transmit the result ofthe referral hothe Employer within 10 Federal Government work days ofthe referral unless itdetermines thatmoneLhanIVdaysisnecessery. 9. While waiting for case results, the Employer agrees to check the E -Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES I. SSA and DHS will not charge the Employer orthe Web Services E-VerfyEmployer Agent for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E -Verify, an Employer will need a personal computer with Internet access, MM W444kf� SYSTEM SECURITY AND MAINTENANCE 1. Software developed byWeb Services E-Vedfy Employer Agents must comply with federally -mandated information security policies and industry security standards to include but not limited to: 2. Public Law IO7-]47,"E-GovemmentAct of20OZ'Title U|'Federal Information Security Management Act (F|SMA).^December 20O2. 3. Office ofManagement and budget (OM8)Memorandum (m-l0-l5),^IFYJOlOReporting Instructions for the Federal Information Security Management Act and Agency Privacy Management," April 2010. 4. National Institute of Standards and Technology (NIST) Special Publication (SP) and Federal Information Processing Standards Publication (F|P6). 5. international Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 27002, Information Technology - Security Techniques - Code of Practice for Information Security Management. 6. The Web Services E -Verify Employer Agent agrees to update its Web Services interface to reflect system enhancements within six months from the date DHS notifies the Web Services User of the system update. The Web Services User will receive notice from DHS inthe form ofanInterface Control Agreement (|CA).The Web Services E -Verify Employer Agent agrees to institute changes to its interface as identified in the ICA, including all functionality identified and all data elements detailed therein. 7. The Web Services E -Verify Employer Agent agrees to demonstrate progress of its efforts to update its Web Services interface ifand when DHS requests such progress reports. Page emo|E-Verifywmfor Employers Using a Web Services Employer Agent )mmsion Date 06/01/13 130 � lm� � ~~ ^ ���������� ��������' �m�w� n�m ~������ ���� Company |DNumber:l43ldZ Client Company |DNumbenI0l762O 8. The Web Services E -Verify Employer Agent acknowledges completed the satisfaction orDHS or its assignees within six months from the date DHS notifies the Web Services User of the system update, then the Web Services User's E -Verify account may be suspended, and support for previous releases of E -Verify may no longer be available to the Web Services User. The Web Services E -Verify Employer Agent also acknowledges that DH5 may suspend the Web Services User's account after the six-month period has elapsed. 9. The Web Services E -Verify Employer Agent agrees to incorporate error handling logic into its development or software to accommodate and act in a timely fashion should an error code be returned. 10. The Web Services E -Verify Employer Agent agrees to complete the technical requirements testing which is confirmed upon receiving approval uftest data and connectivity between the Web Services E-Vedh/ Employer Agent and DHS. 11. DHS will not reimburse any Web Services E-Verif Employer Agent or software developer who has expended resources in the development or maintenance of a Web Services interface if that party is unable, or becomes unable, tmmeet any ofthe requirements set forth inthis MOU. 13. Housing, development, infrastructure, maintenance, and testing of the Web Services applications may take place outside the United States and its territories, but testing must be conducted to ensure that the code is correct and secure. 13. |fthe Web Services E-VehfyEmployer Agent includes anelectronic Form |-gas part of its interface, then it must comply with the standards for electronic retention of Form 1-9 found in 8 CFR 274a.2(e), B.INFORMATION SECURM REQUIREMENTS Web Services E -Verify Employer Agents performing verification services under this MOU must ensure that information that isshared between the Web Services E-VerifyEmployer Agent and DHS isappropriately protected comparable to the protection provided when the information is within the DHS environment [01VIB Circular A-130 Appendix 1111. Toachieve this level ufinformation security, the Web Services E-VehfyEmployer Agent agrees tminstitute the following procedures: l. Conduct periodic assessments ofrisk, including unauthorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the operations and assets of the DHS, SSA, and the Web ServicesE-Verify Employer Agent and its clients; I Develop policies and procedures that are based on risk assessments, cost-effectively reduce information security risks to an acceptable level, and ensure that information security is addressed throughout the life cycle ofeach organizational information system; 5. Implement subordinate plans for providing adequate information security for networks, facilities, information systems, mrgroups ofinformation systems, asappropriate; 4. Conduct security awareness training toinform the Web Services E-VedfyEmployer Agent's personnel (including contractors and other users ofinformation systems that support the operations and assets ofthe organization) of the information security risks associated with their activities and their responsibilities in complying with organizational policies and procedures designed to reduce these risks; 5. Develop periodic testing and evaluation of the effectiveness of information security policies, procedures, practices, and security controls to be performed with a frequency depending on risk, but no less than once per year; 6. Develop a process for planning, implementing, evaluating, and documenting remedial actions to address any deficiencies in the information security policies, procedures, and practices of the organization; 7. Implement procedures for detecting, reporting, and responding to security incidents; 8. Create plans and procedures to ensure continuity of operations for information systems that support the operations and assets ofthe organization; 9. in information -sharing environments, the information owner is responsible for establishing the rules for appropriate use and protectionofthe subject information and retains that responsibility even when the information is shared with or provided to other organizations [NIST SP 800-371, 10. DHS reserves the right to restrict Web Services calls from certain IP addresses. Il. DHS reserves the right cmaudit the Web Services E-VerifyEmployer Agent's application. 12, Web Services E-VedfyEmployer Agents and Software Developers agree to cooperate willingly with the DHS assessment of information security and privacy practices used by the company to develop and maintain the Page mmo|E-Verify MOU for Employers Using aWeb Services Employer Agent |Revision Date 06/01/13 131 � Company |DNumber:I43I62 Client Company |DNumberI8l762O 2. The Web Services Employer Agent agrees toprovide software updates to each client who purchases its software. Because ofthe frequency Web Services updates, anongoing relationship betweenthesoftwre developer and the client isnecessary. 3.DHS reserves the right toterminate the access ofany software developer with orwithout notice who creates oruses aninterface that does not comply with E-Vedfyprocedures. 4. Web Services Software Developers pursuing software development independent of serving clients as a Web Services E'VerVyEmployer Agent are not eligible toreceive anICA. A1this time, E-Vedfydoes not permit Web Services software development without also being a Web Services E -Verify EmployerAgent or Web Services Employer. F PENALTIES 1. The Web Services E -Verify Employer Agent agrees that any failure on its part to comply with the terms of the MOU may result in account suspension, termination, or other adverse action. 2. DHS is not liable for any financial losses to Web Services E -Verify Employer Agent, its clients, or any other party asaresult ofyour account suspension ortermination. ARTICLE VI MODIFICATION AND TERMINATION A. MODIFICATION I. This M0Jiseffective upon the signature ofall parties and shall continue |neffect for aslong asthe SSA and DHS operates the E -Verify program unless modified in writing by the mutual consent of all parties. Z. Any and all E\/erifysystem enhancements by DH5orSSA, including but not limited to E\erifychecking against additional data sources and instituting new verification policies orprocedures, will be covered under this MDU and will not cause the need for a supplemental MOU that outlines these changes. 8. TERMINATION l. The Web Services EVer|ƒyEmployer Agent may terminate this MOU and|ts participation in E at any time upon 30 days prior written notice rothe other parties. /n aoomun' any Employer represented by the Web Services E -Verify Employer Agent may voluntarily terminate its MOU upon giving DHS 30 days'written notice. The Web Services E -Verify Employer Agent may not refuse to terminate the Employer based upon an outstanding bill for verification Services, 2. Notwithstanding Article V'part Anfthis MOU' DMS may terminate this MOU, and thereby the VVebSemices E4/erifyEm |o Agent's participation in E -Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach ofsystem integrity or securityWeb Services E-VerifyE| Employer, orafailure on the part of either party to comply with established E -Verify procedures and/or legal requirements, The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that ifitisina state where E-Verifyismandatory, termination ofthis byany party MDDmay negatively affect the Employer's business. 3. AWeb Services E-VerifyEmployer Agent for anEmployer that |soFederal contractor may terminate this MOU when the Federal contract that requires its participation in E -Verify is terminated or completed, In such cases, the Web Services E -Verify Employer Agent must provide written notice to DHS. If the Web Services E - Verify Employer Agent fails to provide such notice, then that Employer will remain an E -Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verifyprocedures toverify the employment eligibility ofall newly hired employees. 4. The Web Services E -Verify Employer Agent agrees that E -Verify is not liable for any losses, financial or otherwise, ifthe Web Services E4/ rifyEmp|oyerAgenturtheEmp|oyeristerminatedhnmE-Verify. ARTICLE V11 FTITlyff T-9 A. Some orall SSA and DHS responsibilities under this MOUmay beperformed bycontna±nr(s)'and SSA and DHS may adjust verification responsibilitiesbetween each other aa necessary. Byseparate agreement with DHS, SSA has agreed (operform its responsibilities esdescribed inthis MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable atlaw byany third party against the United States, its agencies, offices'or employees, oragainst the Web Services E-VerifyEmployer Agent, its agents, officers, uremployees. Page 12of 17|s -Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06101/13 133 = Company ID Number:143162 Client Company ID Number:1817620 C. ThemAeb Services E -Verify - not assign, directly. of|aw.changeofcontm|o all or any part of its rights or obligations de this M0Jwithout the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D.Each party shall besolely responsible for defending claim oraction against it arising out of or related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Web Services E\/erUy Employer Agent orthe Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Web Services E -Verify Employer Agent orthe Empioyer. E. The Web Services E -Verify Employer Agent understands that its participation in E -Verify isnot confidential information and may bedisclosed asauthorized or requiredb law andDHS or SSA policy, including but not limited to, Congressional oversight, E -Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appearbe|m*nepresentihattheymre authorized toenter into this MDUon behalf of the Employer, the Web Services E -Verify Employer Agent and DHS respectively. The Web Services E -Verify Employer Agent understands that any inaccurate statement, representation, data or other information provided toDHS may subject the Web Services E -V ify Employer Agent, as the case may be, its Subcontractors, its employees, orits representatives to: (I)prosecution for false statements pursuant to 18 U,S.C. 1001 and/or; (2) immediate termination of its MOU and/or, (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS, the Employer,and the E-yerify Employer Agent|n|inerSolutions LLC (Emp|oye/)hereby designates and appoints KadynDeSantiago (E - he Ve�fyEmployer Agent}'including its officers and employees, asthe E4�/ �rEmp|oyerAgent for tpurpose of carrying out (Employer) responsibilities under the MOU between the Employer, the E -Verify Employer Agent, and DHS. Page zsmzr|e-Venywoufor Employers Using aWeb Services Employer Agent I Revision Date 06/01/13 134 E-Vdrl"O I Company ID Number:143162 Client Company ID Number:1817620 If you have any questions, contact E -Verify at 1-888-464-4218. Approved by: Page 14 of 17 1 E -Verify MOUfor Employers Using a Web Services Employer Agent I Revision Date 06101/13 135 Company ID Number:143162 Client Company ID Number:1817620 page is of 17 1 E -Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06101113 136 Company ID Number:143162 Client Company ID Number:I817620 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: ........... . ............... . . ............... -.111-1, . ........ Robert Muff 'Hame Phone —Number (678) 6(fi-T969 FF,ax Number ............ . Email Address rmuff@teamipr.com - - - --------------- - Page 17 of 171 E -Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06101/13 138 1 2 3 4 5 6 7 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 TJHTTZMETT!10� A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA. APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH THE LIST OF THE TOP RANKED QUALIFIERS AS DETERMINED BY THE EVALUATION COMMITTEE FROM THE SUBMISSIONS RECEIVED IN RESPONSE TO THE -REQUEST FOR QUALIFICATIONS FOR CURED -IN-PLACE PIPE LINING (CIPP), RFQ NO. UTL22-013, AS PRE -QUALIFIED CONTRACTORS WITH THE SKILLS, EXPERIENCE AND REQUISITE PRODUCTS NEEDED TO SUCCESSFULLY PERFORM CURED -IN-PLACE PIPE LINING: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City issued a Request for Qualifications seeking qualified Contractors with specific experience with installing cured -in-place pipe (CIPP) liner using a resin -impregnated flexible tube method that is formed to the original conduit by use of hydrostatic pressure, and WHEREAS, a Public Meeting was held on Tuesday, March 29, 2022 for the Ranking Committee to read their scores which resulted in the top three ranked firms; and WHEREAS, the City will issue a Bid for each specific OPP Lining Project on an 'as - needed basis' to the three pre -qualified contractors and the lowest bid from the three pre- qualified contractors will be awarded the purchase order, however, each low Bid over $100,000.00 will be brought to Commission for approval to award; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and Authorize the City Manager to sign a contract with the list of the top ranked qualifiers as determined by the Evaluation Committee from the submissions received in response to the "Request for Qualifications for Cured -In -Place Pipe Lining (CIPP), RFQ No. U71.22-013, as pre -qualified Contractors with the skills, experience and requisite products needed to successfully perform Cured -In -Place Pipe Lining. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON REACH, FLORIDA, THAT, Section I The foregoing *Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon laid Wd CM4rACth fat QXW In Pla Pipe UniN - RM"DCX .I- 139 35 38 37 38 39 40 41 42 43 44 45 46 47 46 49 60 51 52 63 64 55 56 57 68 59 60 adoption. 5_eqjRp_2,. The City Commission of the City of Boynton Beach, Florida, hereby approves and authorizes the City Manager to sign a contract with the list of the top ranked qualifiers as determined by the Evaluation Committee from the submissions received in response to the "Request for Qualifications for Cured -In -Place Pipe Lining (CIPP), RFQ No. UTL22-013, as pre -qualified Contractors with the skills, experience and requisite products needed to successfully perform Cured -In -Place Pipe Lining, a copy of each Contract Is attached hereto and incorporated herein as Exhibits 'A*, 'B' and 'C. Sgs9an—L That this Resolution shall become effective immediately, PASSED AND ADOPTED this 19th day of April, 2022. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Angela Cruz Commissioner— Woodrow L Hay Commissioner — Thomas Turkin Commissioner—, VOTE ILL ATTEST: al Gibson, �MMC City Clerk (Corporate Seal) S-XAWM0Vwo=caA&wvd Bid and cowrwu far cured in puto P* iiiing - R"oA= .2- 140 P, 2";2 - cc'—q AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR CURED -IN-PLACE PIPE LINING, THIS AGREEMENT is entered into by and between, the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FIL 33435, hereinafter, referred to as "CITY", and GRANITE INLINER, LLC, authorized to do business in the State of Florida, wrth a business, address of 2531 Jewett )...ane, Sanford, Florida 3,2771, hereinafter referred to as, the "CONTRACTOR". The Contractor is retained by the City to perform cured -in-place piipe, fining in connection with the RFQ FOR CURED -IN-PLACE PIPE LIN IING; RFQ No.: UITL22-013, This Agreement applies to the performance of Cured-ln-Place Pope Lining, projects, which are projects, that consist of installing cured -in-place pipe finer using a resin-irnpregnated flexible tube imiethod that is formed to the originall conduit by use of hydrostatic pressure. Rehabilitations wilt be made to, the City's Wastewater arid existing Stormwater Systems, The Cured -Nn -Place Pipe Lining (CIPP) projects shalt be initiated by the City UP0111 issuance of a detailed solicitation and shall Ibe advertised to alI pre- qualiffied Cured -in -Place Pipe Mining (CIP,P) Contractors, As needed!, a Bid will be issued: ouffining the scope of services for specific task(s). The work will be performed on an as -needed basis at various tocations thiroughout the City of Boynton Beach and extended wastewater and storrnwater service area. No project Linder this contract shall require a bid, payment, or performance bond unless specifically noticed un the solicitation Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and a written Notice to Proceed. The award of bid wilt be based upon the pre -qualified Contractor's competitive proposal submittal, Work performed under Rhus Agreement shalt be in accordance with, the follownng Boynton Beach Utilities Standard Contract and Construction documents, 3,1 Request for Qualifications/Brd Document 3.2 Notice to Proposers 3,3 RFC/Bid Forms (inClUding the RFQ Docurnent, Bid, Scope of Service(s), Information Required i of Proposer, and a,il required certificates, affidavits, and other docurnentation, 3A Contract 3,5 Contractor's Performance and Payment Bond 3,6 GeneralConditions for Construction 3.7 Special / Supplementalt Conditions 3,8 Technical Spe6fications 3,91 City Construction Standards and Details (available ontine at: www,bgynton- beach/water, Laiiihes/new-GUIStr UCtk) 1) PM ----------- ------- - -- --------- - ------ 1-- ----- -- -------------------- ---------- 10,IJ Nu U ) t 2:-o[3 Vq)v I mmg M 141 110 Drawing�s specific to each project 3,11 Addendum No, 1 & Addendum No �11610101=1AZU01:4L Work under this agreement shall cornmence upon written notice Iby the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services, and provide all work products required pursuant to this agreement Upon written notice to proceed, This, Agrearnent shall commence upon Commission approval and shall be valid for an initial terns of three (3) years, The City of Boynton each nliay renew the contract with the same terms and conditilons, for two (2) one-year renewall periods subject to vendor acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City, At the City's request, the Firm shall continue services beyond the final expiration data as approved by the City Manager or. City Comirnission, Such extension(s) shall not exceed a six-nionth period. Payment for the work provided by CONTRACTOR shall be made promptly on all Applications for Payment / Invoices submitted to the City properly, provided that the total amiDUnt of payment to CONTRACTOR shalli not exceed the total contract price witholut express written modification of the Agreement signed by the City Manager or designee, The City will pay the CONTRACTOR for the performance of the work that is completed to date in accordance with the contract price at the lurnp sum or unit prices presented by the CONTRACTOR and accepted by the City, 6 A The CONTRACTOR may subrrift invoices to the City once per rnont1t) dUringi the progress of the work for partial payment for the project completed to date, Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved, 6,2 Final payment of any balance due to the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainrnent and verification by the City after the cornpletion of the work under this CONTRACT and its acceptance by the City, 6.3 Payment as provided in this section by the City shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work 6A The CONTRACTOR'S records and: accounts pertaining to this CONTRACT are to be kept avaflable for inspection by representatives of the City and State, for a period of three (3) years after the termination of the CONTRACT- Copies shall be made available upon request, 65 The City may withhold, in whole or in part, payment to such extent as rnay be necessary to protect itself frorn loss on account of; 6,51 Defective Work not rernedied. 6,5,2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR, 653 Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. 6r5 4 Damage to another CONTRACTOR not remedied, 6,5.5 V.iquidiated, Damages and costs incurred by the City for extended RKI No U] 122-013 Curol h I 111LIVC Pqm", hmnt; rt wr'IP 38 142 construction administration, FAIMIN M ely 07117,71 77117:7 or surety, sausiactTry to will protect the City in the amount withheld, payment may be made in whole or in part, CONTRACTOR warrants all work, materials, and equipment shall be free frorn damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Agreement, The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, arid/or workmanship within twelve (1 2) month period All documents, drawings, specifications, and other materials produced by the Firm in connection with the services rendered Under this Agreement shaH be the property of the City whether the project for which they are made is executed or not, The Firm shall be permitted to retain copies, including reproducible copies of drawings and specifications for information, reference, and use in connection with the Firm's endeavors. CONTRACTOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. — 0 11 CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents, and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or, death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR It INSURANCE: The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury„ and $1,000,000 per Occurrence/aggregate for property damage, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured"' and shall include a provision prohibiting cancellation of said po�licy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (1 r) days of execution of this agreement. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by SUCII policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a deductible per claim not to exceed ten percent (10%) of the limit of liability. Contractor shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Contractor acknowledges that the City is relying on the competence of the Contractor to design the project to meet its functional intent If it is RPQ No U r 122 Ml, Cmed-b)-rliave Npe I mmp (C'1141� 143 determined during construction of the project that changes must be made due to Contractor's negligent errors and omissions, Contractor shall promptly rectify them at no cost to City and shall! be responsible for addrtionial costs, if any, of the project to, the proportional extent caused by such negligent errors or omissions The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this agreement. Nothing: in this agreement shall be considered to create the relationship of ernployer and employee between the parties hereto, Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall riot be responsible for withholdling or otherwise deducting federal incorne tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer' with respect to CONTRACTOR, or any employee of CONTRACTOR. 13, COVENANT AGAINST CONTINGENT FEES: The CONTRACTOR warrants that he has riot ernployed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working sol'ielly for the CONTRACTOR, any fee, cornmission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award, or rnaking of this contract, For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its, discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee If a Contractor is awarded a contract as a, result if this solicitation, Contractor will, if Contractor has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting, the products or services awardled in accordance with the terms and conditions of the Request for Qualifications and resulting award. 11 1 ; I 1 111 I'll 0 . 0 The CONTRACTOR, with regard to the work, perforn-red by it under this agreement, will not discriminate on the grounds of race, colior, national ol religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 16, ASSIGNMENT: The CONTRACTOR shall riot sublet or assign any of the services, covered by this Agreement without the express written consent of the City. IMM Waiver, by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision, a. The City reserves the right to terminate this, Agreement at any time by giving ten (10) days written notice to the CONTRACTOR, b. In the event of the death of a member, partner, or officer of the CONTRACTOR, or any, of its supervisory personnel assigned to the project, the surviving members of the Ifl t,) Niii I J1 11,22.-01 ; Cwwddi�-Phcc hin I inHig WIPP� In 144 CONTRACTOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City, if the City so chooses. 19 DISPUTES: Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a Court of competent jurisdiction in Palm Beach County, Florida This Agreement shall be construed under Florida Law, •H 11115! 1111112 1111 R I I I i:i I! I P I I I! I I I I 1 1 !1! 111! 111 1111 1 Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following'. I "NA This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written Instrument signed by both City and CONTRACTOR. Sealed documents received by the City in response to an invitation are exempt frorn public records disclosure until thirty, (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 11'9.07'. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shaW A. Keep and maintain public records required by the CITY to perform the servim B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat or as otherwise provided by law; C. Ensure that Public records that are exempt or that are confidential and exempt frorn public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies Of Such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and R[QNo,IJI,22-0H Is 145 D Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systerns of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33436 661-742-6061 GIBSON.g �BBFLMS 23, E -VERIFY: 23.1 CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below, 23.1.1 Definitions for this Section: A. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, Supplies, or services to such employer" in exchange for a salary" wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant B. "Subcontractor' means a person or entity that provides labor, supplies, or services to or for a contractor or another, subcontractor in exchange for a salary, wages, or other remuneration. C "E -Verify systern" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employer's to electronically verify the employment eligibility of newly hired employees. 23.1 .2 Registration Requirement, Termination: Pursuant to Section 448,095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -Verify System in order to verify the work authorization status of all newly hired employees. Contractor, shall register for and utilize the U.S, Department of Homeland Security's Fµ Verify System to verify the employment eligibility of: A All persons employed by a Contractor to perform employment duties within Florida during the term of the contracto and S. All persons (including sub.vendo,rs/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach, The Contractor acknowledges and agrees that registration and use of the U.S. R [ Q N(,) UJ L2 2 - 0 ➢ 3 Cured tn-Phwc hpe hnkng ((11 11) 42 146 C. The Contractor shall comply with the provisions of Section 448,095, Fla. Stat., "Employment Eligibility," as arriencled from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees, Conti -actor shall also require all subcontractors to provide an affidavit attesting that the Subcontractor does not employ, contract with, or subcontract with, an unauthorized alien, The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated irnmediatejy. Any challenge to termination Linder, this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor,, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination, By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not or) the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract, The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287135, Florida Statutes, as amended from firne to time. 25. MISCELLANEOUS: 25.1' Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida, Any legal action arising from the terms of this Agreement shall be submitted to a Court of competent juirsdiction located in Palm Beach County 25,2 No assignment by a party hereto of any rights Linder or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without Such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 253 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, Successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents, RFQ No Ut 1,22-00 Cmed 1n41bhkc Pyc t,ming (C[1111a 147 25.4 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and Court costs, except as otherwise provided under the indemnification provisions set forth herein above 25,5 Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all Suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement, 25,6 At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement 257 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal agencies as applicable, 25.8 This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of thls, Agreement, and it constitutes the fLJII and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation, and the CONTRACTOR's bid proposal, this Agreernent shall govern then the solicitation, and then the bid proposal. 25,9 This Agreement will take effect once signed by both parties This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and effective Upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery, 261 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits pool - workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement CITY shall be the sole judge of non-conformance and the quality of workmanship. 26,2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this; Agreement by CONTRACTOR, 262,1 The abandonment of t'he project by CONTRACTOR for a period of more than seven (7) business days 26,2,2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee 262.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where Such failure shall continue for a period of seven (7) days after written notice thereof by CITY to CONTRACTOR" provided, however, that if the nature of CONTRACTOR's default is Such that snore than seven (7) days are reasonably required for its Cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such Cure to completion. kFQ No IJ] 122-013 Cmed InTkice hp c L"mig ((A I'll M 148 26,2A The assignment and/or transfer of this Agreement or, execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly pemiitted hereunder. 2625 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement Linder any law relating to bankruptcy (unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession Of Substantially all of CONTRACTOR's assets, or for CONTRACTOR's, interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) clays; for, attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 26,3 Remedies in Default, In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement, The Surety on the Performance Bond shall within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perfomi services under the Agreement, at its own cost and expense 26.31 Upon Such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that Would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services Linder the Agreement. 26,32 CITY may complete the Agreement, or any part thereof, either by day labor, use Of a Subcontractor-, or by re -letting a contract for the sarin, and proCUre the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of sarne to CONTRACTOR and/or the Surety together with the costs incident thereto to such default, 263,3 In the event CITY completes the Agreement at a lesser, cost than Would have been payable to CONTRACTOR Linder this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY, 26 15 Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR falls to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar ('14) days of the receipt by CONTRACTOR Of Such notice from CITY. R F 0 No U1 122-01 ; Gowd- I n HacQ Veli ^ I in ing (Ct [It' � M 149 "ThAgreement will taike effect once signed by both parties. Thiis Agreement may be signed by A facsimile signature shall constitute an original signature for all purposes.' IIN WITNESS WHEREOF, the parties have hereunto set their hands, and! seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract, in multiple copies, each ,if which shall be considered! an original on! the following dates. - day of fNA V'1% (4 DATED this -� —1-- CITY OF BOYNTON BEACH efftffe, City Manager Daniel Banken, Attest/Authenticated: RFQNoXTL22-013 C'mal-hi-Placc Pipe UniT44 (CIPP) District Manager Title %'.'j %'NATI #It, INLI May 1, 2(102 z Attest/AuthenMtw ,--wi tn e S --s el Cannon 46 150 NUIM��- Under the terms and conditions of all contracts, leases, and agreernents, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured This is done by providing a Cerlificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance cornpan' es providing insurance coverages must have a ourrent rating by AM Best Co, of "B+" or higher, (NOTE: An inswance contract or binder may be accepted as proof of insurence if Certificate is provided upon selection of vendor'.) Thefollowing is a list of types of insurance required of contractors, lessees, etc., and the kinits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise orlower the stated limits, based upon identified risk.) ------------------------- -.1. --- ---------- —1-- ............ 1---1-----.1 ------ ----------- -------- -- -------- General Liability General Aggregate $ 1,000,000 00 Commercial General Liability Products-Cornp/Op Agg $ 1,000,000,00 Oviners & Contractors Protective (OCP) Personal & Adv, Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med Expense (any one person) $ 5,00000 Promises Operations Undel'grWnd Explosion & Collapse Products Cornpleted Operations Contractual Independent Contractor's Fire Legal Liabilfty Professional Liability AUtOmobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos Aggregate - $ 1,000,000.010 Combined Single, Limit $ 1,000,000 00 --- I - — --- — -------- — ---------- -- --- — -- -------------- — ---- — --- — ----------------------------------------- — ----- — --- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be deteirnined Worker's Compensation Statutory Limits Ernpioyers Liability Property� Horneowners Revocable Permit Builder's Risk Installation Floater, Other - As Risk Identified to be determined iNSURAW F AIMSORY Each Accident $ 1,000,000 00 Disease, Policy Limit $ 1,000,000 00 Disease Each Employee $ 1,000,000,00 $ 300,000,0�O LiMits based on Project Cost Limits based on Project Cost Rcu tsed 4f202 1 151 1 WMAI, 3, Of NITA This Temporary Authorization is made pursuant to, and in accordance with, GMS FOA001 Limits of AUthodt Prot du 1. ("Procedure"), The undersigned authorizes and appoints the Inkner Area Manager & District Managertosign bid documents, on behalf of:Granite Inliner, LLC, rata to but not exceeding $2M. This authority is subject to the terms and conditions of the Policy, the firmts of authority granted to the Undersigned pursuant to Such Policy, the MA -GD -001 Limits of AuthorityMLMix (Exhibits A & B & C ) and all other applicable GMS policies, Dated: _1_1_2D22_ - Authorizing Individual: 44 Print Name: Denise C. McClanahan Instructions: Form to b This form ma be usgA_12,AI to si mature aerthorjty fc,r a kai0 uIdqdi!m n elerLt(gnic bid_. -L� comments se an executed copy Granite Monagement System (GMS) roan # FOA -F-005 Page I of I Me printed version of this docurnent is uncw trolled, Eflective Date: 12122120 Version No,: 2 The current version is stoped in electronic fomwt, Approved: TreaSLJI'er; VP, General Counsel 152 6.G Consent Agenda 06/6/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/ 6/2023 State Forfeiture Donation - Law Enforcement Trust Fund. Requested Action by Commission: Approve donation of $20,300 from the State Forfeiture Funds to the following non-profit agencies: Connect to Greatness, Inc. ($3,800) Boynton Beach Bulldogs ($5,000) The Bill Tome Foundation for Kids & Families ($7,500) Boy Scouts of America ($4,000) Explanation of Request: BBPD remains committed to positively influencing juveniles within the community through financial assistance, mentorship opportunities, or employment programs, all of which this donation helps to fund. These donations fulfill both our legal obligation under Florida State Statute 932 and the strategic intent of our department mission. The Statute states: if the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education, prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet the normal operating expenses of the law enforcement agency. This donation fulfills both BBPD's legal obligation under Florida State Statute 932 and the 153 strategic intent of the department's mission as the funds will be used for crime prevention through coaching, mentoring, promoting growth personally, socially, and academically. How will this affect city programs or services? These funds will help families in the community, through the different organizations. Fiscal Impact: Funds allocated from 691 Trust Fund. 154 6.H Consent Agenda 06/6/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/ 6/2023 Police Accounts Receivable Write Off Request Requested Action by Commission: Authorize the Finance Department to reduce the allowance for uncollectible accounts and the account receivable accounts for the Police Department by $39,386.35. This amount consists of unpaid Police detail charges and other adjustments. The write-off period is defined as FY2018 to FY 2019. Explanation of Request: Florida Statues Title VII 95.11, states that the City has four (4) years to collect an outstanding debt. The write-off requested meets the 4 -year threshold. It has been determined that these accounts are unlikely to be collected at this point and the appropriate action is to write them off completely. Attempts by the City to collect these past due amounts have been exhausted. The City established an amount for the allowance for uncollectible accounts annually based on overall outstanding receivables. By doing this, the requested write-off approval will have no impact on the City's financial statements. The write-off is a financial process and does not erase the debt of an individual or business. It is important to note; that the City will still collect any written -off debt that is possible. Additionally, although the amounts have been written off, the customer will have to bring their accounts into good standing if they wish to do business with the City in the future. How will this affect city programs or services? There is no impact to City programs or services. Fiscal Impact: This amount has already been accounted for in the allowance for uncollectible accounts on the financial statements. Attachments: FY 2023 Write Off Collections by Years.pdf 155 IM11"W" Joe DeGiulio A, Jack Dale 2100 High Ridge Road Chief of Police Assistant Chief Boynton Beach, Fl. 33426 561.742.6100 Collections by Years: Account Write -Off by Years Year Amount 2017 $ 153.85 2018 31,732.50 2019 7,500.00 Total $ 39,232.50 Professionalism � Respect , Integrity Dedication � Excellence www.bbpd.org li MM 6.1 Consent Agenda 06/6/2023 Proposed Resolution No. R23-072- Waiver of Right of First Refusal. Requested Action by Commission: Approve Waiver of Right of First Refusal for the house belonging to Latoya McCormick located at 220 NE 11th Avenue, Boynton Beach, Florida 33435. Explanation of Request: The house belonging to Latoya McCormick located at 220 NE 11th Avenue, Boynton Beach, Florida 33435 was purchased with the assistance of the State Housing Initiatives Partnership (SHIP) Program. $16,500.00 of the SHIP Program was secured by a thirty (30) year interest-free deferred loan (second mortgage and promissory note), as well as an Agreement for Right of First Refusal. This deferred payment loan was issued on February 12, 2008, under the guidelines of the City of Boynton Beach 2006-2009 SHIP Local Housing Assistance Plan (LHAP). The City has no interest to purchase the house; therefore, the City has been requested to waive the Right of First Refusal so the property can be sold. How will this affect city programs or services? There is no affect to City programs or services. Fiscal Impact: The City stands to recoup $16,500.00 of SHIP funds and $25,052.00 in shared equity that would be return to the SHIP program for future use. Attachments: Resolution approving Waiver of Right of First Refusal (McCormick SHIP LOAN) Waiver of Right of First Refusal - McCormick.docx Agreement for Right of First Refusal.pdf LHAP 2006-2009.pdf 157 1 RESOLUTION NO. R23-072 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 5 SIGN A WAIVER OF RIGHT OF FIRST REFUSAL FOR THE 6 HOUSE BELONGING TO LATOYA MCCORMICK LOCATED AT 7 220 NE 11TH AVENUE, BOYNTON BEACH, FLORIDA 33435; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the house belonging to Latoya McCormick Located at 220 NE 11th 11 Avenue, Boynton Beach, Florida 33435 was purchase with the assistance of the State Housing 12 Initiatives Partnership (SHIP) Program; and 13 WHEREAS, the amount of $16,500.00 of the SHIP Program was secured by a thirty 14 (30) year interest-free deferred loan (second mortgage and promissory note), as well as an 15 Agreement for Right of First Refusal; and 16 WHEREAS, the City has no interest in purchasing the house; therefore, the City has 17 been requested to waive the Right of First Refusal so the property can be sold; and 18 WHEREAS, any funds that the City receives as a result of the sale would be deposited 19 into the SHIP fund and used for future housing related projects/programs; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to approve 22 and authorize the Mayor to sign a Waiver of Right of First Refusal for the house belonging to 23 Latoya McCormick Located at 220 NE 11th Avenue, Boynton Beach, Florida 33435. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 25 BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 27 ratified and confirmed by the City Commission 28 Section 2. That the City Commission of the City of Boynton Beach does hereby 29 approve and authorize the Mayor to sign a Waiver of Right of First Refusal for the house 30 belonging to Latoya McCormick Located at 220 NE 11th Avenue, Boynton Beach, Florida 31 33435. S:\CA\RESO\Waiver Of Right Of First Refusal (Mccormick SHIP LOAN) - Reso.Docx 1 158 32 33 Section 3. That this Resolution will become effective immediately upon passage. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 PASSED AND ADOPTED this 6th day of June, 2023. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley ATTEST: VOTE Maylee De Jes6s, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) YES NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:\CA\RESO\Waiver Of Right Of First Refusal (Mccormick SHIP LOAN) - Reso.Docx 2 159 Prepared by and return to: Michael D. Cirullo, Jr., City Attorney City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 The CITY OF BOYNTON BEACH, FLORIDA (the "CITY"), a Florida municipal corporation, being the owner, holder and beneficiary of a right of first refusal on any sale or resale or transfer of the real property located at 220 NE 11th Avenue, Boynton Beach, FL 33435, hereby acknowledges that it has been offered the following described land pursuant to its right of first refusal, on the following basic terms, and the CITY hereby waives its right to exercise such right of first refusal on the following described transaction. SELLER: OFFEROR/BUYER: DATE OF CONTRACT Latoya McCormick Bride of Christ Tabernacle, Inc. April 14, 2023. PROPERTY DESCRIPTION: Lot 6, Block 3, MEEKS AND ANDREWS ADDITION TO BOYNTON BEACH, as recorded in Plat Book 5 Page 84, of the Public Records of Palm Beach County, Florida. PURCHASE PRICE Witness (Print Name) Witness (Print Name) $365,000.00 CITY OF BOYNTON BEACH, FLORIDA Ty Penserga, Mayor ATTEST: Maylee De Jesus, MMC, City Clerk 160 STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared, by means of ❑physical presence or ❑inline notarization, Ty Penserga, Mayor, as authorized representative of the City of Boynton Beach, Florida, who is ❑ personally known to me or ❑ has produced as identification and who did (did not) take an oath, and he acknowledged to and before me that he executed the foregoing instrument for the purposes therein expressed, pursuant to due authority. WITNESS, my hand and official seal this day of June, 2023. NOTARY PUBLIC My Commission Expires: 161 M" This Instrument was Prepared By: The City of Boynton Beach Post 0ifloe Box 310 Boynton Beach, Florida 33425 Return to Community Improvement CFN 20080056580 OR SK 22446 PC jail RECORDED 92115/2"a 13.541W Palo Beach County, Florida Sharon R. Rocks CLERX & Caz. nRMAM Pga 1311 - 1313; 1 3�,,iT;o) AQRgEMENT FOR RIGHT OF FIRST REFUSAL THIS AGREEMENT FOR RIGHT OF FIRST REFUSAL, made on this _Zlj� day of February, 2008, by and between: LaTqn: McCormick,_R sinq!e,�� nd the CITY bF BOYNTON BEACH, a Florida municipal -Tj4r—ei� ___'__ . .. ......... _ corporation (hereinafter the -CITY"), is being entered into simultaneously with the execution of and delivery of a Second Mortgage and Security Agreement to the CITY encumbering certain real property situate, lying and being in the County of Palm Beach, State of Florida, (hereinafter the 'Mortgaged Property") more particularly described as follows: Lot 6, Block 3, MEEKS AND ANDREWS ADDITION TO BOYNTON, according to the Plat thereof, as recorded in Plat Book 6, Page 84 of the Public Records of Palm Beach County, Florida. WHEREAS, the BonvNers have simultaneously executed a Second Mortgage and Security Agreement instituted under the SHIP Program of the City of Boynton Beach, in which the CITY agrees to an interest free deferred payment loan, payable upon default or sale of the Mortgaged Property in accordance to the terms of the Note; WHEREAS, the City Commission has adopted the Local Housing Assistance Plan by Resolution No. R06-088 and the now guidelines provide for the CITY'S Right of First Refusal on the Mortgaged Property. NOW THEREFORE, In consideration of mutual covenants, the parties hereby agree and warrant that: 1. Borrowers hereby acknowledge and agree that CITY shall have a Right of First Refusal with respect to the Mortgaged Property In accordance with the terms set forth herein. 2. The Right of First Refusal shall afford the CITY the right to purchase from Borrowers the Mortgaged Property for the same purchase Price as set forth in a written valid offer of a contract for sale and purchase tendered by a third party in an arms length transaction, provided that the purchase price represents the appraised fair market value of the Mortgaged Property and Borrowers provide written notice to City of their desire to accept said offer of a contract for sale and purchase. & CITY agrees to exercise or waive its Right of First Refusal within forty five (45) days of receipt of written notification with copy of a bona fide offer or proposed contract for purchase from a third party and copy Of the appraisal. 4. In the event the CITY elects not to exercise the Right of First Refusal as provided for In Section 3 above, then in that event, the CITY agrees to tender a written document In recordable form which would serve to release, terminate and waive its Right of First Refusal with a release or acknowledgement upon the actual closing of the Mortgaged Property, 162 0 MUMM enter into the agreed contract with the CITY and tD fuRy perform b terms, 6If the MY after exercising its Right of First Refusal, defaults or Nils to dose Refusal shall terminate and be cancelled, null and void, 7This Right of First Refusal shall not apply to any conveyance made by Borrowers to a trust, to any relative by Wood or to a siMaag, but in any eventmVirmopmV first refusal shall survive and be enforceable notoAthstanding any such conveyance, 8. , In the event of any of the Borrowees death, this Right of First Refusal shall be binding upon their successor and heirs, 9The parties agree to simultaneously execute and record this Agreement in the� Public Records of Palm Beach County, Florida. 10, This Agreement shall be deemed to be a covenant running wM the land, 1111, In the event of any litigation that arises out of the enforcement of ft Agreement, the prevailing party shall be entitled to recovery of all is and attorney fees expendable to enforce this Agreement IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day arid year first above written. Signed, sealed and delivered in our presence: WITr� Sss EMMM The foregoing 2008 by personally lk�, I'm NNEORYMM MORTIR PRINT NTa AME before me on this ILlh day of'44'Aknx "--111111111 . . . . Ware 3 Florid0j)rIver's License as identilfcation. j NOT'RY PUBLI Wr---nhy 'MK0V0rn8nftWJPWTGMC0rMJCk Aarwwnt for Right of Fftt RahmiAm 163 CITY OF BOYNTON BEACH, a Florida e municipal corporation m By: Brenda ,rnelius Title: ,,Affordable Housing STATE OF FLORIDA COUNTY OF PALM BEACH y ofll dak trump a . -,.. .,ori the CHy on behalf of the City, who Is personally known to me or has produoec! a Florida Driver's License as identifiestion. � Nib I al�ZP, II.PW� 164 This insinrm' t was prepares _Y: a' Th© City Of Boynton Beach Post Office Box 310 B0Ynt0n Beach Florida 33425-0310 J?bv*Aiill��nfty Improvement Imilillume Company 1450 Cor&ePark Blvd., Suite 225 West ftW Desch. FL 33401 (561) 696-6337- - - - THIS En= IFF1411111,111111111111111 CFN 200a085857j. OR BK 22446 Vd 1300 RECURIM 82J15/2N8 13t54107 P414 D"Ch COVIUtV, Florida ANT 16,5n.80 Doed Doe 57.75 Shw'0311 R. Dock,CLM & co"pTpALLER Pgo 1390 - 1310; (11p9m) AND SECURITY AGREEMENT ('Mortgage-), made this day of Fe 2qQ§ inal . . .... .. . ..... whose Post office address is, 4635 EM�erd`V"Qa131. . ....... # 9. Lake Worth, FL 7 (hereinafter called "Mortgagorl, and fHE CITY (50 BOYNT ON- -6jwGH:,, -a Flo -r . . . ..... Beach as Mortgagee and Secured Party, whose Post Office address is: ids municipal Florida 33435, (hereinafter called the "Mortgagee"), Mig"Mmim WHEREAS, I Is justly indebted to t6s WITNESSETH, sum 16 t7o�iq) and 001100 Dollars as evidenced by a certain P - — -Kot-e -1111 __1111111 rOmIssorY ote (I ote") of even date j�j" rewith, executed by and delivered to Mortgagee, Payable according to the terms therein Provided, and by reference being a part hereof to the same extent as though Set out in full herein; and WHERE", this second mortgage is an Interest-free deferred Payment loan Instituted under the City of Boynton Beach SHIP Program in Which the Mortgagor hOICIS the note and mortgage, and the loan will be paid upon the sale of the property if sold short of the term of the first mortgage or upon Mortgagor's default. NOW THIS INDENTURE WITNESSETH, to secure the Performance and observance by -1-__._"_d- _f hi�covins. LaToyp McCormick , n oon Itions and agreements in, a Note, this Seoon . ...... . and . . ..... . ortgage, and any other instrument, agreement or document collateral to or executed or delivered in connection with the loan transaction, (collectively the "Loan Documents"), and in order to charge the properties, interest and rights hereinafter described with such Payment, performance and observance, and for and in consideration of the sum of TEN ($10. Do) DOLLARS paid by YqY�, McCormick and for othi-r"valua ' a " Sider' ggra `,acknowieg ihir—lp-(-,""diGf�jad, the Mortgagor does herebnt, bargain, sell, alien, remiss, release, convey, assign, transfer, mortgage, hypothecate, pledge, deliver, set over, warranty and confirm unto the Mortgagee, its successors and assigns forever; i :` 1 64 ,1 ki 165 ALL that certain piece, Parcel Or tract of land In which the Mortgagor has a fee simple interest situate In the County of Palm Beach, State of Florida (hereinafter called the 'Land"), mors Particularly described as follows: Lot 6, Block 3. MEEKS AND ANDREWS ADDITION TO BOYNTON, according to the Plat thereof, as recorded in Plat Book 5. page84 of th Public Records of Palm Beach County, Florida. e Property address: 220 N.r:, 11th Avenue, Boynton Beach, Florida 33435 PCN: 08-43-45-21.22-003_0060 TOGETHER WITH all lands, buildings, Structures and improvements Of every nature whatsoever now or hereafter situated on the Land, and all fixtures, machinery, equipment, fUmiture and other personal Property Of every nature whatsoever now or hereafter owned by the Mortgagor and located In, on, of used or intended to be used In connection with the Operation of the Land, building, structures or other improvements, betterments, renewals, and replacements to any of the foregoing; and all Of the right, title and interest of the Mortgagor in any such personal Property or f0dures subject to a conditional sales contract, chattel mortgage or similar lien or claim together with the benefit of any deposits or Payments n or hereafter made by the Mortgagor or on Mortgagor's behalf; now me TOGETHER WITH a security interest in (1) all property, equipment and fixtures ix to affixed or located on the Mortgaged Property, which, to the fullest extent Permitted by law, shall be deemed fixtures and a part of the real property, (I!) all artIcjG8 Of personal property and all materials delivered to the Mortgaged Property for the use and operation of said property Or for use in any construction being conducted thereon, and owned by Mortgagor(111) all n rights, including construction contracts, service contracts, advartisin r' co tract orders, equipment leases, all other contract rights assocla g contracts, Purchase led with the Mortgaged Property, general intangibles, actions and rights of action, all deposits prepaid expenses, permits, licenses, including all rights to insurance proceeds, (IV) all right title and interest Of the Mortgagor In all trade names and trademarks hereinafter used in connection with the use of the Mortgaged Property, and (V) all proceeds, products, replacements, additions, substitutions, renewals and accessions of any of the foregoing. Mortgagorreby gr Mortgagee, as a secured party, a security interest in all fixtures, rights in action he grants to rtg -operative security agreement with respect to Such Property, but herein. This Mortgage Is a Self and personal Property described Mortgagor agrees to execute and deliver on demand such other security agreements, financing statements and other instruments as Mortgagee may request in order to perfect its security interest or to impose the lien hereof more specifically upon any of such property. In addition to those specified herein Mortgages shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Page 2 of 11 i.: 1.01 Performance of Note and Mortgage. The Mortgagor will perform, observe and comply with all provisions hereof, of the Promissory Mote (hereinafter referred to as "Note") secured hereby and any of the other Loan Documents, and will promptly Pay to the Mortgagee the sum of money expressed in the Promissory Note with interest thereof and all other sums required to be paid by the Mortgagor pursuant to the provisions of the Amended and Restated Note and the Mortgage on the day or days when payment shall become due, all without deduction or credit for taxes or other similar charges paid by the Mortgagor, time being of the essence for such payments. The Loan secured by this mortgage shall be paid to the Mortgagee without interest upon sale of the property and shall be for the term of the first mortgage. If the property is not sold prior to the expiration of the firsttgage,.then the loan shall be fully forgiven and nothing shall be owed. 1.02 Warranty of Title. The Mortgagor covenants that it is Indefeasibly seized of the Land in fee simple, has good, marketable and absolute title to the Mortgaged Property and has full power and lawful right to cone and ma Pro y mortgage the same in the manner and form afanesaid. That the Mortgaged Property is free from all encumbrances except taxes for the current further assd ft urance successors, n Perfect otheSungmiitted enc m _..,..,, mortgage pe yfee slmPle title to the Land In theM s The Mortgage hereby, reasonably required. The Mortgagor does hereby fully warranty the title ttoa the Mortgaged gee may be Property against claims of all persons whomsoever. 1.03 Insurance. Mortgagor shall keep the improvements now existing or hereafter erected on the Mortgaged Property, insured against loss by fire or other hazards, casualties, and contingencies, including but not limited to flood, in such amounts and for such periods as may be required by Mortgagee, and to pay promptly when due, all premiums on such insurance Policies or renewals. 1.04 Condemnation. If all or any part of the Mortgaged Property shall be damaged or taken through condemnation (which term when used in this Mortgage shall include any damage or taking by any governmental authority, and any transfer by prtvate sale in lieu thereof, either temporarily or Permanently), the entire indebtedness secured hereby shall at the option of the Mortgagee become immediately due and payable if the Mortgagee in its sole discretion determines that its security under this Mortgage is impaired. The Mortgagee shall be entitled to all compensation, awards, and any other payments of relief therefore and is hereby authorized, at its option to Commence, appear in and prosecute, in Its own or the Mortgagor's name, any action or proceeding relating to any condemnation, and to settle or compromise any elalm in connection therewith. All such compensation, awards, damages, claims, rights of action and proceeds and the rights thereto are hereby assigned by the Mortgagor to the Mortgagee, who after deducting therefrom all its expenses including attorneys, fees, may release any monies so received by it without affecting the lien of this Mortgage or may apply the same in such manner as the Mortgagee shall determine, to the reduction of the sums secured hereby, and any balance of such monies then remaining shall be paid to the Mortgagor. The Mortgagor agrees to execute such further assignments of any compensations, awards, damages, Maims, rights of action and proceeds as the Mortgagee may require. Page 3 of 11 167 1.05 Expenses. Mortgagor shall pay, or reimburse Mortgagee for all costs, charges and expenses, including reasonable attorneys fees, including appellate proceedings, and disbursements, and costs of abstracts of title Incurred or paid by Mortgagee In any action, proceeding or dispute in which Mortgagee is made a part or appears as a Party plaintiff or party defendant because of the failure of the Mortgagor promptly and fully to perform and comply all conditions and covenants of this Mortgage and the Note secured with limited to, the foreclosure of this Mortgage, condemnation of all 0 hereby, including but not incurred by Mortgagee shall become due and payable - All costs, charges and expenses so Property, or any action to Protect the security thereof r part of the Mortgaged interest thereon at the default rate as hereinafter defined from the d Mortgagee, together with an whether or not there be notice, demand, attempt to collect or suit pending. The amounts so paid or incurred by Mortgage. Incurred until paid by Mortgagor, shall be secured by the lien of this UniH19=0 wj�tl 2.01 Event of Deftult. The term "Event of Default" wherever used in the Mortgage, shall mean any one or more of the following events: (a) Failure by Mortgagor to pay, within fifteen (15) days of Its due date any deposits for taxes and assessments or Insurance Premiums due hereunder, or any other sums to be paid by Mortgagor hereunder or under any other instrument securing the Note. (b) Failure by Mortgagor to duly keep, perform and observe any other covenant, condition or agreement in the Note, this Mortgage or any of the other Loan Documents for a period of tan (10) days after the Mortgagee gives written notice specifying the breach. If the default cannot be cured within such ten daM themmen ment such action to cure the default and the diligent and continuing effort to cure same shall be acceptable. (c) If Mortgagor or any endorser or guarantor of this Note shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or Insolvent, or shall file any petition oranswer seeking any reorganization, arrangement, composition, readjustment, liquidation, wage eamer's plan, assignment for the benefit of creditors, receivership, dissolution, or similar relief under an y Present or future Federal Bankruptcy Act or any other present or future applicable federal, state or other Statute or law, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Mortgagor for all or any part of the properties of Mortgagor or of any guarantor or endorser of the Note; or If within thirty (30) days after commencement of any Proceeding against Mortgagor or any guarantor or endorser of the Note, seeking any reorganization, arrangement COMPOSifion, readjustment liquidation, dissolution, debtor relief or similar relief under any present or f federal, m or or Statute or law, such proceeding shall not have been dismissed or future to other the thirty days after appointment without the consent or acquiescencestayed on appeal; or if, within endorser or guarantor of the Note, of any trustee, receiver, 0 of Mortgagor or of any r liquidator of Mortgagor or any endorser or guarantor of the Note, or of all or any portion of the Mortgaged Property, such appointment shall not have been vacated or stayed on appeal or otherwise; or If within ten (10) days after the expiration of any such stay, Such appointment shall not have been vacated. Page 4 of 11 168 (d) The entry by any court of last resort of a decision that an undertaking by encumbrances is legally inoperative ns a the Mortgagor as herein provided to Pay taxes, assessments, levies, liabilities, obligations r or cannot be enforced, or in the event of the Passage of any law changing in any way or respect the laws now In force for the taxation Of mortgages or debts secured thereby for any Purpose or the manner Of collection of any such taxes, so as to effect adversely this Mortgage or the debt secured hereby unless the Mortgagor can and does in a proper and legal manner, pay any and all sums of whatever kind which may be incurred or charged under such new or modified law. (a) If foreclosure Proceedings should be Instituted on any mortgage inferior or superior to the Mortgage, or if any foreclosure proceeding Is instituted on any lien of any kind which is not dismissed or transferred to bond within thirty (30) days of the service of foreclosure proceedings on the Mortgagor. M Any default under any mortgage superior or Inferior to the Mortgage (9) Any Modification of any mortgage Superior or inferior to the Mortg"e, increase In the amount outstanding under any per or Inferior mortgage, whether Pu nt to a future advance agreement or otherwise, or waiver of any principal or interest payments rsua any note or mortgage superior or inferior to this Mortgage, or on modification of any guaranty affecting any superior or Inferl release of any guarantor or or mortgage. (h) Any breach of any warranty or material untruth of any representation of Mortgagor contained in the Note, this Mortgage or any of the other Loan Documents. (1) Any action prohibited by Paragraph 3.01 infra. 9) If the mortgaged Property is sold, transferred or refinanced prior to the expiration Of the first mortgage or any prior mortgage the entire amount of the loan shall be retumed forthwith to Mortgagor, the CRY of Boynton Beach SHIP Program. W Upon the homeowners) death, Provided that the new owner is not income eligible under SHIP Guidelines andior the dwelling on the mortgaged PrOPOrtY Is not the primary residence of the new owner. For the now Omer to be eligible, he or she must set up Primary residence in the dwelling within a reasonable time and be income eligible under HIP guidelines. If the new owner Is not eligible, the loan shall be due and payable to the Mortgagor. (1) Lease of any portion of the mortgaged Property to a third party. 2.02 Acceleration of Maturity. If an Event of Default shall have occurred and be continuing, the Mortgagee may, at its sole option, declare the entire principal amount of the Note then unpaid, and the interest accrued thereon to be due and Payable immediately, and upon such declaration such principal and interest shall forthwith become and be due and payable, as fully and to the same effect as if the date of such declaration were the date originally specified for the maturity of the unpaid balance of the Note. Page 5 Of 11 169 2.03 Mortgagee's Power of Enforcement. If an Event of Default shall have occurred and be continuing the Mortgagee may proceed by suit at law or in equity or by any other appropriate proceeding or remedy (a) to enforce payment of the Note or the performance of any term hereof or any other right (b) to foreclose this Mortgage and to sell, as an entirety or in separate lots or parcels, the Mortgaged Property, under the judgment or decree of a court or o courts of competent jurisdiction, and (c) to pursue any other remedy available tit, all as the Mortgagee shall deem most effectual for such purposes. The Mortgagee shall take action either by proceedings or by the exercise of its powers possession, as the Mortgagee may determine. with respect to entry or tatting 2.04 Leases. The Mortgagee, at the Mortgagee's option, is authorized to foreclose this Mortgage subject to the rights of any tenants of the Mortgaged Property, and the failure to make any such tenants parties defendant to any such foreclosure proceedings and e foreclose their rights will not be, nor be asserted to by the Mortgagor, a defense for any proceedings instituted by the Mortgagor to collect the sums secured thereby, or any deficiency remaining unpaid after the foreclosure sale of the Mortgaged Property. 2.06 Principal and Interest Become Due on Foreclosure. Upon commencement of suit or foreclosure of this Mortgage, the unpaid principal of the Note, if not previously declared e an due, and the interest accrued thereon, shall at once become be Immedladue and payable. 2.06 Waiver of Appralsement, Valuation, Stay, Extension and Redemption Laws. The Mortgagor agrees to the full extent permitted by law, that in case of default on its part hereunder, neither the Mortgagor nor anyone claiming through or under it shall or will set up, ciaim or seek to take advantage of any appraisement, valuation, stay, extension, or redemption laws now or hereafter in force, in order to prevent or hinder the enforcement or foreclosure of this Mortgage, or the absolute sale of the Property being conveyed, to the final and absolute putting into possession thereof, immediately after such sale; the purchasers thereof, and the Mortgagor, for itself and all who may at any time claim through or under if, hereby waive to the fit of all such laws, and any and all right to have full extent that it may lawfully do so, the bene the assets comprised in the security intended to be created hereby marshaled upon any foreclosure of the lien hereof and agrees that the Mortgagee or any court having jurisdiction to foreclose such lien may sell the Mortgaged Property as an entirety. 2.07 Acceleration; Application of Monies by Mortgagee. (a) If default shall be made in the payment of any amount due under the Mortgage or the Dote secured hereby, then, upon demand of the Mortgagee, the Mortgagor will lay to the Mortgagee the entire amount due and payable under the Note. If Mortgagor shall fall to pay the same forthwith upon such demand, the Mortgagee shall be entified r sue for and to recover a judgment for the whole amount so due and unpaid together with oasts, which shad include the reasonable compensation, expenses and disbursements of the Mortgages agents and attorneys either before, after or during the pendency nt any proceedings far the enforcement of the Mortgage Including appellate proceedings. The right of the Mortgagee to recover such judgment shall not be affected by any taking, possession, or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this Mortgage, or the foreclosure of the lien hereof. Page 6 of 11 170 (b) in case of a foreclosure sale of any of the Mortgaged Property and of the application of the proceeds of sale to the payment of the debt hereby secured, the Mortgagee shall be entitled to enforce payment of and to receive all amounts then remaining due and unpaid upon the Note, and the Mortgagee shall be entitled to recover a judgment for any portion of the debt remaining unpaid, with interest. (c) The Mortgagor agrees to the full extent that it may lawfully so agree, that no recovery of any such judgment by the Mortgagee and no attachment or levy of any execution upon any such judgment upon any of the Mortgaged Property or upon any other Property shall in any manner or to any extent release the lien of the mortgage upon the Mortgaged Property or any part thereto for any liens, rights, Powers or remedies of the Mortgagee hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before. (d) Any monies thus collected by the Mortgagee or received by the Mortgagee under this paragraph 2.07 shall be appliedas follows: "First, to the payment of the reasonable attorneys fees and expenses incurred by Mortgagee, its agents and attomeys, Including but not limited to taxes paid, insurance Premiums paid receivers fees, etc. Second toward Payment of the amounts due and unpaid upon the Note." 2.08 Delay or Omission No Waiver. No delay or omission of the Mortgage or of any holder of the Note to exercise any right, power, or remedy accruing upon any default shall exhaust or impair any such right, power or remedy nor shall same be construed to be a waiver of any such default, or acquiescence, herein; and every right, power and remedy given by this Mortgage to the Mortgagee may be exercised by Mortgagee from time to time and as often as may be deemed expedient by the Mortgagee. 2.08 No Waiver of One Defautt to Affect Another. No waiver of any default hereunder shall extend to or shall affect any subsequent or any other existing default or shall impair any rights, Powers or remedies consequent thereon. If the Mortgagee (a) grants forbearance or an extension of time for the payment of any sums secured hereby, (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein or in the Note, (d) releases any part of the Mortgaged Property from the Note or Mortgage; (e) consents to the filing of any map, plat or replat thereof, (f} consents to the granting of any easement thereon, or (g) makes or consents to any agreement subordinating the lien hereof, any such act or omission shall not release, discharge, modify, change or affect the original liability under the Note or otherwise of the Mortgagor or any subsequent purchaser of the Mortgaged Property or any part thereof, or any maker, co-signer, endorser, surety or guarantor; nor shall any such act or omission preclude the Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event of any other default then made or of any subsequent default nor, except as otherwise expressly Provided In an instrument or instruments executed by the Mortgagee, shall the lien of this Mortgage be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the Mortgagee, without notice to any person or corporation, is hereby authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the Indebtedness secured hereby, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder. Page 7 of 11 171 2.10 £lis wntlnuance of Procreedings - Position of Parnas Restored. to case the Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage se foreclosure, entry or otherwise, and by such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Mortgagee, then in every such case, the Mortgagor and the Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of the Mortgagee shall continue as If no such proceeding has been taken. 2.11 Remedies Cumulative, No right, power or remedy conferred upon or reserved by the Mortgagee by this Mortgage, is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and current and shall be In addition to any other right, power and remedy given hereunder or nor or hereafter existing at law or in equity or by statute. 2.12 Subrogation. The Mortgagee hereby is subriagated to the claims and liens of all parties whose claim or liens are discharged or paid with the Proceeds of the indebtedness secured by this Mortgage. MISCELLANEOUS PROVISIONS 3.41 No Transfer. It is understood and agreed by Mortgagor that as part of the inducement to Mortgagee to make the loan evidenced by the Nate, Mortgagee has considered and relied upon the credit worthiness and reliability of Mortgagor. Mortgagor covenants and agrees not to assign, sell, convey, transfer, lease, enter into any management agreement, or further encumber any Interest in or any part of the Mortgaged Property without the prior written consent of the Mortgages, and any such sale, conveyance, transfer, tease, or encumbrance made without Mortgagee's prior written consent shalt constitute an event of default hereunder, If the Mortgagor is not an individual, It is further understood and agreed that any assignment, sate, conveyance, transfer, encumbrance or pledge of any ownership interest of the Mortgagor without the Mortgagee's prior written consent shall be deemed a transfer of the Mortgaged Property and prohibited herein. rm Commercial Code, he Parties agree that this agreemen2 under the n form CommercialTCodee for the purpose of creating ais a Ilan on the Mortgaged Property. 3.03 Maximum Rate of Interest. Nothing herein contained torr in the Note secured hereby or any instrument or transaction related thereto, shall be construed or so operate as to require the Mortgagor, Maker, or any person liable for the payment of the loan made pursuant to said Note, to pay Interest in an amount or at a rate greater than the maximum allowed by law. Should any interest or other charges in the nature of interest paid by the Mortgagor, Maker or any parties liable for the payment of the loan of Interest in excess of the eximum rate of interest allowed by applicable law, then any and all such excess shall be and the same is hereby waived by the holder hereof, and all such excess shall be automatically creditsct against principal, balance shall be pant by the holder hereof to the Mortgagor, Maker or and in reduction of the principal balance, and any portion of said excess which exceeds the liable for the payment of the loan made pursuant to said Note, it being any parties the intent of the parties hereto that under no circumstances shall the Mortgagor, Maker or any parties liable for the Payment of the loan hereunder, be required to pay interest in excess of the maximum rate allowed by law, Page 8 of 11 172 3.04 Default Rate. The Default Rate of interest shall be applicable subsequent to an Event of Default as defined in Paragraph 2.01 and where elsewhere provided for in this Mortgage. The Default Rate shall be the maximum interest rate per annum permissible under Florida Law, or Federal Law in the event Federal Law preempts Florida law or Is othervAse applicable 3.05 Attorneys Fees and Expenses. Wherever Provision Is made herein from payment for reasonable attorneys fees or counsel fees or expenses Incurred by the Mortgagee, said provision shall include, but not limited to, reasonable attorneys' or counsels fees or expenses incurred In any and all judicial, bankruptcy, reorganization, administrative, or other proceedings, including appellate proceedings, whether such proceedings arise before or after entry of a final Judgment, 3.06 Notice. (a) Mortgagor, Any notice, demand or Instrument authorized by this Mortgage to be served on or given to the Mortgagor may be served on or given to the Mortgagor at 220 NE� I I' Avenue FL 33435 . .. ....... . ........... or at such other address as May have been furnished In writing to the Mortgagee by the Mortgagor, (b) Mortgagee. Any notice demand or instrument authorized by this Mortgage to be served on or give to the Mortgagor may be served on or given to the Mortgagor at: CITY OF BOYNTON BEACH ATTN: CITY ATTORNEYS OFFICE 100 EAST BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA 33435 or at such other address as may have been fumished in writing to the Mortgagor by the Mortgagee. 3.07 Headings. The headings of the articles, sections, Paragraphs and subdivisions of this Mortgage are for convenience of referece only, and are not to be considered a part hereof, and shall not limit or otherwise affect any of the terms hereof. 3.08 Invalid Provisions to Affect No Others. In case any one or more of the covenants, agreements, terms Or Provisions contained In this Mortgage, the Note or any of the other Loan Documents, shall be invalid, Illegal or unenforceable in any respect, the validity of the remaining covenants, agreements, terms or provisions contained herein and in the Note shall be in no way affected, prejudiced or disturbed thereby, Page 9 of 11 173 4.01 Guarantors. As Part Of the inducement to the Mortgagee to make the loan evidenced by the obligation secured hereby, the Mortgagor has caused certain other persons to enter Into continuing and unconditional guarantees of payment of any and all indebtedness and agreed by the Mortgagor that such representations and agreements by such other persons shall constitute for the purpose of its obligations hereunder, covenants on behalf of the Mortgagor. Page 10 of 11 174 IN WITNESS WHEREOF, Borrower and Lender have caused this Second Mortgage and Security Agreement to be executed in their names, all by authority duly given as of the day and year first above written, Signed, sealed and delivered in the presence of: ,ASC VVITdESS WITNESS STATE OF FLORIDA COUNTY OF PALM BEACH) ...... . ... MORTGAu R - L.C�y PRINT NAME PRINT NAME �l hereby certfy that on this clark-betua-m and naM PbOve to take acknowledgements, personally ap ared pe personally i;,as produced r . . . ................ as identification] to be the person(s) described as Mortgagors in and who execute d , t 6 he foregoing mortgage and acknowledged before me that said persons executed that mortgage, Witness my hand and official seal in the County and State named above this ............ 'Ia t , — day of Fe§rpwy, 2008 om Print Name: Page 11 of 11 175 la "•" FOR VALUE RECEIVED the undersigned, 6 linahe-r", referred' to --- as "Makers") promise to pay to the order of the CITY OF BOYNTON BEACH, a Florida municipal corporation, or its successors or assigns (collectively referred to as the "Holder*), at its offices located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 or such other place as the Holder hereof may from time to time designate in writing, the principal sum of Sixteen Thousand Five Hundred and 00/100 Dollars to be paid in lawful monoy of the Un I t , ad §tii'ie-s-of shall be— legal tender in payment of all debts and dues, public and private, at the time Of payment as follows: This Is a deferred payment loan issued under the guidelines Of the City of Boynton Beach SHIP Program in which the Makers shall payoff the loan at the time the Mortgaged Property is sold prior to the foil term of the first mortgage. In the event that the Mortgaged Property Is sold prior the full term of the first mortgage, Makers shall pay the full amount of subsidy granted by the City and share equity at the fair market value at the following rate: Years of Ownership Percentage Repaid to city 1-5 80% 6-20 50% 21-30 15% If the Mortgaged Property is not sold prior to the full term of the first mortgage and remains the permanent residence of the Makers, then in that event this Note shall be forgiven and released, The Maker's must permanently reside on the Mortgaged Prop" during the term of the Note and Mortgage. In the event the Makers fail to Comply or default, the entire unpaid principal balance shall be fully due, owing, and payable from the Makers to the Holder. This Note Is secured by a Mortgage Deed a/k/a Second Mortgage and Security Agreement (the "Mortgage") of even data herewith encumbering and conveying real estate and property (the "Mortgaged Property") therein described and duly recorded among the Public Records of Palm Beach County, Florida, The Makers shall pay any and all applicable federal, state and/or local taxes with regard to the oblations set forth herein and shall provide the Holder with annual paid tax receipts within thirty (30) days subsequent to annual payment of obligations, Failure to timely Pay such taxes shall be an event of default as provided for hereinafter. It is hereby agreed that 1 In the event default be made In the Performance or compliance with any of the covenants and conditions of any security agreement now or hereafter In effect securing payment of this Note; then, in any or all such events, the entire amount of principal of this Note with all interest then accrued, ff any, shall, at the option of 176 the Holier of this Note and without notice (the Makers expressly waives notice of such default), become and be due and collectable, time being of the essence of this Note. If this Note shall not be paid at maturity or according to the tenor thereof and strictly as above provided, it may be placed In the hands of an attorney at law for collection, and in that event, each party liable for the payment thereof, as Makers, endorser, guarantor, or otherwise, hereby agrees to pay the holder hereof in addition to the sums above stated, a reasonable sum as an attorneys fee. which shall include attorneys fees at the trial level and on appeal, together with all reasonable costs incurred. Makers shall be in default of this Note if during the term of this Mote, they assign, sell, convey, transfer, lease, enter into any management agreement, further encumber, or vacate the premises. In the event of such default the loan amount of the promissory note shalt be immediately due and payable. This Note is pre -payable in whole or in part at any time without penalty. As to this Note and the Mortgage, and any other instruments securing the indebtedness, the Makers, endorsers and guarantors, if any, severally waive presentment, protest and demand, notice of protest, demand and dishonor and nonpayment of this Mote, and expressly agree that the Maturity Date of this Note, or any payment hereunder, may be extended from time to time without In any way affecting the liability of the Makers, endorsers or guarantors. Nothing herein contained, nor in any instrument or transaction related hereto, shall be construed or so operate as to require the Makers, or any person liable for the payment of the loan made pursuant to this Note, to pay interest In an amount or at a rate greater than the highest rate permissible under applicable law. Should any interest or other charges paid by the Makers, or any parties liable for the payment of the loan made pursuant to this Note, result In the computation or earning of interest in excess of the highest rate permissible under applicable law, then any and all such excess shall be and the same is hereby waived by the holder hereof, and all such excess shall be automatically credited against and in reduction of the principal balance, and any portion of said excess which exceeds the principal balance shall be paid by the holder hereof to the Makers and any parties liable for the payment of the loan made pursuant to this Note, it being the intent of the parties hereto that under no circumstances shall the Makers, or any parties liable for the payment of the loan hereunder, be required to pay interest in excess of the highest rate permissible under applicable law. This Note is to be construed according to the applicable laws of the State of Florida and the United States of America. MA $� SIGNATURt LATOYA McCORMICK SIGNATURE 177 rw 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 Is 19 20 21 22 23 24 25 26 27 28 29 dP.! A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN, FOR STATE FISCAL YEARS 2006-07, 2007-08 AND 2008-09; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Florida Statutes Chapter 420, dedicated revenues resulting from the William E. Sadowski Affordable Housing Act are distributed to various municipalities that are "entitled" communities to assist with affordable housing efforts; and WHEREAS, The Plan (attached hereto and made a part hereof) was initially established in 1997 with input from citizens directly involved in the housing industry, and is consistent with the housing element of the City's Comprehensive Plan; and WHEREAS, the City finds pursuant to Chapter 420.3075(6), Florida Statutes, that 5% of the Local Housing Distribution is insufficient to adequately pay the necessary costs of administering the Local Housing Assistance Plan, and intends to utilize the maximum allowable distribution of 10%; and WHEREAS, upon the recommendation of staff, the City Commission deems it to in the best interests of the citizens and residents of the City of Boynton Beach to adopt City's Local Housing Assistance Plan (LHAP) for State Fiscal Years; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are true and correct and are hereby Housing Pian 0607-0909.doc 178 1 1 1 2 4 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 ttified and confirmed by the City Commission' Section 2. The City Commission of the City of Boynton Beach, Florida, hereby dopts the City's Local Housing Assistance Plan (LHAP) for State Fiscal Years 06/07 - )8/09, subject to receipt of funding. SecgqA_j,, This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this al day of May, 2006. CITY OF BOYNTON BEACH, FLORIDA IIATTEST: Mw� r 17, C Sea]) 11 SACMPESMStIlP Housing Plan 0607-0909AM I nimissioner Commissioner 179 CITY OF BOYNTON BEACH STATE HOUSING INITIATIVES PARTNERSHIP For State Fiscal Years 2006/2007, 2007/2008, and 2008/2009 180 City of Boynton Beach state Housing Initiative Partnership (SHIP) Program Local Housing Assistance Plan State Fiscal Yeam 2OQ612007, 20OZ12008, 20081 The City of Boynton Beach's Local Housing Assistance Plan was initiated with the adoption of Ordinance No. 97-11 on May 6, 1997. The program was designed to promote and implement the goals of the State Housing Initiatives Partnership (SHIP) Program and the City's Comprehensive Plan by producing and preserving affordable housing. it is used citywide to increase affordable housing for very - low income, low-income, and moderate -income households within the City. The program also helps implement the goals of the City's Community Development Block Grant (CDBG) Consolidated Plan. This will be achieved pursuant to the SHIP program through production, acquisition, and rehabilitation of affordable housing using funds as provided by the SHIP Act, and will be expended in the following manner: A. Approximately eighty seven percent (87%) of the funds will be used by the City to implement the program in the following manner. 1. Purchase Assistance - The City of Boynton Beach will provide GAP financing in the form of no interest, deferred loans to eligible, qualified households for down payment assistance,, closing costs, and mortgage interest reduction, for the purchase of a new or existing home, which may or may not need additional rehabilitation repairs. This strategy supports the City's Comprehensive Plan Housing Element objective of providing increased housing opportunities for very low, low, and moderate -income persons, as well as the Consolidated Plan objective of assisting cost -burden to purchase homes. The zero percent interest deferred payment loan will be concurrent with the first mortgage. In the event the property is transferred, sold, refinanced, or ceases to be owner occupied within the loan term, the principal amount will become due and payable. This strategy will serve very -low, low, and moderate -income households. 2. Rehabilitation/Emergency Repair — Eligible persons who own and occupy substandard housing units may be awarded funds to rehabilitate such units as eligible housing. This strategy furthers the City's Comprehensive Plan Housing Element objective of maintenance of the existing housing stock. 181 3. Disaster Mitigation/Recovery — SHIP funds will be used to provide emergency repairs to income eligible households in the aftermath of a natural disaster to address emergency housing repair needs, assist with insurance deductible requirements, and provide short term housing. B. The City of Boynton Beach has targeted the older more depressed area east of Interstate 95, west of the FEC railroad as the area of preference for redevelopment where SHIP funds will be used. However,, these funds are also available for eligible applicants anywhere in the city limits. Mobile homes and rental properties are not eligible for assistance. However, condominiums and townhouses have been identified as those housing units more affordable to applicants with special needs, as well as single parents. Therefore, these units will be allowed. C. The Plan covers a three (3) year period covering fiscal years 2006/2007, 2007/2008, and 2008/2009. D. The Three Year Housing Assistance Plan was developed from information and suggestions solicited from local lenders, developers, realtors, and non-profit developers of affordable housing and support services. The following organizations were major contributors to the strategy; The Community Financing Consortium, Inc., The Boynton Beach Faith -Based Community Development Corporation (BBFBCDC), the Local Initiatives Support Corporation (LISC), and a collaborative of various local lenders as well as developers. The Plan was refined and developed with the input received on administration, partnerships, funding limits, program strategies, and homeowner training. E. Support Services: The Local Partnership has a variety of organizations that provide services to SHIP applicants. The Boynton Beach Faith -Based CDC, a non-profit organization also supported by USC and a sub recipient of the city of Boynton Beach's CDBG funds has taken an aggressive roll in this endeavor. This organization acts as a Liaison between the City and its applicants, preparing them for home ownership with the counseling and hand holding that is required by the applicants. The Boynton Beach Community Life Care Center, a non-profit organization that provides self- sufficiency programs which encourages among other things education, training, and home ownership as one of its priorities. The City of Boynton currently provides rent free housing in a City owned building for the local Head Start Program, which accommodates childcare for low-income residents in the target area. N 182 The Boynton Beach Community Redevelopment Agency (CRA) is implementing an Affordable Housing Program, which will compliment the City's in an effort to assist those homeowners within its area to achieve the dream of home ownership. A maximum of three percent (3%) of the SHIP allocation will be available during all three fiscal years for providing home ownership training and counseling for first time homebuyers as well as owners of homes assisted through the Local Housing Assistance Program. This will be -a continuance of the partnerships with local lenders, Life Improvement for. Tomorrow, Boynton Beach Faith -Based CDC, and any other providers of this service that are identified by the City at no charge to the applicants. These funds will help defray the cost associated with this service. The importance of post -purchase training in the areas of budgeting and maintenance is expected to be on going. The Boynton Beach Faith -Based CDC has been recently certified in this area. The City has formed strong partnerships with the following agencies: • Life Improvement for Tomorrow (LIFT) is a non-profit organization that provides home Education, Credit Education, and Money Management classes, both in English and Spanish. The City has also encouraged its lending partners to co -fund these classes as well. The City has sought and encouraged the participation of local realtors to provide services as agents for Its applicants in the purchasing process. The Boynton Beach Faith -Based CDC has recently become a HUD Certified Housing Counseling Agency. They will offer pre -purchase counseling and workshops; post purchase counseling, and workshops covering major and minor home maintenance. There is no interlocal agreement applicable. A. The City of Boynton Beach currently enjoys successful Partnerships with local lenders, developers, community based organizations and non -profits in the pursuit of affordable housing opportunities. Efforts to expand this arena have included the invitation to real estate brokers as well. Staff has met on several occasions to solicit input from these organizations to broaden opportunities for decent affordable housing. The Partnerships Will 183 continue to meet on a regular basis to evaluate the overall effectiveness of the housing program n an effort to make suggestions for improvement as needed. B. The City of Boynton Beach also collaborates with local lenders by allocating a portion of Community Development Block Grant funds to leverage loans from lenders to provide housing rehabilitation. This leveraging of funds helps provide the foundation of increasing the supply of affordable housing for Boynton Beach's residents. This strategy also supplies home ownership opportunities for very -low, low, and moderate - income households. These dollars help reduce the risk that may be involved to lenders and helps add to the equity needed to supply large dollars required to bring substandard houses up to code. The Local Initiatives Support Corporation, the Community Financing Consortium, the Palm Beach County Affordable Housing Collaborative, and Consumer Credit Counseling have formed a partnership to provide homebuyer counseling in the form of a "training institute". This collaborative effort provides counseling to potential homebuyers to educate them of their duties and responsibilities as homeowners and create a form of micro lending with the use of CDBG funds for small industries for potential low income homebuyers with skills that they can perform at home. The City Of Boynton Beach enjoys a Definitive Agreement whereby it received a percentage of profits with a local non-profit from a Development that went into receivership. These funds have been designated for affordable housing, and are currently used to provide landscape grants, pay permit fees that cannot be waived, rehabilitate substandard units, and acquire land for new construction. SHIP funds will free up those ad valorem dollars that are currently being used for rehabilitation to enable the City to use for land acquisition. The entitlement status CDBG dollars provides for a broader range of capital improvements and economic development to further enhance the housing stock of the City, and promote the economic stability of the community. 184 IV. STRATEGIES A. Purchase Assistance Loan Program Fiscal Years: 2006/2007, 2007/2008, and 2008/2009. Activities: Assist very -low, low and moderate homebuyers with the purchase of a home. This loan will provide "GAP" financing in the form of a zero percent interest (0%) deferred loan for first mortgage assistance to insure affordable monthly payments. Eligible costs under this strategy may include but are not limited to down payment and closing costs on first mortgage and repairs needed to make the unit habitable. Eligible properties include newly constructed homes (built within 12 months of closing), or existing homes, which may or may not need rehabilitation. Rehabilitation is defined as the repairs or improvements needed for safe and sanitary habitation, correction of substantial code violations or the creation of living space due to overcrowding. Fiscal Years: This strategy will be utilized during all three State fiscal years covered by this plan: 2006/2007, 200/-2008, and 2008/2009. Income Categories: Household income must not exceed 120% of the median income figure, adjusted for family size, provided by the State. The maximum amount of SHIP funds awarded for this strategy depends on the family's income as follows: Income Category Maximum Award/*with repairs Very Low $75,0001$85,000 LOW $75,000/$85,000 Moderate $50,000/$60,,000 * An additional $10,000 may be available above purchase assistance for necessary code -related repairs when applicable. Each applicant will be responsible for a minimum of 3% towards down payment/closing costs, and/or processing of their mortgage loan. The applicants' income must be verified in order to certify as being eligible. Recapture Provisions: The program will provide a deferred payment loan covering the full amount of assistance with a percentage of the equity earned to be shared at the time of transfer or closing to qualified, eligible homebuyer. The deferred payment loan is forgivable at the original term of the mortgage, providing the home remains owner occupied and honors all requirements of the deferred payment loan. A 185 second (subsequent) mortgage will be placed on the home. If the home is sold, transferred or refinanced prior to the original term period, the deferred payment loan and the shared equity is recaptured at time of closing and the funds are returned to the City of Boynton Beach SHIP Program. In case of death of the homeowner, the deferred payment loan would continue as long as the new owner is income eligible under the SHIP guidelines, and resides in the dwelling. If the new owner is not eligible, the house is sold, transferred, or refinanced, the sum of the loan and the shared equity would be due and payable and the owner must pay a percentage of the excess profit to the City Of Boynton Beach: Shared Equity The owner must pay 80% of the equity to the City during the first five years; during years 6-20, the City receives 50% of the excess profit; and during years 21-30, 15% of the equity per the appraised fair market value during the term of the owner's loan. If the Owner lives in the property for the full term of the original mortgage the City's mortgage is forgiven. . . ................Years ... of ...Own"---, Percell . . ........ . .......... .. . Cr % 80 .... .... ................. 50% .30 15% ... ..... . . . .. . . ............ Right -of- First- Refusal The City also has the right -of -first -refusal to match the appraised fair market value. If the City does not have an approved applicant to purchase the property within forty five days after the receipt of the appraisal, the owner can sell the property to anyone certified as income eligible for affordable housing standards. Selection Criteria: Applicants must be income eligible with incomes between zero and 120% of the median income as provided by the State and adjusted to family size. Purchasers must be first time homebuyers, to include displaced homeowners due to divorce, purchasing within incorporated Boynton Beach area, and may not currently have assets exceeding $15,000 (gifts included in the asset calculation). If the applicant has funds that exceed the $15,000 maximum and income certified, he/she must commit one third (1/3) of his/her assets to be used in addition to the amount of assistance provided. The exception to this would be if the applicant has funds in a retirement fund that can only be accessed by termination. The LTV's must be adhered to. 6 The applicants will be selected on a first-come, first-served basis, and must be certified as very -low, low, or moderate income as a result of third party verifications. The potential homebuyer must be credit worthy and have sufficient income required to obtain mortgage financing from a participating lender, and must attend a homebuyer education course offered by participating lenders and/or community based development organizations. The applicant must not own any other residence unless it is being replaced with the construction of a new home through the SHIP Program. The maximum amount of SHIP funds awarded for this strategy depends on the family's income as follows: Income Category Maximum Award Very • ............................................... $40,000.00 Low......................................................... 40,000.00 Uktgrate . .............................................. 20,000.00 Activities: The City of Boynton Beach passed a Community Appearance Code Ordinance in 1996. The result of stepped-up code enforcement has made rehabilitation a cost burden for many very -low, low, and moderate - income residents. Fiscal Years: The strategy will be utilized during all three State fiscal years covered by this plan: 2006/2007, 2007/2008, and 2008/2009. Selection Criteria: This program is designed to assist very -low,, low or moderate -income homeowners with needed repairs as defined by Chapter 91-37, Florida Administrative Code. Rehabilitation is defined as the repairs or improvements, which are needed for safe or sanitary habitation, correction of substantial code violations, or the creation of additional living space to correct overcrowding. Deferred Payment Loans are provided to eligible households for the repair of owner -occupied units within the City of Boynton Beach. Repairs of an emergency nature, as determined by the City of Boynton Beach's Construction Coordinator are given priority. Mobile homes and rental units are not eligible for assistance in this strategy. Condominiums and townhouses; will be evaluated on a case by case basis for this strategy. 187 SHIP funds maybe matched with private funds, bank loans, credit union loans, and Community Development Block Grants (CDBG) funds. Applicants will be selected on a first-come, first-served basis. Applicants may not own any other residence, and must own and occupy the home being rehabilitated for the duration of the deferred payment loan. All property taxes and/or assessments must be current. There may not be any judgments or liens against the property, and mortgages must be current. Recapture Provisions: An interest free deferred payment loan will be provided for qualified applicants. The deferred loan is forgivable at 10% annually for ten years. The City will place a mortgage on the unit in the amount of the assistance provided. In the event the home is sold, transferred, or refinanced, the pro rated amount remaining on the loan will be due and payable. In case of death of the homeowner, the deferred payment loan would continue as long as the new owner is income eligible under SHIP guidelines, and resides in the dwelling. In the event the new owner is not eligible, then the remaining pro rated sum would be due and payable. 1. Eligible repairs may include, but are not limited to cost of labor and materials for. a. Installation and/or repairs of sanitary water and waste, disposal systems, together with related plumbing and fixtures, which will meet local health department requirements. b. Energy conservation measures such as installation of energy efficient doors and windows. C. Repair or replacement of heating and/or cooling systems with high energy efficient 12 SEER or higher. d. Electrical upgrading. e. Repair or provision for structural supports and foundation. f. Repair or replacement of the roof. 9. Replacement of seriously deteriorated siding, porches, or stoops. 188 - t%"- h. Alterations of the units interior or exterior to provide greater accessibility for any family members that may be handicapped or have mobility problems. i. Additions to any dwelling when it is clearly necessary to alleviate overcrowding or to remove any health hazards to the occupants. j. Other repairs deemed necessary by the Construction Coordinator and SHIP Administrator. 2. The Recipient Selection Process for Rehabilitation a. An applicant may submit a completed SHIP Application to the City of Boynton Beach for determination of eligibility at any time. Applicants are required to provide all documentation requested for income, eligibility, and qualification determination. Applications are processed on a first-come, first-served basis by income category. C. Disaster Mitigation and Recovery Fiscal Years: 2006/2007, 2007/2008, and 2008/2009. Activity: In the event of a natural disaster, SHIP funds will be used to leverage available federal and state funds to provide assistance to income eligible households for the purpose of repairing eligible housing, providing assistance with insurance deductibles, and obtaining short term temporary housing. Although mobile homes and rental units are not eligible for repair assistance in this strategy, the residents of these units may be eligible for assistance with emergency housing. The purchase of emergency supplies for eligible households to weatherproof damaged homes, interim repair to avoid further damage, tree and debris removal required to make individual housing unit habitable, and post disaster assistance with non-insured repairs. This strategy will be implemented only in the event of a natural declaration using any SHIP funds that have not been encumbered. The maximum award of SHIP funds for this strategy may not exceed $10,000 per unit. 9 189 V. Fiscal Years: The strategy will be utilized during all three State fiscal years covered by this plan: 2006/2007, 2007/2008, and 2008/2009. Income Categories: Eligible households must be below 120% of median, adjusted for family size, as provided by the State. Selection Criteria: Applicants must be income eligible as described above, and will be served on a first come, first served basis, pending fund availability. Residency must be located within the City of Boynton Beach incorporated area. Recapture Provisions: Assistance is provided in the form of a grant, not requiring households to repay funds used for disaster relief. In the event that the City of Boynton Beach receives reimbursement from federal or state sources, such repaid funds will be utilized in accordance with the approved Housing Assistance Plan in effect at the time funds are disbursed. W A M PIZ -*JJ A WA A. Homeownership The income limits as defined by the U. S. Department of Housing and Urban Development, and distributed annually by the Florida Housing Finance Corporation. *Subject to changes made annually by U.S. HUD. "Affordable means that monthly rents or monthly mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for households". It is not the intent to limit an individual's ability to devote more than 30 percent of his income for housing, if 30 percent of its income shall be deemed affordable. If the first mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark. The maximum purchase price for a new home is $280,462* The maximum purchase price for an existing home is $280,462* *The maximum purchase price is determined by The Florida Housing Finance Corporation, and will automatically adjust its purchase limits, as the State of Florida adjusts its limits from time to time. 10 190 71 Me - VI. ADVERTISEMENT AND OUTREACH The City of Boynton Beach distributes flyers and brochures to any person or organization requesting information on the SHIP Program. Information will be available in the City of Boynton Beach Department of Development, displayed in the main lobby of City Hall, and in the lobbies of participating lending institutions. The City of Boynton Beach has been featured in the local newspapers with several articles concerning the pending implementation of the program. Availability of SHIP funds will be advertised at least 30 days prior to the beginning of an application period. For those strategies that allow applications to be submitted on a continuing basis, the availability of funds will be advertised annually. VII, A . DMINISTRATIVE EXPENSES The Division of Community Redevelopment will be responsible for the day-to-day operations of the SHIP program. Administrative functions include; advertising availability of funds and community outreach, applicant intake and income certifications, work write-ups and inspections, coordination with first mortgage lenders and counseling services, reviewing and evaluating program effectiveness, and submittal of plan amendments and annual reports to the Florida Housing Finance Corporation. The maximum of ten percent (10%) of all the monies received as the local housing distribution of $616,343.00 for fiscal year 2006/2007 shall be used to cover salary and administrative expenses for the SHIP Program. Administrative expenses in excess of the maximum ten percent (10%) SHIP allocation will be supplemented by city general funds. The total administrative budget is estimated at $61,634 for FY 2006/2007, $61,634 for FY 2007/2008, and $61,634 for FY 2008/2009. VIII. ADMINISTRATIVE BUDGET Salary & Benefits ................................................$54,634.00 Advertising ............................................................ 1,000.00 Training ................................................................ 3,500.00 Travel................................................................... 1,500.00 Office Supplies ...................................................... 11000-00 Total ............................ .......... $61,634*00 191 WA 0 0 1 TO W., 9 1 R-61 0 10 11 The following incentive strategies are extracted from the City of Boynton Beach's Affordable Incentive Plan adopted April 7, 1998. * The Expedited process of permits for Affordable Housing Projects. The Department of Development has been responsible for processing and facilitating affordable housing projects. The Community Improvement and Plan Review staff will oversee the projects certified as "affordable" through the review process in an effort to make sure that they are processed with three to five (3-5) days. This division will be the developers point of contact for all questions concerning the review process. The Plan Review Administrator will be responsible for expediting the building permitting process for affordable housing projects. He has designated individuals who have successfully guided and given these projects top priority. Staff will continue to obtain training in affordable housing development. The modification of impact fee requirements including reduction of waiver of fees and other methods of fee payment for affordable housing. There is currently no provision for waiving impact fees. However, the City of Boynton Beach has in the past funded the Infill Construction Program from the general fund. These funds subsidized the cost of new construction for affordable units by paying permit and impact fees for new construction for very low and low- income families building new affordable home within the CDBG target area. Palm Beach County allows existing use credit for residential construction on vacant lots that had prior residential use. This credit applies to the residential and road impact fees, and can yield savings for up to two thousand dollars per home. Participating builders of affordable housing will be encouraged to apply for this credit and pass it on to the homebuyer. The City Manager will be petitioned to waive payment of development application, plan check and permit fees for all eligible projects certified affordable housing projects. • The allowance of increased density levels for affordable housing. (Comprehensive Plan,, Housing Element, Policy 6.1.3) The housing element provides for review of zoning regulations for the purpose of allowing increased density to encourage in provision of affordable housing. The City's Planning and Zoning Department continues its effort to provide for an increase in residential density for the purpose of providing for affordable housing. This density bonus will be subject to compatibility with the surrounding natural and physical environment, site constraints, and concurrency management requirements. IK 192 • The reservation of infrastructure capacity for housing for very -low income and low-income persons. A reservation mechanism is not necessary, as adequate capacity exists to serve any Infill project initiated within the CDBG target area. This assumption regarding roads, utilities and recreation is based on available acreage and density limb of the Future Land Use Map of the Comprehensive Plan. State concurrency laws require us to maintain adequate public facilities for everyone and build new facilities once we reach 90% capacity. The allowance of affordable accessory residential units in residential districts. Zoning regulations allow accessory buildings in districts as long as they conform to the minimum building site regulations that are generally applicable in the district where the building is to be located. The City of Boynton Beach will maintain its flexible existing practice in dealing with this issue on a case-by-case basis as needed. o The reduction of parking and setback requirements for affordable housing. Current regulations require off street parking for two (2) vehicles. In an effort to maintain the value of property, while at the same time not causing any adverse effect on affordable housing, there shall not be modifications to current regulations governing this issue. Setback requirements in the targeted area require a frontage of 25 feet. The city has in the past worked effectively with developers in an effort to design and produce units that have dealt with this effort without causing any adverse effect on affordable housing. The City will maintain this flexible practice with dealing with this issue on a case-by-case basis as needed. * The allowance of zero lot -line configurations for affordable housing. The City of Boynton Beach's current zoning does not permit zero lot -lines in districts that are not Planned Unit Developments, as it violates the City's set back requirements. However, with the existing minimum lot size requirements in the CDBG target area of 5,000 square feet, it is felt that this size lot is sufficient enough to accommodate desired development of affordable housing. 13 193 • The modification of street requirements for affordable housing. Due to concerns for safety and aesthetics, there will be no modifications to current regulations governing streets. In the older platted sections, waivers of sidewalk requirements have been granted for developers on a case-by-case basis. These variances are usually granted in areas that are generally consistent with the surrounding area. Consideration may be made in instances where costs involved will hinder producing affordable units. CDBG dollars will be expended on many streets within the target areas to install sidewalks and curbing. Efforts to avoid the variance process with certification of those areas consistent with no sidewalks by the developer will be ongoing. The liaison from the Department of Development will expedite this certification process for affordable housing projects. • The establishment of a process, which the City of Boynton Beach considers, before the adoption of any new legislation that may increase the cost of housing. The Department of Development's various divisions, particularly the Division of Community Redevelopment, will review any and all policies, procedures, ordinances, regulations, and plan provisions to determine what effects if any they may have on the cost of producing affordable units prior to their passage, The City Manager will disperse all information concerning ordinances in sufficient time needed to evaluate and comment on any impact it may have on affordable housing. • The preparation of printed inventory of locally owned public lands suitable for affordable housing. The Division of Community Redevelopment maintains maps of the current inventory of all vacant land including those properties owned by the City of Boynton Beach and Palm Beach County within the target area. The City funds land acquisition in an effort to acquire land for potential pre qualified homebuyers. This effort has resulted in considerable cost saving in the production of affordable units. 14 194 State Housing Initiatives Partnership Local Housing Assistance Plan 195 Fiscal Year 200612007 Salaries and Benefits $ 54,634.00 Office Supplies and Equipment $ 1,000.00 Travel Perdiem Workshops, etc $ 5,000.00 Advertising -1 1,900.00 $ 61,634.00 Fiscal Year 2007/2008 !Salaries and Benefits $ 54,634.00 Office Supplies and Equipment $ 1,000.00 Travel Perdiem Workshops, etc $ 5,000.00 Advertising $ 1,000.00 $ 61,634.00 .... . . .. . ................... ............... . . Fiscal Year 2008/2009 Salaries and Benefits $ 54,634.00 Office Supplies and Equipment $ 1,000.00 Travel Perdiem Workshops, etc $ 5,000.00 Advertising $ 1,000.00 $ 61,634.00 Based on a distribution of $616,343 196 C, s E y 14 F �pG C I r N ;: it 197 N X t. r q v 198 9 41 E b V 199 go 0 0 e CID Cn. 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C7, 202 411MMus er, I FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: City Of Boynton Beach (1) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for awards. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. (11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation as soon as available. 13) An interlocal entity shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. 203 Exhibit D Page 2 Certif ication (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements. Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements, (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e). (18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67- 37 FAC, and how each of those requirements shall be met. (19) The provisions of Chapter 83-220, been implemented. Witness Witness Date Laws of Florida has or has not Chief Elected Official or Designee KtJRT BRESSNER CITY MANAGER BOYNTON BEACH, Ft N Print Name and Title 204 10 STATE ROUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORMATION SHEET CHIEF ELECTED OFFICIAL: Jerry Taylor, Mayor ADDRESS:SHIP ADMINISTRATOR: Brenda Cornelius, Affordable Housing Administrato 00 E. Boynton Beach Blvd., Boynton Beach,i it 3341 TELEPHONE: (561) 742-6066 FAx: (561) 742-6089 EMAIL ADDRESS: cornellusb@ci.boynton-beach.fl.us ADDITIONAL SHIP CONTACT: Octavla S. Sherrod, Community Improvement Manager ADDRESS: 100 E. Boynton Beach Blvd., Boynton Beach, Florida 33435 EMAIL ADDRESS: sherrodo@ci.boynton-beach.fl.us INTERLOCAL AGREEMENT: NO THE FOLLOWING INFORMATION MUST BE FURNISHED TO THE CORPORATION BEFORE ANY FUNDS CAN BE DISBURSED. LOCAL GOVERNMENT EMPLOYER FEDERAL I.D. NUMBER: 59-6000-282 MAIL DISBURSEMENT TO: City Of Boynton Beach, Community Improvement Division ADDRESS: 100 E. Boynton Beach Blvd., Boynton Beach, Florida 3343--', 205 6.J Consent Agenda 06/6/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/ 6/2023 Proposed Resolution No. R23-073- Amended MOA for Boynton Beach Blvd. Requested Action by Commission: Approve and authorize the City Manager to sign the Florida Department of Transportation's Amendment Number One to the Boynton Beach Boulevard's Landscape Memorandum of Agreement. Explanation of Request: In November 2005, The City signed the District Four (4) Maintenance Memorandum of Agreement with the Florida Department of Transportation (FDOT). This agreement designated responsibilities for each party. Stated simply the FDOT constructed and installed the infrastructure and the City maintains the landscaping and pavers in the Boynton Beach Blvd right-of-way. In 2018, the Boynton Beach Community Redevelopment Agency (CRA) was awarded a Federal Highway Administration Federal Lands Access Program (FLAP) Grant to redevelop Boynton Beach Blvd (between NW 4th Street and US 1/Federal Highway) into a Complete Street. In June 2019, Commission authorized Resolution R19-064, which authorized the Florida Department of Transportation to proceed with the design, construction, and administration of the Boynton Beach Boulevard Complete Streets Project. In June 2020, Commission authorized R20-044 to enter into a Locally Funded Agreement (LFA) and for the payment of the City's portion of the design cost (see attachments). Now, that the design is 90% complete, FDOT is considering the changes needed to the Memorandum of Agreements to outline the new maintenance responsibilities. The City's new responsibilities include paying for and maintaining the decorative sidewalk. Please note the funds referenced in this agreement are included in the June 2020 Funding Agreement. The 206 FDOT funds the new landscaping and irrigation, while City will maintain. The Landscape Design has not yet begun, but the City will have the opportunity to review and change the proposed plantings. Some of the City's requests may require fund at that time. How will this affect city programs or services? The amendment will make the City responsible to make repairs to the sidewalk on Boynton Beach Blvd after the project has been completed. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Resolution approving FDOT Amendment #1 to Landscape Memorandum of Agreement Boynton Bch_S R804_M M OA_444079-1 _2023.03. pdf Executed LFA.pdf MOA Boynton_SR804_11-23-05.pdf 207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO. R23-073 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE FLORIDA DEPARTMENT OF TRANSPORTATION'S AMENDMENT NUMBER ONE TO THE BOYNTON BEACH BOULEVARD'S LANDSCAPE MEMORANDUM OF AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in November 2005, the City signed the District Four (4) Maintenance Memorandum of Agreement with the Florida Department of Transportation (FDOT) which designated responsibilities for each party as the FDOT constructed and installed the infrastructure and the City maintains the landscaping and pavers in the Boynton Beach Blvd right-of-way; and WHEREAS, in 2018, the Boynton Beach Community Redevelopment Agency (CRA) was awarded a Federal Highway Administration Federal Lands Access Program (FLAP) Grant to redevelop Boynton Beach Blvd (between NW 4th Street and US 1/Federal Highway) into a Complete Street; and WHEREAS, in June 2019, Commission approved Resolution R19- 064, which authorized the Florida Department of Transportation to proceed with the design, construction, and administration of the Boynton Beach Boulevard Complete Streets Project; and WHEREAS, now, that the design is 90% complete, FDOT is considering the changes needed to the Memorandum of Agreements to outline the new maintenance responsibilities. The City's new responsibilities include paying for and maintaining the decorative sidewalk; and WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to approve and authorize the City Manager to sign the Florida Department of Transportation's Amendment Number One to the Boynton Beach Boulevard's Landscape Memorandum of Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Approve FDOT Amendment #1 To Landscape Memorandum Of Agreement - Reso.Docx 208 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby approves and authorizes the City Manager to sign the Florida Department of Transportation's Amendment Number One to the Boynton Beach Boulevard's Landscape Memorandum of Agreement. A copy of the Amendment is attached hereto and incorporated herein by reference as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 16th day of May, 2023. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:\CA\RESO\Agreements\Approve FDOT Amendment #1 To Landscape Memorandum Of Agreement - Reso.Docx 209 SECTION No.: FM No. (s): COUNTY: S.R. No.: 93200000 444079-1-52-01 Palm Beach 804 DISTRICT FOUR (4) AMENDMENT NUMBER ONE (1) TO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AMENDMENT Number One (1) to the Agreement dated November 23, 2005 made and entered into this day of 20 by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the AGENCY. WITNESSETH WHEREAS, the parties entered into a Landscape Maintenance Memorandum of Agreement dated November 23, 2005 for the purpose of maintaining the landscape improvements by the AGENCY on State Road 804; and, WHEREAS, the DEPARTMENT and the AGENCY have agreed to add additional landscape to be installed within the City of Boynton Beach on SR804 / East Boynton Beach Boulevard in accordance with the above referenced Agreement; and, WHEREAS, the AGENCY, by Resolution No. dated , 20_, attached hereto as Exhibit "E", desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of mutual benefits that flow each to the other, the parties covenant and agree as follows: 1. The DEPARTMENT has decided to construct and agrees to install or cause to be installed additional landscape improvements or to modify an improvement located as indicated in Exhibit "A", on SR804 / East Boynton Beach Boulevard from NW 3rd Street (MP. 8.484) to US-1/Federal Highway (MP. 9.130), City of Boynton Beach, in accordance with the plans attached as Exhibit "B". The Landscape Improvements include colored concrete sidewalks and tree grates; 2. The AGENCY shall agree to maintain the additional landscape improvements in the Agreement described above according to Exhibit "C" Maintenance Plan; 3. The DEPARTMENT agrees to enter into a contract to have installed said landscape improvements for the amount as outlined in Exhibit "D"; S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON B EACH\444079-1 \44407915201-M M OA-fi nal-3.7.23.docx 210 SECTION No.: FM No. (s): COUNTY: S.R. No.: 93200000 444079-1-52-01 Palm Beach 804 Except as modified by this Amendment, all terms and conditions of the original Agreement and all Amendments thereto shall remain in full force and effect. LIST OF EXHIBITS Exhibit A — Project Location and Landscape Maintenance Boundaries Exhibit B - Landscape Improvement Plans Exhibit C - Maintenance Plan for Landscape Improvements Exhibit D - Approximate Cost for Landscape Improvements Exhibit E - Resolution SATransportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON B EACH\444079-1 \44407915201-M M OA-fi nal-3.7.23.docx 211 SECTION No. FM No. (s): COUNTY: S.R. No.: EXHIBIT A PROJECT LOCATION AND LANDSCAPE MAINTENANCE BOUNDARIES I. ORIGINAL LIMITS OF 2005 MMOA: State Road 804/Boynton Beach Blvd. from Old Boynton Road (MP. 7.786) to SR 5/ US -1 (MP. 9.115) 93200000 444079-1-52-01 Palm Beach 804 II. LIMITS OF MAINTENANCE FOR THESE LANDSCAPE IMPROVEMENTS: State Road 804/Boynton Beach Blvd. from NW 31 Street (MP. 8.484) to US-1/Federal Highway (MP. 9.130) III. LANDSCAPE IMPROVEMENTS MAINTENANCE RESPONSIBILITIES MAP: See Attached (Original limits of 2005 MMOA remain in effect) SATransportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON B EACH\444079-1 \44407915201-M M OA-fi nal-3.7.23.docx 212 00"00+SLti 3N17 HDIVPV 15 15I MN 15 ONE MN GdE MN GAIL tz 1S3HDvgs z 0 z m 1S 151 MN W d' 0 1S ONE MN co z 00 w�CaC m � C 1S M15 MN AMH 7b'N3033 /s dsil sn N 1S Obi£ 3N 15 ONE 3N 1S IS[ -9N CL W Q Q � z m 0o z am oar g w z 00 r U Q N U z CO o LQ to W U i tn Z 1S H117 3N N-o,opeZZ "ON OV087IdV 333 w � o � O J O m O O O U z Q W 15 ONS 3N m z 0 z 0 m w 0 m m 1S 1S 13N zQ aW Wzm aWz U Z � �¢z °moo Qwm a� O U O J = m Z LLI w J 00"00+SLB 3N17 HDIVPV SECTION No. FM No. (s): COUNTY: S.R. No.: EXHIBIT B LANDSCAPE IMPROVEMENT PLANS 93200000 444079-1-52-01 Palm Beach 804 The DEPARTMENT agrees to install the landscape improvements in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by: Miller Legg and Associates, Inc. Brian R. 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LD $) / LL \$ J cz J LL [/(LL LL LL\ (\ \} Z LL m eLL Cr %) [e , -- « {( --- \Lr _ ±^ ~ w m , !l74z % /�rq \ 44 \ \ CC k-' \ C� j�LU � \\\ ct ( \% /D , \ }®\ \o\° %% l<2( E2//5 ±/) % \\ &_cx \\\(/ 7~ »\ \ off% ®`G \ ` �z « _ _ �5 %%\ y cc ^� LU §: LL \® \ ? `® wm - cx // \\ LL LL \% 3% a,/ a I \\ %k ® Ln , i » , \ sem SECTION No. FM No. (s): COUNTY: S.R. No.: EXHIBIT C 93200000 444079-1-52-01 Palm Beach 804 MAINTENANCE PLAN FOR LANDSCAPE IMPROVEMENTS This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Please see attached S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON B EACH\444079-1 \44407915201-M M OA-fi nal-3.7.23.docx 232 MAINTENANCE PLAN Landscape Improvements Project State Road No(s): State Road 804/Boynton Beach Blvd. from NW 3rd Street (MP. 8.484) to US-1/Federal Highway (MP. 9.130) Permit or FM No(s): 444079-1-52-01 RLA of Record: Brian R. Shore Maintaining Agency: City of Boynton Beach Date: June 01, 2022 The purpose of a plan for the landscape improvements maintenance practices is to allow the plant material on your project to thrive in a safe and vigorous manner while fulfilling their intended purpose and conserving our natural resources. Plantings and all other landscape improvements within FDOT right of way shall be maintained to avoid potential roadway hazards and to provide required clear visibility, accessibility, clearance, and setbacks as set forth by Florida Department of Transportation (FDOT) governing standards and specifications: FDOT Standard Plans, FDOT Plans Design Manual and FDOT Standard Specifications for Road and Bridge Construction, as amended by contract documents, and all other requirements set forth by the District 4 Operations Maintenance Engineer. Part I of the Maintenance Plan describes general maintenance requirements and recommendations and is standard to all projects. Part H provides recommendations prepared by the Registered Landscape Architect of Record specific to the attached approved plans. PART I. GENERAL MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS: WATERING REQUIREMENTS Watering is a critical concern for not only the maintenance of healthy plant material but also for observing water conservation practices. The amount of water to apply at any one time varies with the weather, drainage conditions and water holding capacity of the soil. For plant materials that have been established, it is imperative that any mandated water restrictions be fully conformed to on FDOT roadways. Proper watering techniques should provide even and thorough water dispersal to wet the entire root zone, but not saturate the soil or over -spray onto travel lanes. IRRIGATION SYSTEM The Agency shall ensure there are no roadway overspray or irrigation activities during daytime hours (most notably "rush hour" traffic periods). It is imperative the irrigation controller is properly set to run early enough that the watering process will be entirely completed before high traffic periods, while adhering to mandated water restrictions. To ensure water conservation, the Agency shall monitor the system for water leaks and the rain sensors to ensure they are functioning properly so that the system shuts down when there is sufficient rainfall. MULCHING Mulch planting beds to prevent weed growth, retain moisture to the plants, protect against soil erosion and nutrient loss, maintain a more uniform soil temperature, and improve the appearance of the planting beds. Do not mound mulch against the trunks of trees, palms, and the base of shrubs to allow air movement which aids in lowering disease susceptibility. Cypress mulch is prohibited on state right of way. SATransportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\444079-1 \44407915201-MMOA-final-3.7.23.docx 233 INTEGRATED PLANT MANAGEMENT An assessment of each planting area's soil is recommended to periodically determine the nutrient levels needed to sustain healthy, vigorous plant growth. Palms, shrubs, trees, and turf areas shall be fertilized in such a manner and frequency to ensure that the plant material remains healthy and vigorously growing. Please be alert to changes in fertilization types per University of Florida, Institute of Food and Agricultural Services (I.F.A.S.) recommendations. Establishment of an integrated pest management program is encouraged to ensure healthy plants, which are free of disease and pests. PRUNING All pruning, and the associated safety criteria, shall be performed according to American National Standard Institute (ANSI) A300 standards and shall be supervised by an International Society of Arboriculture (ISA) Certified Arborist. Pruning shall be carried out with the health and natural growth of plant materials in mind, to achieve the FDOT requirements for maintaining clear visibility for motorists, and provide vertical clearance for pedestrian, bicyclist, and truck traffic where applicable. Visibility windows must be maintained free of view obstructions, and all trees and palms must be maintained to prevent potential roadway and pedestrian hazards. All palms are to be kept fruit free. The understory plant materials selected for use within the restricted planting areas (Limits of Clear Sight) are to be mature height in compliance with the FDM Window Detail. Vertical clear zones for vegetation heights over roadways and sidewalks must meet the requirements of the FDOT Maintenance Rating Program (MRP) standards. See Reference pages. The R.L.A. of Record will provide the specific pruning heights for mature or maintained height and spread of all plant material to achieve the design intent shall be noted in Part II., Specific Project Site Maintenance Requirements and Recommendations. STAKING AND GUYING All staking materials are to be removed after one year or as directed by the RLA of Record.). Any subsequent staking and guying activities by the Agency must adhere to FDOT Standard Plans guidelines (See Index 580-001). The Agency shall closely monitor staking and guying attachment materials so that they are securely fastened to avoid potential roadway hazards. TURF MOWING All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a deep, healthy root system while providing a neat and clean appearance to the urban landscape. All turf efforts, mowing, curb/sidewalk edging and turf condition, must at a minimum, meet FDOT Maintenance Rating Program (MRP). LITTER CONTROL The project site shall remain as litter free as practicable. It is recommended to recycle this litter to avoid unnecessary waste by its reuse. Litter removal efforts must meet FDOT Maintenance Rating Program (MRP) standards. WEEDING/HERBICIDE All planting areas shall be maintained as weed free as practicable by enlisting integrated pest management practices in areas specified on the plans and maintaining proper mulch levels. Extreme care is recommended when using a chemical herbicide to avoid overspray onto plant materials. It is the applicator's responsibility to restore any damage resulting from overspray to the plantings, per the approved plans. SATransportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\444079-1 \44407915201-MMOA-final-3.7.23.docx 234 PLANT REPLACEMENT Plant replacement shall be the same species and specification as the approved plan. Move and replace all plant materials that may conflict with utility relocations and service. Only plants graded Florida #1 or better, per the Florida Department of Agriculture and Consumer Services, Grades and Standards for Nursery Plants are permitted on FDOT roadways. Should it become necessary to change the species, a permit is required from FDOT for approval by the FDOT District Landscape Architect. TREE CELL STRUCTURES Underground tree cells shall be maintained in such a manner as to prolong the life of the structure and prevent potential safety hazards. If the structures fail or become damaged, they shall be replaced with the same type and specification as the approved plan. LANDSCAPE ACCENT LIGHTING Landscape accent lighting shall be maintained in such a manner as to prolong the life of the lighting fixture and prevent potential safety hazards. If the lighting fixtures and their system become damaged, they shall be replaced with the same type and specification as the approved plan. Landscape lighting shall meet requirements for the sea turtle nesting and hatching. HARDSCAPE (SPECIALTY SURFACING) All tree grates and specialty surfacing (if applicable) shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the surfacing and tree grates. Final surface tolerance from grade elevations shall, at a minimum, meet the most current FDOT Maintenance Rating Program Handbook for a sidewalk; ADA accessible sidewalk; and FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on The State Highway System. If the specialty surfacing or tree grates become damaged, they shall be replaced with the same type and specification as the approved plan. HARDSCAPE (CONCRETE PAVERS) All concrete pavers (if applicable) shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the pavers. Final surface tolerance from grade elevations shall, at a minimum, meet the most current Interlocking Concrete Pavement Institute (ICP/), Guide Specifications for Pavers on an Aggregate Base, Section 23 14 13 Interlocking Concrete Pavers, Part 3.05. If the concrete pavers become damaged, they shall be replaced with the same type and specification as the approved plan. It shall be the responsibility of the AGENCY to maintain all signs located within a non-standard surfacing area. Such maintenance to be provided by the AGENCY shall include repair and replacement of the sign panel, post, and base. HARDSCAPE (NON-STANDARD TRAVELWAY SURFACING) It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway, including asphalt pavement (if applicable), caused, or contributed by the installation or failure of non- standard surfacing, and/or the header curb, on the Department of Transportation right of way within the limits of this Agreement. Pavement restoration areas or "patches" will have a minimum length of 10 -ft, measured from the edge of the header curb, and a width to cover full lanes for each lane affected by the restoration. Pavement restoration will be performed in accordance with the most current edition of the FDOT Standard Specifications for Road and Bridge Construction, and the FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System. SATransportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\444079-1 \44407915201-MMOA-final-3.7.23.docx 235 SITE FURNISHINGS Site furnishing such as Trash Receptacles, Benches, Bollards and Bicycle Racks shall be maintained in such a manner as to prolong the life of the fixture and prevent potential safety hazards. If the fixtures and their overall function and mounting systems become damaged, they shall be replaced with the same type and specification as the approved plan. MAINTENANCE OF TRAFFIC CONTROL Reference the FDOT website regarding the selection of the proper traffic control requirements to be provided during routine maintenance and / or new installations of this DOT roadway. VEGETATION MANAGEMENT AT OUTDOOR ADVERTISING (ODA) (IF APPLICABLE) To avoid conflicts with permitted outdoor advertising, please reference the State of Florida website regarding the vegetation management of outdoor advertising. This website provides a portal to search the FDOT Outdoor Advertising Inventory Management System Database. The database contains an inventory of outdoor advertising structures, permits and other related information maintained by the Department. Also, reference the Florida Highway Beautification Program website link for Vegetation Management at ODA signs Florida Statutes and Florida Administrative Code related to vegetation management at outdoor advertising sign, permit applications for vegetation management and determining mitigation value of roadside vegetation. PART II. SITE SPECIFIC PROJECT MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS: 1. The Design Intent is to provide future palm planting locations along the corridor integrating patterned concrete design and concrete tree grates. 2. Concrete tree grates and concrete pavement shall be inspected on a quarterly basis for aesthetic appearance and safety conditions. Address any issues identified by repairing or replacing those specific locations. To maintain the overall aesthetic appearance and safety of the concrete tree grates and colored concrete pavement, they shall be cleaned on a twice -yearly basis to prevent mold, dirt, oil, and gum build up. Joints and cracks in concrete, patterned concrete, concrete curbs, expansion joints, catch basins, gutter areas, etc. shall be inspected on a monthly basis to keep those areas free of weeds. SATransportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\444079-1 \44407915201-MMOA-final-3.7.23.docx 236 REFERENCES (4-27-20) This reference list is provided as a courtesy. The list may not contain the most current websites. The most current references must be accessed for up-to-date information. Accessible Sidewalk (ADA) http://www.access-board.gov/guidelines-and-standards/streets-sidewalks Americans with Disabilities Act (ADA) (ADAAG) http://www.ada.gov/2010ADAstandards index.htm American National Standard Institute, ANSI A300, (Part 1) for Tree Care Operations — Trees, Shrub, and Other Woody Plant Maintenance — Standard Practices (Pruning), available for purchase http://webstore.ansi.org Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and Standards for Nursery Plants 2015 http://www.freshfromflorida.com/Divisions-Offices/Plant- Industry/Bureaus-and-Services/Bureau-of-Plant-and-Apiary-Inspection Florida Department of Community Affairs (DCA), Florida Board of Building Codes & Standards, 2017 Florida Building Code, Chapter 11 Florida Accessibility Code for Building Construction Part A http://www.floridabuilding.org/fbc/workqroups/Accessibility Code Workqroup/Documentation/CHAPTER 11 w fla specifics.htm Florida Department of Transportation, Program Management, Maintenance Specifications Workbook Supplemental Specifications, Section 580 Landscape Installation http://www.fdot.gov/programmanagement/Maintenance/2019Jan/defauIt.shtm Florida Department of Transportation, FDOT Standard Plans for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 580-001 Landscape Installation http://www.fdot.ciov/design/standardplans/current/l Dx/580-001.pdf Florida Department of Transportation, FDOT Design Manual for Design, Construction, Maintenance and Utility Operations on the State Highway System, Chapter 212.11 Clear Sight Triangles http://www.fdot.gov/roadway/FDM/current/2018FDM212intersections.pdf Florida Department of Transportation, FDOT Design Manual for Design, Construction, Maintenance and Utility Operations on the State Highway System, Chapter 215.2.3 Clear Zone Criteria, Chapter 215.2.4 Lateral Offset, Table 215.2.1 Clear Zone Width Requirements, and Table 215.2.2 Lateral Offset Criteria (for Trees) http://www.fdot.gov/roadway/FDM/current/2018FDM215RoadsideSafety.r)df Florida Department of Transportation, FDOT Standard Plans for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index Series 102-600 Traffic Control through Work Zones http://www.fdot.gov/design/standardplans/current/lDx/l 02-600.pdf Department of Transportation, Landscape Architecture Website www.MyFloridaBeautiful.com Florida Department of Transportation, Maintenance Rating Program Handbook http://www.dot.state.fl.us/statemaintenanceoffice/MaintRatingProgram.shtm Florida Department of Transportation Outdoor Advertising Database http://www2.dot.state.fl.us/rightofwa� Florida Exotic Pest Plant Council Invasive Plant Lists http://www.fleppc.org/list/list.htm Florida Irrigation Society http://www.fisstate.org Florida Power and Light (FPL), Plant the Right Tree in the Right Place http://www.fpl.com/residential/trees/right tree right place.shtml SATransportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\444079-1 \44407915201-MMOA-final-3.7.23.docx 237 SECTION No. FM No. (s): COUNTY: S.R. No.: EXHIBIT D 93200000 444079-1-52-01 Palm Beach 804 APPROXIMATE COST FOR LANDSCAPE IMPROVEMENTS This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida Department of Transportation and the AGENCY. 0921-351 DECORATIVE COLORED CONCRETE & PRECAST TREE GRATE SYSTEM QTY UNIT UNIT PRICE COST Decorative Wave(Sky Blue 750 SY $225.00 $168,750.00 Decorative Border Tan 650 SY $225.00 $146,250.00 Tree Grate Decorative Surround Tan 230 SY $225.00 $ 51,750.00 Tree Grate Precast, 1.6 SY x 147 147 SY $225.00 $ 33,075.00 OPINION OF PROBABLE COST: $399,825.00 The above costs are included in the Agency's financial responsibility, as outlined in the Locally Funded Agreement executed by the Department and the City of Boynton Beach on July 12th, 2022, and approved with Agency Resolution R22-089. S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON B EACH\444079-1 \44407915201-M M OA-fi nal-3.7.23.docx 238 SECTION No. FM No. (s): COUNTY: S.R. No.: EXHIBIT E RESOLUTION 93200000 444079-1-52-01 Palm Beach 804 This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Please see attached S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON B EACH\444079-1 \44407915201-M M OA-fi nal-3.7.23.docx 239 wait, Florida Department of Transportation RON DESANTIS 3400 West Commercial Boulevard JARED W. PERDUE, P.E. GOVERNOR Fort Lauderdale, FL 33309 SECRETARY July 12, 2022 Mr. Gary Dunmyer, PE City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, Florida 33435 RE: Locally Funded Agreement (LFA) FM: 444079-1-52-01 Description: Removal of bike lanes, construction (installation) of sidewalk on north and south side of roadway, construct (install) new drainage inlets, installation of pedestrian signals, construct hardscape/decorative sidewalk, and installation of tree grates during the Department's Complete Street Improvements at various locations along Boynton Beach Blvd. from NW 3rd Street and US1/Federal Highway Dear Mr. Dunmyer: Enclosed please find a copy of a fully executed Locally Funded Agreements for the Project referenced above. Also included is a copy of the Resolution No. R22-089. Said documents are to be retained for your records. If you have any questions, please do not hesitate to contact me. I can be reached at (954) 777-2285. Sincerely, W�0�1 01 Leos A. Kennedy, Jr. Program Management Unit District Four enc: LFA copy: Leslie Wetherell, P.E., Project Manager Mark Madgar, Work Program Manager LFA Section File www.fdot.gov 240 DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 111", ", I , : ; 2RINJLI• y - I I : STATE OF FLORIDA DE�PARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement ("Agreement"), entered into this 12th day of JulY 20i 22 , by and between the State of Florida Department of Transportation hereinafter cal�led t D,EPARTM ENT, and City of Boynton Beach located at 100 E, Ocean Avenue, Boynton Beach, Flori 33435, hereinafter called the PARTICIPANT. I WITNESSETH 1111IMMUNNUMUTIMA I 1411:f -Al 13 Oil 11 01 NW 3rd Street and US-1/Federal Highway in Palm Beach County, Florida. (Financial Maniagemient (FM) Number 4,44079-1-52-01, Funded in Fiscal Year 2023/2024); and WHEREAS, the PARTICIPANT has requested that the DEPARTMENT perform t ' hie following additional work: Removal of bike lanes, construction (installation) of sidewalk on north and'! south side of roadway, construct (install!) new drainage lnle:ts,, installation of pedestrian signials, construct hardscape,/decorative sidewalk, and! installation of tree grates (Financial Management (FM) number 444079-1-52-01, Funded in Fiscal Year 2023/202�4) as set forth in Exhibit A attached hereto and ''R1111114: IN 1111!1! 1 151! R111 1!1111111 V , 11!!! 1 239EENMO WHEREAS, the improvements, are in the interest of both the PARTICIPANT and the DEPARTMENJ and it would be moire practical, expeditious, and: economical for the DEPARTMENT to perform su ad 2 WHEREAS, the PARTICIPANT by Resolution No. 2. IMi dated thie day of 20�22 , a copy of which is attached hereto anid made a p�art helred ydr, Vice -Mayor, or designee to enter into this Agreement. authorilzes the Mia I NOW, THEREFORE, in! const deration of the mutual benefits to be denved from joint participation the Project, the parties agree to the following: U13EBM= M*R 12 M, mannewm=K�0 Z The DEPARTMENT shall be respons,ible for assuring that the Project complies with all applicable Federal:, State and Local laws, rules, regulations, guidelines,, and standards. 3. The PARTICIPANT agrees to make all previous studies, maps, drawings, surveys, and other data and information pertaining to the Project available to the DEPARTMENT at no extra cost. Page 1 241 DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 F The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the Project, The DEPARTMENT will make reasonable efforts to obtain the, PARTICIPANT input in its deciIsions. & The total cost of the Department's construction work and the Project is estimated to be FIVE MILLION ONE HUNDRED FIVE THOUSAND THREE HUNDRED EIGHTY-THREE DOLLARS AND NO, CENTS ($5,105,383.00). The PARTICIPANT's share of the Project is an estimia,ted amount of ONE MILLION ONE HUNDRED FIVE THOUSAND THREE HUNDRED EIGHTY-THREE DOLLARS AND NO CENTS ($1, 1 05,3,83.00i), which sum shall be paid to the DEPARTMENT. -17-131`eFe'r ri: Is L'S' I "Iff WnTf1n1y=fM= a 661F 1MWT I : I RI hereinafter defined as the "Total Project Cost". l�in the event the Total Project Cost is, less than the funds provided, the diffbirence will be refunded to the PARTICIPANT, In the event the Total Project Cost, without modifications, results in a sum greater than that paid by the PARTICIPANT, then such sum shall be the sole responsibility of the PARTICIPANT and shall be paid to the DEPARTMENT. BOB= IM 011-0-1111! Remittance shall be made payable to the Department of Transportation, Payme, shall be clearly marked to indicate that it is to be applied to FM Number 444079- 52-01The DEPARTMENT shall utiliize this amount towards costs of Project N 444079-1-52-01. 1 Payment shall be mailed to: Florida Department of Transportation Office of Comptroller General Accountin# Office, LFA S tion I 605 Suwannee Street, MIS 42B Tallahassee, Florida 32399 In lieu of mailing payment to t�hei DEPARTMENT, the PARTICIPANT may also Tubmift the payment for the Project via wire transfer. Page 2 242 DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 " ♦w • . IM' N.A.Wells Fargo Bank, Account w w w i wr ABA '„ 121000248 State of Florida Department of CollateralBureau of wt Re: project #444079 1111 In order or FDOiT to receive ^rw it for the funds due to the Department, reference line must contain "FDOT"' and an abbreviated purpose,, financial project number or LFA accountII- Once the wire transfer is complete, please contact Tia Parnell at 85iO-414-48,86. In addition to " Parnell,PARTICIPANT +1 s wl " ,� • IM 'i • �! ^ II n1 i .. w "" w . IM . • � IfY : � � . w ,. � � www'"" • i� MI . ""w"" rw i � r w � awr �, rl! � M '� . � 'IM .d • " 'i III., R1,. � w �o� '" • ;,�. N' . � - I � AI • VI `. ► � ,. '� . M � , � ' rM IN . � r iu ■r ww � . . ! "" • 1111..... r i.. �, � .,. � . �, •,. I I • .' � ', r � ". r Aw I �,. � r ww FUM . www ww Mw �I ., .. TIMM " w r www payment thani, the advance deposit IF 1111. DEPARTMENT "` :amount advance deposit exceeds the PARTICIPANT 's payment for the accepted bid amount plus allowances if such refund is requested PARTICIPANT advancePARTICIPANT's payment for the accepted bid amount plus allowances is less than the deposit amount, . DEPARTMENT refund. ., advance deposit exceeds the PARTICIPANT 's payment for the accepted bid amount plus allowances if such, refund is requested by the PARTICIPANT in writing, Page 3 243 DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 10 W (E) The DEPARTMENT intends to have its final and complete accounting of all costs incurred in conniectioin with the work performed hereunder within three hundred sixty (360) days of'finail' payment to the Consultant. The DEPARTMENT considers the Project complete when the final payment has been made to the Consultant, not when the design work is comiplete. All Project cost records and accounts shall be subject to audit by a representative of the PARTICIPANT for a period of three (3) years after final close out of the Project. The PARTICIPANT will be notifi�ed of the final cost. Both parties agiree that in the event the final accounting of total Project cYM sts pursuant to the terms, of thiis Agreement is less than the total depodate, the excess funding will be refunded to the PARTICIPANT. If the final accounting is not performed within three hundred sixty (360) days, the PARTICIPANT is not relieveNM from its, obligation to pay. (F) In the event the final accounting of total Project costs indlicate that the Project costs are greater than the total deposits to date, the PARTICIPANT will pay the additional amount within forty (40) calendar days, from the date of the invoice from the DEPARTMENT. The PARTICIPANT agrees to pay interest at a rate as established pursuant to Section 55.iO3,, F.S., on any invoice not paid within forty (40) calendar days until the invoice is paid. (G)i Upon receipt of payment, from the PARTICIPANT to the DEPARTMENT, the DEPARTMENT will then forward the PARTICIPANT's payment to the Department of Financial Services, Division of Treasury for, deposit as provided in the Three Party Escrow Agreement (3PEA) ®. the PARTICIPANT, the DEPARTMENT and the State of Florida, Department of Financial Services,, Division of Treasury, a copy of which is attached hereto and made a part hereof as Exhibit 13. Page 4 244 DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 13 ii I off & Upon completion of the Project, the PARTICIPANT will comply with the provisions set forth in Highway Maintenance Memorandum of Agreement (HMMOA)i which is attached heretMN and made; a part hereof as Exhibit e PARTICIPANT shall agree to maintain the Project in accordance with the terms obit C, The terms of this, paragraph shall survive the termination of this Agreement. 7, In the event it becomes necessary for either party to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to any such litigation shall be in Broward County. 8. This Agreement and any interest herein shall not be assigned, transferred or otherwise enicumbiered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shial�l run to the DEPARTMENT anMN its successors. 9Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project (FM# 444079- 1-52-01) is completed as evidenced! by the written acceptance of the DEPARTMENT. i 10The PARTICIPANT warrants that it has not employed or obtained any company or perso other than bona filde employees of the PARTICIPANT, to sollcit or secure this Agreeme and it has not paid or agreed to pay any company, corporationi, individual or firm, other th a, bona fidle employee employed by the PARTICIPANT. For breach or violation of thi, provision, the DEPARTMENT shall have the right to terminate the Agreement witho flabifity. I (A) shall utilize the U Si. Department of H�omieland Security's E -Verify system to verify the iI employment eligibility of all new employees hired by the PARTICIPANT / Veindor/ Contractor during the term of the contract-, and (B) shall expressly require any subcontractors performing work or providing services pursuant to the state coaict to filkewise utilize the U.S. Department of Homeland Security"s E-Verlfy system to verify the employment eligibility of all new employees hired by the su bcontractor d u ring the contract term . 12. This Agreement is governed by, and construed in accordance with the, laws of the State of Florida, 11 This document incorporates and includes all prior negotlaitionsi, correponNi* nc conversations, agreements, or understandings applicable to the matters contained herei, and the parties agree that there are no commitments, agreements or understandin] gage 5 245 DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 TkA concerning the subject matter of this agreement that are not contained in this document, Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification aimendment. or alteration in the terms, and conditions effective unless contained in a wn'tten document executed with the same formality and of equal dignity herewith. 14. Any or all notices (except invoices) given or required under this Agreement sihaill be in, writij and either personally delivered with receipt acknowledged or sent by certified mail, retu receipt requested. All notices delivered shall be, sent to the following addresses: Horida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33i309-3421 Attni: Leos A. Kennedy, Jr. With a copy to� Leslie Wetherell A second copy to: Office of the General Counsel If to the PARTICIPANT: City of Boynton Beach 1010 E. Ocean Ave Boynton Beach, Florida 33435 Attn: Gary Dunmyer, M,B.A,, P,E,, City Engineer With a copy to* City Attorney Pagc 6 246 DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 I R VT ITNESS WH E REO F, the PART ICI PANT has caused this Agreement to be ex�ecuited in its behalf, *y the Chairman/C c'Iman of the CITY OF BOYNTON BEACH or, its designee, as authorized' by L 4 ) i 'I Resolution -and the FLORIDA WEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its Director of Transportation Development or authorized designee. I 91 UT11620-040"s BY: CITY ATTORNEY BY: 5DocuSigned by: L4, OtSbt& 711112022 1 4:53 PM EDT —D'3&B"C842F& STEVEN' C, BiTAUN, P.E , *E— DIRECTOR OF TRANSPORTATION DEVELOPMENT DocuSigned by: BY: Fra"*m. OFFICE OF THE GENERAL COUNSEL, DocuSigned by: BY: DISTRICT PRQQRAh�{y. �4.T*R, Page 7 247 DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 4 1 M0;, Exhibit, A Scope of Services FM# 444079�-1 -52-01 SR4/Boynton Beach Blvd from NW 31d St to US -1 TOM 1-1 W a Blvd as part of the DEPARTM'ENT's complete streets initia,t�i�ve. The DEPARMENT will construct the following to include�, but not limited to: Relocation of the curb and' gutter to accommodate * Lane width reduction * Removal of bike lanes c) 15'sideiwa,lk on south side of roadway (with 12'continuous, sidewalk) o 9' sidewalk on north side of roadway, (with 6' continuous sidewalk) • Mifling and resurfacing of roadway, includes reconstruction in some areas • Signingand pavement markings includ'ing the addition of sharrows • New drainage inlets connecting to existing drainage system due to the reiocation of the curb and Rutter New pedestrian s�ignials/push buttons installed at US-1/Sieacrest intersection and on the west leg of US-1[SR-804 intersecti�on due to the relocation of the curb and gutter Impacted loops and pull'boxes replaced at US-1/Seacirest intersection and on the west leg of US- 1/SR-804 intersection 0 Hardscape,/deGoraitive sidewalk ;: Installation of tree grates for future landscape opportunitj Also includes addition of sharrows on the following local streets N'W 31 St from Ocean Ave to SR-804/Boynton Beach BI • Ocean Ave from NW 31rd St to US-! • Boynton Beach Blvd from US -1 to the marinia/ intracoastail waterway Page, 8 248 DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 Exhibit B I I R * a 5 0 /I j 111#91-m-Iffir; THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT"), City of Boynton Beach ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become effective U ""tie Agreement's execution by Escrow Agent, WHEREAS, FDC T and Participant are engaged in, the folllowing project ("Project"' Project Name: Complete streets improvements Project #: 444079-1-52-01 County: Palm Beach County WHEREAS, FD,OT and Participant desire to establish an escr unt for the Project, NOW THEREFORE, in consideration of the premises a& venants contained herein, the parties agree to the following: 1 An initial deposit will be imade into an7$erest bearing escrow account established hereunder for the purposes of the Projeqt The escrow account will be opened with the 4 K K 2 Escrow Agent on behalf of FD6n, Escrow Agent's receipt and execution of this Agreement. Other deposits to the escri�ww cc au nt may be made during the life of this Agreement, doin accordance with instructions provided by the Escrow Agent to o ntthe escrow account. A wire transfer or ACH deposit is the r,51F,f payment and shouild' be used whenever possible. Moneys in the escrow account will be invested in accordance with section 17.61, Florida Statutes. The Escrow Agent w,ill invest the moneys expeditiously. Income is, only earned on the moneys while invested, There is no guaranteed rate of return. Investments in the escrow account will be assessed a fee in accordance, with Section 17,61(4)(b), Florida Statutes, All income of the investments, shall accrue to the escrow, account, Page 9 249 DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 6. Unless instructed otherwise by FDOT, all interest accumulated ini the escrow account shall remain in the account for the purposes of the Project. 7. The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT, MOT agrees to provide a copy of such written confirmation to Participant upon request. 8. The Escrow Agent further agrees to, provide quarterly reports to FDOT coincer, e escrow account. MOT agrees to provide a copy of such quarterly reports to ant upon request. 41 1 9The, Escrow Agent shall: not be liable for any error of judgimient or for an)ONYone or omitted by it in good faith, or for anything which it may in good faith do f in from doing ng in connection herewith, 1& Escrow Agent shall have no liability for any claim, cost, e damage, or loss due to the acts or omissions of FDOT and Participant, nor fro parate agreements between FI T and Participant and shall have no resp ty to monitor or enforce any responsibilities herein or in any separate agr e s associated with this Agreement between MOT and Participant. 11, This Agreement shall be governed by an-1;terpreted in accordance with the laws of the State of Florida. 12, This Agreement may be e in two or more counterparts, each, of which shall be deemed an original, but all h together shall constitute one and the same instrument. 1& This Agreement sha $Vinate upon disbursement by the Escrow Agent of all money held by it in the escro, nit in accordance with the, instructions given by FD T's Comptroller or designee a ication from IFDOT to Escrow Agent that the account is to be closed. A�Z The remainder othis page is blank. Page 10 250 DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 # IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below. For FN. OT (signature), For PARTICIPANT (signature) Name and Title Name 59-3024028 Federal' Em ployer I.Di. Number Title Date Federal Enis lar I FOT Legal Review: For Escrow Agent (sign, Name and Title Da Page 11 251 DocuSign Envelope ID: BFCF09C7-1 D4B-415F-B52E-1 664D5C1 2007 EXHIBIT C HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT WITH CITY OF BOYNTON BEACH 252 DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 SECTION No.: 93000-,248,93900-223, 93900-224, 93'900-225 F11NI No.: 444079-1-52-01 AGENCY., City of Boy fton Seach C.R. No.: N,/A .......... V r. of Florida, hereinafter called the AGENCY collecbve�y referred to as parties, WITN ESSETH- WHEREAS, the AGENCY has jurisdiction over NW 3rd St, Ocean A Boynton Beach Blv67 rt of the Cit� of Boon Beach, roadwaW "stem from Oc?,. Wvd, d St/SW Trd St to SMr: -5/US-I/Federal Highway, an( -I/Federal Highway to the manna/intracoastal waterway respectively; and WHEREAS, pursuant to Sections 339.07, 339.08 an Floridal Statutes and Federal funding provisions the DEPARTMENT is authorized to undertake prw AGENCY's geographical limits and the AGENCY agrees, to have thi's improvement constructed; a I WA A== T#m QZk;jJkj_*A 01 FIVINSWO 1 11 construct certain im rovements more I red to as the "Project", as more particularly described in Exhibit F -W w MM-celffier 1 TdU 1, fut�,JW nff ;7fd *f1fw6 A each party; and WiTsTiMMARw+ w �+C N; W THEREFORE, for and in consideration of the mutual bene % to flow each to the other, the Parties Onant and agree as follows: 1. The recitals set forth above aretrue and correct and are deemed incorporated herein. . 1 - 253 DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 2. The DEPARTMENT has undertaken and oibtained the approval of Federal participation for the Project. The AGENCY is responsible for additional Project costs determined to be Federal Aid Ilk "Alm T. nt I The AGENCY shall alklow the DEPARTMENT and its contractors to enter onto the existing AGENCY property. No further permit or agreement from the Agency shall be required to, construct this Project. 4The AGENCY shall continue to maintain the existing roadway and any, property ow AGENCY uni the DEPARTMENT begins construction of the Project. The AGENCY shall to be responsible for mowing and litter removal during the duration of t e Project.?, 5. Upon, "final' acceptance" by the DEPARTMENT of the Project, (as "finalf acce in the Standard Specifications for Roadway and Bridge Construction dated J and Notice thereof to the AGENCY, the AGENCY shaill maintain the-etwoq "kes (MUTCD current edition, or as documents, aind oo (e) Manual n Unifrm Traffic C v amended, Maintenance of said, P ■- w, rlimited to, pavement miarkings. a. The AGENCY graints to the DEPA 6 construct the Project., ,�!Nie'alli rights necessary to enter and b. The Department shaH� Jth : AG ENCY seven (7) days' notice before fina I i rispectio The AGENCY wili ry < Vt, he opportunity to inspect and identify corrections to,, t PROJE within k �7) days' notice and the DEPARTMENT aigrees to undertal thw wrre i r to finial acceptance solongi as the corrections comply withii t Final Prop strucdon plans and s�piecification previouMy approved by both t DEPAR d the AGENCY. I 6o No addititi fft of way iis required'foir the PROJECT. The PR03ECT can be completed withkiii� —'W the g right of way. I 111 11 111 i I III I MW M �ntal perm,itting: if requested by the DEPARTMENT, the AGERCY shall sigiin as a joint iid be responsible for the permits, related to the Project, Further the AGENCY shall be TI i io that the Pro'ect remainis in comnliance with all nermits after the --l' —1 - construction is complete and the right of way is transferred to the AGENCY. To 1 permitted by law, the AGENCY shall inderi the DEPARTMENT for ainy violations by the W 254 DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 AGENCY of any permits issued to the Department or jointly to and the DEPARTM ENT after construction is complete. The AGENCY shall execute all documentatioquired by the: permitting agencies in a timely manner to accept transfer of the Proj!ect. The AGENCY shilaill be the applicant for all occupancy permits that are required for the Project. 9. UtOrtiesi The AGENCY shall cooperate with the DEPARTMENT, to the e:xtent necessary, to accomplish utility relocations for this Project, This shall include, but not be limited to, entering into utility subordination agreements with the affected; utility owners, thereby assuming liabili for future utility, r6ocations within the AGENCY right of way and proposed right of way. At! its expense, the AGENCY shail comply with any and all request of the DEPARTMENT to provid r notice to utility owner to initiate work necessary to alleviate interference; to remove •te non-compliant utilities; aind to place liens upon noompliant utility owners withi e ENCY right of way, as defined in Floridai Statues 33i7,403 and 337.404. The AGENCY s !able and rermburse the DEPARTMENT for any cost incurred by the DEPARTMENI ICY's failure to tim6ly comply with said request. AA 0 0 a, AGENCYS Utiiities,, The AGENCY shall relocate and adjuistiUtl i ities including connection with, utility customers. 10, Unforeseen issues: If unforeseen issues shall arise, th A*INCY shall cooperate with the DEPARTMENT to the extent necessary to construct ct. This shall include but not be limited to the execution of documents; a the Department and/or their contractors/consultants to enter upon the real i p rty owned, leased, possessed and/or controlled by the Agency upon, which the Pr Ject ivoto be constructed or any property adjacent thereto. tts: The AGENC kv t the U.S. nt f Homeland Securitys, E -Verify system tverify the pl, s hT e h ww eligibih" . o Ovl Zenew oemployees hired by the AGENCY during the: term of the ) :K1 w- wz intractors performing work or providing services pursuant to the ze the U,S. Department of Homeland Security's E Verify system mp ibility of all new employees hired by the contractor during the: 12. Thi ocWent incorporates and includes all prior negotiations, correspondence, conversations, ay i nts, or understandings as represented in the Final Proposed Construction Plains. co wingly, it is agreed that no deviation from the terms hereof shail�l be predicated upon any prior resentation or agreements whether oral or written. 3. The DEPARTMENT will provide the AGENCY with as-biuilts as a part of the final acceptance: paickage. W 255 DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 14. This Agreement shall be governed, interpreted, and construed according to the laws of the State of Florida. 15. LIST OF ENHIBITS • Exhibit A* Project Scope • IN, B: AGENCY's Resolution �W;� DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year provided below. ATTEST: �#i -itoti Beach. through ADEN_ BOARD OF CITY COMMISSIONERS By: —day of A 20 Approved as to f office of City Attorney By: NT 4 STATE OF FLORIDA 4�t�, Q DEPARTMENT OF TRANSPORTATION NEGizmam 110mamimmy M 11101immamr-sm- lW1111111 KJ 257 DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 SECTION No.: 93000-248,9390,0-223, 93900-224, 9390 0-225 AGENCY: City of Boynton Beaich All of the improvements are to be compieted by DEPARTMENT within the AGENCY's existing NOcean Ave and Boynton Beach Blvd i right-of-way, s Pavement Markin Signing and g 3 5harrows are proposed along NW Y4 5t from Ocean Ave to 5P-804/BoynBlvd, Ocean Ave from NW 31d 5t to SR-5/NJ5-1/Federal Highway, and Boynton Beach BNv R- /US-1/Pederat Highway to the marina/intracoastai waterway M DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 w' ON No.. 939W223, 93900-224,93900-225 FM No.: 79-1-52-01 AGENCY: pity of BoVnton, Beach C.R. Na.. N/A m 259 DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 I RESOLUTION NO. R22 - 089 2i 3 A RESOLUTION OFTHE CITY OF' BOYNTON BEACH, FLORID 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN T 5 FLORIDA DEPARTMENT OF TRANSPORTATION'S (FDOT- 6 LOCAL FUNDED AGREEMENT, THREE PARTY ESCRO 7 AGREEMENT, AND FDOT HIGHWAY MAINTENAN 8 MEMORANDUM OF' AGREEMENT, AND PROVIDING A 9 EFFECTIVE DATE. 10 1 11 WHEREAS, in 2018, the Boynton Beach Community Redevelopment Agency (CRA) 12 was awarded a Federal Highway Administration Federal Lands Access Program (FLAP) Grant 13 to redevelop Boynton Beach Blvd (between NW 4th Street and US l/Feclerall Highway) into a 14 Complete Street; and 15 WHEREAS, in June 2019, the City Commission authorized the Florida Department of 16 Transportation to proceed with the design, construction, and administration of the Boynton 17 Beach Boulevard Complete Streets Project, between NW 3rd Street and Federal Highway (US 18 1); and 19 WHEREAS, in June 2020, the City Commission approved a Locally Funded Agreement 20 (LFA) and for the payment of the City's portion of the design cost; and 21 WHEREAS, the construction, and the City's portion of construction funding 22 ($1,105,383) which will be reimbursed by the CRA, is scheduled for 2023; and 23 WHEREAS, prior to construction the FDOT requires the following agreements signed: 24 State of Florida Department of Transportation Locally Funded Agreement, Three Party Escrow 25 Agreement and District Four Highway Maintenance Memorandum of Agreement. 26 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 27 recommendation of staff, deems it to be in the best interests of the City residents to approve 28 and authorize the Mayor to sign the Florida Department of Transportation's (FDOT's) Locai 29 Funded Agreement, Three Party Escrow Agreement, and FDOT Highway Maintenance 30 Memorandum of Agreement, 31 N14)W, THEREFORE, BE ITRESOLVED BY THE CITY COMMISSION OF THE CITY OF 32 BOYNTON BEACH, FLORIDA,THAT: 51CA\RES0\8oynton Beach Blvd FDOT Agreements - Reso.Docx �*Tf --------- -- DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007 33 Sgction 1 � The foregoing "WHEREAS" clauses are true and correct and hereby 34 ratified and confirmed by the City Commission 35 Section 2. That the City Commission of the City of Boynton Beach does hereby 36 approve and authorize the Mayor to sign: the Florida Department of Transportation's 37 (FDOT's) Local Funded Agreement, Three Party Escrow Agreement, and FDOT Highway 38 Maintenance Memorandum of Agreement, copies of which are attached hereto, and 39 incorporated herein as, Exhibits A through C. 40 Section 3. That this Resolution will become effective imirnediately upon passage. 41 PASSED AND ADOPTEthis day of �11,1 .2022. 42 43 CITY OF BOYNTON BEACH, FLORIDA 44 45 46 47 48 49 50 51 52 53 54 55 56 57 5s ATTFU 59 60 61 62 63 64 65 66 (Corporate Seal) 67 Mayor - Ty Penserga Vice Mayor - Angela Cruz Commissioner -Woodrow L. Hay Commissioner - Thomas Turkin, Commissioner - Aimee Kelley VOTE -VON % to, gV0 2 S:\CA\RESO\Boynton Beach Blvd FDOT Agreements - Reso,Docx NXIMEEM141 irM I DocuSign Envelope ID: BFCF09C7-1 D4B-415F-B52E-1 664D5C1 2007 Kennedy, Leos From: Rubio, Jessica Sent: Thursday, July 7, 2022 9:07 AM To: D4 -Program Management Subject: FW: Responsible Charge & Selection Committee Delegation - Transportation Development (7/7/22 - 7/12/22) FYI Jessica Rubio I District 4 Program Management Administrator 3400 West Commercial Blvd. Fort Lauderdale, FL 33309-3421 (954)777-4626 From: Godfrey -Baker, Monifa <Monifa.Godfrey-Baker@dot.state.fl.us> On Behalf Of Braun, Steve Sent: Thursday, July 7, 2022 9:03 AM To: D4 -MC <D4-MC@dot.state.fl.us> Cc: D4 -ASC <D4-ASC@dot.state.fl.us> Subject: Responsible Charge & Selection Committee Delegation - Transportation Development (7/7/22 - 7/12/22) While I am out of the office from Thursday July 7th through Tuesday July 12th, 2022, John Olson will be in responsible charge and have my full signature authority for D4 Transportation Development. I also delegate John Olson as the Transportation Development member of the D4 Selection Committee for Monday, July 111h, 2022. Please afford John your usual courtesy and cooperation. Monifa Godfrey -Baker can be contacted directly at (954) 777-4646 for immediate assistance while I am out of the office. Steven C. Braun, P.E. Director of Transportation Development FDOT - District Four Steve...B ra.uim.. ::..:.fII.:.us. Office: (954) 777-4143 Cell: (954) 303-9192 FDOT I a:g:book I I uII IE^ir IIirri uIa pir irmn lya)U I u:lk::'" J girded g» 262 SECTION NO.: 93200 FM NO.(s): 403605-1-52-01 COUNTY: Palm Beach S.R. NO.: 804 DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this ofT hul, _ 20Q.�^by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the City of City of Boynton Beach, a Florida Municipal Corporation, hereinafter called City. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 804 as part of the State Highway System; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain the highway facility as described in Exhibit A attached hereto and incorporated by reference herein, within the corporate limits (or unincorporated if County) of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facilities that contain landscape medians and areas outside the travel way to the right of way line, excluding standard concrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing, litter pick-up, necessary replanting, irrigation repairs, and median concrete replacements as needed; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No iX &Cdated (94.5 , 20C,<S_, attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation and/or hardscape on the highway facilities as specified in plans and specifications hereinafter referred to as the Project and incorporated herein as Exhibit B. Hardscape shall mean any non-standard roadway, sidewalk or median surface such as, but not limited to interlocking concrete or brick pavers, stamped asphalt and stamped concrete. Document in Edit MOA Agreement instance ... 263 2. The AGENCY agrees to maintain the landscape within the medians and areas outside the travel way to the right of way line by periodic trimming, cutting, mowing, fertilizing, curb and sidewalk edging, litter pickup and necessary replanting, following the DEPARTMENT'S landscape safety and plant care guidelines. The AGENCY'S responsibility for maintenance shall include all landscaped/turfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median and areas within the travel way to the right of way line, including paver sidewalks, paver intersections and all paver header curbs, stamped asphalt and concrete areas. It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused by the differential characteristics of the paver brick and/or the header curb on Department of Transportation right-of-way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes: (1) removing dead or diseased parts ofplants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original Project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. If it becomes necessary to provide utilities to the median or side areas (water/electricity) for these improvements, all costs associated with irrigation maintenance, impact fees and connections as well as on-going cost of water are the maintaining AGENCY'S responsibility. The above named functions to be performed by the AGENCY, may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, repayment, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT. 3. If at any time after the AGENCY has assumed the landscape installation and/or maintenance responsibility above-mentioned, it shall come to the attention of the DEPARTMENT'S District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, to place said Document in Edit MDA Agreement instance ... 2 264 AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: (a) Maintain the landscape or a part thereof, with DEPARTMENT or contractor's personnel and invoice the AGENCY for expenses incurred, or (b) Terminate the Agreement in accordance with Paragraph 7 of this Agreement and remove, by DEPARTMENT or contractor's personnel, all of the landscape/hardscape installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscape covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said landscape after which time the DEPARTMENT may remove same. All permits (including tree permits), fees, and any mitigation associated with the removal, relocation or adjustments of these improvements are the maintaining AGENCY'S responsibility. The DEPARTMENT agrees to enter into a contract for the installation of landscape Project for an amount not to exceed $ $ 18,600.00 as defined in Exhibit C. The DEPARTMENT'S participation in the Project cost, as described in Exhibit C is limited to only those items which are directly related to this Project. The AGENCY shall be invited to assist the DEPARTMENT in final inspection at the end of the contractor's 365 day warranty and establishment period. 6. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the Project, should the landscape/hardscape areas fail to be maintained in accordance with the terms and conditions of this Agreement. This Agreement may be terminated under any one (1) of the following conditions: (a) By the DEPARTMENT, if the AGENCY fails to perform its duties under Paragraph 3, following ten (10) days written notice. (b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. Document in Edit MOA Agreement instance ... 265 8. The term of this Agreement commences upon execution. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the DEPARTMENT, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY'S negligent performance of the work under this agreement, or due to the failure of the AGENCY to maintain the Project in conformance with the standards described in Section 2 of this Agreement 10. The AGENCY may construct additional landscape/hardscape within the limits of the rights - of -ways identified as a result of this document, subject to the following conditions: (a) Plans for any new landscape/hardscape shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. (b) All landscape shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape installed; (d) No change will be made in the payment terms established under item number five (5) of this Agreement due to any increase in cost to the DEPARTMENT resulting from the installation of landscape added under this paragraph. 11. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 12. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no moneymay be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than 1 year. 13. The DEPARTMENT'S District Secretary shall decide all questions, difficulties and disputes Document in Edit MOA Agreement instance ... 11 266 of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof, and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 14. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 15. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. 16. Any and all notices given or required under this agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses: If to the Department: If to the Agency: State of Florida Department of Transportation City of Boynton Beach 3400 West Commercial Blvd. 100 E. Boynton Beach Blvd. Ft. Lauderdale, FL 33309-3421 Boynton Beach, FL 33425-0310 Attention: Elisabeth A. Hassett, R.L.A. Attention: David Kelley FDOT District IV Landscape Architect City Engineer IN WITNESS WHEREOF, the parties hereto have executed this Agreement day and year first above written. AGENCY �./ Chairp/Ison Al, Clerk Approval as to Form Date r. Document in Edit MOA Agreement instance ... STATE OF FLORIDA DEPARTMENT OF TRANS OF-MF� C2 `I st: / (SEAL) Executive Secrema A roval as_torm Date ���r�•.T—" �L L� �-v rJ 267 SECTION NO.: FM NO.(s): COUNTY: S.R. NO.: EXHIBIT A 93200-000 403605-1-52-01 Palin Beach 804 PROJECT LOCATION: State Road 804 from Old Boynton Road/NW 8th Street (M.P.7.786) to S.R. 5/US-1(M.P.9.115). Document in Edit MOA Agreement instance ... rol 268 SECTION NO.: FM NO.(s): COUNTY: S.R. NO.: EXHIBIT B 93200-000 403605-1-52-01 Palm Beach 804 The DEPARTMENT agrees to install the Project with a contractor in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by Dated Document in Edit MOA Agreement instance ... 269 SECTION NO.: FM NO.(s): COUNTY: S.R. NO.: EXHIBIT C PROJECT COST 93200-000 403605-1-52-01 Palm Beach' 804 This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Dated I. APPROXIMATE PROJECT COST: $ $ 18,600.00 Document in Edit MOA Agreement instance ... 270 ESTIMATE FOR LUMP SUM ITEM FOR LANDSCAPE FP ID 403605-1-52-01 STATE ROAD 804 (BOYNTON BEACH BLVD). FROM OLD BOYNTON ROAD TO SR-5/US-1 PAY ITEM DESCRIPTION UNIT QTY PRICEIUNIT TOTAL LANDSCAPE COMPLETE (SMALL PLANTS) Euphorbla millii "Rosy" (Dwarf Crown of 581-1-1 Thorns) 1 gallon cans, 12"spread LS 1 $18,600.00 $18,600.00 Total: 3,100 plants at $6.00 ea = $18,600 Includes mulch, water and fertilizer. CADocuments and Settings\EMSierra\Local Settings\'Temporary Internet Files\OLK116\SR804 403605 Palm Beach Co.doc 271 272 �-, it _ '� ���� (fir,✓/ a � � � 3 i [ c _ c o c x u jl/ 2 Def z- ' J �i �.1 1 j`j��� LQ U W Ci ti c. y 2�SC 4 _ � u 272 273 t� C 1 — C-) 'i Q X a J CD L n a-�'NS < Q ,Jwr� I 7 274 275 11 276 1 277 P'! H �j -1.1X3 LFiLY�01J �n-I 278 ll_�✓.�.'ii � 1 279 280 WY�n c 1.5 p u" 711A N fel 281 LFII U,F. C'i'IC I I �1 r • z� I i ?� ,I. to `� 4' i II 4' WY�n c 1.5 p u" 711A N fel 281 282 t i j 71 I I � ill � '� i, •� i 17 l;J,1 -- —! L- .... ... ........ ...i-- - -- -....__.._......1 283 "l E L 12: u I c 284 I d i YN l 5 7 L I Y I I I I 90 7H l e -t "l E L 12: u I c 284 285 W 286 1 The Cit of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach,fl.us www.boynton-beach.org RTIFICATIOI I, JANET M. PRAINITO, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached City of Boynton Beach Resolution No. R05- 165, consisting of two (2) pages, is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 7TH day of Octoberr 2005. (SEAL) , M. a,�.LL )]NET M. PRAINITO, CMC CITY CLERK lutions\certiflcation - R05-165 - FDOT MAINTENANCE MEMORANDUM.doc America's Gateway to the Gulfstream 287 1 2 RESOLUTION NO. R05- 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 AUTHORIZING EXECUTION OF A MAINTENANCE 7 MEMORANDUM OF AGREEMENT FOR THE 8 MEDIAN IMPROVEMENTS TO BE COMPLETED 9 WITH THE BOYNTON BEACH BOULEVARD 14 RESURFACING PROJECT; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, the Florida Department of Transportation (FDOT) has been developing 14 roadway plans for the resurfacing of Boynton Beach Boulevard from Old Boynton Road to 15 Federal Highway; and 16 WHEREAS, the project will include median improvements and landscaping, 17 modification of some intersections, traffic signal modifications and street light 18 improvements; and 19 WHEREAS, staff has been coordinating with FDOT consultant engineers on several 20 issues and now recommends that that City Commission approve the Memorandum of 21 Agreement, a copy of which is attached hereto as Exhibit "A". 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25. being true and correct and are hereby made a specific part of this Resolution upon adoption 26: hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby authorize and direct the Mayor and City Clerk to execute the FDOT Maintenance 29 Memorandum of Agreement between the City of Boynton Beach and the Florida Department 30 of Transport for the median improvements to be completed with the Boynton Beach 31 Boulevard resurfacing project, a copy of which is attached hereto as Exhibit "A", and 32 incorporated herein by reference. S:%CA\RES01Agreements%FD0T - Maintenance Agmt (BBB resurface).doc 288 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Section 3. That this Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _S day of October, 2005. 16 17 18 19 20 21 ATTEST: CITY OF BOYNTON BEACH, FLORIDA k-ommissloRef SACAIRESMAgreementsTDOT - Maintenance Agmt (BBB resurface).doc 289 i M Consent Agenda 06/6/2023 Proposed Resolution No. R23-074- Restaurant Concession for the Links at Boynton Beach Requested Action by Commission: Authorize the City Manager to sign a five (5) year lease agreement with SW Hospitality Group, LLC. for Restaurant Concession for the Links at Boynton Beach. Explanation of Request: Under the authority granted by the City of Boynton Beach Purchasing Policy, Section: X - Alternative to Formal Sealed Bids, 14 - Rejection of Bids or Proposals/Direct Negotiation. "When the competitive solicitation process did not result in adequate competition or did not result in a contract that would be in the best interest of the City of Boynton Beach." The City's Purchasing Policy allows the City to directly negotiate with a firm for services. April 14, 2023, The City held a negotiation meeting with SW Hospitality Group, LLC., to discuss the restaurant services needed at the Links of Boynton Beach. Bo Preston, Golf Course Manager, lead the negotiation for the City. In attendance, Anderson Studebaker and Wylon Wong of SW Hospitality Group LLC. The City requested a proposal to include a list and pricing for all the equipment that would be installed, as the equipment currently in the kitchen has reached it useful life. SW Hospitality Group LLC. to provide all new kitchen equipment at an estimated cost of $28,000. The monthly lease payment for the first two (2) years will be 2% of the gross sales over twenty thousand ($20,000) per month. Years three to five, the City shall receive Twelve thousand ($12,000) per year, and 2% of the gross sales over twenty thousand ($20,000). How will this affect city programs or services? The restaurant at the Links of Boynton Beach offers quality food and beverage services to the golf course visitors seven (7) days a week. Fiscal Impact: This will increase current revenue. Attachments: Resolution approving Lease Agreement with SW Hospitality (Concession at Links) Lease Agreement - Final.pdf 290 1 RESOLUTION NO. R23-074 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO 5 SIGN A FIVE (5) YEAR LEASE AGREEMENT WITH SW 6 HOSPITALITY GROUP, LLC. FOR RESTAURANT CONCESSION 7 FOR THE LINKS AT BOYNTON BEACH; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, The restaurant at the Links of Boynton Beach offers quality food and 11 beverage services to the golf course visitors seven (7) days a week; and 12 WHEREAS, on April 14, 2023, The City held a negotiation meeting with SW Hospitality 13 Group, LLC., to discuss the restaurant services needed at the Links of Boynton Beach; and 14 WHEREAS, The City requested a proposal to include a list and pricing for all the 15 equipment that would be installed, as the equipment currently in the kitchen has reached it 16 useful life; and 17 WHEREAS, the City Commission has determined that it is in the best interests of the 18 residents of the City to approve and authorize the City Manager to sign a five (5) year lease 19 agreement with SW Hospitality Group, LLC. for Restaurant Concession for the Links at Boynton 20 Beach. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission hereby approves and authorizes the City 27 Manager to sign a five (5) year lease agreement with SW Hospitality Group, LLC. for 28 Restaurant Concession for the Links at Boynton Beach. A copy of the Lease Agreement is 29 attached hereto and incorporated herein by reference as Exhibit "A". 30 Section 3. This Resolution shall become effective immediately upon passage. 31 32 S:ACA\RESO\Agreernents\Approve Lease Agreement With SW Hospitality (Concession At Links) - Reso.Doex 291 33 PASSED AND ADOPTED this 6th day of June, 2023. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley ATTEST: VOTE Maylee De Jes6s, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) YES NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Approve Lease Agreement With SW Hospitality (Concession At Links) - Reso.Doex 292 THE LINKS AT BOYNTON BEACH RESTAURANT CONCESSION COMMERCIAL LEASE AGREEMENT This Commercial Lease Agreement ("Lease") is made and effective this day of _ _, 2023, by and between CITY OF BOYNTON BEACH, 100 East Ocean Avenue, Boynton Beach, Florida 33435 ("Landlord") and SW Hospitality Group, LLC ("Tenant"). Landlord is the owner of land and improvements commonly known as The Links at Boynton Beach, 8020 Jog Road, Boynton Beach, Florida 33472 and described as set forth below (the 'Building"): DESCRIPTION OF PROPERTY: Landlord desires to lease 1600 square feet ("Leased Premises") of the Building to Tenant and Tenant desires to lease the Leased Premises from Landlord for the Term (defined below), at the rental and upon the covenants, conditions, and provisions herein set forth. See attached Exhibit "A" for diagram of Leased Premises, herein incorporated into this Lease by this reference. THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: 1. Term A. The term of the Lease shall be for a period of (60) sixty months, commencing on June 1, 2023. B. The Landlord hereby grants the Tenant two (2) option(s) to renew this Lease for a period of two (2) years each on the same terms and conditions provided herein. If the Tenant desires to exercise these option(s), it shall so notify the Landlord no later than ninety (90) days prior to the date the original term or applicable renewal term expires. For purposes hereof, the "Term" means the original term and all renewal terms, if applicable. C. Either party may terminate the lease by giving the other party ninety (90) days written notice. D. Tenant shall comply with all terms of the Agreement between Landlord and the Tenant. 2. Rental. Tenant shall pay to Landlord annually during the first two years rental of two (2) percent of the gross sales over twenty thousand ($20,000) per month. For years three to five, the Tenant shall pay twelve thousand ($12,000) per year, and two (2) percent of the gross sales over twenty thousand ($20,000) per month. In the event the Tenant elects to renew the Lease for any additional renewal period, the rental cost per month shall be increased by three (3%) percent per year. All payments shall be made to Landlord at Boynton Beach City Hall, Finance Department, 100 E Ocean Avenue, Boynton Beach, FL 33435. All payments due and payable by Tenant under this Agreement shall bear interest from the tenth (10th) day subsequent to the date due, and continue until paid at the rate established pursuant to § 55.03(1), F.S. A sample monthly report is attached. (Exhibit "B") ,00564400.1 306-9001821 ; GC23-018R — The Links Restaurant Concession 293 3. Use. The Tenant shall have the exclusive use of the Leased Premises, to be used for use as a restaurant that will foster and support the Links golf course patrons. The Landlord represents that the Leased Premises may be used for Tenant's intended purposes. Tenant may also use the Leased Premises for any other lawful purpose in furtherance of, or related to, its program administration and operations. Tenant shall only use the Leased Premises during the building's standard hours of operation, as set by the Landlord and as may be amended from time to time ("Building's Standard Hours of Operation") expected to be, at a minimum, 7:00 AM — 6:00 PM (Sunday — Saturday) weather permitting. Finally, opportunities may be available for the Tenant to cater miscellaneous events and City -sponsored events on an as -needed basis. Tenant will be required to prepare, vend, and generally operate the Leased Premises in conformance with all applicable health codes. A Palm Beach County Health Department rating of "A" will be required at all times. 4. Sublease and Assignment. This Lease is not assignable, and Tenant may not sublease the Leased Premises. S. Repairs, Cleaning, and Maintenance. Landlord, at Landlord's expense, shall maintain the Leased Premises in good condition and repair throughout the Lease Term. This shall include, but not be limited to, the requirement that Landlord maintain, repair, and replace, as necessary, all portions of the Leased Premises, including, but not limited to, the roof, foundations, floor slabs, columns, exterior walls, embedded utility lines, gutters, downspouts and subfloors, HVAC, parking lot, driveways, sidewalks. Tenant shall be responsible for all Tenant improvements to the Leased Premises and any and all repair or replacement of said improvements. Landlord, at Landlord's expense, is responsible for the following equipment and services to the Building and the Leased Premises, throughout the Term: HVAC, roof, and plumbing repairs, as follows. A. heating and air conditioning equipment, which shall be operated and maintained by Landlord in satisfactory operating condition: B. roof and plumbing repairs; C. light fixtures and services related to same, including responsibility for replacement of all bulbs, tubes, and starts used in such fixtures for the purpose of furnishing light; D. basic exterior janitorial services (windows, doors, etc.), and all necessary supplies, including, but not limited to, the provision of trash disposal; and, E. pest control services. Tenant, at Tenant's expense, shall be responsible for all costs of interior janitorial services 6. Alterations and Improvements. Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, specialty lighting, trade fixtures, equipment, and other temporary installations in and upon the Leased Premises and fasten the same to the premises. Tenant shall have the right to remove the same at any time during the Term of the Lease provided that all damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's expense. Tenant will provide all equipment to necessary to operate the Leased Premises. ,00564400.1 306-9001821 ; GC23-018R — The Links Restaurant Concession 294 Property Taxes A. The Tenant shall pay all public charges and assessments assessed or imposed upon the Leased Premises. B. If applicable, Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises. C. If Tenant is a tax immune sovereign and exempt from the payment of sales, use, or excise taxes; Tenant shall provide a certificate to Landlord, prior to the commencement of the Lease. 8. Insurance and indemnity. Tenant shall indemnify and hold harmless Landlord and its officers, employees, and agents from any and all personal injury or property damage claims, liabilities, losses, or causes of action which may arise as a result of the Tenant or Tenant's employees when acting within the course and scope of their employment. The parties shall cooperate with each other in the investigation and disposition of any claim, provided that nothing shall require the other party to disclose any documents, records, or communications that are protected under the peer review privilege, the attorney-client privilege, or the attorney work -product privilege. The provisions of this section shall survive the termination of the Agreement. a. Required Insurance. i. Workers' Compensation Insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) shall include Employer's Liability with limits of One Million Dollars ($1,000,000.00)each accident, One Million Dollars ($1,000,000.00) each disease, and One Million Dollars ($1,000,000.00) aggregate by disease. ii. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) peroccurrence combined single limit for Bodily Injury Liability and Property Damage Liability shall include: (1) Premises and/or Operations on an occurrence basis. (2) Independent Contractors. (3) Products and/or Completed Operations Liability on an occurrence basis. (4) Explosion, Collapse, and Underground Coverages. (5) Broad Form Property Damage. (6) Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless and/or indemnification agreement. (7) Personal Injury Coverage with Employees and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. b. Notice of Cancellation, Expiration, and/or Restriction: The policy(ies) shall be endorsed to provide the City with thirty (30) calendar days' advanced written notice of cancellation, expiration, and/or restriction to the attention of the Project Manager, c/o Risk Management Coordinator, City of Boynton Beach, 100 East Ocean Avenue, Boynton Beach, FL 33435. G. The Contractor shall furnish to the City Certificate(s) of Insurance evidencing the insurance coverages required herein prior to the Term of the Lease. Such certificate(s) shall reference this Agreement. The City reserves the right to require a certified copy of such policies upon request. All certificates shall state that the City shall be given thirty (30) calendar days' prior written notice of cancellation and/or expiration. The official title of the City is "City of Boynton Beach" This official title shall be used in all insurance or other legal documentation. The City shall be included as "Additional Insured" with respect to liability arising out of operations performed. ,00564400.1 306-9001821 ; GC23-018R — The Links Restaurant Concession 295 9. Utilities The Landlord shall pay, subject to the repayment by the Tenant as provided herein, for all utilities required by Tenant for its use and operation of the Leased Premises, including, but not limited to, heat, water, sewer, power, and electricity, to the extent that such additional costs for the Tenant's utilities do not unreasonable increase the Landlord's utilities at the Building in relation to the size of the Leased Premises. Landlord has the right to install a separate meter and bill the Tenant directly for the Tenant's utilities provided the Tenant's use of the Leased Premises causes an unreasonable increase in the utilities at the Building. Tenant shall pay for its share of any costs for Tenant's use of electricity outside of the Building's Standard Hours of Operation; Landlord shall pay the amount due and separately invoice Tenant for Tenant's pro -rata share of the charges. Tenant shall pay such amounts within fifteen (15) days of invoice. 10. Signs. Tenant shall have the right to place on the Leased Premises, at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's reasonable discretion is deemed too large, deceptive, unattractive, or otherwise inconsistent with or inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant, except for normal wear and tear. 11. Entry Landlord, upon reasonable prior written notice to Tenant, shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, perform maintenance, or make repairs as it is required under this Lease, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. Landlord shall have the right to enter the Leased Premises at any time without notice in the event of an emergency, but in such case, Landlord will provide Tenant with notice of such entry as soon as possible thereafter. 12. Parking During the Term of this Lease, Tenant shall have the non-exclusive use of at least two allocated public parking spaces during the Building's Standard Hours of Operation, in common with Landlord, other tenants of the Building, their guests and invitees, of the non -right of way, non -reserved, common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord, at no additional cost or expense. Landlord reserves the right to alter the Tenant's designated parking areas for Tenant and Tenant's agents and employees. Additionally, Tenant shall be entitled to request the parking spaces to be designated for Tenant in the event that accessing the allocated parking becomes an issue, as reasonably determined by Tenant and Landlord. 13. Damage and Destruction If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty, or structural defects that the same cannot be used for Tenant's purposes, this Lease may be deemed terminated by either party as of the date of such damage. In the event, this Lease is not terminated, and the damage or destruction was not directly resulting from Tenant's negligence, gross negligence, or willful misconduct, the rent shall be reduced during the period of repair or restoration to the extent the Leased Premises are rendered unusable by the Tenant, in the Tenant's reasonable judgment, in the conduct of its business. Such abatement shall continue until the earlier to occur of (a) the date the Tenant reopens for business, or (b) thirty (30) calendar days after substantial completion of Landlord's repair or restoration work. 4 ,00564406.1 306-9001821 ; GC23-018R — The Links Restaurant Concession 296 The Landlord shall provide for fire protection during the Term in accordance with the fire safety standards of the authority having jurisdiction over this area, which may include, but not be limited to, the State Fire Marshal. The Landlord shall be responsible for maintenance and repair of all fire protection equipment necessary to conform to the requirements of the applicable Building and Fire Safety Codes and the authority having jurisdiction thereof. 14. Force Majeure Neither party shall be liable to the other party for any interruption, failure, inability, or delay to perform hereunder, if such failure, inability, or delay is due to any cause beyond the reasonable control of the party so failing, including, without limitation, acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, or labor dispute, or inability to access necessary supplies, and due diligence is used in curing such cause and in resuming performance. In the event Tenant's use of the Leased Premises is disrupted due to the events described in this paragraph to such an extent that Tenant cannot, in its reasonable discretion, operate for business for a period of more than ten (10) days, the rent payable under this Lease shall abate during the remaining period of disruption. 15. Tenant's Default If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, and if said default shall continue for more than thirty (30) days after written notice thereof shall have been given to Tenant by Landlord more than two (2) times in a year of the Term, or if material default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the Term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 16. Quiet Possession Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable, and undisturbed and uninterrupted possession of the Leased Premises during the Term of this Lease. Notwithstanding anything to the contrary contained herein, in the event Tenant's quiet enjoyment of the Leased Premises is disturbed, then, after Landlord's cure period of thirty (30) days, in addition to any other remedies available to Tenant hereunder or at law or in equity, Tenant shall be entitled to an equitable proration of the rent Tenant is required to pay hereunder according to the duration of the disturbance. 17. Security. The Landlord, at Landlord's expense, shall be responsible for providing reasonable security for the Building and the Leased Premises at all times during the Building's Standard Hours of Operation. 18. Building Access. There shall be open access to the Building during Standard Hours of Operation (as herein defined). At all other times, access to the Building may be restricted, at Landlord's election. 19. Condemnation. If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease may be terminated by either party when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall 5 ,00564400.1 306-9001821 ; GC23-018R — The Links Restaurant Concession 297 be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. The Tenant shall not have any rights in or to any award made to the Landlord by the condemning authority. 20. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: Landlord to: City of Boynton Beach Attn: Daniel Dugger 100 East Ocean Avenue Boynton Beach, FL 33435 Tenant to: SW Hospitality Group, LLC Attn: Anderson Studebaker / Wylon Wong 1127 Royal Palm Beach Blvd #508 Royal Palm Beach, FL 33411 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 21. Brokers Landlord shall not be responsible for any brokerage fees related to this Agreement or otherwise and shall be held harmless from and against liability for compensation or charges which may be claimed by the foregoing broker or any related parties. 22. Waiver. No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term, or condition. 23. Headings. The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 24. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives and successors. 25. Landlord's Performance ,00564400.1 306-9001821 ; GC23-018R — The Links Restaurant Concession 298 If there is a default with respect to any of Landlord's covenants, warranties, or representations under this Lease, and if the default continues more than thirty (30) days after notice in writing from Tenant to Landlord specifying the default (except in the event of an emergency, in which case only reasonable notice shall be required), Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall have been fully reimbursed for such expenditures, together with interest thereon at a rate equal to the lesser of twelve percent (12%) per annum or the then highest lawful rate. If this Lease terminates prior to Tenant's receiving full reimbursement, Landlord shall pay the unreimbursed balance plus accrued interest to Tenant on demand. Tenant may also seek and enforce any other lawful remedies to which it may be entitled. 26. Third Parties. There are no third -party beneficiaries to this Lease 27. Independent Contractors. It is mutually understood and agreed that the relationship between the parties shall be that of independent entities contracting with each other at arm's length towards an independent contractor relationship. This Lease does not and shall not be construed to create the relationship of agent, employee, partnership, joint venture, or association between the parties. 28. Compliance with Law. Tenant shall comply with all laws, orders, ordinances, and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances, and other public requirements now or hereafter affecting the Leased Premises. The Landlord represents and warrants that the Leased Premises is in compliance with all laws, rules, and regulations applicable thereto, including, but not limited to, environmental compliance, fire safety, life safety, and disabled access standards applicable to Tenant owned or leased buildings. In addition, Landlord shall be responsible for causing the Leased Premises to comply with all hereinafter enacted laws, rules, and regulations applicable thereto. The Landlord agrees that the Leased Premises shall be available for inspection by the State Fire Marshall or other applicable authority, prior to occupancy by the Tenant, and at any reasonable time thereafter. 29. Hazardous Material. Landlord represents and warrants to Tenant that, to the best of Landlord's knowledge, the Leased Premises are free and clear of Hazardous Materials (as hereinafter defined). For the purposes of this Lease, "Hazardous Materials" means substances regulated under federal law or by the laws of the state or municipality, in which the Leased Premises are located, including, but not limited to, asbestos and petroleum -related products. Tenant shall not be responsible for any Hazardous Materials located on the Leased Premises at the time Landlord delivers possession of the Leased Premises to Tenant. 30. Expiration of Term. At the expiration of the Term, the Tenant will peaceably yield up to the Landlord the Leased Premises in good order and condition, ordinary wear and tear, damage from casualty, and condemnation excepted. It is understood and agreed between the parties that the Tenant shall have the right to remove from the Leased Premises all personal property placed on the Leased Premises by Tenant. If Tenant fails to surrender the possession of the Leased Premises at the expiration or termination of this Lease, Tenant shall pay, as holdover rent, an amount equal to the rent payable during the last month of the Term, prorated for each day that Tenant fails to surrender possession of the Leased Premises, and this Lease shall thereafter continue on a month-to-month basis, terminable by either party upon thirty (30) days' notice. ,00564400.1 306-9001821 ; GC23-018R — The Links Restaurant Concession 299 31. Final Agreement This Lease terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Lease may be modified only by a further writing that is duly executed by both parties. This Lease may be executed in counterparts, each of which shall be deemed to be an original, but all of which together will constitute one and the same Lease. 32. Governing Law and Venue This Lease shall be governed, construed, and interpreted by, though, and under the Laws of the State of Florida. Each party shall comply with all applicable local, state, and federal laws, rules, and regulations, as well as any and all governing agencies, pertaining to this Lease. In the event of court action to enforce this lease, venue will be in Palm Beach County, Florida. 33. Audit of Tenant's Records Throughout the term of this Agreement and for one year subsequent to termination, the Tenant agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all revenue, income, profits, expenditures, etc. of all funds received and expended by the Tenant in the Tenant's business. The Landlord shall have the right to audit the books, records, and documents of the Tenant and the Tenant shall provide any documents requested by the Landlord within five (5) calendar days, upon request by the Landlord. Such inspection by Landlord shall be made with respect to the percentage of gross sales rental amounts. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK ,00564400.1 306-9001821 ; GC23-018R — The Links Restaurant Concession 300 "I'his Agreement will take effect once signed by both parties, This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the patties A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties hereto have executed the Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this 5W-, day of 2023, CITY OF BOYNTON BEACH SW HOSPITALIT ROUP, LLC Daniel Dugger, City Manager (SI vpure), Company Z,Z'Ic" 5 Print Name of Authorized Official Title (Corporate Seal) :9cit Witness 4AF,AP-el) /0e -f4 Print Name Approved as to Form� Michael D. Cirullo, Jr, Office of the City Attorney Attested/Authenticated: Maylee De Jesus City Clerk t u064VMa I YA-M) N $2 t I W23 -0181Z The Links Restatirani Concesmon 301 EXHIBIT "A" 10 ,00564400.1 306-9001821 ; GC23-018R — The Links Restaurant Concession 302 40A 100 SIN9wWOadV4160JMJJNJ3snoll gn,Qjlo� A8v gtVn 'N 'H DY3 9 N, NA 09 'H DV3'J NO tN hO 9 ly SA N 11 iH I I T H.)Vqg Wr) IKJ Ina Jl1 i jrr ff W, u 303 EXHIBIT "B" m ,00564400.1 306-9001821 ; GC23-018R — The Links Restaurant Concession 304 EXHIBIT "B" CONCESSIONAIRE AGREEMENT MONTHLY REPORT Monthly Report of Concessionaire's Gross Revenue (Due by the loth of each month) Location: Concessionaire Name: Period Covered: From Date: To A. Itemization of Monthly Gross Revenue (excluding subcontractor gross revenue) $ B. Subcontractor Monthly Gross Revenue If there are multiple subcontractors, please include the total for all subcontractors on this line; and, list the name of each subcontractor on this form, or on an attached second sheet. if additional space is required, attach second sheet. $ $ C. Total Monthly Gross Revenue (A+B) $ D. Total Payable Monthly Rent $ Monthly Percentage of Gross Sales $ Pagc 1 of 1 305 6.L Consent Agenda 06/6/2023 Proposed Resolution No. R23-075- Wireless Leasing and Administration Services. Requested Action by Commission: Authorize the City Manager to sign a five (5) year agreement with CityScape Consultants, Inc. for Comprehensive Wireless Leasing Consulting for City -owned wireless facility leases. Explanation of Request: CityScape Consultants, Inc. is a single source firm who can manage all aspects of the municipal leasing program; including review and evaluate the language of all current leases, review industry standards and market conditions, make recommendations regarding lease terms and valuation, assist with lease negotiations with tenants, and establish and maintain an inventory of all City -owned wireless facility leases and available properties. CityScape will recommend and negotiate new lease agreements for tower and ground space for review and approval by the City. Coordinate with City Attorney on drafting new leases for new co -locators on the existing facilities and new towers on City property for City's review and approval of form and content. Work with tenant providers on new content of lease agreements, reviewing lease exhibits and site plans. Conduct technical, regulatory and lease review of tenant requests for proposed upgrades and modifications to determine if modification will require an increase in rent. Prepare proposed draft lease amendments in concert with City Attorney documenting new antenna layout and applicable rental fees and term modifications for City review and approval of form. CityScape will provide quarterly verification of lease revenue collections by City and tenant terms and provide reports and any proposed reconciliation of rent, if applicable, and work with City staff and tenant to confirm and/or rectify any found discrepancies. Public meeting to engage the citizens as an informational workshop, presentation for the adoption of the wireless Master Plan or Zoning Ordinance. The initial set-up fee and rates for all work for the remainder of the City's fiscal year is a fixed fee of $48,000. Beginning October 2023, CityScape's fee will be twenty-five percent (25%) of all collected revenue. How will this affect city programs or services? Ensure the City is receiving the maximum revenue for site leases and co -locators of City -owned towers. Fiscal Impact: This will review the existing tower agreements and ensure the City is receiving 306 the respective revenues. Attachments: Resolution approving CityScapes Consulting Agreement Boynton Beach - CityScape Consultants Inc - Agreement.pdf Sole Source - Cityscape (.pdf Boynton Beach Sole Source Letter.pdf 307 1 RESOLUTION NO. R23-075 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A FIVE 6 (5) YEAR AGREEMENT WITH CITYSCAPE CONSULTANTS, INC. FOR 7 COMPREHENSIVE WIRELESS LEASING CONSULTING FOR CITY -OWNED 8 WIRELESS FACILITY LEASES; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the City of Boynton Beach owns several cell tower sites which the City leases 11 to various telecommunications carriers; and 12 WHEREAS, Cityscape will recommend and negotiate new lease agreements for tower 13 and ground space for review and approval by the City and coordinate with the City Attorney on 14 drafting new leases for new co -locators on the existing facilities and new towers on City 15 property, and 16 WHEREAS, Cityscape will provide quarterly verification of lease revenue collections by 17 City and tenant terms and provide reports and any proposed reconciliation of rent, if applicable, 18 and work with City staff and tenant to confirm and/or rectify any found discrepancies; and 19 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of 20 staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach 21 to approve and authorize the City Manager to sign a five (5) year agreement with Cityscape 22 Consultants, Inc. for Comprehensive Wireless Leasing Consulting for City -owned wireless facility 23 leases. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 25 BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach hereby approves and 30 authorizes the City Manager to sign a five (5) year agreement with Cityscape Consultants, Inc. 31 for Comprehensive Wireless Leasing Consulting for City -owned wireless facility leases. A copy 32 of the Agreement is attached hereto and made a part hereof as Exhibit "A". 33 Section 3. That this Resolution shall become effective immediately upon passage. S:\CA\RESO\Agreements\Cityscapes Consulting Agreement - Reso.docx 308 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 PASSED AND ADOPTED this 6th day of June, 2023. CITY OF BOYNTON BEACH, FLORIDA YES Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley ATTEST: Maylee De Jes6s, MPA, MMC City Clerk (Corporate Seal) S:\CA\RESO\Agreements\Cityscapes Consulting Agreement - Reso.docx VOTE Ty Penserga Mayor NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 309 M AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CITYSCAPE CONSULTANTS, INC. THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and CityScape Consultants, Inc. a corporation authorized to do business in the State of Florida, with a business address of 2423 S. Orange Ave #317, Orlando, FL 32806, hereinafter referred to as the "VENDOR". In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. 1. PROJECT DESIGNATION. The VENDOR is retained by the City to provide labor and consulting related to wireless leasing, administration, and management services for City -owned wireless facilities. 2. SCOPE OF SERVICES. VENDOR agrees to perform the leasing and administration services required for the tower and ground space lease management services, as specified in Exhibit A. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all work product required pursuant to this Agreement. 4. TERM. The initial Agreement period shall be for an initial term of five (5) years, commencing on June 7, 2023 and shall remain in effect through June 5, 2028. The CITY reserves the right to renew the agreement for two (2) five-year renewals subject to vendor acceptance, satisfactory performance as determined by the CITY, and determination by the CITY that renewal will be in the best interest of the CITY. 5. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: A. For the remainder of fiscal year 2023, CityScape will consult with the City for inventory, overview of current leases, recommend and negotiate new lease agreements for tower and ground space for review and approval by the City. Coordinate with City Attorney on drafting new leases for new collocators on existing facilities and new towers on City property. Conduct technical, regulatory and lease review of tenant requests for proposed upgrades and modifications. This set-up fee and rates for all work for the remainder of City's fiscal year will be a fixed fee of $48,000. Payment for the work provided by VENDOR shall be made promptly on all invoices submitted to the CITY properly, provided that the total amount of payment to VENDOR shall not exceed the total contract price without express written modification of the Agreement signed by the CITY Manager or designee. B. The VENDOR may submit invoices to the CITY once per month during the progress of the work for partial payment. Such invoices will be checked by the CITY, and upon approval thereof, payment will be made to the VENDOR in the amount approved. C. Beginning in fiscal year 2024, CityScape's fee will be twenty-five percent (25%) of all wireless revenue to be paid quarterly. Management fees are only due and payable when and to the extent the rent is collected by the City. Reconciliation reports and invoice will be sent by VENDOR to the City quarterly or a mutually agreed upon schedule. {00464442.1 306-90019211 11 D. Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for a period of five (5) years after the termination of the Agreement. Copies shall be made available upon request. F. All payments shall be governed by the Local Government Prompt Payment Act, asset forth in Part VII, Chapter 218, Florida Statutes. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the VENDOR in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. The VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with VENDOR's endeavors. 7. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and CITY of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the VENDOR, its employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. The CITY shall indemnify and hold harmless the VENDOR, its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the VENDOR or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the CITY's ownership of wireless infrastructure assets unrelated to any obligation of VENDOR under this Agreement, subject to the provisions of §768.28 below. B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. 9. INSURANCE A. During the performance of the services under this Agreement, VENDOR shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY's Director of Human Resources and Risk Management. All polices shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this {00464442.1 306-90019211 11 Agreement: Worker's Compensation Insurance: The VENDOR shall procure and maintain for the life of this Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products -Completed Operations and Contractual Liability with specific reference to Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must be follow form of the General Liability, Auto Liability and Employer's Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or cancelled by either party, reduced in coverage in limits except after thirty (30) days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Director of Human Resources and Risk Management. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the term of the Agreement. 10. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an {00464442.1 306-90018211 11 independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 11. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. 14. NON -WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) days of written notice by the terminating party to the other party for such termination in which event the VENDOR shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should VENDOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by VENDOR of written notice of such neglect or failure. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the CITY shall be sent to the following address: Daniel Dugger, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Notices to VENDOR shall be sent to the following address: {00464442.1 306-90018211 11 Cityscape Consultants, Inc. 2423 S. Orange Ave #317 Orlando, FL 32806 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the CITY and the VENDOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both CITY and VENDOR. 19. PUBLIC RECORDS. Sealed documents received by the CITY in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the CITY announces intent to award sooner, in accordance with Florida Statutes 119.07. The CITY is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the VENDOR shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, 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 disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, VENDOR shall destroy all copies of such confidential and exempt records remaining in its possession once the VENDOR transfers the records in its possession to the CITY; and D. Upon completion of the contract, VENDOR shall transfer to the CITY, at no cost to the CITY, all public records in VENDOR's possession All records stored electronically by VENDOR must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CITYCLERK@BBFL.US 20. SCRUTINIZED COMPANIES. By execution of this Agreement, VENDOR certifies that VENDOR is not participating in a boycott of Israel. VENDOR further certifies that VENDOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has VENDOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to VENDOR of the CITY's determination concerning the false certification. VENDOR shall have five (5) days from receipt of notice to refute the false certification {00464442.1 306-90019211 11 allegation. If such false certification is discovered during the active contract term, VENDOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If VENDOR does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 21. E -VERIFY. VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. A. Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. ii. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. iii. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. B. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; ii. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the CITY of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the CITY of Boynton Beach; and iii. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. {00464442.1 306-90019211 11 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year written below. DATED this day of CITY OF BOYNTON BEACH Daniel Dugger, City Manager Attest/Authenticated: Maylee DeJesus, City Clerk Approved as to Form: Michael D. Cirullo, Jr., City Attorney {00464442.1 306-90019211 2023. CITYSCAPE CONSULTANTS, INC. (Signature), Authorized Official Printed Name of Authorized Official Title (Corporate Seal) Attest/Authenticated : Witness 11 EXHIBIT "A" {00464442.1 306-90018211 11 E LESS Ll ' I MI II II I S I 11ATION ANDIIC III' CityScape Consultants, Inc. (CityScape) proposes to consult and advise the City of Boynton Beach (City), as directed, on the management of existing and future leases of City -owned wireless facilities. "'uuiupi°°(::1111(i:ur:sliive iiiI° IllessIll..(:asIiii°°iCCvi°isaIl[IIiiur:g CityScape will manage all aspects of the municipal leasing program; including review and evaluate the language of all current leases, review industry standards and market conditions, make recommendations regarding lease terms and valuation, assist with lease negotiations with tenants, and establish and maintain an inventory of all City -owned wireless facility leases and available properties. City Inventory to include, but not limited to: • Overview of lease, including but not limited to all pertinent site information, tower type, height, tenants, tenant height, ground space square footage overall and by tenant. • Overview of the agreements and terms, including but not limited to agreement date, initial terms, rent, expiration, anniversary, renewals, increases, and termination. • Overview of amendments, renewals, consents, etc. • Lease revenue projections by year with expirations and renewals notated. • Pictures of tower and ground facility. • Documentation of existing exhibit/equipment information. • Any other pertinent information including physical space availability for additional collocators (information received from structural percentages of each site). CityScape will consult as needed, as follows: • Recommend and negotiate new lease agreements for tower and ground space for review and approval by City. • Coordinate with City Attorney on drafting new leases for new collocators on existing facilities and new towers on City property for City's review and approval of form and content. • Work with tenant providers on new content of lease agreements, reviewing lease exhibits and site plans. • Conduct technical, regulatory and lease review of tenant requests for proposed upgrades and modifications to determine if modification will require an increase in rent. • Prepare proposed draft lease amendments in concert with City Attorney documenting new antenna layout and applicable rental fees and term modifications for City review and approval of form and content. 318 • Work with City Attorney and City staff to finalize an agreed-upon amendment with tenant. • Quarterly verification of lease revenue collections by City and tenant terms; provide report and any proposed reconciliation of rent, if applicable, and work with City staff and tenant to confirm and/or rectify any found discrepancies. • Set up a regular quarterly conference call with City administration staff to discuss all City wireless projects and pending activity as needed. • Work with Parks and Rec department for any issues relating to the wireless facilities. • Manage and collect leasing revenue including collection of rent (optional). City to provide Cityscape: • City will forward copies of all wireless payments to Cityscape for rent verification. • Copies of all lease agreements, amendments, renewals and/or any pertinent documentation related to the wireless facilities on City property. Comprehensive Leasing Rate Schedule: For the remainder of fiscal year 2023, CityScape will consult with the City for all items listed above in order of priority determined by the City and CityScape. The set-up fee and rates for all work for the remainder of the City's fiscal year will be at a fixed fee of $48,000 to be billed monthly. Beginning in fiscal year 2024, CityScape's fee will be twenty-five percent (25%) of all wireless revenue to be paid quarterly. Management fees are only due and payable when and to the extent the rent is collected by City. Reconciliation reports and invoices will be sent to the City quarterly or a mutually agreed upon schedule. Contract term initial five year with two additional five-year renewals. I" , N777777 M VVork idrr ^r Ro,,,rrihri Boach N,U/y ���21, � h02';3 319 III' IIII T 10 14 A SVIII Ft V I f ""' The following are additional wireless consulting services available to the City for future long-term wireless planning. Project fees and proposals are available upon request. �mi i r ("i�,11111e s hI III" a�� � a,�c' L�i r e Inventory The Wireless Infrastructure Inventory is a physical assessment of all existing wireless facility locations throughout the City. All collected information is used to analyze existing wireless deployment patterns, the types of existing infrastructure and network functionality. This establishes the foundation for all future wireless communication activity including new tower reviews, site management leasing and a wireless master plan. Infrastructure Inventory Process: • Extensively research data prior to fieldwork for assessments of existing wireless facilities. • Compile all documentation and gather relevant information prior to scheduling the wireless facility assessments. • Create an initial GIS database from all gathered known and potential wireless facility sites. • Create the online collecting GIS feature. • Visit and assess all wireless antenna, towers, and base stations throughout the City and within a one -mile perimeter outside its boundaries. • All pertinent facility information will be gathered including but not limited to the following: o Location of facility o Service providers on the tower or base station o Antenna type, height o Facility ownership o Type of facility o Any notable information o Pictures and site map of facility for inventory catalog • Review all data and inventory information recorded in the assessment process, cross reference, sort and reconcile all information collected. • Prepare and draft an inventory catalog of all existing wireless facilities. All existing and proposed facilities will be depicted in a digital inventory catalog format, an Excel listing, and GIS shapefile. City to Provide: • City GIS information (if available). • All wireless telecommunication permit information. CityScape Deliverables • GIS layer of all wireless facilities including geo data of all site information. • Infrastructure Inventory Catalog. • Map of all wireless facilities. [141 qqw,, M VVork idrr ^r Ro,,,rrihri Boach N,U/y ���21, � h02';3 320 �� iii e III e s si M a iur III a iii Infrastructure Inventory Mapping Once all inventory has been assembled and cataloged, inventory maps will be generated as follows: Inventory Maps • Infrastructure by Facility Type (tower or base station). • Infrastructure by Antenna Type (macro, small wireless, public safety, broadcast or other). • Infrastructure by PWSFs (macro, small wireless). • Infrastructure by Location (private property, public property, utility easement or right-of-way). • Infrastructure by Design Type (non -concealed, semi -concealed or concealed). Engineering Analysis and Mapping Once all inventory maps are finalized, analysis will begin and propagation maps will be generated as follows: Propagation Maps • Simulated mid -band frequency propagation prediction map showing estimated wireless coverages from all existing personal wireless service facilities (PWSF) in the City and within the one -mile buffer. • Individual service provider maps (3-4 pending providers found in the field). • Map showcasing population density with existing PWSF inventory overlay. • Map of existing PWSF on land use map or zoning map (if applicable). • Projection map representing gaps in wireless services with the predicted number of sites needed over the next ten -years. *Maps are subject to change based on data discovered in the field and the specificities and needs of the City. One initial and one final round of mapping is included; additional maps will be at the per diem rate. Master Plan Document All mapping and deployment analysis will be collated into a draft wireless master plan document for review by the City. After edits or changes by the City, maps will be finalized, and a final document prepared for Commission adoption. Bi -weekly, tri -weekly, or monthly virtual meetings are included. Cityscape Deliverables • All mapping detailed above. • Document detailing a wireless overview, analysis of each map and a ten-year prediction of number of sites. It is recommended to include two public meetings. One meeting will be to present the infrastructure maps, analysis of propagation prediction maps showcasing the existing wireless condition, illustrate the gaps throughout the City and introduce the survey. The second meeting to present survey results and introduce the draft Wireless Master Plan. City staff will schedule any public meetings required with necessary planning and community groups, public notification and arrangements for meeting dates, and times and locations in conjunction with the CityScape calendar. City will be responsible for public notification, location, meeting arrangements, and recording of sessions if applicable. �" , N777777 M VVork idrr ^r Ro,,,rrihri Boach N,U/y ���21, � h02';3 321 • Z on Iii n g ir d Iii iun a I1 e v i Comprehensive Regulatory Review, Recommendation and Text Amendments Updating the City's Code is necessary for compliance with Federal and State regulations, ensuring historic preservation, aesthetic design goals and any other concerns of the City. Cityscape will complete a comprehensive review of the City's personal wireless service facilities regulations and process, with particular attention to: • Compliance with mandated State and Federal regulations. • Strengths and weaknesses of the existing zoning regulations. • Strategies to control and prioritize the location and height of new facilities. • Strategies to protect the aesthetics in local and National Register historic districts. • Reduce the visual impact of new facilities. • Explore solutions for concealed facilities and design guidelines. • Effectiveness of the intent of the zoning regulations and process. Review and text amendment process as follows: • CityScape will provide an initial redline version within document comments for discussion with City Attorney and City staff. • CityScape will review City's redline and comments and provide a modified draft version to distribute to wireless industry contacts (if desired). Working with the wireless industry allows the City to address all industry concerns which streamlines the adoption process. If necessary, CityScape will arrange a virtual conference with the industry to discuss and address any potential conflicts the industry may have with the draft regulations. • CityScape along with the City Attorney and City staff will review all wireless industry comments and prepare a final draft to be presented for public review and comment. • iur ks h c) pi An d IIII��) u b I ui c I e et ui iiia Public meetings are an important aspect for the City in engaging the citizens and maintaining transparency. CityScape will present at City facilitated public meetings either in person or via Zoom (or other video conferencing platform) and may be used as an informational workshop, presentation or for adoption of the Wireless Master Plan or Zoning Ordinance. CityScape can work with the City to tailor and provide workshops for the City as needed. 1" , N777777 M VVork idrr ^r Ro,,,rrihri Boach N,U/y ���21, � h02';3 322 e T t i iii iu III I wr 4 iii 1p1pilicatimn III Vii CityScape shall perform independent technical reviews of individual wireless communications facility site application requests on behalf of the City and render a technical opinion to the City concerning such application. Each review will apply the parameters of the City's wireless ordinance and shall require the applicant to reimburse City for the expense of the review. Fees for Review of Wireless Applications Task Description Timeline Fee ion Review Third party review of wireless communication facility applications for Up to *No cost to City new and modification of existing facilities. 3 weeks -Applicant Paid *All fees are paid for by the Applicant through the City's application and review process and therefore there is never any out of pocket expense to the City. ':I ., ��" j (: ""' :,! .:�m �. ��� i . m,... s .� �.� .� �.� �� i .� ." ^t .��m rt„Y ':�m ^ i c a�� s .,r ”: ° a b ^e .� ��" :m �r�m :111 . III ��x��.."d Ill�o.11l�...t ��...�... Illui clll'.���IIL.� �oui u��y �"�dui��ou�u����lll �"������.y�.�����.�Ip�"...���..u�v��.� ���.��� ���.�v�.��i���lllll�."" ulll�'��� �m"..iii,����.,��m I",i777 77,71 MVVork idrr^rl Ro,,rrihri Boach Piar/R,�:102 323 Per Diem The following is a per diem rate schedule for additional services contracted on an hourly basis. Travel related expense for additional services to be billed at cost for hourly service project work. Effective January 1, 2023, through December 31, 2024 Regulatory Director $ 350.00 per hour Engineering $ 285.00 per hour Project Manager/Planning Manager $ 200.00 per hour Travel Time $ 75.00 per hour PER DIEM TERMS AND CONDITIONS 1. Travel and meals on a per diem basis will be invoiced at actual cost, plus 20 percent to account for general and administrative costs. 2. Hours expended for travel in support of any time and materials task orders are billable hours. 3. Hourly project work is invoiced monthly, or as agreed to upon request of services. 4. All invoices are due and payable 30 days from issuance. [141 qqw,, M VVork Ro,,rrihri Boach N,U/ 324 Purchasing Division Sole/Single Source Justification Form This form shall be completed and approved prior to all sole source purchases Sole Source Definition - Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity, service, or construction, or; b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or; c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Definition - A procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. Section A — Purchase Details Requestor, Department Division Deputy City Manager Point of Contact Gail Mootz Phone Number 561-742-6223 Vendor Company Name City Scape Consultants, Inc Address 7050 W Palmetto Park Rd #15, Boca Raton, FL 33433 Phone Number 561-541-3104 Point of Contact and Title Elizabeth Herington-Smith What other vendors were contacted? (List company name, contact, and phone number and explain why they were not suitable) None, there is no other company I have located that is exclusive to providing this service to local government and have a staff that consists of planners, attorneys, engineers and wireless professionals, all others work for both the provider and the government, Product or Service Product/Service Name Comprehensive Wireless Communication Consultants Manufacturer N/A Make/Model # N/A Price Itemized price quote Did you negotiate the terms or prices with the vendor? ❑r Yes ❑ No Why Is this price considered to be fair and reasonable? This vendor provides a service that is exclusive ONLY local government and have a staff that consists of planners, attorneys, engineers and wireless professionals. 325 Purchasing Division Sole/Sinale Source Justification Form Will this purchase obligate the City to a particular vendor in the future? (Either in terms of maintenance, services, or re -purchase for compatibility reasons) ❑ Yes ✓❑ No Section B — Justification This is a sole source because (choose any that apply): ❑ Sole provider of a licensed or patented good or service ❑r Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. ❑ Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) ❑ Single Source of factory -authorized warranty service ❑✓ Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best -value purchase for the City and is advantageous to the City. (Please provide information on current market prices, availability, etc.) What necessary features does this vendor provide which are not available from other vendors? Please be specific. This vendor provides a service that is exclusive ONLY local government and have a staff that consists of planners, attorneys, engineers and wireless professionals. Attach documentation to substantiate this sole source claim including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. Section C — Routing, Certification and Approval My department's recommendation for a sole source purchase is based upon an objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials, or firms been a deciding influence on my request to sole source this purchase when there are other known suppliers that exist. 1. Department Director Signature Date 2. Purchasing Manager/Finance Director Based on the information provided in Sections A and B and the attached supporting documents, I recommend ❑ / do not recommend ❑ this being certified as a sole source. Required ❑ / not required ❑ to be advertised for a period of 7 business days before award. Signature Date 326 cRyscape C O N S U t., T A N T S, 1 N Cl May 17, 2023 Kristeena Pinto, Purchasing Manager Financial Services City of Boynton Beach 100 E Ocean Ave Boynton Beach, FL 33435 Dear Ms. Pinto, This letter is in response to the City of Boynton Beach (City) request for a sole source letter from our company. Cityscape Consultants, Inc (Cityscape) provides comprehensive wireless telecommunication consulting services exclusively serving local government. Since CityScape's inception in 1997 we have never worked for the wireless industry, wireless service providers or tower builders/owners and have only served public sector. Our employees consist of engineers, planners and regulatory professionals making Cityscape a one-stop shop for local governments and all of their wireless telecommunications needs. We can confidently say there is not another company that can offer you the same comprehensive services as CityScape. Our diverse team is comprised of innovative, wireless communication professionals that are dedicated to providing solutions for communities across the country however one of our staff lives and works in the City and would be your point of contact to assist with any services offered. I'm available should there be any questions. We look forward to working with the City of Boynton Beach. Best regards, Anthony T. Lepore President CityScape Consultants, Inc. 2423 South Orange Avenue #317 Orlando, Florida 32806 Tel: 877.438.2851 Fax: 877.220.4593 327 6.M Consent Agenda 06/6/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/ 6/2023 Settlement in the case of Natalie Flake v. City of Boynton Beach. Requested Action by Commission: Approved negotiated settlement in the amount of $175,000.00 in the case of Natalie Flake v. City of Boynton Beach Explanation of Request: Plaintiff filed a lawsuit against the City of Boynton Beach for bodily injury which occurred during a high speed police pursuit. Mediation commenced on March 6, 2023 and was unsuccessful based on the document presented on March 3, 2023, two days prior to the mediation. How will this affect city programs or services? The City does not admit liability in this matter by accepting the settlement. Fiscal Impact: Budgeted. If the Commission approves the settlement, the City will need to process the $175,000.00 settlement payment and will then be reimbursed by the insurance carrier for the portion of settlement covered by the City's insurance in this matter. Alternative: Reject the settlement, which would result in the City being responsible for all costs greater than the amount of the proposed settlement from the date of mediation through the conclusion of the trial including defense costs, any possible judgement, plaintiffs attorney fees (if the plaintiff prevails) and possible appeals costs. The trial court has been advised of the proposed settlement so this case would be reset for trial should the settlement not be approved. 328 ALI Consent Agenda 06/6/2023 Legal Invoices April 2023. Requested Action by Commission: Information at the request of the City Commission. No action required. Explanation of Request: Outside counsel invoices received through Risk Management are also included. There are some invoices for the month of March, 2023 which were received after the publishing deadline of the last agenda item. Goren, Cherof, Doody & Ezrol, P.A. Legal D $ 64,369.80 Department Goren, Cherof, Doody & Ezrol, P.A. Risk M $ 5,872.50 Management Outside Counsel $ 90,577.63 TOTAL $160,819.93 How will this affect city programs or services? This item will not affect City programs or services. Fiscal Impact: This item is budgeted. Attachments: Goren Cherof Doody Ezrol April 2023 Invoices.pdf Goren Cherof Risk Litigation April 2023 Invoices.pdf Jones Foster April 2023.pdf Kopelowitz Ostrow - Sohn Arbitration March 2023.pdf Wydler Law - Smith vs Police Officers April 2023.pdf Johnson Anselmo - Smith vs Police Officers - Berben April 2023.pdf Olds & Stephens - Smith vs Police Officers - Herny April 2023.pdf Johnson Anselmo - Norwood - March 2023.pdf Johnson Anselmo - Morris - March 2023.pdf Johnson Anselmo - Estella - March 2023.pdf Johnson Anselmo - Philson - March 2023.pdf Johnson Anselmo - Bozzacco - March 2023.pdf Johnson Anselmo - Natalie Flake - March 2023.pdf Johnson Anselmo - Reibman March 2023.pdf 329 Johnson Anselmo - Ford March 2023.pdf Roberts Reynolds- Smith vs Police Officers- Sohn (March 2023).pdf Roberts Reynolds - Readon - March 2023.pdf Johnson Anselmo - Ultimate Bakery.pdf Lewis Longman JKM Litigation - April 2023.pdf Lewis Longman TS Development April 2023.pdf Lewis Longman E21- Litigation - April 2023.pdf Roberts Reynolds - Readon - April 2023.pdf Roberts Reynolds - Smith vs Police Officers - Sohn (April 2023).pdf Roberts Reynolds - Beecher vs Felix April 2023.pdf Roberts Reynolds - Geraci vs Zeller - April 2023.pdf 74927 - 000000043043 - BB v Morris C (Bill).pdf 74928 - 000000042070 - Thompson and Davis v BB (Bill).pdf 74929 - 000000043019 - Flake N v BB (Bill).pdf 74930 - 000000043022 - Bozzacco B v BB (Bill).pdf 74931 - 000000043028 - Philson T v BB (Bill).pdf 74932 - 000000043044 - Norwood M v BB (Bill).pdf 74933 - 000000043016 - Geico aso Fernandez v BB (Bill).pdf 330 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO -Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson Page: 1 05/01/2023 306-9905671 47466 adv. State of Florida (Pientka Holdings, et al) Unity of Title HOURS 04/11/2023 KLE Review CMC Order 0.20 04/20/2023 KLE Review OT 0.30 FOR CURRENT SERVICES RENDERED 0.50 112.50 RECAPITULATION TIMEKEEPER_ HOURS HOURLY RATE TOTAL Kerry L. Ezrol 0.50 $225.00 $112.50 TOTAL CURRENT WORK 112.50 BALANCE DUE $112.50 Me AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 331 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone {954} 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue( ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson Exchange of Real Property 04/14/2023 MDC confer with DJ Doody on status of transaction, preparation of City documents 0.40 HOURS 04/10/2023 DJD Review file 0.40 04/11/2023 SK Ordering updated title, phone call with Mark Lynn 0.70 04/16/2023 MDC DJD Telephone conference with Mark Lynn, Esq.; prepare for exchange 1.80 04/12/2023 SK Preparing closing documents 2.40 DJD Telephone conference with Mark Lynn, Esq; review assignment; prepare agreements to confirm replacement of existing ones. Deed and Affidavit; telephone call with Kathryn Rossmell; review Escrow SK Preparing documents for Mayor to sign, coordinating documents 2.80 Agreement 2.70 04/13/2023 MDC misc conferences with Donald Doody, review status of transaction; calls 5.40 04/18/2023 MDC review delivered executed documents, review correspondence on status of with Mayor re: closing 1.10 closing, and confer with Donald Doody SK Preparing closing documents 1.90 DJD Telephone conference with Mark Lynn; telephone call with Kathryn 1.80 DJD Process and facilitate closing; telephone call with Mark Lynn, Esq.; Rossmell; telephone call with Tom Baird and Joanne O'Connor; telephone telephone call with Stephen Grave de Peralta, Esq.; revisions to document 3.80 call with Mayor Penserga; draft documents; update title 4.80 04/14/2023 MDC confer with DJ Doody on status of transaction, preparation of City Page: 1 05/01/2023 306-9905673 47535 332 documents 0.40 SK Finalizing for closing 3.00 DJD Prepare for closing; address title related issues; telephone call with Jerry Morris of Fidelity 4.30 04/16/2023 MDC review correspondence on status of transaction, confer with DJ Doody 0.30 04/17/2023 MDC misc conferences with Donald Doody and review status of closing; call with Mark Lynn, misc calls with Lynn Swanson on logistics for signing transaction documents, update Mayor; review approved parking agreements to confirm replacement of existing ones. 2.10 SK Preparing documents for Mayor to sign, coordinating documents 2.80 DJD Telephone conference with Mark Lynn; telephone call with counsel for JKM; revise documents; prepare for closing 5.40 04/18/2023 MDC review delivered executed documents, review correspondence on status of closing, and confer with Donald Doody 0.70 SK Finalizing document exchange for transaction, sending courier, reviewing signed documents 1.80 DJD Process and facilitate closing; telephone call with Mark Lynn, Esq.; telephone call with Stephen Grave de Peralta, Esq.; revisions to document 3.80 04/19/2023 DJD Post closing follow-up 1.60 Page: 1 05/01/2023 306-9905673 47535 332 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Exchange of Real Property 04/20/2023 DJD Continuation of closing efforts 04/21/2023 DJD Address recordation of document 04/24/2023 MDC review recorded deeds, status of title insurance 04/25/2023 SK preparing invoice for title premium 04/28/2023 SK Preparing checks for title premium FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE D.J. Doody 26.90 $225.00 Michael D. Cirullo 4.80 225.00 Sabrina Kalil 13.00 125.00 Photocopies TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 1.50 0.60 0.20 0.20 0.20 44.70 TOTAL $6,052.50 1,080.00 1,625.00 Page: 2 05/01/2023 306-9905673 47535 8,757.50 $8,757.50 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson LABOR - General 04/10/2023 MDC review revised pre -determination package re: Stagnari 0.30 HOURS 04/03/2023 MDC review correspondence re: Rucker and Stagnari, meet with Christina PUMP and Pregnant Workers Fairness Act. 0.90 04/11/2023 CAV Verghase on pre -determination memorandum 0.40 CAV Meeting with MDC regarding Pre -Determination Conference Request; review materials, meet with Tennille DeCosta; prepare for and attend Michael Stagnari. Call with Lynn Swanson. Review Pre -Determination CAV Review email from Lynn Swanson regarding Separation Agreement with the Conference Report v2. Review email from Lynn Swanson attaching the Employment agreement. Review carefully the draft of the Ricky Optiz report. Draft letter to email to Lynn Swanson. Review and revise letter to Send email correspondence regarding approval of the terms of the Eric Rucker from Daniel Dugger regarding resignation. Send email correspondence to Tennille DeCoste re:resignation letter. Review Buxton case. 3.10 04/04/2023 MDC review ordinances and materials on staffing changes, misc calls with City Manager 0.40 CAV Research Post Buxton Florida state and federal cases re: name clearing hearing process. 1.50 04/05/2023 MDC review ordinance re: employee handbook, and additional comments 0.30 04/06/2023 CAV Review email correspondence from Tennille DeCoste. Send email correspondence to Tennille re: proposed revisions to Letter to Rucker. Review and analyze version 2 of Boynton's Letter to Eric Rucker accepting resignation. Review correspondence from Tennille re: my email. Review additional correspondence from Tennille re: my email. Review email from Belkis Abaroa regarding the Pre -Determination. 2.00 CAV Review Email from Belkis Abaroa regarding the Pre -Determination Conference Request. Review final Pre -Determination Conference Request. 0.80 CAV Prepare memoranda and review law related to the Pregnancy Fairness Act and PUMP. Review EEOC Guidance. Prepare Memorandum for clients. 0.40 04/10/2023 MDC review revised pre -determination package re: Stagnari 0.30 CAV Review, revise and finalize memo on the new employment laws regarding PUMP and Pregnant Workers Fairness Act. 0.90 04/11/2023 CAV Draft and finalize client legal alert memo regarding the PWCA (Pump Act) and PWFA re: pregnancy and nursing accommodation. 0.80 04/18/2023 MDC review materials, meet with Tennille DeCosta; prepare for and attend pre -determination hearing re: Stagnari 1.10 CAV Review email from Lynn Swanson regarding Separation Agreement with the Employment agreement. Review carefully the draft of the Ricky Optiz severance agreement and relevant terms of the Employment Agreement. Send email correspondence regarding approval of the terms of the Page: 1 05/01/2023 306-0603180 47566 334 CITY OF BOYNTON BEACH LABOR - General Page: 2 05/01/2023 ACCOUNT NO: 306-0603180 STATEMENT NO: 47566 Severance Agreement. Prepare for Stagnari Pre -Determination Conference; Review and Analyze Pre -Determination Conference Report. Attend Stagnari Pre -Determination Conference 04/19/2023 MDC misc review and follow up re: Stagnari 04/20/2023 CAV Revise and finalize Client Alert regarding Two Employment Laws Protecting Pregnant Employees and Nursing Mothers. Research and review PUMP Act provisions for pregnancy, relevant statutory provisions, and Florida's Breastfeeding statute 04/25/2023 CAV Sent email correspondence to Tennille DeCoste following up on call. Reviewed email correspondence regarding availability from Tennille DeCoste. Participated in email exchange regarding availability. 04/26/2023 CAV Telephone call with Tennille DeCoste regarding FMLA leave issue with employee; record request inquiry. Review email correspondence and conduct research regarding whether an employee on FMLA leave would receive pay, even though they did not have the City training or assignments during the leave Prepare email response. 04/28/2023 CAV Review Kristen Biazar's email correspondence regarding the records request information. Review of record request laws. Send email correspondence to Kristen Biazar'confirming receipt of her email. Call with Kristen Biazar regarding the legal answer to her inquiry. FOR CURRENT SERVICES RENDERED TIMEKEEPER Michael D. Cirullo Christina A. Varghese Color photocopies Photocopies TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 2.70 $225.00 14.70 225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 1.00 0.20 0.50 0.30 1.30 2.10 17.40 3,915.00 TOTAL $607.50 3,307.50 3,915.00 $3,915.00 335 GOREN.CHEROF,DOOOY&EZROLP.A' Attorneys at Law 3O98East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (854)771-45OO CITY OF BOYNTON BEACH 1O0EOcean Avenue ACCOUNT NO: Boynton Beach FL 33436 STATEMENT NO: Attn: Lynn Swanson /L �~ R�L�hCamon� L/ ��11anK 04/03/2023 PE Updated tracking log, updated PBHcalendar. Processed returned notices 110 04/06/2023 PE Sort and organized subpoenas for 6K13/2023.Communicated with PD regarding returned mail. 4.20 04/07/2023 pBH RewiewedN{]|o 1.00 PE Prepared 24notices for P8Happroval. Sent prose notices boprinter for mailing. 6.00 04/10/2023 PE E-fi|adnotices for G/13/2U23hearing. 3.00 04/11/2023 PE Communicated with PDregarding returned mail. Made corrections ho notices. Converted toPDF/Aand a-fi|od. 5.00 04/14/2023 PE Sort organized and prepared notices for PBHapproval. 4.00 04/18/2023 PE Made corrections onnotices. Converted toPDF0Aand e-fi\ed. 4.50 04/20C2023 PBH Reviewed and revised NO|o. 1.00 PE Sort organized and prepared 1Qnotices for 6/13/2O23hearing for PBH approval. 4.00 04/21/2023 PE Made corrections and changed date onnotices. 7.00 04/24/2023 PE Updated tracking log updated PBHcalendar. 2.00 04/26/2023 PE Prepared notices for G/13/2O23hearing 2.00 04/27/2023 PE Prepared notices for PBHapproval. 4.00 04/28/2023 PE Changed date onnotices and converted toPO0A. 2.00 FOR CURRENT SERVICES RENDERED 50.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Paul Hernandez 2.00 $250.00 $500.00 Patricia Eugene 48.80 125.00 6.100.00 Page1 0501/2O23 306-0808020 47567 336 Page: 2 CITY OF BOYNTON BEACH 05/01/2023 ACCOUNT NO: 306-0806020 STATEMENT NO: 47567 Red Light Cameras Photocopies 6.30 TOTAL EXPENSES THRU 04/30/2023 6.30 TOTAL CURRENT WORK 6,606.30 BALANCE DUE $6,606.30 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 337 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson General Matters AOL 04/04/2023 MDC review materials, misc calls on agenda matters, review amended agenda; HOURS 04/03/2023 MDC review agenda, attend staff conference/agenda review, follow up on public 1.50 QEM records requests; review 2023 school security agreement 1.70 QEM Review of impact -fee correspondence and follow-up with staff re: statute; discuss matter with Mr. Cirullo. 1.40 QEM Begin preparation of Samsara Agreement Addendum. 0.70 QEM Review of fuel master agreement and begin preparation of Agreement 1.10 PBH Addendum. 0.70 PBH Reviewed Live Local Act documents submitted by MDC. 0.30 BJS Follow up with MDC re: Mignoli and follow up with Lynn Swanson re: Prior 1.00 BJS Trespass actions, review files and documents, review past correspondence and research and follow up with Lynn Swanson, and legal research 3.00 BJS Meeting with MDC re: Mignoi and follow up 0.60 04/04/2023 MDC review materials, misc calls on agenda matters, review amended agenda; call with PBSC attorney on MOU; review materials, review Live Local Act; 1.50 QEM prepare for and attend City Commission meeting 6.90 QEM Finalize Fuel Master Agreement; preparation of transmittal to staff forwarding agreement. 1.00 QEM Finalize preparation of Samsara Agreement; preparation of transmittal to staff re: matter. 1.10 PBH Reviewed Live Local. Act regarding Development Rights and preemption on Governing board ability to vote on certain projects. Continued drafting live local act memorandum. 1.00 BJS Research and review of the Live Local Act and follow up with MDC and PH, follow up re: Mignoli 1.30 04/05/2023 MDC misc follow up from Commission meeting, call with PD on contract matters; Page: 1 05/01/2023 306-9001821 47568 338 review legislative matters per Commission; review DMV traffic and parking issues, call with John Hearn 1.50 QEM Review and respond to inquiry from staff re: Samsara Agreement. 0.30 PBH Reviewed possible smoke shop regulations. Provided MDC with requested information regarding smoke shop regulation. Met with MDC to discuss pending legislative matters and Live Local Act memorandum. Continued drafting Live Local Act memorandum. 1.50 SMS Review related to Piggybacking Agreement with CityScape; Review of II -As, property appraiser, and related documents for maintenance responsibilities in quantum park. 2.60 QEM Review of notes and follow-up with Mr. Cline and staff re: tow contract and ordinance. 0.50 Page: 1 05/01/2023 306-9001821 47568 338 Page: 2 CITY OF BOYNTON BEACH 05/01/2023 ACCOUNT NO: 306-9001821 STATEMENT NO: 47568 General Matters HOURS 04/06/2023 MDC review agenda items for April 18 meeting, review agenda materials for 4-18-23 meeting 0.60 QEM Review of notes and follow-up with staff re: JCI Agreement. 0.80 SMS Correspondence on Agreement with school board for facility use. 0.20 PBH Discussed Permitless Carry Bill memorandum with JFK. Reviewed newly enacted Permitless Carry law. 0.30 04/07/2023 MDC review meeting policy handbook, provide comments; review agenda items for 4-18-23 meeting 4.20 SMS Review of agenda items for City Commission meeting. 1.70 QEM Review and evaluation of follow-up from impact fee consultant. 0.40 QEM Review and evaluation of passport publications and media agreement. 0.80 BJS Review correspondence and police reports and incident documentation re: Mignoli, legal research and review of the City Code 1.60 PBH Conducted further research on permit less carry law. Began drafting permit less carry memorandum. 0.30 04/10/2023 MDC review emails on easement/utility matters, review draft of impact fee ordinance; meet with Brian Sherman on trespass matters 0.80 SMS Review related to out of state LLC for water service. 0.70 QEM Review of multiple email correspondence re: Impact Fee project. 0.30 04/11/2023 QEM Review of additional correspondence from staff re: JCI Agreement. 0.80 MDC review public records matter from Attorney General (Capital Postconviction Public Records Request 3.852); review emails on pending matters; misc 2.50 HN calls with Lynn Swanson on agenda items for 4-18-23; review published 0.30 QEM agenda 1.00 HN Discussion with BJS re: municipal prosecution involving a trespass in the 1.10 SMS park. 0.20 QEM Review of multiple email correspondence from staff and impact fee 0.30 QEM consultant. 0.30 SMS Review Facility Use Agreement; Correspondence and review related to Hampshire Gardens Easement Agreement and related Insurance; 1.80 QEM Correspondence related to Live Local Act. 2.80 BJS Draft update to MDC re: Mignoli with review of the file re: Ordinance, 1.80 SMS Trespass, prior trespass matters, and correspondences, review Municipal 0.50 Ordinance Violation and follow up with MDC, draft follow up correspondence to Kacy Young re: Park Signage and status of review 1.20 04/12/2023 MDC review correspondence on Live Local Act, impact fee study; follow up on pending contract and procurement matters; misc calls; meet with City Manager 2.50 HN Discussion with Adam Levine re: municipal prosecutions. 0.30 QEM Review and respond to staff re: Samsara Agreement comments from vendor. 1.10 SMS Correspondence and revisions to Hampshire Gardens Easement Agreement. 0.30 QEM Review and respond to Ms. Swanson re: inquiry re: NAPA Agreement. 0.30 04/13/2023 MDC review agenda materials, misc calls on pending items, call re: zoning matters; call with Kathryn Matos re: advisory boards 1.80 QEM Preparation for and meeting with staff re: Towing matters; review of materials provided by Ms. Pinto re: current towing agreement. 1.80 SMS Review of SB 102 0.50 339 Page: 3 CITY OF BOYNTON BEACH 05/01/2023 ACCOUNT NO: 306-9001821 STATEMENT NO: 47568 General Matters HOURS QEM Review of updated information and review of law re: BDB Profile Magazine 2023; respond to Ms. Swanson re: matter. 0.80 PBH Drafted summary memorandum on SB 102/Live Local Act. 0.80 04/14/2023 QEM Review and discuss with Mr. Cirullo comments to Impact Fee Ordinance. 0.60 PBH Further revised draft Live Local Act memorandum. 0.50 04/17/2023 MDC attend staff conference meeting, review tinting materials re: pending 0.50 QEM commission items; review and comment on Live Local Act memo, meet 0.80 MDC with Paul Hernandez 1.30 QEM Review and evaluation of staff comments re: JCI Agreement. 1.00 QEM Review and discuss smoke shop regulations with Mr. Cirullo. 0.50 QEM Review of finalized Samsara Agreement received from staff. 0.60 QEM Review and evaluation of documents provided by staff re: RFP for GIS 0.50 services; respond to staff re: matter. 1.70 PBH Conducted legal research on permissible smoke shop regulations. Continued drafting memorandum on "Permit -less Carry" bill. 1.50 BJS Review correspondence and follow up re: Trespass Warning Authorization with review of City code 0.60 04/18/2023 MDC review trespass matters; meet with Lynn Swanson on pending matters; review Granicus matters; prepare for and attend Commission meeting 5.90 QEM Review of detailed agenda for Impact Fee updates. 0.60 04/19/2023 MDC follow up from 4-18-23 commission meeting, review fortune telling regulation matters the City's The Facebook policy issues; call with staff on zoning matters; conference on impact fees 1.40 SMS - Review of Deed and related docs for Miner road dedication to the County. 0.50 QEM Review of draft ordinance; zoom meeting with staff and consultant re: Impact Fee project. 2.40 04/20/2023 QEM Review of issue documented by staff re: amphitheater lawn maintenance. 0.50 QEM Review of updates from Impact Fee consultant following meeting with staff. 0.80 MDC misc calls with Lynn Swanson, review agenda items for 5-2-23 meeting 0.90 SMS Draft Agreement addendum for Caridad; Correspondence related to Loggerhead Marine Center Agreement; Review related to Crowder Park Agreement. 1.70 PBH Revised Live Local Act Memorandum 0.50 04/21/2023 MDC misc emails and review agenda items 0.80 SMS Review and correspondence related to School Board Project and Hold Harmless Language; Correspondence and review related to advisory boards. 1.40 PBH Continued draft for Permit -less carry Firearms bill. 0.50 04/24/2023 MDC review emails on hold harmless/easement matters for utilities; review agenda items for 5-2-23 meeting; misc follow up on pending items with Lynn Swanson; review public records matters; review correspondence on reasonable accomodations; review memo on affordable housing bill; review issue with publishing photos of city events 1.10 QEM Review of correspondence and telephone conference with staff re: amphitheater issues. 0.70 PBH Revised Live Local Act memorandum pursuant to conversation with MDC. Edited Permit -less Carry Act memorandum. 0.60 340 CITY OF BOYNTON BEACH General Matters Page: 4 05/01/2023 ACCOUNT NO: 306-9001821 STATEMENT NO: 47568 HOURS SMS Correspondence, research, related to advisory boards; Correspondence related to Live Local. 0.60 BJS Review request re: Willie Faust and follow up re: Home Address/Cease and Desist 0.30 04/25/2023 MDC review draft of Live Local memo, update Adam Temple; review pending items with Lynn Swanson; call on social media policy 1.00 SMS Prepare for, and attend P & D Board Meeting; Review related to Harvey QEM Oyer Park Agreement. 3.20 QEM Review of multiple correspondence re: Sunshine Law presentation status. 0.60 PBH Revised draft Live Local Act memorandum. Finalized draft Permit -less SMS Carry memorandum. Discussed both memorandum status and revisions with SSG and MDC. 0.80 04/26/2023 SMS Review of Agreement for Crowder Dog Park; Correspondence on Harvey Oyer Park Agreement. 1.40 MDC review emails on pending matters, respond to inquiries re: agends items 0.60 QEM Begin review of Cybercheck End User Agreement. 0.60 PBH Edited draft version of permit -less carry bill. 0.30 04/27/2023 MDC review emails on pending legislation, review agenda for 5-2-23 meeting; call 0.50 QEM with Quentin Morgan re: impact fee study; review dog park agreement matters; review utility marketing agreement; review draft memo on open 1.30 SMS carry law; meet with Lynn Swanson on pending matters, review budget workshop schedule; meet with PD on property issues 2.70 QEM Review update from staff re: Amphitheater lawn issue. 0.70 QEM Continue review of Cybercheck End User Agreement; preparation of 2.90 QEM Addendum for Agreement. 0.80 QEM Edit draft impact fee ordinance and forward same to staff for review; 1.70 PBH follow-up with staff re: scheduling questions for impact fees. 2.10 SMS Draft Crowder Dog Park Agreement; Review on Parks and Recreation 0.50 BJS timeline. 2.40 PBH Completed Permit -less carry and Live Local Act memorandums. 0.50 04/28/2023 MDC review proposed amendments to advisory board ordinance, review 21, 033.50 341 procurement issues 0.50 QEM Review and evaluation of documents for BID - Existing 36" Raw Water; respond to staff re: matter. 1.30 SMS Review related to WXEL Landscape Easement; Discussion on recreation results agreement and addendum; Review Recreation Results Amendment; Call to discuss Crowder Dog Park and related revisions; Draft Harvey Oyer Park Agreement; Correspondence related to CRA plan. 2.90 QEM Review of staff updates re: Park Impact Fees; follow-up with staff re: notices; review and I respond to multiple staff questions re: matter. 1.70 PBH Reviewed HB 37 Full Financial Disclosure Bill. Began drafting Financial Disclosure Bill memorandum. 0.50 BJS Telephone call with Monqiue Lewis re: Willie Faust re: IT solutions and phone calls 0.60 FOR CURRENT SERVICES RENDERED I 110.00 Color photocopies Photocopies 21, 033.50 341 Page: 5 CITY OF BOYNTON BEACH 05/01/2023 ACCOUNT NO: 306-9001821 STATEMENT NO: 47568 General Matters TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 21, 033.50 $21,033.50 342 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson Litigation Miscellaneous HOURS 04/06/2023 AGL Patrick Lenordo Jackson/property damage resultant from DUI accident: Email correspondences to the State Attorney requesting property damage information; Email correspondences to the City regarding the information kept online in the Court docket and the new information provided by the State Attorney; Review online court docket and probable cause affidavit; Review of State Attorney file documents 3.90 AGL As requested by City Risk Management staff, researched and drafted detailed memorandum containing salient issues contained in new Florida tort reform law 3.60 04/11/2023 AGL Brief review of Arrest affidavit and notice of hearing for municipal ordinance violation for Charles James Oliver; 50 -2023 -MO -000685 0.20 04/12/2023 AGL Review FLorida Criminal Procedure regarding process necessary to prosecute municipal ordinances. 0.50 AGL Regarding the Charles Oliver Municipal Prosecution; Research concerning proper procedures to be used for municipal prosecution matters; Review procedures and forms; review of FLorida Rules of Criminal Procedure 2.00 SHB Correspondence with AGL re: municipal prosecution procedures. 0.20 04/13/2023 SHB Additional discussion with AGL re: municipal prosecution procedures. 0.20 04/17/2023 AGL Receipt and review of additional corresondence regarding additional newly filed complaints; Mary Larson, Martin Chapman, Scott Dauss, Devon Schulte, Denes Paszti, Darlton Morris, Jeffery Randolph Simale, Margarita Matrodeomenico, Estate of Matthew Murphy and Batycki Wojciech 306.9904950 0.60 AGL Receipt and review of Notice of Intent to Sue and police incident report concerning E'Shanti Joseph; review PSC docket for lawsuit and criminal case history; brief search to determine if there are any pending federal lawsuits; Preparation of correspondence to Richard Ignoffo regarding current status and recommendation 0.80 AGL Receipt and review of correspondence from Clty regarding newly filed complaints; review of attachments including noticed, first report of claim, complaints and City rejections of claim for four cases (claim # and file # not yet established) Mary Larson DOI 2/21/2021 Matthew Murphy Jr DOI 12/25/2020 Wojciech Batycki DOI 11/12/2020 Martin Chapman DOI 07/26/2020 1.20 Page: 1 05/01/2023 306-9904950 47569 343 Page: 2 CITY OF BOYNTON BEACH 05/01/2023 ACCOUNT NO: 306-9904950 STATEMENT NO: 47569 Litigation Miscellaneous 04/19/2023 MDC meet with Adam Levine on status of new claims 04/27/2023 MDC review status of pending cases, confer with Adam Levine FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Michael D. Cirullo 0.80 $225.00 Shana H. Bridgeman 0.40 225.00 Adam G. Levine 12.80 225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.30 0.50 14.00 TOTAL $180.00 90.00 2,880.00 3,150.00 $3,150.00 344 GOREN.CHEROF,DOOOY&EZROLP�. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (g54)771 -450O CITY OFBOYNTDNBEACH 1OOE.Ocean Avenue Boynton Beach FIL 33435 Attn: Lynn Swanson Town Square Development ACCOUNTNO STATEMENT NO HOURS 04/04/2023 K8OC review correspondence and related materials re: FDOTlicense for temporary access hodoroad work; review emai|oonassignment matters; follow upwith Kathryn RomannaUonstatus oftransaction 040 04/06/202 MDC reviewemaUs and related documents Vnstatus ofTown Square items (FDOT license add assignment matters). 0.60 04/10/2023 MDC review emaUoonstatus oftransaction, call with Kathryn R000me|; conference with Mark Lynn and Kathryn Rossmell 0.80 04/1112023 K8OC review correspondence re: assignment, caUwithKothrynRoaomaU.nsvkam documents regarding implementation of filings and recordings upon closing of Tkime Equity purchase transaction 0.70 04/12/2023 MDC review development documents for items relating foclosing, release of approved documents; call with Kathryn Rosnmel|;rnisocalls and meetings with City officials 1.50 04/13/2023 MDC misc calls re: effectiveness of Development Agreement and associated easements and agreements 0.70 04/17/2023 K8OC review status ofclosing re: development agreement and parking documents confer with Donald Doody onrecording ofapproved documents upon release from escrow 8.70 04/18/2023 MDC review escrowed documents and organize for recording, confer with Don�|d U Doody onrecording processes; oaw�hKathryn RVssme|| ' 0.90 04/19/2023 YWQC review status ofTime Equity closing, coordinate recording and delivery of documents when authorized todoso; correspond with Mark Lynn 1.48 KL Meet with Michael Cirullo regarding the recordation of the five documents (Development Agreement and accompanying documents) wherein | advised that we may not be able to electronically file; telephone call with Gimp|ifi|ewherein they advised that Palm Beach may reject itanitistoo large; telephone call toPalm Beach Recording wherein they advised the maximum number ia15Upages; advise Michael Ciru||othat vvawill have to physically paper record. 0.50 04X20/2023 N1QC review emai|sre: closings and escrowed documents, coordinate recording and distribution ofdocuments, misccalls with Time Equity counsel 1.00 KL Telephone calls toPalm Beach Recording regarding fees and walk-in Page: 1 0501/2O23 306-98O528 47571 345 Page: 2 CITY OF BOYNTON BEACH 05/01/2023 ACCOUNT NO: 306-9905263 STATEMENT NO: 47571 Town Square Development :16111m TOTAL CURRENT WORK 3,082.50 BALANCE DUE $3,082.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 346 procedure at Delray Beach Courthouse; review the documents for amount of legal descriptions and names and add up costs; prepare e-mail to attorney DJ Doody and Michael Cirullo. 0.70 04/24/2023 MDC review correspondence from Time Equity counsel; call with Kathryn Rossmell; meet with clerk's office re: recording of documents, misc emails and follow up on signature and logistics for completing recording 2.50 04/25/2023 MDC continue reviewing issues with recording documents, prepare and send update to City Commission 0.50 04/27/2023 MDC call with Mark Lynn office re: signature pages for recorded agreements, continue to coordinate recording of documents 0.50 04/28/2023 MDC review updated materials from Time Equity counsel and related recording issues 0.40 04/30/2023 MDC review emails and update Kathryn Rossmell on status of recording. 0.30 FOR CURRENT SERVICES RENDERED 14.10 3,082.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 12.90 $225.00 $2,902.50 Kimberly Longo 1.20 150.00 180.00 TOTAL CURRENT WORK 3,082.50 BALANCE DUE $3,082.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 346 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905433 Boynton Beach FL 33435 STATEMENT NO: 47573 Attn: Lynn Swanson v. Ho, Benjamin and Karen (Code/Foreclosure) HOURS 04/25/2023 CLD Drafted memo to City enclosing 4th DCA Opinion. 0.30 FOR CURRENT.SERVICES RENDERED 0.30 37.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Cynthia L. Dunn 0.30 $125.00 $37.50 TOTAL CURRENT WORK BALANCE DUE --,hljc AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 37.50 $37.50 347 GOREN.CHER(}FDO[DY&EZROL.P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (054)771-45O0 CITY OF8OYNTONBEACH 100 E. Ocean Avenue Boynton Beach FL 33435STATEMENT NO: ACCOUNT NO: Attn: Lynn Swanson MO adv. Priority Towing HOURS 04/03/2023 AGL Finalization Dfproposed joint pretrial stipulation 1.80 ABL Prepare correspondence tnopposing counsel regarding proposed joint pretrial stipulation 0.20 AGL Receipt and review ofreply correspondence from Opposing counsel requesting that insaendproposed stipulation 0.10, AGL Draft correspondence toOpposing counsel attaching proposed stipulation 0.10 04/11/2023 AGL Receipt and review VfPlaintiffs additions blthe proposed joint pretrial stipulation; preparation and incorporation of plaintiffs information into proposed joint pretrial stipulation; finalization ofproposed stipulation; telephone conference with plaintiffs attorney regarding the content ofthe joint pretrial stipulation, available trial dates and plaintiffs offer to resolve this matter; 2.60 AG[ Draft correspondence tVthe city regarding upcoming tria|. Plaintiffs settlement offer 0.40 04/12/2023 C)EKA Review and discuss status nflitigation with Mr. Levine inlight nfpotential towing RFP in pipeline. 1.50 04/13/2023 AGL Telephone conference call with Quentin Morgan, Dan Cline, Kris Pinto and Richard|Qnofho regarding towing contract issue; hdlovvVptelephone conversation with Richard |0nofkoregarding Priority litigation 0.80 ABL Preparation ofMotion toContinue trial; preparation ofcorrespondence to Opposing counsel regarding agreement tomotion to continue; preparation ofedits and finalization nfmotion 0ncontinue based onopposing counsel's consent. 1.50 04/14/2023 AGL Telephone conference call with Richard Ignoffo regarding litigation strategy for Priority Towing litigation 0.20 04/18/2023 AGL Receipt and review of Original franchise agreement, City Commission Agenda Item renewing agreement until December 2O23and renewal letter; prepare correspondence hoGarry Glickman regarding and rejectinghia proposal toresolve case byinitiating orotating tow arrangement 0.40 Page: 1 D501/20B 308-9905456 47574 04/20/3823 AGL Appear and attend hearing onjoint motion for continuance; preparation and approval ofproposed order granting said motion; preparation of communication toCity regarding results ofhearing. 0.50 FOR CURRENT SERVICES RENDERED 9.90 3.227.50 348 Page: 2 CITY OF BOYNTON BEACH 05/01/2023 ACCOUNT NO: 306-9905456 STATEMENT NO: 47574 adv. Priority Towing TIMEKEEPER Quentin E. Morgan Adam G. Levine Color photocopies Photocopies TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.50 $225.00 8.40 225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE TOTAL $337.50 1,890.00 2,227.50 $2,227.50 349 GOREN.CHEROFOOOOY@ EZROL,P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333U8 Telephone (954)771-45UO CITY QFBOYNTONBEACH 05/01X2023 1OOE.Ocean Avenue ACCOUNT NO: 306-9905525 Boynton Beach FL 33435 STATEMENT NO: 47576 /tin: Lynn Swanson v. JKK8 BTS Cgpibs|. LLC (Declaratory Action) TOTAL CURRENT WORK 1.215.00 350 HOURS 04/11/2023 MDC review settlement agreement and review logistics for implementing settlement terms; call with Tom Baird; confer with OJDoody onescrow account 0.60 04/12/2023 K8OC review settlement agreement re: process for payment ofsettlement proceeds and release hocity and dismissal oflawsuit 0.80 04/14/2023 K8[}C review status ofJKyWclosing and payment ofsettlement proceeds, mioc ra|mbad oo||a 0.40 04/16/2023 K0[}C review draft notice ofdismissal and related order; provide comments Uo City's defense counsel, review correspondence boJKyWcounsel 0.40 04/17/2023 K80C confer with Donald Doody re: escrow settlement payment and terms of Settlement Agreement; call with JKK8counsel 0.70 04/18/2823 K8C`C review correspondence on implementing settlement agreement, confer with Donald Doody onprocess for escrow and release offunds; confirm obytuo ofsettlement actions 0.80 04/19/2023 &1C>C review status ofsettlement 0.30 04/20/2023 MDC misccalls with City's special counsel, [ev|ewe0ai|g [e: settlement and dismissal matters, review process for claims under Incentive Payment O.80 04/24/2023 W4[]C review correspondence onstatus Vfdismissal, coordinate delivery offunds bothe City 0.40 04/25/2023 MDC review status of dismissal and final order dismissing case; prepare and forward update boCity Commission 0.40 FOR CURRENT SERVICES RENDERED 540 1,215.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL, Michael D. Ciru||o 5.40 $225.00 $1.215.00 TOTAL CURRENT WORK 1.215.00 350 CITY OF BOYNTON BEACH 0501/2023 ACCOUNT NO: 306'9905535 STATEMENT NO: 47576 v. JKM BTS Capital, LLC (Declaratory Action) BALANCE DUE $1.215.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 351 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) C HOURS 04/04/2023 HN Edits to notice of demolition. Phone discussion with John Kuntzman. 0.50 04/06/2023 HN Review of emails with attachments from John Kuntzman. Email to John Kuntzman. Edits to notice of demolition. 0.50 04/11/2023 HN Email exchange with John Kuntzman. Phone discussion with Lynn Swanson. 0.20 04/12/2023 HN Email exchange with John Kuntzman. 0.20 HN Phone discussion with Kristin Bjornsen. 0.30 HN Email exchange with Kerry Ezrol re: Kristin Bjornsen's email. 0.10 04/13/2023 HN Email to John Kuntzman. 0.10 04/26/2023 HN Edits to demolition notice. 0.50 04/27/2023 HN Edits to demolition notice. Email exchange with MDC. Email to John Kuntzman with draft notice cc MDC and Lynn Swanson. 0.50 04/28/2023 HN Email exchange with John Kuntzman. Email exchange with MDC re: John's email. Review of demolition notice. 1.20 FOR CURRENT SERVICES RENDERED 4.10 RECAPITULATION TIMEKEEPER _HOURS HOURLY RATE TOTAL Heather Needelman 4.10 $225.00 $922.50 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/01/2023 306-9905567 47578 922.50 922.50 $922.50 352 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Opioid Litigation 04/04/2023 MDC Telephone conference call with City Administration on plan for using settlement proceeds FOR CURRENT SERVICES RENDERED ACCOUNT NO STATEMENT NO RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Michael D. Cirullo 0.30 $225.00 TOTAL CURRENT WORK BALANCE DUE A0( Page: 1 05/01/2023 306-9905587 47579 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 353 GOREN. DOODY '&—^ Lp�. Attorneys at Law 3OB8East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (B54)771 -45U0 CITY {}FBOYNTONBEACH 1OOE.Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson Wells Landing ARPAGrant Agreement 'WE 04/18/2023 SMS Correspondence and review related toNOP Lease atWells Landing. 0.30 04/19/2023 SK0G Call todiscuss NOP Lease and review ofrelated correspondence. 0.30 04/25/2023 SMS Review ofILA between CRA and City for NOP Space; Review Second Amendment toDevelopment Agreement; Review revisions toSecond Amendment. 1.10 04/28/2023 G&48 Correspondence and review Vfupdated Agreement. 0.30 04/27/2023 SMS Calls tndiscuss ILA language and Officer Presence. 0.70 FOR CURRENT SERVICES RENDERED 2.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL= Sean K8.Swartz 2.70 $225.00 $607.50 TOTAL CURRENT WORK BALANCE DUE /�'�� ^~ C / AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 U5/U1/2O23 306-9905804 47580 354 GOREN, CHEROF, DOODY&' ' L.P.A. Attorneys atLaw 3O&BEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (S54)771 -450O CITY OF8DYNTONBEACH 1O0E.Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson ACCOUNT NO: STATEMENT NO: xHenderson, Warren Marcel (RP[>) 04/10/2023 AGL Preparation Dfaffidavit iOsupport ofpetition for extension ofRPO; Prepare motion to extend RPO 04/11/2023 AGL Review ofsigned oetitioOforextensionofRPOinc|udingaUotbachment . Affidavit and the original Petition, prior police reports, domestic violence injunction documents, Fina| RPO, and the new pDreports and approval of same for filing; review ofOrder Setting Hearing onMotion boExtend 04/12/2023 AGIL Review order setting H i onmotion for extension ofRPO; Draft and Review joint stipulation for RPO; Draft and Review agreed order VnMotion to extend RPO 04/13/2023 AGL Receipt and review of correspondence from Detective Gorfido ns: service of order; brief review ofthe statute and vvesUavvtosee ifthere is any direct oase|aw; preparation nfreply correspondence to Detective and telephone conversation with detective regarding service 04/17/2023 AGL Prepare Notice offiling affidavit ofservice oforder setting heahngon motion for extension ofRPO; preparation ofcorrespondence toDetective Gorfido regarding same. 04/19/2023 AGL Begin preparation of trial quesdons, potential evidentiary issues, in preparation for upcoming trial onextension ofRPO; Telephone conference with Wanda Stroud about testifying at trial; Prepare email correspondence bnWanda Stroud regarding trial appearance. 04/20/2023 AGL Continued preparation for RPO extension trial; review of original RPO trial exhibits; review ofBVVCfootage 04/24/2023 AGL Preparation for today's trial onpetition for extension ofRisk protection order; telephone conference with detective Gorfido in preparation of today's trial AGL Travel to/from and attend final hearing onmotion bzextend risk protection order 04/25/2023 AGL Prepare correspondence boWarren Henderson's mother regarding entry of the RPO FOR CURRENT SERVICES RENDERED Page:1 O5/O1/2O23 308-8905623 47582 HOURS 2.00 0.50 0.90 0.70 1.80 4.00 3.50 4.20 3.40 0.20 ' 21.20 4.770.00 355 CITY OF BOYNTON BEACH v. Henderson, Warren Marcel (RPO) 04/25/2023 TIMEKEEPER Adam G. Levine ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE TOTAL 21.20 $225.00 $4,770.00 Color photocopies Photocopies Professional Services: Prestige Reporting Service Professional Services: TOTAL ADVANCES THRU 04/30/2023 TOTAL CURRENT WORK L:1_1111560o 91A Page: 2 05/01/2023 306-9905623 47582 125.00 125.00 4,895.00 $4,895.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 356 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv. Deutsche Bank (Michele Dimon a/k/a Michele Pravata) 04/21/2023 HN Email exchange with Shelley Maurice re: amount owed on lien. Review of lien amount owed from the city. FOR CURRENT SERVICES RENDERED TIMEKEEPER Heather Needelman TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 Alm Page: 1 05101/2023 306-9905630 47583 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 357 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905631 Boynton Beach FL 33435 STATEMENT NO: 47584 Attn: Lynn Swanson Indoor Training Facility (PPP) HOURS 04/03/2023 MDC conference with City staff re: agreement; review documentation, and preparation for 4-4-23 Commission meeting 0.70 SMS Zoom conference to discuss Presentation; Meeting and correspondence to discuss important legal items; Correspondence related to Bonds and related scenarios. 1.50 04/04/2023 MDC review Field 1 contract, confer with Sean Swartz 0.40 SMS Meeting to discuss Agreement and related provisions; Call with Mayor to discuss. 1.00 04/05/2023 SMS Correspondence related to Agreement and legal issues for discussion items. 0.40 04/06/2023 MDC review emails re: status of review of agreement with Athletic Angels 0.20 SMS Correspondence and meetings to discuss Agreement with Commissioners; Meeting with Commissioners Kelley and Cruz 2.90 04/07/2023 SMS Meeting with Mayor to discuss Agreement. 1.20 04/11/2023 MDC call with Sean Swartz re: preparation for special meeting for Athletic Angels 0.20 SMS Prepare for, and attend Special City Commission Meeting; Meetings with Commissioner and Vice Mayor to discuss Agreements; Review Public Records Request items. 1.30 04/20/2023 SMS Review, discussion, and correspondence on public records request items; Review of Agreements related to proforma information. 0.90 04/25/2023 SMS Calls and review related to Sports Facility Use Agreement with Angels. 0.90 04/28/2023 SMS Correspondence and review related to Performance Bond language. 0.40 FOR CURRENT SERVICES RENDERED 12.00 2,700.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 1.50 $225,00 $337.50 Sean M. Swartz 10.50 225.00 2,362.50 TOTAL CURRENT WORK 2,700.00 358 Page: 2 CITY OF BOYNTON BEACH 05/01/2023 ACCOUNT NO: 306-9905631 STATEMENT NO: 47584 Indoor Training Facility (PPP) BALANCE DUE $2,700.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 359 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. HSBC Bank (Telamore, Jacqueline) 04/03/2023 HN Review of Plaintiffs motion to waive mediation and status of case. 04/28/2023 HN Preparation for case management conference on Monday. FOR CURRENT SERVICES RENDERED TIMEKEEPER Heather Needelman TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.70 $225.00 A/j� HOURS 0.30 0.40 0.70 Page: 1 05/01/2023 306-9905646 47586 157.50 $157.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 360 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Sohn, Mark (Termination Grievance) ACCOUNT NO: STATEMENT NO: 04/03/2023 MDC review materials and emails re: status of arbitration hearing and misc preparation 04/12/2023 MDC review status of arbitration and update City Commission 04/27/2023 MDC review status of arbitration FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Michael D. Cirullo 1.00 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.40 0.30 0.30 1.00 TOTAL $225.00 Page: 1 05/01/2023 306-9905647 47587 225.00 225.00 $225.00 361 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. E21- Real Estate Solutions, LLC (Amended Complaint) ACCOUNT NO STATEMENT NO 04/03/2023 MDC correspond with Kathryn Rossmell re: hearing on motions to dismiss 04/04/2023 MDC conference call with Kathryn Rossmell re: hearing on Motions to Dismiss and direction from court 04/25/2023 MDC follow up with Kathryn Rossmell on status of orders for dismissal FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Michael D. Cirullo 0.90 $225.00 TOTAL CURRENT WORK BALANCE DUE A /)c Page: 1 05/01/2023 306-9905654 47588 HOURS 0.30 0.40 0.20 0.90 202.50 TOTAL $202.50 202.50 $202.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 362 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Torocsik, Peter (Public Records/Civil Rights Action) ACCOUNT NO STATEMENT NO Ri1JIL' 04/12/2023 QEM Review of status of matter; follow-up with staff re: process to move forward. 1.10 MDC review status of settlement, requirement to vacate City property; confer with Quentin Morgan 0.20 04/13/2023 QEM Review and follow-up with staff re: current situation at Links and Ocean Walk and discuss moving forward with concessionaire. 1.40 04/17/2023 QEM Review of email correspondence from staff re: matter. 0.30 04/18/2023 QEM Review of file and meeting with Mr. Hochman re: matter and potential closeout issues. 0.50 MDC conference with Jeff Hochman and City Manager on status of compliance with settlement agreement 0.30 FOR CURRENT SERVICES RENDERED 3.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 0.50 $225.00 $112.50 Quentin E. Morgan 3.30 225.00 742.50 TOTAL CURRENT WORK BALANCE DUE /W)L AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/01/2023 306-9905656 47590 VJJ. V V 855.00 $855.00 363 GOREN.CHEROF.DOOOY&EZROL.P.A. Attorneys at Law 3O80East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (054)771-45OO CITY OFBOYNTDNBEACH 1OOE.Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. 300 Property Owners Association (Robert E7OrDiOge[Foreclosure) ' 04/14/2023 HN Review ofstatus ofcase and review oforder implementing civil differentiated case management plan. FOR CURRENT SERVICES RENDERED TIMEKEEPER Hemth*rNoade|man TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.30 1 $225.00 /� , ,"/J( AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 O5/O1{2O23 306-9905658 47581 HOURS 0.30 0.30 67.50 TOTAL. $67.50 67.50 $67.50 GOREN.CHEROFDOODY&EZROL.P.A. Attorneys at Law 3OS8East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (954)771-450O CITY OFBDYNT3NBEACH 1OOE.Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. State of Florida (Irache Partners, LLC) 04/24/2023 KLE Review memorandum insupport ofOT FOR CURRENT SERVICES RENDERED ACCOUNT NO: STATEMENT NO: RECAPITULATION TIMEKEEPER HOURS HOURLY RAT - E Kerry L. Ezrol 0.30 $225.00 TOTAL CURRENT WORK ^ �� ' `,yl/ AMOUNTS PREVIOUSLY EULLEDNOT INCLUDED ABOVE HOURS 0.30 0.30 Page 1 O5/O1/2O23 300-0905674 47592 mum 365 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Muhannad Maher Ibrahim (RPO) ACCOUNT NO: STATEMENT NO: TOTAL CURRENT WORK BALANCE DUE MY 0C AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/01/2023 306-9905686 47597 517.50 $517.50 HOURS 04/03/2023 AGL Research re: accept service of the temporary RPO on behalf of a Respondent; call with Det. Villari 0.60 04/04/2023 AGL Research re: proper service on Respondent that cannot be located; service on attorney; requirement that attorney appears before discussing RPO matter; call with Det. Villari 1.50 04/06/2023 MDC review correspondence and related documents re: status of final order and service on respondent 0.20 FOR CURRENT SERVICES RENDERED 2.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 0.20 $225.00 $45.00 Adam G. Levine 2.10 225.00 472.50 TOTAL CURRENT WORK BALANCE DUE MY 0C AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/01/2023 306-9905686 47597 517.50 $517.50 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv. 209 N. Federal, LLC (Petition for Writ) Photocopies TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/01/2023 306-9905691 47598 2,407.50 $2,407.50 Ott HOURS 04/10/2023 MDC review email service of process for new case; review Petition for Writ of Certiorari; prepare and update City on new case and forward to City; call with Lynn Swanson on public records matters referenced in petition and review related emails; call with counsel for The Pierce 1.80 04/12/2023 MDC review petition, review cases cited within and begin review of appendix 1.50 04/13/2023 MDC review emails on public records request, continue reviewing appendix 0.40 04/18/2023 MDC review record on appeal and transcript, begin preparing Response to Petition 1.50 04/19/2023 SMS Review Order and related case docs. 0.50 04/24/2023 MDC correspond with counsel for The Pierce 0.30 04/27/2023 MDC review materials for response to show cause 0.50 04/28/2023 MDC Telephone conference call with counsel for The Pierce, continue reviewing transcripts and record to prepare response 2.90 04/30/2023 MDC continue to review transcripts of hearings and record; prepare Response 1.30 FOR CURRENT SERVICES RENDERED 10.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 10.20 $225.00 $2,295.00 Sean M. Swartz 0.50 225.00 112.50 Photocopies TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/01/2023 306-9905691 47598 2,407.50 $2,407.50 Ott GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. State of Florida (Parcel 701 -1-95 at Gateway Blvd) 04/10/2023 KLE Review documents from Lynn Swanson, emails to and from Lynn 04/11/2023 KLE Review complete appraisal, emails from and to Lynn Swanson FOR CURRENT SERVICES RENDERED ACCOUNT NO: STATEMENT NO: RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Kerry L. Ezrol 2.10 $225.00 TOTAL CURRENT WORK BALANCE DUE -*f3L Page: 1 05/0112023 306-9905692 47599 HOURS 1.30 0.80 2.10 472.50 TOTAL $472.50 472.50 $472.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 368 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 ACCOUNT NO: STATEMENT NO: 04/03/2023 AGL In anticipation of upcoming hearing on co-defendant's motion for summary judgment begin review of amended complaint, motion for summary judgment and other related documents 04/05/2023 AGL Continued review and summary of amended complaint in preparation for upcoming Motion for Summary Judgment hearing 04/10/2023 AGL In continued preparation for codefendant's upcoming Motion for Summary Judgment hearing, review of codefendant's motion for summary judgment FOR CURRENT SERVICES RENDERED TIMEKEEPER Adam G. Levine TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 5.50 $225.00 At3c Page: 1 05/01/2023 306-9905190 47570 HOURS 1.30 2.00 2.20 5.50 1,237.50 TOTAL $1,237.50 1,237.50 $1,237.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 369 GOREN.CHEROFDOODY&EZROL.P.A. �Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (954) 771-4500 CITY OFBOYNTONBEACH 1ODEOcean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv Mata ChonxmdiInc ' Homing Inn Federal Lawsuit Billing 18 -RU] Claim #19780873 04/25/2023 K8[}C update claims adjuster ODstatus Ofappeal FOR CURRENT SERVICES RENDERED ACCOUNT NO: STATEMENT NO: RECAPITULATION TIM 'EKEEPER HOUR � HOURLY RATE Michael [}.CinuUo 0.20 $225.00 AMOUNTGPREVIOUSLY BILLED NOT INCLUDED ABOVE TOTAL $45.00 370 GOREN.CHER{]F.D[X]DY&EZROL.P.A. Attorneys at Law 309QEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333U8 Telephone (Q54)771-45OU CITY C}FBOYNTONBEACH 1ODE.Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Flake, Natalie (MVA) Billing Category: 18 -RL} Claim #20818346 ACCOUNT NO: STATEMENT NO: 04/05/2023 K8QC call with defense counsel re: status ofdiscussions with plaintiff, coordinating executive session 04/27/2023 K8[}C review materials for 5-2-23closed door meeting, call with Richard |gOVfo. review updated correspondence 04/28/2023 MDC review report from defense counsel, prepare outline for statutory requirements for 5-2-23closed door meeting with City Commission FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY .RATE Michael D. 140 $225.00 Photocopies TOTAL CURRENT WORK BALANCE DUE Paoa:1 ` 05/01 /2023 306-9005492 47575 HOURS 0.30 0.80 0.30 1.40 315.00 TOTAL $315.00 315.00 $315.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 371 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv Federick, Carolyn Personal Injuries — Trip and Fall Sidewalk Injuries Billing Category: 18 - RLO Claim #21851368 AMC ACCOUNT NO STATEMENT NO 04/03/2023 AGL Receipt and review of order of dismissal; Prepare correspondence to client regarding order of dismissal; In preparation for meeting with City to discuss current legal posture, current dismissal of this case, brief review of file; Telephone conference call with Richard Ignoffo, Tennille DeCoste, Morgan Chaloupka and Diana Taylor regarding case status and strategy FOR CURRENT SERVICES RENDERED TIMEKEEPER Adam G. Levine TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.80 $225.00 Page: 1 05/01/2023 306-9905549 47577 HOURS 0.80 0.80 180.00 TOTAL $180.00 180.00 $180.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 372 GOREN, CHERQF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Estate of Stanley Davis III Billing Category: 18 - RLO Claim #22874044 04/12/2023 MDC Telephone conference call with defense counsel on status of case, review order dismissing case and forward update to City 04/25/2023 MDC review correspondence re: new counsel and potential new filings FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Michael D. Cirullo 1.00 $225.00 TOTAL CURRENT WORK BALANCE DUE A)3'� AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/01/2023 306-9905607 47581 HOURS 0.70 0.30 1.00 225.00 TOTAL $225.00 225.00 $225.00 373 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv. Devon Schulte, Staci Schulte, and Tyler Schulte (MVA) Billing Category No. 18 - RLO 04/25/2023 AGL Preparation of response to Respondent's request for production and review of entire file to determine full inventory of responsive documents; Receipt and review of email regarding service of the complaint has been effected; review of attached summons 3.30 04/27/2023 AGL Review multiple correspondence from Diana Taylor and begin preparation of initial report as requested by Diana Taylor 1.00 04/28/2023 AGL Continued preparation of initial report; research concerning caselaw concerning liability issues in this matter; review of police report and aerial location imagery 2.50 FOR CURRENT SERVICES RENDERED 8.00 RECAPITULATION TIMEKEEPER _HOURS HOURLY RATE TOTAL Adam G. Levine 8.00 $225.00 $1,800.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/01/2023 306-9905639 47585 I,buu.uu 1,800.00 $1,800.00 374 HOURS 04/05/2023 AGL In preparation for meeting with City to advise of legal implications of this matter, review of Police report, prior correspondence and other materials 0.40 04/06/2023 AGL Telephone conference call with Richard Ignoffo, Tennille DeCoste, Morgan Chaloupka and Diana Taylor regarding case status and strategy 0.50 AGL Prepare memo reflecting subjects discussed at Telephone conference call with Richard Ignoffo, Tennille DeCoste, Morgan Chaloupka and Diana Taylor regarding case status and strategy 0.30 04/25/2023 AGL Preparation of response to Respondent's request for production and review of entire file to determine full inventory of responsive documents; Receipt and review of email regarding service of the complaint has been effected; review of attached summons 3.30 04/27/2023 AGL Review multiple correspondence from Diana Taylor and begin preparation of initial report as requested by Diana Taylor 1.00 04/28/2023 AGL Continued preparation of initial report; research concerning caselaw concerning liability issues in this matter; review of police report and aerial location imagery 2.50 FOR CURRENT SERVICES RENDERED 8.00 RECAPITULATION TIMEKEEPER _HOURS HOURLY RATE TOTAL Adam G. Levine 8.00 $225.00 $1,800.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/01/2023 306-9905639 47585 I,buu.uu 1,800.00 $1,800.00 374 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905655 Boynton Beach FL 33435 STATEMENT NO: 47589 Attn: Lynn Swanson v. Yordi Cardona (MVA) Billing Category No. 18 - RLO Claim #22894054 04/12/2023 AGL Receipt, review and preparation of summary of email string regarding inquiry into downed stopsign. 0.60 04/28/2023 AGL Receipt and review of correspondence from Tristar regarding Plaintiffs request for defense counsel's contact information; review of file to determine litigation status/service status in preparation for reply to Tristar and preparation of reply to Tristar 0.40 FOR CURRENT SERVICES RENDERED 4.60 1,035.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Adam G. Levine 4.60 $225.00 $1,035.00 TOTAL CURRENT WORK 1,035.00 BALANCE DUE /l'JQ $1,035.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 375 HOURS 04/05/2023 AGL In preparation for meeting with City to advise of legal implications of this matter, research concerning City liability with respect to missing stop sign, and potential defenses, including comparative negligence and Fabre defendant 2.80 04/06/2023 AGL Telephone conference call with Richard Ignoffo, Tennille DeCoste, Morgan Chaloupka and Diana Taylor regarding case status and strategy 0.50 AGL Prepare memo reflecting subjects discussed at Telephone conference call with Richard Ignoffo, Tennille DeCoste, Morgan Chaloupka and Diana Taylor regarding case status and strategy 0.30 04/12/2023 AGL Receipt, review and preparation of summary of email string regarding inquiry into downed stopsign. 0.60 04/28/2023 AGL Receipt and review of correspondence from Tristar regarding Plaintiffs request for defense counsel's contact information; review of file to determine litigation status/service status in preparation for reply to Tristar and preparation of reply to Tristar 0.40 FOR CURRENT SERVICES RENDERED 4.60 1,035.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Adam G. Levine 4.60 $225.00 $1,035.00 TOTAL CURRENT WORK 1,035.00 BALANCE DUE /l'JQ $1,035.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 375 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson ACCOUNT NO STATEMENT NO Damage to Vehicle #4048 (Officer J. Scott - Emergency Vehicle Collision with Police Vehicle) Billing Category No. 18 - RLO HOURS 04/05/2023 AGL In preparation for meeting with City to discuss current legal posture and future strategy, brief review of file. 0.20 04/06/2023 AGL Telephone conference call 0.10 FOR CURRENT SERVICES RENDERED 0.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Adam G. Levine 0.30 $225.00 $67.50 TOTAL CURRENT WORK BALANCE DUE A0G AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/01/2023 306-9905675 47593 67.50 67.50 $67.50 376 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Jeffrey Grant Sands Billing Category No. 18 - RLO Claim No. 23902503 ACCOUNT NO: STATEMENT NO: HOURS 04/03/2023 AGL Prepare and finalized certificate of non objection 0.30 AGL Prepare and finalize subpoenas to Golden Chiropractic, Biocare orthopedics, Shree MRI, and Neurology Healthcare; correspondence re: document requests 2.30 04/05/2023 AGL Preparation for meeting with the City to discuss current legal posture and future strategy 0.30 04/06/2023 AGL Telephone conference call with Richard Ignoffo, Tennille DeCoste, Morgan Chaloupka and Diana Taylor regarding case status and strategy 0.20 04/27/2023 AGL Review palm beach county administrative orders regarding exparte motions to compel; begin to draft motion to compel; receipt and review of plaintiffs counsel's correspondence requesting 2 weeks to provide discovery responses 0.30 FOR CURRENT SERVICES RENDERED 3.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Adam G. Levine 3.40 $225.00 $765.00 Photocopies TOTAL CURRENT WORK BALANCE DUE Anr_ Page: 1 05/01/2023 306-9905677 47594 765.00 765.00 $765.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 377 GOREN.CHEROF.DODDY&EZROLP�� Attorneys at Law 3OQ0East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333U8 Telephone (964)771-45OO CITY OFBOYNTONBEACH 1OOE.Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. OeoanUa(MVA -COBB Vehicle #3222) Billing CategoryNo. 18-RLO Claim #23902671 04/05/2023 AGL In preparationfor meeting with City to discuss current legal posture and future strategy, brief review rffile. 04/06/2023 AGL Telephone conference call with Richard Ignoffo, Tennille DeCoste, Morgan Cha|nupkaand Diana Taylor regarding case status andst[ateQyTe|eVhone conference call FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Adam G.Levine 0.40 $225.00 Page: 1 O5/O1/3O33 306-9905679 47595 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 378 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Katherina Molina (subrogation of damages to police vehicle #3908) Billing Category No. 18 - RLO 04/17/2023 AGL Receipt and review of correspondence from Allstate insurance company regarding approval and payment of claim 21845175; Review of file to determine status of this matter; preparation of correspondence to City regarding Allstate approval and payment of claim. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Adam G. Levine 0.50 $225.00 TOTAL CURRENT WORK BALANCE DUE Apo Page: 1 05/01/2023 306-9905684 47596 HOURS 0.50 0.50 112.50 TOTAL $112.50 112.50 $112.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 379 J O N E S F O S T E R P.O. Box 3475 West Palm Beach, FL 33402-3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 561 659 3000 T jonesfoster.com City of Boynton Beach c/o Michael D. Cirullo, Jr. 100 E Ocean Ave Boynton Beach, FL 33435 City of Boynton Beach v. JKM BTS Capital LLC REMITTANCE Tax I.D. 59-1292566 April 30, 2023 Invoice No. 270143 File No. 29049.00002 TJB COPY TOTALS FOR THIS STATEMENT RATE/HR. HOURS AMOUNT JOANNE M. OCONNOR 350.00 2.00 $700.00 THOMAS J. BAIRD 350.00 2.20 $770.00 TOTAL FEES THIS INVOICE $1,470.00 TOTAL CHARGES THIS INVOICE $1,470.00 PREVIOUS BALANCE $0.00 TOTAL ACCOUNT BALANCE $1,470.00 PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE. PAYMENTS RECEIVED AFTER THE PREPARATION OF THIS INVOICE WILL NOT BE REFLECTED. IF AN UNPAID PRIOR BALANCE IS DISPLAYED ABOVE AND YOU HAVE RECENTLY REMITTED PAYMENT, PLEASE PAY ONLY THE CURRENT INVOICE CHARGES. THANK YOU DUE UPON RECEIPT 380 J O N E S F O S T E R P.O. Box 3475 West Palm Beach, FL 33402-3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 Tax I.D. 59-1292566 561 659 3000 T jonesfoster.com April 30, 2023 City of Boynton Beach Invoice No. 270143 c/o Michael D. Cirullo, Jr. File No. 29049.00002 TJB 100 E Ocean Ave Boynton Beach, FL 33435 City of Boynton Beach v. JKM BTS Capital LLC TOTALS FOR THIS STATEMENT JOANNE M.00ONNOR THOMAS J. BAIRD TOTAL FEES THIS INVOICE TOTAL CHARGES THIS INVOICE PREVIOUS BALANCE TOTAL ACCOUNT BALANCE RATE/HR. HOURS AMOUNT 350.00 2.00 $700.00 350.00 2.20 $770.00 $1,470.00 $1,470.00 $0.00 $1,470.00 381 J O N E S F O S T E R City of Boynton Beach April 30, 2023 City of Boynton Beach v. JKM BTS Capital LLC Invoice No. 270143 File No. 29049.00002 Page 2 FOR PROFESSIONAL SERVICES RENDERED: DATE INDV DESCRIPTION OF SERVICES HOURS AMOUNT 04/12/23 JMO CORRESPONDENCE M CIRULLO REGARDING 0.10 35.00 STATUS OF CLOSING BY JKM 04/12/23 TJB TELEPHONE CONFERENCE WITH CITY ATTORNEY 0.10 35.00 CIRULLO 04/13/23 JMO REVIEW SETTLEMENT AGREEMENT REGARDING 0.20 70.00 CONDITIONS TO EFFECTIVE DATE/DISMISSAL OF LAWSUIT 04/13/23 JMO TEL CONFERENCE D DOODY, T BAIRD REGARDING 0.40 140.00 JKM CLOSING, SATISFACTION OF SETTLEMENT AGREEMENT CONDITIONS 04/13/23 TJB TELEPHONE CONFERENCE DJ DOODY AND J. 0.30 105.00 O'CONNOR REGARDING SETTLEMENT CONTINGENCIES 04/14/23 JMO DRAFT JOINT STIPULATION OF DISMISSAL AND 0.30 105.00 ORDER; EMAIL M CIRULLO, T BAIRD REGARDING SAME 04/14/23 TJB REVIEW PROPOSED JOINT STIPULATION FOR 0.20 70.00 DISMISSAL OF LAWSUIT AND EMAIL CORRESPONDENCE TO J. O'CONNOR REGARDING THE SAME 04/17/23 TJB RECEIVE AND REVIEW EMAIL CORRESPONDENCE 0.50 175.00 EXCHANGED WITH ATTORNEY GACHE; RECEIVE AND REVIEW ESCROW INSTRUCTIONS TO JKM AND REPLY TO ATTORNEY DJ DOODY REGARDING THE SAME 04/18/23 JMO ATTENTION TO STATUS OF JKM CLOSING, 0.20 70.00 SETTLEMENT CONDITIONS 04/18/23 TJB RECEIVE AND REVIEW EMAIL CORRESPONDENCE 0.20 70.00 FROM CITY ATTORNEY CIRULLO; RECEIVE AND REVIEW EMAIL CORRESPONDENCE FROM ATTORNEY DJ DOODY 04/19/23 JMO TEL CONFERENCE M CIRULLO REGARDING JKM 0.20 70.00 CLOSING, SETTLEMENT STATUS; CORRESPONDENCE TO COUNSEL FOR JKM 382 J O N E S F O S T E R City of Boynton Beach April 30, 2023 City of Boynton Beach v. JKM BTS Capital LLC Invoice No. 270143 File No. 29049.00002 Page 3 04/19/23 TJB REVIEW EMAIL CORRESPONDENCE FROM CITY 0.30 105.00 ATTORNEY CIRULLO AND EMAIL CORRESPONDENCE FROM ATTORNEY LYNN TO CITY ATTORNEY CIRULLO REGARDING THE CLOSING OF THE JKM PROPERTY; REVIEW EMAIL CORRESPONDENCE EXCHANGED BETWEEN J. O'CONNOR AND CITY ATTORNEY CIRULLO 04/20/23 JMO EMAILS FROM K MARKOW, R GACHE; FINALIZE 0.20 70.00 JOINT STIPULATION AND ORDER OF DISMISSAL FOR SUBMISSION TO COURT 04/20/23 TJB EXCHANGE EMAIL CORRESPONDENCE WITH 0.30 105.00 ATTORNEY CIRULLO REGARDING STIPULATION OF DISMISSAL; RECEIVE AND REVIEW EMAIL CORRESPONDENCE FROM J. O'CONNOR REGARDING FILING OF THE STIPULATION OF DISMISSAL; RECEIVE AND REVIEW EMAIL CORRESPONDENCE FROM CIRCUIT COURT CLERK ACKNOWLEDGING DISMISSAL 04/22/23 JMO REVIEW SETTLEMENT AGREEMENT; EMAILS WITH 0.30 105.00 M CIRULLO REGARDING RELEASE OF ESCROW PAYMENT, PROCEDURE VIS INCENTIVE PAYMENTS 04/22/23 TJB REVIEW EMAIL CORRESPONDENCE EXCHANGED 0.20 70.00 BETWEEN J. O'CONNOR & CITY ATTORNEY CIRULLO 04/25/23 JMO REVIEW FINAL ORDER OF DISMISSAL 0.10 35.00 04/26/23 TJB RECEIVE AND REVIEW ORDER OF DISMISSAL OF 0.10 35.00 LAWSUIT AGAINST JKM TOTAL HOURS 4.20 383 LAWYERS Kopelowitz Ostrow Ferguson Weiselberg Gilbert 1 West Las Olas Blvd., Suite 500 Federal Tax I.D. No.: 65-0637822 Fort Lauderdale, FL 33301 www.kolawyers.com City of Boynton Beach c/o City Attorney, Michael Cirullo Jr 100 E. Ocean Avenue Boynton Beach, Florida 33435 RE: City of Boynton Beach - Arbitration of Mark Sohn For Professional Services Rendered Through March 31, 2023 Total Services Total Current Charges Previous Balance Less Payments Remittance Advice Telephone: 954.525.4100 Facsimile: 954.525.4300 Client: 015589 Matter: 000001 Invoice #: 147512 $9,720.00 $9,720.00 $6,750.00 ($6,750.00) Payment is due upon receipt. If payment in full is not received within 30 days, a finance charge of 1.2% (15% annually) may apply. Check Payable To: Wire Transfer: Kopelowitz Ostrow P.A. Receiving Bank: City National Bank of Florida Attn.: Accounts Receivable ABA Routing Number: 066004367 1 West Las Olas Blvd., Suite 500 Beneficiary: Kopelowitz Ostrow P.A. Fort Lauderdale, FL 33301 Account Number: 1954993480 Credit Card: We accept VISA, MasterCard, Discover and American Express or eCheck. To make a secure payment online, pleaseclick here. If paying by credit card, a 2% credit card processing fee will be added to your payment. Please return this remittance page with your payment. Thank you. 384 LAWYERS Kopelowitz Ostrow Ferguson Weiselberg Gilbert 1 West Las Olas Blvd., Suite 500 Federal Tax I.D. No.: 65-0637822 Fort Lauderdale, FL 33301 www.kolawyers.com City of Boynton Beach c/o City Attorney, Michael Cirullo Jr 100 E. Ocean Avenue Boynton Beach, Florida 33435 RE: City of Boynton Beach - Arbitration of Mark Sohn For Professional Services Rendered Through March 31, 2023 Telephone: 954.525.4100 Facsimile: 954.525.4300 May 04, 2023 Client: 015589 Matter: 000001 Invoice #: 147512 Page: 1 Date Person Description of Services Hours Rate Amount 03/01/2023 DLF Reviewed videos and prepared for final hearing. 2.50 225.00 $562.50 03/01/2023 SDH Emails with witnesses regarding meeting. Emails 1.50 225.00 $337.50 with opposing counsel regarding tour of PBA Hall. review of Sohn past IA history. 03/02/2023 SDH Emails with witnesses regarding walk through. 0.10 225.00 $22.50 03/03/2023 DLF Prepared for final hearing. 2.00 225.00 $450.00 03/06/2023 DLF Strategy call with Seth to discuss witnesses. 3.20 225.00 $720.00 Prepared for final hearing. 03/07/2023 SDH Phone call with IA Investigator regarding history. 2.20 225.00 $495.00 Begin to organize Sohn history and exhibits related to such. Prepare for procedural phone call hearing with Arbitrator. Email BBPD IT regarding video. 03/09/2023 SDH Emails with witnesses regarding meetings. 0.20 225.00 $45.00 03/13/2023 DLF Prepared for final hearing. 2.20 225.00 $495.00 03/13/2023 SDH Emails with client regarding Final Hearing and 0.20 225.00 $45.00 witness prep. 03/14/2023 DLF Prepared for final hearing. 2.00 225.00 $450.00 03/16/2023 SDH Emails with client regarding status of case. 0.40 225.00 $90.00 Review of email from Union regarding discovery requests. Review of CBA regarding Arbitrator retaining jurisdiction. 03/25/2023 SDH Review IA Report in prep for meeting with 1.00 225.00 $225.00 witnesses. 03/27/2023 DLF Went to scene. Strategy meeting with Assistant 6.60 225.00 $1,485.00 Chief, Chief, and City Manager. 385 VA Person Description of Services Hours May 04, 2023 LAWYERS 21 Client: 015589 Matter: 000001 SDH Travel to and fromPalm Beach County to attend Invoice #: 147512 225.00 Page: 2 Date Person Description of Services Hours Rate Amount 03/27/2023 SDH Travel to and fromPalm Beach County to attend 8.50 225.00 $1,912.50 various meetings with opposing counsel, expert, IA investigator and other witnesses. 03/28/2023 DLF Prepared for final hearing. 2.60 225.00 $585.00 03/28/2023 SDH Emails with witnesses regarding training file. 1.30 225.00 $292.50 Review of Sohn training file. Organize documents that are all post -IA Report. Phone call with witness regarding appearing at hearing. 03/29/2023 DLF Prepared for final hearing. 2.20 225.00 $495.00 03/29/2023 SDH Phone calls with witnesses subpoenaed by the 0.70 225.00 $157.50 Union. Emails with opposing counsel regarding joint exhibits. 03/30/2023 SDH Multiple phone calls with witnesses subpoenaed 2.50 225.00 $562.50 by Union. Begin to review documents provided by IA investigator. 03/31/2023 SDH Initial review of Plaintiff's discovery responses. 1.30 225.00 $292.50 Phone call with IA investigator regarding exhibits for Final Hearing. Total Professional Services 43.20 $9,720.00 Total Services Total Current Charges Previous Balance Less Payments DLF David L. Ferguson SDH Seth D. Haimovitch $9,720.00 $9,720.00 $6,750.00 ($6,750.00) 23.30 $225.00 $5,242.50 19.90 $225.00 $4,477.50 LAW 2600 Douglas Road PH -4 Coral Gables, FL 33134 (305) 445-5528 (305) 446-0995 Fax May 8, 2023 TAX I.D. 92-1828074 Claims/Human Resources and Risk Manageme City of Boynton Beach 100 E. Ocean Avenue Boynton Beaach, FL 33435 In Reference To: Smith, J. v. Shaun James, et al. Claim No.: 22891273 Professional Services 4/2/2023 WL Review/analyze Order on Joint Motion to Invoice No. 6123 Hours Dismiss and Defendant, Berben's Answer. WL Rec and rev Plaintiffs amended response to 0.50 Defendants' joint motion for summary $70.00 judgment WL Rec and rev Plaintiffs 2nd amended 0.90 response to Defendants' joint statement of $126.00 facts 4/4/2023 DA Review new statement of facts and response 1.00 in opposition DA Legal Research re arrestable traffic offenses $168.00 in Florida/specifically tints WL Review/compare/analyze Plaintiffs statement $126.00 of facts (24 pages) to prior versions and with $112.00 Defendants' statement WL Review/compare/analyze Plaintiffs amended $240.00 response to Defendants' joint motion for summary judgment 4/5/2023 WL Rec and rev e-mail exchange re order on motion to dismiss 4/6/2023 DA Draft Shaun James portions of reply in support of motion for summary judgment framework Invoice No. 6123 Hours Amount Amount 0.50 $70.00 $70.00 0.90 $126.00 $126.00 0.90 $126.00 $126.00 0.70 $84.00 $84.00 1.00 $120.00 $120.00 1.20 $168.00 $168.00 0.90 $126.00 $126.00 0.80 $112.00 $112.00 2.00 $240.00 $240.00 387 Claims/Human Resources and Risk Manageme 4/6/2023 DA Legal Research re disputed time of stop WL Rec and rev e-mail exchange re reply in 0.50 support of motion for summary judgment 4/7/2023 DA Legal Research re federal malicious prosecution arguments at summary judgment 4/9/2023 WL Rec and rev e-mail from Scott Alexander re reply in support of motion for summary judgment 4/10/2023 WL Rec and rev e-mail exchange re reply in support of motion for summary judgment 4/11/2023 WL Rec and rev Plaintiffs 2nd amended response in opposition to Defendants' joint motion for summary judgment WL Rec and rev Plaintiffs 3rd amended response opposition statement of facts DA Draft probable cause for initial stop for Smith and Berben DA Draft argument re duration of stop for all officers DA Legal Research re more permissible/length/stop cases DA Draft lawful arrest argument for James DA Draft state law malicious prosecution argument for all officers DA Legal Research re mal pros claim against later -arriving officers also protected by probable cause for first officers 4/12/2023 DA Legal Research re probable cause for each charge for federal Mal Pros claim where there is no evidence to support falsification DA Draft federal Mal Pros argument for all officers WL Review/compare second amended statement of facts to third amended statement of facts WL Review/compare second amended response in opposition to motion for summary judgment and first amended response in opposition to motion for summary judgment WL Review/compare prior exhibits Hours Amount 1.00 $120.00 0.50 $70.00 1.50 $180.00 0.20 $28.00 0.30 $42.00 0.90 $126.00 0.90 $126.00 0.50 $60.00 1.20 $144.00 1.50 $180.00 0.40 $48.00 0.50 $60.00 1.00 $120.00 2.40 $288.00 1.80 $216.00 0.80 $112.00 1.30 $182.00 0.50 $70.00 Page 2 Amount $120.00 $70.00 $180.00 $28.00 $42.00 $126.00 $126.00 $60.00 $144.00 $180.00 $48.00 $60.00 $120.00 $288.00 $216.00 $112.00 $182.00 $70.00 388 Claims/Human Resources and Risk Manageme Page 3 Hours Amount Amount 4/13/2023 DA Legal Research re federal malicious 1.40 $168.00 $168.00 prosecution/summary judgment wins WL Draft (continued) federal malicious 0.60 $84.00 $84.00 prosecution reply argument WL Review/revise reply in support of motion for 0.30 $42.00 $42.00 summary judgment DA Legal Research Plaintiff's cited cases 1.10 $132.00 $132.00 4/14/2023 WL Review/revise reply memorandum of law 0.80 $112.00 $112.00 4/18/2023 DA Draft second motion for extension of time 0.50 $60.00 $60.00 WL Review/revise 2nd motion for extension on 0.40 $56.00 $56.00 reply, including all comments by co-defendants WL Rec and rev e-mail exchange re reply 0.50 $70.00 $70.00 memorandum 4/19/2023 WL Draft notice of supplement to motion for 0.40 $56.00 $56.00 extension of time WL Rec and rev e-mail exchange re motion for 0.20 $28.00 $28.00 extension 4/21/2023 WL Rec and rev order granting 2nd motion for 0.20 $28.00 $28.00 extension of time to file reply in support of motion for summary judgment 4/26/2023 WL Rec and rev e-mail exchange re reply 0.30 $42.00 $42.00 statement of facts 4/27/2023 WL Rec and rev e-mail exchange re edits to reply 0.20 $28.00 $28.00 WL Review/revise reply statement of facts 1.50 $210.00 $210.00 WL Review reply in support of motion for 0.80 $112.00 $112.00 summary judgment re Shaun James arguments DA Legal Research re K9 signaling issues at 1.00 $120.00 $120.00 summary judgment 4/28/2023 WL Rec and rev e-mail exchange re final version 0.40 $56.00 $56.00 of reply WL Review/revise joint reply memorandum of law 1.00 $140.00 $140.00 and joint reply facts For professional services rendered 37.70 $4,888.00 Previous balance $3,350.00 389 Claims/Human Resources and Risk Manageme Balance due Timekeeper Summary Name Andrei F. Dambuleff Lourdes E. Wydler PLEASE MAKE CHECKS PAYABLE TO WYDLER LAW Page 4 Amount $8,238.00 Hours Rate 19.50 120.00 18.20 140.00 390 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 May 04, 2023 Billed Through 04/30/2023 Invoice 74718 / MTB 00281 42164 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Joseph Smith vs. Boynton Beach, Shaun James, Mark Sohn, Andrew Berben and Cory Henry (Tristar Claim No. 22891271 and PGCS Claim No. 394052) FOR PROFESSIONAL SERVICES RENDERED: 04/01/2023 SDA Review and study Order on Motion to Dismiss 0.20 04/03/2023 MTB Receipt and review of Plaintiffs revised statement of material facts in 1.40 opposition to Defendant's combined motion for summary judgment 04/05/2023 MTB Receipt and review of email correspondence from Don Samuels, Ann 0.30 Breeden and Lourdes Wydler 04/05/2023 MTB File review and preparation of email correspondence to attorneys 0.20 Wydler, Stevens and Breeden regarding court order on motion to dismiss and suggested reply to Plaintiffs response 04/05/2023 SDA Review and exchange 3 emails with D. Stephens, A. Breeden and L. 0.30 Wydler regarding unauthorized summary judgment filings by Plaintiff and confusion relating to Court's Order on Motion to Dismiss 04/07/2023 SDA Review and cross-reference to existing record all of Plaintiffs factual 4.20 citations in Second Amended Statement of Facts 04/07/2023 SDA Prepare legal portion of Reply Memorandum for first two issues 3.50 pertinment to Berben (inital stop and length of stop) and forward to co -defense counsel for inclusion of legal issues pertaining to James, Sohn and Herny 04/10/2023 MTB File review and preparation of email correspondence to Cindy Rogosin 0.30 04/10/2023 MTB Receipt and review of email correspondence from Cindy Rogosin 0.10 04/10/2023 SDA Prepare Memorandum of Law in Opposition in support of Motion for 2.30 Summary Judgement; forward to co -defense counsel for review and inclusion 04/14/2023 MTB Continued review of Plaintiffs Second Amended Response to 0.80 Defendant's Joint Motion for Summary Judgment 391 Invoice Number 74718 Page 2 04/17/2023 SDA Review incorporated additional arguments submitted by Attorney 0.80 Lourdes Wydler 04/18/2023 MTB Receipt and review of Motion for Extension of Time to File Reply 0.20 Memorandum in support of Motion for Summary Judgment 04/18/2023 MTB Receipt and review of email correspondence from Nicole Lamay 0.10 04/18/2023 SDA Prepare Declaration of R. Love 0.70 04/18/2023 SDA Prepare correspondence to R. Love with Declaration 0.20 04/18/2023 SDA Prepare correspondence to Plaintiffs counsel showing check clearance of 0.20 $11,732.50 check 04/19/2023 SDA Review and exchange 5 emails with defense counsel regarding extending 0.50 period of time to file reply 04/19/2023 SDA Review draft Motion for Extension 0.30 04/19/2023 SDA Prepare correspondence to Plaintiffs counsel regarding position on 0.20 defense extension request 04/19/2023 SDA Review correspondence from Plaintiffs counsel regarding 0.20 non -opposition to extension 04/19/2023 SDA Finalize and submit Motion for Extension 0.20 04/21/2023 MTB Receipt and review of Order Granting Defendant's Motion for Extension 0.10 of Time 04/24/2023 SDA Review Order Granting Extension on Reply Memo 0.20 04/26/2023 SDA Continued preparation of and review exchanges with co -defense counsel 3.30 of Reply Statement of Facts and Reply Memorandum 04/28/2023 MTB Receipt and review of Defendant's final reply memorandum and reply 0.80 statement of facts Total Professional Services: $4,860.00 Burke, Michael T. 4.30 225.00 $967.50 Alexander, Scott D 17.30 225.00 $3,892.50 DISBURSEMENTS 0413012023 Printing and Imaging Services Summary: Total professional services Total expenses incurred Total Amount Billed Less Pre -Paid Applied Total Expenses Advanced: $4,860.00 +$102.90 $4,962.90 $0.00 102.90 $102.90 392 Please Pay this Amount Invoice Number 74718 $4,962.90 Page 3 393 OLDS & STEPHENS, P.A. 312 Eleventh Street P. O. Box 4523 West Palm Beach, FL 33401 Invoice submitted to: Tennille DeCoste Human Resources and Risk Management 100 East Ocean Avenue Boynton Beach, FL 33435 May 01, 2023 In Reference To: Client/insured: Boynton Beach Claimant: Smith Claim No.: Date/Loss: Invoice # 10261 TAXPAYER I.D. NO.: 65-0385869 Professional Services 4/3/2023 DS Reviewed Defendants' Joint Motion for Summary Judgment Hrs/Rate Amount 0.70 175.00 250.00/hr DS Reviewed Plaintiffs Amended Response to 0.80 200.00 Defendants' Joint Motion for Summary Judgment 250.00/hr DS Continued analyze case law cited by Plaintiff in 0.60 150.00 Amended Response to Joint Motion for Summary 250.00/hr Judgment DS Reviewed Plaintiffs Second Amended Response 2.30 575.00 to Defendant's Joint Statement of Material Facts 250.00/hr and compared to Defendant's Statement of Material Facts 4/4/2023 DS Began reviewing exhibits to Plaintiffs Statement of 2.80 700.00 Material Facts CDE 99 250.00/hr 394 Tennille DeCoste Page 2 Hrs/Rate Amount 4/4/2023 DS Continued reviewing exhibits to Plaintiffs Second 2.40 600.00 Amended Statement of Material Facts 250.00/hr 4/5/2023 DS Receipt, review, and responded to emails from 0.40 100.00 defense counsels vague Motion to Dismiss Order 250.00/hr 4/6/2023 DS Receipt, reviewed emails from defense counsels 0.20 50.00 re: strategy on summary judgment motion 250.00/hr 4/7/2023 DS Receipt and review of email from Scott Alexander 0.10 25.00 re: summary judgment motion Reply 250.00/hr 4/9/2023 DS Receipt and review of email from Scott Alexander 0.40 100.00 with part of the Reply supporting summary 250.00/hr judgment 4/10/2023 DS Reviewed emails between Scott Alexander and 0.20 50.00 Plaintiffs counsel re: Plaintiffs Response to 250.00/hr Statement of Materials Facts 4/11/2023 DS Emailed Plaintiffs counsel re: follow-up to her 0.10 25.00 discussions with Scott Alexander about correcting 250.00/hr Plaintiffs Response 4/12/2023 DS Receipt and review of email from A. Breeden re: 0.10 25.00 Plaintiffs recently re -filed Amended Responses to 250.00/hr Defendant's summary judgment motion DS Began reviewing Plaintiffs newly filed Statement 1.70 425.00 of Material Facts and additional facts filed on last 250.00/hr night, April 11,1923 DS Reviewed and analyzed Plaintiffs newly Amended 2.40 600.00 Response to Defendants' Motion for Summary 250.00/hr Judgment filed on last night, April 11, 1923 4/13/2023 DS Reviewed portions of the exhibits attached to 3.40 850.00 Docket Entries 102 and 103 of Plaintiffs 250.00/hr Statement of Facts 395 Tennille DeCoste Page 3 Hrs/Rate Amount 4/14/2023 DS Receipt, reviewed, and analyzed Defendants' 0.50 125.00 Proposed Reply supporting summary judgment 250.00/hr DS Reviewed Defendants' Motion for Summary 0.90 225.00 Judgment and Plaintiffs Response to same; 250.00/hr Began outlining issues for Reply 4/15/2023 DS Worked on Defendants' Reply supporting 1.30 325.00 summary judgment 250.00/hr 4/17/2023 DS Worked on Reply in support of summary judgment 2.40 600.00 250.00/hr 4/18/2023 DS Preparation of email to Defense Counsel re: Reply 0.10 25.00 being due today, April 18, 2023 250.00/hr DS Receipt and review of email from Breeden 0.10 25.00 recommending moving for extension to file Reply 250.00/hr DS Receipt and review of email from Breeden re: 0.10 25.00 drafting of Motion for Extension 250.00/hr DS Preparation of email to Plaintiffs counsel re: 0.20 50.00 Motion for Extension 250.00/hr DS Receipt and review of email from Wydler on 0.10 25.00 Motion for Extension 250.00/hr DS Receipt, review, and approved Motion for 0.20 50.00 Extension draft 250.00/hr DS Receipt and review of filed Motion for Extension 0.10 25.00 250.00/hr 4/19/2023 DS Receipt and review of email from Plaintiff on 0.10 25.00 Motion for Extension conferral 250.00/hr DS Receipt and review of Proposed Amendment to 0.10 25.00 Motion for Extension re: Plaintiff having no 250.00/hr objection to same 396 Tennille DeCoste 4/21/2023 DS Receipt and review of Order granting Motion for 0.10 Extension to file Reply supporting summary 250.00/hr judgment 4/26/2023 DS Reviewed Joint Reply relating to Statement of 1.50 Material Facts and analyzed same 250.00/hr DS Reviewed and made final changes to Joint Reply 1.70 Memorandum supporting summary judgment 250.00/hr 4/28/2023 DS Receipt, review, and responded to emails re: 0.30 Proposed Joint Reply and Statement of Material 250.00/hr Facts supporting summary judgment 4/29/2023 DS Reviewed D.E. 107, Defendants' filed Joint Reply 0.30 to Plaintiffs Response to Defendants' Joint Motion 250.00/hr for Summary Judgment DS Reviewed D.E. 108, Defendants' filed Joint Reply 0.20 Statement of Material Facts 250.00/hr For professional services rendered 28.90 Previous balance 4/3/2023 Payment - thank you. Check No. #10238 Total payments and adjustments Balance due User Summary Name Hours Rate DON STEPHENS 28.90 250.00 Page 4 Amount 25.00 375.00 425.00 75.00 75.00 50.00 $7,225.00 $5,125.00 ($2,050.00) ($2,050.00) $10,300.00 Amount $7,225.00 397 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 April 26, 2023 Billed Through 03/31/2023 Invoice 74602 / EBJ 00281 43044 Via: claims@bbfl.us Michael Carlson City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Michael Norwood vs. City of Boynton Beach (Tristar Claim No. 21959966) FOR PROFESSIONAL SERVICES RENDERED: 03/09/2023 MCN Review file; including Plaintiff s complaint, the parties' discovery 2.00 responses and all other necessary pleadings in order to identify witnesses with knowledge of Plaintiffs allegations and relevant documents 03/09/2023 MCN Prepare a witness identification / exhibit list 0.50 03/09/2023 MCN Summarize Plaintiffs records produced by Orthopedic Surgery 0.60 Associates 03/09/2023 MCN Summarize Plaintiff s records produced by Advanced Diagnostic Group 0.40 03/09/2023 MCN Summarize Plaintiff s records produced by Hospital for Special Surgery 0.60 03/10/2023 CJS Review correspondence from Joseph Bilotta, Esq., regarding Plaintiffs 0.20 deposition 03/10/2023 MCN Summarize Plaintiffs records produced by Professional Care Physical 2.50 Therapy and Rehabilitation 03/10/2023 MCN Summarize Plaintiffs responses to the City's interrogatories and request 3.00 for production 03/13/2023 CJS Review Plaintiffs medical records in preparation for deposition of 3.50 Plaintiff 03/13/2023 CJS Prepare detailed outline for deposition of Plaintiff 1.50 03/14/2023 CJS Continued preparation for and attend deposition of Plaintiff, Michael 2.50 Norwood 03/16/2023 CJS Draft the City's trial witness list 0.80 03/16/2023 CJS Draft the City's exhibit list 0.60 03/17/2023 CJS Draft a case status report in response to the audit inquiry to the City 0.70 398 Invoice Number 74602 Page 2 03/21/2023 CJS Review correspondence from Michael Cirullo, Esq., regarding audit 0.20 response 03/21/2023 CJS Revise and finalize City's response to audit 0.30 03/21/2023 CJS Prepare correspondence to Michael Cirullo, Esq., regarding audit 0.20 response 03/27/2023 CJS Review correspondence from Michael Carlson regarding mediation 0.20 03/28/2023 CJS Review correspondence from Margaret Schobel regarding status and 0.20 potential motion to continue 03/28/2023 CJS Prepare correspondence to Margaret Schobel regarding status and 0.20 potential motion to continue 03/29/2023 CJS Prepare a notice of production from non-party 0.30 03/29/2023 CJS Prepare a subpoena duces tecum to the following providers : All County 1.20 Gastro, Answorth A. Allen, MD- Orthopedic Shoulder, Elbow & Knee Specialist, Empire Blue Cross Blue Shield: New York Health Insurance, Halper Family Medicine, CMS: Centers for Medicare and Medicaid Services, and United Healthcare 03/29/2023 CJS Prepare correspondence to Joseph Bilotta, Esq. status on Plaintiffs 0.20 executed authorization for the release of records from Langone Hospital and NYU Grossman School of Medicine 03/29/2023 CJS Review of correspondence from Margaret Schobel providing status on 0.20 Plaintiffs authorization for the release of records from Langone Hospital and NYU Grossman School of Medicine 03/29/2023 MCN Prepare correspondence to the records custodian for NYU Langone 0.20 Ambulatory Surgery regarding our request for Plaintiffs medical records 03/30/2023 CJS Review correspondence from Joseph Bilotta, Esq., regarding 0.20 non -objection to subpoenas 03/30/2023 CJS Prepare correspondence to Joseph Bilotta, Esq., regarding copies of 0.20 records 03/30/2023 CJS Prepare correspondence to Joseph Bilotta, Esq. regarding the non-party 0.20 subpoenas that the City intends on serving and our request for Plaintiffs approval to waiving the 10 -day waiting period 03/30/2023 CJS Prepare an authorization for the release of Plaintiffs records to the 0.30 following providers: All County Gastro, Answorth A. Allen, MD, and Halper Family Medicine 03/30/2023 CJS Prepare correspondence to Joseph Bilotta, Esq regarding our request for 0.20 Plaintiffs authorization for the release of records from All County Gastro, Answorth A. Allen, MD, and Halper Family Medicine 03/31/2023 CJS Review Notice Of Mediation 0.20 03/31/2023 CJS Review correspondence from Joe Bilotta, Esq., regarding discovery 0.20 documents 03/31/2023 CJS Review correspondence from Lanaann Marsh, Esq., regarding 0.20 instructions for zoom attendance at mediation 03/31/2023 CJS Prepare correspondence to clients regarding notice of mediation and 0.20 zoom instructions for attendance at same 399 Invoice Number 74602 Page 3 03/31/2023 MCN Prepare correspondence to Richard Ignoffo regarding the insurance 0.20 policy that cover this matter 12.00 03/31/2023 CJS Prepare a notice of filing certificate of non -objection 0.30 Total Professional Services: $4,670.00 Stearns, Chris J. 15.20 225.00 $3,420.00 Nunez, Michelle C. 10.00 125.00 $1,250.00 DISBURSEMENTS 0313112023 Printing and Imaging Services 67.55 0313112023 Postage Summary 12.00 Total Expenses Advanced: $79.55 Summary: Total professional services $4,670.00 Total expenses incurred +$79.55 Total Amount Billed $4,749.55 Less Pre -Paid Applied $0.00 Please Pay this Amount $4,749.55 400 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 April 26, 2023 Billed Through 03/31/2023 Invoice 74596 / CJS 00281 43043 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: City of Boynton Beach vs. Carrington H. Morris, II (Claim # 22897313) FOR PROFESSIONAL SERVICES RENDERED: 03/14/2023 CJS Review correspondence from Richard Ignoffo regarding status 0.20 03/14/2023 CJS Telephone conference with Richard Ignoffo regarding status of 0.30 restitution proceedings 03/20/2023 CJS Prepare correspondence to Jason Jovene, Assistant State Attorney, 0.30 regarding status of restitution 03/20/2023 CJS Review correspondence from Jason Jovene, Esq., regarding reassignment 0.20 of restitution matter to Eric Araujo, Esq. 03/20/2023 CJS Prepare correspondence to Eric Araujo, Esq., regarding status 0.20 03/21/2023 CJS Review correspondence from Michael Cirullo, Esq., regarding audit 0.20 response 03/21/2023 CJS Revise and finalize City's response to audit 0.30 03/21/2023 CJS Prepare correspondence to Michael Cirullo, Esq., regarding audit 0.20 response 03/23/2023 CJS Prepare follow up correspondence to Assistant State Attorney, Eric 0.20 Araujo, Esq., regarding status 03/24/2023 CJS Review correspondence from Eric Arujo regarding property damage 0.20 03/24/2023 CJS Review correspondence from Eric Arujo regarding workers 0.20 compensation lien 03/24/2023 CJS Prepare correspondence to Eric Arujo regarding workers compensation 0.20 lien 03/30/2023 CJS Multiple conferences with Eric Araujo regarding restitution hearing and 0.80 total value of claim 03/30/2023 CJS Review workers' compensation records 0.50 401 Invoice Number 74596 Page 2 03/30/2023 CJS Prepare correspondence to Eric Araujo regarding total value of restitution sought by City Total Professional Services: Stearns, Chris J. 4.30 225.00 DISBURSEMENTS Summary: Total professional services $967.50 Total Amount Billed $967.50 Less Pre -Paid Applied $0.00 Please Pay this Amount $967.50 0.30 $967.50 $967.50 402 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 April 26, 2023 Billed Through 03/31/2023 Invoice 74601 / EBJ 00281 43041 Via: claims@bbfl.us Karen Klein City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Jean Estella vs. City of Boynton Beach (Tristar Claim No. 1979815) FOR PROFESSIONAL SERVICES RENDERED: 03/15/2023 CJS Review file and prepare for hearing on Motion to Dismiss and for 1.00 Sanctions 03/16/2023 CJS Continued preparation for and attend hearing on City's Motion to 3.00 Dismiss and for Sanctions 03/16/2023 CJS Prepare proposed Order granting City's Motion to Dismiss as a Sanction 0.20 03/20/2023 CJS Prepare correspondence to Richard Ignoffo, Michael Cirullo, Esq., 0.20 Tenille Decoste and Karen Klein regarding dismissal of claim 03/20/2023 CJS Review correspondence from Michael Cirullo, Esq., regarding dismissal 0.20 03/20/2023 CJS review Court's Order granting City's Motion for Sanctions and 0.20 dismissing Plaintiffs Complaint 03/21/2023 CJS Review correspondence from Michael Cirullo, Esq., regarding audit 0.20 response 03/21/2023 CJS Revise and finalize City's response to audit 0.30 03/21/2023 CJS Prepare correspondence to Michael Cirullo, Esq., regarding audit 0.20 response Total Professional Services: $1,237.50 Stearns, Chris J. 5.50 225.00 $1,237.50 DISBURSEMENTS Summary: Total professional services $1,237.50 403 Total Amount Billed Less Pre -Paid Applied Please Pay this Amount Invoice Number 74601 Page 2 $1,237.50 $0.00 $1,237.50 404 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 April 26, 2023 Billed Through 03/31/2023 Invoice 74600 / EBJ 00281 43028 Via: claims@bbfl.us Diana Taylor City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Tammi Philson vs. City of Boynton Beach (Tristar Claim No. 001470 -000440 -GB -01 FOR PROFESSIONAL SERVICES RENDERED: 03/01/2023 CJS Review records in response to subpoena from Cape Coral 1.40 Hospital/medical records 03/03/2023 CJS Review correspondence from Frankie Hutchinson regarding additional 0.20 medical bills from National Spine and Pain Center 03/06/2023 MCN Summarize Plaintiffs records produced by Phillips & Green MD 2.30 03/06/2023 MCN Summarize Plaintiffs billing records produced by MedStar 0.30 03/06/2023 MCN Summarize Plaintiff s records produced by Chesapeake Medical Imaging 0.30 03/13/2023 MCN Continue summarizing Plaintiff s records produced by MedStar NRH 1.00 Rehabilitation Network 03/14/2023 CJS Review file including all of Plaintiff s medical records in preparation for 3.70 deposition of Plaintiff 03/14/2023 CJS Prepare detailed outline regarding deposition of Plaintiff 1.50 03/14/2023 MCN Continue summarizing Plaintiffs medical records produced by MedStar 1.00 NRH 03/14/2023 MCN Summarize Plaintiffs billing records produced by Annapolis Radiology 0.30 Associates 03/14/2023 MCN Summarize Plaintiffs records produced by Anne Arundel Medical Center 0.90 03/14/2023 MCN Summarize Plaintiffs billing records produced by Doctor's Emergency 0.30 Services 03/14/2023 MCN Summarize Plaintiffs records produced by Capitol Rehab of Crofton 1.50 03/14/2023 MCN Summarize Plaintiffs records produced by MedStar Georgetown 1.50 University Hospital 405 Invoice Number 74600 Page 2 03/14/2023 MCN Summarize Plaintiffs records produced by National Spine and Pain 0.50 Total Amount Billed $3,726.55 Centers $0.00 03/14/2023 MCN Summarize Plaintiffs billing records produced by Sheridan Radiology 0.30 03/14/2023 MCN Summarize Plaintiffs records produced by Washington Neurosurgical 0.60 PC 03/14/2023 MCN Summarize Plaintiffs records produced by Stephen C. Kurylas, MD, 1.50 LLC 03/14/2023 MCN Summarize Plaintiffs records produced by Chesapeake Medical Imaging 0.30 03/15/2023 CJS Prepare correspondence to Alan Sackrin, Esq., regarding emergency 0.20 cancellation of today's deposition due to being called to evidentiary hearing 03/15/2023 CJS Review correspondence from Alan Sackrin, Esq., regarding emergency 0.20 cancellation of today's deposition due to being called to evidentiary hearing 03/15/2023 MCN Summarize Plaintiffs records produced by Stephen C. Kurylas, MD, 1.50 LLC 03/17/2023 CJS Draft a case status report in response to the audit inquiry to the City 0.50 03/21/2023 CJS Review correspondence from Michael Cirullo, Esq., regarding audit 0.20 response 03/21/2023 CJS Revise and finalize City's response to audit 0.30 03/21/2023 CJS Prepare correspondence to Michael Cirullo, Esq., regarding audit 0.20 response 03/22/2023 CJS Prepare Re -Notice of Taking Deposition 0.20 Total Professional Services: $3,697.50 Stearns, Chris J. 8.60 225.00 $1,935.00 Nunez, Michelle C. 14.10 125.00 $1,762.50 DISBURSEMENTS 0313112023 Printing and Imaging Services Summary: Total Expenses Advanced: Total professional services $3,697.50 Total expenses incurred +$29.05 Total Amount Billed $3,726.55 Less Pre -Paid Applied $0.00 Please Pay this Amount $3,726.55 29.05 $29.05 406 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 April 26, 2023 Billed Through 03/31/2023 Invoice 74599 / EBJ 00281 43022 Via: claims@bbfl.us Cindy Rogozin City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Beverly Bozzacco vs. FDOT and City of Boynton Beach (Tristar Claim No. 2390089 1) FOR PROFESSIONAL SERVICES RENDERED: 03/02/2023 CJS Review Co -Defendant's Motion for Extension of Time to Respond to 0.30 Plaintiff s Discovery 03/07/2023 CJS Prepare interrogatories, requests for admission and request for 1.50 production to Plaintiff 03/08/2023 CJS Review Return of Service upon Leisureville of Summons, Complaint and 0.20 discovery 03/13/2023 CJS Review file and prepare for conference with Richard Ignoffo, Esq., 1.50 regarding discovery to City 03/13/2023 CJS Review Leisureville's Answer and Affirmative Defenses 0.50 03/13/2023 CJS Review FDOT's Motion to Abate 0.30 03/14/2023 CJS Review Plaintiffs Verified Return of Service upon Florida Department 0.20 of Financial Services 03/14/2023 CJS Review file and prepare for conference with Richard Ignoffo regarding 1.00 discovery 03/14/2023 CJS Review correspondence from Richard Ignoffo regarding conference to 0.20 discuss discovery 03/14/2023 CJS Prepare correspondence to Richard Ignoffo regarding conference to 0.20 discuss discovery 03/14/2023 CJS Review second correspondence from Richard Ignoffo regarding 0.20 conference to discuss discovery 03/14/2023 CJS Prepare second correspondence to Richard Ignoffo regarding conference 0.20 to discuss discovery 407 Invoice Number 74599 Page 2 03/14/2023 CJS Continued preparation for and attend conference with Richard Ignoffo 1.00 regarding Answers to Interrogatories and Response to Request for Production 03/15/2023 CJS Review correspondence from Richard Ignoffo, Esq., regarding 0.20 documents responsive to request for production 03/15/2023 CJS Prepare correspondence to Richard Ignoffo, Esq., regarding documents 0.20 responsive to request for production 03/15/2023 CJS Review second correspondence from Richard Ignoffo, Esq., regarding 0.20 documents responsive to request for production 03/15/2023 CJS Prepare second correspondence to Richard Ignoffo, Esq., regarding 0.20 documents responsive to request for production 03/15/2023 CJS Review documents responsive to Plaintiffs Request for Production 1.00 03/15/2023 CJS Prepare correspondence to Richard Ignoffo regarding the City's answers 0.20 to Plaintiffs interrogatories 03/16/2023 CJS Revise and finalize City's Answers to Interrogatories 1.50 03/16/2023 CJS Review materials produced by Richard Ignoffo responsive to the request 1.00 for production 03/16/2023 CJS Revise and finalize City's Response to Request for Production 1.50 03/16/2023 CJS Prepare correspondence to Richard Ignoffo regarding answers to 0.20 interrogatories 03/16/2023 CJS Review correspondence from Richard Ignoffo regarding signed jurat 0.20 page 03/16/2023 CJS Draft the City's responses to Plaintiffs interrogatories and request for 1.30 production 03/16/2023 CJS Prepare correspondence to W. David Bennett, Esq., Carlos A. Bodden, 0.20 Esq., Victor R. Guzman, Esq., and Chantel C. Wonder, Esq. regarding the City's responses to Plaintiffs interrogatories and request for production 03/20/2023 CJS Draft a case status report in response to the audit inquiry to the City 0.50 03/21/2023 CJS Review correspondence from Michael Cirullo, Esq., regarding audit 0.20 response 03/21/2023 CJS Revise and finalize City's response to audit 0.30 03/21/2023 CJS Prepare correspondence to Michael Cirullo, Esq., regarding audit 0.20 response 03/27/2023 EBJ Review correspondence from Cindy Rogozin regarding status 0.30 03/27/2023 CJS Review correspondence from Tori Maxwell regarding status and initial 0.20 case evaluation 03/27/2023 CJS Prepare correspondence to Tori Maxwell regarding status and initial case 0.20 evaluation 03/28/2023 CJS Draft an initial case evaluation and litigation budget 1.50 03/30/2023 CJS Revise and finalize initial case evaluation and budget to FMIT 1.00 408 Invoice Number 74599 Page 3 03/30/2023 CJS Prepare correspondence to Tori Maxwell regarding our initial case 0.20 evaluation and budget in this matter Total Professional Services: $4,455.00 Stearns, Chris J. 19.50 225.00 $4,387.50 Johnson, E. Bruce 0.30 225.00 $67.50 DISBURSEMENTS 0313112023 Printing and Imaging Services 30.80 Total Expenses Advanced: $30.80 Summary: Total professional services $4,455.00 Total expenses incurred +$30.80 Total Amount Billed $4,485.80 Less Pre -Paid Applied $0.00 Please Pay this Amount $4,485.80 409 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 April 26, 2023 Billed Through 03/31/2023 Invoice 74598 / EBJ 00281 43019 Via: claims@bbfl.us Diana Taylor City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Natalie Flake vs. City of Boynton Beach (Tristar Claim No. 20818346) FOR PROFESSIONAL SERVICES RENDERED: 03/01/2023 CJS Multiple correspondences with mediator and all counsel regarding 0.50 mediation 03/01/2023 CJS Prepare correspondence to Richard Ignoffo regarding confirmation and 0.10 zoom link to attend mediation 03/03/2023 CJS Review file and prepare for mediation 3.30 03/03/2023 CJS Review correspondence from Plaintiff to Court regarding e -calendar call 0.30 03/03/2023 CJS Review correspondence from Plaintiffs attorney concerning submission 0.20 of e -calendar call form to Judge 03/03/2023 CJS Review correspondence from Plaintiffs attorney to Judge Cheesman with 0.20 e -calendar call form 03/06/2023 WHJ Analyze claim file, discovery, and procedural history of case in 2.50 anticipation of drafting motion to continue trial 03/06/2023 WHJ Draft Motion to Continue trial and incorporated memo of law 1.60 03/06/2023 WHJ Draft consent to continue trial for client's signature to be filed 0.30 concurrently with motion to continue trial 03/06/2023 WHJ Prepare Notice Of Appearance/Notice Of Email Designation 0.20 03/06/2023 CJS Continued preparation for and attend mediation 1.00 03/06/2023 CJS Prepare correspondence to Donna Cruz regarding mediation 0.20 03/06/2023 CJS Review correspondence from Donna Cruz regarding mediation 0.20 03/06/2023 CJS Review correspondence from Ryan Wechsler, Esq., regarding Plaintiffs 1.00 recent surgery, surgical report and medical bills . 410 03/06/2023 CJS 03/06/2023 CJS 03/06/2023 CJS 03/06/2023 CJS 03/06/2023 MCN 03/07/2023 WHJ 03/07/2023 WHJ 03/07/2023 WHJ 03/07/2023 CJS 03/07/2023 CJS 03/08/2023 WHJ 03/09/2023 CJS 03/10/2023 WHJ 03/10/2023 WHJ 03/10/2023 WHJ 03/10/2023 WHJ 03/10/2023 WHJ 03/10/2023 WHJ 03/10/2023 WHJ 03/13/2023 CJS 03/13/2023 CJS 03/13/2023 CJS 03/14/2023 WHJ 03/14/2023 CJS 03/14/2023 CJS Invoice Number 74598 Page 2 Prepare correspondence to Richard Ignoffo regarding Plaintiffs surgery and updated medicals Review correspondence from Richard Ignoffo regarding attendance at mediation Review Mediation Report Prepare the City's response to Plaintiffs request for records produced by Akumin Prepare and compile Plaintiffs records produced by Akumin Revise and finalize City's motion for trial continuance and incorporated memo of law Prepare correspondence to Ryan Weschler, Esq., concerning City's motion to continue trial Review correspondence from Ryan Weschler, Esq., concerning City's motion to continue trial Review correspondence from Diana Perez regarding questions following mediation related to damages, exposure and future handling of the claim Prepare correspondence to Diana Perez answering all of Diana Perez' questions related to exposure, damages and future handling of the claim Prepare Notice of Hearing on Motion for Continuance Review correspondence from Nichole Ludemann at Matrix Mediation Draft City's version of pretrial stipulation in conformity with Court's trial order Prepare correspondence to Ryan Weschler, Esq., concerning City's version of pretrial stipulation Analyze voluminous file documents and filings provided by co -counsel in anticipation of future discovery and preparation for trial Review correspondence from Plaintiff s attorney regarding joint pretrial stipulation Prepare correspondence to Ryan Wechsler, Esq., regarding joint pre-trial stipulation Review correspondence from Ryan Wechsler, Esq., regarding joint pre-trial stipulation Prepare second correspondence to Ryan Wechsler, Esq., regarding joint pre-trial stipulation Review correspondence from Richard Ignoffo regarding consent to continue trial Prepare correspondence to Richard Ignoff regarding consent Review City's executed consent to continue trial Prepare City's Notice of Filing Consent to Continue Trial Review correspondence from Richard Ignoffo regarding evaluation and potential offer to Plaintiff Prepare correspondence to Richard Ignoffo regarding offer 0.30 0.10 0.20 0.30 0.20 0.80 0.20 0.20 0.30 0.30 0.20 0.20 1.80 0.20 2.80 0.20 0.20 0.20 0.10 0.20 0.20 0.20 0.20 0.20 0.20 411 Invoice Number 74598 Page 3 03/14/2023 CJS Telephone conference with Richard Ignoffo regarding status 0.30 03/15/2023 CJS Review correspondence from Mike Cirullo, Esq., to Tenille Decoste and 0.20 Richard Ignoffo, Esq., regarding status and potential shade session 03/15/2023 CJS Review correspondence from Tenille Decoste regarding obtaining 0.20 $200,000 in authority 03/15/2023 CJS Review correspondence from Richard Ignoffo regarding good faith offer 0.20 of $125,000 and City's liability exposure 03/15/2023 CJS Review correspondence from Tenille Decoste regarding agreement with 0.20 Richard Ignoffo 03/15/2023 CJS Review correspondence from Mike Cirullo, Esq., to Tenille Decoste and 0.20 Richard Ignoffo regarding agreement to shade session, briefing and public request 03/17/2023 CJS Review correspondence from Michael Cirullo, Esq., regarding cliff notes 0.20 summary for Commission 03/17/2023 CJS Prepare correspondence to Michael Cirullo, Esq., regarding cliff notes 0.30 summary for Commission 03/17/2023 CJS Draft a case status report in response to the audit inquiry to the City 1.00 03/21/2023 WHJ Prepare for hearing on City's motion to continue trial 0.50 03/21/2023 CJS Review correspondence from Michael Cirullo, Esq., regarding audit 0.20 response 03/21/2023 CJS Revise and finalize City's response to audit 0.30 03/21/2023 CJS Prepare correspondence to Michael Cirullo, Esq., regarding audit 0.20 response 03/22/2023 WHJ Continued preparation for and attend on City's Motion to Continue Trial 1.80 03/22/2023 CJS Review correspondence from Ryan Wechsler, Esq., regarding objection 0.20 to subpoena 03/22/2023 CJS Prepare correspondence to Ryan Wechsler, Esq., regarding objection to 0.20 subpoena and surgical records 03/22/2023 CJS Prepare correspondence to the records custodian for Brain and Spine 0.20 Center South Florida requesting Plaintiffs updated records 03/22/2023 CJS Prepare a notice of production from non-party 0.30 03/22/2023 CJS Prepare a subpoena duces tecum directed to Delray Beach Surgery 0.20 Center 03/22/2023 MCN Prepare correspondence to Ryan Wechsler, Esq. regarding the subpoena 0.20 duces tecum directed to Delray Beach Surgery Center 03/23/2023 CJS Review Plaintiffs Request for Records 0.20 03/27/2023 CJS Review subpoena duces tecum directed to Delray Beach Surgery Center 0.20 in response to objections 03/27/2023 CJS Prepare correspondence to Ryan Wechsler, Esq. regarding the 0.20 modifications made to the subpoena duces tecum directed to Delray Beach Surgery Center 412 Invoice Number 74598 Page 4 03/27/2023 CJS Review of correspondence from Ryan Wechsler, Esq. regarding 0.20 additional modifications to be made to the subpoena duces tecum directed to Delray Beach Surgery Center 03/27/2023 CJS Prepare additional modifications to the subpoena duces tecum directed to 0.20 Delray Beach Surgery Center 03/27/2023 CJS Prepare second correspondence to Ryan Wechsler, Esq. regarding the 0.20 additional modifications to subpoena duces tecum directed to Delray Beach Surgery Center 03/27/2023 CJS Review of second correspondence from Ryan Wechsler, Esq. regarding 0.20 the additional modifications to subpoena duces tecum directed to Delray Beach Surgery Center 03/28/2023 CJS Review correspondence from Lynn Swanson regarding conference with 0.20 City Manager and City Attorney 03/28/2023 CJS Prepare correspondence to Lynn Swanson regarding conference with 0.20 City Manager and City Attorney 03/29/2023 CJS Review correspondence from Renee Krieger to Judge regarding 0.20 Plaintiff's Proposed Pretrial Stipulation 03/30/2023 CJS Review Plaintiffs medical records and surgical records in preparation for 2.00 conference with Mike Cirullo, Esq., Tenille Decoste, Richard Ignoffo, and City Manager 03/30/2023 CJS Attend conference with Mike Cirullo, Esq., Tenille Decoste, Richard 1.00 Ignoffo, and City Manager Dan Duggar regarding evaluation of case, settlement and drop prospects 03/30/2023 CJS Review Plaintiffs Pretrial Stipulation 0.80 Total Professional Services: $7,722.50 Stearns, Chris J. 20.10 225.00 $4,522.50 Nunez, Michelle C. 0.40 125.00 $50.00 Johnson IV, W. Hampton 14.00 225.00 $3,150.00 DISBURSEMENTS 0311612023 Federal Express; Invoice # 806683436; Express Mail to Ryan Wechsler, 11.36 Esquire, Pompano Beach, FL 0312212023 Facsimile charges 2.00 0313112023 Printing and Imaging Services 9.45 Summary: Total professional services Total Expenses Advanced: $22.81 $7,722.50 413 Total expenses incurred Total Amount Billed Less Pre -Paid Applied Please Pay this Amount Invoice Number 74598 +$22.81 $7,745.31 $0.00 $7,745.31 Page 5 414 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 April 26, 2023 Billed Through 03/31/2023 Invoice 74595 / CJS 00281 43018 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Scott Reibman vs. City of Boynton Beach (Tristar claim no.: FOR PROFESSIONAL SERVICES RENDERED: $157.50 03/21/2023 CJS Review correspondence from Michael Cirullo, Esq., regarding audit 0.20 response $0.00 03/21/2023 CJS Revise and finalize City's response to audit 0.30 03/21/2023 CJS Prepare correspondence to Michael Cirullo, Esq., regarding audit 0.20 response Total Professional Services: $157.50 Stearns, Chris J. 0.70 225.00 $157.50 DISBURSEMENTS Summary: Total professional services $157.50 Total Amount Billed $157.50 Less Pre -Paid Applied $0.00 Please Pay this Amount $157.50 415 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 April 26, 2023 Billed Through 03/31/2023 Invoice 74594 / CJS 00281 30233 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Sharon Tasha Ford vs. City of Boynton Beach, Robert Kellman, Ricky Lauture and Russell Faine FOR PROFESSIONAL SERVICES RENDERED: $270.00 03/20/2023 JHR Draft and review summary of plaintiffs allegations and proceedings to 0.70 date for audit response $0.00 03/21/2023 CJS Review correspondence from Michael Cirullo, Esq., regarding audit 0.20 response 03/21/2023 CJS Revise and finalize City's response to audit 0.30 Total Professional Services: $270.00 Stearns, Chris J. 0.50 225.00 $112.50 Railey, Jonathan H. 0.70 225.00 $157.50 DISBURSEMENTS Summary: Total professional services $270.00 Total Amount Billed $270.00 Less Pre -Paid Applied $0.00 Please Pay this Amount $270.00 ROBERTS, REYNOLDS, BEDARD & 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 TUZZIO, PLLC City of Boynton Beach April 26, 2023 Attn: Tennille DeCoste Bill No. 72971 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: City of Boynton Beach 032 MATTER: Smith (Joseph) v. Sohn et al. 22369 Claim # BILL FOR FEES AND COSTS THROUGH 03/31/23 PROFESSIONAL SERVICES Date Services Attorney Hours 03/01/23 Communicate/Other External correspondence with defense AGB 0.10 counsel re: need for extension of time to file reply to Plaintiff's Response to Defendants' Motion for Summary Judgment 03/03/23 Communicate/Other External multiple correspondence with AGB 0.30 defense counsel re: Plaintiff's non-compliance with Local Rules, Motion to Strike, and Motion for Extension of Time to File Reply 03/06/23 Receipt and review of Correspondence from Wydler re: draft BLB 0.30 Joint Motion to File Reply and Exceed Page Limit. 03/06/23 Communicate/Other Counsel correspondence to and from SWK 0.30 plaintiff's counsel Nicole Sauvola LaMay re intent for plaintiff to amend statement of material facts and corresponding extension for defendants to respond to same 03/06/23 Communicate/Other Counsel multiple correspondences with all SWK 0.70 counsel for defendants re discussing issues with respect to plaintiffs statement of material facts and requested extension to respond to same and strategy 03/07/23 Receipt and review of Plaintiffs Motion to Permit Paper BLB 0.30 Pleadings and/or Filings. 03/07/23 Receipt and review of Plaintiffs Motion to Amend Statement of BLB 0.30 Facts. 03/07/23 Receipt and review of Defendant's Joint Motion for Extension of BLB 0.30 Time to Reply to Plaintiffs Response to Motion for Summary Judgment and Motion to Exceed Pages. 03/07/23 Receipt and review of Correspondence from Nicole SWK 0.10 Sauvola-LaMay to Don Stephens re: no objection to proposeed Order on Joint Motion for Extension to File Reply & Exceed Pages. 417 Client: City of Boynton Beach Matter: 22369 - Smith (Joseph) v. Sohn et al. PROFESSIONAL SERVICES Date Services 03/08/23 Communicate/Other External correspondence to all defense counsel re: clarification needed from court on reply to response to Plaintiffs opposition to Motion for Summary Judgment 03/14/23 Receipt and review of Correspondence from Nicole Sauvola LaMay re: request status conference for deadlines. 03/14/23 Receipt and review of Correspondence from Don Stephens to Nicole Sauvola Lamay re: request proposed Amended Response to Joint Motion for Summary Judgment with deadlines. April 26, 2023 Page 2 Attorney Hours AGB 0.10 BLB 0.30 BLB 0.20 03/14/23 Receipt and review of Correspondence from Nicole Sauvola BLB 0.20 Rate LaMay requesting extension to file Amended Statement of Fact. AGB 03/14/23 Receipt and review of Court's Order Vacating Order on BLB 0.10 240.00 Defendant's Motion for Extension of Time to Reply and Exceed Benjamin L. Bedard, Partner 2.30 Pages. 425.50 03/14/23 Receipt and review of Court's Order on Motion for Clarification. BLB 0.10 03/14/23 Receipt and review of Court's Order on Motion to Amend BLB 0.10 Correct. 03/14/23 Receipt and review of Court's Order on Motion for Extension of BLB 0.10 Time to File Reply to Response in Opposition to Motion for Summary Judgment. 03/15/23 Communicate/Other Counsel multiple correspondence with all SWK 0.60 Defense counsel re Plaintiffs Statement of Material Facts, strategy going forward and Motion to Strike. 03/17/23 Communicate/Other External correspondence to and from all AGB 0.10 defense counsel re: Motion to Strike Plaintiff's Amended Statement of Material Facts and Response in Opposition to Defendants Motion for Summary Judgment 03/20/23 Communicate/Other External multiple correspondence with AGB 0.30 defense counsel re: Motion to Strike Plaintiff's Amended Statement of Material Facts 03/20/23 Communicate/Other External multiple correspondence with all AGB 0.30 defense counsel re: need to confer with Plaintiff before filing Motion to Strike Amended Statement of Material Facts 03/21/23 Communicate/Other External multiple correspondence with all AGB 0.30 defense counsel re: Plaintiff's counsel unable to confer and adding paragraph regarding conferral to Joint Motion to Strike PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 1.50 160.00 240.00 BLB Benjamin L. Bedard, Partner 2.30 185.00 425.50 SWK Stephanie W. Kaufer, Partner 1.70 185.00 314.50 418 Client: City of Boynton Beach Matter: 22369 - Smith (Joseph) v. Sohn et al. PROFESSIONAL SERVICES SUMMARY Code Name Hours Total Professional Services 5.50 CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: April 26, 2023 Page 3 Rate Amount $980.00 980.00 7,027.77 -7,027.77 $ 980.00 419 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 72971 Bill Date: April 26, 2023 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 22369 Matter Name: Smith (Joseph) v. Sohn et al. Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 980.00 0.00 $ 980.00 7,027.77 -7,027.77 $ 980.00 0.00 $980.00 420 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 Tristar Risk Management Attn: Karen Klein P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT: Gallagher Bassett Services, Inc. MATTER: Readon v. Boynton Beach Claim #001470 -000396 -AB -01 BILL FOR FEES AND COSTS THROUGH 03/31/23 PROFESSIONAL SERVICES April 26, 2023 Bill No. 72972 138 18187 Date Services Attorney Hours 03/02/23 Communicate/With Client multiple correspondence to and from SWK 0.40 Karen Klein of TriStar re status update and issues with respect to setting hearing on motion for summary judgment PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount SWK Stephanie W. Kaufer, Partner 0.40 185.00 74.00 Total Professional Services 0.40 $74.00 CURRENT BILL TOTAL AMOUNT DUE $ 74.00 Balance Forward: 18.50 Payments & Adjustments: -18.50 Total Due: $ 74.00 421 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 72972 Bill Date: April 26, 2023 Client Code: 138 Client Name: Gallagher Bassett Services, Inc. Matter Code: 18187 Matter Name: Readon v. Boynton Beach Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 74.00 0.00 $ 74.00 18.50 -18.50 $ 74.00 0.00 $74.00 422 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 May 13, 2023 Billed Through 04/30/2023 Invoice 74875 / JLH 00281 42094 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Ultimate Bakery and Pastry, Inc. vs. City of Boynton Beach (22879963) FOR PROFESSIONAL SERVICES RENDERED: $337.50 04/13/2023 JLH Review letter from Lynn Swanson regarding conference call to address 0.10 $0.00 settlement agreement compliance; prepare responding letter $337.50 04/17/2023 JLH Review letter regarding conference call on April 18 0.10 04/17/2023 JLH Review file and prepare for April 18 conference call 0.50 04/18/2023 JLH Attendance of 4/18 conference call; memo to file regarding conference 0.80 call on 5/15 and motion to compel settlement compliance Total Professional Services: $337.50 Hochman, J L 1.50 225.00 $337.50 DISBURSEMENTS Summary: Total professional services $337.50 Total Amount Billed $337.50 Less Pre -Paid Applied $0.00 Please Pay this Amount $337.50 423 LLONGLEWIS MAN LW WALKER City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: 3772 - CITY OF BOYNTON BEACH Re: 004 Litgation - JKM Town Square 360 South Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 Tel 561-640-0820 Fax 561-640-8202 Tax. ID No. 65-0500793 May 16, 2023 Invoice No. KBR-152358 Date Services Hours 04/25/23 KBR Receive and review confirmation of case dismissal. 0.20 Summary of Services Rate Hours KBR Rossmell, Kathryn B. 385.00 0.20 Total for Services 0.20 Total for Services and Expenses Previous Balance Payments Since Last Invoice Amount Due Amount 77.00 Amount 77.00 $77.00 $77.00 77.00 -77.00 $77.00 424 Invoice No. KBR-152358 Invoice Date: May 16, 2023 Client Code: 3772 Client Name: CITY OF BOYNTON BEACH Matter Code: 004 Matter Name: Litgation - JKM Town Square Total for Services and Expenses $77.00 Previous Balance 77.00 Payments Since Last Invoice -77.00 Amount Due $77.00 Amount enclosed: Please remit checks to: Lewis, Longman & Walker, P.A. PO Box 628742 Orlando, FL 32862-8742 For your convenience, we accept credit card and e -check payments online at: http://www.11w-law.com/template/payment/ For billing questions, please contact our Billing Department at: (561) 640-0820. 425 LEWIS LLONGMAN a M LW WALKER w�imm City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: 3772 - CITY OF BOYNTON BEACH Re: 003 Town Square Development Agreement Date Services 04/03/23 KBR Email communication with M. Lynn regarding assignment. 360 South Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 Tel 561-640-0820 Fax 561-640-8202 Tax ID No. 65-0500793 May 16, 2023 Invoice No. KBR-152357 04/04/23 KBR Receive and review email correspondence from M. Cirullo regarding Florida Department of Transportation license package. 04/06/23 KBR Receive and review various email correspondence concerning Florida Department of Transportation Boynton Beach Boulevard documentation and related agenda item; review and analyze Letter of Assignment; email communication with M. Lynn regarding same and requested additions. 04/07/23 KBR Assemble assignment language from various agreements for examination by City attorney; email correspondence with M. Cirullo regarding same. Hours Amount 0.10 38.50 0.20 77.00 WE 1.10 04/10/23 KBR Email communication with M. Lynn regarding logistics 0.90 issue; various telephone conferences with M. Cirullo regarding same; telephone conference with M. Lynn and M. Cirullo regarding closing logistics; related research; telephone conference with M. Lynn. 04/12/23 KBR Telephone conference with D. Doody concerning 0.70 disclosures in land exchange; related email communication with same regarding same; Various telephone conferences with M. Lynn and M. Cirullo regarding closing. 423.50 346.50 269.50 426 Client Ref: 3772-003 May 16, 2023 Invoice No. KBR-152357 Page 2 Date Services Hours Amount 04/13/23 KBR Receive message from S. Grave de Peralta; 0.60 231.00 telephone conference with and email communication with D. Doody concerning Land Exchange Agreement and Owner's Affidavit; email communication with M. Cirullo regarding communication with Commissioners. 04/14/23 KBR Telephone conference with M. Lynn regarding 0.30 115.50 property appraisals; various email communication with same regarding same. 04/18/23 KBR Telephone conference with M. Cirullo regarding 0.30 115.50 status of closing and next steps. 04/19/23 KBR Various coordination with M. Cirullo and M. Lynn 0.50 192.50 regarding receipt and form of various closing and final documents. 04/20/23 KBR Receive email communication from M. Lynn 0.90 346.50 concerning effective date of various agreements; review agreements for same; responsive email communication with M. Lynn and M. Cirullo; receive and review email correspondences concerning escrow agreement release. 04/21/23 KBR Receive and review notices of assignment; various 0.50 192.50 email communications with M. Lynn concerning same. 04/24/23 KBR Various email and telephone coordination and 0.90 346.50 correspondence with M. Cirullo and M. Lynn regarding document recordation; coordination with office concerning preparation of client materials. 04/25/23 KBR Coordination with office concerning preparation of 0.40 154.00 material binders for clients upon project completion; receive and review email correspondence from M. Cirullo regarding Florida Department of Transportation license agreement; receive and review email correspondence from M. Cirullo regarding closing and release of documents from escrow. 04/29/23 KBR Email communication with M. Lynn and M. Cirullo 0.20 77.00 regarding document recordation. 427 Client Ref: 3772-003 Invoice No. KBR-152357 Date Services 04/30/23 KBR Various email communications with M. Cirullo regarding recordation of project documents. Summary of Services KBR Rossmell, Kathryn B. Total for Services May 16, 2023 Page 3 Hours Amount 0.20 77.00 Rate Hours Amount 385.00 8.60 3,311.00 8.60 $3,311.00 Total for Services and Expenses Previous Balance Payments Since Last Invoice Amount Due $3,311.00 4,196.50 -4,196.50 $3,311.00 428 Invoice No. KBR-152357 Invoice Date: May 16, 2023 Client Code: 3772 Client Name: CITY OF BOYNTON BEACH Matter Code: 003 Matter Name: Town Square Development Agreement Total for Services and Expenses $3,311.00 Previous Balance 4,196.50 Payments Since Last Invoice -4,196.50 Amount Due $3,311.00 Amount enclosed: Please remit checks to: Lewis, Longman & Walker, P.A. PO Box 628742 Orlando, FL 32862-8742 For your convenience, we accept credit card and e -check payments online at: http://www.11w-law.com/template/payment/ For billing questions, please contact our Billing Department at: (561) 640-0820. 429 LEWIS LLONGMAN a M LW WALKER w�imm City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 Revised CLIENT: 3772 - CITY OF BOYNTON BEACH Re: 005 Litgation - E21- Town Square Date Services 360 South Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 Tel 561-640-0820 Fax 561-640-8202 Tax ID No. 65-0500793 May 22, 2023 Invoice No. KBR-152359 Hours Amount 04/02/23 KBR Review and analyze case law in JKM's Motion to 9.00 3,465.00 Dismiss and Plaintiff's Response; prepare anticipated rebuttal argument; draft additional oral argument; review Phase 1 Services Agreement, Phase 2 Services Agreement, Amendments, Complaint, Motion to Dismiss and case law for same. 04/03/23 LKW Receive and review E21- Real Estate Solutions, LLC's 0.70 164.50 Response in Opposition to JKM Developers' Motion to Dismiss and electronically catalogue same; receive and review E21- Real Estate Solutions, LLC's Response in Opposition to City of Boynton Beach's Motion to Dismiss and electronically catalogue same; update hearing binder; prepare and file T. Duhy's Notice of Appearance and Designation of Email Addresses. 04/03/23 KBR Work session with T. Duhy and R. Diffenderfer 3.90 1,501.50 regarding Motion to Dismiss Hearing strategy; revise presentation in response to same; prepare presentation; email communication with M. Cirullo regarding same; prepare selected passages from contracts for use in hearing. 04/03/23 TWD Review pleadings; prepare for and attend work 2.50 962.50 session with K. Rossmell regarding preparation for hearing on Motion to Dismiss and strategy regarding same; follow up. 430 Client Ref: 3772-005 May 22, 2023 Invoice No. KBR-152359 Page 2 Date Services Hours Amount 04/04/23 TWD Prepare for and attend Hearing on Motions to 1.50 577.50 Dismiss; follow up with K. Rossmell regarding same. 04/04/23 KBR Prepare for and attend Motion to Dismiss hearing; 4.80 1,848.00 follow up with M. Cirullo regarding same; follow up notes regarding preparation of proposed order; email communication with R. Gache regarding proposed orders. 04/05/23 KBR Correspondence with Court Reporter concerning 1.20 462.00 hearing transcript; analyze hearing notes for use in drafting Proposed Order. 04/06/23 KBR Email communication with R. Gache regarding 0.30 coordinating proposed order review; coordination with court reporter concerning ordering transcript. 04/10/23 LKW Prepare correspondence to judicial assistant 0.20 regarding the pending Order on Defendant's Motion to Dismiss and the scheduled Case Management Conference; update database for response. 04/10/23 KBR Begin drafting Proposed Order on Motion to Dismiss; 3.60 related case law research and document review; receive and review hearing transcript for same. 04/11/23 KBR Various telephone conferences with M. Lynn and M. 0.60 Cirullo regarding property closing logistics. 04/12/23 KBR Draft and revise Proposed Order with focus on 2.20 hearing discussion points reflected in transcript and notes; receive and review email correspondence from related email communication from R. Gache. 04/13/23 LKW Review Second Amended Complaint and all exhibits 2.20 attached thereto; research SunBiz for the corporate officer information for Plaintiff and all JKM defendants; review discovery responses and other discovery documents to determine all individuals to be listed on the City of Boynton Beach's fact witness list in preparation of same; draft City of Boynton Beach's Fact and Expert Witness List listing 94 fact witnesses; forward to counsel for review. 115.50 F 1,386.00 231.00 847.00 517.00 431 Client Ref: 3772-005 Invoice No. KBR-152359 May 22, 2023 Page 3 Date Services Hours Amount 04/13/23 KBR Draft and revise Proposed Order on Motion to 3.70 1,424.50 Dismiss; email communication with L. Woods concerning fact and expert witness disclosures; various coordination with R. Gache and S. Simon regarding proposed order. 04/14/23 LKW Team meeting with K. Rossmell to discuss status of case and upcoming deadlines; review Order Approving Agreed Case Management Plan and Agreed Case Management Plan; prepare Notice of Agreement to Extend Deadlines; review and finalize Proposed Order on City of Boynton Beach's Motion to Dismiss Verified Second Amended Complaint and Demand for Jury Trial; prepare correspondence to the Court forwarding same, copying all parties; update database for receipt of executed order. 04/14/23 KBR Finalize Proposed Order on City's Motion to Dismiss; various telephone conferences and email communication with R. Gache and S. Simon regarding same; draft and revise cover letter to judge concerning same; work session with L. Wood concerning discovery extension notice; telephone conference with T. Allison concerning same; telephone conference with R. Gache concerning same and Proposed Orders; review and analyze JKM Defendants' multiple draft Proposed Orders for comments prior to filing; coordination with staff concerning finalization and filing of Proposed Order and letter. 04/16/23 KBR Review and analyze Plaintiff's cover letter and Proposed Order in response to City's Motion to Dismiss; review and analyze Plaintiff's cover letter and Proposed Order in response to JKM Defendants' Motion to Dismiss; review and analyze multiple Proposed Orders and cover letters filed by JKM Defendants. 1.60 •E MU 376.00 346.50 432 Client Ref: 3772-005 Invoice No. KBR-152359 Date Services Hours 04/17/23 LKW Receive and review correspondence from T. Allison 0.60 to the Court with a proposed Order Denying JKM Defendants' Motion to Dismiss Verified Second Amended; electronically catalogue same; receive and review correspondence from T. Allison to the Court with a proposed Order Denying City of Boynton Beach's Motion to Dismiss Verified Second Amended; electronically catalogue same; update database for receipt of executed order. 04/20/23 KBR Review draft Notice of Unavailability; coordination 0.20 with office concerning revisions to same. May 22, 2023 Page 4 Amount 141.00 77.00 04/21/23 KBR Various email communications with R. Gache and T. 1.80 693.00 Allison regarding deadline extensions; telephone conference with T. Allison concerning same; revise notice to court of same; additional email correspondence; work session with A. Petrick regarding case status; coordination with office concerning filing of extension. 04/24/23 KBR Various coordination with office regarding revised 0.20 77.00 case management deadlines. 04/25/23 LKW Review Agreed Case Management Plan; review the 0.90 211.50 as -filed Notice of Agreement to Extend Deadlines; update trial deadline chart with new deadlines; update calendar with same. 04/25/23 KBR Coordination with office concerning Notice of 0.30 115.50 Unavailability; email communication with M. Cirullo regarding orders on Motion to Dismiss. 04/29/23 KBR Coordination with office concerning revisions to 0.10 38.50 Notice of Unavailability. Summary of Services Rate Hours Amount TWD Duhy, Tara W. 385.00 4.00 1,540.00 KBR Rossmell, Kathryn B. 385.00 37.70 14,514.50 LKW Wood, Lisa K. 235.00 6.20 1,457.00 Total for Services 47.90 $17,511.50 Date Expenses Amount 433 Client Ref: 3772-005 Invoice No. KBR-152359 Date Expenses 04/06/23 Court Reporter for Motion to Dismiss Hearing -First Hour Takedown Fee - Esquire Deposition Solutions, LLC 04/11/23 Invoice 291577 - Motion Hearing Transcript before Judge Keyser on April 4, 2023 - Lexitas Total Expenses Total for Services and Expenses Previous Balance Payments Since Last Invoice Amount Due May 22, 2023 Page 5 Amount 135.00 418.14 $553.14 $18,064.64 9,920.00 -9,920.00 $18,064.64 434 Invoice No. KBR-152359 Invoice Date: May 22, 2023 Client Code: 3772 Client Name: CITY OF BOYNTON BEACH Matter Code: 005 Matter Name: Litgation - E21- Town Square Total for Services and Expenses $18,064.64 Previous Balance 9,920.00 Payments Since Last Invoice -9,920.00 Amount Due $18,064.64 Amount enclosed: Please remit checks to: Lewis, Longman & Walker, P.A. PO Box 628742 Orlando, FL 32862-8742 For your convenience, we accept credit card and e -check payments online at: http://www.11w-law.com/template/payment/ For billing questions, please contact our Billing Department at: (561) 640-0820. 435 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 Tristar Risk Management May 23, 2023 Attn: Karen Klein Bill No. 73526 P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT: Gallagher Bassett Services, Inc. 138 MATTER: Readon v. Boynton Beach 18187 Claim #001470 -000396 -AB -01 BILL FOR FEES AND COSTS THROUGH 04/30/23 PROFESSIONAL SERVICES Date Services Attorney Hours 04/13/23 Receipt and review of Notice of taking the deposition of Lex SWK 0.10 Eugene by plaintiff. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount SWK Stephanie W. Kaufer, Partner 0.10 185.00 18.50 Total Professional Services 0.10 $18.50 CURRENT BILL TOTAL AMOUNT DUE $ 18.50 Balance Forward: 74.00 Payments & Adjustments: -74.00 Total Due: $ 18.50 436 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 73526 Bill Date: May 23, 2023 Client Code: 138 Client Name: Gallagher Bassett Services, Inc. Matter Code: 18187 Matter Name: Readon v. Boynton Beach Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 18.50 0.00 $ 18.50 74.00 -74.00 $ 18.50 0.00 $18.50 437 ROBERTS, REYNOLDS, BEDARD & 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 TUZZIO, PLLC City of Boynton Beach May 23, 2023 Attn: Tennille DeCoste Bill No. 73524 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: City of Boynton Beach 032 MATTER: Smith (Joseph) v. Sohn et al. 22369 Claim # BILL FOR FEES AND COSTS THROUGH 04/30/23 PROFESSIONAL SERVICES Date Services Attorney Hours 04/03/23 Receipt and review of Court's Order on Defendant's Motion to BLB 0.10 Dismiss. 04/03/23 Receipt and review of Plaintiffs Amended Response in BLB 0.30 Opposition to Defendant's Motion for Summary Judgment. 04/03/23 Receipt and review of Plaintiffs Statement of Facts on BLB 0.60 Amended Response to Defendant's Motion for Summary Judgment. 04/05/23 Communicate/Other External multiple correspondence with all AGB 0.40 defense counsel re: Court's Order on Motion to Dismiss and strategy to reply to Plaintiff's Response 04/06/23 Communicate/Other External multiple correspondence with all AGB 0.20 defense counsel re: filing reply to Plaintiff's Response to Motion for Summary Judgment while needing clarification on Order on Motion to Dismiss 04/10/23 Communicate/Other External correspondence to all defense AGB 0.10 counsel re: draft reply to Plaintiffs Response to Motion for Summary Judgment and agreement to moving to strike amended Reply Statement of Material Facts 04/12/23 Receipt and review of Plaintiffs Second Amended Response in BLB 0.60 Opposition to Defendant's Motion for Summary Judgment. 04/12/23 Receipt and review of Plaintiffs Second Amended Response in BLB 1.10 Opposition to Defendant's Statement of Facts. 04/12/23 Communicate/Other External correspondence to all defense AGB 0.10 counsel re: strategy in light of Plaintiff's Third Amended Response in Opposition to Motion for Summary Judgment 04/17/23 Receipt and review of Correspondence from defense counsel SWK 0.30 re: Reply to Plaintiffs Response to Motion to Dismiss. 438 Client: City of Boynton Beach May 23, 2023 Matter: 22369 - Smith (Joseph) v. Sohn et al. Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 04/18/23 Communicate/Other External multiple correspondence with AGB 0.50 defense counsel re: strategy regarding Reply to Plaintiff's Response in Opposition to Motion for Summary Judgment and extension to file same 04/18/23 Review/Analyze co-defendant's draft Motion for Extension of AGB 0.20 Time to file Reply to Plaintiff's Response in Opposition to Joint Motion for Summary Judgment to determine any necessary revisions 04/18/23 Receipt and review of Defendant's second joint motion for SWK 0.20 extension of time to file response in support of motion for summary judgment and reply to statement facts and proposed order on same. 04/19/23 Communicate/Other External correspondence from Plaintiffs AGB 0.10 counsel re: no objection to extension to file reply 04/19/23 Review/Analyze Notice of Supplementing Joint Motion for AGB 0.20 Extension of Time to determine necessary revisions prior to submitting to Court 04/19/23 Communicate/Other External correspondence to all counsel re: AGB 0.10 Supplement to Motion for Extension of Time approved to file 04/24/23 Receipt and review of Correspondence from Nicole SWK 0.30 Sauvola-LaMay re: working on draft response. 04/24/23 Preparation of Correspondence to and from Mark Sohn re: BLB 0.20 status of case. 04/25/23 Draft/Revise additional revisions to Joint Reply in Response to AGB 1.80 Plaintiffs' Opposition to Joint Motion for Summary Judgment 04/25/23 Draft/Revise Defendants' Joint Reply Statement of Material AGB 4.10 Facts 04/25/23 Communicate/With Client correspondence to Mark Sohn re SWK 0.40 update on case 04/26/23 Review/Analyze correspondence from Mr. Alexander re: AGB 0.10 approval of Reply Statement of Material Facts and Reply to Plaintiffs Response in Opposition to Defendants' Joint Motion for Summary Judgment 04/26/23 Communicate/Other External correspondence to all defense AGB 0.10 counsel re: revised Reply to Plaintiffs Response in Opposition to Defendants' Joint Motion for Summary Judgment and Reply Statement of Facts 04/27/23 Communicate/Other External correspondence to all defense AGB 0.10 counsel re: Reply Statement of Material Facts and Reply to Plaintiffs Response in Opposition to the Defendants' Joint Motion for Summary Judgment 04/28/23 Draft/Revise additional revisions to Reply Statement of Material AGB 0.60 Facts and Reply in Response to Plaintiffs Opposition to the Defendants' Joint Motion for Summary Judgment pursuant to Ms. Wydler and Mr. Stephens' requests 439 Client: City of Boynton Beach May 23, 2023 Matter: 22369 - Smith (Joseph) v. Sohn et al. Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 04/28/23 Communicate/Other External multiple correspondence with all AGB 0.40 defense counsel regarding additional revisions to Reply Statement of Material Facts and Reply to Plaintiffs Response in Opposition to Defendants' Joint Motion for Summary Judgment PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 9.10 160.00 1,456.00 BLB Benjamin L. Bedard, Partner 2.90 185.00 536.50 SWK Stephanie W. Kaufer, Partner 1.20 185.00 222.00 Total Professional Services 13.20 $2,214.50 CURRENT BILL TOTAL AMOUNT DUE $ 2,214.50 Balance Forward: 980.00 Payments & Adjustments: -980.00 Total Due: $ 2,214.50 440 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 73524 Bill Date: May 23, 2023 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 22369 Matter Name: Smith (Joseph) v. Sohn et al. Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 2,214.50 0.00 $ 2,214.50 980.00 -980.00 $ 2,214.50 0.00 $2,214.50 441 ROBERTS, REYNOLDS, BEDARD & 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 TUZZIO, PLLC City of Boynton Beach May 17, 2023 Attn: Richard Ignaffo Bill No. 73438 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: City of Boynton Beach 032 MATTER: Beecher v. Felix, Neossaint & City of Boynton Beach 22731 Tristar #21870336 BILL FOR FEES AND COSTS THROUGH 04/30/23 PROFESSIONAL SERVICES Date Services Attorney Hours 04/03/23 Receipt and review of e-mail from Ontellus re: status of LHR 0.10 Defendant, City of Boynton Beach's, Request for Copies dated February 28, 2023. 04/05/23 Receipt and review of Plaintiffs Response to Defendant City's LHR 2.10 Request to Produce with responsive documentation attached thereto (201 pgs). 04/05/23 Receipt and review of Plaintiffs Response to Defendant LHR 0.50 Neossaint's Request to Produce with responsive documentation attached thereto (same as documentation produced in response to City's RTP). 04/05/23 Receipt and review of Plaintiffs Response to Defendant LHR 0.50 Neossaint's Request for Admissions. 04/05/23 Receipt and review of e-mail from Plaintiffs counsel Levine re: LHR 0.20 hearing on Defendant Neossaint's Second Motion for Extension of Time to Respond to Plaintiff's Discovery. 04/05/23 Preparation of email response to Plaintiffs counsel Levine re: LHR 0.20 hearing on Defendant Neossaint's Second Motion for Extension of Time to Respond to Plaintiff's Discovery. 04/05/23 Receipt and review of Plaintiffs Notice of Cancellation of LHR 0.20 Hearing on Defendant Neossaint's Second Motion for Extension of Time to Respond to Plaintiff's Discovery. 04/07/23 Preparation of correspondence to Rick Penalta, Esq., counsel LHR 0.30 for Co -Defendant, re follow-up on request to share and split costs of defense expert, Dr. Jordan Grabel. 04/10/23 Receipt and review of Plaintiffs Notice of Hearing on Defendant LHR 0.20 Neossaint's Second Motion for Extension of Time to Respond to Plaintiffs Discovery. 442 Client: City of Boynton Beach May 17, 2023 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 04/12/23 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.20 Penalta to Plaintiffs counsel Levine re: approval of Plaintiffs proposed Agreed Order on Objections to Defendant Neossaint's Notice of Examination of Plaintiff. 04/12/23 Receipt and review of email response from Plaintiffs counsel LHR 0.20 Levine to Co -Defendant's counsel Penalta re: acknowledging and confirming approval of Plaintiff's proposed Agreed Order on Objections to Defendant Neossaint's Notice of Examination of Plaintiff and will submit to Court and cancel tomorrow's hearing on the issue. 04/12/23 Receipt and review of Defendant Neossaint's Notice of Serving LHR 0.20 Proposal for Settlement to Plaintiff. 04/12/23 Preparation of e-mail to Co -Defendant, Rick Penalta, re: no SHP 0.30 objection to the proposed Agreed Order on Plaintiff's Objections to co -Defendant's Request for Medical Examination of Plaintiff. 04/13/23 Correspondence to Claims Rep. Diana Taylor re: Defendant LHR 0.20 Neossaint's Notice of Serving Proposal for Settlement to Plaintiff. 04/20/23 Receipt and review of e-mail from Tristar Rep. Diana Taylor re: LHR 0.20 advising FMIT requires quarterly updated litigation report with 90 litigation plan included, preferred template for same, and advising as to need for Pretrial Report 45 days prior to trial & template for same. 04/20/23 Preparation of email response to Tristar Rep. Diana Taylor re: LHR 0.20 acknowledging directives for FMIT quarterly reports and the Pretrial Report deadline, and will so comply. 04/24/23 Receipt and review of Defendant Neossaint's Response to LHR 0.50 Plaintiffs First Request for Admissions. 04/24/23 Receipt and review of Defendant Neossaint's Response to LHR 0.80 Plaintiffs Request for Production with responsive documentation attached thereto (70 pgs). 04/24/23 Receipt and review of Defendant Neossaint's Privilege Log to LHR 0.30 his Response to Plaintiffs Request to Produce. 04/24/23 Receipt and review of Defendant Neossaint's Unverified LHR 0.50 Answers to Plaintiffs Interrogatories and Notice of Serving same. 04/27/23 Preparation of correspondence to Plaintiffs counsel, Glen LHR 0.30 Levine, re: status of Plaintiff, Julie Beecher's, Answers and Responses to Defendant, City of Boynton Beach's, Interrogatories and Request for Production. 04/27/23 Receipt and review of Plaintiffs Answers to Defendant LHR 0.50 Neossaint's Interrogatories and Notice of Serving same. 04/27/23 Receipt and review of Plaintiffs Answers to Defendant City's LHR 0.50 Interrogatories and Notice of Serving same. 443 Client: City of Boynton Beach Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach PROFESSIONAL SERVICES Date Services PROFESSIONAL SERVICES SUMMARY Code Name Hours LHR Lyman H. Reynolds, Jr., Partner 8.90 SHP Sara H. Ptachik, Associate 0.30 Total Professional Services 9.20 CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: May 17, 2023 Page 3 Attorney Hours Rate Amount 185.00 1,646.50 160.00 48.00 $1,694.50 $ 1,694.50 2,551.50 -2,551.50 $ 1,694.50 444 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 73438 Bill Date: May 17, 2023 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 22731 Matter Name: Beecher v. Felix, Neossaint & City of Boynton Beach Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 1,694.50 0.00 $ 1,694.50 2,551.50 -2,551.50 $ 1,694.50 0.00 $1,694.50 445 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach May 17, 2023 Attn: claims@bbfl.us Bill No. 73437 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: City of Boynton Beach 032 MATTER: Geraci v. Zeller 19132 Adj: Tennille DeCoste BILL FOR FEES AND COSTS THROUGH 04/30/23 PROFESSIONAL SERVICES Date Services Attorney Hours 04/03/23 Preparation of e-mail to City HR Director Tennille DeCoste re: LHR 0.20 Mediation. 04/03/23 Receipt and review of email response from Plaintiffs' counsel LHR 0.20 Eiss re: status of Mediation. 04/03/23 Preparation of email response to Plaintiffs' counsel Eiss re: LHR 0.20 status of Mediation and awaiting City's response. 04/04/23 Telephone conference with City Risk Manager Tennille LHR 0.20 DeCoste re: Mediation. 04/07/23 Receipt and review of e-mail from Plaintiffs' counsel Eiss re: LHR 0.20 status of Mediation. 04/11/23 Receipt and review of e-mail from Plaintiffs' counsel Eiss re: LHR 0.20 Mediation. 04/11/23 Preparation of email response to Plaintiffs' counsel Eiss re: LHR 0.20 Mediation. 04/12/23 Preparation of e-mail to City HR Director Tennille DeCoste re: LHR 0.20 Mediation. 04/12/23 Receipt and review of email response from City HR Director LHR 0.20 Tennille DeCoste re: Mediation. 04/12/23 Preparation of e-mail to Plaintiffs' counsel Eiss re: Mediation. LHR 0.20 04/12/23 Receipt and review of email response from Plaintiffs' counsel LHR 0.20 Eiss re: status of Mediation. 04/13/23 Receipt and review of e-mail from Plaintiffs' counsel Eiss re: LHR 0.10 status of Mediation. 04/14/23 Receipt and review of e-mail from Plaintiffs' counsel Eiss re: LHR 0.20 Mediation. 04/14/23 Preparation of email response to Plaintiffs' counsel Eiss re: LHR 0.20 Mediation. 446 Client: City of Boynton Beach Matter: 19132 - Geraci v. Zeller PROFESSIONAL SERVICES Date Services 04/21/23 Receipt and review of Notice of Mediation Conference & Engagement Letter. 04/21/23 Correspondence to City Risk Manager Tennille DeCoste re: Notice of Mediation. 04/26/23 Receipt and review of e-mail from Tristar Rep. Cindy Rogozin re: advising Ms. Klein is out on medical leave and she will manage file in her absence, and requesting if it was determined if a representative of Tristar would need to attend the upcoming mediation. 04/28/23 Preparation of e-mail to Tristar Rep. Cindy Rogozin re: advising City Representative will attend mediation and no need for Tristar rep to attend as City has necessary authority and does not require Tristar to appear. PROFESSIONAL SERVICES SUMMARY Code Name LHR Lyman H. Reynolds, Jr., Partner Total Professional Services CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: May 17, 2023 Page 2 Attorney Hours LHR 0.40 LHR 0.20 LHR 0.20 LHR Hours Rate 3.70 185.00 3.70 W M Amount 684.50 $684.50 $ 684.50 2,535.50 -2,535.50 $ 684.50 447 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 73437 Bill Date: May 17, 2023 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 19132 Matter Name: Geraci v. Zeller Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 684.50 0.00 $ 684.50 2,535.50 -2,535.50 $ 684.50 0.00 $684.50 448 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 May 22, 2023 Billed Through 04/30/2023 Invoice 74927 / CJS 00281 43043 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: City of Boynton Beach vs. Carrington H. Morris, II (Claim # 22897313) FOR PROFESSIONAL SERVICES RENDERED: 04/03/2023 CJS Review correspondence from Richard Ignoffo regarding restitution 0.20 04/03/2023 CJS Prepare correspondence to Richard Ignoffo regarding restitution 0.20 Total Professional Services: $90.00 Stearns, Chris J. 0.40 225.00 $90.00 DISBURSEMENTS Summary: Total professional services $90.00 Total Amount Billed $90.00 Less Pre -Paid Applied $0.00 Please Pay this Amount $90.00 449 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 May 22, 2023 Billed Through 04/30/2023 Invoice 74928 / EBJ 00281 42070 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Shannon Thompson and Stanley Davis, Jr., for Estate of Stanley Davis III vs. City of Boynton Beach (Tristar claim no.: 22874044) FOR PROFESSIONAL SERVICES RENDERED: Review correspondence from Mike Cirullo, Esq., regarding effects of 04/03/2023 EBJ Prepare correspondence to clients regarding Court's Order to Show 0.20 Cause granting pro se Plaintiffs until March 31, 2023 to retain an Prepare correspondence and recommendations to Mike Cirullo, Esq., 0.30 attorney or advise the court they will proceed pro se regarding current law and options available to Plaintiffs 04/06/2023 EBJ Review multiple correspondences from clients and prepare status update 0.70 0.50 and opinion on validity of Plaintiffs' claim dismissal and future proceedings 04/11/2023 EBJ Review correspondence from Erica Cassalia regarding status of new 0.30 0.10 counsel for Plaintiffs representation of Plaintiffs 04/11/2023 EBJ Prepare correspondence to Erica Cassalia regarding status of new 0.30 0.20 counsel for Plaintiffs of Plaintiffs and confirming representation of City 04/12/2023 EBJ Review Court Order dismissing Plaintiffs' lawsuit without prejudice 0.30 04/12/2023 EBJ Prepare correspondence to clients regarding order of dismissal and 0.30 explanation and recommendation for future actions 04/12/2023 EBJ Telephone conference with Mike Cirullo, Esq., regarding dismissal of 0.30 case 04/12/2023 EBJ Review correspondence from Mike Cirullo, Esq., regarding effects of 0.30 dismissal without prejudice and statute of limitations 04/12/2023 EBJ Prepare correspondence and recommendations to Mike Cirullo, Esq., 0.30 regarding current law and options available to Plaintiffs 04/12/2023 CJS Multiple correspondences with Michael Cirullo, Esq., regarding 0.50 dismissal and future proceedings 04/21/2023 EBJ Review correspondence from Kay Williams, Esq., regarding 0.10 representation of Plaintiffs 04/24/2023 EBJ Prepare correspondence to Kay Williams, Esq., regarding representation 0.20 of Plaintiffs and confirming representation of City 450 04/24/2023 EBJ 04/24/2023 CJS 04/24/2023 CJS 04/24/2023 CJS 04/25/2023 EBJ 04/26/2023 CJS 04/26/2023 CJS Invoice Number 74928 Page 2 Review correspondence from Kay Williams, Esq., regarding resolution of matter and future proceedings to obtain such Review correspondence from Kay Harper Williams, Esq., regarding settlement Prepare correspondence to Michael Cirullo, Esq., Richard Ignoffo, Tenille Decoste, Lynn Swanson, Erica Cassalia, Karen Klein and Kevin Cuthron regarding Plaintiffs request for settlement discussions Prepare correspondence to Michael Cirullo, Esq., Richard Ignoffo, Tenille Decoste, Lynn Swanson, Erica Cassalia, Karen Klein and Kevin Cuthron regarding contact by new attorneys Review correspondence from Michael Cirullo, Esq., regarding status Review correspondence from Michael Cirullo, Esq., regarding agreement with rejection of Plaintiffs request for settlement discussions Prepare correspondence to Michael Cirullo, Esq., regarding agreement with rejection of Plaintiffs request for settlement discussions Total Professional Services: Stearns, Chris J. 1.70 225.00 Johnson, E. Bruce 3.80 225.00 DISBURSEMENTS 0413012023 Printing and Imaging Services 0413012023 PACER Research Summary: Total Expenses Advanced: Total professional services $1,237.50 Total expenses incurred +$16.30 Total Amount Billed $1,253.80 Less Pre -Paid Applied $0.00 Please Pay this Amount $1453.80 0.30 0.20 0.30 0.30 0.20 0.20 0.20 $1,237.50 $382.50 $855.00 8.40 7.90 $16.30 451 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 May 22, 2023 Billed Through 04/30/2023 Invoice 74929 / EBJ 00281 43019 Via: claims@bbfl.us Diana Taylor City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Natalie Flake vs. City of Boynton Beach (Tristar Claim No. 20818346) FOR PROFESSIONAL SERVICES RENDERED: 04/03/2023 WHJ Analyze additional medical records and bills of Plaintiff produced 2.40 concerning recent surgery 04/03/2023 CJS Review Plaintiffs Supplemental Response to Request for Production 0.20 04/04/2023 CJS Begin review of voluminous medical records produced by Plaintiff 4.00 related to surgery and subsequent treatment (approx. 900 pages) 04/05/2023 WHJ Analyze voluminous medical billing and records statements in advance 3.40 of settlement teleconference with Plaintiffs counsel Ryan Wechsler 04/05/2023 CJS Finish review of voluminous medical records produced by Plaintiff 3.50 related to surgery and subsequent treatment (approx. 900 pages) 04/05/2023 CJS Review correspondence from Mike Cirullo, Esq., regarding shade 0.20 session 04/05/2023 CJS Prepare correspondence to Mike Cirullo, Esq., regarding attorney/client 0.20 executive session 04/05/2023 CJS Telephone conference with Mike Cirullo, Esq., regarding executive 0.30 session 04/07/2023 CJS Review correspondence from Lynn Swanson regarding closed door 0.20 session 04/08/2023 CJS Review Plaintiffs medical records from Dr. Evan Packer regarding her 1.50 3/1/23 medical prcedure 04/12/2023 WHJ Prepare for court ordered case management hearing concerning trial 1.00 readiness 04/12/2023 CJS Review correspondence from Court setting status conference for 0.20 tomorrow, April 13 452 Invoice Number 74929 Page 2 04/12/2023 CJS Review correspondence from Michael Cirullo, Esq., regarding status 0.20 conference and handling of same 04/12/2023 CJS Prepare correspondence to Michael Cirullo, Esq., regarding status 0.20 conference and handling of same and possible settlement 04/12/2023 MCN Summarize Plaintiffs medical records produced by Delray Beach 1.20 Surgery Center 04/12/2023 MCN Prepare correspondence to the records custodian for Delray Beach 0.20 Surgery Center requesting color copies of the operative photographs 04/12/2023 MCN Prepare correspondence to Justina Quinones regarding Plaintiffs billing 0.20 records from Delray Beach Surgery Center 04/12/2023 CJS Review of correspondence from Delray Beach Surgery Center's billing 0.20 records department regarding Plaintiffs billing records 04/12/2023 CJS Prepare a notice of production from non-party 0.30 04/12/2023 CJS Prepare a subpoena duces tecum directed to AssociatesMD 0.20 04/12/2023 CJS Prepare correspondence to Ryan Wechsler, Esq. regarding the City's 0.20 non-party subpoena directed to AssociatesMD 04/12/2023 CJS Review of correspondence from Ryan Wechsler, Esq. regarding the 0.20 City's non -parry subpoena directed to AssociatesMD 04/12/2023 CJS Prepare correspondence to Dr. Jacobs regarding documents produced by 0.20 Delray Beach Surgery Center 04/13/2023 CJS Prepare correspondence to Ryan Wechsler, Esq. regarding the City's 0.20 non-party subpoena directed to AssociatesMD 04/13/2023 CJS Review billing records produced by Delray Beach Surgery Center 0.30 04/13/2023 CJS Prepare correspondence to Dr. Michael Zeide regarding Plaintiffs 0.20 records produced by Delray Beach Surgery Center 04/18/2023 CJS Review of correspondence from Tiffany Fiume regarding additional 0.20 records provided for Dr. Jacobs' review 04/20/2023 WHJ Prepare correspondence to Judge Cheesman's JA regarding appearance at 0.20 pre-trial conference and order resetting trial 04/20/2023 CJS Review correspondence from Renee Krieger to Court regarding Court's 0.20 Order Resetting Trial 04/20/2023 CJS Review correspondence from Court regarding status of Court's Order 0.20 Resetting Trial 04/20/2023 MCN Prepare and compile for service the subpoena duces tecum directed to 0.10 AssociatesMD 04/20/2023 CJS Prepare a notice of filing certificate of non -objection 0.20 04/21/2023 CJS Review Plaintiffs Request for Records 0.20 04/21/2023 MCN Review Plaintiff s request for records subpoenaed from AssociatesMD; 0.30 update witness identification / exhibit list 04/27/2023 CJS Review correspondence from Diana Taylor regarding status 0.30 04/27/2023 CJS Prepare status update to Diana Taylor, Richard Ignoffo, Morgan Chaluka 0.30 and Donna Cruz 453 Invoice Number 74929 Page 3 04/27/2023 CJS Review Return of Service upon Delray Beach Surgery Center 0.10 04/27/2023 CJS Review of correspondence from Stephanie Wells regarding our request 0.20 for copies of color operative photographs to Delray Beach Surgery Center 04/27/2023 MCN Telephone conference with the records custodian for Brain and Spine 0.10 Center of South Florida 04/27/2023 MCN Prepare correspondence to the records custodian for Brain and Spine 0.20 Center of South Florida 04/27/2023 CJS Review of correspondence from the records custodian for Brain and 0.20 Spine Center South Florida 04/27/2023 CJS Review of correspondence from the records custodian for AssociatesMD 0.20 regarding our request for Plaintiff's records 04/28/2023 WHJ Prepare correspondence to Ryan Wechsler, Esq., concerning total 0.20 medical charges for Plaintiff 04/28/2023 WHJ Review correspondence from Ryan Wechsler, Esq., concerning total 0.20 medical charges for Plaintiff 04/28/2023 WHJ Analyze voluminous medical records and billing records of Plaintiff to 1.60 revise and supplement prior pre-trial report and recommendations based on Plaintiffs recent surgery and upcoming trial setting 04/28/2023 WHJ Draft updated pre-trial report and recommendations 1.40 04/28/2023 CJS Revise and finalize updated pretrial report 1.00 04/28/2023 CJS Review correspondence from Diana Taylor regarding evaluation 0.30 Total Professional Services: $6,295.00 Stearns, Chris J. 16.30 225.00 $3,667.50 Nunez, Michelle C. 2.30 125.00 $287.50 Johnson IV, W. Hampton 10.40 225.00 $2,340.00 DISBURSEMENTS 0313012023 Serv. of Process; On Time Legal Services Inv # 2023000804 served on: 20.00 Delray Beach Surgery Center 0411812023 Federal Express; Invoice # 810392702; Express Mail to Stephen J. Jacobs, 11.29 MD, Fort Lauderdale, FL 0412612023 Federal Express; Invoice # 811122629; Express Mail to Dr. Michael Zedie, 11.29 West Palm Beach, FL 0413012023 Printing and Imaging Services 128.10 Total Expenses Advanced: $170.68 Summary: 454 Total professional services Total expenses incurred Total Amount Billed Less Pre -Paid Applied Please Pay this Amount Invoice Number 74929 Page 4 $6,295.00 +$170.68 $6,465.68 $0.00 $6,465.68 455 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 May 22, 2023 Billed Through 04/30/2023 Invoice 74930 / EBJ 00281 43022 Via: claims@bbfl.us Cindy Rogozin City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Beverly Bozzacco vs. FDOT and City of Boynton Beach (Tristar Claim No. 2390089 1) FOR PROFESSIONAL SERVICES RENDERED: 04/03/2023 CJS Review FDOT's Answer and Affirmative Defenses 0.50 04/10/2023 CJS Review Plaintiffs Response to City's Request for Admissions 0.30 04/11/2023 CJS Review Plaintiffs Notice Of Taking Video Deposition of Dr. Charleton 0.20 Stucken 04/18/2023 CJS Review Plaintiffs Notice of Serving Answers to City's Interrogatories 0.20 04/19/2023 CJS Review correspondence from David Bennett, Esq., regarding extension 0.20 to respond to City's discovery 04/19/2023 CJS Prepare correspondence to David Bennett, Esq., regarding agreement to 0.20 request for extension to respond to City's discovery Total Professional Services: $360.00 Stearns, Chris J. 1.60 225.00 $360.00 DISBURSEMENTS Summary: Total professional services $360.00 Total Amount Billed $360.00 Less Pre -Paid Applied $0.00 Please Pay this Amount $360.00 456 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 May 22, 2023 Billed Through 04/30/2023 Invoice 74931 / EBJ 00281 43028 Via: claims@bbfl.us Diana Taylor City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Tammi Philson vs. City of Boynton Beach (Tristar Claim No. 001470 -000440 -GB -01 FOR PROFESSIONAL SERVICES RENDERED: 04/12/2023 CJS Prepare City's Re -Notice Of Taking Deposition 0.20 04/21/2023 CJS Review correspondence from Donna Cruz regarding evaluation 0.20 04/21/2023 CJS Prepare correspondence to Donna Cruz regarding evaluation 0.20 Total Professional Services: $135.00 Stearns, Chris J. 0.60 225.00 $135.00 DISBURSEMENTS Summary: Total professional services $135.00 Total Amount Billed $135.00 Less Pre -Paid Applied $0.00 Please Pay this Amount $135.00 457 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 May 22, 2023 Billed Through 04/30/2023 Invoice 74932 / EBJ 00281 43044 Via: claims@bbfl.us Michael Carlson City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Michael Norwood vs. City of Boynton Beach (Tristar Claim No. 21959966) FOR PROFESSIONAL SERVICES RENDERED: 04/03/2023 CJS Review correspondence from Joe Bilotta, Esq., regarding Plaintiffs 0.20 signed HIPAA authorizations 04/03/2023 CJS Review Plaintiffs signed HIPAA authorization for Halper Family 0.10 Medicine 04/03/2023 CJS Review Plaintiffs signed HIPAA authorization for Answorth A. Allen, 0.10 MD 04/03/2023 CJS Review Plaintiffs signed HIPAA authorization for Langone Hospital 0.10 04/03/2023 CJS Review Plaintiffs signed HIPAA authorization for All County Gastro 0.10 04/03/2023 CJS Prepare correspondence to Margaret Schobel regarding Plaintiffs 0.10 executed release directed to NYU Grossman School of Medicine 04/03/2023 CJS Prepare correspondence to the records custodian for All County Gastro 0.10 regarding our request for Plaintiffs records 04/03/2023 CJS Prepare correspondence to the records custodian for Answorth A. Allen, 0.10 MD regarding our request for Plaintiff s records 04/03/2023 CJS Prepare correspondence to the records custodian for Halper Family 0.10 Medicine regarding our request for Plaintiffs records 04/03/2023 CJS Prepare correspondence to the records custodian for Langone Hospital 0.10 regarding our request for Plaintiffs records 04/04/2023 CJS Prepare correspondence to clients regarding amended notice of mediation 0.20 and zoom instructions 04/04/2023 CJS Review of correspondence from Margaret Schobel regarding Plaintiffs 0.10 executed release directed to NYU Grossman School of Medicine 04/05/2023 CJS Review City's insurance policy with FMIT 1.00 458 Invoice Number 74932 Page 2 04/05/2023 CJS Review correspondence from Joe Bilotto, Esq., regarding insurance 0.20 policy 04/05/2023 CJS Review of correspondence from Richard Ignoffo regarding the insurance 0.20 policy in this matter 04/05/2023 MCN Prepare correspondence to Richard Ignoffo regarding the insurance 0.20 policy in this matter 04/05/2023 CJS Prepare correspondence to Joseph Bilotta, Esq. regarding the City's 0.20 responsive documents to Plaintiffs request for production 04/06/2023 CJS Review correspondence from Richard Ignoffo regarding mediation 0.20 04/06/2023 CJS Prepare correspondence to the records custodian for NYU Grossman 0.10 School of Medicine regarding Plaintiffs executed release directed to NYU Grossman School of Medicine 04/11/2023 CJS Review correspondence from Margaret Schobel regarding video 0.20 deposition of Dr. Charlton Stucken for trial 04/11/2023 CJS Prepare correspondence to Margaret Schobel regarding video deposition 0.20 of Dr. Charlton Stucken for trial 04/18/2023 CJS Review correspondence from US Legal regarding transcript of Michael 0.20 Norwood 04/18/2023 CJS Review Michael Norwood's errata sheet 0.30 04/19/2023 CJS Review records in response to subpoena from Empire 0.20 04/21/2023 CJS Review Plaintiffs Witness List 0.50 04/21/2023 CJS Review Plaintiffs Exhibit List 0.50 Total Professional Services: $1,240.00 Stearns, Chris J. 5.40 225.00 $1,215.00 Nunez, Michelle C. 0.20 125.00 $25.00 DISBURSEMENTS 041 1712023 All County Gastroenterology & Hepatology; Invoice # 04/17/2023; Medical 25.75 records 0413012023 Printing and Imaging Services 29.75 0413012023 Postage Summary 0.60 Total Expenses Advanced: $56.10 Summary: Total professional services Total expenses incurred $1,240.00 +$56.10 459 Total Amount Billed Less Pre -Paid Applied Please Pay this Amount Invoice Number 74932 Page 3 $1,296.10 $0.00 $1,296.10 460 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 May 22, 2023 Billed Through 04/30/2023 Invoice 74933 / EBJ 00281 43016 Via: claims@bbfl.us Michael Carlson City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Geico as Subrogee of Bruno Henrique Fernandes vs. City of Boynton Beach (Tristar Claim No. 19762606 FOR PROFESSIONAL SERVICES RENDERED: 04/06/2023 WBH Preparation for deposition of Bruno Fernandes 1.00 04/07/2023 CJS Review file and prepare for pre -deposition meeting with Officer Donnino 1.50 04/10/2023 CJS Review correspondence from Mallory Petit regarding deposition of 0.20 Bruno Hernandes 04/10/2023 CJS Prepare correspondence to Mallory Petit regarding deposition of Bruno 0.20 Hernandes 04/10/2023 CJS Continued preparation for and attend pre -deposition meeting with Officer 1.00 Donnino 04/10/2023 WBH Continued preparation for the deposition of Bruno Fernandes 2.20 04/11/2023 CJS Review correspondence from Mallory Petit regarding deposition of 0.30 Officer Anthony Donnino 04/11/2023 WBH Attendance at the deposition of Bruno Fernandes 1.50 04/27/2023 CJS Review Fernandes' Notice of Hearing on Motion to Strike Attorneys' 0.20 Fees 04/27/2023 CJS Prepare correspondence to Judge Cheeseman regarding status of order 0.20 setting City's summary judgment for hearing 04/28/2023 CJS Review Court's Order Setting City's Motion for Summary Judgment for 0.20 Special Set Hearing 461 Total Professional Services: Stearns, Chris J. 3.80 Harris 111, Wilford B. 4.70 DISBURSEMENTS 0413012023 Printing and Imaging Services Summary: Total Expenses Advanced: Invoice Number 74933 Page 2 $1,912.50 225.00 $855.00 225.00 $1,057.50 Total professional services $1,912.50 Total expenses incurred +$2.80 Total Amount Billed $1,915.30 Less Pre -Paid Applied $0.00 Please Pay this Amount $1,915.30 2.80 $2.80 462 Consent Agenda 06/6/2023 Commission Meeting Minutes. Requested Action by Commission: Approve minutes from the May 2, 2023 and May 16, 2023 City Commission Meetings. Explanation of Request: The City Commission met on May 2, 2023 and May 16, 2023, and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: There is no fiscal impact to the budget from this item. Attachments: 05-02-2023 City Commission Meeting Minutes.pdf 05-16-2023 City Commission Meeting Minutes.pdf 463 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, May 2, 2023, at 5:00 P.M. Present: Mayor Ty Penserga Vice Mayor Thomas Turkin Commissioner Angela Cruz Commissioner Woodrow L. Hay Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Daniel Dugger City Manager Mike Cirullo, City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 5:01 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. B. Closed Door Session As publicly requested at the April 4, 2023, City Commission Meeting and in accordance with Section 286.011(8) Florida Statutes, the City Commission will hold a closed -door, private attorney-client session on Tuesday, May 2, 2023 beginning at 5:00 P.M. to discuss the following case: Natalie Flake, Plaintiff, vs. City of Boynton Beach, Defendant - Palm Beach County Circuit Court Case Number: 50-2021-CA-006932-XXXX-MB In attendance will be the Mayor and City Commission, City Manager Daniel Dugger, City Attorney Michael D. Cirullo, Jr., Special Litigation Counsel Christopher Stearns, and a Court Reporter. Some participants may attend telephonically or by communications media technology (CMT). Approximately 60 minutes will be needed. City Attorney Cirullo read the title of the case into the record. Motion: Vice Mayor Turkin moved to recess for the Closed -Door Session. Commissioner Hay seconded the motion. The motion passed unanimously. Mayor Penserga called for a recess for the Closed -Door Session at 5:04 P.M. 464 Meeting Minutes City Commission Meeting Boynton Beach, FL May 2, 2023 Mayor Penserga reconvened the meeting at 5:25 P.M., and said that they will come back for the regular Commission Meeting at 6:00 P.M. C. Resume Regular Commission Meeting Mayor Penserga reconvened the meeting at 6:00 P.M. City Clerk Maylee De Jesus called the roll again. A quorum was present. Invocation by Pastor Amalie Ash, First Presbyterian Church. Invocation was given by Pastor Ash. Pledge of Allegiance to the Flag led by Mayor Ty Penserga. Mayor Penserga led the Pledge of Allegiance to the Flag. Agenda Approval: Additions, Deletions, Corrections Daniel Dugger, City Manager, requested to add a discussion about workshop dates to the agenda. Commissioner Cruz requested to add a discussion about funding for the senior center to the Budget Agenda. Commissioner Cruz moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Informational items were heard before Public Audience. 3. Announcements, Community and Special Events And Presentations A. Announce the Rosenwald School Commemorative Sign for Poinciana Elementary School. Announce the installation of the Rosenwald School commemorative sign for Poinciana Elementary School scheduled for Friday May 12, 2023 at 4:00 P.M. at Heritage Park. 4 465 Meeting Minutes City Commission Meeting Boynton Beach, FL May 2, 2023 Mayor Penserga announced this event. Michael Rumpf, Planner, provided a historical background about the Rosenwald School commemorative sign. B. Announce National Small Business Week Announce that National Small Business Week is April 30- May 6, 2023. Mayor Penserga announced this event, and encouraged everyone to use the small businesses in the City. C. Proclamation - Mental Health Awareness and Trauma Informed Care Month Proclaim the month of May 2023 as Mental Health Awareness and Trauma Informed Care Month. Proclamation to be received by Gerda Klein from the Boynton Beach Mental Health Committee. Mayor Penserga read the Proclamation into the record. Commissioner Hay said that he is proud of the Boynton Beach Mental Health Committee and the work that is being done. He acknowledged trauma that caretakers experience as well. Ms. Gerda Klein accepted the proclamation on behalf of the Boynton Beach Mental Health Committee. She announced upcoming programs, new resources, and thanked the City for their continued support. D. Recognize Boynton Beach PAL. Recognizing the Boynton Beach PAL for taking home the Gold in the Necelina McDonald Memorial Foundation Basketball Tournament in Brooklyn, NY. City Manager Dugger provided background on the Boynton Beach Police Athletic League (PAL). Mr. Bill Tome, former Boynton Beach Police Officer, thanked the City and Chief DeGiulio for their support. He summarized the Necelina McDonald Memorial Foundation Basketball Tournament experience. Mayor Penserga recognized the Boynton Beach PAL for taking home the gold in the Necelina McDonald Memorial Foundation Basketball Tournament. City Clerk De Jesus read the names of the Boynton Beach PAL team. 3 M Meeting Minutes City Commission Meeting Boynton Beach, FL May 2, 2023 2. Other A. Informational items by the Members of the City Commission. Commissioner Kelley thanked the City staff for the Earth Day event and asked for feedback since the event seemed to be better attended last year. She mentioned that she attended the Boynton Beach Fire Fighter Chili Cookoff and had a good time. Commissioner Hay had no disclosures, and said that he attended the Anchor special meeting today. He also attended the Raising Cane grand opening. He requested to talk with Legal about the SJ Project that he previously brought up for discussion. City Attorney Cirullo said that he will speak with Commissioner Hay and provide an update on the case. Vice Mayor Turkin said that he attended the Chili Cookoff and Fishing Tournament and said that it was a great event. He gave a shout out to the Events and Marketing teams, and administration for all that they do. He said that he attended the Palm Beach County League of Cities meeting last week and announced that he will be representing Boynton Beach and was appointed to the Board of Directors. He noted that he also attended the Raising Cane opening as well, and it was a great turn out. He thanked Andrew Mack and Adam Temple for getting on the lift station and getting the problem resolved. He thanked staff that helped the resident who were affected by the tornado. He requested a future budget item discussion for staff to look at broadening the exemption for the fire assessment. Mayor Penserga said that they can discuss this during the budget workshop. Commissioner Cruz stated that she attended the Earth Day Celebration, the Chili Cookoff and Fishing Tournament, and the Raising Cane grand opening. She said that the Hispanic Chamber of Commerce and other entities were in attendance. She spoke about an incident that happened in her district, where a mom was bit by a dog while walking her baby, and she is working with the Police to see what they can do to make it safer to walk. Mayor Penserga said that he is still recuperating from being sick. He thanked staff for their hard work at the City Hall Social and spoke about its purpose. He thanked Palm Beach State College for attending and their workforce readiness program that they are teaming up with the City for. He said that it is a pilot program and he hopes that it will help change peoples' lives. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 -minute allowance may need to be adjusted depending on the level 4 467 Meeting Minutes City Commission Meeting Boynton Beach, FL May 2, 2023 of business coming before the City Commission) No public audience in person. No public audience online. 5. Administrative Ms. Radigan, Planning and Zoning Director, asked to schedule the workshops for the park impact fee study, mobility study, and live local and housing. She said that the park impact fee is being proposed to be raised above the statute threshold, which is called an extraordinary circumstance. She said they are required to hold a public workshop, two extraordinary circumstance meetings, and two regular ordinance readings of the item. She said they are tentatively scheduled as follows: May 301h Workshop and first Extraordinary Circumstance meeting; June 6th second Extraordinary Circumstance meeting; June 6th first reading of the ordinance; June 20th Second Reading of the ordinance. She explained why they are in a rush to get this adopted before July 1St, 2023. She said some of these meetings will push back the City Commission Meetings to 6:30 P.M. She noted that the purpose of the meetings is to give a chance for public comment. Commissioner Cruz asked for an explanation of what the extraordinary meeting is for. Ms. Radigan explained the extraordinary circumstances and needing the extra public meeting, because it is above what the State Statute allows. She said these must legally be stand-alone meetings. City Attorney Cirullo Attorney said the State Statute was changed a few years ago, to require the stand-alone meetings. Commissioner Kelley said that there is only an hour for these meetings scheduled and she is concerned if there is enough time to allow for public comment. Ms. Radigan explained the layout of the workshops. She said that she needs to work with the Commissioners' schedules, staff schedules, consultants schedule, and availability of the rooms. Commissioner Cruz asked if they kept the dates as they have it now, could the Commission meeting start right after, without cutting it off at an hour. City Attorney Cirullo said yes, the City Commission meeting can start right after the workshop ends. Ms. Radigan said that the Mobility Workshop is scheduled for May 16th. The Live Local workshop does not need to be done by July 1St but it does go active on July 1St 5 468 Meeting Minutes City Commission Meeting Boynton Beach, FL May 2, 2023 Mayor Penserga said that he would like to hear from various companies regarding ride sharing/mobility. Commissioner Cruz asked if we reached out to the Palm Beach County TPA to be present at the workshop. Ms. Radigan said that the workshop is a review of existing materials, but this is to see what the City wants to see in the future. She stated that they can invite the TPA. Commissioner Cruz said that West Palm Beach does a great job with mobility and if we can look at that. She also requested the consultant go over the options. Ms. Radigan explained what they plan to talk about at the Mobility Workshop. She said that having a mobility plan gives the City extra points when they go to the TPA for grants. Commissioner Kelley commented that she is concerned that this is squeezed in an hour before a City Commission meeting, which is not realistic to get it done in an hour. She said that Housing and Live Local act is more important. Ms. Radigan confirmed that it is not a rush, but that staff is eager to get this workshop done so that they can move forward with their site plan reviews. She said that it can be broken into series of meetings or one long meeting. Commissioner Cruz said that we do have a deadline to apply for grants with the TPA, so this would help with the grants. She asked for action to be taken because we missed out on the grants last year. She asked staff to communicate with the TPA regarding grants. Ms. Radigan stated that staff does sit on the TPA committees, and they are involved. She said that the mobility plan explains all the items that the Commissioners are interested in. Vice Mayor Turkin said that this is a lot of information, and an hour is not enough. He asked if the CRA will be involved too. Ms. Radigan said that this is a City plan, but anything within the CRA involves them. City Manager Dugger stated that he has a meeting set up with the CRA. Ms. Radigan said that the housing workshop is not scheduled but can be a presentation at the City Commission meeting and not a separate workshop. 469 Meeting Minutes City Commission Meeting Boynton Beach, FL May 2, 2023 Commissioner Kelley asked if this is something that can be discussed at the Strategic Planning Workshop. Ms. Radigan said that it can be done, and they will have to see how to get it advertised. Commissioner Cruz said that she will be here in the morning for the workshop, but will not be present in the afternoon, because it is Mother's Day Weekend. She asked for this to be added to the June 6t" agenda. City Manager Dugger stated that the next few meetings should not be heavy, so this can be added to one of those City Commission meetings. Commissioner Kelley asked if staff needs direction about the mobility study meeting. She stated that these should not piggyback on a City Commission meeting. There was discussion regarding the mobility study. There was consensus to hold a Saturday workshop, if needed. Ms. Radigan said that she will work with the consultant and staff on scheduling. 6. Consent Agenda A. Legal Invoices March 2023. Information at the request of the City Commission. No action required. B. Bid Extensions and Piggy -Backs Under $100,000 Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for May 2, 2023 - "Request for Extensions and/or Piggybacks." C. 2018 EMS Transport Billing Annual Write Offs. Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable by $893,269.53. This amount reflects unpaid ALS Transportation billings that have been in collections for 12 months or longer. This write off is for 2018 uncollected EMS -Transport revenue. D. Proposed Resolution No. R23-052 - Request for Qualifications RFQ UTL23-001 7 470 Meeting Minutes City Commission Meeting Boynton Beach, FL May 2, 2023 Community Rating System (CRS) and Climate Resilience Planning Professional Support Services - Grant Funded - Authorize the City Manager to sign Agreement Approve and authorize the City Manager to sign the Agreement with Lori Lehr, Inc. firm as a result of the Request for Qualifications (RFQ) No. UTL23-001 for Community Rating System (CRS) and Climate Resilience Planning Professional Support Services - Grant Funded. E. Proposed Resolution No. R23-053 - Approve ARPA Subrecipient Partnership Agreement with Imagine Chancellor Charter School for their School Food Service Support Project in the amount of $10,000.00. — Pulled for discussion. Approve ARPA Subrecipient Partnership Agreement with Imagine Chancellor Charter School in the amount of $10,000.00. F. Commission Meeting Minutes. Approve minutes from the April 11, 2023 Special City Commission Meetings. Commissioner Kelley requested to pull item 6E. P� 51M.", Commissioner Hay moved to approve the remainder consent agenda. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 6E. Proposed Resolution No. R23-053 - Approve ARPA Subrecipient Partnership Agreement with Imagine Chancellor Charter School for their School Food Service Support Project in the amount of $10,000.00. Mr. John Durgan, Economic Development Manager, stated that this will go towards paying off free and reduced lunch balances at Imagine Chancellor Charter School. Commissioner Kelley said that when the City did the initial grants, Imagine was not on the list, so she reached out and they applied. She thanked the City Commission for their support. She noted they are a non-traditional school, and it is important that we support them in their ask. Principal Stanley said that they would appreciate the support and that they are proud residents of the City. She said that some of the families are at a disadvantage to be able to pay the balances owed, so this would help support the kids. 471 Meeting Minutes City Commission Meeting Boynton Beach, FL May 2, 2023 Motion: Commissioner Kelly moved to approve item 6E. Vice Mayor Turkin seconded the motion. The motion unanimously passed. 7. Consent Bids and Purchases over $100,000 G. Fire Bunker Gear Equipment Purchase for $109,018. Approve the purchase of 28 sets of Firefighting bunker gear, at a discounted price of$109,018 via the Lake County Contract. The Lake County Contract meets the City's competitive bid requirements and allows for piggy -back purchases. Motion: Commissioner Cruz moved to approve the Consent Bids and Purchases over $100,000. Commissioner Kelley seconded the motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. H. Proposed Ordinance No. 23-008- Second Reading- Employee Handbook Amending Chapter 2, "Administration" Article X, "Personnel Policy Manual" of the Code of Ordinances to update the Employee Handbook (formerly known as Personnel Policy Manual) of the City of Boynton Beach. City Attorney Cirullo read the title into the record. Tennille DeCoste, Director of HR & Risk Management, said that there was one change, which was a Scribner's error. Mayor Penserga opened public comments. Thomas Gary Febo, aka Nature, said that he missed the public audience, and he wants to make paradise real. There were no online comments. Motion: 472 Meeting Minutes City Commission Meeting Boynton Beach, FL May 2, 2023 Commissioner Cruz moved to approve Ordinance No. 23-008. Commissioner Hay seconded the motion. The motion passed unanimously. 9. City Manager's Report- None 10. Unfinished Business A. Continue discussion on adding a Sister City in Ukraine. Continue discussion & selection of Ukraine Sister City. Tabled from the April 18, 2023 City Commission Meeting. Vice Mayor Turkin stated that the Sister Cities representative is not present. He requested the item continued to be tabled to the next meeting. There was consensus to keep the item on the table. B. Discussion on American Rescue Plan Funds, requested by Mayor Penserga. City staff to provide an overview of ARPA expenditures to date and funds still available, as well as an overview of infrastructure priorities for the Commission to discuss and provide direction. Mara Frederiksen, Director of Financial Services, spoke about the ARPA as follows: funding objectives; restrictions on use (what funding cannot be used for); American Rescue Plan Act master spending plan proposed priorities; eligible uses; address negative economic impacts; tranching of funds; and funds spent so far. She noted that there is over $9M has been allocated to date, leaving approximately $4.5M. She said there will be $2.7M in revenue losses. Mario Guzman, Public Works Director, spoke about the following: current road projects analysis; and current projects. Vice Mayor Turkin asked if Lake Boynton Estates is the same project as Old Boynton Estates. Gary Dunmyer, City Engineer, said yes, it is one large project. Mr. Guzman continued with the following: current projects; and recommended ARPA Projects. Commissioner Hay asked if any of the funding will be used for speed bumps. 10 473 Meeting Minutes City Commission Meeting Boynton Beach, FL May 2, 2023 Mr. Guzman responded yes, it is part of the projects. Poonam Kalkat, Utilities Director, spoke about the following: utilities infrastructure projects; and questions. Mayor Penserga said that they want to help as many residents as they can, so they must narrow down the priorities for these funds. He asked what we would do if we did not have the funds. Ms. Frederiksen said that the $2.7M in revenue loss is an estimate and they will likely need additional funds and will have to cut in other places or pull from reserves. Mayor Penserga said that there is a deadline, and the funds are limited. He asked what the plan is moving forward. Ms. Frederiksen explained the different revenues but noted she will not have all revenues until June. She said that they will balance the budget as needed, and they can push out the projects as needed. Mayor Penserga asked which of these cannot be funded by other means. Mr. Guzman said that they have an infinite number of projects, and they can look at CBDG funds. He stated that they are looking at other grants as well. Ms. Kalkat said that there is a CIP, but it is lengthy and there are a lot of cost, and their infrastructure needs are higher. She commented that they are looking for grants and other resources to help fund these projects. She noted that they will work with whatever money they have. Mayor Penserga asked which items are time -sensitive and critical, and which take a longer time to accomplish. Ms. Kalkat said that they came back with projects they knew they could accomplish within the deadline. She explained which projects are critical. Mr. Guzman said that his projects can be done within a year or two. He mentioned that the Cherry Hill area would get the biggest bang for its buck. City Manager Dugger said that the City Commission spoke about solar panels on top of the Ezell Hester Center and noted that Mr. Dunmyer commented that the solar panels may structurally damage the roof. He stated that Deputy City Manager Mack suggested the funds may be better utilized for some of the projects discussed tonight. Deputy City Manager Mack said that from a timeliness standpoint, they could utilize 474 Meeting Minutes City Commission Meeting Boynton Beach, FL May 2, 2023 the funds for the water or sewer projects. Mayor Penserga said that he is concerned that the solar panels could cause damage to the Hester Center and questioned why it was not mentioned when they approved the funds. Deputy City Manager Mack stated that they received a better analysis of the roof, and he explained the feedback and recommendations given. He said that CBDG funds could be used for street paving. Mayor Penserga said that he is bothered by the last-minute nature of this. He noted that he understands the recommendation to reallocate the funds to these other projects. City Manager Dugger explained the alternatives that he was given just recently. Commissioner Cruz said that she understands the revenue losses for year 1 and asked if the $2.7M is in addition to the revenue losses we have. Ms. Frederiksen responded yes. Commissioner Cruz said that adding another $2.7M to revenue losses is not fiscally responsible. Ms. Frederiksen explained the revenue losses, and what the losses went towards last year. Vice Mayor Turkin stated that he agrees, and that there is some pork to trim to alleviate the revenue loss. He said that they need to collaborate and look at the City as a whole. Commissioner Hay said that they have neglected certain areas so far, and he is interested in the totality of the City. He commented that he wants to take a closer look at where they are spending the dollars. He stated that the list that they created years ago has gone away and he would like to see that list come back. Mayor Penserga stated that he understands that the list of nonprofits is still in existence. He said that they are not saying no, but they have infrastructure needs in the City. Commissioner Hay said that he is still being questioned about the list, and asked if the items on that list will ever be addressed. Mayor Penserga said that the first step is to determine what to do with the $2.7M that 12 475 Meeting Minutes City Commission Meeting Boynton Beach, FL May 2, 2023 staff is recommending for revenue loss. Deputy City Manager Mack said they could decide on the $1.8M now as they are discussing the $2.7M and still have time during the budget process to allocate funding. He said they can make a better -informed decision later. Commissioner Kelley said that this is extra funding and should not be used to budget our City at all. She stated that this is intended to help the City. She commented that she is not comfortable allocating a portion of this if we are not doing what we can during the budget year. She stated that the list of nonprofits was steamrolled, and they were given hope. She noted that it is difficult to give to nonprofits that are not located in the City. She spoke about using the funds to help our residents and our quality of life here. Commissioner Cruz agreed with Commissioner Kelley about the nonprofits, and this money being used as a crutch, such as paying for staff. She spoke about not having the funds in 2026, and what are we going to do without the funds. Mr. Guzman explained what has been spent and caps on the funding. Commissioner Cruz said that they need to look forward to finding funds for our City employee needs. Vice Mayor Turkin spoke about most municipalities using their funds for infrastructure, and he also does not want to see funding going to nonprofits if the City has infrastructure needs. There was discussion regarding the solar panels on the Hester Center roof; trimming the fat on the budget; donating some funds to nonprofits; and discussing further at the budget hearing. Vice Mayor Turkin proposed using the workshop to make a better decision. Ms. Frederiksen said that we have until December 2024 to allocate these funds. Mr. Guzman said that the sooner the better, but they can wait until the budget workshop. He said that they are funding some of the behind -the -scenes stuff on these projects. Commissioner Kelley said that District 4 has some roads that need assistance too, but she knows that some schools need sidewalks, so Cherry Hill is a priority for her. There was consensus from the dais on the Cherry Hill project. 13 476 Meeting Minutes City Commission Meeting Boynton Beach, FL May 2, 2023 Mayor Penserga said that the there was a consensus for the Cherry Hill project, but they will make a final decision at the budget workshop. C. City Commission to discuss speedbumps throughout the City, requested by Vice Mayor Turkin. City staff to provide an update on Drive Safe Boynton for the City Commission to discuss. 11. New Business Mr. Dunmyer spoke about Drive Safe Boynton as follows: current ordinance; and Drive Safe Boynton. Commissioner Hay asked about the requirement that 25% of the street participating. Mr. Dunmyer explained what he does to get the 25%. He continued as follows: strategies - when projects qualify, short term installations and permanent installations; project summary; map of drive safe Boynton projects; and questions. Commissioner Kelley said that it is important to learn about Drive Safe Boynton and we should encourage residents to reach out. She stated that District 4 are primarily County roads, and she asked if this can be utilized on County roads. Mr. Dunmyer explained what the County will allow and not allow. Commissioner Kelley said that it is a challenge to get the County to listen to the concerns of the residents. Commissioner Hay spoke about the different speed hump options, and asked if the temporary ones can be permanent. Mr. Dunmyer said that he does not mind keeping them in place and they can easily be replaced. He spoke about different ways they have done traffic calming in the City. Commissioner Hay stated that they get a lot of people that tell them they do not want the speedbumps on their street. He spoke about the bus stops and the process with the County to help with the cars zooming by the busses that are stopped. Mr. Dunmyer said that he gets residents that love and hate the speedbumps. He spoke about being able to work with the County about the bus issue. Vice Mayor Turkin asked about looking into simplifying the process for traffic calming. He spoke about the overall goal of safety. He thanked Mr. Dunmyer for the work that he has 14 477 Meeting Minutes City Commission Meeting Boynton Beach, FL May 2, 2023 done. Commissioner Hay asked if they are considering roundabouts. Mr. Dunmyer named one spot that they are suggesting a roundabout for. Commissioner Hay asked if they get push back from first responders. Mr. Dunmyer says that he runs possible projects by Sergeant Monroe. 12. Legal 13. Future Agenda Items A. Discussion regarding Ordinance for minimum sized units. Discussion requested by Commissioner Cruz.- May 16, 2023 B. Discussion regarding Ordinance for giving preference to local businesses. Discussion requested by Commissioner Cruz. - May 16, 2023 C. Advisory Board Annual Reappointments and Appointments. City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards - Tabled from April 4, 2023. D. Discussion regarding lowering or waiving arts impact fees for small businesses. Discussion requested by Vice Mayor Turkin. -TBD E. Discussion for Ordinance regarding tints for paraphernalia shops. Discussion requested by Vice Mayor Turkin. - TBD F. Discussion regarding future cemetery lots in Boynton Beach. Discussion requested by Commissioner Hay. -TBD G. Discuss and review Advisory Board Ordinance changes- first reading. Discussion requested by Commissioner Kelley. - TBD H. Consider revised local rules for approval. Discussion requested by Mayor Penserga.-TBD I. Discussion regarding downtown parking master plan. Discussion requested by Mayor Penserga. - TBD 15 478 Meeting Minutes City Commission Meeting Boynton Beach, FL May 2, 2023 J. Discussion regarding changing minimum requirements for traffic studies. - TBD Discussion requested by Vice Mayor Turkin. K. Discussion regarding bringing more jobs to the City at former ToysRUS. Discussion requested by Vice Mayor Turkin.-TBD L. Discussion regarding housing for the homeless in the City. Discussion requested by Commissioner Hay.- TBD Motion: Commissioner Cruz moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 8:14 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MMC City Clerk 479 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, May 16, 2023 at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Thomas Turkin Commissioner Angela Cruz Commissioner Woodrow L. Hay Commissioner Aimee Kelley 1. Openings A. Call to Order - Mayor Ty Penserga Daniel Dugger City Manager Mike Cirullo, City Attorney Tammy Stanzione, Deputy City Clerk Mayor Penserga called the meeting to order at 6:00 P.M. Roll Call Deputy City Clerk Tammy Stanzione called the roll. A quorum was present. Invocation by Commissioner Woodrow Hay. Invocation was given by Commissioner Woodrow Hay. Pledge of Allegiance to the Flag led by Commissioner Angela Cruz. Commissioner Angela Cruz led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Commissioner Hay requested to move Item 12B before Consent Agenda. Vice Mayor Turkin requested to move Item 3D after Information Items. Commissioner Cruz requested to add the creation of a grant program to help HOAs with street -calming initiatives to Future Agenda. Mayor Penserga requested to add a discussion about repealing three historical Ordinances to Future Agenda. He noted that they are Ordinance 37, Ordinance 47, and Ordinance 136 and further summarized each Ordinance. 480 City Commission Meeting Minutes Boynton Beach, FL May 16, 2023 Motion: Commissioner Kelley moved to approve the agenda, as amended. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 2. Other A. Informational Items by members of the City Commission. Commissioner Cruz had no disclosures. Vice Mayor Turkin had no disclosures. He stated that he attended the Awards Ceremony at Boynton Beach High School. Commissioner Hay stated that he also attended the Awards Ceremony at the Boynton Beach High School. He announced the unveiling of the monument in the park off MLK Boulevard. Commissioner Kelley described the Business Over Brews networking events and thanked Mr. Durgan for starting to program. She stated that she attended the ribbon cutting for a new executive suites, opened by two Boynton Beach sisters. Mayor Penserga said that he attended the events previously mentioned. He thanked the Boynton Beach High School and Choir. He mentioned that he attended an Asian American Heritage Month event at the White House. He recognized the work of Community Standards Specialist Calim Estime. He read an email from a resident regarding Mr. Estime. Mr. Estime thanked the Commission for the recognition. 3. Announcements, Community and Special Events And Presentations D. Presentation - 2023 Florida Legislative Session Updates. Legislative update by Florida Senator Lori Berman, District 26, and Florida House Representative Joseph Casello, District 90. Heard out of order. Senator Berman provided an update on the Legislative Session. She said that the Florida budget is $1178, it was voted on unanimously, and she reviewed some highlights. She noted that the Boynton Beach appropriation, for the Fire Rescue Alerting upgrade for $800,000, remained in the budget. She summarized the tax bill and reserves. She expressed concern about the school voucher bill and its effect on public schools. She described the Live Local Act and Hometown Heroes Program. She said that she was concerned about the Permit - Less Carry bill. 2 481 City Commission Meeting Minutes Boynton Beach, FL May 16, 2023 Representative Casello stated that $41B of the $1178 budget came from the Federal government. He said that there were 1,828 bills filed and the legislature passed a little over 300 bills. He summarized the following bills: HB 359 and SB 540; HB 653 and SB 718; HB 37 and SB 774; HB 89 and SB 512; and HB 1407. Commissioner Kelley said that it has been a troubling session. She stated that every year they fight for Home Rule. She thanked Senator Berman and Representative Casello for their work. Representative Casello further spoke about unions. Commissioner Hay asked if there has been discussion at the State level concerning homelessness. Representative Casello responded no. Senator Berman agreed and said that the homeless crisis was not discussed once. Commissioner Hay asked about the topic of building height. Senator Berman said that if affordable housing is included in a commercial or industrial zone building, there are no restriction on building height. Vice Mayor Turkin spoke about how SB 798 would have eliminated jobs and impacted the City's budget. Commissioner Cruz said that she is sad about SB 102 and local officials should be making local decisions. She asked if anything could be done to undue the preemption part of the bill. Senator Berman said that laws can always been repealed, but they need 51% of the Legislature's vote. Mayor Penserga thanked them for the presentation. A. Proclamation of Haitian Flag Day and Haitian Heritage Month. Acknowledge and honor the Haitian residents of Boynton Beach by proclaiming Haitian Flag Day and Haitian Heritage Month. The proclamation will be accepted by Dayana Rios, from Plumosa School of the Arts. Mayor Penserga read the Proclamation. The Proclamation was accepted by Dayana Rios from Plumosa School of the Arts. B. Announce Spinning for Safety Bicycle Safety Event. 3 482 City Commission Meeting Minutes Boynton Beach, FL May 16, 2023 In recognition of Bicycle Safety Month, the Recreation and Parks Department is partnering with the Boynton Beach Police Department to host Spinning for Safety on Saturday, May 20th, starting at 9:00 AM at the Ezell Hester Jr. Community Center at 1901 N. Seacrest Blvd. This event is free and open to the public. Mayor Penserga announced the event. C. Announce the Flag Placing Ceremony and the Memorial Day Veterans Ceremony. The Boynton Beach Veterans Task Force will host a Flag Placing Ceremony on Friday, May 26, 2023 at 8:00 A.M. at the Boynton Beach Memorial Park at 1611 S. Seacrest Blvd. The Task Force will be placing flags at the graves of all veterans currently laid to rest at the park. Volunteers are welcome to assist with flag placements. The Memorial Day Veterans Ceremony is scheduled for Sunday, May 28, 2023 at 2:00 P.M. at Boynton Beach Memorial Park located at 1611 S. Seacrest Blvd. This event is hosted by the Boynton Beach Veterans Task Force and the City of Boynton Beach and is free and open to the public. Mayor Penserga announced the two ceremonies. E. Presentation - Senior Advisory Board Annual Report. Boynton Beach Senior Advisory Board to provide annual board report to the City Commission. Marcia Levine, Boynton Beach Senior Advisory Board Chair, introduced herself and invited the other Board members to the podium for introductions. She recognized the passing of Board Member Judi Lyman. Ms. Levine reviewed the 2023 Senior Advisory Board Members and Alternates. She spoke about the following 2022-2023 accomplishments: The Senior Resource List; Senior Citizens Day Proclamation; Boynton Beach Faith Based Community Development Elder Care Program funding; 2023 Martin Luther King Day Service and Celebration participation; 2023 Annual Black History Luncheon participation; Pride Trip's LGBT+ Elder Health, Wellness and Resources Expo participation; Community Outreach; and Juneteenth participation. She reviewed the following Future Initiatives: First Friday Music; Senior Dance Party; Senior Art Event; "Signature Event"; and Senior Discount Offers List. She said that all initiatives have been done without a budget. She invited the City Commission to a Board Meeting to provide thoughts and feedback. Mayor Penserga commended the Board. Commissioner Cruz thanked them for the presentation and for honoring Judi Lyman. She stated that she requested a budget amendment to add funding to the Senior Center. 4 483 City Commission Meeting Minutes Boynton Beach, FL May 16, 2023 Vice Mayor Turkin thanked the Board and said that they are setting the example of what the City's Advisory Boards should be doing. He said that he would support a budget for their initiatives. Commissioner Hay said that he will try to make an upcoming Advisory Board Meeting. He also said that he supports a budget request. Commissioner Kelley thanked the Board for their report. She said that her hope is that the Senior Center will start partnering with them, since the funding is there. She said the Senior Center's goal should be looking outward and the gap needs to be bridged. She said that they discussed having daytime events during the week at their Strategic Planning Workshop. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 -minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Cindy Falco DiCorrado read the rules of flag raising and said that the American flag needs to always be on top. She read a portion of the Second Amendment. She distributed copies of the Constitution to the dais. She said that she reached out to the City months ago about putting an emblem on the road and received a sassy response back from the City Clerk. She said it was disrespectful and she did not receive an answer. Harry Woodworth gave kudos to the City Manager for responding to INCA calls. He said that the recent meeting re-established some trust. He stated that the workorder software works. He noted that he attended the Strategy Workshop on Saturday and they had to complain to have the agenda modified to include public input. He said that there is no point of having a meeting with no public input and encouraged them to do better for the next meeting. Brother Victor Norfus introduced himself as a member of the Historic Preservation Board. He noted that they are approaching the 100 -year anniversary of segregation and asked for a historical park. He asked for an area behind Veteran's Park to recognize significant Boynton Beach residents, specifically past resident, Reverend Butler. Thomas Febu, AKA Nature, said that he is the owner of the plantation and spoke about paradise. Steven B. Grant joined virtually. He spoke about the budget for the upcoming year. He commented on Ordinance 316.212 regarding golf carts. He said that they need more safe avenues for e -mobility travel. He asked if the Quantum Park District is still inactive. He said that it has been a few years and there is not enough funding in the City budget for that district. He suggested working with a non-profit to develop Eco Park. He asked if the City is doing anything for Armed Forces Day. He spoke about the renaming of Fire Station 1. 5 484 City Commission Meeting Minutes Boynton Beach, FL May 16, 2023 Mayor Penserga closed Public Audience. 5. Administrative - None Vice Mayor Turkin asked the next Strategic Planning Workshop to include public input. 12. B. Proposed Ordinance No. 23-010- First Reading- Historical Designation of 413 NE 12th Avenue. Approve the request from Dr. Martha Light Meeks, the property owner for the designation of 413 NE 12th Avenue, and the addition of the c.1941 Wood Frame Vernacular, one-story single-family house to the City's Local Registry of Historic Sites. Heard out of order. City Attorney Cirullo read the title into the record. Jae Eun Kim, Principal Planner, provided an overview of the Historic Preservation Program. She reviewed the following information: character features; additions/alterations; and qualification for designation. Commissioner Kelley asked about the benefits of designating a home as historic. Ms. Kim said that indirect benefits could be increased tourism and local schools studying historical the elements of the home. She stated that the LDR gives some additional flexibility concerning land development. She added that grants and funding are available for restoration. Commissioner Hay asked if the location meets the requirements. Ms. Kim responded yes. Vice Mayor Turkin asked about tax advantages. Ms. Kim said that they can apply for property tax exemption. Mayor Penserga stated that he supports this item. He noted that the Second Reading will include public input. Motion: 6 485 City Commission Meeting Minutes Boynton Beach, FL May 16, 2023 Commissioner Hay moved to approve Ordinance No. 23-010. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 6. Consent Agenda A. Proposed Resolution No. R23-054- Nuisance Abatement Lien Assess the cost of nuisance abatement on properties within the City of Boynton Beach. B. Sole source purchase of Yokogawa meters and meter components from Classic Controls, Inc. Authorize spending for the amount of $96,800 with Classic Controls, Inc. as the sole source supplier of Yokogawa meters and meter components for Water Treatment Plants and Water Wells. C. Proposed Resolution No. R23-055- Interlocal Agreement between Palm Beach County First Responders related "PSAP" (9-1-1 public safety answering point). Approve and authorize the Mayor and City Manager to sign the Interlocal Agreement between Palm Beach County First Responders related "PSAP" (9-1-1 public safety answering point). D. Proposed Resolution No. R23-056- Boynton Beach Fire and Police Dock Phase 2. Approve and authorize the Mayor to sign the resolution with Florida Inland Navigation District Waterways Assistance Program for Phase 2 of the Boynton Beach Fire and Police Dock. E. Task Order No. CRSUTL-01-2023 for Community Rating System 2023 Annual Recertification. Approve Task Order No. CRSUTL-01-2023 with Lori Lehr, Inc. in the amount of $78,500.00 in accordance with RFQ No. UTL23-001, Community Rating System (CRS) and Climate Resilience Planning Professional Support Services awarded by City Commission on May 2, 2023 for tasks associated with the Community Rating System 2023 yearly recertification. F. Proposed Resolution No. R23-057- Award RFP No. EV23-023 - Fireworks Displays. Approve and authorize the City Manager to sign an agreement with Zambelli Fireworks Manufacturing Co. of Boca Raton, FL as a result of RFP No. EV23-023 for the Fourth of July Fireworks displays for 2023 and 2024, with an additional three (3) one-year options to renew. G. Proposed Resolution No. R23-058- Police Department Security Agreement with The School Board of Palm Beach County Approve and authorize the proper City officials to sign a security agreement and Addendum concerning "Student Information", between The School Board of Palm 7 486 City Commission Meeting Minutes Boynton Beach, FL May 16, 2023 Beach County and the City of Boynton Beach. The agreement provides Boynton Beach Police Officers at designated schools within the City of Boynton Beach while the School District works to hire additional full-time school Police Officers. H. Purchase of Variable Frequency Drives (VFDs) for the East Water Treatment Plant. Approve the purchase of two (2) variable frequency drives (VFDs) from Graybar Electric, Inc. in the amount of $88,720.00 through OMNIA Partners/Insight Public Sector government pricing for the East Water Treatment Plant - High Service Pumps No. 5 & 6 Improvements project. I. Proposed Resolution No. R23-059- Interlocal Agreement with Palm Beach County for Joint Participation - Highview Road from Summit Road to Overlook Road. Approve and authorize the Mayor and City Manager to sign an Interlocal Agreement for Joint Participation with Palm Beach County for the relocation of utilities and the construction of utility adjustments on Highview Road from Summit Road to Overlook Road in the amount of $82,281.25, which includes a 25% contingency. J. Proposed Resolution No. R23-060- General Consulting Services - Amendment and Extension. Approve and Authorize the City Manager to execute Amendments with the Eleven Consultants as a result of RFQ No. 046-2821-17/TP for General Consulting Services, and approve an extension of no more than 180 days with each Consultant or until new RFQ is executed whichever is less. K. Proposed Resolution No. R23-061- Land Use Agreement -Journey Church Parking Lot (July 4, 2023). Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Journey Church for the 4th of July event on Tuesday, July 4, 2023. L. Proposed Resolution No. R23-062- Land Use Agreement - 3301 Quantum Parking Lot (July 4, 2023). Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and 3301 Quantum Owner LLC for the 4th of July event on Tuesday, July 4, 2023. M. Rankings for RFQ No. UTL23-007 for Town of Hypoluxo Septic to Sewer - Progressive Design Build (PDB) - Grant Funded. Approve the rankings as recommended by the Selection Committee and authorize City staff to conduct negotiations with Foster Marine Contractors, the recommended top ranked proposer in response to the Request for Qualifications (RFQ) No. UTL23-007 for Town of Hypoluxo Septic to Sewer - Progressive Design Build (PDB) - Grant Funded. At the completion of negotiations, the contract will be brought back to the Commission for approval. 8 487 City Commission Meeting Minutes Boynton Beach, FL May 16, 2023 N. Sole source purchase of Polyphosphate Corrosion Inhibitor from American Water Chemicals, Inc. Authorize spending for the amount of $79,000 with American Water Chemicals, Inc. as the sole source supplier of AWC A-782 Polyphosphate Corrosion -Inhibitor for Water Treatment Plants. O. Single source purchase of Antiscalant for nanofiltration water treatment from American Water Chemicals, Inc. Authorize spending for the amount of $66,000 with American Water Chemicals, Inc. as the single source supplier of AWC A -102 -Plus Antiscalant for the West Water Treatment Plant. P. Proposed Resolution No. R23-065- Collective Bargaining Agreement between the City and SEIU Florida Public Services Union, CTW, CLC, and Blue Collar Bargaining Unit. The City Manager recommends approval for Commission to ratify SEIU Collective Bargaining Agreement for May 1, 2023 through April 30, 2026. Q. Proposed Resolution No. R23-066- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program, for Mancave for Men Boynton Beach LLC. Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for Mancave for Men Boynton Beach LLC. R. Drive Safe Boynton Approve six (6) Drive Safe Boynton installations with Atlantic Southern Paving in the amount of $80,153.30, in accordance with the Asphalt and Sidewalk Rehabilitation Contract Bid No. PWE22-008, awarded by Commission on April 5, 2022, to provide permanent speed humps and pavement markings. S. Purchases for over $10,000 for April 2023. Accept written report to the Commission for purchases over $10,000 for the month of April 2023. T. Commission Meeting Minutes. Approve minutes from the April 18, 2023 City Commission Meeting. Mayor Perserga pulled Items 6P and 6R. 9 488 City Commission Meeting Minutes Boynton Beach, FL May 16, 2023 Motion: Commissioner Kelley moved to approve the remainder of the Consent Agenda. Commissioner Hay seconded the motion. The motion passed unanimously. P. Proposed Resolution No. R23-065- Collective Bargaining Agreement between the City and SEIU Florida Public Services Union, CTW, CLC, and Blue Collar Bargaining Unit. The City Manager recommends approval for Commission to ratify SEIU Collective Bargaining Agreement for May 1, 2023 through April 30, 2026. Tennille DeCoste, Director of Human Resources and Risk Management, noted that a significant change is the change from October — September to May 1 — April 30, 2026. She said that paid parental leave will go in effect this May. She reviewed changes to the agreement and budget impact. Commissioner Cruz said that she is happy to see the changes, especially for the blue-collar workers. Vice Mayor Turkin said that this makes the City marketable. He stated that he liked the front- loaded increase in the first year and increase in allowances, and that this is a win-win. Commissioner Hay asked how they compare to other cities after the changes. Ms. DeCoste responded that there is still work to be done, but they need to work within their budget. She said that there are other cities that are higher, but it is a step towards fixing what should have been fixed a long time ago. Commissioner Kelley agreed that the City should continue to make changes and take steps forward, to show the employees how much they are appreciated. Mayor Penserga said that he is happy about the changes and correcting the past. Motion: Commissioner Hay moved to approve Resolution No. R23-065. Vice Mayor Turkin seconded the motion. The motion passed unanimously. R. Drive Safe Boynton Approve six (6) Drive Safe Boynton installations with Atlantic Southern Paving in the amount of $80,153.30, in accordance with the Asphalt and Sidewalk 10 489 City Commission Meeting Minutes Boynton Beach, FL May 16, 2023 Rehabilitation Contract Bid No. PWE22-008, awarded by Commission on April 5, 2022, to provide permanent speed humps and pavement markings. Mario Guzman, Director of Public Works, stated that this is to approve six (6) different applications, including 16 additional speed humps, additional markings, and ADA crosswalks. He reviewed the locations and stated that they were vetted through the Drive Safe Program. Commissioner Cruz said that she is happy to see two of the projects in District I. She stated that they need more, but thanked him for the work so far. Vice Mayor Turkin thanked the staff. He asked how many speed humps will be on SE 31St Mr. Guzman responded that he will get the exact answer for Vice Mayor Turkin. Vice Mayor Turkin said that he is still getting feedback that the temporary speed hump is not resolving the issue. Commissioner Hay said that it is long overdue. He asked about the goal. Mr. Guzman said that it is resident -driven but limited by the budget. He mentioned that there is an immediate impact in slowing down vehicles. Commissioner Hay asked how high the speed humps are in the middle and noted that some of them are smooth and cars go right over them. He said that the temporary ones are more effective than the permanent speed humps. Mr. Guzman said that the middle of speed humps is 5 inches tall. Commissioner Kelley said that the Drive Safe presentation was helpful at the last meeting. Mayor Penserga thanked staff for the good work and reiterated that this is resident driven. Motion: Commissioner Kelley moved to approve Item 6R. Commissioner Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R23-063- Operational purchase of NAPA for vehicle/equipment parts. Approve and authorize the City Manager to sign the agreement for the operational purchase of a source of supply for certain auto, truck, and bus parts by Genuine Parts Company, in accordance with the terms & conditions set forth in the Sourcewell and 11 490 City Commission Meeting Minutes Boynton Beach, FL May 16, 2023 NAPA Contract No. 110520 -GPC, in the amount of $892,588 with an annual expenditure of $1,200,000 for the length of the contract. The Sourcewell Contract satisfies the City's Procurement requirements. B. Verizon Connect Telematics System for City Vehicles. Approve an annual blanket purchase order with Verizon Connect for telematics on City vehicles, piggybacking the State of Florida Department of Management Services Contract #DMA -19/20-006C for the length of contract term which expires on August 23, 2026, with an estimated annual expenditure of $225,000. C. Approve a purchase order for the Boynton Beach Blvd. 20 -inch Sanitary Sewer Project Cured -In -Place Pipe Lining. Requesting Commission to approve expenditure with Granite Inliner, LLC as the lowest pre -qualified bidder as determined by review of bids submitted on April 7, 2023 for the Boynton Beach Blvd. 20 -inch Sanitary Sewer Project in response to the Request for Bids for Cured -in -Place Pipe Lining, (Bid No. ITB 01-CIPP2-23) in the amount of $699,780.00 plus a 10% contingency of $69,978.00 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $769,758.00 based on unit costs provided by Granite Inliner, LLC. D. Purchase Order for 8 -inch Sanitary Sewer Repair. Approve a Confirming Purchase Order for $297,352.00 issued to Johnson -Davis Inc., for the emergency repair of an 8 -inch gravity sewer main. E. Resurfacing and Traffic Calming on North Railroad Ave, NE 11th, 12th, and 13th Avenues. Approve Task Order 158 with Atlantic Southern Paving in the amount of $337,382.70 in accordance with the Asphalt and Sidewalk Rehabilitation Contract (Annual Contract) Bid No PWE22-008, awarded by Commission on April 5, 2022, to provide asphalt and sidewalk rehabilitation to NE 11th Ave, NE 12th Ave, NE 13th Ave and N Railroad Ave between Seacrest Blvd and the FEC Railroad. F. Proposed Resolution No. R23-064- Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use of Unit 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) Program and associated Lease Agreement with Wells Landing Apartments, LLC for Unit 8. Approving and authorizing the proper City officials to execute an Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use of Unit 8 at The Heart of Boynton Shops for the 12 491 City Commission Meeting Minutes Boynton Beach, FL May 16, 2023 Neighborhood Officer Policing (NOP) Program and the associated Lease Agreement with Wells Landing Apartments, LLC for Unit 8. G. Piggyback of Buyboard Contract with Boundtree Medical for the City's medical supplies. Approve piggyback of Buyboard Contract 704-23 with Boundtree Medical for the City's medical supplies on an as needed basis with an estimated annual purchase of $150,000. The Buyboard procurement process satisfies the City's competitive bid requirements. H. Task Order UT -3E-07 for West Architecture + Design, LLC to complete design for the Utilities Administration building renovations at 124 East Woolbright Road. Approve Task Order UT -3E-07 for West Architecture + Design, LLC to provide Architectural and Engineering (Structural and MEP) services to renovate the existing Utilities Administration Building, 124 E. Woolbright Road in the amount of $130,290.00. Commissioner Hay pulled Item 7A. Motion: Commissioner Cruz moved to approve the remainder of Bids and Purchases over $100,000. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 7A. Proposed Resolution No. R23-063- Operational purchase of NAPA for vehicle/equipment parts. Approve and authorize the City Manager to sign the agreement for the operational purchase of a source of supply for certain auto, truck, and bus parts by Genuine Parts Company, in accordance with the terms & conditions set forth in the Sourcewell and NAPA Contract No. 110520 -GPC, in the amount of $892,588 with an annual expenditure of $1,200,000 for the length of the contract. The Sourcewell Contract satisfies the City's Procurement requirements. Mr. Guzman explained the supply chain issues. He said that the opportunity costs will be greater through this agreement. He commented that this will free up the time for City staff. Commissioner Hay asked about the square footage. Mr. Guzman said that they will be housed within the existing shop. He noted that they will no longer own the inventory and NAPA will be buying their current inventory. Commissioner Kelley asked about the agreement terms. 13 492 City Commission Meeting Minutes Boynton Beach, FL May 16, 2023 Mr. Guzman said that he believes it is three years with two one-year renewals, but he will confirm via email. Commissioner Kelley said that it is good to save money and be more productive. Motion: Commissioner Hay moved to approve the Resolution R23-063. Commissioner Kelley seconded the motion. The motion passed 4-0. Commissioner Cruz stepped away from the dais. 10. Unfinished Business A. Continue discussion & selection of Ukraine Sister City. Tabled from the April 18, 2023 City Commission Meeting. Motion: Commissioner Hay moved to remove the item from the table. Vice Mayor Turkin seconded the motion. The motion passed unanimously. Vice Mayor Turkin said that he is comfortable moving forward and mentioned his preferred option of Chornomorske. The rest of the Commission agreed with Vice Mayor Turkin's recommended City. Mayor Penserga opened public audience. No one came forth. He closed public audience. Motion: Vice Mayor Turkin moved to approved Item 10A. Commissioner Hay seconded the motion. The motion passed unanimously. Assistant City Manager Matos clarified the next steps. 11. New Business A. Discussion regarding Ordinance for giving preference to local businesses. Discussion requested by Commissioner Cruz. Mara Frederiksen, Director of Financial Services, said that her and Kristeena Pinto, Purchasing Manager, do not have a presentation but are available to answer questions. Commissioner Cruz said that she was speaking to local business owners and was asked about why there is preference in Delray Beach but not in Boynton Beach. She reviewed the 14 493 City Commission Meeting Minutes Boynton Beach, FL May 16, 2023 policy language and proposed a 30% preference. She asked how many local businesses the ordinance has helped secure government contracts. Ms. Pinto spoke about a recent award to a local business for the Hester Center. She said that they awarded $1.7M to local businesses in 2022 and $2.2M this year, to date. She said that she is working with the ITS department on a database. Commissioner Cruz asked about the bid process. Ms. Pinto said that their department would receive three quotes and the lowest would be selected for goods and services, for bids under $50,000. Commissioner Cruz asked about advertising. Ms. Pinto said that the Procurement site links to the bidding platform for formal solicitations. Commissioner Cruz read the ordinance policy language under 2D and asked for clarification on "purchasing requirements." Ms. Pinto explained the required documents. Commissioner Cruz asked how a local business would know a contract is available to bid. Ms. Pinto replied that they would not know, which is why they are trying to create a database, so the Departments have a list of vendors. Commissioner Cruz read her proposed language change for the policy. She asked how effective the 5% preference has been. Ms. Pinto said that not many and noted that only 45 businesses are receiving solicitations in their current system. Commissioner Cruz requested increased advertising to local businesses and supporting the local economy. Vice Mayor Turkin said that he disagrees with a 30% preference. He stated it is not financially responsible, but supports an increase over 5%, and that he likes the idea of a streamlined database. Commissioner Hay agreed with Vice Mayor Turkin. He asked how often a local vendor is close to the 5%. Deputy City Andrew Mack said that he has not seen it often on larger projects. He noted that they can do a better job advertising the opportunities. 15 494 City Commission Meeting Minutes Boynton Beach, FL May 16, 2023 Commissioner Kelley said that the focus should be under $50,000. She stated that the database is great, and encouraged continued outreach to local businesses to bid. She mentioned that she is not comfortable changing the percentage for opportunities over $50,000. Commissioner Cruz said that her 30% recommendation was taken out of context. She noted that she was proposing a tangible way to better support local businesses. Deputy City Manager Mack said that they could host a popup event for local vendors. Ms. Frederiksen shared that in FY22 they awarded 40 local vendors and in FY23 they awarded 30 vendors. Ms. Pinto said that they also participated in a recent vendor event in Palm Beach Gardens. Mayor Penserga said that staff has sufficient direction to come back with an update. City Manager Dugger said that they should focus on contracts under $50K. Mayor Penserga asked Counsel for next steps. City Attorney Cirullo said that City Manager Dugger can bring back a redlined policy for the Commission to review. He stated that it is not codified as an ordinance. Commissioner Cruz said that she would like to have a specific ordinance. Vice Mayor Turkin agreed with proposing an ordinance. He suggested creating a tier system with a dollar amount so there is not a huge increase in cost to the City. Commissioner Hay supports an ordinance. Commissioner Kelley said that she would like to hear from Ms. Frederiksen what makes sense financially. Ms. Frederiksen said that they can bring that information back. B. Discussion Regarding Minimum Unit Size. Staff has completed a preliminary review of near -by municipality regulations as they relate to minimum unit sizes for multifamily and mixed-use projects, requested by Commissioner Cruz. Amanda Radigan, Planning and Zoning Director, introduced the item. She summarized the other municipalities they looked at and reviewed the commonalities. She reviewed the 16 495 City Commission Meeting Minutes Boynton Beach, FL May 16, 2023 recently approved projects including 500 Ocean, Casa Costa, Monteverde/Renaissance Commons, and Cortina Sea Lofts. Commissioner Cruz said that the units are getting smaller and less comfortable. She referenced SB 102. Commissioner Kelley said that size does not always matter and the City should be offering a wide variety of options. She asked staff for their recommendation. Ms. Radigan said that they are not getting a lot of waste and flexibility is important with affordable housing. She said that the average is appealing since it provides options. She noted that a vast majority of cities they looked at had 400 sq. ft. as a minimum. She mentioned all cities they looked at, except for two that did not regulate micro -units. Commissioner Hay stated that he likes the flexibility of using an average square footage. He said that he does not know if he has enough information to decide at this point. Ms. Radigan said that she could calculate the existing average from past approvals to make a recommendation. Mayor Penserga said that he would like more information. Vice Mayor Turkin commended Commissioner Cruz and said the idea is genius. He stated that they are responsible for the quality of life for residents and not the bottom line of developers. He mentioned that he believes 700 or 750 square feet is a start. Mayor Penserga said that he would like to see a hard limit but flexibility throughout the range. He mentioned that he is intrigued by the averaging method. He asked Commissioner Cruz what she is interested in proposing. Commissioner Cruz said that she wants to propose a minimum size for one, two, and three- bedroom units but is open to Commission input. She asked staff to bring back some options. Ms. Radigan said that the primary options are included in the presentation. She noted that 400 square feet is the lowest minimum. She commented that she would be happy to bring back options for averaging. Mayor Penserga said that it would be prudent for staff to bring back several scenarios before they move on to an ordinance. 8. Public Hearing 6 P.M. or as soon thereafter as the agenda permits. T he City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 17 496 City Commission Meeting Minutes Boynton Beach, FL May 16, 2023 9. City Manager's Report 12. Legal A. Proposed Ordinance No. 23-009- First Reading- Towing Services Administrative Charge. Amending Chapter 14 "Motor Vehicles and Traffic" by creation of Section 14-5.1. Title "Towing Services Administrative Charge.' City Attorney Cirullo read the title into the record. Chief Joe DeGiulio provided background on the item. He reviewed the statute. Vice Mayor Turkin said that he had no questions on the item but would like an update on recruitment efforts. Motion: Commissioner Cruz moved to approved Item 12A. Commissioner Kelley seconded the motion. The motion passed unanimously. Vice Mayor Turkin shared a recent personal experience he had with a vacation rental confrontation and Police response. Chief DeGiulio provided an update on recruitment. He acknowledged that they do have vacancies, but they are putting forth all efforts to make sure they are in single digit numbers by June. B. Proposed Ordinance No. 23-010- First Reading- Historical Designation of 413 NE 12th Avenue. Approve the request from Dr. Martha Light Meeks, the property owner for the designation of 413 NE 12th Avenue, and the addition of the c.1941 Wood Frame Vernacular, one-story single-family house to the City's Local Registry of Historic Sites. This item was previously heard. 13. Future Agenda Items A. Advisory Board Annual Reappointments and Appointments.- Tabled from April 4, 2023. -TBD 18 497 City Commission Meeting Minutes Boynton Beach, FL May 16, 2023 B. Discussion for Ordinance regarding tints for paraphernalia shops. -TBD Discussion requested by Vice Mayor Turkin. C. Discussion regarding future cemetery lots in Boynton Beach. -TBD Discussion requested by Commissioner Hay. D. Discuss and review Advisory Board Ordinance changes- first reading. -TBD Discussion requested by Commissioner Kelley. E. Consider revised local rules for approval. -TBD Discussion requested by Mayor Penserga. F. Discussion regarding downtown parking master plan. TBD Discussion requested by Mayor Penserga. G. Discussion regarding changing minimum requirements for traffic studies. -TBD Discussion requested by Vice Mayor Turkin. H. Discussion regarding bringing more jobs to the City at former ToysRUS.-TBD Discussion requested by Vice Mayor Turkin. I. Discussion regarding housing for the homeless in the City. -TBD Discussion requested by Commissioner Hay. 14. Adjournment ►4 Rt M-1 Commissioner Kelley moved to adjourn the meeting. Vice Mayor Turkin seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 8:57 P.M. CITY OF BOYNTON BEACH ATTEST: Tammy Stanzione, CMC Deputy City Clerk 19 498 7.A Consent Bids and Purchases over $100,000 06/6/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/ 6/2023 Proposed Resolution No. R23-076- Esri Small Government Enterprise Agreement. Requested Action by Commission: Approve and authorize the City Manager to sign a new three year Small Government Enterprise License agreement with Environmental Systems Research Institute (Esri) with a total cost of $170,100.00 to continue the use of the Esri's ArcGIS (Geographic Information Systems) software platform. Explanation of Request: In 2017, having identified a growing need among City departments for the use of geographic information systems (GIS) software, it was decided that the City should upgrade its license agreement with Esri (the software provider for our GIS) to the Small Government Enterprise License Agreement because it represented the best value for the expected rate of growth based on a comparison of alternatives. This was also a recommendation of the GIS strategic plan drafted in 2015. The investment has been very positive. Note that GIS is a system that allows the City to collect, store, manage, and share its spatial data - data that has location information. This has resulted in many new deliverables for the improvement of City services. Examples include digital mapping of Utilities infrastructure and assets as well as mobile apps for field personnel to work with the data; interactive maps detailing Public Works' pavement ratings and capital improvement strategy; a growing gallery of public apps and interactive maps providing a wide variety of information such as solid waste pickup days, vacant parcels, public art, parks, historical sites, land use, and our urban tree canopy; and mobile GIS apps for post -hurricane damage assessment. Additionally, it has enabled our Economic Development team to make use of Esri's Business Analyst software to maximize location data in their strategies with local business retention and recruitment. In 2020, the Small Government Enterprise License Agreement was renewed with a new three year agreement. The previous three-year agreement is expiring. This request is intended to maintain this resource to allow for the continued leveraging of this technology in the improvement of public 499 service delivery. How will this affect city programs or services? This will maintain the capacity we invested in six years ago and have since leveraged to reinforce our digital government efforts across a variety of departments/divisions including Utilities, Public Works, Development, Planning and Zoning, Economic Development, Building, Police, among others. We currently have 215 users across the City organization using our GIS software platform either via cloud and mobile applications or on their desktop. We expect this number to grow which is why we are requesting the renewal of this agreement. Fiscal Impact: The total cost of this three-year agreement will be $170,100 It will be divided up as follows: Year 1: $56,700 Year 2: $56,700 Year 3: $56,700 The funding is intended to be split 50/50 between the ITS Department and Utilities as under the previous agreement. Attachments: Resolution approving the ESRI License Agreement (2023) Esri SGEA Quote # Q-487506 - Esri Revised Final.pdf Sole Source Esri Small Government Enterprise Agreement J-8933-SGEA.pdf Sole Source Justification Form - Esri FH signed.pdf 500 1 RESOLUTION NO. R23-076 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 5 NEW THREE YEAR SMALL GOVERNMENT ENTERPRISE LICENSE 6 AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH 7 INSTITUTE (ESRI) WITH A TOTAL COST OF $170,100.00 TO 8 CONTINUE THE USE OF THE ESRI'S ARCGIS (GEOGRAPHIC 9 INFORMATION SYSTEMS) SOFTWARE PLATFORM; AND PROVIDING 10 AN EFFECTIVE DATE. 11 12 WHEREAS, in 2017, having identified a growing need among City departments for 13 the use of geographic information systems (GIS) software, it was decided that the City 14 should upgrade its License Agreement with Esri (the software provider for our GIS) to the 15 Small Government Enterprise License Agreement because it represented the best value for 16 the expected rate of growth based on a comparison of alternatives; and 17 WHEREAS, in 2020, the Small Government Enterprise License Agreement was 18 renewed with a new three year agreement; and 19 WHEREAS, as the previous three year agreement is expiring, this Agreement is 20 intended to maintain this resource to allow for the continued leveraging of this technology 21 in the improvement of public service delivery; and 22 WHEREAS, upon recommendation of staff, the City Commission does hereby 23 approve and authorize the City Manager to sign a new three year Small Government 24 Enterprise License agreement with Environmental Systems Research Institute (Esri) with a 25 total cost of $170,100.00 to continue the use of the Esri's ArcGIS (Geographic Information 26 Systems) software platform. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 28 OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission hereby approves and authorizes the City 33 Manager to sign a new three year Small Government Enterprise License agreement with 34 Environmental Systems Research Institute (Esri) with a total cost of $170,100.00 to continue S:ACA\RESO\Agreements\ESRI License Ageement (2023) - Reso.Docx 501 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 the use of the Esri's ArcGIS (Geographic Information Systems) software platform. A copy of the License Agreement is attached hereto and incorporated herein by reference as Exhibit "A". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this 6th day of June, 2023 ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\ESRI License Ageement (2023) - Reso.Docx YES NO 502 THE esri OFENCE WHERE' Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-3134175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 1/30/2023 To: 712912023 Material Qty Term 168179 1 Year Quotation # Q-487506 Date: January 30, 2023 Customer # 101023 Contract # City of Boynton Beach Information Technology Services 100 E Ocean Ave Boynton Beach, FL 33435-4515 ATTENTION: Jennifer Marangos PHONE: (561) 742-6078 EMAIL: marangosj@bbfl.us Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription 168179 Year 2 Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription 168179 Year 3 Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription Unit Price $56,700.00 $56,700.00 $56,700.00 Total $56,700.00 $56,700.00 $56,700.00 Subtotal: $170,100.00 Sales Tax: $0.00 Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00 Total: $170,100.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Email: Phone: Ben McCrary bmccrary@esri.com 704-541-9810 x1666 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets. esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third -party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third -party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. MCCRARYB This offer is limited to the terms and conditions incorporated and attached herein. 503 Esri Use Only: Cust. Name City of Boynton Beach Cust. # 101023 PO # Esri Agreement # 00319660.0 SIIS II,,,,,III,,,,, IEIIN III "'IIEIIIAIlPllf 111 llliiiii', IIf� IlElE,lll Illiiiii',IIN"'f" U IIN"'III"' IN IE) III U IIN IIIQIII IIP III,,,,,III"'f" IIC ,IIf IlN 111 llf;;;°, IIN"'r (11E.:.; 14,,,, ) ftlW R`i�rr This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table ll,,,,,liit of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise (Advanced and Standard) ArcGIS Monitor ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Additional Capability Servers ArcGIS Image Server Developer Tools ArcGIS Runtime Standard ArcGIS Runtime Analysis Extension Limited Quantities One (1) Professional subscription to ArcGIS Developer Two (2) ArcGIS CityEngine Single Use Licenses 250 ArcGIS Online Viewers 250 ArcGIS Online Creators 37,500 ArcGIS Online Service Credits 250 ArcGIS Enterprise Creators 5 ArcGIS Insights in ArcGIS Enterprise 5 ArcGIS Insights in ArcGIS Online 50 ArcGIS Location Sharing for ArcGIS Enterprise 50 ArcGIS Location Sharing for ArcGIS Online 4 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 4 ArcGIS Utility Network User Type Extensions (Enterprise) 4 ArcGIS Trace Network User Type Extensions (Enterprise) OTHER BENEFITS Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor -led training classes at Esri facilities purchased outside this Agreement *Additional sets of backup media may be purchased for a fee Page 1 of 7 January 3, 2023 504 Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: City of Boynton Beach (Customer) By: Authorized Signature Printed Name: Title: Date: Contact: Address: City, State, Postal Code: Country: Quotation Number (if applicable) CUST II IIf;;;;llf C NTAC"'III"' IIINIF IIf I ATIII IN Q-487506 Telephone: Fax: E-mail: Page 2 of 7 January 3, 2023 505 I „ 0,,,,,,,,,,,,,,,, AIDDIi „n„ iii O A ii,,,,, IIF;; E iii,,: iii iii IONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization (s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A—List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization (s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. 2 „ 0,,,,,,,,,,,,,,,, Aniii „n„iii iN M GRAN „I„ IF III,,,,,,iii iii,,,, i s iii,,,, 2,1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2...2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third -party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. „0....................I,iii,,,,iii ii a „Ii11:Eiii:Ri i1NA„n„iIGN,, AMID Il xiii:iii A„n„iIGN 3...1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3...2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3...3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3,4 Termination for Lack of Funds. For an Agreement with government or government - Page 3 of 7 January 3, 2023 506 owned entities, either party may terminate this Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body's approval process. 3,5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a... "'III'°liieir 1 Sullplpoiirt 1, Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2... The Tier 1 Help Desk will be fully trained in the Products. „0................II IRODU "'n"' U1PDA"'n"'IES 3 At a minimum, Tier 1 Support will include those activities that assist the user in 4.1 Future Updates. Esri reserves the right to resolving how-to and operational questions update the list of Products in Table A—List of as well as questions on installation and Products by providing written notice to troubleshooting procedures. Customer. Customer may continue to use all Products that have been Deployed, but support 4. The Tier 1 Help Desk will be the initial point and upgrades for deleted items may not be of contact for all questions and reporting of a available. As new Products are incorporated into Case. The Tier 1 Help Desk will obtain a full the standard program, they will be offered to description of each reported Case and the Customer via written notice for incorporation into system configuration from the user. This the Products schedule at no additional charge. may include obtaining any customizations, Customer's use of new or updated Products code samples, or data involved in the Case. requires Customer to adhere to applicable additional or revised terms and conditions in the 5 If the Tier 1 Help Desk cannot resolve the Master Agreement. Case, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The 4,2 Product Life Cycle. During the Term of Tier 1 Help Desk will provide support in such Agreement, some Products may be retired or a way as to minimize repeat calls and make may no longer be available to Deploy in the solutions to problems available to identified quantities. Maintenance will be subject Customer's organization. to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, 6 Tier 1 Help Desk individuals are the only which can be found at individuals authorized to contact Tier 2 https:Hsupport.esri.com/en/other- Support. Customer may change the Tier 1 resources/product-life-cycle. Updates for Help Desk individuals by written notice to Products in the mature and retired phases may Esri. not be available. Customer may continue to use Products already Deployed, but Customer will b... "'III"'liieir 2 Support not be able to Deploy retired Products. 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 5.0 ................ IiAlil „n„Iii,,,,lNAlN lii,,,, The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at htti)s://www.esri.com/en- us/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other Z. Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to Page 4 of 7 January 3, 2023 507 supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5... When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. „„0,,,,,,,,,,,,,,,, 7,1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7,2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8„0,,,,,,,,,,,,,,,, i1z11:: iii:::aiiZiiiN0, ADKIMIS F- A„n„iIVE IIDEiii,,,JIVEiRY, AND IC; E iP ii.....0Y iii:::: „1„ ,1 Orders, Delivery, and Deployment a... Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee up to thirty (30) calendar days before the annual anniversary date for each year. b... Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri reserves the right to suspend Customer's access to and use of Products if Customer fails to pay any undisputed amount owed on or before its due date. Esri may charge Customer interest at a monthly rate equal to the lesser of one percent (1.0%) per month or the maximum rate permitted by applicable law on any overdue fees plus all expenses of collection for any overdue balance that remains unpaid ten (10) days after Esri has notified Customer of the past -due balance. c... Esri's federal ID number is 95-2775-732. d... If requested, Esri will ship backup media to the ship -to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. ,2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a... All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. b... The following information will be included in each Ordering Document: Page 5 of 7 (1) Customer name; Esri customer number, if known; and bill -to and ship -to addresses (2) Order number (3) Applicable annual payment due January 3, 2023 508 „ °°°°°°°.°IMIIE.ERGIEI .Su AcQUSII"'1"IIIGINS, GIII IIIIIIVIIfiii S"'�"III"'�"U IFS IEiiiiS If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9...1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9...2 If an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. 9...3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. 10,0 ............. CIII"'III"'Y "'III"'llfiiiil1Z S 10.1 Public Records. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: Keep and maintain public records required by the CITY to perform the service; Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law, Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 10,2 Scrutinized Companies - 287.135 AND 215.473. By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. Page 6 of 7 January 3, 2023 509 If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 10.3 E -Verify CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. Definitions for this Section: A. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E -Verify System" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub- consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E - Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach. Page 7 of 7 January 3, 2023 510 SOLE SOURCE LETTER Environmental Systems Research Institute, Inc. (Esri) 380 New York Street Redlands, CA 92373 DATE: January 17, 2023 TO: Whom It May Concern FROM: Jackie Ricks, Contracts Specialist I, Contracts and Legal Services Dept. RE: Esri Sole Source Justification for Small Municipal and County Government Enterprise Agreement This letter confirms Esri, as owner and manufacturer, is the sole source provider of all U.S. domestic Small Municipal and County Government Enterprise Agreements (EA). The Small Municipal and County Government EA is a bundled package of term limited software licenses and maintenance that includes the right to copy. Esri is the only source that can grant a right to copy and deploy Enterprise Software within your organization (Enterprise). Also, domestically Esri is the only source of maintenance (updates and technical support) for all Esri® software. If you have further questions, please feel free to call our Contracts and Legal Services Department at 909-793-2853, extension 1990. s ie Ricks J-8933-SGE/JR January 17, 2023 Esri 380 New York St., Redlands, CA 92373-8100, USA • TEL 909-793-2853 • FAX 909-793-5953 • E-MAIL info@esri.com • WEB www.esri.com 511 Purchasing Division Sole/Single Source Justification Form This form shall be completed and approved prior to all sole source purchases Sole Source Definition - Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity, service, or construction, or; b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or; c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Definition - A procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. Section A — Purchase Details Requester Department Innovation Technology Solutions Division Point of Contact Charles Stevens Phone Number 561-742-6079 Vendor Company Name Environmental Systems Research Institute, Inc. Address 380 New York Street, Redlands, CA 92373 Phone Number 909-793-2853, extension 1990 Point of Contact and Title Jackie Ricks, Contracts Specialist What other vendors were contacted? (List company name, contact, and phone number and explain why they were not suitable) No other vendors were contacted because Esri is the Sole Source provider of all U.S. domestic Small Municipal and County Government Enterprise Agreements (EA). Product or Service Product/Service Name Small Government Enterprise Agreement Manufacturer Environmental Systems Research Institute, Inc. Make/Model # Price $170,100.00 ($56,700 a year for 3 -years) Did you negotiate the terms or prices with the vendor? ® Yes ❑ No Why is this price considered to be fair and reasonable? Comparison performed using the State of Florida Managed Services website to compare rates on what they have on file for Consultants. 512 Purchasing Division Sole/Single Source Justification Form Will this purchase obligate the City to a particular vendor in the future? (Either in terms of maintenance, services, or re -purchase for compatibility reasons) ® Yes ❑ No Yes for the actual software, but not for the services that can be provided for this software. Section B — Justification This is a sole source because (choose any that apply): ® Sole provider of a licensed or patented good or service ® Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. ® Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) ❑ Single Source of factory -authorized warranty service ❑ Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best -value purchase for the City and is advantageous to the City. (Please provide information on current market prices, availability, etc.) What necessary features does this vendor provide which are not available from other vendors? Please be specific. The vendor provides the City's Geographic Information Systems software platform. Other vendors do not have this suite nor anywhere near the level of features that we use. Attach documentation to substantiate this sole source claim including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. Section C — Routing, Certification and Approval My department's recommendation for a sole source purchase is based upon an objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials, or firms been a deciding influence on my request to sole source this purchase when there are other known suppliers that exist. 1. Department Director Y /a4l� 5/2/23 Signature Date 2. Purchasing Manager/Finance Director Based on the information provided in Sections A and B and the attached supporting documents, I recommend ❑ / do not recommend ❑ this being certified as a sole source. Required ❑ / not required ❑ to be advertised for a period of 7 business days before award. Signature Date 513 7.13 Consent Bids and Purchases over $100,000 06/6/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/ 6/2023 Proposed Resolution No. R23-077- Approve Award of Bid No. UTL23-025 for Silverwood Area Wastewater Force Main Installation Requested Action by Commission: Approve Award of Bid No. UTL23-025 for Silverwood Area Wastewater Force Main Installation project and authorize the City Manager to sign a contract with and issue a purchase order to the lowest responsive and responsible bidder Southern Underground Industries, Inc. of Pompano Beach, Florida in the amount of $1,660,135.00 plus a 10% contingency of $166,013.50 if needed for staff approved change orders for unforeseen conditions for a total expenditure of $1,826,148.50. Explanation of Request: On March 21, 2023, Purchasing Services issued a Bid for Silverwood Area Wastewater Force Main Installation project with a mandatory pre-bid and site visit meeting held on March 30, 2023 in order to review the project with interested and qualified contractors. The purpose of the bid was to obtain the services of a qualified Contractor for the installation of a total of 6,900 LF of 6inch to 10inch pipe along Hypoluxo Road and Lawrence Road. The project involves horizontal directional drilling, milling and re- paving, tie-in piping, gate valves, air release valves, valve boxes, fittings, all the necessary maintenance of traffic, dewatering, trenching, excavations, backfilling, compacting, erosion and sedimentation control, surface restoration, testing, commissioning, and all other incidentals required for the construction of the force main in accordance with the contract drawings and specifications. On April 20, 2023, Purchasing received and opened a total bids (5) bid proposals for Bid No. UTL23-025 Silverwood Area Wastewater Force Main Installation project. However, three were deemed non-responsive due to missing required documentation. Therefore, only two bid proposals were accepted and evaluated. The bid proposals and supplemental information were reviewed by Purchasing Services and Carollo Engineers, Inc. the Engineer of Record. Based on the reference reviews, and bid review evaluation of all the information provided as well as the specific project experience qualifications criteria established in the Bid Documents, City Staff and Purchasing Services recommend the project be awarded to Southern Underground Industries, Inc. as the lowest most responsive, responsible bidder. VENDOR NAME BID TOTAL 514 Bid Proposal #1 Southern Underground $11660,135.00 Industries, Inc. Bid Proposal #2 Accurate Drilling Systems, Inc. $2,993,480.00 How will this affect city programs or services? The City anticipates growth of its sewer service within the Northwest portion of the service area, primarily known as the Silverwood area. Due to the growth of the system, along with current capacity challenges experienced at lift stations within this area, infrastructure improvements will be constructed. Fiscal Impact: The total authorized funding for the project including the requested 10% contingency is $1,826,148.50. Attachments: Resolution approving Award of Bid and Contract for Silverwood Wastewater Force Main (Southern Underground) Contract (Construction) - UTL23-025 Silverwood Force Main - Contractor Signed 5/24/23 Bid Tabulation UTL23-025.pdf Southern Underground -UTI -23-025 Bid Submittal.pdf Silverwood FM_Carollo Engineers, Inc. Opinion of Bid Acceptability. pdf 515 1 RESOLUTION NO. R23-077 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AWARD OF BID NO. UTL23-025 FOR SILVERWOOD AREA 5 WASTEWATER FORCE MAIN INSTALLATION PROJECT AND 6 AUTHORIZE THE CITY MANAGER TO SIGN A CONTRACT WITH AND 7 ISSUE A PURCHASE ORDER TO THE LOWEST RESPONSIVE AND 8 RESPONSIBLE BIDDER SOUTHERN UNDERGROUND INDUSTRIES, INC. 9 OF POMPANO BEACH, FLORIDA IN THE AMOUNT OF $1,660,135.00 10 PLUS A 10% CONTINGENCY OF $166,013.50 IF NEEDED FOR STAFF 11 APPROVED CHANGE ORDERS FOR UNFORESEEN CONDITIONS FOR A 12 TOTAL EXPENDITURE OF $1,826,148.50; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 WHEREAS, On March 21, 2023, Purchasing Services issued a Bid for Silverwood 16 Area Wastewater Force Main Installation project to obtain the services of a qualified 17 Contractor for the installation of a total of 6,900 LF of 6 inch to 10 inch pipe along Hypoluxo 18 Road and Lawrence Road; and 19 WHEREAS, On April 20, 2023, Purchasing received and opened a total of five (5) bid 20 proposals for Bid No. UTL23-025 Silverwood Area Wastewater Force Main Installation project; 21 however, three were deemed non-responsive due to missing required documentation; and 22 WHEREAS, based on the reference reviews, and bid review evaluation of all the 23 information provided as well as the specific project experience qualifications criteria 24 established in the Bid Documents, City Staff and Purchasing Services recommend the project 25 be awarded to Southern Underground Industries, Inc. as the lowest most responsive, 26 responsible bidder; and 27 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 28 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 29 approve award of Bid No. UTL23-025 for Silverwood Area Wastewater Force Main Installation 30 project and authorize the City Manager to sign a contract with and issue a purchase order to 31 the lowest responsive and responsible bidder Southern Underground Industries, Inc. of 32 Pompano Beach, Florida in the amount of $1,660,135.00 plus a 10% contingency of $166,013.50 33 if needed for staff approved change orders for unforeseen conditions for a total expenditure 34 of $1,826,148.50. 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 36 OF BOYNTON BEACH, FLORIDA, THAT: 37 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 38 as being true and correct and are hereby made a specific part of this Resolution upon 39 adoption. 40 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby S:ACA\RESO\Agreements\Award Bid And Contract For Silverwood Wastewater Force Main (Southern Underground) - Reso.Docx -1- 516 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 approves award of Bid No. UTL23-025 for Silverwood Area Wastewater Force Main Installation project and authorize the City Manager to sign a contract with and issue a purchase order to the lowest responsive and responsible bidder Southern Underground Industries, Inc. of Pompano Beach, Florida in the amount of $1,660,135.00 plus a 10% contingency of $166,013.50 if needed for staff approved change orders for unforeseen conditions for a total expenditure of $1,826,148.50. A copy of the Contract is attached hereto and incorporated herein as Exhibit „A„ Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this 6th day of June, 2023. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor - Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Award Bid And Contract For Silverwood Wastewater Force Main (Southern Underground) - Reso.Docx -2- 517 N CONSTRUCTION CONTRACT SILVERWOOD AREA WASTEWATER FORCE MAIN INSTALLATION THIS AGREEMENT is entered into by and between the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FIL 33435, hereinafter referred to as "CITY", and Southern UnqqLgLouncl Industries, Inc. a (type of entity: corporation) authorized to do business in the State of Florida, with a business address of 794 S. Military Trail, Deerfield Beach, Florida 33442, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has selected the CONTRACTOR to perform construction services related the SILVERWOOD AREA WASTEWATER FORCE MAIN INSTALLATION; and, WHEREAS, at its meeting of June 6,_2023, by Resolution, the CITY Commission approved this award to CONTRACTOR and authorized the proper CITY officials to execute this Agreement hereinafter referred to as Contract No.: UTI -23-026. NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. f' IONTRACTOR s form CITY of Boynton Beach ("CONSULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with the completion of the WORK in accordance with the Contract Documents. 3.01 Contract Time. The WORK will be substantially completed within = [two hund r ra seventy] calendar days from the effective date of this Agreement, when the ContJ Time commences to run as provided in paragraph 2.3 of the General Conditions a completed and ready for final payment in accordance with paragraph 14.9 of the Gene Conditions within 3Q calendar days from the date of Substantial Completion. 3.02 Termination for Convenience. This Agreement may be terminated by CITY convenience, upon providing fourteen (14) business days of written notice CONTRACTOR for such termination, In the event of termination, CONTRACTOR sh be paid its compensation for services performed till the termination date, includi services reasonably related to termination. In the event that CONTRACTOR abando this Agreement or causes it to be terminated, CONTRACTOR shall indemnity CII against loss pertaining to this termination. 3.03 Termination for Cause. In addition to all other remedies available to CITY, th �J Agreement shall be subject to cancellation by CITY for cause, should CONTRACTO neglect or fail to perform or observe any of the terms, provisions, conditions, requirements herein contained, if such neglect or failure shall continue for a period Bid No. UTL23-025 — Sherwood Force Main M 518 thirty (30) days after receipt by CONTRACTOR of written notice of such neglect or failure 3.04 Liquidated Damages. The CITY time iacfthe essence ofthis Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 mbove, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered bythe CITY inthe event ofthe failure cf CONTRACTOR toperform inatimely manner, but neither one has been capable of ascertaining such damages with certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expenoe, and difficulties involved in proving in a legal preceding the actual |oao suffered bythe CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as e penalty) CONTRACTOR shall pay the CITY, [One Thousand Two Hundrqd] Dollars (��00.0�0) for each day of that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY ffbree Hundred J Dollars r$300.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. CITY shall pay CONTRACTOR, for the faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions asprovided inthe Contract Documerts. a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, o copy of such Bid Form being n part of the Contract Documante, the aggregate amount of this Contract (obtained from either the lump sum phce, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: ONE MILLION SIX HUNDRED SIXTY THOUSAND ONE HUNDRED THIRTY-FIVE AND ZERO CENTS C[}NTFW\CTORshall submit Applications for Payment inaccordance with Article 14ofthe General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 PmQnema Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month, All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior toSubstantial Completion progress payments will be made inanamount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, inaccordance with paragraph 14.Softhe General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, on updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the ymwo.urou-ozs-snvemvvnururcew^m c-2 519 Work that is the subject of the Application. Each Application for Payment shall be submitted tVthe CITY for approval. The CITY shall make payment tothe CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission ofanacceptable updated progress schedule. 5/4 Five percent (S) of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached and acceptance byCITY. 55 The CITY may withhold, inwhole orinpart, payment tosuch extent eomay be necessary toprotect itself from loss onaccount of: e. Defective Work not remedied. b Claims filed orreasonable evidence indicating probable filing ofclaims by other parties against CONTRACTOR. o. Failure ofCONTRACTOR tomake payments properly ho SUBCONTRACTORS orfor material orlabor. d. Damage toanother CONTRACTOR not remedied. e. Liquidated damages and costs incurred bythe CITY for extended construction When the above grounds are removed or resolved or CONTRACTOR provides a surety bond orconsent ofSurety, satisfactory bnthe C|TY, which will protect the CITY in the amount withheld, payment may bemade inwhole orinpart. 5.6 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. 5.7 All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. CONTRACTOR warrants all work, materials, and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for o period of one (1) year after completion of the WORK covered bythis Contract. The CONTRACTOR, free ofall costs tothe CITY, shall replace any part ofthe equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materim|s, damages, and/or workmanship within twelve (12) month period. The Documents hereinafter listed shall form the Contract and they are as fully epart ofthe Contract as if attached hereto: 7.1 Request for Bid 7.2 Instructions toProposers /Bidders 7.3 Proposal Forms (including the Proposal, Schedule(s), Submission Requirements of Proposer/ Bidder, and all required certificates, affidavits, and other documentation) 74 Contract 7.6 CONTRACTOR'o Bid Bond, Performance and Payment Bond 7.8 General Conditions for Construction 7.7 Special Terms and Conditions 7.8 Specifications and Technical Requirements entitled: Attachment A - Carollo Engineers, Bid No. uuz3-oas-Sherwood Force Main cy 520 Inc. — Signed & Sealed Special Conditions & Technical Specifications 7.9 City Construction Standards and OebaUn (available online at: 7.10 Geotechnical Report, Permits, Surveys, Drawings entitled: pp ARTICLE 8.NOTICE: All notices required in this Contract mheU be sent by certified moi[ return receipt requested, and if sent to CITY shall be mailed to: Daniel Duger, City Manager City of Boynton Beach 100 East Ocean Ave, Boynton Beach, FL 33435 Telephone No. (5G1)742 -G000 And ifsent tothe CONTRACTOR shall bemailed to: Article S.INDEMNITY. 91 The CONTRACTOR ehoU indemnify and hold harmless the CITY and its officers, employeen, agemby, inabumenhs|khaa, and the State ofFlorida, Division of Emergency Management from liability, |ooeea or damages, including attorneys' fees and costs of defense, which the CITY or its offioere, amp|oyeee, agents or instrumentalities may incur as a result of claims, demondu, suitm, causes of actions or proceedings of any kind or nature arising out of or resulting from the negligence, recklessness, or intentional wrongful misconduct ofCONTRACTOR, its emp|oyoeo, ogente, senmnte, partnam, principals o/ subcontractors during the term of this Agreement or resulting thereafter. The CONTRACTOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits oractions ofany kind ornature inthe name ofthe C|TY, where app|icob|e, including appellate prooeedinga, and ahoU pay all ooatm. judgments, and attornoym'foeewhich may issue thereon. The CONTRACTOR expressly understands and agrees that any insurance protection required bythis Agreement or otherwise provided by the CONTRACTOR shall in no way limit the responsibility to indemnify, keep and save harmless and defend the CITY orits officers, employees, agents and instrumentalities aoherein provided. 9.2 CC)NTRACTOR'e aggregate liability shall not exceed the proceeds of insurance required to be placed pursuant to this Agreenlert, plus the compensation received by CONTRACTOR. 9.3 Upon oomp|sdk)n of all marvicem, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article ohoU survive indefinitely. 8.4 CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of CONTRACTOR. Bid No. mL23-025-Silverwood Force Main C-4 521 9.5 Nothing contained herein is intended nor shall be construed to waive CrrY's rights and immunities under the common law or Section 768,28, Florida Statutes, as may be amended from time to time. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to the CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Sealed documents received by the City in response to an invitation are exempt from public records sooner, in accordance with Fionda Statutes 119.0 f. I he Gay is a public agency subject to Unapter 1 -19, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the CONTRACTOR shall: 11.01 Keep and maintain public records required by the CITY to perform the service; 11.02 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided In Chapter 119, Florida Statue or as otherwise provided by law; 11.03 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONTRACTOR shall destroy all copies of such confidential and exempt records remaining in its possession once the CONTRACTOR transfers the records in its possession to the City; and, 11.04 Upon completion of the contract, CONTRACTOR shall transfer to the CITY, at no cost to the CITY, all public records in CONTRACTOR's possession. All records stored electronically by CONTRACTOR must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. Bid No. UTL23-025 — Silverwood Force Main C-5 522 Article 12. E -VERIFY. 121 CONTRACTOR certifies that it isaware ofand complies with the requirements ofSection 448.096. Florida Statutea, as may boamended from time hotime and briefly described herein below. 12.1.1 Definitions for this Section: A. "Contractor" means operson orentity that has entered orisattempting hoenter into m contract with o public employer to provide |abor, eupp|iem, or services to such employer in exchange for a ao|ary, wagea, or other remuneration. "Contractor" includes, but ienot limited to, avendor orconsultant. B. ^Suboonbractor"means aperson orentity that provides labor, supplies, orservices tonrfor ocontractor o/another subcontractor inexchange for msalary, wages, or other remuneration. C. "E -Verify system" means enInternet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 12�.2 Registration Requirement; Termination: Pursuant to Section 448.095. Florida Statutes, effective January 1, 2021. Contnscbors, mhoU register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E' Verify System to verify the employment eligibility of: A. All persons employed byoContractor boperform employment duties within Florida during the term ofthe contract; and B. All persons (including sub-vendors/sub-consultants/sub-contractors) aooignedby Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use ofthe U.S. Department of Homeland Security's E -Verify System during the term of the contract iaacondition ofthe contract with the City ufBoynton Beach; and C. The Contractor eho|| comply with the provisions of Section 448.095. Fla. Stat.. "Employment Eligibility," as amended from time to time. This ino|udeo, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not emp|oy, contract vvith, orsubcontract with, on unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Controoi, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not o breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date oftermination. Article 13. SCRUTINIZED COMPANIE—, Byexecution ofthis Agreement, CONTRACTOR certifies that CONTRACTOR isnot participating in a boycott of Israel. Proposer further certifies that CONTRACTOR is not on the Scrutinized Companies that Boycott |snae| |iot, not on the Scrutinized Companies with Activities in Sudan Limt, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in state |mw, the Bid No. urL2*u25-Silverwood Force Main C-6 523 City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the CONTRACTOR of the City's determination concerning the false certification. CONTRACTOR shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the CONTRACTOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the CONTRACTOR does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 14.1 Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be Submitted to a court of competent jurisdiction located in Palm Beach County. 14.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 14.3 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obhgations contained in the Contract Documents. 14.4 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. 14.5 Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement. 14,6 At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement, 14.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, city, state, and federal agencies as applicable. 14.8 This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation and the CONTRACTOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. 14.9 This Agreement will take effect once signed by both parties, This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which Bid No. LITL23-025 — Sherwood Force Main C-7 524 shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. 15.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 15,2 Default of Contract, The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR: 15.2.1 The abandonment of the project by CONTRACTOR for a period of more than seven (7) business days. 15.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee, 15.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to CONTRACTOR; provided, however, that if the nature of CONTRACTOR's default is such that more than seven (7) days are reasonably required for its cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. 15.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly permitted hereunder. 15,2.5 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 153 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement,, The Surety on the Performance Bond shall within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in, the Agreement and assume the BkJ No. UTL23-025 — Sherwood Force Main RM 525 work of CONTRACTOR and proceed to perform services under the Agreement, at its own cost and expense. 15.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services under the Agreement. 15.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re -letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to CONTRACTOR and/or the Surety together with the costs incident thereto to such default. 15.3.3 In the event CITY completes the Agreement at a lesser cost than would have been payable to CONTRACTOR under this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY. 15.3.5 Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR fails to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar (14) days of the receipt by CONTRACTOR of such notice from CITY. SIGNATURE PAGE FOLLOWS Bid No, IJTL2:3-025 —Silverwood Force Main c -s 526 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this 2 41— day of 2023. CITY OF BOYNTON BEACH SOUTHERN UNDERGROUND INDUSTRIES, INC. .......... . . . . ........... . . . .......... . — - — - - — - -- ---------........... . . .........C...o Daniel Dugger, City Manager (Signature), mpany Approved as to Form: Michael D. Cirullo, Jr. Office of the City Attorney Attested/Authenticated: City Clerk Bid No. UTL23-025 — Silverwood Force Main .......... ....... . ................... . ... ....... Print Name of Authorized Official ........... . . . ..... .......... . . . Title (Corporate Seal) Attest/Authenticated: Fitness ... .. ... .... . ........ ........ . . V15. . ....... Print Name C-10 527 N PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and - (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($_ for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated contract with Owner for drawings and specifications prepared by reference made a part of hereof, and is hereinafter referred to as the Contract. Bid No. UTL23-025 —Silverwood Force Main THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 20—, entered into a in accordance with which contract is by PFB- 1 528 NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or Z Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, incUing other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The terra "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due, No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Bid No. UTL23-025 —Silverwood Force Main THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PFB- 2 529 Signed and sealed this ___— day of 2023. Witness Witness Principal (Seal) Title Surety Attorney -in -Fact END OF PERFORMANCE BOND Bid No. UTL23-02S —Silverwood Force Main THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD F`FB- 3 530 N PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of contractor) hereinafter called Principal, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($), for payment whereof Principal and Surety bind themselves, their heirs, executors, WHEREAS, Principal has by written agreement dated 2023, entered into a contract with Owner for .............. in accordance with drawings—and specifications —pre'p--ared by--- .. . ....... . which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. Z The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. Bid No. UTL23-025 — Sherwood Force Main THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD um 531 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer, b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law, c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shaH, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or Supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 2023. Principal (Seal) Witness Surety Witness Attorney -in -Fact END OF PAYMENT BOND Bid No. UTL23-025 —Silverwood Force Main THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PYB- 2 532 CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF__ being first duly sworn, deposes and says as follows: He is (Title m(tVame Of of Corporation or Firm) a Florida Corporation Check One a Florida General Partnership a Florida Limited Partnership a Sole Proprietor Which is named in Construction Contract dated the _ day of 20_, between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Notary Public, State of Florida at Large Bid No. UTL23-025 — Sherwood Force Main RM END OF WARRANTY OF TITLE THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT 533 City oj'.Bqvnton each Risk Management.Department INSURANCEADVISORY FORM l Jnder the terms and conditions ofall contracts, leases, and. agreements, the City requires appropriate coverages listing [lie City of Boynton Beach as Additional Insured, This is done by providing .a. Certificate of Insurance listing the City as "I Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of" 11 I " or higher. (NO7E: An insurance contract or bindermqy be accepted as if (..ertrfieeue is In-ovidedupon selection ofvendor.) The fiAlowing is a list of types of insurance required of contractors, lessees, etc., and the lifnils required by the City: (fid UIT: 'rhis list is not all incHusive, anti the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ----------------- - --- I ------------------- jrYlIT ((Occurrence Based Only) General Liability Conrinercial General Liability Owners & Contractor's Protective (O(:;P) Asbestos Abatement Lead Abatement Bro,aJ Forn) Vendors premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal [Jability MINIMUM LIMIT General Aggregate 1,000,000.00 Products-Comp/01) Ag& 1,000,000.00 Personal & Adv. InJury 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ 5,000,00 Ilrolbssional liability Aggregate - $1,000,000.00 --------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 1,000,000.00 Any Atfto All Owned Autos I I ired Autos Non -Owned Autos Excess Liability E'ach Occurrence to be deterinined Umbrella Form AggTegatc to be determined Worker's (-,'ornpensafion Slafiutory Limits Employer's Liability Each Accident 1,000,000.010 Disease, Policy Lfirdt $ 1,000,000.00 Disease Each Frnployee $ l,00()j000.o0 Property: Horneowners Revocable Permit Builder's Risk Installation Floater Other - As Risk Identified to be detennined ------------------- --- - -------------------- I ----------------------- INS URANCEADVISORYFORM Revised 04/2021 INSURANCE ADVISORY $ 300,00U0 Lirnits based on Project (..'.ost Limits based on Project Cost 534 UTL23-025 - Silverwood Area Wastewater Force Main Installation - Overview of Specifications and Schedule of Prices p" ule/S ecincatlonz contact. MicM1aelsweeney Far.95a x95 xae3 t: I.I i.1 QPi,.,. 1—i : d-WID.—d— Fax. 3ps 46B Eaux I -III: Jorge Fax. 9w Ela26x9 I.". I_ _t., d—u—,@ bAdd,, Fan 56x 508 3]oe A.U;�tN P�,I -11., I—I j.—I.U.-IIII.I.I.. Fax. ae3 61a a9lE .......... Awa Awa lIffi Ilu.d et,iryeaI—PI" pulluIll 1. 11.11�I �tlt_ T IIIIIIII T1,1111 IIIII, 1511@$1,11$1 Doo I/,, I/A WA N/A lI,1..d N/A lub—t—t es lel ceI Ill 111 T2 196, IP I— 'd (I.'V .d., 111,11,17, IIII-II., 11I) J.P. Fon e (lama 1-22— 2) xp 1—d.19aP retl e/31/ a22 ll.t $1p-.— , I, — , 52 1-1 5x993,480.00 DEEMED NON-RESPONSIVE DEEMED mmplxnce T UTL23-025 - Silverwood Area Wastewater Force Main Installation Opening Date: March 21, 2023 8:00 AM Closing Date: April 20, 2023 2:30 PM Vendor Details Company Name: Southern Underground Industries, Inc. Does your company conduct business under any other name? If Florida yes, please state: 1454 SW 13 Court Address: Pompano Beach, Florida 33069 Contact: Michael Sweeney Email: mikes@southernundergroundindustries.com Phone: 954-295-1083 Fax: 954-295-1083 HST#: 26-2521235 Submission Details Created On: Wednesday April 19, 2023 10:25:01 Submitted On: Thursday April 20, 2023 12:50:57 Submitted By: Michael Sweeney Email: mikes@southernundergroundindustries.com Transaction #: b5d5e19b-7f3c-4018-b6ec-748ea61f6f67 Submitter's IP Address: 96.85.228.62 Bid Number: UTL23-025 Vendor Name: Southern Underground Industries, 1536 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. BID PROPOSAL - SILVERWOOD AREA WASTEWATER FORCE MAIN INSTALLATON BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for "SILVERWOOD AREA WASTEWATER FORCE MAIN INSTALLATION." ITEM No. 1 - SCO1025 Section 1.11.13 - limited to a maximum of six percent (6%) of the total bid price ITEM No. 21 - SC01025 Section 1.11.R- Indemnification - PLEASE ENTER $25.00 SCO1025 Section DESCRIPTION QUANITY UNIT UNIT PRICE * VALUE 1.11.13 Mobilization /Demobilization, Bonds, Insurance, General Requirements. Contractor shall be limited to a maximum of six percent (6%) of the total bid price. 1 LUMP SUM $95,000.0000 $ 95,000.00 1.11.0 Maintenance of Traffic (MOT) Plan 1 LUMP SUM $40,000.0000 $ 40,000.00 1.11.D Dust Control and Storm Water Pollution Prevention 1 LUMP SUM $6,900.0000 $ 6,900.00 1.11.E Furnish and Install 6 -inch, 8 -inch and 10 -inch DIP Connections to HDPE 1 LUMP SUM $185,000.0000 $ 185,000.00 1.11.F Furnish and Install 6 -inch C-900 Pipe (Opencut) 1000 LINEAR FOOT $135.0000 $ 135,000.00 1.11.G Furnish and Install 8 -inch SDR11 HDPE Pipe (HDD) 3600 LINEAR FOOT $115.0000 $ 414,000.00 1.11.G Furnish and Install 10 -inch SDR 11 HDPE Pipe (HDD) 1650 LINEAR FOOT $110.0000 $ 181,500.00 1.11.1-1 Furnish and Install 6 -inch Gate Valve & Appurtenances 8 EACH $5,000.0000 $ 40,000.00 1.11.1-1 Furnish and Install 8 -inch Gate Valve & Appurtenances 6 EACH $5,600.0000 $ 33,600.00 1.11.1-1 Furnish and Install 10 -inch Gate Valve & Appurtenances 2 EACH $7,200.0000 $ 14,400.00 1.11.1 Furnish and Install Air Release Valve 10 EACH $20,100.0000 $ 201,000.00 1.11.J Furnish and Install 6 -inch Line Stop 4 EACH $10,300.0000 $ 41,200.00 1.11.J Furnish and Install 10 -inch Line Stop 2 EACH $13,450.0000 $ 26,900.00 1.11.K Connection to Existing Force Mains 5 EACH $8,200.0000 $ 41,000.00 1.11.L General Restoration 1 LUMP SUM $27,800.0000 $ 27,800.00 1.11.M Milling and Repaving 4735 SQUARE YARD $26.0000 $ 123,110.00 1.11.N Dewatering 1 LUMP SUM $15,000.0000 $ 15,000.00 1.11.0 As -Built Record Drawings 1 LUMP SUM $30,000.0000 $ 30,000.00 1.11.P Project Sign 2 EACH $3,750.0000 $ 7,500.00 1.11.Q Professional Audio/Video of Construction Site 1 LUMP SUM $1,200.0000 $ 1,200.00 1.11.R Indemnification 1 LUMP SUM $25.0000 $ 25.00 Subtotal: $ 1,660,135.00 Summary Table Bid Form Amount BID PROPOSAL- SILVERWOOD AREA WASTEWATER FORCE MAIN INSTALLATON $ 1,660,135.00 Subtotal Contract Amount: $ 1,660,135.00 Bid Number: UTL23-025 Vendor Name: Southern Underground Industries, 1537 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Proposal responses Description Response* Comments Is your company a Minority Owned business? No no Please select the appropriate response Not Applicable no Do you possess a certification qualifying your business as a Minority Owned business? No no Issuing organization name Input response in comments box to the right Southern Underground Industries, Inc. Date of Issuance Input response in comments box to the right 04/29/2008 Letter of Interest The Letter of Interest shall summarizes the Bidder's primary qualifications and a firm commitment to provide the proposed services. Line Item Description Response* 1 The Letter of Interest shall summarizes the Proposer's We are fully committed to deliver a quality project on time to the city of boyton beach Does the business have a primary qualifications and a firm commitment to provide the proposed services. business tax receipt issued Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. P' We will not be submitting for Local Business Status Certification Is the business located within Does the business have a Is the business registered the City limits of business tax receipt issued with the Florida Division of Number of years in business * Business license number* Boynton Beach, in the current year? * Corporations? Florida? * • Yes r" Yes r Yes •No rNo rNo Bid Number: UTL23-025 Vendor Name: Southern Underground Industries, 1538 References In order to be considered for this project, the Bidder must list the minimum number of two (2) successfully completed or in progress projects within the last five (5) years of similar scope and complexity in the State of Florida, which shows experience and demonstrates expertise in providing the services as stated herein. Description Reference 1 - Completed or In Progress * Reference 2 - Completed or In Progress Name of Firm: Toho Water Authority City of Longwood Scope of Work: "Constructed approximately 4,540 linear feet of 24 -inch D.I.P. Construction of approximately 17,270 linear feet of 16 -inch CQ269694 potable water main and approximately 5,400 linear feet of 30- wastewater force main connecting the City of Longwood's Apogee Survey inch PE (DR -11) potable water main via directional bore Wildmere Lift Station force main to the City of Altamonte methods. The project includes various connections to existing Springs sanitary sewer system via open cut method. C&B Concrete infrastructure, existing asphalt roadway open cut and repairs, Installation of 30" steel casing via Jack and Bore underneath extensive maintenance of traffic and the usual railroad tracks. Installation of 7,420 LF 16 -inch forcemain via appurtenances." directional drill method. Rehabilitation of Sanitary Manholes utilizing a lining system. Project Location: 3290 N Narcoossee Road, St. Cloud, FL, 34771 175 Warren Avenue Longwood, Florida 32750 Cost of Service: $3,539,097.00 $3,722,162.40 Start Date of Service: 6/1/20 11/1/18 End Date of Service: 3/1/21 11/1/19 Contact Person: Edwin Matos, P.E. Shad Smith, P.E. Title: Project Manager Director of Operations Email: ematos@tohowater.com ssmith@longwoodfl.org Phone #: 407-944-5000 407-260-3447 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate "TBD" (To Be Determined) or "TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Subcontractors The Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all subcontractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors, if required. Owner reserves the right to reject any subcontractors who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. Name Address Scope of work license No Contract Amount Percentage (%) of Contract Triple Nickel 1300 NW 18th St, Pompano Beach, FL, 33069 Asphalt mill and overlay CQ269694 $75,000.00 5% Apogee Survey Survey Work C&B Concrete Concrete Work Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. Bid Number: UTL23-025 Vendor Name: Southern Underground Industries, 1539 DOCUMENTS THAT MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE • Bid Form & Bid Bond Documents - Bid Form and Bid Bond.pdf - Thursday April 20, 2023 11:29:22 • Bidder's Qualification Statement - Bidder's Qualification Statement.pdf - Thursday April 20, 2023 11:29:32 • Anti -Kickback Affidavit - Anti -Kickback Affidavit.pdf - Thursday April 20, 2023 11:29:40 • Non -Collusion Affidavit of Proposer - Non -Collusion Affidavit.pdf - Thursday April 20, 2023 11:29:50 • Certification Pursuant to Florida Statute § 287.135 - Certification Pursuant to FL Statute 287.135.pdf - Thursday April 20, 2023 11:29:59 • Warranties - Warranties.pdf - Thursday April 20, 2023 11:30:11 • Trench Safety Act Affidavit - Trench Safety Affidavit.pdf - Thursday April 20, 2023 11:30:21 • E -Verify Form Under Section § 448.095 Florida Statutes - E -Verify Form.pdf - Thursday April 20, 2023 11:30:32 • Bidder's Site Inspection Confirmation Form - Mandatory - Bidder's Site Inspection Confirmation.pdf - Thursday April 20, 2023 11:30:41 • Certificates. Licenses and Business Permits. W-9 - License, Certificate, Permits, COI, W-9.pdf - Thursday April 20, 2023 11:32:08 • Additional Document - Resumes.pdf - Thursday April 20, 2023 11:33:12 Bonding Upload Section Refer to Bid Document ATTENTION ALL INTERESTED BIDDERS: All Bidders are required to submit a five percent (5%) Bid Bond with the Bid Form or the Bid shall be rejected as non-responsive. A one hundred percent (100%) Payment and Performance Bond is required upon notification by the City of the award the Contract to the selected firm. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the contractor, if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. • Bid Bond - Bid Bond.pdf - Thursday April 20, 2023 11:34:12 Bid Number: UTL23-025 Vendor Name: Southern Underground Industries, 1540 Addenda & Declarations SPECIAL TERMS AND CONDITIONS PURPOSE: The purpose of this bid is to seek the services of a qualified Contractor for the installation of a total of approximately 6,900 LF of 6 -inch to 10 -inch pipe generally along the route of Hypoluxo Road and Lawrence Road. The construction involves a significant amount of horizontal directional drill. Work also includes milling and re -paving of all the areas specified on the plans. In addition, providing tie-ins at specified locations, tie-in piping and appurtenances, gate valves, air release valves, valve boxes, fittings, all the necessary maintenance of traffic, dewatering, trenching, excavations, backfilling, compacting, erosion & sedimentation control, surface restoration, testing, commissioning, and all other incidentals required for the construction of the force main, all of which in accordance with the contract drawings and specifications. AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, materials, references, and past performance, etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance, and vehicular liability insurance, during the time any of bidder's personnel are working on the City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B in accordance to A.M. Best's Key Rating Guide, latest edition. PERFORMANCE WARRANTY: The bidder shall guarantee all work, equipment, and materials included in the services against any defects in workmanship; and shall satisfactorily correct, at no cost to the City, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon the date of acceptance, inspection, and approval by the City Representative only. If the bidder is notified in writing of a deficiency in the work provided, within one year from completion of the work, the bidder shall, at the City's option, re- perform the work in question at no additional cost to the City, or refund the City the original charges for the work in question, including the difference in cost if any, to re -perform the work if completed by another vendor. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 All invoices submitted shall consist of as follows: • Clearly referenced the subject Contract or Purchase Order number; • Provide a sufficient salient description to identify the goods and services for which payment is requested; • Contain date of delivery; • Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as "partial", "complete", or "final invoice." The City will accept partial deliveries. The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment, unless otherwise stated in the Contract Documents are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re -submit a corrected invoice to the City for processing. • It will be the sole responsibility of the Contractor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Contractor. • Al work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner. All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Contractor prior to leaving the work areas after completion of work. It is recommended that the Contractor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. • All work must meet or exceed the State of Florida Department of Transportation Applicable Standards including the Florida Building Code and City of Boynton Beach Standards. • The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative, and the orders of the City Commission and/or Utilities Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Contractor may designate a foreman or other representative to receive such instructions in his absence, and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring, inspecting, or oversight of the same, and the Contractor is to afford him all necessary facilities and assistance for so doing. • To prevent all disputes and litigation, it is agreed by the parties hereto that the Utilities Director or City representative shall decide all questions, Bid Number: UTL23-025 Vendor Name: Southern Underground Industries, 1541 difficulties, and disputes of any nature which may arise relative to the interpretation of the specifications, construction, prosecution, and fulfillment of the contract and task orders, and as to the character, quality, amount and value of any work done and materials furnished under or by reason of the Contract, and his estimates and decisions upon all claims, questions, and disputes shall be final and conclusive upon the parties hereto. Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public, obstruct traffic, and interfere with business, it is important that once work commences at any site, it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. In the event any delays or suspension of operations occur, the City reserves the right to hire off-duty police, erect barricades, or take whatever actions are necessary to provide for the safety of the site. All costs involved in doing so shall be just claims against the Contractor or the Contractor's Performance and Payment Bond. By submitting a bid, the Contractor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS: The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material, and dimensions except when the Utilities Project Manager may authorize in writing an exception. Measurement discrepancies shall be decided upon by the Utilities Project Manager or his representative and the Contractor shall not proceed when in doubt as to any dimension or measurement. PERFORMANCE OF WORK: a. The Contractor will furnish a qualified Superintendent who will be present at all times while work is being performed, and shall be authorized to act for the Contractor. The Contractor shall maintain sufficient plant, equipment, and labor on the job site to meet the requirements of the work. b. Equipment shall be kept in a satisfactory operating condition and capable of safely and efficiently performing the work. All operations shall be subject to inspection by the Utilities Project Manager or his representative at all times. The Contractor shall submit for approval by the Utilities Project Manager or his representative a description of the type of materials and equipment to be used; and to the method of procedure to be used in the performance of the work. c. It is expressly understood that the Contractor is in all respects an independent Contractor for this work, notwithstanding that under certain conditions, he is bound to follow the directions of the Utilities Project Manager or his representative, and is in no respect an agent, servant or employee of the City. RESTORATION OF PROPERTY: Property, public or private, if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the Utilities Project Manager, prior to the final acceptance of the work. Such facilities shall include but are not limited to: signalization equipment and miscellaneous hardware removed from the construction site, driveways, walkways, walls, fences, mailboxes, sod, landscaping, irrigation systems, footings, or underground utilities. DELAYS a. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the time for completion of the work may be extended by the Utilities Project Manager or his representative. Requests for extensions of time must be submitted in writing to the Utilities Project Manager or his representative within seven (7) days from the Contractor's knowledge of a delay. The contractor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Contractor shall assume all risks resulting from delays except that should the City, by act or omission, intentionally and without reason, cause delays which result in actual loss to the Contractor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Contractor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment will be allowed to the Contractor as reimbursement for any other delays whatsoever; regardless of by what or by whom caused, even though by other Contractors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. c. If the Contractor fails to start the work within the time specified, and if the City should nevertheless permit the Contractor to continue and complete the same without an official extension of time in writing, such permission shall not modify nor waive any liability of the Contractor for damages arising from non -completion of work within the time limit, but all such liabilities shall be subject to continuation in full force against the Contractor. d. Liability of the Contractor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. MATERIALS: a. The Contractor shall provide the services of all workmen, mechanics, tradesmen, and other employees trained and skilled in their various occupations and all materials and equipment. The request for work to be performed will require the Contractor to supply all labor, equipment, materials, and work incidental to, or described or implied as incidental to, the construction included under this Contract, notwithstanding any omission in the drawings or specifications. b. Wherever not explicitly described, materials and workmanship of every kind shall be in keeping with industry standards. The Contractor shall perform his work in proper sequence to the work or other contractors and to acts or operations of the City and shall properly join his work to existing or new construction. c. All materials and every process and operation of manufacture, construction, and erection shall be subject to inspection at all times, and the Utilities Project Manager or his representatives and their representatives shall have free access to all parts of the work of construction and erection. Bid Number: UTL23-025 Vendor Name: Southern Underground Industries, 1542 The Contractor shall remove, reconstruct, replace, and make good, as may be directed, without charge, any defective work. Oversight or error or judgment of inspectors, or previous acceptance, shall not relieve the Contractor from the obligation to make good defects whenever discovered. FINAL CLEAN-UP: Upon completion of the work specified herein, and before acceptance of any part thereof, and any payment made to include final payment, the Contractor shall remove from the site completed, all machinery, equipment surplus, and discarded materials and temporary structures. The disposal of all materials, rubbish, and construction debris shall be made at a legal disposal site or by other manner if prior approval is granted by the Project Manager. Materials cleared from the site and deposited on the adjacent or nearby property will not be considered as having been disposed of properly. r I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Belseri Comerford, President, Southern Underground Industries, Inc. The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name Addendum No. 2 - Clarifications Mon April 17 2023 03:03 PM Addendum No. 1 - UTL23-025 Silverwood Area Wastewater Force Main Installation Wed April 12 2023 05:07 PM I have reviewed the below addendum and attachments (if applicable) F F Pages Bid Number: UTL23-025 Vendor Name: Southern Underground Industries, 1543 co-re-z"I low May 3, 2023 Mr. Jose Huertas, P.E. City of Boynton Beach Utilities 124 E. Woolbright Rd Boynton Beach, FL 33435 5h /sla '',!'HI"iG ,il illlhf;9'150 carollo.com Subject: UTL23-025 Silverwood Area Wastewater Force Main Installation — Opinion of Bid Acceptability Dear Mr. Huertas: The purpose of this letter is to provide the City of Boynton Beach (City) with an opinion of bid acceptability for the above referenced project. Bids were received on April 27, 2023 by the City. A total of five base bids were received; However, three were deemed non-responsive due to missing required documentation. Therefore, only two bidders were accepted and evaluated. The bid's grand total ranged from $1,660,135.00 to $2,993,480.00. The apparent low bidder was Southern Underground Industries, Inc. with a bid amount of $1,660,135.00. The City requested Carollo to evaluate the low bid and provide an opinion of bid acceptability. Carollo was able to contact a reference provided by Southern Underground Industries. The reference contacted provided positive feedback. A copy of the records from this reference interview is attached. As a result of this evaluation and review of Southern Underground Industries bid submittal, it is our opinion that their bid includes all aspects of the work. Carollo recommends awarding the construction contract to perform the Silverwood Area Wastewater Force Main Installation Project to Southern Underground Industries in the bid amount of $1,660,135.00. Carollo's recommendation is solely based upon the reference feedback provided and the bid amount itself. Carollo does not have any data or information beyond those two items to ascertain their quality of work and or abilities to execute the project in accordance with design specifications or construction time. Sincerely, CAROLLO ENGINEERS, INC. Az 0al-I lz_1�1111111 ,m,�mn Scott Richards, P.E. Project Manager 544 VENDOR REFERENCE CHECK LOG Solicitation No.: Reference Check by: 175 Warren Ave Longwood, FL Project Name: Silverwood Area Wastewater Force Project Location: 32750 Solicitation Title: Main Installation Date: 4/28/2023 Southern Underground Industries, Installation of 30" steel casing via Jack and Bore underneath railroad tracks. Inc. Project Description: Rehabilitation of Sanitary Manholes utilizing a lining system. Bidder's Name: Michael Sweeney Phone: 954-295-1083 Design Entity: Carollo Engineers REFERENCED PROJECT: 1. Was project completed timely and within budget? (If not, provide detail) Yes—Southern Underground Industries proposed alternatives to construction which lowered project price to be under the bid and budget. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes. 4. Did the process run smoothly? Were there any changes? Describe below. The process ran smoothly. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? There have been a few warranty issues since closeout, particularly with ARVs. Southern Underground Industries were very responsive in resolving these issues. 7. Additional comments: None. 545 175 Warren Ave Longwood, FL Project Name: Project Location: 32750 Construction of approximately 17,270 linear feet of 16 -inch wastewater force main connecting the City of Longwood's Wildmere Lift Station force main to the City of Altamonte Springs sanitary sewer system via open cut method. Installation of 30" steel casing via Jack and Bore underneath railroad tracks. Installation of 7,420 LF 16 -inch forcemain via directional drill method. Project Description: Rehabilitation of Sanitary Manholes utilizing a lining system. Completion Date: 11/1/2019 Contract Value: $3,722,162.40 Project Owner/Title: City of Longwood Owner's Address: Phone: 407-260-3447 Owner's Contact Shad Smith / Director of Person: Operations E -Mail: ssmith@longwoodfl.org 1. Was project completed timely and within budget? (If not, provide detail) Yes—Southern Underground Industries proposed alternatives to construction which lowered project price to be under the bid and budget. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes. 4. Did the process run smoothly? Were there any changes? Describe below. The process ran smoothly. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? There have been a few warranty issues since closeout, particularly with ARVs. Southern Underground Industries were very responsive in resolving these issues. 7. Additional comments: None. 545 7.0 Consent Bids and Purchases over $100,000 06/6/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/ 6/2023 Increase the estimated annual expenditure of the US Communities Contract # R -TC - 17006 with Amazon Business. Requested Action by Commission: Approve an increase to the estimated annual expenditure of the US Communities Contract # R -TC -17006 with Amazon Business in the amount of $90,000, increasing the estimated annual expenditure from $175,000 to $265,000. Explanation of Request: Current Contract Term: January 19, 2022 thru January 18, 2024 On January 18, 2022, the City Commission approved the renewal of US Communities Contract # R -TC -17006 with Amazon Business for $175,000. This contract is utilized by all departments and encompasses a wide variety of commodities that pertain to each department's needs. Increase is due to usage and rise in costs due to inflation. Our account with Amazon has a "Buy Local Policy". Amazon will highlight a local vendor if they are selling the particular item searched for. This is to encourage local purchases whenever feasible. How will this affect city programs or services? To continue to allow the City to access a source of supplies for the department's needs. Fiscal Impact: Funds are budgeted and available for multiple accounts covering a wide variety of commodities and products for the estimated amount of $265,000. FY 22/23 expenditures to date are $139,547.84. Attachments: 1-18-2022 - Agenda Item. pdf Renewal Expiring 1-18-24.pdf 546 5/25/23, 1:24 PM Item Coversheet 7.A. Consent Bids and Purchases Over $100,000 1/18/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 1/18/2022 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for January 18, 2022 -"Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDORS DESCRIPTION OF SOLICIATION SOLICITATION NUMBER RENEWAL TERM AMOUNT Annual Estimated Amazon Contract Renewal for On -Line Marketplace for US Communities Contract R- January 19, 2022 - Expenditure Business Purchases of Products or Services TC -17006 January 18, 2024 $175,000 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type D Attachment D Attachment Description i.:tiid li.:::xteirn; loins and IPliiggy...IBacks oveir $1100,000 Anuazoin.connn Seiwliices II...II...0 (Annnaz.oin IC::?ausiiirne,:ss) Contract IReins:maall with IPirince William County IF"u.uliniia, Schools 2022 2023 W 547 https://boyntonbeach.novusagenda.com/AgendaWeb/CoverSheet.aspx?ltemiD=12422 DocuSign Envelope ID: 132E1B06-DAC7-4879-A6BB-7704008E9C33 Il�uaL1C s6i Providing A World -Class Education cH���s CONTRACT RENEWAL October 4, 2021 Amazon.com Services LLC (Amazon Business) Mike Kernish, Director 410 Terry Avenue North, Seattle, WA 98109-5210 CC OTH 00673641 2021 TR Re: Contract Renewal #1 Contract # R -TC -17006 — On-line Marketplace for Purchases of Products and Services Dear Mr. Kernish: This is to advise you that Prince William County Public Schools (PWCS) desires to renew the referenced contract for an additional two-year period in accordance with Section 3. CONTRACT TERM AND RENEWAL clause in the Contract. We will be exercising the first renewal of three renewals, each of the renewals to be an additional two (2) year period. The current contract term will expire on January 18, 2022. Please advise me if you desire to renew the contract and prices in accordance with the terms of the contract by signing and returning this Contract Renewal form no later than December 10, 2021. In addition to this renewal, you must also provide an updated copy of your Certificate of Insurance (COI) with the Prince William County School Board listed as an Additional Insured as well as the Certificate Holder. The Certificate Holder address can be added to the COI as follows: P.O. Box 389, Manassas VA 20108. If you have any questions on this matter, please contact me by phone at (703) 791-8096 or via email at FredriAM@pwcs.edu. Sincerely, Angela M. Fredrickson Buyer ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- Acceptance Agreement It is mutually agreed that the above-mentioned contract is renewed for the period of January 19, 2022 to January 18, 2024 and all terms and conditions in the original solicitation and contract shall remain the same. Renew Contract: Yes: X No: Prices and/or Discounts to Remain the Same separate cover. DocuSigned by: Vendor: d1 1l, 6jvhls�z 49Aufkmorized Signature Mike Kernish Authorized signatory Print Name & Title Date: December 1, 2021 Yes: X No: If no, explain under Purchasing: Ll -6- � Legally Authorized Signature Anthony Crosby, CPPO Supervisor of Purchasing, Acting Date: 11/1/21 FP. . BOX 389, 1MANVA ro AS, VA 20108 eWW ; .Elf. u.,U* 703.791W43, FAX °703.°79 ,86110 8-26-]3 548 Commission Meeting Date: 06/ 6/2023 Bid Extensions and Piggy -Backs Over $100,000 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for June 6, 2023 - "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) DESCRIPTION OF SOLICITATION SOLICITATION NUMBER RENEWAL TERM AMOUNT Annual Estimated Expenditure (includes cost adjustment increase). Vendor Truck Rentals for City of Boynton has requested to March 20, 2023 to RDK Truck Sales Solid Waste Beach Bid No. exercise its right to March 19, 2024 Division 011-2515-19/IT include a cost increase adjustment during the renewal term. $150,000 Bill Printing, Annual Estimated Mailing and City of Boynton August 1, 2023 to Expenditure Bi112Pay, LLC Electronic Bill Beach RFP No. July 31, 2024 Presentment and 074-2821-15/KTR $385,000 Payment Not to Exceed 549 J & J, Inc. dba Eagle Painting; All Counties Painting, LLC Citywide Painting Services City of Boynton Beach Bid No. 013-2511-19/IT July 3, 2023 - July 2 2024 Estimated Annual Expenditure $250,000 Unarmed Roving Security Guard Piggyback City of Services - City Pompano Beach Estimated Annual Professional Hall, Cultural CRA RFP No. P- June 25, 2023 - Expenditure Security Center, Other City 15-19 Resolution September 30, (includes new Concepts, Inc. Facilities/Land No. 2019-35 - City 2023 hourly rates) and Special of Boynton Beach Events as Resolution No. $100,000 designated by R20-036 Chief of Police Dartco, Expert Annual Supply of Diesel, Innovative Original Equipment, Lou Equipment Bachrodt, Manufacturer City of Boynton September 4, Annual Estimated Nacarato, (OEM) Service Beach Bid No. 2023 - September Expenditure Nextran, Pat's and Parts For Medium/Large 029-1412-19/MFD 3, 2024 $350,000 Pump, Southern and Heavy Duty Sewer, Sunbelt, Vehicles and The Pete Store Equipment How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Attachments: $100K over REQUEST FOR BID EXTENSIONS REPORT June 6 2023 Renewal Interest Letter - RDK Truck Sales 2023-2024 - Rate Increase Request Included Renewal Interest Letter - Bill2Pay LLC - 2023-2024 Signed Renewal Interest Letter - All Counties Painting dba PeoplesChoicePCP 2023-2024 -Signed Extension Interest Letter - Professional Security Concepts PSC 2023-2024 - Rate Increase - Signed.pdf Renewal Interest Letter - Dartco 2023-2024 Renewal Interest Letter - Expert Diesel 2023-2024 Renewal Interest Letter - Freightliner 2023-2024 Renewal Interest Letter - Nacarato 2023-2024 Renewal Interest Letter - Nextran 2023-2024 Renewal Interest Letter - Pat's Pump 2023-2024 Renewal Interest Letter - Southern Sewer 2023-2024 Renewal Interest Letter - Sunbelt 2023-2024 Renewal Interest Letter - The Pete Store 2023-2024 Renewal Interest Letter - Trekker (Innovative Equipment) 2023-2024 550 Renewal Interest Letter - J -J Inc dba Eagle Painting 2023-2024 - Signed 551 29 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS OVER $100,000 June 6, 2023 REQUESTING DEPARTMENT: PUBLIC WORKS - SOLID WASTE DEPARTMENT CONTACT: Paul lala, Solid Waste Manager TERM: March 20, 2023, to March 19, 2024 SOURCE FOR PURCHASE: City of Boynton Beach Bid 011-2515-1911T ACCOUNT NUMBER: 501-5000-595-09-85 VENDOR(S): RDK TRUCK SALES ANNUAL ESTIMATE: $150,000 DESCRIPTION: On March 19, 2019, Commission approved the award of a two-year bid for Truck Rentals for rental of trucks used by the Solid Waste Division on an as -needed basis. RDK was awarded item 1,2,3,5, and 6. GT Supplies was awarded Item 4 as the primary vendor and Petersen Industries was awarded Item 4 as the secondary vendor. Both GT Supplies and Petersen Industries have previously declined renewing since they no longer offer truck rentals. Item 4 was for the rental of a "cherry picker". The Agreement was for an initial two (2) year period with the option to renew for three (3) additional one-year term. With this 3rd renewal option, the vendor requested a cost adjustment to increase rental of 26-35 cubic yard ASL from $6,500 to $8,500 per month, rental roll -off from $6,500 to $8,000 per month, rental of 26-35 cubic yard front load from $6,500 to $8,500 per month, rental of 22-31 cubic yard cherry picker (grapple) from $6,500 to $8,000 per month and rental of 28 yard trash hauler rear loader from $6,500 to $8,000 per month. The vendor has agreed to renew the agreement for the 31 one- year term with the propose increase in costs. Public Works — Solid Waste staff requests the approval to renew the 3rd one-year term from March 20, 2023 to March 19, 2024 with the increase in cost. REQUESTING DEPARTMENT: UTILITIES DEPARTMENT CONTACT: Erin Dunn, Manager, Customer Services TERM: August 1, 2023 to July 31, 2024 SOURCE FOR PURCHASE: City Bid No. 074-2821-151KTR ACCOUNT NUMBER: 401-2825-536-49-17 VENDOR(S): Bi112Pay ANNUAL ESTIMATED EXPENDITURE: $385,800 (not to exceed) DESCRIPTION: On 4/19/2016, City Commission approved the award of the current Bill Printing, Mailing, and Electronic Bill Presentment and Payment contract to Bi112Pay. The initial contract was for three (3) years with an option to renew for five (5) one-year terms. The vendor has agreed to renew the existing agreement with the same terms, conditions, and pricing. The vendor has agreed to renew the contract for its 511 renewal from August 1, 2023, thru July 31, 2024. Staff recommends approval contract renewal. REQUESTING DEPARTMENT: PUBLIC WORKS DEPARTMENT CONTACT: Melvin Stinson, Infrastructure and Maintenance Manager TERM: July 3, 2023 thru July 2, 2024 r,9 SOURCE FOR PURCHASE: BID No. 013-2511-19/IT — Citywide Painting Services Pre -Qualified Pool ACCOUNT NUMBER: Multiple Accounts VENDOR(S): J & J, Inc. dba Eagle Painting; All Counties Painting, LLC ANNUAL ESTIMATED EXPENDITURE: $250,000 DESCRIPTION: On July 2, 2019, City Commission approved the Bid award for "Citywide Painting Services Pre -Qualified Pool' to the two most qualified companies. The Contract allows for three (3) additional one-year renewal option with the same terms, conditions and pricing. The will be the 31 renewal which will allow the City to continue to complete painting projects in a timely manner with professional and experienced painting companies. All Counties Painting, LLC and J & J, Inc. dba Eagle Painting have agreed to renew this bid with the same terms, conditions and pricing for an additional one-year term. REQUESTING DEPARTMENT: POLICE DEPARTMENT CONTACT: Sophia Stewart, Police Budget Services Administrator TERM: June 25, 2023 thru September 23, 2023 SOURCE FOR PURCHASE: Piggy -Back City of Pompano Beach CRA RFP No. P-15-19 Resolution No. 2019-35 — Unarmed Roving Security Guard Services; COBB Resolution R20-036 ACCOUNT NUMBER: 001-2110-521-49-17 VENDOR(S): Professional Security Consultants ANNUAL ESTIMATED EXPENDITURE: $100,000 DESCRIPTION: On May 5, 2020, the City Commission approved the piggyback and authorized the City Manager to sign a contract with the same pricing, terms, and conditions as the City of Pompano Beach CRA for Unarmed Roving Security Guard Services contract with Professional Security Concepts, Inc. The services include the ambassador program and unarmed security services at City Hall, the Cultural Center, other City Facilities/Lands, and Special Events as designated by the Chief of Police. The estimated total of the contract per Resolution R20-036 was $500,000 over a four-year term. However, the vendor has requested an increase in their hourly rates of a starting security office wage to $15 per hour and $17 for supervisors with a new billing rate of $23,75 and $24.93 respectively based on the new wage increase due to various market factors such as inflation and competitiveness in the South Florida job market. The Police Department is requesting to extend the Contract from June 25, 203 thru September 23, 2023 with the hourly rate increase allowing time to pursue a new Contract. The vendor has agreed to extend the Contract with the hourly rate increases for the period of June 25, 2022, thru September 30, 2023. REQUESTING DEPARTMENT. MATERIALS AND DISTRIBUTION DEPARTMENT CONTACT: Michael Dauta TERM: September 4, 2023 thru September 3, 2024 SOURCE FOR PURCHASE: BID No. 029-1412-19IMFD — Annual Supply of Original Equipment Manufacturer (OEM) Service and Parts for Medium/Large and Heavy Duty Vehicles and Equipment ACCOUNT NUMBER: 502-0000-141-0100 VENDOR(S): Dartco, Expert Diesel, Innovative Equipment, Lou Bachrodt, Nacarato, Nextran, Pat's Pump, Southern Sewer, Sunbelt, The Pete Store ANNUAL ESTIMATED EXPENDITURE: $350,000 DESCRIPTION: On 7-16-2019, City Commission approved the Annual Supply of Original Equipment Manufacturer (OEM) Service and Parts for Medium/Large and Heavy -Duty Vehicles and Equipment. It was renewed on June 7, 2022. This is the last renewal option for this contract. The vendors have agreed to renew the Contract for the one-year renewal option thru September 3, 2024. With the new Napa agreement, this contract will mainly be utilized for the service of large fleet vehicles. 9; 9; The C't ly of Sovi7ton Beach ft,tlriton Reach, ��L 33435 R D, Box 310 May 1, 2023 Joanie Beckwith FOK Truck Sales 3214 Adan.io DFive Tarripa, FL 33605 VIA EIOAL "FRANSMIT"FAL 1'0j� iief BID: TRUCK RENTALS BO No.: 011-2515-19iff tit RRENTAGREEMENT TERM: UARCH 20, 2022 -- MARCH 19, 2023 Dew- Ms. Beckwith: 'The current agreernent lerm for "TRUCK RENTALS" expires March 19, 2023 The agreement allows for three (3) additional one (1) year extensions, The City of Boynton Beach would like to extend the bid for its 371 renewal for an additional one-year period with the same terms, conditions, with the option to accept adjustment in cost increases. Please indicate your, response on the following page and return it to Procurerment Services via email to at YOL117 scirkesi convenienc.e. If you should Nave any qUestions, pGepse do not hesitate to contact Taralyn Pratt, Contract Adrn'ffiistrator at (561) 742-6308 Mara Frederiksen Director of Financflal Services Cc: Ar danna Greco-Arencibia, Assistant f.o Director PVV Paul laia, Soild Waste Manager 8 'kmerico'5 GOfe'vvuy Ida 01C,,' Gulf Str&lffl 554 The City of Bowiton Beach Boy n dWjiJ3 ISO rOltM iba:E 111 k I BoVa tot) Beoch, FL 33435 P'0. Box 310 MDL TRUCK RENTALS BID No.: 011-2515-19/7 Aa.'p-eernent between the CITY OF BOYNTON BEACH and RDK, Truck saVes. A -7 EMEIITRENEWALTERIVI: NIARCH20,2023-1WARCH19,2024 I agree tc retlew the existing 'agree 6 I Irrient foan r addifional one-year terrn, wider the me sa rneti and conditions with the option to accept adjustments in cost increases. No, i do not wird"m to renew the bid to the fohowing reason(s) RI K TRLJCi( SALES NAME OF COMPANY NAME OF P'ZIEPRESENTATIVE (please print) DATE A - )e -c E-MAIL SIGNATURE TITLE <i. '3 (AREA CODE) -TELEPHONE NUMBER America's Gcyieway W the Gulf St'['ecjrll 555 RDK, ASSETS', if Wamh 112023, Tne Chy of BoVAon BeaO Boymon Beadi H 33435 T'A-Fnee: AWAdaniq T�r,pa, FL, Phone: 0113-241-60 F"ax',: 813-2411-04n,.-, FTDK is Meased to propose the hAkwing ren.pj qucjaa �n lieu of the previous monthly bid amouds. [we to to Spusity of truck"S arwi 1,he, m,ijof increase in costs of chassis, bodhs & inuuance in our industry RDK s requesting opUan io caknue the reneviai c)f EMD NO. 011-2515-193T Ed these curry nt mondly Ms. RDK is cuuently proposirq 'N:he fokowing these Vuclks RmIN ch 2&35 cubk:,,,iard ASL per n-�on'��h P--,ntalof Rofl-Off,",MOO,00 per amnldi RL ReMA ch 2605 cuNc yard from k,ad S8,5',)0,00, p Ir�w)nth RaMM c4 2131 Wc y w t Awry pk*er ( ChapNe ) $MMOTO per moMh AMA 28 ywd Tmsh AM Rear bade; $8GOTOO per wwih ..fee kellit remains die same rue of 55OW'DO d�"'Hvr�ry and $500.00 pick up charges pervr�-A-,lcpc- JOANIIE BECOVITH CALL, Kernrer, VP tant to Richard RDD Inc, 8112410711 wk 8131100948 W X!'? . ( ..' (I, "y; 556 The City of Bounton Beach Finance/Procurement Services 100 E Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 April 12, 2023 RFP: BILL PRINTING, MAILING AND ELECTRONIC BILL PRESENTMENT AND PAYMENT RFP No.: 074-2821-15/KTR Agreement between the City of Boynton Beach and Bi112Pay, LLC. AGREEMENT RENEWAL TERM: AUGUST 1, 2023 through JULY 31, 2024 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) Bi112113ay, LLC. NAME OF COMPANY NAME OF REPRESENTATIVE (please print) DATE E -MAI L NA URE V (1)r__ ()1_1�_"+T_2 r1_) TITLE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream r - LO Ln Finance/Procurement Services 200EOcean Avenue Boynton Beach, FL33435 f!O.Box ]1O Boynton Beach, Florida 33425'0310 Telephone No: /562/74Z-6310 May 17, 2023 K8c George Terwilliger All Counties Painting 43418VV73Terrace Davie, FL 33314 VIA EMAIL TRANSMITTAL TO: tL,'�2L,)LE-, u 7 .§��qEt,(eijbeljso ti net BID: CITYWIDE PA|MTNGSERVICES — PRE -QUALIFIED POOL BID No.: 013-2511-198T CURRENT AGREEMENT TERM: JULY 3,2022THROUGH JULY 2, 2023 Dear Mr. Terwilliger: The current agreement term for "Citywide Painting Services" expires July 2, 2023 The contract documents allow for three CB additional one-year extensions. The City of Boynton Beach would like to renew this contract for its 3m renewal for an additional one-year period with the same barn1e. conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services along with the company's update COI via email toatyourear|iest convenience. If you should have any questions, please donot hesitate tocontact Tora|yn Pratt, Contract Administrator 8t(581) 742-6308. Sincerely, TarahnPratt Contract Administrator Cc: Melvin Stinson, Infrastructure and Maintenance Manager Ydelsi Rodriguez, Accountant I America's Gateway to the Gulf Stream 558 The City of ,,, ounton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 MMENIRM BID: CITYWIDE PAINTNG SERVICES — PRE -QUALIFIED POOL BID No.: 013-2511-19/IT AGREEMENT RENEWAL TERM: JULY 3,2023 —JULY 2, 2024 /_yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. NAME OF REPRESENTATIVE (please print) -67',,6') -, -7 DATE CAJILCAt E-MAIL ID 7 TITLE 7 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream 559 The City of Bounton Beach FinancelPro0urement Services 100 E. O��ean A venue Boynton B:Gch, Fl. 33435 Boynton Beach, 'Florida 33425-0310 Telephone NO: (561) 742-6310 May 8, 2023 Shaul Maouda.CB} Professional Security Concepts, Inc. 11454Sand Vicente Blvd. 2ND Floor Los Angeles, CA9OO48 700 South Rosemary Avenue, Suite West Palm Beach, FL 33401 VIA EMAIL TRANSMITTAL TO: PIGGY -BACK RFP: City ofPompano 8eochCRA—UmannedRovngSecurityGuurdGemicea RFP No:P15'19;Resolution No. CURRENT AGREEMENT TERM: June 25,2022— June 24,2023 Dear Mr. Maouda.- The current piggy -back agreement term for "City of Pompano Beach CRA — Unarmed Roving Security Guard Services)" expires June 24, 20�3, The agreement allows for two (2) add�itional one-year renewals. The City of Boynton Beach would like to extend this agreement through September 30, 2023, with the same level of services, terms, and conditions with the proposed rate increase of a starting security officer wage to $15.00 per hour and $17.00 for supervisors, the new billing rate will be $23.75 and $24.93 respectively based on the new wage. Please indicate your the company's update C0 via email top questions, please do not hesitate to cc Sincerely, 7"44W Pzd& Taralyn Pratt Cc: Sophia Stewart, PID — Budget ing page and return it to Procurement Services along with the �bbfl.us at your earliest convenience. If you should have any Taralyn Pratt, Contract Administrator at (561) 742-6308. Administrator Gateway to the Gulf Stream 560 The City of Bounton Reneh Finance/Prot 100 E. 0 Boynton B P.O. Boynton Beach, Telephone M May 8, 2023 irement Services 'eon Avenue Inch, FL 33435 Box 310 Florida 33425-0310 :(551) 742-6310 PIGGY -BACK RFP: City of Pompano Beach CRA— Unarmed Roving Security Guard Services RFP No.: P-15-19; Resolution No. 2019-35 Agreement between the CITY OF BOYNTON BEACH and PROFESSIONAL SECURITY CONCEPTS, INC. AGREEMENT RENEWAL TERM: JONE 25, 2023 — SEPTMEBER 30, 2023 X - Yes, I agree to renew the existIng agreement under the same terms, conditions, and level of service with the proposed price increose through September 30, 2023. The proposed rate increase of a starting security officer wage ill be $15.00 per hour and $17.00 per hour for supervisors, the new billing rate will be $ 124.93 respectively based on the new wage. No, I do not wish to extend the Agreement for the following reason(s) PROFESSIONAL SECURITY CO NAME OF COMPANY Shaul Maouda NAME OF REPRESENTATIVE (please print) 5/15/2023 DATE smaouda@pscsite.com E-MAIL INC. StONATURE Chief Operating Officer TITLE 310-207-7729 (AREA CODE) TELEPHONE NUMBER Gateway to the Gulf Stream 561 The City of Bounton Beach FTVA VCE/PR0CU-MEAIKI T SMR L'IC�I S 100 K� ASW OCh_ A NA VAT N.O. BOX 310 BO Y -V1'011 BK4 Cll, 17' 01"L 4 33435 IWT P110 -VW ATO: 6561) 743-8310 - AX: (61) 74.E-6318 March 30, 2023 Dartco Transmission Sales 3601 N. Graham Street Charlotte, NC. 28206 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID # 029-1412-19/MFD Dear Mr. Jason Knotts: The above referenced bid will expire 9-3-23. The bid contains an option for renewal. Therefore, the City of Boynton Beach would like to renew the existing bid under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, the bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at dautamkbbfl.us. We look forward to continue working with you. If you agree, we will go to Commission for approval. If you should have any questions, please feel free to email Michael Dauta, Manager of Materials and Distribution at dautam(a�bbfl.us. Thank you. Sincerely, I**..L a-ajw, Mara Frederiksen Director of Financial Services cc: Michael Dauta — Manager of Materials and Distribution Central File -1_11 VICA'S GATEYT:IYTO TILE GUL STV -K -111I 562 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" Contract Renewal Period: September 4, 2023 THROUGH September 3, 2024 Agreement between the City of Boynton Beach, and Dartco Transmission Sales X Yes, I agree to extend the existing Bid for OEM Parts and Service Large Truck under the same Terms and Conditions for an additional year: September 4, 2023 through September 3, 2024 No, I do not wish to renew the agreement. DARTCO TRANSMISSION SALES Jason Knotts NAME OF REPRESENTATIVE (please print) 4/7/2023 DATE SIGNATURE Vice President TITLE (704) 376-2611 (AREA CODE) TELEPHONE NUMBER AJIERICA 'S (.ATE I AY TO THE C.'t'LFSTR_ Ali 563 The City of Boynton Beach March 30, 2023 SE R T I W"Ef 100 EAST 00 KA.VA T W P.O. ROX 310 R01')Vr0X,0P.AC'H, PWRIDA X1435 71FILEPHONKNO., Mal) 742-W10 Pf AX. (5611742- WI 16 KVP dba Expert Diesel 4700 Oakes Rd Suite G FT. Lauderdale, FL. 33314 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID 4 029-1412-19/MFD Dear Karen Putter: The above referenced bid will expire 9-3-23. The bid contains an option for renewal. Therefore, the City of Boynton Beach would like to renew the existing bid under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, the bid will be extcnded for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at,dautam(L4bbf1.us. We look forward to continue working with you. If you agree, we will go to Commission for approval. If you should have any questions, please feel free to email Michael Dauta, Manager of Materials and Distribution at dautamr&bbtUs. Thank you. Sincerely, 1*k-La.QjM"' Mara Frederiksen Director of Financial Services cc: Michael Dauta — Manager of Materials and Distribution Central File A A 191M,"A 'Sr GA WE ITA V770 WFIR 0 rT, FS"'FREA A f 564 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MIEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" Contract Renewal Period: September 4, 2023 THROUGH September 3, 2024 Agreement between the City of Boynton Beach, and KVP dba Expert Diesel V/ Yes, I agree to extend the existing Bid for OEM Parts and Service Large Truck under the same Terms and Conditions for an additional year: September 4, 2023 through September 3, 2024 No, I do not wish to renew the agreement. NAME OF REPRESENTNfIVE (please print) 12-02-3 DATE Sl xtu'RE TITLE AMERIVA'S GAIWIE4 YWO -W= GLM1TS-W1?rKU1 �1& S11qe V11 cl�ls 1001.A ST U( l:'A N ✓1 VE 1-1. 0. BOX 'I'll 0 110 YNTON BE'A (7f, FLOMIDA X�43�5 TEME'T'HONA'NO: (.761) 74-1-0.110 FAX: (561) 742-0* 316 March 30, 2023 5131.. I,reightliner 2840 Center fort Circle Pompano Beach, IL. 33064 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID 9 029-1412-19[MFI) Dear 1dwin Chi: 'I'lie above referenced bid will expire 9-3-23. 'I"he bid contains an option for renewal, Therefore, the City of Boynton Beach would like to renew the existing bid under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, the bid will be extended for an additional year. ])lease indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at dautam0),bbf1.us. We look forward to continue working with you. Ifyou agree, we will go to Commission for approval. If you should have any questions, please feel free to email Michael Dauta, Manager of Materials and Distribution at dautam,(.a-)bbfl. Lis. Thank You. Sincerely, I*k. Mara F"rederiksen Director of Financial Services cc: Michael Dauta — Manager of Materials and Distribution Central Hle 566 131D NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" Contract Renewal Period: September 4, 2023 THROUGH September 3, 2024 Agreement between the City of Boynton Beach, and SBI.. Freightliner Yes, I agree to extend the existing Bid for OEM Parts and Service Large Truck under the same "Perms and Conditions for an additional year: September 4, 2023 through September 3, 2024 No, I do not wish to renew the agreement. SBL, FREIGHTIANI"R NAME Ol-, RE PRE S l"NTATIVE (please print) DATE SIGNATURE (AREA CODE) Tl'," 1.,E 1) HONE NUMBER A111"'RIM"A's 6'ATPOVAY TO THE (W-TFSTRA'A.11 567 I he City of Boynton Beach 111TVI1YC"KIPROCT WKIIAIN11 SAIR 11101K`� 100 PA 6VTOCAA N A I'A" T� 0. BOX 1310 PLORIDA 3343Z (j6D 742-( ;310 ,r'A-X,',' (561) 7-12-6,116 March 30, 2023 Nacarato Truck Centers As successor -in -interest to General GMC Truck Sales 360 South Military Trail West Palm Beach, FL. 33415 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID # 029-1412-19/MFD Dear Lloyd Baldridge: The above referenced bid will expire 9-3-23. The bid contains an option for renewal. Therefore, the City of Boynton Beach would like to renew the existing bid under the satne terms and conditions for an additional year. We appreciate your quality service, and if you agree, the bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at 4—auta-mQlb—bffiu�- We look forward to continue working with you. If you agree, we will go to Commission for approval. If you should have any questions, please feel free to email Michael Dauta, Manager of Materials and Distribution at dautarn(i�.bbfl.us Thank you. Sincerely, Mara Frederiksen Director of Financial Services cc: Michael Dauta - Manager of Materials and Distribution Central File 1171('3) 71HE BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR ME DIUMILARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" Contract Renewal Period: September 4, 2023 THROUGH September 3, 2024 Agreement between the City of Boynton Beach, and General GMC Truck Sales _Yes, I agree to extend the existing Bid for OEM Parts and Service Large Truck under the same Terms and Conditions for an additional year: September 4, 2023 through September 3, 2024 No, I do not wish to renew the agreement. M�. 6,J G NAME F REPRESENTATIVE (please print) 3 - DATE SIGNATURE TITLE (AREA CODE) TELEPHONE NUMBER 3 -Wo 771hG I -LT4�11RIVIAAI 569 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" Contract Renewal Period: September 4, 2023 THROUGH September 3, 2024 Zme mentbetween the City of Boynton Beach, and Nextran Truck Centers Yes, I agree to extend the existing Bid for OEM Parts and Service Large Truck under the erms and Conditions for an additional year: September 4, 2023 through September 3, 2024 No, I do not wish to renew the agreement. NEXTRAN TRUCK CENTERS e6J00q) NAME OF REPRESENTATIVE (please print) DATE .,,4, i4�� SI ATURE C& J AA, TITLE (AREA CODE) TELEPHONE NUMBER A1IIERICA 'S GATE ITA Y TO THE G ULFSTREADI 570 The City of Bounton Beach P TWAIVOEIPR 0 C URENIENT SI+lRVICUS 100 EAST OCEANA VE P. O. BOX 310 BOYWTONBEACH, FLORIDA 33435 TELEPHONENO. (561) 742-6310 FAX: (561) 742-6316 March 30, 2023 Pat's Pump & Blower 2141 West Church Street Orlando, FL. 32805 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID # 029-1412-19/MFD Dear Kevin Fender: The above referenced bid will expire 9-3-23. The bid contains an option for renewal. Therefore, the City of Boynton Beach would like to renew the existing bid under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, the bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at dautamnbbfl.us. We look forward to continue working with you. If you agree, we will go to Commission for approval. If you should have any questions, please feel free to email Michael Dauta, Manager of Materials and Distribution at dautam@bbfl.us. Thank you. Sincerely, 14a- 9,.G� Mara Frederiksen Director of Financial Services cc: Michael Dauta — Manager of Materials and Distribution Central File AMERICAS GATEWA Y TO THE G ULFSTREAM 571 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS RMEDIUM/LARGE EQUIPMENT"VEHICLES AND Contract Renewal Period: September 4, 2023 THROUGH September 3, 2024 Agreement between the City of Boynton Beach, and Pat's Pump and Blower Yes, I agree to extend the existing Bid for OEM Parts and Service Large Truck under the same Terms and Conditions for an additional year: September 4, 2023 through September 3, 2024 No, I do not wish to renew the agreement. --Uv'er erg NAME OF REPRESENTATIVE (please print) q1 0/ Z07-3 DATE r, • (AREA CODE) TELEPHONE NUMBER AMERICA'S GA'1'EJVA YTO 1113E GUL.V1k5T'RF..AA1 572 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" Contract Renewal Period: September 4, 2023 THROUGH September 3, 2024 Agreement between the City of Boynton Beach, and SSSS dba Southern Sewer X Yes, I agree to extend the existing Bid for OEM Parts and Service Large Truck under the same Terms and Conditions for an additional year: September 4, 2023 through September 3, 2024 No, I do not wish to renew the agreement. SSES DBA SOUTHERN SEWER SIGNATURE Drew Denmon President NAME OF REPRESENTATIVE TITLE (please print) April 2l,2023 800-782-4134 DATE (AREA CODE) TELEPHONE NUMBER AMRRICA'Y GA Y TO 7111 G 17,11WWREAM 573 11DIIAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" KINK21", ITERITITTIEW] TW,,R1111I 11111111111 Agreement between the City of Boynton Beach, and Sun Belt Hydraulics X Yes, I agree to extend the existing Bid for OEM Parts and Service Large Truck under the same Terms and Conditions for an additional year: September 4, 2023 through September 3, 2024 No, I do not wish to renew the agreement SUN BELT HYDRAULICS xff�M NAME OF REPRESENTATIVE (please print) 561-274-8505 (AREA CODE) TELEPHONE NUMBER AMERICA 'S GA TIVIVA V TO THE GULYSTREAM .............. 574 rl�Vic; Mo -01 ti 100 AA ST OCKI I N, I I'll" 1-�O. BOX 310 BOY :V°f OV BEA ('11, F1, ORID � 1 334:45) TE'LE1111ONE'NO. (561) 742-6310 F, IX: (56 1) 742- 63 16 The Pete Store 2441 S. State Road 7 Ft. Lauderdale, FL. 33317 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUMILARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID # 029-1412-19/MFD The above referenced bid will expire 9-3-23. The bid contains an option for renewal. Therefore, the City of Boynton Beach would like to renew the existing bid under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, the bid will be extended for an additional year. on the 'follow .0i)ngge and email it to Michael Dauta, Manager of , daut (I use look forward to continue working with you. I ommission for ap oval. If iou should have an t9ons, I . feel free to email Michael Dauta, Manager of Materials m_p rt 11 to 0 VA 16 14 * I n I I W, f Thank you. Sincerely, # low FWJ 19:-1% A %J ILI I W JA cc: Michael Dauta - Manager of Materials and Distribution Central File 4 TO THE GULFSTRK, 1,11 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURF1 (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUT VEHICLES AND EQUIPMENT" Agreement between the City of Boynton Beach, and The Pete Store Yes, I agree to extend the existing Bid for OEM Parts and Service Large Truck tinder the ame Terms and Conditions for an additional year: September 4, 2023 through September 3, .0_ 74 ME= r-�_,t-t,1LJ �. �4E (please print) Let! DA' E SIGNATURE TITLE ti The City of Boynton Beach March 30, 2023 F'INANCE/PR 0 C UREAIENT SERVICES 100 EAST OCEANA VE P. O. BOX 310 BOYNTONBEACH, FLORIDA 33435 TELEPHONE NO: (561) 742-6310 PAX.- (561) 742-6316 Innovative Equipment Services 2 LLC d/b/a Case Power and Equipment of Florida 12601 W. Okeechobee Road Hialeah Gardens, FL. 33018 BID NAME: `ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID # 029-1412-19/MFD Dear Michael Cabrera: The above referenced bid will expire 9-3-23. The bid contains an option for renewal. Therefore, the City of Boynton Beach would like to renew the existing bid under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, the bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at dautam@bbfl.us. We look forward to continue working with you. If you agree, we will go to Commission for approval. If you should have any questions, please feel free to email Michael Dauta, Manager of Materials and Distribution at dautam@bbfl.us. Thank you. Sincerely, Mara Frederiksen Director of Financial Services cc: Michael Dauta — Manager of Materials and Distribution Central File AMERICU 'S GATETVA Y TO THE G ULPSTREADI ti Ln BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DtJI'Y VEHICLES AND EQUIPMENT" Contract Renewal Period: September 4, 2023 THROUGH September 3, 2024 Agreement between the City of Boynton Beach, and Innovative Equipment Services 2 LLC d/b/a Case Power and Equipment of Florida, as successor -in - interest to Trekker Tractor X -,,- Yes, I agree to extend the existing Bid for OEM Parts and Service 1,arge'Fruek Linder the same 'Perms and Conditions for an additional year: September 4, 2023 through September 3, 2024 No, I do not wish to renew the agreement. INNOVATIVE EQUIPMENT SI 2 1,,LC D/B/A CASE POWER AND EQUIPMENT OF FLORIDA Jabbok Schlacks--- NAME OF REPkESENTA"I'lVE (please print) 5/11/23 DATE CEO TrFLE 579-299-5222 (AREA CODE) TEIJ-.?PHONE NUMBER AMTO-RIG'A'S GAPE TTAYPO TUTU 0111ili'897W-RA-711 ti L0 I Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, Ft 33435 P.O. Box 310 Telephone No. (561) 742-6310 BID- CITYWIDE PAINTING SERVICES — PRE -QUALIFIED POOL BIDNo.: 013-2511-19/IT Agreement between the CITY OF BOYNTON BEACH and J & J Inc. dba Eagle Painting. Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing additional one-year term. Wt No, I do not wish.to renew the bid for the following reason(s) __'4'CAQ_CL) J & J, INC. dybaEAGLE PAINTING V NAME OF COMPANY S'r NATU_RE AMEOFR ESENTATIVE (please print) Z I I q DATE V TITLE P I Fll � I III America's Gateway to the Gulf Stream 579 Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 06/6/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/ 6/2023 Proposed Ordinance No. 23-009- Second Reading- Towing Services Administrative Charge. Requested Action by Commission: Amending Chapter 14 "Motor Vehicles and Traffic" by creation of Section 14-5.1. Title "Towing Services Administrative Charge." Explanation of Request: As recent state legislation no longer permits Florida municipalities from negotiating a franchise fee for contracted towing services, the Police Department proposes the ratification of the attached ordinance in order to collect the statutorily allowed administrative fee. The funds derived will be used to assist with defraying costs associated with towing services such as long-term storage fees of vehicles involved in criminal incidents, assisting with towing fees levied against innocent victims, and the future construction of a City maintained vehicle storage facility. SUMMARY EXPLANATION AND BACKGROUND: 1. House Bill ("HB") 133, related to towing and immobilization of vehicles and vessels was signed into law by Governor DeSantis and became effective on October 1, 2020. 2. HB 133, codified as Florida Statutes 166.04465, prohibits a municipality from enacting an ordinance that imposes a fee, charge, cost, expense, fine or penalty on an authorized wrecker operator or towing business for towing, impounding, or storing a vehicle or vessel. Therefore, the City currently receives no compensation for providing towing services. 3. Florida Statutes 166.04465, permits the imposition of a reasonable administrative fee or charge for towing services, limited to 25% of the maximum towing rate to cover the cost of enforcement, including parking enforcement by a municipality when the vehicle is 580 towed from public property. This fee is to be collected from the vehicle owner by the towing contractor and forwarded to the City monthly. 4. Palm Beach County established maximum towing rates per §19-198 of the Palm Beach County Code, the towing industry fees are reviewed periodically by Palm Beach County. 5. Based on the current maximum towing rates, it is estimated that the City would receive approximately $65,000 to $80,000 in revenues per year from a 25% Administrative Fee. 6. The City desires to establish a reasonable administrative fee for towing services which shall be a flat fee equal to 25% of the initial hookup fee as set by the Palm Beach County towing rates as may be amended from time to time, to cover the cost of towing enforcement when vehicles are towed from public property by amending the City's Code of Ordinances to establish Florida Statutes 72.09, entitled "Towing Services Administrative Charge." How will this affect city programs or services? The City will benefit with the fees collected, as funds will be used to assist innocent victims cover towing and storage fees of their vehicles. It will potentially allow us to build our own evidentiary vehicle storage facility which will create better chain of custody ensuring greater prosecution outcomes. Fiscal Impact: This is a revenue generating line item to the budget. Attachments: Ordinance 23-009 Towing_Services_Admin._00545083xC4B6A_.pdf Tow Ordinance Memo.docx Palm Beach County Maximun Non -Consent Towing Rates (00549160xC4B6A).pdf Towing and Immobilizing Vehicle Laws 2020-174.pdf (00549167xC4B6A).pdf 581 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. 23-009 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 14 ENTITLED "REGULATORY TRAFFIC CONTROL"; BY CREATING SECTION 14-5.1 "TOW SERVICES ADMINISTRATIVE CHARGE", ESTABLISHING AN ADMINISTRATIVE CHARGE FOR TOWING SERVICES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, House Bill ("HB") 133, related to towing and immobilization of vehicles and vessels was signed into law by Governor DeSantis and became effective on October 1, 2020; and WHEREAS, HB 133, codified as § 166.04465, Florida Statutes, prohibits a municipality from enacting an ordinance that imposes a fee, charge, cost, expense, fine or penalty on an authorized wrecker operator or towing business for towing, impounding, or storing a vehicle or vessel; and WHEREAS, § 166.04465, Florida Statutes, permits the imposition of a reasonable administrative fee or charge for towing services, limited to twenty-five percent (25%) of the maximum towing rate to cover the cost of enforcement, including parking enforcement by a municipality when the vehicle is towed from public property; and WHEREAS, Palm Beach County, Florida authorized the establishment maximum towing rates per §19-198 of the Palm Beach County Code which have been established by resolution, which may be amended from time to time; and WHEREAS, the City desires to establish a reasonable administrative fee for towing services which shall be equal to twenty-five percent (25%) of the Palm Beach County towing rates as may be amended from time to time, to cover the cost of towing enforcement when vehicles are towed from public property; and {00545093.1 306-9001921 } 1 582 31 WHEREAS, the City desires to amend the City of Boynton Beach Code of 32 Ordinances to establish § 14-5.1, entitled "Towing Services Administrative Charge"; and 33 WHEREAS, the Mayor and the City Commission of the City of Boynton Beach 34 hereby finds that it is in the best interest of the citizens and residents of the City of Boynton 35 Beach, Florida to approve the Ordinance to the City's Code of Ordinances and as contained 36 herein. 37 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 38 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 39 Section 1. The foregoing whereas clauses are true and correct and are now ratified 40 and confirmed by the City Commission. 41 Section 2. City of Boynton Beach's Code of Ordinances, Chapter 14 "Motor 42 Vehicles and Traffic" is hereby amended by creating Section 14-5.1, "Stopping, Standing, 43 Parking, or Storage Prohibited in Specified Places" as follows: 44 04-5.1 TOWING SERVICES ADMINISTRATIVE CHARGE 45 (A) Definitions. As used in this section, the following words and terms shall have 46 the following meanings: 47 (1) Administrative Charge: a financial charge imposed on the registered 48 owner or other legally authorized person or entity of a motor vehicle or vessel to 49 cover the cost of enforcement, including parking enforcement, by the municipalitX 50 when the vehicle or vessel is towed from public property. 51 (2) Towing Business: a business entity that provides towing and/or 52 wrecker services for monetary gain within the City pursuant to a Towing Services 53 Agreement whom may impose and collect the Administrative Charge on behalf of 54 the City and remit such charge to the City after it is collected. 55 (3) Towing Services Agreement: an agreement between the City of {00545093.1 306-9001921 } 2 583 56 Boynton Beach and a Towing Business that authorizes the Towing Business to 57 provide services for private vehicles or vessels ordered towed by the City within the 58 limits of the City and during designated periods of time. 59 (4) Maximum Towing Rate: the maximum towing rate(s) established by 60 Palm Beach County, Florida, as may be amended from time to time. 61 (B) Towing Services Administrative Charge: The City Commission hereby 62 authorizes the imposition of an Administrative Charge upon the registered owner or other 63 lecally authorized person or entitv in control of a vehicle or vessel when a vehicle or vessel 64 is towed from public nronerty. 65 (1) The Administrative Charge shall be up to twent3L-five (25%)percent 66 of the Maximum Towing Rate to be used to offset the various costs of the City 67 concerning _ towing owing related activities. 68 (2) As directed by the City Commission, a Towing Business pursuant to a 69 Towing Services Agreement may impose and collect the Administrative Charge on 70 behalf of the City of Boynton Beach and shall remit such fee or charge to the City 71 monthly. on or before the fourteenth (14th) day of the month followinc collection. 72 Section 3. Each and every other provision of the City's Code of Ordinances not 73 herein specifically amended, shall remain in full force and effect as originally adopted. 74 Section 4. All laws and ordinances applying to the City of Boynton Beach in 75 conflict with any provisions of this ordinance are hereby repealed. 76 Section 5. Should any section or provision of this Ordinance or any portion 77 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 78 affect the remainder of this Ordinance. 79 Section 6. Authority is hereby given to codify this Ordinance. 80 Section 7. This Ordinance shall become effective immediately. 100545093.1 306-9001921 } 3 584 81 FIRST READING this 16th day of May, 2023. 82 SECOND, FINAL READING AND PASSAGE this day of , 2023. 83 CITY OF BOYNTON BEACH, FLORIDA 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Mayor — Ty Penserga Vice Mayor — Thomas Turk -in Commissioner — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Aimee Kelley VOTE ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) 100545093.1 306-9001921 } M YES NO Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 585 Joseph DeGiulio Chief of Police Ordinance Proposal As recent state legislation no longer permits Florida municipalities from negotiating a franchise fee for contacted towing services, the Police Department proposes the ratification of the attached ordinance in order to collect the statutorily allowed administrative fee. The funds derived will be used to assist defray costs associated with towing services such as long-term storage fees of vehicles involved in criminal incidents, assisting with towing fees levied against innocent victims, and the future construction of a City maintained vehicle storage facility. SUMMARY EXPLANATION AND BACKGROUND: 1. House Bill ("HB") 133, related to towing and immobilization of vehicles and vessels was signed into law by Governor DeSantis and became effective on October 1, 2020. 2. HB 133, codified as § 166.04465, Florida Statutes, prohibits a municipality from enacting an ordinance that imposes a fee, charge, cost, expense, fine or penalty on an authorized wrecker operator or towing business for towing, impounding, or storing a vehicle or vessel. Therefore, the City currently receives no compensation for providing towing services. 3. § 166.04465, Florida Statutes, permits the imposition of a reasonable administrative fee or charge for towing services, limited to 25% of the maximum towing rate to cover the cost of enforcement, including parking enforcement by a municipality when the vehicle is towed from public property. This fee is to be collected from the vehicle owner by the towing contractor and forwarded to the City monthly. 4. Palm Beach County established maximum towing rates per §19-198 of the Palm Beach County Code, the towing industry fees are reviewed periodically by Palm Beach County. 5. Based on the current maximum towing rates, it is estimated that the City would receive approximately $65,000 to $80,000 in revenues per year from a 25% Administrative Fee. 6. The City desires to establish a reasonable administrative fee for towing services which shall be a flat fee equal to 25% of the initial hookup fee as set by the Palm Beach County towing rates as may be amended from time to time, to cover the cost of towing enforcement when vehicles are towed from public property by amending the City's Code of Ordinances to establish § 72.09, entitled "Towing Services Administrative Charge." Professionalism - Respect - Integrity ,,. Dedication � Excellence www.bbpd.org 586 Palm Beach County Current Maximum Non -Consent Towing Rates Rate Type Rate Private Property Impound Tow Class A Flat Rate $123 Class B Flat Rate $217 Class C Flat Rate $308 Class D Flat Rate $308 No other fees may be imposed for the first 24 hours the vehicle is in the care, custody and control of the towing operator, except: a) applicable storage fees may be charged after the proper police authority has been notified and the vehicle has been in the possession of the towing operator for at least 6 hours and b) "extra time at scene" when a law enforcement agency is called/involved and when the officer's name and badge number and detailed explanation is provided. Police Directed Tow Class A $167 Class B $248 Class C — applies to non-commercial vehicles only $370 Class D — applies to non-commercial vehicles only $530 Per mile fee for Police Directed Tow Class A $7.50 Class B $8.50 Class C $10.00 Class D $12.50 Daily outdoor storage - vehicles 25' or less after first 6 hours $25 Daily outdoor Storage — vehicles longer than 25' after first 6 hours $35 Daily outdoor storage - motorcycles, ATV=s, scooters, other small $15 personal vehicles after first 6 hours. *Daily indoor storage - vehicles 25' or less after first 6 hours. $35 *Daily indoor storage - vehicles longer than 25' after first 6 hours. $50 Applies to non-commercial vehicles only. *Daily indoor storage - motorcycles, ATV=s, scooters, other small $20 personal vehicles after first 6 hours. 587 Palm Beach County Current Maximum Non -Consent Towing Rates Effective March 1, 2015 Page 2 of 2 Rate Type Rate Drop Charge — When the vehicle/vessel owner or authorized One-half of driver/agent arrives at the scene prior to the vehicle/vessel being removed the posted rate or towed from the property, the vehicle/vessel shall be disconnected from for such the towtruck and the vehicle/vessel owner or authorized driver/agent shall towing service be allowed to remove the vehicle/vessel without interference upon payment of a reasonable service fee of not more than one-half of the posted rate for such towing service. Administrative/Lien Fee - after 24 -hours, from time of police report. $50 Maximum Must show proof that lien letter(s) have been prepared with appropriate flat fee names/addresses included and that fees have been expended. After Hour Gate Fee — may not be applied between the hours of 8 $35 a.m. and 6 p.m. Monday through Friday (excluding federal holidays) and not for 6 hours after a vehicle has been impounded all other times when: a. Impounded vehicles/vessel are recovered by the owner or authorized driver/agent; or b. The owner or authorized driver/agent wishes to recover property from an impounded vehicle/vessel. Extra Time at Scene - First one-half hour to be included in the 25% of initial cost per call. Charges are 15 minute intervals. All extra applicable time/labor shall be documented by the towtruck operator and shall towing fee in 15 minute intervals. include the name of the law enforcement agency and the law enforcement agency case number or the officer's name and badge number. The documentation shall also include a detailed explanation of the services rendered which necessitated the charges and if possible photographs of the scene. Underwater Recovery - Performed by a certified/ professional $100 plus cost diver with the written documentation and approval by the per hour investigating law enforcement agency/ officer. (port -to -port) Hazardous material clean-up and disposal as required, mandated Towing and/or licensed through state or local laws and approved by the Company investigating law enforcement agency/officer. prevailing rates The above maximum rates are not mandated by Palm Beach County, but they cannot be exceeded. R:IConsumerAffairslTOWING 12020 MaximumNonConsentTowRates.docx 588 CHAPTER 2020-174 Committee Substitute for Committee Substitute for House Bill No. 133 An act relating to towing and immobilizing vehicles and vessels; amending ss. 125.0103 and 166.043, F.S.; authorizing local governments to enact rates to tow or immobilize vessels on private property and to remove and store vessels under specified circumstances; creating ss. 125.01047 and 166.04465, F.S.; prohibiting counties or municipalities from enacting certain ordinances or rules that impose fees or charges on authorized wrecker operators or towing businesses; defining the term "towing business"; providing exceptions; amending s. 323.002, F.S.; prohibiting counties or municipalities from adopting or maintaining in effect certain ordinances or rules that impose charges, costs, expenses, fines, fees, or penalties on registered owners, other legally authorized persons in control or the lienholder of a vehicle or vessel under certain conditions; providing providing applicability; amending s. 713.78, F.S.; authorizing certain persons to place liens on vehicles or vessels to recover specified fees or charges; revising the timeframe within which the notice of sale must be sent to certain entities; amending s.715.07, F.S.; revising a requirement regarding notices and signs concerning the towing or removal of vehicles or vessels; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraphs (b) and (c) of subsection (1) of section 125.0103, Florida Statutes, are amended to read: 125.0103 Ordinances and rules imposing price controls; findings re- quired; procedures.— (1) (b) The provisions er This section does shall not prevent the enactment by local governments of public service rates otherwise authorized by law, including water, sewer, solid waste, public transportation, taxicab, or port rates, rates for towing of vehicles or vessels from or immobilization of vehicles or vessels on private property, or rates for removal and storage of wrecked or disabled vehicles or vessels from an accident scene or the removal and storage of vehicles or vessels in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle or vessel. (c) Counties must establish maximum rates which may be charged on the towing of vehicles or vessels from or immobilization of vehicles or vessels on private property, removal and storage of wrecked or disabled vehicles or vessels from an accident scene or for the removal and storage of vehicles or 1 CODING: Words strieken are deletions; words underlined are additions. 589 Ch. 2020-174 LAWS OF FLORIDA Ch. 2020-174 vessels, in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle or vessel. However, if a municipality chooses to enact an ordinance establishing the maximum rates fees for the towing or immobilization of vehicles or vessels as described in paragraph (b), the county's ordinance shall not apply within such municipality. Section 2. Section 125.01047, Florida Statutes, is created to read: 125.01047 Rules and ordinances relating to towing services.— (1) A county may not enact an ordinance or rule that would impose a fee or charge on an authorized wrecker operator, as defined in s. 323.002(1), or on a towing business for towing, impounding, or storing a vehicle or vessel. As used in this section, the term "towing business" means a business that provides towing services for monetary gain. (2) The prohibition set forth in subsection (1) does not affect a county's authority to: (a) Levy a reasonable business tax under s. 205.0315, s. 205.033, or s. 205.0535. (b) Impose and collect a reasonable administrative fee or charge on the registered owner or other legally authorized person in control of a vehicle or vessel, not to exceed 25 percent of the maximum towing rate, to cover the cost of enforcement, including parking enforcement, by the county when the vehicle or vessel is towed from public property. An authorized wrecker operator or towing business may impose and collect the administrative fee or charge on behalf of the county and shall remit such fee or charge to the county only after it is collected. (3)(a) This section does not apply to a towing or immobilization licensing regulatory, or enforcement program of a charter county in which at least 90 percent of the population resides in incorporated municipalities, or to a charter county with at least 38 incorporated municipalities within its territorial boundaries as of January 1, 2020. This section does not affect a charter county's authority to: 1. Impose and collect towing operating license fees, license renewal fees, license extension fees, expedite fees, storage site inspection or reinspection fees, criminal background check fees, and tow truck decal fees, including decal renewal fees, expedite fees, and decal replacement fees. 2. Impose and collect immobilization operating license fees, license extension fees, license renewal fees, expedite fees, and criminal background check fees. 3. Set maximum rates for the towing or immobilization of vehicles or vessels on private property, including rates based on different classes of 2 CODING: Words strieken are deletions; words underlined are additions. 590 Ch. 2020-174 LAWS OF FLORIDA Ch. 2020-174 towing vehicles, research fees, administrative fees, storage fees, and labor fees; rates for towing services performed or directed by governmental entities; road service rates; winch recovery rates; voluntary expediting fees for vehicle or vessel ownership verification; and to establish conditions in connection with the applicability or payment of maximum rates set for towing or immobilization of vehicles or vessels. 4. Impose and collect such other taxes, fees, or charges otherwise authorized by general law, special law, or county ordinance, resolution, or regulation. (b) A charter county may impose and collect an administrative fee or charge as provided in paragraph (2)(b) but may not impose such fee or charge on a towing business or an authorized wrecker operator. If the charter countyimposessuch administrative fee or charge, the charter county may authorize a towing business or authorized wrecker operator to impose and collect such fee or charge on behalf of the county, and the towing business or authorized wrecker operator shall remit such fee or charge to the charter county only after it is collected. (4)(a) Subsection (1) does not apply to a charter county that had a towing licensing, regulatory, or enforcement program in effect on January 1, 2020. However, such charter county may not impose any new business tax, fee, or charge that was not in effect as of January 1, 2020, on a towing business or an authorized wrecker operator. (b) A charter county may impose and collect an administrative fee or charge as provided in paragraph (2)(b); however, it may not impose that fee or charge upon a towing business or an authorized wrecker operator. If such charter county imposes such administrative fee or charge, such fee or charge must be imposed on the registered owner or other legally authorized person in control of a vehicle or vessel. The fee or charge may not exceed 25 percent of the maximum towing rate to cover the cost of enforcement, including parking enforcement, by the charter county when the vehicle or vessel is towed from public property. The charter county may authorize an authorized wrecker operator or towing business to impose and collect the administrative fee or charge on behalf of the charter county, and the authorized wrecker operator or towing business shall remit such fee or charge to the charter county only after it is collected. (c) For purposes of this subsection, the term "charter county" means a county as defined in s. 125.011(1). Section 3. Paragraphs (b) and (c) of subsection (1) of section 166.043, Florida Statutes, are amended to read: 166.043 Ordinances and rules imposing price controls; findings required; procedures.— (1) CODING: Words strieken are deletions; words underlined are additions. 591 Ch. 2020-174 LAWS OF FLORIDA Ch. 2020-174 (b) The provisions o This section does shall not prevent the enactment by local governments of public service rates otherwise authorized by law, including water, sewer, solid waste, public transportation, taxicab, or port rates, rates for towing of vehicles or vessels from or immobilization of vehicles or vessels on private property, or rates for removal and storage of wrecked or disabled vehicles or vessels from an accident scene or the removal and storage of vehicles or vessels in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle or vessel. (c) Counties must establish maximum rates which may be charged on the towing of vehicles or vessels from or immobilization of vehicles or vessels on private property, removal and storage of wrecked or disabled vehicles or vessels from an accident scene or for the removal and storage of vehicles or vessels, in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle or vessel. However, if a municipality chooses to enact an ordinance establishing the maximum rates fee -s for the towing or immobilization of vehicles or vessels as described in paragraph (b), the county's ordinance established under s. 125.0103 shall not apply within such municipality. Section 4. Section 166.04465, Florida Statutes, is created to read: 166.04465 Rules and ordinances relatin-' to towine' services. - 1) A municibality may not enact an ordinance or rule that would imbose a fee or charge on an authorized wrecker operator, as defined in s. 323.002(1), or on a towing business for towing, impounding or storing a vehicle or vessel. As used in this section, the term "towing business" means a business that provides towing' services for monetary Lain. (2) The prohibition set forth in subsection (1) does not affect a municipality's authority to: (a) Levy a reasonable business tax under s. 205.0315, s. 205.043, or s. 205.0535. (b) Impose and collect a reasonable administrative fee or charge on the registered owner or other legally authorized person in control of a vehicle or vessel, not to exceed 25 percent of the maximum towing rate, to cover the cost of enforcement, including parking enforcement, by the municipality when the vehicle or vessel is towed from public property. An authorized wrecker operator or towing business may impose and collect the administrative fee or charge on behalf of the municipality and shall remit such fee or charge to the municipality only after it is collected. 4 CODING: Words strieken are deletions; words underlined are additions. 592 Ch. 2020-174 LAWS OF FLORIDA Ch. 2020-174 Section 5. Subsection (4) of section 323.002, Florida Statutes, is renumbered as subsection (6), and new subsections (4) and (5) are added to that section to read: 323.002 County and municipal wrecker operator systems; penalties for operation outside of system.— (4)(a) Except as provided in paragraph (b), a county or municipality may not adopt or maintain in effect an ordinance or rule that imposes a charge, cost, expense, fine, fee, or penalty on an authorized wrecker operator, the registered owner or other legally authorized person in control of a vehicle or vessel, or the lienholder of a vehicle or vessel when the vehicle or vessel is towed by an authorized wrecker operator under this chapter. (b) A county or municipality may adopt or maintain an ordinance or rule that imposes a reasonable administrative fee or charge on the registered owner or other legally authorized person in control of a vehicle or vessel that is towed by an authorized wrecker operator, not to exceed 25 percent of the maximum towing rate, to cover the cost of enforcement, including parking enforcement, by the county or municipality when the vehicle or vessel is towed from public property. An authorized wrecker operator or towing business may impose and collect the administrative fee or charge on behalf of the county or municipality and shall remit such fee or charge to the county or municipality only after it is collected. (5) Subsection (4) does not apply to the towing or immobilization licensing, regulatory, or enforcement program of a charter county described in s. 125.01047(3) or (4). Such charter county may impose a charge, cost, expense, fine, fee, or penalty on an authorized wrecker operator in connection with a violation of the towing or immobilization program requirements as set forth by ordinance, resolution, or regulation. Section 6. Subsections (2) and (6) of section 713.78, Florida Statues, are amended to read: 713.78 Liens for recovering, towing, or storing vehicles and vessels. (2) Whenever a person regularly engaged in the business of transporting vehicles or vessels by wrecker, tow truck, or car carrier recovers, removes, or stores a vehicle or vessel upon instructions from: (a) The owner thereof; (b) The owner or lessor, or a person authorized by the owner or lessor, of property on which such vehicle or vessel is wrongfully parked, and the removal is done in compliance with s. 715.07; (c) The landlord or a person authorized by the landlord, when such motor vehicle or vessel remained on the premises after the tenancy terminated and the removal is done in compliance with s. 83.806 or s. 715.104; or 5 CODING: Words strieken are deletions; words underlined are additions. 593 Ch. 2020-174 LAWS OF FLORIDA Ch. 2020-174 (d) Any law enforcement agency, she or he shall have a lien on the vehicle or vessel for a reasonable towing fee, for a reasonable administrative fee or charge imposed by a county or municipality, and for a reasonable storage fee; except that ane storage fee may not shill be charged if the vehicle or vessel is stored for fewer less than 6 hours. (6) A vehicle or vessel that is stored pursuant to subsection (2) and remains unclaimed, or for which reasonable charges for recovery, towing, or storing remain unpaid, and any contents not released pursuant to subsection (10), may be sold by the owner or operator of the storage space for such towing or storage charge 35 days after the vehicle or vessel is stored by the lienor if the vehicle or vessel is more than 3 years of age or 50 days after the vehicle or vessel is stored by the lienor if the vehicle or vessel is 3 years of age or less. The sale shall be at public sale for cash. If the date of the sale was not included in the notice required in subsection (4), notice of the sale shall be given to the person in whose name the vehicle or vessel is registered and to all persons claiming a lien on the vehicle or vessel as shown on the records of the Department of Highway Safety and Motor Vehicles or of any correspond- ing agency in any other state in which the vehicle is identified through a records check of the National Motor Vehicle Title Information System or an equivalent commercially available system as being titled. Notice of the sale must be sent by certified mail. The notice must have clearly identified and printed, if the claim of lien is for a motor vehicle, the last 8 digits of the vehicle identification number of the motor vehicle subject to the lien, or, if the claim of lien is for a vessel, the hull identification number of the vessel subject to the lien, in the delivery address box and on the outside of the envelope sent to the registered owner and all other persons claiming an interest therein or lien thereon. The notice must be sent to the owner of the vehicle or vessel and the person having the recorded lien on the vehicle or vessel at the address shown on the records of the registering agency at least 30 3-5 days before the sale of the vehicle or vessel. The notice must state the name, physical address, and telephone number of the lienor, and the vehicle identification number if the claim of lien is for a vehicle or the hull identification number if the claim of lien is for a vessel, all of which must also appear in the return address section on the outside of the envelope containing the notice of sale. After diligent search and inquiry, if the name and address of the registered owner or the owner of the recorded lien cannot be ascertained, the requirements of notice by mail may be dispensed with. In addition to the notice by mail, public notice of the time and place of sale shall be made by publishing a notice thereof one time, at least 10 days before the date of the sale, in a newspaper of general circulation in the county in which the sale is to be held. The proceeds of the sale, after payment of reasonable towing and storage charges, and costs of the sale, in that order of priority, shall be deposited with the clerk of the circuit court for the county if the owner or lienholder is absent, and the clerk shall hold such proceeds subject to the claim of the owner or lienholder legally entitled thereto. The clerk shall be entitled to receive 5 percent of such proceeds for the care and 6 CODING: Words strieken are deletions; words underlined are additions. 594 Ch. 2020-174 LAWS OF FLORIDA Ch. 2020-174 disbursement thereof. The certificate of title issued under this law shall be discharged of all liens unless otherwise provided by court order. The owner or lienholder may file a complaint after the vehicle or vessel has been sold in the county court of the county in which it is stored. Upon determining the respective rights of the parties, the court may award damages, attorney fees, and costs in favor of the prevailing party. Section 7. Subsection (2) of section 715.07, Florida Statutes, is amended to read: 715.07 Vehicles or vessels parked on private property; towing. (2) The owner or lessee of real property, or any person authorized by the owner or lessee, which person may be the designated representative of the condominium association if the real property is a condominium, may cause any vehicle or vessel parked on such property without her or his permission to be removed by a person regularly engaged in the business of towing vehicles or vessels, without liability for the costs of removal, transportation, or storage or damages caused by such removal, transportation, or storage, under any of the following circumstances: (a) The towing or removal of any vehicle or vessel from private property without the consent of the registered owner or other legally authorized person in control of that vehicle or vessel is subject to substantial striet compliance with the following conditions and restrictions: La. Any towed or removed vehicle or vessel must be stored at a site within a 10 -mile radius of the point of removal in any county of 500,000 population or more, and within a 15 -mile radius of the point of removal in any county of fewer less than 500,000 population. That site must be open for the purpose of redemption of vehicles on any day that the person or firm towing such vehicle or vessel is open for towing purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall have prominently posted a sign indicating a telephone number where the operator of the site can be reached at all times. Upon receipt of a telephoned request to open the site to redeem a vehicle or vessel, the operator shall return to the site within 1 hour or she or he will be in violation of this section. b. If no towing business providing such service is located within the area of towing limitations set forth in sub -subparagraph a., the following limitations apply: any towed or removed vehicle or vessel must be stored at a site within a 20 -mile radius of the point of removal in any county of 500,000 population or more, and within a 30 -mile radius of the point of removal in any county of fewer Tess than 500,000 population. 2. The person or firm towing or removing the vehicle or vessel shall, within 30 minutes after completion of such towing or removal, notify the municipal police department or, in an unincorporated area, the sheriff, of such towing or removal, the storage site, the time the vehicle or vessel was towed or removed, and the make, model, color, and license plate number of 7 CODING: Words strieken are deletions; words underlined are additions. 595 Ch. 2020-174 LAWS OF FLORIDA Ch. 2020-174 the vehicle or description and registration number of the vessel and shall obtain the name of the person at that department to whom such information was reported and note that name on the trip record. 3. A person in the process of towing or removing a vehicle or vessel from the premises or parking lot in which the vehicle or vessel is not lawfully parked must stop when a person seeks the return of the vehicle or vessel. The vehicle or vessel must be returned upon the payment of a reasonable service fee of not more than one-half of the posted rate for the towing or removal service as provided in subparagraph 6. The vehicle or vessel may be towed or removed if, after a reasonable opportunity, the owner or legally authorized person in control of the vehicle or vessel is unable to pay the service fee. If the vehicle or vessel is redeemed, a detailed signed receipt must be given to the person redeeming the vehicle or vessel. 4. A person may not pay or accept money or other valuable consideration for the privilege of towing or removing vehicles or vessels from a particular location. 5. Except for property appurtenant to and obviously a part of a single- family residence, and except for instances when notice is personally given to the owner or other legally authorized person in control of the vehicle or vessel that the area in which that vehicle or vessel is parked is reserved or otherwise unavailable for unauthorized vehicles or vessels and that the vehicle or vessel is subject to being removed at the owner's or operator's expense, any property owner or lessee, or person authorized by the property owner or lessee, before prior- e towing or removing any vehicle or vessel from private property without the consent of the owner or other legally authorized person in control of that vehicle or vessel, must post a notice meeting the following requirements: a. The notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property; within 10 -a feet from the road, as defined in s. 334.03(22) publ e right of way If there are no curbs or access barriers, the signs must be posted not fewer less than one sign for each 25 feet of lot frontage. b. The notice must clearly indicate, in not fewer less than 2 -inch high, light -reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's expense. The words "tow -away zone" must be included on the sign in not fewer less than 4 -inch high letters. c. The notice must also provide the name and current telephone number of the person or firm towing or removing the vehicles or vessels. d. The sign structure containing the required notices must be perma- nently installed with the words "tow -away zone" not fewer less than 3 feet and not more than 6 feet above ground level and must be continuously maintained on the property for not fewer les -s than 24 hours before prior to the towing or removal of any vehicles or vessels. 8 CODING: Words strieken are deletions; words underlined are additions. 596 Ch. 2020-174 LAWS OF FLORIDA Ch. 2020-174 e. The local government may require permitting and inspection of these signs before pfiofto any towing or removal of vehicles or vessels being authorized. f. A business with 20 or fewer parking spaces satisfies the notice requirements of this subparagraph by prominently displaying a sign stating "Reserved Parking for Customers Only Unauthorized Vehicles or Vessels Will be Towed Away At the Owner's Expense" in not fewer less than 4 -inch high, light -reflective letters on a contrasting background. g. A property owner towing or removing vessels from real property must post notice, consistent with the requirements in sub -subparagraphs a. -f., which apply to vehicles, that unauthorized vehicles or vessels will be towed away at the owner's expense. A business owner or lessee may authorize the removal of a vehicle or vessel by a towing company when the vehicle or vessel is parked in such a manner that restricts the normal operation of business; and if a vehicle or vessel parked on a public right-of-way obstructs access to a private driveway the owner, lessee, or agent may have the vehicle or vessel removed by a towing company upon signing an order that the vehicle or vessel be removed without a posted tow -away zone sign. 6. Any person or firm that tows or removes vehicles or vessels and proposes to require an owner, operator, or person in control or custody of a vehicle or vessel to pay the costs of towing and storage before prior to redemption of the vehicle or vessel must file and keep on record with the local law enforcement agency a complete copy of the current rates to be charged for such services and post at the storage site an identical rate schedule and any written contracts with property owners, lessees, or persons in control of property which authorize such person or firm to remove vehicles or vessels as provided in this section. 7. Any person or firm towing or removing any vehicles or vessels from private property without the consent of the owner or other legally authorized person in control or custody of the vehicles or vessels shall, on any trucks, wreckers as defined in s. 713.78(1)(c), or other vehicles used in the towing or removal, have the name, address, and telephone number of the company performing such service clearly printed in contrasting colors on the driver and passenger sides of the vehicle. The name shall be in at least 3 -inch permanently affixed letters, and the address and telephone number shall be in at least 1 -inch permanently affixed letters. 8. Vehicle entry for the purpose of removing the vehicle or vessel shall be allowed with reasonable care on the part of the person or firm towing the vehicle or vessel. Such person or firm shall be liable for any damage occasioned to the vehicle or vessel if such entry is not in accordance with the standard of reasonable care. 9 CODING: Words strieken are deletions; words underlined are additions. 597 Ch. 2020-174 LAWS OF FLORIDA Ch. 2020-174 9. When a vehicle or vessel has been towed or removed pursuant to this section, it must be released to its owner or person in control or custody ^„gin within 1 one hour after requested. Any vehicle or vessel owner or person in control or custody has agent shall have the right to inspect the vehicle or vessel before accepting its return, and no release or waiver of any kind which would release the person or firm towing the vehicle or vessel from liability for damages noted by the owner or person in control or custody other legally authorized person at the time of the redemption may be required from any vehicle or vessel owner or person in control or custody custodian, or agent as a condition of release of the vehicle or vessel to its owner or person in control or custody. A detailed, signed receipt showing the legal name of the company or person towing or removing the vehicle or vessel must be given to the person paying towing or storage charges at the time of payment, whether requested or not. (b) These requirements are minimum standards and do not preclude enactment of additional regulations by any municipality or county including the right to regulate rates when vehicles or vessels are towed from private property. Section S. This act shall take effect October 1, 2020. Approved by the Governor September 18, 2020. Filed in Office Secretary of State September 18, 2020. 10 CODING: Words strieken are deletions; words underlined are additions. 598 Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 06/6/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/ 6/2023 Proposed Ordinance No. 23-010- Second Reading- Historical Designation of 413 NE 12th Avenue. Requested Action by Commission: Approve the request from Dr. Martha Light Meeks, the property owner for the designation of 413 NE 12th Avenue, and the addition of the c.1941 Wood Frame Vernacular, one-story single-family house to the City's Local Registry of Historic Sites. Explanation of Request: One of the principal objectives of the City's Historic Preservation Program is to maintain an inventory of properties that are eligible for preservation and promote and process the addition of eligible sites to the Local Registry. For such consideration is the request from Dr. Martha Light Meeks, one of the property owners, for the designation of 413 NE 12th Avenue, and the addition of the c.1941, Wood Frame Vernacular, one-story single-family house to the City's Local Registry of Historic Sites. Eligibility for designation is based on one or more of the criteria stated in the City's Land Development Regulations, Chapter 4, Article IX, Section 6.13.1 which regards, in part, an association of the property with significant historic events, persons, or design characteristics. In summary, the analysis of the property finds that 413 NE 12th Avenue is eligible for designation under criteria "a", "b" and "c" from the above -referenced section. Criterion "a" describes an eligible property as one that is associated "with events that have made a significant contribution to the broad patterns of the City's history", and criterion "b" is an "association with the lives of persons significant in the City's past". With respect to the historic house, criterion "c" represents a property that "embodies the distinctive characteristics of a type, period or method of construction". A few notable findings documented in the report that summarize the significance of the property are highlighted below: 599 • Ownership of the property has remained within the family since the house was first built, and the Meeks family has owned property in Boynton Beach since 1896. • The Meeks family have contributed to the development of the City, and have continually worked for and contributed to the betterment of the community. • The property consists of one of the five remaining structures built in the 1940s, within the 1925 subdivision of Happy Home Heights. • "Feeling" is how a property conveys a particular period of time through physical features. As the small property retains integrity of setting, design, materials, and workmanship, the structure relates to the feeling of residential life during the segregation era in the 1940s. The property retains its "integrity of feeling." • The property is a "rare example of a minimally altered Wood Frame Vernacular residence from the 1930s in the City. Wood Frame Vernacular structures are the earliest form of construction within the City of Boynton Beach. From the 1920s onwards, construction methods and architectural styles had advanced; however, in the segregated areas, which contained some of the poorest residents, homes continued to be built of wood frame and siding according to traditional methods." • The structure is sufficiently intact to convey the property's relationship to the Depression/New Deal/War Time Era and the associated segregation policy of the City at that time." With respect to eligibility criteria, the property has retained its integrity of association. See attached Designation Report for a complete description of the property and Meeks family, the eligibility criteria as excerpted from the City's Land Development Regulations, and the narrative describing the relevant historic context. Fiscal Impact: There is no fiscal impact to the City for this item. Attachments: Ordinance 23-010 Historic–Designation-413–NE-12th–Avenue Staff Report.pdf 413 NE 12th Avenue Final Report.pdf Application for Designation -413 NE 12th Ave.pdf 600 Presentation for Meeks Property - 413 NE 12th Ave.pptx 601 I ORDINANCE NO. 23 -010 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 DESIGNATING THE MEEKS PROPERTY LOCATED AT 413 NE 12th 5 AVENUE, BOYNTON BEACH, WHICH IS MORE FULLY DESCRIBED 6 HEREIN, AS A LOCAL HISTORIC SITE AND THE ADDITION OF THIS 7 1941, WOOD FRAME VERNACULAR, ONE-STORY SINGLE-FAMILY 8 HOUSE TO THE CITY'S LOCAL REGISTRY OF HISTORIC SITES; 9 PROVIDING A NON -SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 10 11 WHEREAS, Chapter 2, Article II, Section 6.B of the City of Boynton Beach Land 12 Development Regulations provides for the designation and protection of historic sites in the 13 City of Boynton Beach, and the guidelines and eligibility criteria in Chapter 4, Article IX, 14 Section 6.B.1; and 15 WHEREAS, the home was constructed c.1941 and is a Wood Frame Vernacular, the 16 earliest form of construction within the City of Boynton Beach and is one-story single-family 17 house; and 18 WHEREAS, the Historic Preservation Board of the City of Boynton Beach on April 10, 19 2023 recommended that the property at 413 NE 12th Avenue, Boynton Beach more 20 particularly described as Lot 17, Block 1, HAPPY HOME HEIGHTS, according to the Plat 21 thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, 22 Florida in Plat Book 11, Page 30, be designated a historic site; and 23 WHEREAS, Staff and the City's Historic Resources Preservation Board recommends 24 that the subject ordinance be approved thereby adding the Meeks property at 413 NE 12th 25 Avenue to the City's Local Registry of Historic Sites; and 26 WHEREAS, the City Commission of the City of Boynton Beach has conducted a duly 27 noticed public hearing in regard to the designation of the Meeks property at 413 NE 12th 28 Avenue, Boynton Beach as a historic site. 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 30 BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing whereas clauses are true and correct and are now ratified 32 and confirmed by the City Commission. S:ACA\Ordinances\Historic Designation (413 NE 12th Avenue)(2nd Read) - Ordinance.Doex -1- 602 I 2 3 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Section 2. The Meeks home located at 413 NE 12th Avenue is hereby designated in accordance with and under the provisions of the Land Development Regulations, Chapter 2, Article II, Section 6.B, and the guidelines and eligibility criteria in Chapter 4, Article IX, Section 63.1 of the City of Boynton Beach Land Development Regulations and shall be added to the City's Local Registry of Historic Sites. Section 3. It is the intention of the City Commission of the City of Boynton Beach that this Ordinance and each and every of its terms be considered a part of a single whole and that the Ordinance not be severable and that if a court of competent jurisdiction finds that any section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable it its entirety. Section 4. This Ordinance shall become effective immediately upon its passage and adoption. FIRST READING this 16th day of May, 2023. SECOND, FINAL READING AND PASSAGE this 6th day of June, 2023. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice -Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\Ordinances\Historic Designation (413 NE 12th Avenue)(2nd Read) - Ordinance.Doex - 2 - 603 PYai DEVELOPMENT DEPARTMENT 9,F PLANNING AND ZONING DIVISION STAFF REPORT TO: Chair and Members, Historic Resources Preservation Board FROM: Michael Rumpf, Planner and Interim Board Liaison DATE: April 5, 2023 RE: Historic Resources Preservation Board Meeting of April 10, 2023 This report and accompanying exhibits represent the combined back-up for the subject agenda. Item 5.A Local Designation of 413 NE 12th Avenue One of the principal objectives of the City's Historic Preservation Program is to maintain an inventory of properties that are eligible for preservation and promote and process the addition of eligible sites to the Local Registry. For such consideration is the request from Dr. Martha Light Meeks, one of the property owners, for the designation of 413 NE 12' Avenue, and the addition of this c.1941, Wood Frame Vernacular, one-story single-family house to the City's Local Registry of Historic Sites. Eligibility for designation is based on one or more of the criteria stated in the City's Land Development Regulations, Chapter 4, Article IX, Section 6. B.1 which regards, in part, an association of the property with significant historic events, persons, or design characteristics. In summary, the analysis of the property finds that 413 NE 12t" Avenue is eligible for designation under criteria "a", "b" and "c" from the above -referenced section. Criterion "a" describes an eligible property as one that is associated "with events that have made a significant contribution to the broad patterns of the City's history", and criterion "b" is an "association with the lives of persons significant in the City's past". With respect to the historic house, criterion "c" represents a property that "embodies the distinctive characteristics of a type, period or method of construction". A few notable findings documented in the report that summarize the significance of the property are highlighted below: • Ownership of the property has remained within the family since the house was first built, and the Meeks family has owned property in Boynton Beach since 1896. • The Meeks family have contributed to the development of the City, and have continually worked for and contributed to the betterment of the community. • The property consists of one of the five remaining structures built in the 1940s, within the 1925 subdivision of Happy Home Heights. • "Feeling" is how a property conveys a particular period of time through physical features. As the small property retains integrity of setting, design, materials, and workmanship, the 604 structure relates to the feeling of residential life during the segregation era in the 1940s. The property retains its "integrity of feeling." The property is a "rare example of a minimally altered Wood Frame Vernacular residence from the 1930s in the City. Wood Frame Vernacular structures are the earliest form of construction within the City of Boynton Beach. From the 1920s onwards, construction methods and architectural styles had advanced; however, in the segregated areas, which contained some of the poorest residents, homes continued to be built of wood frame and siding according to traditional methods." • The structure is sufficiently intact to convey the property's relationship to the Depression/New Deal/War Time Era and the associated segregation policy of the City at that time." With respect to eligibility criteria, the property has retained its integrity of association. See attached Designation Report for a complete description of the property and Meeks family, the eligibility criteria as excerpted from the City's Land Development Regulations, and the narrative describing the relevant historic context. -2- 605 Dr. Martha Meeks Light and Herman "Doc" Meeks House 413 NE 12th Avenue, Boynton Beach Local Historic Designation II 11111191F v.. m b IN w.. %ir r P l / r°Y p � /ui F u { I 6✓j ��/; 0 r R, 'wawv �Mx Final Report February 8, 2023 Prepared by Warren Adams Historica, LLC I,I'fot listori c ei[ c cC1rrt I I S t )I"Ice), ltC,P"(„)'rY List of Illustrations Figure 1: Boynton Railroad Station, c.1898 Figure 2: Seaboard Airline Depot c.1950s Figure 3: Katie, Louise, Harry, and Herman Meeks going to Boynton Colored Elementary Figure 4: Hurricane Damage to High School, 1928 Figure 5: Katie Montine Meeks and Friends in the Club Continental Figure 6: Happy Home Heights Subdivision Plat, 1925 Figure 7: Happy Home Heights Ad (Palm Beach Post, "Boynton", June 3, 1925 Figure 8: Building Permits (Palm Beach Post, "Building Permits", June 8, 1939 Figure 9: Lake Worth, Fla., USGS, 1945 Figure 10: Existing Home Construction Date by Decade Figure 11: Partial Happy Home Heights Subdivision Aerial Figure 12: 413 NE 12th Avenue Looking West Figure 13: 413 NE 12th Avenue Looking East Figure 14: South Elevation Figure 15: West Elevation Figure 16: South and East Elevations Figure 17: North Elevation Figure 18: Living and Dining Areas Figure 19: Front Bedroom Figure 20: Kitchen Figure 21: Front Porch Interior Figure 22: Edward, his wife Francine and their children Boise, Martha, and Mary Etta Figure 23: Ellis Meeks in 413 NE 12th Avenue Figure 24: George Washington Meeks in the Yard Next to 413 NE 12th Avenue Figure 25: Juanita Meeks in 413 NE 12th Avenue Figure 26: George W. Meeks and Daughter -in -Law at the Meeks House 1 413 NE 12th Ave. — Local Historic Designation 607 Dr. Martha Meeks Light and Herman "Doc" Meeks House Local Historic Designation Property Address: 413 NE 12th Avenue, Boynton Beach, Florida 33435 Parcel Control Number: 08-43-45-21-20-001-0170 Legal Description: Lot 17, Block 1, Happy Home Heights, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 11, Page 30. Construction Date: 1941 (date provided by family) Architect/Builder: Architect not known. Mr. Ed Jones (carpenter), Mr. Charlie Day (plumber), Mr. Thad Williams (electrician) Building Use: Single -Family Residence Architectural Style: Wood Frame Vernacular Location and Site: The property is located on the north side of NE 12th Avenue just west of North Railroad Avenue. The interior lot measures approximately 40 feet wide by 90 feet deep. The one-story structure faces south. Florida Master Site File No.: PB19614 Statement of Significance The property at 413 NE 12th Avenue is a rare remaining example of a wood frame vernacular structure in the City of Boynton Beach. Built during the segregation era, the residence is a significant example of the wood frame vernacular style which retains many character -defining features and its integrity. The property is associated with an early pioneer family whose members contributed to the development of the City and the community. Ownership of the property has remained within the family since the house was first built. The property significantly contributes to the historic fabric of the City of Boynton Beach and is eligible for individual designation and inclusion on the Boynton Beach Register of Historic Places. 0) 413 NE 12th Ave. — Local Historic Designation 608 Criteria for Significance Chapter 4, Article IX, Section 6.B.1 of the City of Boynton Beach Land Development Regulations "Designation of Historic Properties and Districts"1 states: "To qualify as a Property or a District, individual properties must have significance in American history, architecture, archeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, feeling, and association. For Districts, eligibility is based on the establishment of historic contexts or themes which describe the historical relationship of the Properties within the district. Individual Buildings shall normally be at least 50 years old and, in the case of a District at least 50% of the Buildings shall normally be at least fifty years old. Buildings shall also be significant in one or more of the following areas: a. Association with events that have made a significant contribution to the broad patterns of the City's history, or b. Association with the lives of persons significant in the City's past, or c. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; d. Has yielded, or may be likely to yield, information important in prehistory or history, or e. Is listed in the National Register of Historic Places." As indicated in the report, 413 NE 12th Avenue is eligible for local historic designation under the following criteria: a. Association with events that have made a significant contribution to the broad patterns of the City's history. b. Association with the lives of persons significant in the City's past. c. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction. 1 City of Boynton Beach Land Development Regulations. V 413 NE 12th Ave. — Local Historic Designation 609 Historic Context The development of the City of Boynton Beach has taken place over four broad eras: • Pioneer Era (c.1875 to c.1919) • Boom Time Era (c.1920 to c.1928) • Depression/New Deal/War Time Era (c.1929 to c.1945) • Modern Era (c.1946 to c.1967) 413 NE 12th Avenue was built c.1935 during the Depression/New Deal/War Time Era in the Wood Frame Vernacular style. Pioneer Era The earliest recorded property owner in the Boynton Beach area was Captain James A. Armour, the head lighthouse keeper in Jupiter, who, in 1875, filed a claim for beachfront land which encompassed the present Boynton Municipal Beach. Some of the earliest settlers included black families who farmed in the area. It was believed that the Town of Boynton was founded by Major Nathan Smith Boynton who owned all the land in the area and the hotel; however, recent research has shown this is not entirely accurate. In 1892, Byrd Spilman Dewey (Birdie Dewey), a prominent author of the time and wife of Fred Dewey, a Civil War veteran from Indiana, purchased 160 acres of land at the southern end of Lake Worth. In 1895, she sold 120 acres of this land to William Seelye Linton, a new speculator from Michigan who made a small down payment of $100. In 1897, Linton sold 40 acres of this land to Major Boynton, former editor and publisher of the Port Huron Press and owner of the recently built Boynton Hotel. However, the sale was not completed as Linton, who had not paid the Dewey's in full forthe land, had no deed. This leftthe area known as Boynton in turmoil especially as Major Boynton had formed the Southern Florida Land Company and sold town lots on his land for $50. In September 1897, the Deweys filed a foreclosure lawsuit against Linton and Boynton for nonpayment which resulted in them regaining their land. Neither Boynton nor Linton ever filed a plat for the town of Boynton. In 1898, the Deweys filed plats for the town of Boynton and for Dewey's Subdivision. As the Deweys were friends with Major Boynton, they named the town in his honor. Fred Dewey sold lots with genuine deeds to settlers and, as a consequence, served as land agent for several interests in the area including Henry M. Flagler's Florida East Coast (F.E.C.) Railway which had been granted property for building the railroad through to Miamiz. Flagler's first passenger train traveled through Boynton in 18963. z Pedersen, G.L. and DeVries, J.M. Pioneering Palm Beach, the Deweys and the South Florida Frontier. Charleston, SC: The History Press, 2012, p.96-100. 3 Farace, V.K. et. al. Boynton Beach, The First 100 Years. Boynton Beach: Boynton Beach Historical Society & Friends of the Boynton Beach City Library, 1995, p.38. L'1 413 NE 12th Ave. — Local Historic Designation 610 Figure 1: Boynton railroad Station, c.1898 (Boynton Beach City Library). During the late 1890s, residences and commercial buildings sprang up along Ocean Avenue. By 1900, Boynton had become a major supplier of tomatoes and pineapples to northern markets'. The rich soil from the farms also quickly produced beans, peppers, and bananas. Dairy farming also developed on the ocean ridge east of the Florida East Coast Canal. The success of the Boynton Hotel and local farm production prompted the designation of Boynton as a regular stop for the F.E.C. Railroad. The successes from the farms and dairies triggered more expansion to the area throughout the early 1900s. In 1907, the black community petitioned the School Board for a teacher. The Superintendent was ordered to employ a teacher, but the residents were to provide a building. A one -room wooden schoolhouse was constructed on Federal Highway north of Boynton Beach Boulevard. In 1909, when Palm Beach County separated from Dade County, the school became known as the Boynton Negro School'. In 1908, a group of civic -minded women banded together to improve the quality of life for residents. The group was formally organized into the Boynton Woman's Club in 1909. The club quickly succeeded in its main purpose: to provide a venue for local social affairs and to house a lending library. Boom Time Era The Florida "Boom Time Era" was at its peak during the early 1920s. In 1920 Boynton Beach became an incorporated town and in November of this year, a $10,000 bond was passed which financed the $6,000 purchase of an ocean front park. Other early projects included the construction of a jail and, in 1920, doubling the F.E.C. railroad tracks which serviced Boynton. ' Ibid. p.7. ' Boynton Beach Historical Society Website "Boynton Beach's Poinciana School History". 9 413 NE 12th Ave. — Local Historic Designation 611 Within the next three years the town proceeded with paving streets and installing a water treatment system and, in 1924, a volunteer fire department was organized. In 1925 the Seaboard Coastline Railroad served the Boynton area. Figure 2: Seaboard Airline Depot c..1.950s (Boynton Beach City Library). On February 20, 1924, the Commissioners of the Town of Boynton adopted and passed Ordinance No. 37 (Attachment A) which established segregation and set apart "separate residential limits or districts for white and negro residents"'. The Ordinance set the boundaries for what was to be known as "The Negro District within the Town of Boynton, Florida" while the remaining land or parcels of land within the Town would be known as "The White District within the Town of Boynton, Florida". The Ordinance made it illegal for black residents to reside "within the territorial limits of said Town so set apart and established for the residence of white persons" and for white residents to reside "within the territorial limits of said Town so set apart and established for the residence of negroes." The penalty for violating this Ordnance was a fine of no more than $500, or imprisonment for not more than 60 days, or both. The black community, who primarily lived on Federal Highway to the north of Boynton Beach Boulevard, was forced to move west. Many buildings were also moved including homes, businesses, and the Boynton Elementary School which was moved to Wells Avenue and renamed Boynton Colored Elementary. Figure 3: Katie, Louise, Marry, and 1 -Ferman Meeks going to Boynton Colored Elementary (Victor D, Nodus). 6 Ordinance No. 37, Town of Boynton. City of Boynton Beach Public Records, 1924. X 413 NE 12th Ave. — Local Historic Designation 612 $ �a� t m,A The black community, who primarily lived on Federal Highway to the north of Boynton Beach Boulevard, was forced to move west. Many buildings were also moved including homes, businesses, and the Boynton Elementary School which was moved to Wells Avenue and renamed Boynton Colored Elementary. Figure 3: Katie, Louise, Marry, and 1 -Ferman Meeks going to Boynton Colored Elementary (Victor D, Nodus). 6 Ordinance No. 37, Town of Boynton. City of Boynton Beach Public Records, 1924. X 413 NE 12th Ave. — Local Historic Designation 612 On November 18, 1924, the Town Commission adopted and passed Ordinance No. 47 (Attachment B) amending Ordinance 37 by "extending and defining the boundaries of the separate residential limits or districts for negro residents"7. Enterprising men were developing large tracts of land throughout Boynton. James Hartley and the Palm Beach -Boynton Development Company with K.D. Purdy began Lake Boynton Estates, a subdivision at the west end of Ocean Avenue. Two additional platted areas increased the size of Lake Boynton Estates. Stile Hall, C.F. Knuth and C.O. Miller organized the Boynton Finance Corporation to cover all aspects of real estate from construction to finance. The firm purchased tracts of land for both residential and commercial development throughout the community. Two developments by Knuth and Miller were found in Beverly Hills and Bower's Park. Hall with K.D Purdy developed Lakeside Gardens and Boynton Heights, L.E. Perkins purchased 30 acres of the Carrie Knapp tract west of town for redevelopment, and the Blake Company, owned by George H. Blake, developed Boynton Hills which was originally the Hardee pineapple fields. The Blake Company's extensive plans called for a "Grand Boulevard", which would accommodate 350 lots and the Blake Hotel. During the height of the boom Frank J. Nutting of the Nutting and Perkins Real Estate Firm confirmed a land sale exceeding $10,000 an acre. The newly named EI Dorado Park became the costliest parcel in the area according to Nutting. In 1925, Robert E. Wells, a Bahamian landowner and businessman, platted his property as the Robert E. Wells Subdivision. The street, originally named Wells Avenue and now East Martin Luther King Jr. Boulevard, became a thriving main street serving the black community$. Also in 1925, a new Rosenwald School was built for the black community on the corner of Seacrest Blvd. and NW 12th Ave. Rosenwald Schools were built primarily for the education of African American children in the South in the early 20th century. The project was the product of a partnership between Julius Rosenwald, CEO of Sears, Roebuck and Company and the African American leader Booker T. Washington. From the 1910s to the early 1930s, over 5,000 Rosenwald Schools were built in the southern states9. In the second half of the 1920s, a series of unfortunate events began to unfold in Boynton. In early 1925, citrus canker was discovered in the orange groves forcing the destruction of all citrus groves in Boynton. Financial problems began to plague the town, tax assessments continued to rise, recall elections and failed resolutions were topics of discussion, and resignations became commonplace with municipal officers. While salaries for municipal workers were slashed and bonds were burned, the voters of Boynton voted unanimously for the construction of a beach front casino that cost nearly $12,000. The Florida Land Boom was coming to an end and Boynton was deeply in debt. Ordinance No. 47, Town of Boynton. City of Boynton Beach Public Records, 1924. $ City of Boynton Beach Black History Website. e Ibid. 7 413 NE 12th Ave. — Local Historic Designation 613 In 1927, the Boynton Beach High School, designed by William Manley King in the Mediterranean Revival style, was completed. However, the building was badly damaged along with many others during the 1928 hurricane. Many people took refuge in the new building only to be injured when the auditorium gave way10 Figure 4: Hurricane Damage to High School, .1928 (City of Boynton Beach). Depression/New Deal/War Time Era State legislative assistance alleviated some of Boynton's financial problems; however, concerns regarding indebtedness from municipal projects reached a peak when residents on the east side of the Intracoastal Waterway, which was earlier known as the East Coast Canal, served notice to the town of their wish to separate from Boynton and start a new municipality. Boynton and the eastside residents reached an agreement whereby the new municipality would assume indebtedness in excess of $350,000. The agreement was finalized in 1931 with the formation of two separate municipalities, Boynton and Boynton Beach. On November 7, 1933, the Board of Town Commissioners passed and adopted Ordinance No. 13611 (Attachment C). This racial "sunset law" stated that after December 1, 1933, white people over 18 years of age could not be in the black section of town, and blacks could not be in the white section after 9 p.m. from October through May or 10 p.m. from June through September. By 1935 the Town of Boynton began construction of a replacement for the old wooden bridge on Ocean Avenue. The new bridge was financed with Depression Era funds supplied by the federal government. By 1939 the Town of Boynton Beach changed its name to Ocean Ridge. Within two years the Town of Boynton also adopted a new name and became the Town of Boynton Beach. The war years brought a different kind of living to Boynton residents as nighttime activities ceased, blackouts were ordered along the shoreline, and patrols kept watch on the beaches which were off-limits at night and partially limited in the day. Allied ships became the target of German U-boats. During one four-month period, sixteen ships were torpedoed between Cape Canaveral and Boca Raton. 10 Farace, V.K. et. al. Boynton Beach, The First 100 Years. Boynton Beach: Boynton Beach Historical Society & Friends of the Boynton Beach City Library, 1995, p.22. 11 Ordinance No. 136, Town of Boynton. City of Boynton Beach Public Records, 1933. E3 413 NE 12th Ave. — Local Historic Designation 614 In 1945, the Club Continental opened at 150 NE 10th Avenue. The first floor contained a bar area and the second floor was used for dances and concerts. The club was a hub for black entertainment from the 1950s to the 1960s and was part of the Chitlin Circuit which was a network of clubs, theaters, and other venues where black entertainers were allowed to perform during the segregation era. Many artists that performed here for $400 a night would eventually become household names such as James Brown, B.B. King, Fats Waller, and Guitar Slim12. Figure 5: Katie Montine Meeks and Friends in the Club Continental (Victor D. Noffus) Modern Era In 1951, the Palm Beach Post reported a meeting between the Boynton Negro Civic League and the City Commission. The Civic League requested expansion of the black residential section of the town, playgrounds for children, and beach bathing facilities for the black community. The meeting was noted as being the first time the black community had taken part in a local Commission meeting13 By the 1950s Boynton Beach was developing along the lines of other small South Florida cities. A new city hall was built on the corner of Seacrest Boulevard and Boynton Beach Boulevard in 1958, additional beach front property was purchased to extend recreational facilities, and Bethesda Memorial Hospital was opened in 1959. Further improvements included construction of a new civic center (1960), a new water treatment plant (1962), and a bridge over the Intracoastal at SE 15th Avenue (1967). From 1950 to 1960, Boynton's population grew from 2,543 to 10,400. Private developers once again returned to the community. In the mid-1960s three large residential projects began at Hampshire Gardens, Sterling Village, and the 415 -acre "Leisureville"14 12 City of Boynton Beach Black History Website. 13 Palm Beach Post, "Negroes Present 3 -Point Program", May 22, 1951, p.7 (Newspapers.com). 14 Historic District Design Guidelines, City of Boynton Beach, 2013. p.25-31. E%7 413 NE 12th Ave. — Local Historic Designation 615 Significance Analysis Happy Home Heights Subdivision Many of the oldest subdivisions in Boynton Beach are named after African Americans: • E. Roberts Addition (1911): named after owner Eddie and Elizabeth Roberts. • Meeks and Andrews Add: (1914): Named after Allen Meeks and John Andrews families. • Frank Weber Addition: (1922) named after Frank Weber. • Meeks Addition: 1923 —Named after Ed and Frances Meeks family. • Robert Wells Addition: 1925 named after Robert Wellsl5 The Happy Home Heights Subdivision was originally platted by the Boynton Development Corporation on February 25, 1925 (Attachment D). The creation of this subdivision is associated with the segregation policy established by Ordinance No. 37 in 1924 and Ordinance No. 47 in 1924 which set boundaries for "The Negro District within the Town of Boynton, Florida" and "The White District within the Town of Boynton, Florida", and Ordinance No. 136 in 1933 which established a racial "sunset law". The subdivision originally consisted of ten blocks which stretched from just west of North Seacrest Boulevard to North Federal Highway and contained the lots on the south side of NE 13th Avenue and the lots on both sides of NE 12th Avenue. It appears the lots to the west of North Seacrest Boulevard have been replatted and incorporated into other subdivisions. The internal lots measured between forty to forty-two feet wide by ninety feet deep. The corner lots had slightly larger frontages. Originally, the roads were forty feet wide. As shown below, when first platted, NE 12th Avenue was known as Lincoln Avenue as it was named after Edward Lincoln Meeks. _---- .._ 17 -I I �,.''.V � L,_i I L .- .�Wr �ilvcc3L.r1 � y� � � �J_-_ � .,..1: ���Ll.•�� � •'.•, �.,..'� N�.< A �- x RVENLJE ; �i cx "� ITr i�c BTor. 1x mil R T R x wJ t U� Iz crs uk �M._ p II II Figure 6: Happy Home Heights Subdivision Plot, .1925, The earliest mention of the Happy Home Heights Subdivision is from June 3, 1925, when the Palm Beach Post listed an advertisement encouraging white investors to buy lots in the subdivision. is Victor D. Norfus oral communication, various dates. 10 413 NE 12th Ave. — Local Historic Designation 616 l.:'onie on white folks, let's buy some colored lots in Happy biome 1fel 'lr,ts, You can make Thera, a good in. corne. Property logs 4205 feet, atµ ; 5 to $425; terms 0 per cent down, %glance $1,0 perworth. Qnly a few Ioft. Figure 7: Happy Home Heights Ad (Palm Beach Post "Boynton", June 3, .182.5, p.19 (Newspapers.com)). Very little information regarding the sale of lots in Happy Home Heights is provided in newspapers after the above advertisement. This suggests either sales may have been slow or, more likely, properties were being purchased by black families and no further advertising of available lots was published. However, in 1939, most of the building permits issued in May were for the subdivision. Figure 8: Building Permits (Palm Beach Post, "Building Permits , ..lune B, 18.39, p.2 (Newspapers.com)). When the subject property was built, it is likely it would have been one of only a few houses in the subdivision but by 1945, as shown in the map below, the subdivision and surrounding subdivisions had been developed extensively. Figure 9: Lake Worth, Fla., USGS'S, .191.5 (USGS.gov) 11 413 NE 12th Ave. — Local Historic Designation 617 Over time the subdivision has continued to develop as a single-family residential neighborhood. However, as shown in the graph below, only three properties from the 1930s and five from the 1940s remain. Figure 10: Existing Home Construction Date by Decade. Development in the subdivision is low rise with the majority of buildings being one story in height although two-story examples exist. By viewing an aerial image of the surrounding area, most properties appear to have similar setbacks, although the subject property is closer to the street than most, and their footprints appear to be similar in size. The quality of landscaping and associated features such as fences, driveways, boundary walls, vegetation, and level of maintenance varies from propertyto property. The roadways are surfaced with asphalt and there are concrete sidewalks only to the north side of the east/west running roads and on North Seacrest Boulevard. Figure 11: Partial Happy htome Heights .Subdivision Aerial, 20722 (Palm Beach Property Appraiser Wlebsite), 12 413 NE 12th Ave. — Local Historic Designation 618 Figure 12: 4.13 IVE .12'x' Avenue Looking west (w. Adams, August 7, 2022). Figure .13: 413 IVE 121h Avenue Looking East (WET. Adams, August 7, 21722). Based on the above, 413 NE 12th Avenue is eligible for historic designation under criterion "a", "association with events that have made a significant contribution to the broad patterns of the City's history" as it is associated with the early development of the City of Boynton Beach and the segregation policy established by Ordinance No. 37 and Ordinance No. 47, adopted in 1924, which set boundaries for "The Negro District within the Town of Boynton, Florida" and "The White District within the Town of Boynton, Florida" and Ordinance No. 136, adopted in 1933, which established a racial "sunset law". 13 413 NE 12th Ave. — Local Historic Designation 619 413 NE 12th Avenue Description The single-family residence at 413 NE 12th Avenue, built 1941, sits on an interior lot on the north side of the street just west of N Railroad Avenue. The south facing lot measures forty feet wide by ninety feet deep. The residence is setback twelve feet from the front property line and is approached by a concrete walkway which continues along the facade of the house. The driveway and parking area are surfaced with concrete. The property is enclosed by a four foot (4') high chain link fence. The one-story residential structure is rectangular in plan and has a total floor area of 998 square feet. Construction is of concrete block piers supporting a wood frame structure with exterior wood siding. The main structure and front porch have pitched gable roofs surfaced with grey asphalt shingles. The front porch roof is slightly lower than the roof of the main house. To the rear of the main house is a one-story kitchen, a bathroom, which was originally a porch, with a shed roof of rolled asphalt, and a one-story storage shed with a flat roof. The south (front) elevation contains a one-story porch structure which runs almost the full width of the house. It appears the front porch may have been enclosed at some point as the original facade of the house with wood siding and aluminum frame two -over -two single -hung windows with wooden surrounds and sills still exists within the porch. The porch is constructed of a wood frame with a pitched gable roof with grey asphalt shingles and wide overhang. There are exposed rafters under the overhangs to the west and east. The front roof gable contains vertical wood siding while the walls contain horizontal wood siding of two different types. Most of the porch siding is of novelty drop siding; however, there is an area under the eastern window of what appears to be tongue and groove siding indicating a later repair. The wood siding of the porch does not align with the wood siding of the main house. Wood trim is incorporated at the porch corners, the door surround, and where the vertical and horizontal siding meet. Fenestration comprises aluminum frame jalousie windows and a twenty -one -panel wooden door. The front door is off -center to align with the original front door, the interior doorway, and the rear door. Over the front door is a wooden canopy with a flat roof supported by two plain wooden square supports. The gable of the original house is visible above the porch. This gable is surfaced with horizontal wood siding and there appears to be an enclosed vent. 14 413 NE 12th Ave. — Local Historic Designation 620 Figure 14: South Elevation (W. Adams, August 7, 2022). The west elevation is of novelty drop siding, with two, two -over -two aluminum frame single -hung windows with wood trim surrounds and sills, exposed rafters, and wooden shutters. Towards the rear of this elevation are an aluminum frame awning window with wood trim surround and what appears to be an aluminum frame sliding window to the rear. Figure .1.5. West Elevation (W. Adams, August 7, 2022). The east elevation is of novelty drop siding with three, two -over -two aluminum frame single - hung windows with wood trim surrounds, sills, and exposed rafters. At the rear is a small storage shed of novelty drop siding with an aluminum frame jalousie window with wood trim surround. 15 413 NE 12th Ave. — Local Historic Designation 621 1r! 4's� Figure .1.5. West Elevation (W. Adams, August 7, 2022). The east elevation is of novelty drop siding with three, two -over -two aluminum frame single - hung windows with wood trim surrounds, sills, and exposed rafters. At the rear is a small storage shed of novelty drop siding with an aluminum frame jalousie window with wood trim surround. 15 413 NE 12th Ave. — Local Historic Designation 621 Figure 16: Sarah and East Elevations (W. Adams, August 7 2022). The north (rear) elevation contains a roof gable with horizontal wood siding and vent. Below this is an enclosed porch with a shed roof, novelty drop siding, wooden corner trim, and a rear door with screen. Over the door is a flat roofed canopy supported by two simple square wooden supports. The rear window was obscured by a wooden shutter. Adjacent to the porch is a storage shed with a flat roof, novelty drop siding, wooden corner trim, and a wooden door. Figure 17: North Elevation (W. Adams, August 1:3, .201.2.2). 16 413 NE 12th Ave. — Local Historic Designation 622 Internally, the house comprises an entrance porch, living room, three bedrooms, a kitchen, and a bathroom. Originally, there was an outhouse located at the northwest corner of the back yard. The interior floors are surfaced with vinyl tile. Many of the interior walls are of painted wood siding with wooden base boards, door surrounds, and quarter -round corner beading although the walls of the front bedroom are surfaced with painted wood paneling. The ceilings of the original house are of painted, textured plaster and the kitchen ceiling is of wood boarding. The walls of the front porch addition are clad with wood on the exterior only leaving the wooden structure exposed on the interior. The house appears to have been designed along the principals of a shotgun house as all doors from the front to the rear align and all bedrooms are located on the east side. Additions and Alterations Very few records exist on this property; therefore, most of the following was determined from a brief survey, photographs from the survey, and information provided by Dr Martha Meeks -Light and Victor D. Norfus, her son. At some point, the front porch may have been enclosed as a second frontage to the house is visible within the porch. Construction of the porch is compatible with that of the original residence. To the rear of the property, a porch also appears to have been enclosed. This now contains the bathroom. Adjacent to the rear porch is a storage shed which may be a later addition. Construction of both the porch and storage addition is compatible with that of the house. It is likely the original house contained wooden single- or double -hung windows; however, these have been replaced with aluminum frame single -hung and awning windows. The front porch contains jalousie windows which appear to be a later alteration. Figure 18: Living and Dining Areas (WAC. Adams, August 13, 2022). 17 413 NE 12th Ave. — Local Historic Designation Figure 19: Front Bedroom (W. Adarns, August 13, 2022 623 Figure 20 Kitchen (01.. Adams, August 13, 2022). Integrity Figure2.1: Front Porch Interior (w. Adams, August 13, 2022. Chapter 4, Article IX, Section 6.B.1 of the City of Boynton Beach Land Development Regulations "Designation of Historic Properties and Districts" states: "Guidelines for Historic Designation. To qualify as a Property or a District, individual properties must have significance in American history, architecture, archeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, feeling, and association." As noted above the structure is in its original location. The subdivision has developed over time and new architectural styles have been introduced; however, it still retains its original intent as a single-family neighborhood, the street layouts changed minimally, and there are no examples of inappropriate development. The property retains its integrity of location and setting. The property has been altered; however, the alterations are early and are consistent with the architectural style of the house, the window alterations are reversible, and the essential exterior form, plan, space, structure, and style have been retained. The property retains much of its integrity of design. The property retains almost all the original materials including wood siding, structural materials, and interior materials. The only materials lost are the original wood frame windows. The property retains much of its integrity of material. As most of the original materials remain, the traditional workmanship required to construct the house, likely without the aid of a set of plans, is evident. The property retains its integrity of workmanship. Feeling is how a property conveys a particular period of time through physical features. As the small property retains integrity of setting, design, materials, and workmanship, the structure relates to the feeling of residential life during the segregation era in the 1940s. The property retains its integrity of feeling. 413 NE 12th Ave. — Local Historic Designation 624 Wood Frame Vernacular structures are the earliest form of construction within the City of Boynton Beach. From the 1920s onwards, construction methods and architectural styles had advanced; however, in the segregated areas, which contained some of the poorest residents, homes continued to be built of wood frame and siding according to traditional methods. The structure is sufficiently intact to convey the property's relationship to the Depression/New Deal/War Time Era and the associated segregation policy of the City at that time The property retains its integrity of association. Based on the above, 413 NE 12th Avenue is eligible for historic designation under criterion "c" "embodies the distinctive characteristics of o type, period or method of construction" as this is a rare example of a minimally altered Wood Frame Vernacular residence from the 1930s in the City. 19 413 NE 12th Ave. — Local Historic Designation 625 Ownership History The following ownership details are based on information obtained from the Palm Beach County Property Appraiser website 16 and Polk's Directories" 11 1958-1970 Washington Meeks 1971-1975 Mrs. Juanita Meeks Pre -1990 Paul Butler and Montine Butler 1990 Juanita Meeks 1998 Katie Meeks Butler, Martha Meeks Light, Herman H. Meeks, Harry F. Meeks, Gregory A. Meeks, Edward Pressley, Vincent Pressley, Eleanor L. Pressley, Michael J. Pressley, Sharon Pressley 2020 Martha Meeks Light, Michael Pressley, Sharon Pressley Family and Property History The following family information was provided by Dr. Martha Meeks Light19 and from a discussion with Victor D. Norfus, her son20. The recognized heads of the Meeks family are Allen and Ellen Meeks. Allen and Ellen worked as slaves on the same plantation when they were children. They stayed together throughout their lives, were married, and had four children named George, Ellis, Oscar, and Edward. In 1896, after slavery ended, they moved to Boynton. The oldest son, Edward Lincoln Meeks, was around 20 years of age when the family moved to Boynton. He worked on Flagler's railroad and bought several plots of land on NE 10th Avenue from N Railroad Avenue to NE 2nd Street. Edward had three children named Otis, Bosie, and Elise. Figure 22: Edward, his wife Francine and their children Boise, Martha, and Mary Etta (Victor D. Norfus). 1e Palm Beach County Property Appraiser website. 1' Polk's Lake Worth and Boynton Beach (Palm Beach County, Fla.) City Directory. 1958-1967. 18 Polk's Lake Worth Boynton Beach and Lantana (Palm Beach County Fla) City Directory. 1968-1975. 19 Dr. Martha Meeks Light written communication, August 7, 2022. 20 Victor D. Norfus oral communication, various dates. C 413 NE 12th Ave. — Local Historic Designation 626 r IrP c The oldest son, Edward Lincoln Meeks, was around 20 years of age when the family moved to Boynton. He worked on Flagler's railroad and bought several plots of land on NE 10th Avenue from N Railroad Avenue to NE 2nd Street. Edward had three children named Otis, Bosie, and Elise. Figure 22: Edward, his wife Francine and their children Boise, Martha, and Mary Etta (Victor D. Norfus). 1e Palm Beach County Property Appraiser website. 1' Polk's Lake Worth and Boynton Beach (Palm Beach County, Fla.) City Directory. 1958-1967. 18 Polk's Lake Worth Boynton Beach and Lantana (Palm Beach County Fla) City Directory. 1968-1975. 19 Dr. Martha Meeks Light written communication, August 7, 2022. 20 Victor D. Norfus oral communication, various dates. C 413 NE 12th Ave. — Local Historic Designation 626 Ellis Meeks worked on a farm in a small town in Miccosukee, Florida and then had a job working on the trains on Flagler's railroad before moving his family to Boynton. He owned a large house with five bedrooms and a large porch surrounding the house on land he bought near the railroad on 11th Avenue. He was a driver, conductor, ticket master, and mechanic. Figure 23: Ellis Meeks in 4.13 NE.12111 Avenue (Victor D Norfus). Eventually other Meeks began to migrate to Boynton. In 1910, 12 - year -old George Washington Meeks, son of Allen and Ellen Meeks, came to Boynton by hitchhiking on a train via Tallahassee where he had relatives. In 1924-1925, George married Elizabeth Roberts, daughter of Eddie and Elizabeth Roberts. Eddie Roberts was a farmer whose family owned the Roberts Quarter (a quarter, was an area of land owned by the descendants of slaves who used this term, which came from slave quarters, to refer to their land). Figure 24: George Washington Meeks in the Yard Next to 41.3 NE .12'r' Avenue (Victor D. Norfus). At five feet, five inches tall and 130 pounds, George was a small man who could not work on the railroad where employees had to weigh at least 150 pounds. He worked on the farm picking and packing strawberries until equipment was purchased to help with the heavy processes. George's wife had tuberculosis during her pregnancy and died at a young age while giving birth to their son Joseph Meeks. George continued to live with his in-laws and son in the Roberts Quarter until 1935 when Juanita Suttles arrived in Florida from Lafayette, Georgia. George and Juanita married and continued to stay in a rental house with George's in-laws in the Roberts Quarter where the family continued to grow. The family needed more space, but George could not borrow money from a bank or loan company. A man named Mr. Harvey Oyer, an insurance agent, loaned George $400 to purchase four plots of land at 413 NE 12th Avenue, the location of the current house. At this time, only black builders could build houses in the black area. Mr. Ed Jones was the carpenter, Mr. Charlie Day was the plumber, and Mr. Thad Williams was the electrician. Figure 2.5: Juanita Meeks in 41.3 NE 12 1h Avenue (Victor D. Norfus). 21 413 NE 12th Ave. — Local Historic Designation 627 George was a quiet man who loved his wife and children. Juanita helped to earn money by washing and ironing for Mr. Oyer and cleaning houses owned by white residents. She also tried to make things better for children and the community by making the house available for events that affected the black residents. During World War II, the house was used as a meeting place for families whose sons and daughters had been killed while fighting for their country. Bodies were taken from the train to the house for pre -funeral preparation, consoling families of the deceased, prayer, and rituals such as the ringing of the church bell. Figure 26: George 01. Meeks and Dough ter. -in -Law at the Meeks Mouse (Victor D, Norfus). The house was also used for happy occasions including use of the adjacent land for outdoor weddings and prayer meetings for the safe return of service men and women. This section of the town was called the Meeks Quarter. The police would expect residents in this area to gather information about crime in the area. The house continued to get business with whatever was going wrong or right in the area. The house has survived several hurricanes. In 1948, the family had to seek shelter in the Club Continental for two days. When the family arrived home, the house had no roof. Black workmen installed a temporary roof before nightfall, a neighbor prepared food, and the Red Cross provided dry bedding. In the 1950s, segregation was hard on the community who feared being kidnapped or murdered by the Ku Klux Klan. Some families were so frightened that they relocated. The house was used as a gathering place and shelter during this time of crisis. Nine people have been born in the house, all of whom grew up to be successful individuals. Juanita Suttle Meeks passed on November 1, 1991. She was survived by her sons Harry, Herman, and Gregory, and her daughters Sylvia, Martha, Ellinor, and Montine21. zi Palm Beach Post "Juanita Suttle Meeks", November 6, 1991, p.117 (Newspapers.com). 22 413 NE 12th Ave. — Local Historic Designation 628 Based on the above, 413 NE 12th Avenue is eligible for historic designation under criterion "b" "association with the lives of persons significant in the City's past" as the Meeks family have lived and owned property in Boynton since 1896, have contributed to the development of the City, and have continually worked for and contributed to the betterment of the community. 23 413 NE 12th Ave. — Local Historic Designation 629 Bibliography Publications City of Boynton Beach Land Development Regulations. Farace, V.K. et. al. Boynton Beach, The First 100 Years. Boynton Beach: Boynton Beach Historical Society & Friends of the Boynton Beach City Library, 1995. Historic District Design Guidelines, City of Boynton Beach, 2013. Pedersen, G.L. and DeVries, J.M. Pioneering Palm Beach, the Deweys and the South Florida Frontier. Charleston, SC: The History Press, 2012. Polk's Lake Worth and Boynton Beach (Palm Beach County, FIa) City Directory. R.L. Polk & Co., Publishers, Richmond, VA, 1958-1967. Polk's Lake Worth Boynton Beach and Lantana (Palm Beach County FIa) City Directory. R.L. Polk & Co. Publishers, Richmond, VA, 1968-1975. Documents Ordinance No. 37, Town of Boynton. City of Boynton Beach Public Records, 1924. htr s: Vfb.bbfV.u�s ebLir�k DacViewoa.s?ud:::::1.3�.26&dbid:::::0 Ordinance No. 47, Town of Boynton. City of Boynton Beach Public Records, 1924. h.r:.12 _/iVfLr .I V.ps/ Ib irok D cVievvoa.:s.1 x u :::1 i "» Ordinance No. 136, Town of Boynton. City of Boynton Beach Public Records, 1933. htt s: I. L. ...bfll,uas e.... rrlk If.12!cYiew.as �c?iid:::::1.2366&dbid:::::0&re a=Circ Clleirlc 12......../..x...... P.............................................../.................................................................................................12................................................................................................................ P.........................Y........................ Newspapers Palm Beach Post, "Boynton", June 3, 1925, p.19 (Newspapers.com). Palm Beach Post, "Building Permits", June 8, 1939, p.2 (News papers.com). Palm Beach Post, "Negroes Present 3 -Point Program", May 22, 1951, p.7 (Newspapers.com). Palm Beach Post "Juanita Suttle Meeks", November 6, 1991, p.117 (Newspapers.com). Maps and Plats Happy Home Heights Addition Plat, February 25, 1925. Websites City of Boynton Beach website, page consulted on various dates. VjA 413 NE 12th Ave. — Local Historic Designation 630 h.!,.!,.RsjLwww.boyn beach.org/ City of Boynton Beach Black History Website, page consulted October 1, 2022. !,.Rl hu.stoiruc.boynton-beaclh.ordbVack-history Boynton Beach Historical Society Website "Boynton Beach's Poinciana School History'. Page consulted October 9, 2022. b?.P.°�./...Ibcayil�aail.l2iistc�iryc!.rg���.��gc2iry�lbla.�lk:::lhii.s.to.�.Y Google Street View, page consulted on various dates. htt��y s: www.¢g�ae�gyle.coim a sp/ Mace(/41..3+NE+I.2tlh+Ave +IE10 neon+Beaclh +FI... x33435®gpPxp26.53'7734 .............. U:`......... P... R.............................. d.T.............&.k...............................I.................. U:.:..... k... U.:.................... k......................................................................................... R.................... X.......................................................... R................................................... 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Newspapers.com, page consulted on various dates. Palm Beach County Property Appraiser, page consulted on various dates. D�.�t�as://www. be ,ca�r.o�Er�lpa asps/�'.U�.�a_�_U:tyC7etauV/PUo�aert�Detauloasp.�?�au�ceV:::::Q�$434521200�D1�D17�D� s_E! type=MASTER&sirchVaV 413/20ne12�D1.2.th��20ave USGS httios.//ngmdb.u.sEs.L,ov/ht-bon/tv browse. Dl?id:::::cS35ac52ff0f000926d1.32cac4c'd31..33 Communications Dr. Martha Meeks -Light written communication, August 7, 2022. Victor D. Norfus (son of Dr. Martha Meeks -Light) oral communication, various dates. 25 413 NE 12th Ave. — Local Historic Designation 631 Attachment A Ordinance No. 37, 1924 An onlinmuo 01, the Zown -of Florida, estab,Islh�ing arid getting apart in nald I.."Irmn qr,�,,pn.rs,te reaidential 11 mi -to or ditatricts Cor wo'l"iite and Dfglo re2idents; des igrm tng,eAtabliijkL- ing, and sett llsglSPart torritorial. limits 0r, datriat Of said Tmrn wltblTi which wlct,tb perf3CZIS 2111'ay reside and amparrAte terrltoriKl lirflits or (Ustricts in sicild, Tcim within which ne,griz)ea may reside-, pro)-Ubltin.f,,t 5ny 1,whlte perrta-)n fron tRking up or eatabllal-.ing ri plaoe of renidance, vithin t;be t0lrrlitorial ljrj�j,ta:!5 of' said Tcnirj so Rot apnrt fmd established for the re- siderice r.1 negrQe,,,;,- prohibiting any nep,rc,,� Pernon frollltaking uor o%tat.pllshing a plixoe of r-e2idenpce wltliin the torritorial I.imits or said Tcp%m sc) gat apart and e ntablish,od I'ixr the re- zldwice, of white dt'nfining t orrts and of jjeaj.dence", avd p , roviding penolties for violations ,r,)f this Ord,inan,O- BE IT QiDAINIED BY TIIE "AXIt" CONVI811"i ON YU)RIVA: L. I,hat said Town +,00s herebF estnblishani &8,t apart tinq, larid within tho followine� described 1171tin the "2own of 9oynton to ber borOaft(-%, IfIlowil as "T -he N09r,0 las,tr1r.t, r F -3 xlt),uin the Twn oof 3oynto ,, loridr,", to-wit- cmnmlmelng at the Intersor, t ion of thc,, ''seat lire of the fti(,!ht-0J'-I-V4y 0f the FloridR L,,ast ��,Oaot Railway Cmnpany and the N'brta line: of Arden Park kddLtion to the 7own of BOYL'toh, Florida; thenco ',"Pat along wid Nurth, line of Arden Far"k Addition aWi X0.110WIng sa,�Jd line o-�xtend&d to the r;entej� line af o=ty Road or Green Street axtended N,ortb; tbenta 0. 413 NE 12th Ave. - Local Historic Designation 632 Vorth along said center Fine of, Co7anty Road and followlt),s said center line extended North to the South bank of the 30ynton,o,anal; thence following the South b,pxk Of the a3oyntOn cAhil In an Haoterly dirOctlOr" to the -Not line of the Kicht-of-ww of the Florida Eaat Qoast J�,&Jjway Lorapany.,, thence 1`6110ming said Nast line of the Florida East coast, Aelluly company's RIgbt—of-Way In a 5outharly. directiOn, to the point of boBinnIng. 2, That said Town Wo! here,by eatalc. lish and set apart all the romaining land or P&Poels of land within the TOWM Of BoyntOn, MAW, M0 0 SOPOV" r6s"B"' ""t or"stri nt to be her eartor ,?.rown as 117111ito ?Vhite District within the Town or Boyntom, h1orldn". 3. That It shall be unlawful Cor anwhite PO VO hereafter to establish or tal;�e up his or her pla Of re- sidence w1thin t1jo territorial jimils of awid 770".111% So set apart and establlshecl I or the jeq1v,,1once of negroes. 4. Thst It hhull be unWwfql for any negrO hcreafter' to establish or take up his or UqV pl&oe of residence wltbln the territorial limits of sajo, Toqn so aet apart. and, es- tabli5hod for the mAderuce deaf' wtdo persons. E , jr a_ry white per s*n who shall be convicted 01", a violation of this Ordinance shall be subjuct to a fine of pot move than Five Hiandrod (0150,0.001 dollars, or im- pviscajyrA-,rit for not MOPO than 810y (60) days , or both such fine and InTrIaonment, in tho discretion 01' the cou"t. 6. That an,?r rje&vo Prl,,Loahoill be Lwnvicted of a of this urdinance Shall be subMt to a We Of UOL more thmn 27 413 NE 12th Ave. - Local Historic Designation 633 Five Hundred hollarn, or inpr1sonment for not rwre than, Sixty (601 days, or both such fine and impriacnment In the woretiom or the court, 7. That wln.enover in this 0mlinance tlie tejin or Oplace of re,sidence" in used It sha.11 mean "a, plaze above one dwells or resides permanently", or, '11wiEere one re� idasll or the "home" of such person; and Oils may const it of one or mory rooms In a building, or It mabe an entire bull,dir,g, or more tTV13) OT'JO me above Ordinaoce Un, 57 bavlrtf.-4, been, r*end in full at a meetin or the Town (,,ornmisaion of the Tc�,vn of i3qratbt, Morlds, held an the Sth day—of February, A. D. 1924, was adopted and passed at a regular troeting of the aaid To= Counluslan hold on the 19th day of February A. D. and a copy thereof posted at the frc,"nt door of tae "Vown hall at Baymtonp Florida an the Nth day of Pebruarly A. D�. C. F. Knuth (8i,.gned) J. Powell (Sir of the To;m Of Boynton, k1orlda. MCI 413 NE 12th Ave. — Local Historic Designation 634 Attachment B Ordinance No. 47, 1924 47 AE ORMUNCE 011" 7i;E To"11 01 1,1',ORIDA, SECTION I OF 0 RID IN Al;,CR NO. 31, AND XTEI'Dl]�G M.M2TJIEDrTRIObTE.i!, SEPAI&TE ISID11TAL7,TbT,5 OR SCTS 1-1DR 1,`Eor"RO SAII) TO''M. BE IT ORDATUI.-M t�',V the TOWD COmnia;,gion Of the TV -Nn Of 13',)711torl�, b, I or i dq - 1, That Section I of Ugdjrixam!t) o10, 57 bo, anci, Ujo 4,ame is hey,-e'by anended to jkem,-W a,s fcjllow s; That said Tomn does '.aerebe9tablish and set apart tho Durid within the following described limits within tne Tromn of pJ,0,ynt��m, ilorida, to bu,, hereinrifter 1k.ripwrn as "The Keffro F.,'Pistrict. witbtn, the, 7o -m of Florirla", to anit: at the Intersection, of the ,'est line of the ri,ght-of-emay o' the elorlOa Eao,,0as"t zilallra',3 a Wompony and the Uorth line of -rden kiddition to t1n,e Town c)f' bQ7ntcm-e, r,''Lc>pjdrj; U,enoe 77ogt along, ; J d, lorbi line of' Arden Pavk A(iditlon,, find following said Un e a�,.xtending, 4ewt to the cwMer line of Um Mmnty Road or Groon Stre0t, if' cjxtrnulcx� 1,.'orth along anid center line of LhK,,� k,cMunty -rm.d or, Groan ;,treet, If extemded 1,ortj , M fullowIng, said center- line to the middle section line dividing the 10opth and bouth halvvn of Section 21, Towuablp"5 SwAth, o�uige, 431 East; tlem;e ic-,it along half section line 10"Ge !Mat line of the, Eawt half of Section 21, therce 1,ort,n, rjLorjL� said. 3ectlonf line to toe MAh omwc of ".he cnrwl; thence rol,louarq? t? --e sOUth batin.!,o.ff° said Acyntm; Canul In im 1i:asterl,T dii-ection Lc He Mat 11tio ot t'ne riW;bf,-of-way 0 413 NE 12th Ave. - Local Historic Designation 635 of the flovida $not opst Agilroad omp=y; thence fanow- 1m; said eot line of the slorlds Egst 4alat Xailpqmd COMMY'S right -Of -why In a Motherly direction to the, P-0int, (.-.Mf beg "in.n in Who 010=0 Ordimance havingbeen read in fall at a meeting or the "[14"nrn (�Qmwln Sion at the Town of Kyntop, Florldno hold on the 5OLb day of October, -. D. 1904, was aeJ.t')pte,)r2j �.,ind passed at a regular meeting of amid loon Coram Ission held an the 18tb day of Novenber, A.D. 1@24, and a copy thereof posted at the front door, cC the Town hall at Boynton, flovida C. F4 Knuth,layor (Signed) Harry Qnsrare ,Vice tyor (Agned) MEC 413 NE 12th Ave. - Local Historic Designation 636 Attachment C Ordinance No. 136, 1933 oRDINANZE UO* 1-36 AN ORDINAV03 OF TI-IZE TOTM OF BOYNION, PALM B01i COUTrTy. PLO R -IDA, TO REO- UT,AITE THE 7,TZE, 0P,THE P7811C STREETS, PARIM,, PUBLIC AND OTH4,R PLACES IN THE T0VM OP BO TO SY PERSON 5 OVER l AGE 07 E113HT4o= 'YEARS AND TO PROV�DE FOR TMt PROSHklh, FOR VIOLATION OF TWIS ORDINAMOR AND 71POR TIM IMPOSITION 0'? PENA1`1,M FOR SUCH VIOUTION.S. '39 �ITORDAIMU � BY THE TOWN COMMISS101; V rilEfE T00' l BOYNTONS, PAIX UACH COUPTY, FLORIDA, 1. Ttat in order to 'promote thepvbU10 peace, ,wI e :f&r,,e0 harMol FLJ, good Order of tlhe Tamen oil Boynton, irl. Palm Bomeh County, Florida tke TownGo=,i89,ion Of SAW Town0. ono It neoessary. to regulate the u5e of the publiu stre0tS, pa,r'cs, public and of erg plaaea In the Town of" go,),rntoby, pex,00ns over, the age of ei�htOen years 2., It shall be -unlawful, for an7 porison of the r,'Rucanian Falco over the age of eighteo-,n, 7ease to 101ter l, watider, stroll.. Or 'be about or in the, publle otreets par ka� p,ublio aortal other placlas, on, foot, In a vel-Aol* or, -any kind w1mtoloover, Or In arjq other w&y Vithin tWAt territory . in. th,(a Town of Bogt=, Florida, ostablisl*d and set. apart and knol as The Negro Dletlrict wit4ta tkjo Town of Boyntol Florlda,"t More pAx,ticujA.r'jy described, MR rollol Car C menaing tit the intorolectlon, of thl,-' 013t Line of the tight-of-Wa7 of the Florida Last C098t R&U-WaY 00l and the Iforth Dine of Arden Park &d.d1tion to t1ge Towil of Boynton, FloridA,j thence vest along said North Tine of Arden Park 4,141t:Lcyn. And, followiag smjid line extended 'Nest to the Oentor Line or Coont7 Road or Green 2,trd,ot Rmtendeal North-, tbenoo North along Saud Center Une Of County Road, or, Green 3tre ot and, f'ollowing' fll&id Center T-Ine extended North to, the Soutb PAAU of Tl,.io Bo7nton Canal; thence 'olio wtngr the 5outh Dqnk o? tlie Boynton ^Oamxl in, an, EantbI7 �r41rootion to tj,-10 Woa,t Liale oil the Rig ' ' ��ht-of`-vay of Floril,da Sast 0,ol Rallwa7 0ormpany; thenGe ,folLowing said, 'West Line of t'bo Florida Bust CORst RalITR7 Comp%xgyfs RiglPht—OP-Way in a southerly d1raction to, t1 -W point of boginning;- gfto, the hour or, gloo oiciock Pat, of azxy ala l a,urtng the months of, October„ November$ December,, January, Fabrilary, Mq.,rcj-jp Aj,,irj , I and, Maya Or af te 37 t hO 17.0ur Of 1000 o1clock wtG a on any day aivinthe months of 31 413 NE 12th Ave. - Local Historic Designation 637 June,, uu lF * Augtis,t aro. pte-mbo r ,, ir; ani. your: 11,niegs oalloa there to muter ra.eaiioal 03, surz,1091.1 aEa®ia.taaa.oe to parsons, realding In the Said lfegre Dintriot, or in came of my omer envy or oal,a' tty in the no-iti ' e, ro Ski e tri�ot, which emergency may "bo doolared. by the oo.natituted governing authority of the Town of Boynton, the '00ilnty of Palm I 8,011, the state of Florida, or t;h 1a iteai states of," kataerioa; provided, e e,t] t tbia o' dlzarioe shall not apply to lae mombexa of t o P0,1104 or Fire eg rtent of tiaa of Boynton# v1lon said, 'me broer,o In zv.it of their duties. , it shall e unlawful for any person of the gagro R&0e o+er tlae age of edglhtoon years to lollar, e trol,11 or be mbuut or In tl' ,Mblio streots, parks, publi,o arAl otfwr places, On foot,, in a, vo'M—Gle of aa7 ki Nl vI)Ataoever, o,r in ai!q of or wsq, Within, that torritv'ry In the Town o ,s mono j'%or`i ,ax estatu:l.ialo4 and sat apart and lalo as *'1bo White Diatriot Tait .n the q°tawo, of Boynton Foal, a"'v,, hAei'u d1striot shall oo rl,,rye all or ttuo eid or par-coli of la.rld witlai,ur rah Towyn of Boynton, Florida With the ecce tioru of *Tha Negro Dtstr,jot wi.t lur the Tumli of Boynton, Floridga"' oro artioua'1arl cinaari'teeai in Section 2 of this Or, noe,, after the 'luoaur of 90 ololoek P.M. of any play duuring.tho morut'he of Ootoberj, N-overmber, Dooember, �auo uar+ Februau.r„ , MArchr April, and or after do tour° o 101 O'Clock P.M. on ami L7 afuarIn ttho menthn of juu xe,, julyp August and September, it any' lr1twar, unless, Cal,lad there by tls.e• oofu,ati,tute ove'rnI,n, auther ty of ttwo Town of Boynton, the 0ountT of PAIM Zaaoh, the etato of Florida,,, or the United States, of America. i# An,7 poreon violating amy of tl ,p o�'ieio�ne oP thin Ordinance skal be fined, not More than $0, E.00 fior, each offenae, or be irt'pr°inoned in tho Town Jail for the Jurcit&e .of tl!°,t,e ;;bcarpl'e Court Of time 1',otiwrn of Boyn'ton, Florida. 50 All ordinrtnoee or �parts of Cridiru xt,ar00 'l'uu.- consistent with the, provizionet of this be Panni the as t.a are ).itrab7, repealed. 6. Thin Ord:inaaurteo- shnl'l take ef'fe�:t Doter ber :l, INN% The above Ordjnanoep Having,'been rad it f"t,al,,l at a rMe11�uulf.r matin of tl,�ta 'la6aarµ of own ul lmsionmra on Hovember 7th, was duly pazuea and adopted on it Ms second and final riaa,!Ing, at a Regular Qa't'f. 1 of the Board of Town fommlt�s'10 r°a La id tuau. 11overmber Mayor Vice it ,;;ror ,.,�,.......,.�.�.,.�. ,.� .,.m,.�..�.....,r,.,.,� Touuru Clor 32 413 NE 12th Ave. - Local Historic Designation 638 Attachment D Happy Home Heights Plat, February 25, 1925 33 413 NE 12th Ave. — Local Historic Designation 639 r I t Y O �.L.4"':cr1 .3, .. l l.. � � j y� I w � II r mm I I .wj . w r II r� e ; � x �] � • �" pp � 1 i �u 33 413 NE 12th Ave. — Local Historic Designation 639 A. PROPERTY INFORMATION: 1. Property Name/Proposed Name: Reason for selecting this name: �u.M:...M: ...., ...__..._ _ 2. Property Address:... ..................�...,.�.�.._..__- �.....M..........._............M...M.M.M.M........................�..�.......................mw..._..�..........�._�.. 3. Parcel Control Number (PCN)*: -aL WMBmLK . CTY RNG TWP SEC SUB LOT List all PCN's on an attached addendum for applications comprised of multiple lots. 4. Legal Description*: —.— M.M.M.M.M....._......w...w...w............w_ µ:..wa..u_...._..._..._ ......... _— —_......._.... " Provide on attached addendum if more space is needed. _ 5. Existing Land Use Classification from Future Land Use Map): 6. Existing Zoning District (from Official Zoning Map): 7. Is the property located in the Community Redevelopment Agency area? Yes No ❑ 8. If yes to Question #7 above, what is the name of the applicable redevelopment plan? ..................__.....w.......... 11. Current Designation: Is the site or structure individually listed on the National Register? Yes ❑ No 111-100, Is the site or structure located in a Local or National Historic District? Yes ❑ No C9" If the site or structure is in a district, is it a contributing site or structure? Yes ❑ No ❑ 2 641 II. ARCHITECTURE & CONSTRUCTION DETAILS A. ARCHITECTURAL INFORMATION (if unsure leave blank and staff will assist) 1. Original Use of Property: Current Use of Property' _ ... .......... ....... ....�.......� 2. Architectural Style: 3. Architect (if known): _:::m_..`w�wva__w.w.......u..w.w..w........wHw..u_v_.v_.._._...._._.._ Source: 4. Builder (if known): Source: 5. Construction Dates: 6. Has the structure been altered e.g. ��new windows, change eµYof roof covering etc.' YµµµYesM~ NowwEl � g g JetaIIS InCIUae aeSCfl t1onS, nates, ana sources Continue On a Se Grate Sneer It µ� 7. Have any additions been made to the property e.g. extra rooms, extensions? Yes ❑ No EY" uetalls Uncluae aescnpuons, sates, ano sources, continue an a separate sneer It requlrea 3 642 8. Has the structure been moved? Yes 0 No EY Details (Include descriptions, dates, and sources, continue on a separate sheet if required) B. MATERIALS 1. Foundation: 2. Structural System: 3. Exterior Walls: 4. Roof Types& C 5. Chimney Number & Materials: 211 6. Windows Type& Materials: 7. Other Materials e.g. Facings, Veneers, Decorative Elements: B C. CURRENT CONDITION OF SITE & STRUCTURES Excellent 0 Good Q/ Fair 0 Poor 0 List details of required repairs if known 5, a D. OTHER SIGNIFICANT FEATURES List details of any other significant features not included above e.g. exterior building features and ornamentation, interior features, landscape features, etc. 4 643 ill. HISTORICAL INFORMATION A. SIGNIFICANT EVENTS Describe any historically significant events associated with the site or structure. 7 s 44 ee'. B. SIGNIFICANT PERSON tZl iN e - Provide details of any historically significant persons associated with the site or structure.,.If known, also include details of the original owners. ---- — - ------ - ------- r-7 , > 5yw C. ANECDOTES AND/OR STORIES Provide a summary of any anecdotes and/or stories associated with the site or structure. '71 D. ARCHAEOLOGY Describe any known archaeology associated with the site. 5 644 Io SIGNIFICANCE A site or structure must have significance in American history, architecture, archeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, and association. Usually, a structure must also be at least 50 years old. In addition to having integrity, the site or structure must also meet at least one of the following criteria. Check all criteria that I to the site or structure. [9"" Is associated with events that have made a significant contribution to the broad patterns of the City's history. C" Is associated with the lives of persons significant in the City's past. I"., Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction. 0 Has yielded, or may be likely to yield, information important in prehistory or history, ® Is listed in the National Register of Historic Places. Ordinarily cemeteries, birthplaces, graves of historical figure, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the Boynton Beach Register of Historic Places, However, such properties will qualify if they area integral parts of districts that do meet the criteria or if they fall within the following categories - a. A religious property deriving primary significance from architectural or artistic distinction or historical importance; or b. A building or structure removed from its original location but which is primarily significant for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or c. A birthplace or grove of a historical figure of outstanding importance if there is no appropriate site or building associated with his or her productive life; or d. A cemetery that derives its primary importance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or e. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or f. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or . A property achieving significance within the past 50 years if It is of exceptional importance. 6 645 B. AREA OF SIGNIFICANCE Whereas the Criteria for Significance listed above identify the site or structure's association with history, the Area of Significance identifies sub -areas within the history field to which the property relates. At least one area of significance from the following list must be identified for a site or structure to be eligible. Check the Areas of Significance that apply. ❑ Agriculture Architecture ❑ Archaeology ❑ Art ❑ Commerce ❑ Communications ❑ Engineering ❑ Entertainment/Recreation ❑ Ethnic Heritage ❑ Exploration/Settlement ❑ Health/Medicine ❑ Industry ❑ Community Planning & Dev. ❑ Invention ❑ Conservation ❑ Landscape Architecture ❑ Economics ❑ Law ❑ Education ❑ Literature Other (explain): C. PERIOD OF SIGNIFICANCE ❑ Maritime History ❑ Military ❑ Performing Arts ❑ Philosophy ❑ Politics/Government ❑ Religion ❑ Science ❑ Social History ❑ Transportation The Period of Significance is defined in National Register Bulletin 16A as: "the length of time when a property was associated with important events, activities, or persons, or attained the characteristics which qualify it for National Register listing. Period of significance usually begins with the date when significant activities or events began giving the property its historic significance; this is often a date of construction. For prehistoric properties, the period of significance is the broad span of time about which the site or district is likely to provide information; it is often the period associated with a particular cultural group." For the site of an important event, such as a pivotal five-month labor strike, the period of significance is the time when the event occurred. For properties associated with historic trends, such as commercial development, the period of significance is the span of time when the property actively contributed to the trend. For a property associated with a significant person, the period of significance is usually the length of time the property was associated with the important person. For architecturally significant properties, the period of significance is the date of construction and/or the dates of any significant alterations and additions. The period of significance for an archeological site is the estimated time when it was occupied or used for reasons related to its importance, for example, 3000-2500 B.C. Identify and explain the periods of significance associated with the site or structure: fry M.,......�. M..�.,K.....ri,.M "'flPm" :.�uww .y„ �M ��.'� 4 .�w.�� ,.^�. �,�^�` � ���, tlpyn,m .�� ������. � m•, ,u 646 D. STATEMENT OF SIGNIFICANCE Based on the above, explain the site or structure's integrity and significance. Include any biographical data on significant persons, architects, builders if known. Continue on a separate sheet if necessary. (Provide typed attachment if preferred). W., A Am =2 a�? V. BIBLIOGRAPHY All sources cited in this application must be included in the bibliography. Continue on a separate sheet if necessary. (Provide typed attachment if preferred). 1`7 /- 41: c --s-6" M M 647 VI. APPLICANT AND PROPERTY OWNER INFORMATION A. APPLICANT: 1. Name: 2. Address: City: State: Zip Code: ....... . . . . .... . .... Phone:Email: (o 3. Interest in Property (check one)*: Owner Agent 0, Contract Purchaser 0, * Include a copy of the last recorded Warranty Deed with all applications. a. Include written consent of all property owners of record if subject property is under joint or multiple ownership. b. If an authorized agent, include a copy of the Agent Agreement or written consent by the seller(s) and owner(s). B. PROPERTY OWNER INFORMATION: 1. Name of Property Owner (Trustee): ...... 2. Owner Address: h—� City: State: Zip Code:,,�,- C. AGENT INFORMATION*: 1. Name: '---'... --, ''--"-'—— * All corresTcnence will 6e"mailed to the agent of record Fn all corre--spn`de''Csnce will be mailed to the applicant. This party will receive agendas, letters, and other material. Company Name: 2. Address: City: . ................ ......... .......... . ..... State: Phone: Email: D. AUTHORIZATION OF AGENT: Signature of authorized agent. Signature of Owner(s) or Trustee, of authorized principal if property is owned by a corporation or other business entity. OR Signature of contract purchaser (if applicant). 9 Zip Code: Date Date Date 648 E. CERTIFICATION: (1) (We) understand that this application and all papers and plans submitted herewith become part of the permanent records of the Planning and Zoning Division. (1) (We) hereby certify that the above statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. Signature of Owner(s) or Trustee, of Date authorized principal if property is owned by a corporation or other business entity. .W Signature of contract purchaser (if applicant). Date A representative must be present at all Historic Resources Preservation Board (HRPB) meetings and City Commission meetings held to review this application. VII. PUBLIC NOTICING REQUIREMENTS: The public noticing requirements contained herein shall be applicable to all historic site designation applications. Pursuant to City of Boynton Beach Ordinance 12-016, no quasi-judicial proceeding shall proceed until proof of notice of the proceeding, in affidavit form, has been filed with the Office of the City Clerk and copied to Planning & Zoning. Proof of notice must include the name and address of each property owner to whom notice was mailed and a photograph of each sign posted, as hereinafter required. The following notices must be paid for and provided by the applicant: A. MAILING: The applicant shall mail a notice of the time, place and subject matter of the public hearing to all individuals and associations owning or having control over abutting or adjacent property as determined by the Historic Preservation Planner. Property owner details may be obtained from the Palm Beach County Property Appraiser website or by contacting one of the offices listed below. A copy of the notice and a list of the property owners contacted shall be mailed to the Planning and Zoning Division, City of Boynton Beach. All notices shall be mailed by first class mail and postmarked no less than 10 calendar days before the public hearing. Palm Beach County Property Appraiser Office Attention: Mapping Division Downtown Service Center 301 Forth Olive Avenue West Palm Beach, FL 33401 Phone: (561) 355-2366 South County Office 14925 Cumberland Drive Delray Beach, PL 33446 Phone: (561) 276-1250 LgE://www,pbcqov.com/r�arsa/ 10 649 01.1 Publications City of Boynton Beach.Land Development Regulations. WE Society & Friends of i Beach City Library, 1995. Historic District Design Guidelines, City of Boynton Beach, 2013. Pedersen,and Dev'ries, J.M. 'Pioneering Palm Beach, the Deweys and the South Florida Frontier. Charleston, SC: The History Press, 2012. Polk's Lake Worth and Boynton Beach (Palm Beach Count)4 Fla) City Directory. R.L. Polk & Co., Publishers, Richmond, VA, 1958-1967. Polk's Lake Worth Bo�,-inton Beach and Lantana VPolm Beach CountN Elo�j t�i oZ N DirectsyydWWz- & Co. Publishers, Richmond, VA, 1968-1975. bid=O frdinance No. 47, Town of Boynton. City of Boynton Beach Public Records 1924� httDs://Ifriub.i)bfl.us/WebL!nk/DocView.aspX?id=13116&dbid=O Airdinance No. 136 Town of Bo nton. Cit of Bointon Beach Public Records. 1933. Newspapers Palm Beach Post, "Boynton", June 3, 1925, p.19 (Newspapers.com). Palm Beach Post, "Building Permits", June 8, 1939, p.2 (Newspapers.com). Palm Beach Post, "Negroes Present 3 -Point ProgramMay 22, 1951, p.7 (Newspapers.co Palm Beach Post "Juanita Suttle Meeks", November 6,1991, p.117 (Newspapers.com). I Websites City of Boynton Beach website, page consulted on various dates. 24 413 NE 1201 Ave. — Local Historic Designation 650 htt s,: www.bo nton-beach.o„ City of Boynton Beach Black History Website, page consulted October 1, 2022. htt histgrl. boynton-beach.o black-histoa Boynton Beach Historical Society Website "Boynton Beach's Poinciana School History". Page consulted October 9, 2022. http://www.boyntonhistory.org/category/black-history/ Google Street View, page consulted on various dates. htt www. oo I 11,011,1111 :!Is lace 41 +NE+12th+Ave + non+Beach +FL+3343 X26.5 7734 - 8 . 87857 3a 75 335.84h 88.19t data=lam 11e1 m4llsiBTV oNA R Nx 40Ze4wl2e017i16384! ', 819214m5l3m4lisOx88d8df fl6468ef: x6d7268c4cdadb3acl8m2l3d26.537 79l4d-80.0588731 Newspapers.com, page consulted on various dates. htt s: www.n ws a ers.c m Palm Beach County Property Appraiser, page consulted on various dates. htt s: www. be ov.or a a As s Pro ert Detai! Pro �t Detail.as _x? arcel=08434 21200010170&, sr ht e=MASTER rchVal=413 20ne%2012th 20ave, USGS htt s: n mdb.us s. ov h -bin tv browse. I?id= 35ac52ff0f000926d18204c78188 ommunication-„s Dr. Martha Meeks -Light written communication, August 7, 2022. Victor D. Norfus (son of Dr. Martha Meeks -Light) oral communication, various dates. 25 413 NE 121' Ave. — Local Historic Designation 651 N LO CD M LO CD Iq LO co N N L � L �a cn i 0 a--+ LL / E Q Z L T L a--� LO O C M LO 0 (6 L M o m� 0 +r U 0 Q L m W Z V Iq LO co LO co E co W U •� � � Q a o C7) ' O CO (o U � � O Q C W J N (n .. Q 1 Z� LO co 0- U) C m >O N El El to LO co 0 � L Q N � N N � p (0 CL J 0- U) C m >O N El El to LO co ti LO co FLM Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 06/6/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/ 6/2023 Proposed Ordinance No. 23-011- First Reading- Amendments to the Land Development Regulations for car washes and indoor training facilities. Requested Action by Commission: Approval to amend the Land Development Regulations, Chapter 1, Article 11. Definitions; Chapter 3, Article IV, Section 3. Use Regulations; and Chapter 4, Article V. Minimum Off -Street Parking Requirements, to modify definitions, use regulations, and parking requirements for car wash uses and to establish indoor athletic instruction/training uses as an accessory use within the REC zoning district (CDRV 23-004). Explanation of Request: The proposed amendments adjust the definition, use regulations, and parking requirements for car wash uses, including waxing, polishing, detailing and self - serve bay. The proposed amendments also establish indoor athletic instruction/training uses as an accessory use within the REC zoning district. Lastly, the proposed amendments clarify language referencing use footnotes. These modifications are in response to changes in the industry and seeks to clarify otherwise ambiguous language. How will this affect city programs or services? N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Ordinance approving LDR Amendment (Ch 1, Ch 3 and Ch 4) (Indoor Training facility and Carwashes) Staff Report.pdf Amendments.pdf CDRV 23 -004_ -_Staff Presentation_CC_Hearing (1).pdf 658 I 2 ORDINANCE NO. 23-011 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING 6 THE LAND DEVELOPMENT REGULATIONS CHAPTER 1, ARTICLE II. 7 DEFINITIONS; CHAPTER 3, ARTICLE IV, SECTION 3. USE REGULATIONS; AND 8 CHAPTER 4, ARTICLE V, MINIMUM OFF-STREET PARKING REQUIREMENTS; 9 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the proposed amendments adjust the definition, use regulations, and parking 14 requirements for car wash uses, including waxing, polishing, detailing and self -serve bays; and 15 WHEREAS, the proposed amendments also establish indoor athletic instruction/training 16 uses as an accessory use within the REC zoning district; and 17 WHEREAS, the proposed amendments clarify language referencing use footnotes; and 18 WHEREAS, these modifications are in response to changes in the industry and to seek to 19 clarify otherwise ambiguous language; and 20 WHEREAS, the City Commission of the City of Boynton Beach has considered the 21 recommendations and has determined that it is in the best interest of the citizens and residents of 22 the City of Boynton Beach, Florida to approve the amendments to the Land Development 23 Regulations as contained herein. 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 25 BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 27 confirmed by the City Commission. 28 Section 2. City of Boynton Beach Land Development Regulations, Chapter 1. General 29 Administration, Article II. Definitions are hereby amended as follows: 30 CHAPTER 1. GENERAL ADMINISTRATION 31 32 ARTICLE II. DEFINITIONS S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Cli 4) (Indoor Training Facility And Carwashes) - Ordinance.Docx 659 33 ... 34 AUTO/CAR WASH (POLISHING, WAXING, DETAILING) - Establishments providing for 35 the eleanmF@- of private automobiles, recreational 36 vehicles (personal watercraft), or other light duty equipment through manual detailing and/or 37 mechanical resources. These establishments may utilize conveyor belt equipment or similar 38 to transport vehicles through wash tunnels. 39 Busoness aGtivity is to be GendUGted indaeFs, but the establishment Fnay have an eutdeaF 40 GOMpenent f appFeved through the site plan E)F site plan medifiGatien PFOGess. �1 AUTO/CAR WASH (SELF -SERVE BAY) - An establishment where customers wash, dry, �2 polish, or vacuum their own vehicles or marine vessels using on-site eguipment and �3 suppli S.1alashi—, dFymRg, pelishiRg, eF vaGuUMORg of a passeRgeF autemebile or mariRe 44 vessel is performed by the dFiver er the eeGupaRt. This use is not intended to serve a �5 commercial or industrial fleet. �6 ... �7 48 Section 3. City of Boynton Beach Land Development Regulations, Chapter 3. Zoning, 49 Article IV. Use Regulations is hereby amended as follows 50 CHAPTER 3. ZONING 51 52 ARTICLE IV. USE REGULATIONS 53 54 Sec. 3. Use Regulations. 55 ... 56 C. Use Matrix Legend. Uses regulated herein are classified in one (1) or more of the 57 following categories: 58 1. "P" - Permitted Uses. A permitted use is allowed by right within a zoning district 59 provided that all development regulations are met. A permitted use must be conducted on a 60 site in order to have accessory or ancillary uses on that site. Uses identified with a "P" on 61 the use matrix are permitted by right in the district, subject to compliance with 1) the 62 the "NJA-te" r--.A-IUFRR accompanying use footnote(s) 63 number(s), which directly corresponds with Section 3.E. below; and 2) any other applicable 64 requirements prescribed by these Land Development Regulations. 65 2. "C" - Conditional Uses. A use that because of special requirements or 66 characteristics may be allowed in a particular zoning district but only with conditions as 67 necessary to make the use compatible with other uses permitted in the same zone or 68 vicinity. Uses identified with a "C" on the use matrix are allowed in the zoning district, 69 subject to compliance with the following: 1) additiORal standards indmeated in the "Nete" 70 GeIUFARaccompanvinq use footnote(s) number(s), which directly corresponds with Section 71 3.E. below; 2) standards for evaluating conditional uses in accordance with Section 4 below; 72 and 3) any other applicable requirements prescribed by these Land Development 73 Regulations. 74 3. "A" - Accessory Uses. A use that is customarily incidental to the principal 75 use. Uses identified with an "A" on the use matrix are permitted as an accessory use to a 76 permitted principal use in the district, subject to compliance with the following: 1) S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Cli 4) (Indoor Training Facility And Carwashes) - Ordinance.Docx 660 77 accompanying use footnote(s) number(s addifilainal standards indiGated in the "NOte" 78 E)elumn, which directly corresponds with Section 3.E. below; and 2) any other applicable 79 requirements prescribed by these Land Development Regulations. The nature of the 80 principal use will determine the use review authority required to review and approve the 81 accessory use. Accessory uses, unless otherwise provided, shall be located on the same 82 premises as the principal use. 83 4. Vacant Box. A vacant box that contains no symbol signifies that the use category is 84 not allowed within the corresponding zoning district. 85 86 87 88 09 90 y| 1. Use Matrix (Table 3-28) See Exhibit "A" attached hereto and incorporated herein by reference. 92 60. Auto/Car Washes (PelishiRg, WaxiRg, DetailiRg). 93 a. Auto/Car Wash (Polishing, Waxing, Detailing 94 (1) General. All washing activities must occur within a fully- or semi -enclosed buildim 95 All other business activities, except area for a customer to Polish or vacuum their own 96 vehicle, must occur within a fully- or semi- enclosed building or underneath an insulated roo 97 architecturally compatible with the principal structure. 98 (2) Full -Service. Establishments where the act of washing, drying, polishing, or 99 vacuuming are conducted by the establishment either through mechanical means or throucl 100 on-site employees, and may also include a component which allows for customers to 101 vacuum or polish the vehicle themselves usinc j on-site equipment and sugl2lies. 102 (i) C-2 District. This subtype is not permitted within the C-2 zoning district. 103 (ii) PID District. Only allowed as an accessory use to an auto dealer, new or used. 104 (3) Fully -Automated. Establishments where the act of washing, drVing, polishing, or 105 vacuuming are fully automated with no on-site employee involvement. 106 (1) a. -2 District, C-3 District, C-4 District, and PCD District. This subtype 107 must be accessory to a gasoline station and must obtain conditional use approval prior to 108 establishment. 109 QRly a fully a --ite-mated -style a6ltG�G;ar �.A.Xacsh fa4r.010ty 06 allowed als a.p. a4r.r.essery 6168 112 b. PID District. Only allowed as an accessory use to an auto dealer, new o 113 used. 114 b. Auto/Car Wash (Self -Serve Bay). 115 (1) General. All business activities must occur within a fully- or semi -enclosed 116 buildina. 118 119 Section 4. City of Boynton Beach Land Development Regulations, Chapter 4` She 120 development Standards, Article V, Minimum Off -Street Parking Requirements is hereby amended 121 as follows: 122 CHAPTER 4. SITE DEVELOPMENT STANDARDS m:\C/mrdinances\LDnmanges\LDnAmendment (Ch /,msAnd m4) (Indoor Training Facility And Carwashes) mmnance.Docx 661 140 Section 5. Each and every other provision of the Land Development Regulations not 141 herein specifically amended, shall remain in full force and effect as originally adopted. 142 Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict 143 with any provisions of this ordinance are hereby repealed. 144 Section 7. Should any section or provision of this Ordinance or any portion thereof be 145 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 146 remainder of this Ordinance. 147 Section 8. Authority is hereby given to codify this Ordinance. 148 Section 9. This Ordinance shall become effective immediately. 149 FIRST READING this 6th day of June, 2023. 150 M S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Cli 4) (Indoor Training Facility And Carwashes) - Ordinance.Docx 662 151 SECOND, FINAL READING AND PASSAGE this 20th day of June, 2023. 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice -Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner—Woodrow L. Hay Commissioner —Aimee Kelley ATTEST: VOTE Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) 5 YES NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Cli 4) (Indoor Training Facility And Carwashes) - Ordinance.Docx 663 REQUEST: Approve modifications to existing uses (CDRV 23-004) amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Definitions, Chapter 3, Article IV, Section 3.D. Use Matrix and Notes, and Chapter 4, Article V. Minimum Off -Street Parking Requirements, to modify definitions, use regulations, and parking for car wash uses and to establish indoor athletic instruction/training uses as an accessory use within the REC (Recreation) zoning district. OVERVIEW The proposed amendments adjust the definition, use regulations, and parking requirements for car wash uses, including "Waxing, Polishing, Detailing" and "Self -Serve Bay" uses. The proposed amendments also establish indoor athletic instruction/training uses as an accessory use within the REC (Recreation) zoning district. Finally, the proposed amendments also clarify language referencing use footnotes. These modifications are in response to changes in the industry and seek to clarify otherwise ambiguous language. EXPLANATION & PROPOSED AMENDMENTS Auto/Car Wash: The Use Matrix within the Land Development Regulations lists two types of car wash uses, "Auto/Car Wash (Waxing, Polishing, Detailing)", and "Auto/Car Wash (Self -Serve Bay)". An additional type of car wash has emerged in the market, where an employee -manned car wash tunnel is used to wash vehicles and then vacuum stations are provided before or after which allow the customer to vacuum their vehicle. The current definitions of car wash uses do not clearly accommodate this type of hybrid car wash and contain regulations which should be defined within the use standards under the footnote subsection of the Use Matrix. Furthermore, the current parking standard for car wash detailing areas requires inordinately more parking spaces than needed. As such, the proposed amendments accomplish the following: Clarifying the definitions of "Auto/Car Wash (Polishing, Waxing, Detailing)" and "Auto/Car Wash (Self -Serve Bay)" uses; 664 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-017 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda Radigan, AICP, LEED AP Planning and Zoning Director FROM: Andrew Meyer, Senior Planner Craig Pinder, Planner II DATE: March 16, 2023 REQUEST: Approve modifications to existing uses (CDRV 23-004) amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Definitions, Chapter 3, Article IV, Section 3.D. Use Matrix and Notes, and Chapter 4, Article V. Minimum Off -Street Parking Requirements, to modify definitions, use regulations, and parking for car wash uses and to establish indoor athletic instruction/training uses as an accessory use within the REC (Recreation) zoning district. OVERVIEW The proposed amendments adjust the definition, use regulations, and parking requirements for car wash uses, including "Waxing, Polishing, Detailing" and "Self -Serve Bay" uses. The proposed amendments also establish indoor athletic instruction/training uses as an accessory use within the REC (Recreation) zoning district. Finally, the proposed amendments also clarify language referencing use footnotes. These modifications are in response to changes in the industry and seek to clarify otherwise ambiguous language. EXPLANATION & PROPOSED AMENDMENTS Auto/Car Wash: The Use Matrix within the Land Development Regulations lists two types of car wash uses, "Auto/Car Wash (Waxing, Polishing, Detailing)", and "Auto/Car Wash (Self -Serve Bay)". An additional type of car wash has emerged in the market, where an employee -manned car wash tunnel is used to wash vehicles and then vacuum stations are provided before or after which allow the customer to vacuum their vehicle. The current definitions of car wash uses do not clearly accommodate this type of hybrid car wash and contain regulations which should be defined within the use standards under the footnote subsection of the Use Matrix. Furthermore, the current parking standard for car wash detailing areas requires inordinately more parking spaces than needed. As such, the proposed amendments accomplish the following: Clarifying the definitions of "Auto/Car Wash (Polishing, Waxing, Detailing)" and "Auto/Car Wash (Self -Serve Bay)" uses; 664 Page 2 Car Wash and Indoor Athletic Instruction/Training Uses CDRV 23-004 Requiring all business activities to occur under a fully- or semi- enclosed building or underneath an insulated roof structure. This includes the washing of cars, and employee detailing areas, but for the "Full -Service" subtype of car wash, excludes space for a customer to polish or vacuum their own vehicle; • Clarifying the existing use standards for car washes so that they are clearer; • Reducing the number of required parking spaces for detailing, washing, and waxing areas from 1 space per 75 square feet to 1 space per 200 square feet. The proposed amendments do not expand any car wash uses into any new zoning districts, nor do they further restrict car wash uses from any zoning districts where they are currently allowed. All car wash uses remain as conditional uses and will continue to be subject to the Conditional Use approval process. Indoor Athletic Instruction/Training Facilities: The City and Primetime Sports Group, LLC have entered into a land lease agreement to develop an indoor training facility on a portion of Little League Park, which is zoned REC (Recreation). The Use Matrix of the Land Development Regulations does not allow indoor athletic instruction/training uses within the REC (Recreation) zoning district. The proposed amendment permits the "Indoor Athletic Instruction/Training facility" use within the REC (Recreation) zoning district as an Accessory use, subject to footnote 21, which states that this use is allowed as an accessory use to any city -owned and operated park facility. The proposed amendment is necessary to allow "Indoor Athletic Instruction/Training facility" uses as an accessory use to any city -owned and operated park facility within the REC (Recreation) zoning district. Restricting the use to an accessory use ensures that outdoor park facilities such as baseball fields, basketball courts, etc. remain the principal use. Additionally, the proposed amendment restricts the use to city -owned or operated park facilities, thereby, further restricting where an indoor athletic instruction/training facility can be allowed within the REC (Recreation) zoning district. Clarification of Use Matrix Footnotes: Language regarding the location of use footnotes in relation to uses within the use matrix contained outdated references. The language has been updated to reflect the currently adopted structure of the use matrix. No material changes to uses, standards, or regulations are being proposed outside of the aforementioned amendments above. CONCLUSION/RECOMMENDATION Staff recommends approval of the subject amendments to the Land Development Regulations to support the modification of the definitions, use regulations, and parking for car wash uses and to establish indoor athletic instruction/training uses as an accessory use within the REC (Recreation) zoning district. Attachments 2 665 0 I, - to CO ...................... v ............................... ......................... LU o ....� D ..... ........ ............................. ................... 0 — a....... o Q...�................ ........... ........ ... ........ ............................. IL .................. U ........ ........... ........... .................. ...�....�...... ................... .............. .............. ......... ....... M 2 ................... .............. .............. IL- ................... N ................... ........... .................. E ................... r ................... ........... .................. E ................... a.... ()..Co.. . c?.:u:`.� a........ ...... 0 m ........ v........ ............................. ... ............ M .........V........ ...C) C.0.. ....,..,. NN U u".�.V, ..... ....... CV U ................... Q� ............................ ................... ................... ............................ ................... IL x 0 ul .......... ............................ ................... v IL ........ ............................ ................... M OD 0') CV J ................... .............. .............. Z ® ................... Q Qr .........�........ .............. .............. W ................... ci 4 W Q ................... .............. .............. 06 ................... w ................... ........... ... .............. ................... C a) U) z Q CV O O >>� >>M W F- L U) C C) W a) L ZT C6 cm L >, N z L1J O Q CLL)< U °� UC-va o— co.0 , oL a9.4 ®� : : ado I, - to CO 21. General Note. This use is allowed as an accessory use to any city -owned and operated park facility. 60. Auto/Car Washes 4lDolish.ing, 1� A .1axing, Detai 1 a Aut2/(,ar Wasl[Ii 3 NNg�in(,,j, u;, 2eineralll All wasljling g�2kjfiles riliii.�s[ (,)(.X.Ax, wIfl,ijin a sliNignii e1111JOS�r�iij DUl[111llliggflher DUSIiness a4,,,fliiiIjes, e)�,cepl all flifl, E1 ��11.lisQII lsI' [2 2gjIsIh or litaculiji,ri QW1111i qiidjde, 1111USt QCCLU'wulfliijlin a flly 011 S611,11fl eindbsed ,iiiluuIkfling gE linsii.li��ated roof tt'ie (,21 EILSeiwicle where flie acl cfl:: wa§h�irug, d`yii'191 I!Asblhgl g, Jii,e coiridi,u(::��ed gy the 61:heir [Du2gtliairjcd� ri,ieairus oil, tj"fl,011,ugb Q!,1 �IIIte g! 1d ! 29Y dso iniude a coriipgqK)t w[,Jcdlows :br cus�oigigciiV9(DLRflr'l1 oil, 22i§h fliem. vehlde fl,'ien,iisdillo'es, usiil"�: ENS oin s!!e 2III Xistili'ct 1111S subtm is i1q:8 pg[oi�ltted wllljin the �Kgjling dstij�,A= 111 , I I ) : �3 1 n 2 EX!Stik�j0i,fly �:fllowed as ain w;(essoi:y g�g! t�) ain aUk dg�: �eir:, n1i:,:,w q::ur used u]2 g ted w[iere the adof wasIhling, du, ing:� pg��Sh` 0 11" VE C Y D91 all u1011, 11, aat�d wulthi i oll §te in'll/dyevineint (�I) --a—.C-2 District, C-3 District, C-4 District, and PCD District. 'J!5 Ullbt� 2![TIUSt Ibe 10 1 :1 ��iin, (,q2nditk.� ii�: ��� i�se E��RQLI� g gg4ipW�Ine stafloill aind III dbt�:11 i�) 4l till ior i taLskishin,'ient olie,4 as an Le a I -a-1. 1—lity gaseline 4 - station. OL) --b—.PID District. Only allowed as an accessory use to an auto dealer, new or used. D Autq.V(ar Wa§h (5dL59�� 2 II 111d: 0) Q,,Dirieralll Afll llrum§irmss a1Dd,1,MJes iniusV occur wutJtiri a ::Wlk (21, S'Bia,di 19indoseld Chapter 4. Site Development Standarz Article V. Minimum Off -Street Parking Requirements C. Table 4-18. Commercial and Office & Health Care Uses. Where a use is located in a shopping center, office building, or off ice -retail complex, the parking space requirement for the shopping center, office building, or office -retail complex in which it is located shall apply; except that where a theater is located in a shopping center the parking space requirement for theaters shall apply for the seating or aross floor area of the theater (see "theater" in Section 3.D. below). Commercial and Office & Health Care Uses Buildina area is based upon aross floor area (in car wash (polishing, waxing, detaili Automated (no employees): ................................................ Full-service: car wash, self-service bav: Standard Number of Required Parking Spaces Per sauare feet (unless expressed otherwise N/A rtunneJ4 4 Plus one (1) space per (7-52QQ) square feet of fufl-seirViu�e detai[i,lg, washing, and waxing areas. 668 0 ti ca N" � Oj a) O E O7 XL co a) a) o +� — a) cn2 00-0 UO O a) L O1 a) C: r- ' =}' N � ca j N ti 4-0 W U C: .� (n C: 4-0 C O O N = .E O _0 N j 'X Co N U) >1 N O C6 L 0- O O O (n �--+ Z OU O (n m O 7! V/ L a U .� U m L N O4--C:O U O O U co Q Z X �.0 a) L (n CO to N L (o �+ O Z O w Z� —_ Q U . . Co 7C) LL CO 0 C: a) N co NO 70 O U Q) O }'Lu c U U ry O O U °°� �4— }. ch O L 4-0O co .� 4-0 cn Q .� U � O to � � C: • A --O U U) U) � o Ovi N o U cD w cm U) ry O 4-j Q 75 C/) 06 A N O p C: O _ > D _0 Z3 -0 C: O +� O cn Cf) }' U }' >' 0 U ry N U O CO M cn U Qo m � o Q) -c � a Q m z0� 0- Q w0� O Aj I `MV -11 New Business 06/6/2023 Proposed Resolution No. R23-078- Purchase Agreement and Donation Letter Between City of Boynton Beach and FDOT for 2191 North Seacrest Boulevard. Requested Action by Commission: Declaring the property at 2191 North Seacrest Boulevard as surplus in accordance with Section 2-56, City of Boynton Beach Code of Ordinances; approve and authorize the Mayor to sign a Purchase Agreement and Donation Letter between the City of Boynton Beach and Florida Department of Transportation as sale in lieu of condemnation for the property located at 2191 North Seacrest Boulevard and Temporary Construction Easement. Explanation of Request: On December 21, 2022 the City received notice from Florida Department of Transportation (FDOT) initiating the acquisition (Eminent Domain) process for 2191 North Seacrest Boulevard (Parcel 117/704) for interchange improvements on State Road 9 (1-95) at Gateway Boulevard. FDOT's initial notice included a fair market offer and appraisal for the following parcels: Parcel 117: $582,800, plus $9,400 for remaining property for a total of $592,200 Parcel 704: $1,200 Upon receipt of the FDOT offer, the City requested an independent appraisal which was completed on February 13, 2023 and subsequently on March 9, 2023 the City submitted a counter offer to FDOT in the following amounts: Parcel 117: $647,270 for entire property Parcel 704: $1,800 On April 4, 2023, the City received FDOT's verbal counter offer in the amount of $625,000 which includes the full parcel (117/704), plus reimbursement of $4,995 for the City's appraisal costs. On April 10, 2023 the City received notice from Florida Department of Transportation (FDOT) initiating the acquisition (Eminent Domain) process for a temporary construction easement (Parcel 701) for interchange improvements on State Road 9 (1-95) at Gateway Boulevard. Staff recommends accepting FDOT's counter offer and donation request as sale in lieu of condemnation. By agreeing to the negotiated purchase agreement the City and FDOT will 676 avoid the formal eminent domain litigation, which would have ultimately allowed FDOT to acquire the property by judge order. How will this affect city programs or services? On March 9, 2023 the City approved a renewed lease agreement, Resolution #R23-026 between the City of Boynton Beach and the Boynton Beach Faith Based Community Development Corporation (BBFBCDC) for their expired lease at the subject property. The agreement was for one (1) year and allowed for additional one (1) year terms, upon mutual agreement by both parties. Additional the agreement allows for either party to terminate the agreement upon thirty (30) days written notice to other party. This was done in anticipation of the eminent domain process by FDOT and will allow the City to terminate the lease thirty (30) days prior closing of the transaction. The BBFBCDC has met with FDOT representatives and are in the process of obtaining relocation assistance and rent assistance as part of the eminent domain process. Additionally, the City as part of their transaction is requesting post closing occupancy for BBFBCDC to allow BBFBCDC to remain on site until thirty (30) days notice is provided by FDOT of the demolition the subject property. Fiscal Impact: The City will receive $629,995 for the purchase of the entire Parcel 117/704, reimbursement of the City's independent appraisal and for the donation of a construction easement on Parcel 701. Attachments: Resolution approving Declaring 2191 N Seacrest Blvd Surplus property and Approve FDOT Agreement Purchase Agreement_ 2319321 - 117 PA whole property with remnant.pdf Donation -2319321 P 701 Easement.pdf FDOT Acquisition Purchase Offer Package Parcel 117-704_122122.pdf FDOT Appraisal of Parcel 117-704_100522.pdf FDOT Acquisition Purchase Offer Package 701_041023.pdf FDOT Appraisal of Parcel 701_011923.pdf City Appraisal -2191 North Seacrest Blvd_021323.pdf 677 1 RESOLUTION NO. R23-078 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA 4 DECLARING THE CITY OWNED PROPERTY LOCATED AT 2191 N. 5 SEACREST BLVD, PCN #08-43-45-16-01-027-0010, AS SURPLUS; 6 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A PURCHASE 7 AGREEMENT AND DONATION LETTER BETWEEN THE CITY OF 8 BOYNTON BEACH AND FLORIDA DEPARTMENT OF TRANSPORTATION 9 AS SALE IN LIEU OF CONDEMNATION FOR THE PROPERTY LOCATED AT 10 2191 NORTH SEACREST BOULEVARD AND TEMPORARY 11 CONSTRUCTION EASEMENT; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, on December 21, 2022 the City received notice from Florida Department of 14 Transportation (FDOT) initiating the acquisition (Eminent Domain) process for 2191 North 15 Seacrest Boulevard (Parcel 117/704) for interchange improvements on State Road 9 (I-95) at 16 Gateway Boulevard; and 17 18 WHEREAS, according to Chapter 2, Article IV, Section 2-56 (c) of the City of Boynton 19 Beach Code of Ordinances, the City Commission can sell property, which is determined to be 20 in the best interest of the City; and 21 22 WHEREAS, before any improved or unimproved property owned by the City can be 23 sold, the City Commission must first declare the property to be surplus; and 24 25 WHEREAS, the City Commission, upon recommendation of staff, declares the City 26 owned property located at 2191 N. Seacrest Blvd, PCN #08-43-45-16-01-027-0010, as surplus; 27 and 28 WHEREAS, after an appraisal was performed and some negotiations, staff recommends 29 accepting FDOT's counter offer and donation request as sale in lieu of condemnation thereby 30 avoiding the formal eminent domain litigation, which would have ultimately allowed FDOT to 31 acquire the property by court order; and 32 33 WHEREAS, the City Commission determines that it is in the best interest of the citizens 34 and residents of the City to declare the property located at 2191 N. Seacrest Boulevard as 35 surplus and to approve and authorize the Mayor to sign a Purchase Agreement and Donation 36 Letter between the City of Boynton Beach and Florida Department of Transportation as sale in 37 lieu of condemnation for the property located at 2191 North Seacrest Boulevard and 38 Temporary Construction Easement. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 41 BOYNTON BEACH, FLORIDA AS FOLLOWS: 42 43 Section 1. Each Whereas clause set forth above is true and correct and 44 S:\CA\RESO\Declaring 2191 N Seacrest Blvd Surplus property and Approve FDOT Agreement - Reso.doex 678 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 85 86 incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach declares the City owned property located at 2191 N. Seacrest Blvd, PCN #08-43-45-16-01-027-0010, as surplus. Section 3. The City Commission approves and authorizes the Mayor to sign a Purchase Agreement and Donation Letter between the City of Boynton Beach and Florida Department of Transportation as sale in lieu of condemnation for the property located at 2191 North Seacrest Boulevard and Temporary Construction Easement, copies of which are attached hereto and incorporated herein by reference as Composite Exhibit "A". Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 6th day of June, 2023. ATTEST: Maylee De Jes6s, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:\CA\RESO\Declaring 2191 N Seacrest Blvd Surplus property and Approve FDOT Agreement - Reso.doex 679 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PURCHASE AGREEMENT ITEM SEGMENT NO.: DISTRICT: FEDERAL PROJECT NO STATE ROAD NO.: COUNTY: PARCEL NO.: Seller: City of Boynton Beach, a Florida municipal corporation Buyer: State of Florida, Department of Transportation 575-030-07a RIGHT OF WAY OGC— 10116 Page 1 of 4 231932-1 4 D420 038 B 9 (1-95) (a) Gateway Blvd. Palm Beach 117 w/remnant (whole property) Buyer and Seller hereby agree that Seller shall sell and Buyer shall buy the following described property pursuant to the following terms and conditions: I. Description of Property: (a) Estate Being Purchased: ® Fee Simple ❑ Permanent Easement ❑ Temporary Easement ❑ Leasehold (b) Real Property Described As: Refer to attached Exhibit "A" (c) Personal Property: N/A (d) Outdoor Advertising Structure(s) Permit Number(s): N/A Buildings, Structures, Fixtures and Other Improvements Owned By Others: N/A These items are NOT included in this agreement. A separate offer is being, or has been, made for these items. INITIALS II. PURCHASE PRICE (a) Real Property Land Improvements Real Estate Damages (Severance/Cost-to-Cure) Total Real Property * Inclusive of Land (b) Total Personal Property & Improvements (c) Fees and Costs Attorney Fees Appraiser Fees Total Fees and Costs (d) Total Business Damages (e) Total of Other Costs List: 1. $ 367-+Q&.-QQ 3. $ 0.00 4. $ `924, 0-..vv625,000.00 5. $ 9-.40 6. $ 0.00 7. $ 9:90 4,995.00 Fee(s) 8. $ 0.00 g $ 9;99. 4,995.00 10. $ 0.00 11. $ 0.00 Total Purchase Price (Add Lines 4, 5, 9, 10 and 11) Total Global Settlement Amount (f) Portion of Total Purchase Price or Global Settlement Amount to be paid to Seller by Buyer at Closing (g) Portion of Total Purchase Price or Global Settlement Amount to be paid to Seller by Buyer upon surrender of possession or $ 592;22 �^, 629,995 00 $ tia�nn nnnn 629,995.00 $ 0.00 SELLER BUYER 680 575-030-07a RIGHT OF WAY OGC — 10/16 Page 2 of 4 III. Conditions and Limitations (a) Seller is responsible for all taxes due on the property up to, but not including, the day of closing. (b) Seller is responsible for delivering marketable title to Buyer. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar in accordance with Florida Law subject only to those exceptions that are acceptable to Buyer. Seller shall be liable for any encumbrances not disclosed in the public records or arising after closing as a result of actions of the Seller. (c) Seller shall maintain the property described in Section I of this agreement until the day of closing. The property shall be maintained in the same condition existing on the date of this agreement, except for reasonable wear and tear. (d) Any occupancy of the property described in Section I of this agreement by Seller extending beyond the day of closing must be pursuant to a lease from Buyer to Seller. (e) The property described in Section I of this agreement is being acquired by Buyer for transportation purposes under threat of condemnation pursuant to Section 337.25 Florida Statutes. (f) Pursuant to Rule 14-10.004, Florida Administrative Code, Seller shall deliver completed Outdoor Advertising Permit Cancellation Form(s), Form Number 575-070-12, executed by the outdoor advertising permit holder(s) for any outdoor advertising structure(s) described in Section I of this agreement and shall surrender, or account for, the outdoor advertising permit tag(s) at closing. (g) Seller agrees that the real property described in Section I of this agreement shall be conveyed to Buyer by conveyance instrument(s) acceptable to Buyer. (h) Seller and buyer agree that this agreement represents the full and final agreement for the herein described sale and purchase and no other agreements or representations, unless incorporated into this agreement, shall be binding on the parties. (i) Other: (i) IV. IV Seller and Buyer agree that a real estate closing pursuant to the terms of this agreement shall be contingent on delivery by Seller of an executed Public Disclosure Affidavit in accordance with Section 286.23, Florida Statutes. Closing Date The closing will occur no later than 60 days after Final Agency Acceptance. Typewritten or Handwritten Provisions Any typewritten or handwritten provisions inserted into or attached to this agreement as addenda must be initialed by both Seller and Buyer. ❑ There is an addendum to this agreement. Page is made a part of this agreement. ❑ There is not an addendum to this agreement. 681 575-030-07a RIGHT OF WAY OGC — 10/16 Page 3 of 4 VI. Seller and Buyer hereby acknowledge and agree that their signatures as Seller and Buyer below constitute their acceptance of this agreement as a binding real estate contract. It is mutually acknowledged that this Purchase Agreement is subject to Final Agency Acceptance by Buyer pursuant to Section 119.0711, Florida Statutes. A closing shall not be conducted prior to 30 days from the date this agreement is signed by Seller and Buyer to allow public review of the transaction. Final Agency Acceptance shall not be withheld by Buyer absent evidence of fraud, coercion, or undue influence involving this agreement. Final Agency Acceptance shall be evidenced by the signature of Buyer in Section VII of this agreement. Seller(s) Buyer State of Florida Department of Transportation Signature Date BY: Type or Print Name Signature Date Signature Date Type or Print Name and Title Type or Print Name VII. FINAL AGENCY ACCEPTANCE The Buyer has granted Final Agency Acceptance this BY: Signature Legal Review: Type or Print Name and Title day of Type or Print Name and Title Date 682 ADDITIONAL SIGNATURES SELLER(S): 575-030-07 RIGHT OF WAY OGC - 12/09 Signature Date Signature Date Type or Print Name Type or Print Name Signature Date Signature Date Type or Print Name Type or Print Name Signature Date Signature Date Type or Print Name Type or Print Name Signature Date Signature Date Type or Print Name Type or Print Name Signature Date Signature Date Type or Print Name Type or Print Name 683 Exhibit "A" Legal Description Real property in the City of Boynton Beach, County of Palm Beach, State of Florida, described as follows: THE EAST QUARTER OF LOT 8, SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE MAP OF TOWNSHIP 45 SOUTH, AND TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 4, PALM BEACH COUNTY PUBLIC RECORDS. LESS RIGHT OF WAY OF STATE ROAD 804, SECTION 93640-2601 AND THAT PART OF THE EAST QUARTER OF LOT 8, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 20; THENCE NORTH 01 DEGREES 34 MINUTES 01 SECOND WEST ALONG THE EAST LINE OF SAID SECTION 20, A DISTANCE OF 40.00 FEET; THENCE SOUTH 88 DEGREES 06 MINUTES 29 SECONDS WEST, A DISTANCE OF 106.75 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE CONTINUE SOUTH 88 DEGREES 06 MINUTES 29 SECONDS WEST, A DISTANCE OF 202.19 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 90 DEGREES 18 MINUTES 50 SECONDS AND A RADIUS OF 20.00 FEET, A DISTANCE OF 31.53 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF INDUSTRIAL AVENUE AS SHOWN ON BOYNTON INDUSTRIAL PARK AS RECORDED IN PLAT BOOK 25, PAGE 232, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 01 DEGREE 34 MINUTES 41 SECONDS WEST ALONG SAID EAST RIGHT OF WAY LINE OF INDUSTRIAL AVENUE, A DISTANCE OF 45.71 FEET; THENCE NORTH 87 DEGREES 52 MINUTES 12 SECONDS EAST, A DISTANCE OF 181.08 FEET; THENCE SOUTH 33 DEGREES 25 MINUTES 50 SECONDS EAST, A DISTANCE OF 78.11 FEET TO THE POINT OF BEGINNING AFORE DESCRIBED. 684 Book26514/Page864 Page 5 of 6 575-030-12 RIGHT OF WAY FDOT OGC - 04/22 Florida Department of Transportation RON DESANTIS Office of Right of Way JARED W. PERDUE, P.E. GOVERNOR 3400 West Commercial Boulevard SECRETARY Fort Lauderdale, FL 33309-3421 Donation of Property to the Florida Department of Transportation April 10, 2023 City of Boynton Beach, a Florida municipal corporation P.O. Box 310 Boynton Beach, FL 33425 ITEM/SEGMENT NO.: MANAGING DISTRICT: F.A.P. NO.: STATE ROAD NO.: COUNTY: PARCEL NO.: INTEREST CONVEYED 231932-1 4 D420 038 B 9 (1-95) @ Gateway Blvd. Palm Beach 701 Temporary Easement This is to advise that the undersigned, as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced project, desires to make a voluntary donation of said property or property interest to the State of Florida for the use and benefit of the Florida Department of Transportation. The undersigned hereby acknowledges that he/she has been fully advised by a Department representative of his/her right to have the referenced property or property interest appraised, to accompany the appraiser during the appraisal inspection of the property, to receive full compensation for the above referenced property, and to receive reimbursement for reasonable fees and costs incurred, if any. Having been fully informed of the above rights, I hereby waive those rights unless otherwise noted below. Owner's Signature Type or Print Property Owner's Name Street Address City, State, Zip Code Date 685 December 21, 2022 AECOM 110 East Broward Blvd. Suite 700 Fort Lauderdale, FL 33301 www.aecom,corn City of Boynton Beach, a Florida municipal corporation P.O. Box 310 Boynton Beach, FL 33425 SUBJECT: Acquisition Purchase Offer Package Item/Segment No: Section: Managing District: F.A.P. #: State Road No.: County: Parcel No: Dear Property Owner, 231932-1 93220-2562 4 D420 038 B 9 (1-95) @ Gateway Boulevard Palm Beach 117/704 As you may be aware, the Florida Department of Transportation (Department) requires property owned by you for the necessary road improvements planned for the above -referenced project, The Department has hired a private real estate appraiser who has completed extensive market research and appraised this property to determine its market value. After a thorough review by the Department's review appraiser, I am authorized to offer you on behalf of the Department the amount listed below for Parcel 117 and 704 as described herein on the documents enclosed. Parcel 117: $582,800 Parcel 704: $1,200 Since the taking creates an undevelopable uneconomic remainder parcel, I am authorized to present a second offer to include the remant parcel. Parcel 117 whole property including uneconomic remainder: $592,200. Enclosed and listed below are a pamphlet and several documents summarized as follows: 1. The Real Estate Acquisition Process Pamphlet: Explains the rights and benefits to which you are entitled under the Department's acquisition process. 2. Notice to Owner: Explains your rights and options and the process we must follow by law in acquiring property rights from you. 3. Questionnaire: Please complete this form and return it to my attention in the enclosed postage - paid envelope. 4. Bjghjgf VVa Ma : Graphic depiction of the referenced parcels. 5. Leval Descriptions: Describes and delineates the area of your property being acquired by the Department. 686 6Statement of Offer Letters: Summarize the Department's offers for the referenced parcels. Uneconomic Remnant: Your remaining property totals 4,982 SF and will be undevelopable. Due the remainder's lack of utility, the Department is offering to purchase the remainder. This is optional conveyance and an alternative to conveying Parcels 117 and 704. Enclosed are Statement of Offer and Purchase Agreement, in the amount of $592,200, for the fee simp purchase of the whole property (14,696 SF) 7. Right )f Way Purchase Agreements: After your review of the enclosed information, if you decide accept the Department's offer, please sign, date and return the appropriate form(s) to us. Yo signature(s) on the Purchase Agreement(s) will allow us to begin the processing of check orderin scheduling of real estate closing, etc. I 8. The Shaba of Florida Department of Transportation requests that consideration be given to donating Parcels 117 and 704. g. A form that the Internal Revenue Service and the State Comptroller require either the property owners Federal Tax Identification or Social Security number for reporting purposes. 10. Please complete the enclosed request for appraisal form and wewill present you with a copy of the Department's appraisal. 11. If you have an attorney representing you in this motter, please complete this form with your attorney and return it to us sothat we can communicate directly with Your attorney regarding this matter. 12. LINr\ TO THE CUSTOMER SURVEY: Attached is a link to our customer After reviewing this package, if you agree with the offer(s) tendered herein, please execute the Purchase Agreement(s), request for Taxpayer Identification Number and return the documents to our office. We will make emery effort to reach on amicable and mutually satisfactory agreement and look forward to working with you and your attorney inthis regard. You may contact me at(Q54)812'5OB3todiscuss any questions orconcerns you may have. Christopher J. Poisson, Right of Way Agent AECOK4Technical Services, Inc. Licensed Real E Broker Delivered by: 687 FORM 575-030-310 RIGHT OF WAY - 10117 Page 1 of 2 FDOT Florida Department i#'Transportation RON DESANTIS 3400 West Commercial Boukn,wd IARIU) W. PERDUE, PA— GOVERNOR Fort I auderdAc, FL 33301) WCRETARY NOTICE TO OWNER December 21, 2022 ITEM/SEGMENT #: MANAGING DISTRICT: City of Boynton Beach, a Florida municipal corporation F.A.P. #: P.O. Box 310 STATE ROAD Boynton Beach, FL 33425 COUNTY: PARCEL Dear Property Owner(s): 231932-1 4 D420 0338 9 (1-95) @ Gateway Blvd, Palm Beach 117/704 The Florida Department of Transportation is planning the following improvement of the above referenced transportation facility: Intersection Improvement - State Road 9 / (1-95) at Gateway Blvd., Boynton Beach, Florida Lou I ma I a j4KNffL"M;M*j"-L9'10mj I I mign Lumillilkywal IMM . Right of Way Map and Legal Description property. Under Federal and State law, you are entitled to certain rights and protections when the State must acquire real estate from you. The following is a summary of your rights: • You may obtain copies of the *epartment's appraisal, right of way maps and construction plans within 15 business days upon request. • We will make a written offer to you to purchase your property and will negotiate with you, in good faith, to reach a mutually acceptable purchase price. • If we cannot agree on a purchase price, we will not file a condemnation lawsuit until at least 30 days after you receive our initial written offer. • You will receive no less than full compensation for the property acquired. Full compensation includes, the vMlue of the real estate acquired together with damages, if any, to your remaining property. You may be eligible for relocation assistance benefits if you are required to move or move personal possessions from the property we acquire. FORM 575-030-310 RIGHT OF WAY -10/17 Page 2 of 2 You may receive reirnburser-nent for reasonable attorney fees and other reasonable costs you incur for appraisal and other services associated with the Department's acquisition. Your rights and options are rnore fully explained in the enclosed parnphlet entitled Acquisition Process. We encourage you to read this pamphlet carefully and contact us if you have any questions. We want to negotiate with you for the purchase of your property. If you have questions about any aspect of our acquisition process or if you have information that would help us to determine a fair value for your property or help us provide service to you, please let us know. Regardless of whether we can reach agreement on the purchase of your property, we will do our best to be sensitive and responsive to your needs. If you experience any problems, please do not hesitate to contact: AECOM Technical Services, Inc. Hugo Solano, AECOM Project Manager 110 East Broward Blvd., Suite 700 Fort Lauderdale, Florida 33301 Enclosures: Sketch and Legal Description (and/or right of way map) Acquisition Process Pamphlet CC: Records Management Sincerely, 4'top, Carlos Martinez District Right of Way Manager By: Christopher J. Poisson AECOM R/W Agent Received by: Certified Mail Number: Date: QUESTIONNAIRE ITEM/SEGMENT NO: 231932-1 MANAGING DIST: 4 F.A.P. NO: D420 038 B STATE ROAD NO: SR 9/1-95 @ Gateway Blvd. COUNTY: Palm Beach PARCEL NO: 117/704 ATTENTION: Christopher Poisson Dear Property Owner: Please provide the following information and mail to this office. 1. Are you the owner of the property identified above? 2. 1 have sold all or part of the property to: Name: Address: Approximate Date Sold: 3. Other than my spouse, I share ownership of this property with: Name: Address: Telephone No.: 4. Please list the appropriate contact person for this property: Name and Title: Address: Telephone No.: 5. Is there an ongoing business on this site? 6. If yes, who owns the business? Name: Address: Telephone No.: 7. Additional Comments: Property Owner's Signature Printed Name and Title Date 690 691 1 mrl rrt Am 90 wo 0,6 Fl is :21! 1 n AW NOW"', 141`I .... IJ SAW 1 "wal"411 ws, -1 0 SAY iv"IT vq hoop? TO I Ty - w CI IS ti Hi 1J rx xW as 1 If n J. 691 1 - -T ";" I I I 1 1 5 F., qoH , " ''T , I t V�t VI '> 4,3' 3NI 1 11J1' V z 692 k gar "I :T I,, FW r ate, IW O I I IT e6 1,T VT IT 0 Vt t V�t VI '> 4,3' 3NI 1 11J1' V z 692 L MWATHIOU,IS TI'l )V -,'-"J S m NI 9miO,o 9,17 N (14 ,90*6Z 693 Legal Description Item/Segment No. 2319321 Fee Simple Right of Way Section 93220-2562 01-28-20 Parcel No. 117 State Road 9 (1-95) Palm Beach County Description A portion of Lots 1, 2, and 3, Block 27, ROLLING GREEN RIDGE FIRST ADDITION, according to the plat thereof, as recorded in Plat Book 24, Page 223, of the Public Records of Palm Beach County, Florida, lying in Section 16, Township 45 South, Range 43 East, as shown on Sheets 4 and 7 of the Florida Department of Transportation Right of Way Map for State Road 9 (Interstate 95), Item/Segment No. 23 1932 1, Section 93220-2562, being more particularly described as follows: Commence at Southeast Corner of said Lot 3, also being a point on the Westerly Existing Riot of Way line of North Seacrest Boulevard; thence North 01 °31'25'° West along said Westerly Existing Right of Way line, a distance of 8.53 feet to the POINT OF BEGINNING; thence North 48'04'06" West, a distance of 29.05 feet; thence South 87'l 3'49" West, a distance of 172.29 feet; thence South 01 °31'25" East, a distance of 24.80 feet to a point on the South line of the aforesaid Lot 1; thence South 88'27'55" West along said South line, a distance of 6.67 feet to the Southwest Comer of said Lot 1, also being a point on the Easterly Existing Right of Way line of NW 1 11 Street; thence North 01 °31 '25" West along said Easterly Existing Right of Way line, a distance of 55.84 feet to a point on the Southerly Existing Right of Way line of Gateway Boulevard; thence North 72'44'45" East along said Southerly Existing Right of Way line, a distance of 87.02 feet; thence South 89'50'28" East along said Southerly Existing Right of Way line, a distance of 116.29 feet to a point on the aforesaid Westerly Existing Right of Way line of North Seacrest Boulevard; thence South 01 °3 1'25" East along said Westerly Existing .Right of Way line, a distance of 67.45 feet to the POINT OF BEGINNING. Containing 9,714 square feet, more or less. 694 Legal Description Item/Segment No. 2319321 Section 93220-2562 08-17-22 Temporary Easement Parcel No. 704 State Road 9 (1-95) Palm Beach County Description A portion of Lot I—Block 27, ROLLING GREEN RlD(.'YE F.lRSTADDlTiO!�;, according to the plat thereof, as recorded in Plat Book 24, Page 223, of the Public Records cal' Palm Beach ("ounty, Florida, lying in Section 16, Township 45 South, Range 43 East, as shown on Sheets 4 and 7 of the Florida Department of Transportation Right of Way Map for State Road 9 (Interstate 95), Itern/Seginent No. 2319321, Section 93220-2562, being more particularly described as follows: Commence at the Southwest Corner of said Lot 1, also being a point on the Easterly Existing Right of Way line of NW I" Street-, thence North 88'2755" East along the South line of said. t.,ot 1, a distance o1' 6.67 feet to the 110INTOF BEGrNNIN(.'.Y; thence North 01"31 "25"" West, a distance of 24.80 feet; thence North 87'l 3'49" East, a distance of 5.00 feet; thence South 0 "31'25"' East, as distance of'24.91 feet to a point on the South line of saki Lot 1; thence South 88'27'55" West along said South line, a distance of 5.1111 feet to the POINT OF BEGINNING. Containing 124 square feet, more or less. A temporary easernent for the purpose of tying in and harmonizing said property and the walkways, etc. to the roadway improvements to be constructed within the right of way, together with the right of access, ingress and egress, and along with any other incidences necessary or convenient in connection with the construction to be undertaken by the 1.)epartnient. This temporary easement includes any excavation on the subject property required for the ptirposes stated herein. This Easement is granted upon the condition that the sloping and/or grading upon the above land shall. n.ot extend beyond the limits outlined above, including the right to ingress and egress, occupy, possess, and control the property for the stated purposes, to stage eqUipMent t6r the stated purposes, and to act as the agent for the owner for Purposes of applying for any necessary perrilits and/or approvals to accomplish the stated purposes. This Easement shall. expire upon the completion of this transportation project but not later than the last day OfRdy 2031. 695 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-030-08 STATEMENT OF OFFER RIGHT OFWAY03/17 December 21, 2022 ITEM/SEGMENT NO.: 2319321 DISTRICT: 4 City of Boynton Beach, a Florida municipal corporation FEDERAL PROJECT NO.: D420 038 B P.O. Box 310 — Boynton Beach, FL 33425 STATE ROAD NO.: 9 / I-K_(a� Gate�wa Blvd. COUNTY: Palm Beach PARCEL NO.: 117 / 117 with remnant Dear Property Owner, As You are probably aware, the State of Florida Department of Transportation is in the process of acquiring the needed right of way for the above referenced facility. A determination has been made that either a part or all of your property will be needed. A search of the Public Records of the County in which this property is situated has been made and it was determined that property is owned by you. The interest being acquired in your property is: Fee Simple Estate In addition, the following list will identify the buildings, structures, fixtures, and other improvements which are considered to be a part of the real property acquired, or personal property being acquired, if any: None The following items were excluded: N/A You are further advised that the Department's offer of just compensation for the property required for the construction Of this facility is based on the Fair Market Value of the property and that the Department's offer to you is not less than the approved appraised value of the property. Additionally, the Department identified an uneconomic remnant, which is remainder property that was assessed as having little or no utility. It is at Your discretion to determine if you would like the Department to purchase the identified uneconomic remnant as well. The following represents a summary of the Department's offer to you and the basis therefore Land Improvements Real Estate Damages Incentive Uneconomic Remnant Total $ 24-2 900,00 $ 202,000.00 $ 137,900.00 $0.00 $ N/A $ 532,£100.00 alffifflimm $ 202_ 000,;,,x0 $ 13-1 —900�00 $0.00 $ 9,400.00 This Statement of Offer is not a contract; if you agree to accept this offer, you will be required to sign a purchase agreement. Any additional information you may require can be obtained through the Department's Representative that contacted you, If that representative is riot readily available, please contact: Hugo at AECOM Technical Service,; Inc, 110 East Broward Blvd. Suite 700 Ft Lauderdale FL 33301 Sincerely, Carlos Martinez District Right of Way Manager By: Christopher J. Poisson AECOM Right of Way Agent 2, 2 2... Delivered By Type or Print Name Date Receipt Acknowledged By Type or Print Name Date L-TL� STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATEMENT OF OFFER December 21, 2022 ITEM/SEGMENT NO.: DISTRICT: City of Boynton Beach, a Florida municipal corporation FEDERAL PROJECT NO P.O. Box 310 Boynton Beach, FL 33425 STATE ROAD NO.: COUNTY: PARCEL NO.: Dear Property Owner, 575-030-08 RIGH] OF WAY 03/17 231932-1 D420 038 B a -LI - 5 �.@-gateway Blvd Palm Beach 704 As you are probably aware, the State of Florida Department of Transportation is in the process of acquiring the needed right of way for the above referenced facility. A determination has been made that either a part or all of your property will be needed. A search of the Public Records of the County in which this property is situated has been made and it was determined that property is owned by you. The interest being acquired in your property is: Temporary Easement In addition, the following list will identify the buildings, structures, fixtures, and other improvements which are considered to be a part of the real property acquired, or personal property being acquired, if any: N/A. The following items were excluded: Improvements located within the area of Parcel 704 include sod, asphalt paving, concrete Curbing, concrete paving, chain link fencing and irrigation. As is Customary, FDOT or its contractor will be responsible for replacing any improvements impacted by construction within the area of the temporary construction easement, however, these improvements have been compensated for as part of the acquisition of Parcel 117. AS such, the improvernents within the TC E are not valued. You are further advised that the Departrnent's offer of just compensation for the property required for the construction of this facility is based on the Fair Market Value of the property and that the Department's offer to You is riot less than the approved appraised value of the property. The following represents a summary of the Department's offer to you and the basis therefore: Land $ 1_200.00 Improvements $0.00 Real Estate Damages $0.00 Total $ 1 200 �00 -.Phis Statement of Offer is not a contract; if you agree to accept this offer, you will be required to sign a purchase agreement. Any additional information you may require can be obtained through the Department's Representative that contacted you. If that representative is not readily available, please contact: Hugo SolanoAECOM Project Man2ge�r at AECOM Technical Lauderdale , FL. 33301 Sincerely, Carlos Martinez District Right of Way Manager By: Christopher J. Poisson AECOM Right of Way Agent Z/612(U Delivered"'By Type or Print Narrie Receipt Acknowledged By Type or Print Name Date Date 697 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PURCHASE AGREEMENT ITEM SEGMENT NO.: DISTRICT: FEDERAL PROJECT NO STATE ROAD NO.: COUNTY: PARCEL NO.: Seller: Citv of Boynton Beach, a Florida munjcjpal corporation 231932-1 4 0420 038 B 91L-295 � Palm Beach 117 575-030-07a RIGHT OF WAY OGC — 10/16 Page 1 of 4 Buyer and Seller hereby agree that Seller shall sell and Buyer shall buy the following described property pursuant to the following terms and conditions: I. Description of Property: (a) Estate Being Purchased: M Fee Simple [:]Perm arlent Easement __] Temporary Easement [:] Leasehold (b) Real Property Described As: Refertoattached Exhibit "A" (c) Personal Property: N/A -------- (d) Outdoor Advertising Structure(s) Permit Number(s): N/A Buildings, Structures, Fixtures and Other Improvements Owned By Others: N/A These items are NOT included in this agreement. A separate offer is being, or has been, rnade for these items. II. PURCHASE PRICE (a) Real Property Land 1. $ 242,900.00 Improvements 2. $ 202 �000.0O Real Estate Damages 3. $ 137,900.00 (Severance/Cost-to-Cure) Total Real Property 4. $ 582,800,00 (b) Total Personal Property 5. $ 0.00 (c) Fees and Costs Attorney Fees 6. $ 0.00 Appraiser Fees 7, $ 0.00 Fee(s) 8. $ 0.00 Total Fees and Costs 9, $ 0.00 (d) Total Business Damages W $ 0.00 (e) Total of Other Costs 11. $ 0.00 List: Total Purchase Price (Add Lines 4,5,9,10and ll) $ 582800.00 Total Global Settlement Amount (f) Portion of Total Purchase Price or Global Settlement $ 582,800.00 Amount to be paid to Seller by Buyer at Closing (g) Portion of Total Purchase Price or Global Settlement $ 0.00 Amount to be paid to Seller by Buyer upon surrender of possession or 698 575-030-07a RIGHT OF WAY OGG — 10/16 Page 2 of 4 11L Conditions and Limitations (a) Seller is responsible for all taxes due on the property up to, but not including, the day of closing, (b) Seller is responsible for delivering marketable title to Buyer. Marketable title shall be determined according to appllicable title standards adopted by the Florida Bar in accordance with Florida Lav✓ subject only to those exceptions that are acceptable to Buyer. Seller shall be liable for any encumbrances not disclosed in the public records or arising after closing as a result of actions of the Seller. (c) Seller shall maintain the property described in Section I of this agreement until the day of closing. The property shall be maintained in the same condition existing on the date of this agreement, except for reasonable wear and tear. (d) Any occupancy of the property described in Section I of this agreement by Seller extending beyond the day of closing must be pursuant to a lease from Buyer to Seller. (e) The property described in Section I of this agreement is being acquired by Buyer for transportation purposes under threat of condemnation pursuant to Section 337.25 Florida Statutes. M Pursuant to Rule 14-10.004, Florida Administrative Code, Seller shall deliver completed Outdoor Advertising Permit Cancellation Form(s), Form Number 575-070-12, executed by the outdoor advertising permit holder(s) for any outdoor advertising structure(s) described in Section I of this agreement and shall Surrender, or account for, the outdoor advertising permit tag(s) at closing. (g) Seller agrees that the real property described in Section I of this agreement shall be conveyed to Buyer by conveyance instrument(s) acceptable to Buyer. (11) Seller and buyer agree that this agreement represents the full and final agreement for the herein described sale and purchase and no other agreements or representations, unless incorporated into this agreement, shall be binding on the parties. (i) Other: U) Seller and Buyer agree that a real estate closing pursuant to the terms of this agreement shall be contingent on delivery by Seller of an executed Public Disclosure Affidavit in accordance with Section 286,23, Florida Statutes. lvClosing Date The closing will occur no later than 60 days after Final Agency Acceptance. V. Typewritten or Handwritten Provisions Any typewritten or handwritten provisions inserted into or attached to this agreement as addenda must be initialed by both Seller and Buyer. ❑ There is an addendum to this agreement. Page - is made a part of this agreement. ❑ There is not an addendum to this agreement. 699 575-m0-07" RIGHT OF WAY oso-/mm Page ^m* V1. Seller and Buyer hereby acknowledge and agree that their signatures as Seller and Buyer below constitute their acceptance ofthis agreement aoobinding real estate contract. |tiemutually acknowledged that this Purchase Agreement iusubject bFinal Agency Acceptance byBuyer pursuant to Section 119.0711, Florida Statutes. A closing shall not be conducted prior to 30 days from the date this agreement is signed by Seller and Buyer to allow public review of the transaction. Final Agency Acceptance shall not be withheld by Buyer absent evidence of fraud, coercion, or undue influence involving this agreement. Final Agency Acceptance shall be evidenced by the signature of Buyer in Section VII of this agreement. Seller(s) Buyer State ofFlorida Department ofTransportation Signature Date BY: Type orPrint Name Signature Date Signature Date Type orPrint Name and Title Type mPrint Name Ni FINAL AGENCY ACCEPTANCE The Buyer has granted Final Agency Acceptance this ____ day of BY: Signature Type orPrint Name and Title Legal Review: Type or Print Name and Title 700 ADDITIONAL SIGNATURES SELLER(S): 575-030-07 RIGHT OF WAY OGC - 12/09 Signature Date Signature _ Date Type or Print NameType or Print Name Signature Date Signature Date Type or Print Name Type or Print Name Signature Date Signature mm Date Type or Print Name Type or Print Name Signature Date Signature Date Type or Print Name Type or Print Name Signature Date Signature Date Type or Print Name Type or Print Name 701 Exhibit "A" Item/SegmentNo. 2319321 Section 93220-2562 01-28-20 Fee Simple Right of Way Parcel No. 117 State Road 9 (1-95) Palm Beach County Description A portion of Lots 1, 2, and 3, Block 27, ROLLING GREEN RIDGE FIRST ADDITION, accordirig to the plat thereof, as recorded in Plat Book 24, Page 223, of the Public Records of Palm Beach County, Florida, lying in Section 16, Township 45 South, Range 43 East, as shown on Sheets 4 and 7 of the Florida Department of Transportation Right of Way Map for State Road 9 (Interstate 95), Item/Segment No. 2319321, Section 93220-2562, being more particularly described as follows: Commence at Southeast Comer of said Lot 3, also being a point on the Westerly Existing Right of Way line of North Seacrest Boulevard; thence North 01 °31'25" Westalongsaid Westerly Existing Right of Way line, a distance of 8.53 feet to the POINT OF BEGINNING; thence North 48'04'06" West, a distance of 29.05 feet; thence South 87'13'49"West, a distance of 172.29 feet; thence South 01 °31'25" East, a distance of 24.80 feet to a point on the South line of the aforesaid Lot 1; thence South 88°27'55" West along said South line, a distance of 6.67 feet to the Southwest Comer of said Lot 1, also being a point on the Easterly Existing Right of Way line of NW I sr Street; thence North 01 °31 '25" West along said Easterly Existing Right of Way line, a distance of 55.84 feet to a point on the Southerly Existing Right of Way line of Gateway Boulevard; thence North 72'44'45" East along said Southerly Existing Right of Way line, a distance of 87.02 feet; thence South 89'50'28" East along said Southerly Existing Right of Way line, a distance of 116.29 feet to a point on the aforesaid Westerly Existing Right of Way line of North Seacrest Boulevard; thence South 01 °31'25" East along said Westerly Existing Right of Way line, a distance of 67.45 feet to the POINT OF BEGINNING. Containing 9,714 square feet, more or less. 702 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PURCHASE AGREEMENT ITEM SEGMENT NO.: DISTRICT: FEDERAL PROJECT NO STATE ROAD NO.: COUNTY: PARCEL NO.: 575-030-07a RIGHT OF WAY OGC — 10/16 Page 1 of 4 231932-1 D420 038 B _ 91I-95) Gateway Blvd.__ _Palm Beach 117 w/remnant whole prop.@ _ Seller: City cf-Boynton Beach, a Florida_municipal corporation Buyer: State of Florida, Department of Transportation Buyer and Seller hereby agree that Seller shall sell and Buyer shall buy the following described property pursuant to the following terms and conditions: 1. Description of Property: (a) Estate Being Purchased: ® Fee Simple ❑ Permanent Easement ❑ Temporary Easement ❑ Leasehold (b) Real Property Described As: Refer to attached Exhibit "A" (c) Personal Property: N/A.._ ----- (d) _.___(d) Outdoor Advertising Structure(s) Permit Number(s): N/A_ Buildings, Structures, Fixtures and Other Improvements Owned By Others: N/A These items are NOT included in this agreement. A separate offer is being, or has been, made for these items. II. PURCHASE PRICE (a) Real Property Land 1. $ 367,400.00 _ Improvements 2. $ 224,800.00 Real Estate Damages 3. $ 0.00 (Severance/Cost-to-Cure) Total Real Property 4. $ 592,200.00 (b) Total Personal Property 5. $ Q--Q-0--- .00__(c) (c) Fees and Costs Attorney Fees 6. $ 0.00 Appraiser Fees 7. $ 0.00 Fee(s) 8. $ 0.00 Total Fees and Costs 9. $ 0.00 (d) Total Business Damages 10. $ 0.00 (e) Total of Other Costs 11. $ 0.00 List: Total Purchase Price (Add Lines 4, 5, 9, 10 and 11) $ 592,200.00 Total Global Settlement Amount (f) Portion of Total Purchase Price or Global Settlement $ 592,200.00 Amount to be paid to Seller by Buyer at Closing (g) Portion of Total Purchase Price or Global Settlement $ 0.00 Amount to be paid to Seller by Buyer upon surrender of possession or 703 575-030-m RIGHT mWAY 000-m/`6 Page zm^ Ui Conditions and Limitations (o) Seller is responsible for all taxes due on the property up to, but not including, the day of closing. (b) Seller is responsible for delivering marketable title 0oBuyer. Marketable title shall bedetermined according <o applicable title standards adopted by the Florida Bar in accordance with Florida Law subject only to those exceptions that are acceptable (oBuyer. Seller shall beliable for any encumbrances not disclosed inthe public records orarising after closing aaaresult ofactions ofthe Seller. (c) Seller shall maintain the property described in Section I of this agreement until the day of closing. The property shall be maintained in the same condition existing on the date of this agreement, except for reasonable wear and hear. (d) Any occupancy of the property described in Section | of this agreement by Seller extending beyond the day of closing must bepursuant toalease from Buyer hoSeller. (n) The property described in Section / of this agreement is being acquired by Buyer for transportation purposes under threat ofcondemnation pursuant toSection 337.25Florida Statutes. M Pursuant to Rule 14-10.004' Florida Administrative Code, Seller shall deliver completed Outdoor Advertising Permit Cancellation Form(s), Form Number 575-070-12, executed by the outdoor advertising permit holder(s) for any outdoor advertising structure(s) described in Section I of this agreement and shall surrender, or account for, the outdoor advertising permit iag(s)atclosing. (Q) Seller agrees that the real property described in Section | of this agreement uhmU be conveyed to Buyer by conveyance instmmenVm)acceptable toBuyer. (h) Seller and buyer agree that this agreement represents the full and final agreement for the herein described sale and purchase and no other agreements or representations, un|aom incorporated into this agreement, shall be binding onthe parties, (U Seller and Buyer agree that areal estate closing pursuant b»the terms ofthis agreement shall b*contingent on delivery by Seller of an executed Public Disclosure Affidavit in accordance with Section 286.23, Florida Statutes. |V. Closing Date The closing will occur nolater than 80days after Final Agency Acceptance. V. Typewritten orHandwritten Provisions Any typewritten or handwritten provisions inserted into or attached to this agreement as addenda must be initialed byboth Seller and Buyer. There ieanaddendum hxthis agreement. Page ____iemade apart ofthis agreement. LJ There ianot onaddendum 10this agreement. 704 575-030-07a RIGHT OF WAY OGC -- 10/16 Page 3 of 4 VL Seller and Buyer hereby acknowledge and agree that their signatures as Seller and Buyer below constitute their acceptance of this agreement as a binding real estate contract. It is mutually acknowledged that this Purchase Agreement is subject to Final Agency Acceptance by Buyer pursuant to Section 119.0711, Florida Statutes. A closing shall not be conducted prior to 30 days from the date this agreement is signed by Seller and Buyer to allow public review of the transaction, Final Agency Acceptance shall not be withheld by Buyer absent evidence of fraud, coercion, or undue influence involving this agreement. Final Agency Acceptance shall be evidenced by the signature of Buyer in Section VII of this agreement, Seller(s) Buyer State of Florida Department of Transportation Signature Date BY: Type or Print Name Signature Date Signature Date Type or Print Name and Title Type or Print Name VII. FINAL AGENCY ACCEPTANCE The Buyer has granted Final Agency Acceptance this _ day of BY: Signature Type or Print Name and Title Legal Review: Date Type or Print Name and Title 705 1 57.5-030-07 RIGHT OF WAY ADDITIONAL SIGNATURES OGG-12/09 SELLER(S): Signature Date Signature Date Type or Print Name — - Type or Print Name Signature Date Signature Date Type or Print Name Type or Print Name Signature _ Date Signature Date Type or Print Name Type or Print Name Signature Date Signature —� Date _ Type or Print Name Type or Print Name Signature Date Signature Date Type or Print Name Type or Print Name 706 Exhibit "A" Legal Description Real property in the City of Boynton Beach, County of Palm Beach, State of Florida, described as follows: THE EAST QUARTER OF LOT 8, SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE MAP OF TOWNSHIP 45 SOUTH, AND TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 4, PALM BEACH COUNTY PUBLIC RECORDS. LESS RIGHT OF WAY OF STATE ROAD 804, SECTION 93640-2601 AND THAT PART OF THE EAST QUARTER OF LOT 8, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 20; THENCE NORTH 01 DEGREES 34 MINUTES 01 SECOND WEST ALONG THE EAST LINE OF SAID SECTION 20, A DISTANCE OF 40.00 FEET; THENCE SOUTH 88 DEGREES 06 MINUTES 29 SECONDS WEST, A DISTANCE OF 106,75 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE CONTINUE SOUTH 88 DEGREES 06 MINUTES 29 SECONDS WEST, A DISTANCE OF 202.19 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 90 DEGREES 18 MINUTES 50 SECONDS AND A RADIUS OF 20.00 FEET, A DISTANCE OF 31.53 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF INDUSTRIAL AVENUE AS SHOWN ON BOYNTON INDUSTRIAL PARK AS RECORDED IN PLAT BOOK 25, PAGE 232, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 01 DEGREE 34 MINUTES 41 SECONDS WEST ALONG SAID EAST RIGHT OF WAY LINE OF INDUSTRIAL AVENUE, A DISTANCE OF 45.71 FEET; THENCE NORTH 87 DEGREES 52 MINUTES 12 SECONDS EAST, A DISTANCE OF 181,08 FEET; THENCE SOUTH 33 DEGREES 25 MINUTES 50 SECONDS EAST, A DISTANCE OF 78.11 FEET TO THE POINT OF BEGINNING AFORE DESCRIBED. 707 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PURCHASE AGREEMENT ITEM SEGMENT NO.: DISTRICT: FEDERAL PROJECT NO STATE ROAD NO.: COUNTY: PARCEL NO.: Seller: Cit v of Bovnton Beach, a Florida municipal corporation Buyer: State of Florida, Department of Transportation 231932-1 4 D420 038 B aA-95L(a)_Gateway Blvd. Palm Beach 704 575-03007ar RIGHr OF WAY OGIC 10/16 P,qje I of 4 Buyer and Seller hereby agree that Seller shall sell and Buyer shall buy the following described property pursuant to the following terms and conditions: I. Description of Property: (a) Estate Being Purchased: ❑ Fee Simple ❑ Permanent Easement 0 Temporary Easement ❑ Leasehold (b) Real Property Described As: Refer to attached Exhibit "A" Buildings, Structures, Fixtures and Other Improvements Owned By Others: N/A These items are NOT included in this agreement. A separate offer is being, or has been, made for these items. IL PURCHASE PRICE (a) Real Property 0.00 Land 0.00 Improvements 0.00 Real Estate Damages 1,200.00 (Severance/Cost-to-Cure) 1�200.00 Total Real Property (b) Total Personal Property (c) Fees and Costs Attorney Fees Appraiser Fees Total Fees and Costs (d) Total Business Damages (e) Total of Other Costs List: Total Purchase Price (Add Lines 4,5,9,10and ll) Total Global Settlement Amount (f) Portion of Total Purchase Price or Global Settlement Amount to be paid to Seller by Buyer at Closing (g) Portion of Total Purchase Price or Global Settlement Amount to be paid to Seller by Buyer upon surrender of possession or 1. $ 1-20Q OQ__ 2. $ 0.00 3. $ 0.00 4. $ 1,200.00 6. $ 0.00 7. $ 0.00 8. $ 0.00 9. $ 0.00 10. $ 0.00 111, $ 0.00 $ 1,200.00 $ 1�200.00 $ 0.00 708 575-030-07a RIGHT OF WAY OGC -- IM6 Page 2 of 4 Ill. Conditions and Limitations (a) Seller is responsible for all taxes due on the property up to, but not including, the day of closing. (b) Seller is responsible for delivering marketable title to Buyer. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar in accordance with Florida Law subject only to those exceptions that are acceptable to Buyer. Seller shall be liable for any encumbrances not disclosed in the public records or arising after closing as a result of actions of the Seller. (c) Seller shall maintain the property described in Section I of this agreement until the day of closing. The property shall be maintained in the same condition existing on the date of this agreernent, except for reasonable wear and tear, (d) Any Occupancy of the property described in Section I of this agreement by Seller extending beyond the day of closing must be pursuant to a lease from Buyer to Seller. (e) The property described in Section I of this agreement is being acquired by Buyer for transportation purposes under threat of condemnation pursuant to Section 337.25 Florida Statutes, (f) Pursuant to Rule 14-10,004, Florida Administrative Code, Seller shall deliver completed Outdoor Advertising Permit Cancellation Form(s), Form Number 575-070-12, executed by the outdoor advertising permit holder(s) for any Outdoor advertising structure(s) described in Section I of this agreement and shall surrender, or account for, the Outdoor advertising permit tag(s) at closing. (g) Seller agrees that the real property described in Section I of this agreement shall be conveyed to Buyer by conveyance instrument(s) acceptable to Buyer. (h) Seller and buyer agree that this agreement represents the full and final agreement for the herein described sale and purchase and no other agreements or representations, unless incorporated into this agreement, shall be binding on the parties, (i) Other: Seller and Buyer agree that a real estate closing pursuant to the terms of this agreement shall be contingent on delivery by Seller of an executed Public Disclosure Affidavit in accordance with Section 286.23, Florida Statutes. IV. Closing Date The closing will occur no later than 60 days after Final Agency Acceptance. V. Typewritten or Handwritten Provisions Any typewritten or handwritten provisions inserted into or attached to this agreement as addenda must be initialed by both Seller and Buyer, El There is an addendurn to this agreement. Page - is made a part of this agreement, 0 There is not an addendum to this agreement. 709 575-030-07a RIGHT OF WAY OGC — 10/16 Page 3 of 4 VL Seller and Buyer hereby acknowledge and agree that their signatures as Seller and Buyer below constitute their acceptance of this agreement as a binding real estate contract. It is Mutually acknowledged that this Purchase Agreement is subject to Final Agency Acceptance by Buyer pursuant to Section 119.0711, Florida Statutes, A closing shall not be conducted prior to 30 clays from the date this agreement is signed by Seller and Buyer to allow public review of the transaction. Final Agency Acceptance shall not be withheld by Buyer absent evidence of fraud, coercion, or undue influence involving this agreement. Final Agency Acceptance shall be evidenced by the signature of Buyer in Section VII of this agreement. Seller(s) Buyer State of Florida Department of Transportation Signature Date BY: Type or Print Name Signature Date Signature Type or Print Name VII. FINAL AGENCY ACCEPTANCE Date Type or Print Name and Title The Buyer has granted Final Agency Acceptance this _ day of BY: Signature Type or Print Name and Title Legal Review: Date Type or Print Name and Title 710 575-w0-07 RIGHT OF WAY ADDITIONAL SIGNATURES OGC - 12/09 SELLER(S): Signature Date Signature Date Type mPrint Name Type mPrint Name Signature Dote Signature Date Type orPrint Name Type orPrint Name Signature Date Signature Date Type mPrint Name Signature Dote Type orPrint Name Signature Dmbm Type or Print Name Type or Print Name Signature Date Type or Print Name Signature Date Type or Print Name Exhibit "A" Itern/Segrrient No. 2319321 Section 9.3220-2562 Temporary Easement Parcel No, 704 State Road 9 (1-95) Palm Beach County Description A portion of'Lot 1, Block 27, ROL1ANG GREEN RIDGE FIRST ADDITION, according to the Plat thereof, as recorded in Plat Book 24, Page 223, ofthe PublicRecords of Palm Beach County, Florida, lying in Section 16, Township 45 SOUth, Range 43 East, as shown on Sheets 4 and 7 oi' the Florida Department of Transportation Right of Way Map for State Road 9 (Interstate 95), Item/Segnient No. 231932 1, Section 93220-2562, being more particularly described as follows: C,'(.:)nnnence at the Southwest Corner of said Lot 1, also being a point on the Easterly 1.1,xisting Right ofWay line of NW I" Street; thence North 88'27'55" East along the South line of said 1.,ot 1, a distance of 6.67 feet to the POINT OF BE(;INNIN(--.j'; thence North (11°31'25" West, a distance of 24.80 feet,- thence North 87'13'49" F.;ast, a distance of 5.00 fLet; thence South 01'31'25" East, a distance of 24.91 feet to a point on the South line of said Lot 1; thence South 88'27'55" West along said South line, a distance of" 5.00 feet to the POINT OF BEGINNING. ( I 7ontaining 124 square feet, more or less. A temporary easement for the purpose of tying in and han-noi i i zing said property and the walkways, etc, to the roadway improvements to be constructed within the right of` way, together with the right of access, ingress and egress, and along with any other incidences necessary or convenient in connection with the construction to be undertaken by the Department. This tetriporary easement includes any excavation on the subject property required for the purposes stated herein. This Easement is granted upon the condition that the sloping and/or grading upon the above land sha.11 not extend beyond the lin-ins outlined above, including the right to ingress and egress, occupy, possess, and control the property for the stated purposes, to stage equipment for the stated purposes, and to act as the agent for the owner For pt.trposcs of applying for any necessary permits and/or approvals to accomplish the stated purposes. 'This Easement shall expire upon the completion of this transportation project but ),lot later than the last day oil' J Lily 2031. 712 575-030-12 RIGHT OF WAY FDOT OGG - 04/22 I 'lori( la,Departinent of7ransport ation RON DESAINTIS Nfice of RAght M "Way JARED W. PERDUE, P,1E. GOVERNIM 1,400 West Conumorcril Boulevwd SIECRUARY I (,I I I mld rtlalr, I I - -�,W) i2 I Donation of Property to the Florida Department of Transportation December 21, 2022 ITEM/SEGMENT NO.: 231932-1 . .. ........... . .... ...... ............. ---- MANAGING DISTRICT: 4 City of Boynton Beach, a Florida municipal --- . . ......... . . . — corporation F.A.P. NO.: D420 038 B - - - - - ------------------ ---- -- --------- P.O. Box 310 STATE ROAD NO.:9 �1-95� cry Gateway lvd. Boynton Beach, FL 33425 .... ... ...... COUNTY: Palm Beach PARCEL NO.: 117 INTEREST CONVEYED: Fee Simple Estate This is to advise that the undersigned, as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced project, desires to make a voluntary donation of said property or property interest to the State of Florida for the use and benefit of the Florida Department of Transportation. The undersigned hereby acknowledges that he/she has been fully advised by a Department representative of his/her right to have the referenced property or property interest appraised, to accompany the appraiser during the appraisal inspection of the property, to receive full compensation for the above referenced property, and to receive reimbursement for reasonable fees and costs incurred, if any. Having been fully informed of the above rights, I hereby waive those rights unless otherwise noted below. Owner's Signature Type or Print Property Owner's Name Street Address City, State, Zip Code Date 713 s75 -0x0-1, � RIGHT OF WAY F'DOT OGC - 04/22 Florida ent ol' tirn RON DESAmTIm 001� e �,A Pi -hl of Way JARED W.PERDUE, PE. G«VERmON 1400wm/cvmmm:Ha"u/,vmu SECRETARY Donation of Property tothe Florida Department ofTransportation ITEM/SEGMENT Dunembor21.2022 NO.: 231932-1 MANAGING DISTRICT: 4 City ofBoynton Beach, mFlorida municipal corporation F/4.P.NO.: D420U38B P.O. O Box 310 STATE ROAD ND.: Boynton Bemch, FL 33425 COUNTY: Palm Beach PARCEL NO.: 704 INTEREST CONVEYED: Ternporary Easement -rhi i�s to advise that the de interest referenced above and aashown om Right omWay maps for referenced project, desires 0omake avoluntary donation cfsaid property orproperty interest tothe State of Florida for the use and benefit of the Florida Department of Transportation, The undersignedh e/sbeen fu t to have the referenced property or property interest appraised, to accompany the appraiser during the appraisal inspection of the property, to receive full compensation for the above referenced property, and to receive reimbursement for reasonable fees and costs incurred, if any. Having been fully informed of the above rights, I hereby waive those rights unless otherwise noted below. Owner's Signature 'Type or Print Property Owner's Narne Street Address City, State, Zip Code 714 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION REQUEST FOR TAXPAYER IDENTIFICATION NUMBER City of Boynton Beach, a Florida municipal corporation P.O. Box 310 Boynton Beach, FL 33425 ITEM/SEGMENT NO.: 231932-1 MANAGING DISTRICT: 4 F.A.P. NO.: D420 038B 575-030-27 RIGHT OF WAY 10/16 STATE ROAD NO.: .9.(I--9§)__@ Gateway Blvd. ................. COUNTY: Palm Beach PARCEL NO.: 117/704 The Florida Department of Transportation will be acquiring, or has acquired property owned by you for a transportation project or will be processing a payment to you related to the above referenced parcel. Federal regulations require that we report this transaction to the Internal Revenue Service (IRS), therefore we must obtain Your correct 'Taxpayer Identification Number (TIN). If You fail to furnish Your correct TIN you may be subject to an IRS penalty. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines arid/or imprisonment. See the attached instruction for how to enter names and TINs. If YOU have any questions please let us know, Name Phone Number - - ----- Business — Name, -- -f d i - ff- e r e_ntfr_orna_b_ove______ - - --------- ---- - -------- Phon-e-N-6- m_- ber_ - - ---- --------- ... . ...... ---...... .... ....... . .. ........ . . . Address ' n u nn_b er, street, and apt. or suite no.) OWNERSHIP INTEREST El Sole Owner Ify, S"t, a fe', and ZIP IP Code--- - ------- EJ Part Owner with % interest E] Not Applicable (Vendor Only) ... ... . .. ...... ........ . ..... . .... ......... . ... -- - - ----- -------- -------------- ...... . ... . . ... ............ . ... . . .. . ....... . .... .................. --- TAXPAYER IDENTIFICATION NUMBER (TIN) For individuals, this is your social security number (SS): For other entities, it is Your employer identification number (EIN): If you do not have a TIN, see attached instructions for How to get a TIN. Below, choose one number that accurately describes the business or the individual. I - CORPORATION, PROFESSIONAL ASSOCIATION OR PROFESSIONAL CORPORATION (A corporation formed Under the laws of any state within the United states.) El 2 -NOT FOR PROFIT CORPORATION (Section 501(c)(3) Internal Revenue Code) [J_ 3 - PARTNERSHIP, JOINT VENTURE, ESTATE, TRUST OR MULTIPLE MEMBER LLC El 4 - INDIVIDUAL, SOLE PROPRIETOR, SELF EMPLOYED OR SINGLE MEMBER LLC 5 - NONCORPORATE RENTALAGENT 6 - GOVERNMENTAL ENTITY (City, County, State or U.S. Government) [J_ 7 - FOREIGN CORPORATION OR ENTITY (A foreign entity formed Under the laws of a country other than the United States.) If YES is Marked below, complete and attach Form W-8ECI. Is income effectively connected with business in the United States? [:]YES El NO El 8 - NONRESIDENT ALIEN (An individual temporarily in the U.S. who is not a U.S. citizen or resident.) CERTIFICATION Under penalties of perjury, I certify that the number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me). Sign Herea Date Title Email (optional) 715 I zl �Vlllllj The Florida Department of Transportation Office of Right of Way 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 SUBJECT: Request for Appraisal — Fee Owner Item/Segment #: 231932-1 State Road No.: 9/1-95 @ Gateway Blvd. County: Palm Beach Parcel No(s).: 117/704 Dear Mr. Poisson, I have requested and received a copy of the appraisal report upon which the offer to purchase my property is based. Name (Print) Signature Date 716 STA'rE OFemRD^DEmRTwsN-1 OFTRmNSPommm REPRESENTATIVE AUTHORIZATION State ofFlorida Department ofTransportation 54OOVV.Commercial Boulevard Fort Lauderdale, FL 33309 Attention: Carlos Martinez, District RicihiofWavManaoer Dear FDOTRight o/Way Manager: This is to advise You that I hereby authorize of ITEM/SEGMENT NO.: MANAGING DISTRICT: F.Ap,N0,: STATE ROAD N{l: COUNTY: PARCEL NO.: 231932-1 D420038B Palm Beach 117/704 b75430-02 RIGHI OF WAY 2/20 who was hired bymeowof to (indicate extent ofauthorization bymarking one orboth boxes aoapp|iomhle): [] Represent me inall future dealings in the above referenced project and parcel(s). El Accept service of process in my behalf concerning any legal proceedings in eminent domain which may ensue. OWNER(S)/TENANT(S): ignature Printed Name Signature Date Printed Name This isiuadvise you that |amauthorized Uzrepresent City ofBoynton Beach, aFlorida municipal corporation of in the napaoity(ieo) set forth above. |C11am0]amnot amember ofthe Florida Bar. g | will accept service ofprocess. NOTE: This document must benotarized Jthe agent is not emember ofthe Florida Bar but ioauthorized (naccept service nf process. STATE orFLORIDA couTvoF Representative Signature Date The foregoing instrument was acknowledged before mobymeans m uphysical pmeon000ruonxnanotarization, mis______ day m by as for (Name of per�on) (Type of authority) (Name of party on behalf of whom instrument was executed) Signature of Notary Public — State of Florida Print, Type, mStamp Commissioned Name ofNotary Public Personally Known onProduced Identification Type of Identification Produced ______ Representative Printed Name Representative Address 717 AN APPRAISAL OF PARCEL 117/704 THE OFFICE BUILDING LOCATED AT 2191 N. SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA 33435 231932-1-117/704CLP STATE ROAD 9 (INTERSTATE 95 AT GATEWAY BOULEVARD) ITEM/SEGMENT # 231932-1 STATE PROJECT # 93220-2562 CONTRACT # DOC78 C&P FILE NO. 22-83776 PREPARED FOR. MR. VICTOR RAMOS DEPUTY RIGHT-OF-WAY MANAGER - APPRAISAL FDOT DISTRICT FOUR AS OF OCTOBER 5, 2022 BY CURTIS L. PHILLIPS, MAI CALLAWAY & PRICE, INC. 718 Callaway, & Price, In Real Estate Appraisers And Consultants Licensed Real Estate Brokers I TREASURE COAST Please respond to Space Coast office 1803 South 2601 Street E -Mail., c' j) jWhLis(WudsawgiiLidlidcocon _yL SOUTH FLORIDA Fort Pierce, FL 34947 1410 Park Lane South October 17, 2022 Fax (772) 461-0809 Suite 1 Stuart 704. The parent tract is located at the Southwest comer of the signalized Jupiter, FL 33458 intersection of N. Seacrest Boulevard and Gateway Boulevard within the Phone (561) 686-0333 Mr. Victor Ramos Fax (561) 686-3705 Deputy District Right -of -Way Manager — Appraisal Michael R. Slade, MAI, SRA, CRE Florida Department of Transportation, District Four Cert Gen RZI 16 3400 West Commercial Boulevard, m.slade@callawayandprice.com Fort Lauderdale, FL 33309 Stephen D. Shaw, MAI, Al-GRS Cert Gen RZ1 192 s.shaw@callawayandpdce.com RE: State Road 9 (Interstate 95 at Gateway Blvd) Managing District Four Robert A. Callaway, MRICS Item/Segment # 231932-1 County: Palm Beach Cert Gen RZ2461 State Project # 93220-2562 Parcels 117/704 r.callamray@callawayandprice.com Contract # DOC78 TREASURE COAST 1803 South 2601 Street Dear Mr. Victor Ramos: Suite 1 Fort Pierce, FL 34947 Phone (772) 464-8607 1 have completed an analysis of the fee simple acquisition known as Parcel Fax (772) 461-0809 117 and the temporary construction easement acquisition known as Parcel Stuart 704. The parent tract is located at the Southwest comer of the signalized Phone (772) 287-3330 Fax (772) 461-0809 intersection of N. Seacrest Boulevard and Gateway Boulevard within the Stephen G. Neill, Jr., MAI City of Boynton Beach. The assigned street address is 2191 N. Seacrest Cert Gen RZ2480 Boulevard, Boynton Beach, FL 33435. The parent tract is improved as an s.neill@callawayandprice.com office building. SPACE COAST 1120 Palmetto Avenue Parcel 1] 7 is a strip acquisition along Gateway Boulevard that encompasses Suite I the majority of the parent tract site area and includes the entirety of the Melbourne, FL 32901 Phone (321) 726-0970 existing building improvements. Parcel 704 is a small rectangular temporary Fax (561) 686-3705 acquisition at the driveway of the parent tract at the southwest corner of the Curtis L. Phillips, MAI site. The parent tract will be further described within the -following appraisal Cert Gen RZ2085 report. The purpose of this investigation and analysis was to provide, an c.ptiillips@callawayandprice.com opinion of the market value of the parent tract. The purpose of this CENTRAL FLORIDA investigation and analysis was to provide an opinion of the Market Value of 2816 E. Robinson Street the Fee Simple Estate of the part acquired, plus cost to cure (if applicable), Orlando, FL 32803 damages, and special benefits to the remainder, if any. Phone (321) 726-0970 Fax (561) 686-3705 Curtis L. Phillips, MAI This report has been prepared for our client, FDOT District Four. The scope Cert Gen RZ2085 of work performed is specific to the needs of the intended user and the c.phillips@r-allawayandprice.com intended use. No other use is intended, and the scope of work may not be appropriate for other uses. The scope of work perfort-ned in this appraisal included a complete analysis of the parent tract. A detailed scope of work description can be found in the body of this report. 719 Mr. Victor Ramos Deputy District Right -of -Way Manager — Appraisal Florida Department of Transportation, District Four October 17, 2022 Page 2 and market conditions, it is our opinion that: The Market Value of the Fee Simple Estate oft e part acquired known as Parcel 117, plus damages to the remainder, if any, as of October 5, 2022, was: $582,800 The Market Value of the Temporary Construction Easement (TCE) known as Parcel 704 as of October 5, 2022 was: $1,200 This letter must remain attached to the report, which contains 98 pages, plus related exhibits, in order for the value opinion set forth herein to be considered valid and relied upon. I certify that the appraisal services herein have been reviewed for compliance by Curtis L. Phillips and conform to USPAP, FDOT Supplemental Standards, and other contract requirements. A description of the property appraised, together with an explanation of the valuation procedures utilized, is contained in the body of the attached report. For your convenience, an Executive Summary follows this letter. Your attention is directed to the L,imiting Conditions and underlying assumptions upon which the value conclusions are contingent. CALLAWAY & PRICE, INC. Curtis L. Phillips, MAI Cert Gen RZ2085 CLP/W:/FD0T-FiIes/FD0T District 4/#93220-2562 Gateway/Subject Folders/83776 P 117/704 Attachments 720 ... . ... ..... Curtis L. Phillips, MAI Cert Gen RZ2085 CLP/W:/FD0T-FiIes/FD0T District 4/#93220-2562 Gateway/Subject Folders/83776 P 117/704 Attachments 720 1.00-CERTIFIC ATE OF VALUE FLORIDA DEPARTMENT OFTRANSPORIATION CERTIFICATE OF VALUE I certify to the best of my knowledge and belief, that: 1. 'The statements of fact contained in this report are true and correct. 1 'The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, unbiased, professional analyses, opinions, and conclusions. 1 1 have no present or prospective interest in the property or bias with respect to the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. My engagement in this assignment was riot contingent upon developing or reporting predetermined results. 4. 1 have not performed 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. 5. 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 Stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 6. My analyses, opinions, or conclusions were developed, and this report has been prepared in conformity with the Uniftirm Standards of Professional Appraisal Practice, and the provisions of Chapter 475, Part 11, Florida Statutes, 7. 1 have made a personal inspection of the property that is the subject of this report, and I have afforded the property owner the opportunity to accompany me at the time of the inspection. I have also made a personal field inspection of the comparable sales relied upon in making this appraisal. 'The subject and the comparable sales relied upon in making this appraisal are represented by the photographs contained in this appraisal. 8. No persons other than those named herein prrnided significant real property appraisal assistance to the person signing this certification. (The name of each individual providing significant assistance must be stated on an addendum to this certificate, together with a statement of whether- such individual is a state registered, licensed or certified appraiser and, if so, his or her registration, license oi- certification number.) 9. l understand that this appraisal is to be used in connection with the acquisition of'right-of-way for a transportation facility to be constructed by the State of lorida with the assistance of Federal -aid highway hinds, or other Federal or State funds, 10. 'This appraisal has been made in conformity with the appropriate State laws, regulations, policies and procedures applicable to appraisal of right-of-way for transportation purposes-, and, to the best of my knowledge, no portion of the property value entered on this certificate consists of items which are non -compensable Lander the established law of the State of Florida, 11, 1 have not revealed the findings or results of this appraisal to anyone other than the proper officials or the Florida Department of' 'Transportation or officials of the Federal Highway Administration, and I will not do so until so authorized by State officials, or until I am required by due process of law, or until I am released from this obligation by having publicly testified as to such findings, 11 Regardless of any stated limiting condition or assumption, I acknowledge that this appraisal report and all maps, data, summaries, charts and other exhibits collected or prepared under- this agreement shall become the property of the Department without restriction or limitation on their use. 11 Statements supplemental to this certification, required by membership or candidacy in a professional appraisal organization, are described on an addendum to this certificate and, by reference, are made a part hereof Based upon my independent appraisal and the exercise of nay professional judgment, my opinion of the Market Value of tile Fee Simple Estate of the part acquired, including net severance damages after special benefits, if any, of the property appraised as of the 5111 day of October 2022 is: $582,800. Market Value should be allocated as follows: Land $___2_42 99() band Arca 2J14S1qpaNfqg Improvements Ar AD Land Use (HABU as vacant) Commercial Net Damage &/Or Cost to Cure 137 _90Q Total 5k2ffljQ . ............. . . . . . ............................................... . . . . ...................................................................................................................................... . . . ................... .._.,.,w — — ------ October 17, 2022 ........... . . . ................................ — - — - — ____ -- . . ................................... . . ............... ILiate Curtis Phillips, MAI Cert Gen RZ285 ............. . ......... 3 721 . . . .......... ""' 231932-1 State Road .... .... ....... 9 &Interstate 95 at atewa�y Blvd9, CountN . ............. . . . . .. Palm deach' Manaygipg "�)istrict . ... ... Four FAP No. Parcel o. . . . . .......... . .................... . 117 I certify to the best of my knowledge and belief, that: 1. 'The statements of fact contained in this report are true and correct. 1 'The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, unbiased, professional analyses, opinions, and conclusions. 1 1 have no present or prospective interest in the property or bias with respect to the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. My engagement in this assignment was riot contingent upon developing or reporting predetermined results. 4. 1 have not performed 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. 5. 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 Stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 6. My analyses, opinions, or conclusions were developed, and this report has been prepared in conformity with the Uniftirm Standards of Professional Appraisal Practice, and the provisions of Chapter 475, Part 11, Florida Statutes, 7. 1 have made a personal inspection of the property that is the subject of this report, and I have afforded the property owner the opportunity to accompany me at the time of the inspection. I have also made a personal field inspection of the comparable sales relied upon in making this appraisal. 'The subject and the comparable sales relied upon in making this appraisal are represented by the photographs contained in this appraisal. 8. No persons other than those named herein prrnided significant real property appraisal assistance to the person signing this certification. (The name of each individual providing significant assistance must be stated on an addendum to this certificate, together with a statement of whether- such individual is a state registered, licensed or certified appraiser and, if so, his or her registration, license oi- certification number.) 9. l understand that this appraisal is to be used in connection with the acquisition of'right-of-way for a transportation facility to be constructed by the State of lorida with the assistance of Federal -aid highway hinds, or other Federal or State funds, 10. 'This appraisal has been made in conformity with the appropriate State laws, regulations, policies and procedures applicable to appraisal of right-of-way for transportation purposes-, and, to the best of my knowledge, no portion of the property value entered on this certificate consists of items which are non -compensable Lander the established law of the State of Florida, 11, 1 have not revealed the findings or results of this appraisal to anyone other than the proper officials or the Florida Department of' 'Transportation or officials of the Federal Highway Administration, and I will not do so until so authorized by State officials, or until I am required by due process of law, or until I am released from this obligation by having publicly testified as to such findings, 11 Regardless of any stated limiting condition or assumption, I acknowledge that this appraisal report and all maps, data, summaries, charts and other exhibits collected or prepared under- this agreement shall become the property of the Department without restriction or limitation on their use. 11 Statements supplemental to this certification, required by membership or candidacy in a professional appraisal organization, are described on an addendum to this certificate and, by reference, are made a part hereof Based upon my independent appraisal and the exercise of nay professional judgment, my opinion of the Market Value of tile Fee Simple Estate of the part acquired, including net severance damages after special benefits, if any, of the property appraised as of the 5111 day of October 2022 is: $582,800. Market Value should be allocated as follows: Land $___2_42 99() band Arca 2J14S1qpaNfqg Improvements Ar AD Land Use (HABU as vacant) Commercial Net Damage &/Or Cost to Cure 137 _90Q Total 5k2ffljQ . ............. . . . . . ............................................... . . . . ...................................................................................................................................... . . . ................... .._.,.,w — — ------ October 17, 2022 ........... . . . ................................ — - — - — ____ -- . . ................................... . . ............... ILiate Curtis Phillips, MAI Cert Gen RZ285 ............. . ......... 3 721 100 -CERTIFICATE OF VALUE IMIMMMM FLORIDA DEPARTMENT OF TRANSPORTATION CEK11FICATEOF VALUE . . . ................. . . .......... _2�3123.2.4` State Road 9 (interstate 95 at GatewaN ,Blvd) Countv ............ . .,_--....----_11............ . . . . . . ............ Palm Beach "aLdrig.District. J- I "1 111. 1 - - Four _ ---111111111111-11I.- . . . .......... . w_._.... PAP No.N/A ...... . . . . .......Pare . ........... ................ c i o I.............. Y6,�F . ........ .11,11, ................... . I certify to the best of'my knowledge and belief, that: 1. 'rhe statements of fact contained in this report are true and correct. 2 The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, unbiased, profbssional analyses, opinions, and conclusions. 3 1 have no present or prospective interest in the property or bias with respect to the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. My engagement in this assignment. was not contingent upon developing or reporting predetermined results. 4. 1 have not performed 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. 5. My compensation for completing this assignment is not contingent. upon the development or reporting ot'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. 6My analyses, opinions, or conclusions were developed, and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice, and the provisions of'Chiypter 475, Part .11, Florida Statutes, 7. 1 have made a personal inspection of'the property that is the subject of this report, and I have m'forded the property owner the opportunity to accompany me at the time of the inspection. I have also made a personal field inspection of` the comparable sales relied upon in making this appraiKil. The subject and the comparable sales relied upon in making this appraisal are represented by the photographs contained in this appraisal. & No persons other than those named herein provided significant real property appraisal assistance to the person signing this certification. (The name of each individual providing significant assistance must be stated on an addendurn to this certificate, together with a statement of'whether such individual is a state registered, licensed or certified appraiser arid, if so, his or her registration, license or certification number.) 9. 1 understand that this appraisal is to be used in connection with the acquisition of'right-ol'-way for a transportation facility to be constructed by the State of Florida with the assistance ofFederal-ond highway funds, or other Federal or State funds. 10. This appraisal has been made in conformity with the appropriate State laws, regulations, policies and procedures applicable to appraisal of right-ofway for transportation purposes; arid, to the best of my knowledge, no portion, of the property value entered on this certificate consists of items which are non -compensable under the established faiv of the State of Florida. If. I have not revealed the findings or results of this appraisal to anyone other than the proper officials of the Florida Department of Transportation or officials of the Federal Highway Administration, and I will not do so until so authorized by State officials, or until I am required by due process of law, or until I am released from this obligation by having publicly testified as to such findings. 11 Regardless of any stated limiting condition or assumption, I acknowledge that this appraisal report and all maps, data, summaries, charts and other exhibits collected or prepared under this agreement shall become the property of the Department without restriction or limitation on their use. 13. Statements supplemental to this certification, required by membership or candidacy in a professional appraisal organization, are described on an addendum to this certificate and, by reference, are made a part hereof. Based upon my independent appraisal and the exercise of my professional judgment, my opinion of the Market Value or the part acquired, including net severance damages after special benefits, if any, of the property appraised as of the 5" day of October 2022 is: $1,200. Market Value should be allocated as follows: Land 1 249Q Land Area 12,4 " ' Improvements .... . . . ... Land Use (HABU as vacant) ComrIpPro; ial Net Damage &/Or Cost to Cure 'Q Total LM ......... . ......... ....... .......... ......... . ......... ...... . ........ . .......... . ....... . ............ . .. ........... ............................. ...................... .. ......... October 17, 2022 poi", z�,, .......... ... ... ........................ . .......................................................... _C, u riii-Ph'i"flips, M " X I ............................. . . . . . ..... Cert Gen RZ2085 . .................................. . ...................... 2 722 . .......... . ............. ............. . ..... . ....... . Addendum to Certificate f WIM � AM MWA I certify that, to the best of my knowledge and belief, the reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly zuthorized representatives. As of the date of this report, Curtis Phillips, MAI has completed the continuing education program of 071 Appraisal Institute. Curtis Phillips, MAI, Cert Gen RZ2085, has met the requirements of continuA education for the state certification. The expiration date of my license is November 30, 2024. 1 I have made a personal inspection of the property that is the subject of this report and I have afforded tM property owner the opportunity to accompany me at the time of tile inspection. I have also made personal field inspection of the comparable sales relied upon in making this appraisal, The property th is the subject of this report along with comparable properties relied upon in making this appraisal are represented by the photographs contained in this appraisal. David J. Boggs, Cert Gen RZ3691, and Ryan M. Powell, Cert Gen RZ3684, provided significant professional appraisal assistance which included inspection of the parent tract, researching the overall market, compiling data, assembling research and entering data. The expiration date of the license of David J. Boggs, Cert Gen RZ3691 is November 30, 2022. The expiration date of the license of Ryan M. Powell, Cert Gen RZ3684 is November 30, 2024. The reader is referred to the appraiser's qualifications in the addenda of this report. I am fully competent to complete this assignment based upon knowledge and past experience involving a wide variety of property types and appraisal problems including multi -parcel assignments for eminent domain purposes. The reader is referred to the appraisers' quacations in the Addenda of this report. I have retained sub -consultants to assist in various specialties when applicable. Michael F. Sexton, PE, PSM, of Sexton Engineering Associates, Inc. provided a parcel sketch, engineering report and quantities. Eddie Heffin, GC, Gen Con, provided cost expertise. Doug Kelly, AICP, CSI of England-Thims & Miller, Inc. provided land planning services. E 723 110 -TABLE OF CONTENTS Table of Contents Pale,„No. 100 -CERTIFICATE OF VALUE....................................................................................................3 100 -CERTIFICATE OF VALUE....................................................................................................4 ADDENDUM TO THE CERTIFICATE OF VALUE....................................................................4 115A -GENERAL ASSUMPTIONS................................................................................................7 11513 -LIMITING CONDITIONS....................................................................................................8 120 -SUMMARY OF SALIENT FACTS......................................................................................10 130 -TYPE OF APPRAISAL AND REPORT FORMAT..............................................................12 140 -PURPOSE, INTENDED USE, AND INTENDED USER OF THE APPRAISAL ............... 12 150 -MARKET VALUE DEFINITION.........................................................................................13 160 -PROPERTY RIGHTS OR INTEREST APPRAISED...........................................................13 175 -SCOPE OF WORK EXTENT OF PROCESS OF COLLECTING, CONFIRMING AND REPORTINGDATA.....................................................................................................................14 180 -APPRAISAL PROBLEM DISCUSSION..............................................................................16 200 -IDENTIFICATION OF PROPERTY AND LEGAL DESCRIPTION..................................16 220 -DESCRIPTION OF AREA AND NEIGHBORHOOD.........................................................17 230 -DESCRIPTION OF PROPERTY, PHOTOGRAPHS, AND SKETCHES ............................39 PARCEL SKETCH - PARENT TRAC”I'......................................................................................56 235 -EXISTING TRANSPORTATION FACILITY DESCRIPTION...........................................60 240 -ZONING & LAND USE PLAN.............................................................................................61 250 -ASSESSED VALUE, TAXES, AND SPECIAL ASSESSMENTS.......................................62 260 -HISTORY OF PROPERTY...................................................................................................63 270 -EXPOSURE TIME.................................................................................................................63 280 -PUBLIC AND PRIVATE RESTRICTIONS.........................................................................63 300 -HIGHEST AND BEST USE ANALYSIS.............................................................................64 302 -HIGHEST AND BEST USE CONCLUSION.......................................................................66 305 -APPROACHES TO VALUE USED AND EXCLUDED......................................................67 310-LAND-VALUATION............................................................................................................67 LANDADJUSTMENT GRID......................................................................................................70 ANALYSIS OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS .......... 71 335 -SALES COMPARISON APPROACH..................................................................................74 340 -COLLECTION OF COMPARABLE SALES.......................................................................74 345 -SALES ADJUSTMENT GRID..............................................................................................76 350 -ANALYSES OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS .77 355 -INDICATED VALUE BY SALES COMPARISON APPROACH......................................78 390 -RECONCILIATION OF VALUE INDICATIONS AND FINAL VALUE ESTIMATE .....79 395 -ALLOCATION OF LAND, BUILDINGS, STRUCTURES, AND OTHER IMPROVEMENTS........................................................................................................................79 400 -DESCRIPTION OF THE PART ACQUIRED......................................................................80 450 -VALUATION OF PART ACQUIRED..................................................................................81 500 - VALUATION OF THE REMAINDER AS PART OF THE WHOLE...............................82 640U -895U PURPOSE OF APPRAISAL REMAINDER UNCURED........................................83 640C -PURPOSE OF APPRAISAL OF REMAINDER AFTER THE ACQUISITION ...............84 680C -APPRAISAL PROBLEM FOR REMAINDER CURED....................................................84 730C -DESCRIPTION OF REMAINDER CURED......................................................................84 5 724 Table of Contents 740C-ZONIN'G, LAND USE PLAN, CONCURRENCY ............................................................. 84 750C-PROPOSEI)TRANSPORTATION FACILITY DESCRIPTION ...................................... 84 775C -EFFECT OF AC UISITION ON REMAINDER CURED .......................................... i. ... .. ........ .... ........................................................ ................. 995 -SUMMARY OF VALUES .................. ............................ - ................... ................ .......... 90 490 -VALUATION OF TEMPORARY EASEMENT ACQUIRED ................................ ........... 92 996 -ADDENDA ........................................................ .......... ..................................... .................. 98 m 725 . . ........................................... . ..... . . ____ . ...... _ ---- - -- General Assumptlons & Urniting Er nditians unless 0 1 'Iel".e apPCTnT7g= 0 Opinion or Tne Market Value or the Value Defined AS OF THE DATE SPECIFIED. Market Value of real estate is affected by national and local economic conditions and consequently will vary with future changes in such conditions. 2. The value opinion in this appraisal report is gross, without consideration given to any Nncumbrance, restriction, or question Of title, unless specifically defined. This appraisal report covers only the property described and any values or rates utilized are not to be construed as applicable to any other property, however similar the properties might be. 4. It is assumed that the title to the premises is good-, that the legal description is correct; that the improvements are entirely and correctly located on the property described and that there are no encroachments on this property, but no investigation or survey has been made. This appraisal expresses our opinion, and employment to make this appraisal was in no way contingent upon the reporting of predetermined value or conclusion. 6. No responsibility is assumed for matters legal in nature, nor is any opinion of title rendered. In the performance of our investigation and analysis leading to the conclusions reached herein, the statements of others were relied on. No liability is assumed for the correctness of these statements. 7. Neither all nor any part of the contents of this report (especially any conclusions, t identity of the appraiser or the firm with which he is connected, or any reference to t Appraisal Institute or any of its designations) shall be disseminated to the public throu advertising rnedia, public relations media, news media, sales media or any other publ means of communication without our prior written consent and approval. I 8. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render it more or less valuable. I assume no responsibility for such conditions or the engineering which might be required to discover these factors. 9. My opinion of value was based on the assumption of competent marketing a management regarding the parent tract. If there is no competent marketing a management, then the value contained herein may not apply. I 10. This report has been prepared for our client, FDOT District Four. The purpose of this investigation and analysis was to provide an opinion of the Market Value of the Fee Simple Estate of the part acquired for acquisition purposes. I have utzed client provided plans and exhibits along with the data gathered from public records sources, my physical inspection, and information provided by the sub -consultants, if any, to describe and 7 726 11. Any map, sketch, or exhibit in this report may show approximate dimensions and is included to assist the reader in visualizing the property. Maps, sketches, and exhibits found in this report are provided for reference purpose only. No guarantee of any exhibit's accuracy is expressed or implied unless otherwise stated in this report. In making such exhibits, I have relied upon client provided plans and exhibits along with the data gathered from public records sources, my physical inspection, and information provided by the sub -consultants, if any. A slight site size discrepancy exists between the client provided site size and the Palm Beach County Property Appraiser's records. I have relied upon the client provided site size herein. 12. No survey was provided to the appraiser. The building dimensions on the Palm Beach County Property Appraiser website are similar to field measurements taken during inspection and building measurements shown on the FDOT right-of-way maps. As such, I have relied upon the building size from the Palm Beach County Property Appraiser, 13. No interior access could be coordinated with the tenant. As such, I have not complet-M an interior inspection of the parent tract building improvements. It is unknown wh degree of movable and immovable FF&E is located within the parent tract buildin Therefore, no allocation for movable or immovable FF&E was made for the parent tra, The sales analyzed herein are similar style office buildings which contain an amount immovable FF&E that should be similar to the parent tract. MovableFF&E is typica not included the sale of real estate. I reserve the right to amend this appraisal and provi an allocation of FF&E if interior access is allowed in the future. I 11513 -LIMITING CONDITIONS I have provided an opinion of the value ofthe remainder Linder the hypothetical condition that the proposed transportation facility has been completed according to the contract plans and said facility is open for public use. The hypothetical condition might have an effect on the assignment results. 2. It is an extraordinary assumption of this appraisal assignment that the interior finish of the parent tract's office building is of average quality and in average condition, similar to the average quAition of its exterior. No interior inspection could be coordinated with the tenant. We reserve the right to amend this appraisal if interior inspection is allowed and the interior finish is found to be substantially different than what is assumed from the exterior. IMEMEM it. Unless otherwise stated in this report, the existence of hazardous substances, includi without limitation stachybotrys chartarum (mold), asbestos, polychlorinated biphenyl mi petroleum leakage, or agricultural che cals, which may or may not be present on t I 727 property, or other environmental conditions, was not called to my attention, nor did become aware of such during the inspection. I have no knowledge of the existence such materials on or in the property unless otherwise stated-, however� I arn not qualifie to test for such substances or conditions. If the presence of such substances, such asbestos, urea formaldehyde foarn insulation, or other hazardous substances environmental conditions, may affect the value of the property, the value conclusion i predicated oil the assumption that there is no such proximity thereto that would cause loss in value. I am unaware of very wet conditions that may have existed for days weeks which are required to grow mold. No responsibility is assumed for any suc conditions, orfior any expertise or engineering knowledge required to discover them. I 5. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. 1 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 I have no direct evidence relating to this issue, possible non- compliance with the requirements of A I)A in concluding the value of the property has not been considered. 6. USPAP Standards Rule I-41~ states, "When analyzing, anticipated public or private improvements, located on or off the site, an appraiser must analyze the effect on value, if any, of such anticipated improvements to the extent they are reflected in the market actions." Florida Statue 73.071, Paragraph 5 and CFRTit1e 49, Section 24.103, Paragraph 2b, state that the projject influence will be excluded from the property valuation. This statement establishes a hypothetical condition within this appraisal. Oj 728 �g)� ffill, 1 61 . ......... Summary of Salient Facts 120 -SUMMARY OF SALIENT FACTS PROPERTY TYPE : Professional Office Building OWNER/ADDRESS City of Boynton Beach, a Horida municipal corporation P.O. Box 310, Boynton Beach, FL 33425 so= LOCATION The parent tract is located at the southwest comer of the signalized intersection of N. Seacrest Boulevard and Gateway Boulevard within the City of Boynton each. It has a street address of 2191 N. Seacrest Boulevard, Boynton each, FL 33435w A PERSONS ATTENDING INSPECTION PROPERTY DESCRIPTION October 17, 2022 October 5, 2022 October 5, 2022 Curtis L. Phillips, MAI and Ryan M. Powell of Callaway and Price attended the inspection which occurred on October 5, 2022. Flugo Solano of AECOM and Eddie Herrin of Gen -Con, associates of Sexton Engineering were also present for the October 5, 2022 inspection. The inspection consisted of inspecting all portions of the parent tract site and home that were physically and legally allowed to the appraiser. Only an exterior inspection was conducted. No interior access could be coordinated. LAND The following land sizes are taken frn the FDOTright® of' -way map. The parent tract size, Parcel 117 size and Parcel 704 size are provided in square feet and rounded to acres to the third decimal place. Due to insignificant rounding, the acres shown will not convert tote exact square feet provided by the right-of-way map. PARENT TRACT PARCEL 117 PARCEL 704 0.337 acres (14,696 square feet) 0.223 acres (9,714 square feet) 0.003 acres (124 square feet) 0. 114 acres (4,982 square feet) W 729 BUILDING W1211 HIGHEST AND BEST USE AS IF VACANT AS IFIMPROVED ROAD FRONTAGE -Summary of Saftent Facts Type: Professional Office Building Net Leasable Area: 1,316 square feet Storage Area: 95 square feet Gross Building Area: 1,411 square feet Construction: Concrete block Stories: One Units: One Year Built: 1959 Condition: Above Average C1, Office Professional, by City of Boynton each : OC, Of Commercial, by City of Boynton Beach : Commercial development such as office. Continue existing use of improvements as an office building. Per FDOT right-of-way maps: 2033 1 is on Gateway Boulevard 75.98 feet on N. Seacrest Boulevard 55.84 feet on NW I" Street ACCESS The parent tract has one asphalt -paved driveway at the southwest corner of the parent tract that connects with NW I" Street. This driveway provides bidirectional access with NW I" Street. NW I' Street is a two-lane paved residential roadway that intersects with Gateway Boulevard at the northwest comer of the parent tract. EXISTING MEDIAN OPENINGS: A raised concrete median is located along the Gateway Boulevard frontage of the parent tract. No medians are located along the N. Seacrest Boulevard or NW I't Street frontages oft e parent tract. OCCUPANCY Tenant (Boynton each Faith Based Community Development Corporation) ON PREMISE SIGNS : None ODA SIGNS None OTHER SIGNIFICANT FACTS None 11 730 The parent tract will be further described within the following appraisal report. This appraisal report is intended to comply with the reporting requirements as set forth under Standards Rule 2- 2(a) of the Uniform Standards of Professional Appraisal Practice for appraisals. As such it only presents discussions of the data, reasoning and analyses that were used in the appraisal process to develop my opinion of value, Supporting documentation concerning the data, reasoning, and analyses is retained in the file. The depth of the discussion contained in this report is specific to the needs of the client and for the intended use stated in this report. This is confirmed by prior agreed upon Scope of Appraisal and Project Contract #DOC78, between Florida Department of Transportation (FDOT) District One and Callaway and Price, Inc. and by Letter of Authorization 424 dated July 21, 2022 which served as the original Notice to Proceed. The Dictionary of RealEstate Appraisal, Seventh Edition 2022, by the Appraisal Institute, defines I lypothetical Conditions on page 92 as follows: 1. "A condition that is presumed to be true when it is known to be false." 1 "A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results but is used for the purpose of analysis." "Hypothetical conditions are contrary to known facts about physical, legal, or economic characteristics of the Subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis." I have provided an opinion of the value of the remainder Linder the hypothetical condition that the proposed transportation facility has been completed according to the contract plans and said facility is open for public use. The hypothetical condition might have an effect on the assignment results. Purpose of Appraisal: Intended User: A Develop and report an opinion of Market Value Acquisition of right of way Florida Department of Transportation 12 731 Introduction & Premises of Appraisal "Value as used in eminent domain statute, ordinarily means amount which would be paid for property on assessing date to willing seller not compelled to sell, by willing purchaser, not compelled to purchase, taking into consideration all uses to which property is adapted and might reasonably be applied." Eq�e-Simile Estate The Dicti ar of Real Estate Apjj�Lqits ,111,111,111,111,'ll,�m.. �', - - --.1— _41, Seventh Edition 2022, by the Appraisal Institute, defines Fee Simple Estate on page 73 as follows: "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat." No non realty items have been illClUded in my valuation. No adverse easements or encumbrances impact the fee simple estate as discussed in Section 280, Public and Private Restrictions. I ................................... . . . . . . ...... ....... -11111- —11-11- 13 732 AND 11EPORTING DATA According to the 15th Edition of The A j?pnaisat,,,of Real Estate, page 75, "In the valuation process, the identification of the assignment elements leads directly into the deten-nination of the scope of work of an assignment, i.e., the type and extent of research needed to solve a appraisal problem. Professional valuation standards place the responsibility for determining the appropriate scope of work in an appraisal assignment squarely on the shoulders of the appraiser. The scope of work for an assignment is acceptable if it leads to credible assignment results, is consistent with the expectations of parties who are regularly intended users for similar assignments and is consistent with what the actions of an appraiser's peers would be in the same or a similar assignment." The first step in the appraisal process involved defining the appraisal problem which included the purpose and date of value, determining the interest being appraised, intended use and user of the appraisal, and identifying the real estate (legal description). This step also determined if the appraisal were subject to any extraordinary assumptions or hypothetical conditions. The appraisal is subject to both a hypothetical condition and an extraordinary assumption. General assumptions and limiting conditions are discussed in Section I I 5AB. The next step involved the exterior inspection of the parent tract. No interior inspection was available. The inspection allowed me to understand the physical components of the property. In addition to the inspection of the parent tract, I also began the data -collection process and, subse,*uently. an analpsis of the factors that affect the market value of the %arent traLt�i a market area analysis, neighborhood analysis, and property data analysis. I gathered and reviewed information from the client, SUb-consultants (if any), Palm Beach County Property Appraiser's Office, and appropriate local zoning and building departments. I relied upon my database, public records, and subscribed data sources for property and sales information. Sources used in obtaining sale and rental information included public records, MLS, Costar, Crexi, MapWise, LoopNet, other appraisers, prior Callaway and Price appraisals, local real estate agents, developers, local property managers, and local market participants. Market data gathered included sales of vacant and improved competing properties. All of the sales data used in this appraisal was verified by personal or phone interviews with the property owners, principals to transactions, brokers, persons knowledgeable of the sale, or public officials. I have inspected the parent tract as well as inspected and verified all sales used in this analysis. The third step in the process was to determine the Highest and Best Use of the parent tract as vacant and as improved. Through the I lighest and Best Use analysis, I determined the issues that influence the final opinion of value. To determine the Highest and Best Use, I relied on information obtained from the data -collection process. The fourth step is the application of the appropriate approaches to value. Only the Sales Comparison Approach to value is utilized for the valuation of the parent tract as if vacant and valuation of the parent tract as improved. The Cost Approach is not applicable for the parent tract, due to the age of the improvements and difficulty estimating all forms of depreciation and M1 733 obsolescence. The Income Approach is also not applicable for the parent tract, as market participants do not rely on this approach for small single -tenant office buildings, since they are to,pi aUj w v ,,--purchased for owner occu)ancyi. Additionallo the parent tract is currentig encumber d by a non -arm's length below market lease and no actual expenses were provided for the parent tract. As such, the Income Approach is hot applicable for the parent tract. The Sales Comparison Approach is used to value the parent tract's land for allocation put -poses in the before and part acquired sections. Nearby commercial land sales were researched and compared to the parent tract. The Sales Comparison Approach was also used to analyze the as improved value of the parent tract by researching sales of other office building properties that compete with the parent tract. 'rhe Sales Comparison Approach has as its premise a comparison of the parent tract with sales of similar utility that have sold in the recent past. To indicate a value for the parent tract, ad , jUfstments are made to the comparables for physical differences from the parent tract. Isorne time has elapsed between the date of sale and the date of the appraisal, adJustments may be needed to recognize any value changes that may have Occurred in the intervening tirne span. The more similar a comparable sale is to the parent tract, the fewer and smaller the ad.justments, will be and the more reliable the value conclusion. Elnough sales data exists for the appraiser to produce a reliable value indication for the parent tract as vacant and as improved. Only the Sales Comparison Approach is applicable for the parent tract. Affected site improvements within the part acquired area are considered and valued based upon their contributory value, if any. A valuation of the land and any affected site improvements is completed and utilized to value the pail acquired. A Cost to Cure is developed to replace the impacted site improvements, if necessary, or to achieve the remainder property's highest and. best use. An analysis of the parent tract, parts acquired., and remainder property are completed to determine if any damages exist. 15 734 . . .......... Identificatidn Of Property The appraisal problem was to determine the Market Value of the parent tract. The appraisal of the parent tract is in its Current condition, and the appraisal of the remainder presumes that the proposed transportation project is in place and operating. The value of the part acquired as part of the whole will be concluded. Damages, cost -to -cure, and special benefits, which off -set damages, will also be considered. The appraisal assignment involves valuation of the parent tract in conjunction with eminent domain proceedings. The parent tract is improved with an off -ice building. Parcel 117 is a strip acquisition along Gateway Boulevard that encompasses the majority of the parent tract site area and includes the entirety of the existing building improvements. Parcel 704 is a small rectangular temporary acquisition at the driveway of the parent tract at the Southwest comer of the site. The appraisal problem included researching office building sales of'comparable properties and comparing them to the property in the before and remainder. A valuation of the land is completed and utilized to value the part acquired. Site improvements within the acquisition are also valued within the part acquired section and based on their contributory value. The remainder as part of the whole is compared to the remainder cured to determine if damages exist. The effect of the acquisition will be discussed in greater detail further herein. 200 -IDENTIFICATION OF PROPERTY AND IAF GAL The parent tract is located at the southwest corner of the signalized intersection of N. Seacres'4 Boulevard and Gateway Boulevard within the City of Boynton Beach. The assigned stree) address is 2191 N. Seacrest Boulevard, Boynton Beach, FL 33435. The parent tract is located within Section 16, Township 45 South, Range 43 East, Palm Beach County. The acquired properties are known as Parcel 117 and Parcel 704. A lengthy legal description is included in the Addenda of this report. The source of the legal description is from the title work provided by FDOT. A location map is located below. 16 735 - - -------- 16 735 Description of Area & Neighborhood 220 -DESCRIPTION OF AREA AND NEIGHBORHOOD Area Data --® Palm B.ea.Ch.Coqnjy 17 736 ..-. ..------- _--- —------ ............__-------- _............ Description of Area & Neighborhood Introduction Economic, governmental, environmental, and social forces directly affect a property's highest and best use and, thus, its value. To accurately reflect such influences, it is necessary to examine the past and probable future trends that may affect the economic structure of the market area and evaluate their impact on the market potential of the Subject. In our analysis, we have also included selected data on Broward and Miami -Dade Counties. These two counties along with Palm Beach County are defined as "South Florida", Geography Palm Beach County is located on Florida's southeast coast 250+ miles south/southeast of Jacksonville and 50+ miles north of Miami. It is bounded by Martin County to the north, Broward County to the south, Hendry and Glades Counties and Lake Okeechobee to the west, and the Atlantic Ocean to the east. The county has 45± linear miles of coastline, measured north to south, with a width of 53+-\ miles measured from east to west. It contains approximately 2,387 square miles of area, of which 1,974+\- square miles is land area, with the remaining 412+\- square miles being water area. The water area includes a portion of Lake Okeechobee, which is the largest freshwater lake inside the State. The county varies geographically, with beach resorts and urban areas along the Atlantic Coast, preservation areas, agricultural areas, and Lake Okeechobee to the west. Urban and suburban developments generally extend 6 to 15 miles inland. The average elevation is 15 feet above sea level and the terrain is sandy flatland with occasional, gently sloping, coastal ridges. The climate is subtropical with an average temperature of 75+\- Fahrenheit. Prevailing winds come from the east/southeast and the average yearly rainfall is 62+\- inches. The climate, known for mild winters due to its proximity to the warm Gulf Stream currents of the Atlantic Ocean, is a major factor contributing to the county's growth. Population Over the past two decades, virtually every economic sector in Palm Beach County has grown because of population increases. According to data from the U.S. Census Bureau, the county's 2000 population was 1,132,134, up roughly 31 % from the 1990 population of 863,503. The data from 2021 shows a population of 1,497,987, which reflects about a 32.3% increase from the 2000 population. Over the long term, population will remain relatively stable and will continue to increase, as it remains a popular destination for all age groups. The following chart shows population changes for Palm Beach County and neighboring counties from 2010 to 2021. Palm Beach County is the third most populated county in Florida. County, 2010 Population 2021 Population Increase Broward 1,748,066 1,930,983 10.5% Palm Beach 1,320,134 1,497,987 13.5% Miami -Dade 2,496,435 2,662,777 6.7% 737 Palm Beach County is composed of 38 municipalities, as well as unincorporated areas. The manic lipalities within Palm each County are listed below, City of Atlantis Town of Highland Beach Town of Ocean Ridge City of Belle GI ade Town of Hypoluxo City of Pahokee City of Boca Raton Town of Juno Beach Town of Palm Beach City of Boynton Beach Town Of Jupiter City of Palm Beach Gardens Town of Briny Breezes Town of Jupiter Inlet Colony Town of Palm Beach Shores Town of Cloud Lake Town of Lake Clarke Shores Village of Palm Springs City of De I ray Beach 'Town of Lake Park City of Riviera Beach Town of Glen Ridge !0ty of Lake Worth .Village of Royal Palm Beach Village of Golf Jown of Lantana City of South Bay ity Gre nacres c of Fown of Loxahatchee Groves 'Town of South Palm Beach Town of Gulfstream Town of Manalapan Village of Tocluesta Town of Haverhill Town of Mangonia Park 'Village of Wellington Village of North Palm Beach 'City of West Palrn Beach With little room for further growth, other than int -ill remaining along the coastal sections, L� significant westward growth has occurred over the last l3 to 20 years to the west in communities Such as Wellington, Royal PaIrn Beach and the Acreage. The City of West Palm Beach is the County seat and the largest municipality with an estimated population of H7,286 as of 2021. The rollowing table lists the county's largest Municipalities, showing their current population, recent growth and location within the county: 19 738 so M W 004 M1 011,16 2494 2002 2046 240& 2008 2914 2412 ''4J14 2019 NO 'X211 „,"P,bl;! SIV' ld 'nas lmfic«ak,' 0 �!'H, e ns , ;ad ax.^, w uksice U,> Balm of kiln t ahth;s ieed.sthils —Org The following chart displays the trend in per capita personal income in Palm Beach County. ,., baa dt9 R��e�n�rt gh?A:RSrvv,�&�",hdN«v+.11 Paa;19rZdt^,y,fl '�2.Giny KOO i iJl aa'a3 000 m M, I11r a896aJI ....�,, %rV `Y"Wh fl,fi6« HN O 1i",N'" 2 W- A'OVA ef4SW NO x i8�a'rv'.'1n UNJ (W(I M Rafl:2a, i fel usavfm Cr.. C"i9dmu biITECCCMMICA ,'a &'tlbulw-I The table below detailsi Beach, Browarda year 2010 compared year 2020. ...�......µ.... Per Income ......,...,.� PalmBeach $55,078 $87,47 58.830 Broward $41,156 $55,908 3 .840 Source: U.S.Bureau ofEconomic Analysis. 740 Description of Area G Neighborhood It should also be noted that Palm Beach County is in the top five in per capita income in the State of Florida. The average per capita income in 2020 for all of Florida was $55,675. The Business Development Board (BDB) of Palm Beach County has successfully worked to attract new industries to Palm Beach County. Through its efforts, the Board of County Commissioners has approved a Job Growth Incentive Fund to support relocating and expanding companies. Since 1993, more than 225 company relocations and expansions assisted by the Business Development Board resulted in the creation of over 22,000 jobs and added in excess of $4 billion to the Palm Beach County economy. The charts below indicate the top employers in the goods producing and service producing industries in Palm Beach County from the Palm Beach County's Business Development Board from 2020 to 2021. GOZODS CIt fnah" 2.auafn W�.nwmmty 5.waaem t w"o of t hcd R'ra 0". w,rau°Wd."Chfl, presents dm. uCromq'g G v6Muanww, . of IS. wUnt66'a'tm. ^Y"llp„ o" Il xp+„'8n.u.0.lyr. ABm4'w.¢amsS, h Ula CoUrt65 hem. m'aafWy of.pra doa.'a rl, 7ilp9 1. it's &.1itic:11 Led. us sry rWua rnad;w. 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SERVICE PROVIDING 9"halb p.aaiM.dBm -4prirorr.v.,itreS., munu.B .n.k %»us..0'anuwwn gym.. y1wtu°uro-ru.5phity 62,,323 -1-nalm. Hww Id'I�.Vxwi '4'Wrs.uav-'k d".,ao-.aaaU 4&v:mnn: �. nnRvgJ'$pv fa'""^�'•d wu�mSm -A 1-4.- l.m4v. auerrwVi.,.. y,xu.udn oa:Vdud ..a.„aana'~ atk1u.r uaw'" n,ua ro^Ip»,wu mlmcwug�g Ouster of u:amwvuq,i.uap;mr.riu ttw fm'amsI'd 4ww fwurm4. ...,d`1111 -W 11116wx troy. Ilg~'wf,a aalu.u;gt�rur w.dm.a.a % wnro - than W.„2aR4 ra:aa .rotl.. 118.4- 4.r d, MCum.S,frea.'k. Ne" �.f Qlm, �wna,,f.a aw.rrwm8a^;:amvumuNwwd"xRmm."r .m.:p,'u.0ar'yd.w`..'en Umat-'k'N46ch ul. un%y. yt,e^ Ft 4°.Mm Mrvna.Wd+f"d.amu°rvty.° Srh on @ of Are^dkk 22,,1J'Mwv arl-Rdrircn M"-Iriv NrWid" . County M,..mom'vwmmvty R1 ..m. 5 aod,d6U N.5w9w y (v'. U"..auI FIRIe V. 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Fl.'sm RV 0""'xWSmn'+my' pw- 5".h SW" 3.10 .'.kW" College'W0.401ms'po rt flog&' o m M* d4..G ceps - Xama m: ra'%Asuraawaico, 2."119 k,Wd';a•,.4naut 2.ureo 2.saufVa 2 'V 33 56h2V' or U 9 rvu...mV.u'w Lkect f b Iun 31052 WooMt cwim Risc.Ras a" 5'000 108 ul 4h a.Gel, W...k Ph. fW.a,ry,' h ,u,".,IIpw d4q tth Ir- d„.,.umman vy d uu 2,3100 Wf04*11 d` tow f':K.wu K 282'* H -ft C.- Mueritisix 611-d 2.000 Office -efo.t4s%, O'Ka'r R640i, 5 1516 y Gil nR Yu.�'n.u,iflp U -:.p m4;;ne .mr�kth C.,rrrwa d 11, 51,610 R 290 ",y „. V„,Vr°y� M2nua amw uruw:'+re `'ROw.ua @*at:uuro &Rfae��ly.lud• Uuw uVa.�.vw 2e kw6.n. 1m'uk' 71. poq: ,e,,O 4"«0'1,3" 11" meet Cftim'f°'dwWide, 1 W;d'tt� Wv mmavw dm40.rrmme,'r.a f„-ew:w . "tl R02a W11 d;ggherF+.dr,armeeI p.4'e W'ta "im 5P2W5W M6..$fU Camo M 0t,ivora 3.0W WSa.xdkmay^R a„wdod'ly tiA &I. S..wa"aa «a.mmmav'M1 axt.wr..,M asraa«xawm,.+mawm ua,,ww,mast^m"b'luwm.'arke 22 741 1111111 P] I III iii III III III ' / I, I iii 5 111 1 / 11111 1 — 1'he trend in the anneal average wage in Palm Beach County is shown. in the following chart. a n% Beach County r tall Averag Wage 10105-2.020 $'u'sbs 'VR N"IW,;Ww'u VIR 2C*6 IWR 7I4X ; VA 2'.4V18 W, ,. X"1i� `"'K �""10, 114 2011 °N'. 2011 i°7, ' ')I $ R `CKYd 94 ?c) "', VIT d" °c( fR ?G17, "P°7 2014 VA, YR Housm�, The chart below illustrates new housing units authorized by building permits in Palm Beach County for the years 2005 to the third quarter of 2021. Palm Beach County experienced a slight rise in total building activity between 2001 and 2003, due to the significant increase in both multi -family and single-family units. As can be seen, the county experienced a gradual decline in total building activity from 2007 to 2011. There was a sharp decline starting in the first quarter of 2007 in both the single family and multiple -family units. Since 2011, total housing units generally have begun to rise. Housing has long been an important component of the Palm Beach County economy and is expected to remain generally stable to increasing in the near term. Year Single Family Units Multiple Family Total Units 2006 4,426 � 3,911 8,337 2007 2,033 905 2,938 2008 1,202 592 1,794 2009 1,102 165 1,267 23 742 2010 ��.,810 1,248 258 1,506 2011 ._......._...201.2 ..._ ...�..............12,181 ... 692 .. 2,502 _........... 2,314 4,495 2013. 2,756 2,554 5,310 20144,049 ........_.... ... _.....................�µ�µ 3,213 ....... 7,262 2015 3,737 1,984 5,721 2016 3,780 3,557 7,337 20172,245 �._ � 1,337 � 3,582 2018 3,004 1,896 4,900 2019 3,1852,442 mm 5,627 2020 ........_...____2021 3,920 _,wwwwwwwwwwwwww 2,846 6,766 4,674 3,727 $,40.1w.w..._. Source: Reinhold P. Wolff Economic Research, Inc 4 I Quarter 2017 and Palm Beach County Business Development Board The following graph is produced by Florida Realtors and illustrates the trend in the median sale price for single family homes in Palm Beach County from 2010 to 2021. s"Cm 1•:CF�. The above graph uses the data in the following chart. lzl 743 Description of Area G Neighborhood Palm Beach Fashion Outlets A major project in the county is the 80 -acre property located at the northeast quadrant of Palm Beach Lakes Boulevard and 1-95. This site was formerly home to the Palm Beach Mall which at one time housed approximately 1,500,000 square feet of retail space and is now currently redeveloped with a new outlet mall. Upon foreclosure under Simon ownership, Orix seized ownership of the mall in December 2009 and in turn the mall was acquired by New England Development. New England Development transformed the Palm Beach Mall into the Palm Beach Fashion Outlets, which includes several high-end outlet stores and nearly 1,000,000 square feet. The fashion outlet center opened in February 2014. Scrjp Research Institute In 2003, it was announced that the Scripps Research Institute (SRI) planned on developing a research and development facility in Palm Beach County. The site consists of 30 acres of land within FAU's Abacoa campus and 70 acres on the 682 -acre Briger parcel. FAU donated the 30 25 744 M717=rfleir ca"05- C ana the County purchased an additional 40 acres from the Briger tract for $16 million. The Town of Jupiter and the City of Palm Beach Gardens each offered $3 million. Jupiter agreed to help develop Phase I and Palm Beach Gardens agreed to help develop Phase 11. This portion of the site is currently undeveloped. The eastern portion of the Briger tract, is now known as the Alton tract. The latest planned housing would go on Alton's westernmost section, Parcel G. Of the 206 acres there, 9.6 are planned for community park land and about 88 acres will be lakes and natural preserves, including an archaeological site. A number of projects within the larger Alton tract are in various stages of construction and sellout including a 361 -unit multifamily project called Atlantico, in the tract's town center section, and another 360 -unit section of single- and multifamily homes. Biq1qchDeYe!Qp epts The Max Planck facility on the Florida Atlantic University campus will create 1,824 jobs and $2.4 billion in labor compensation over a 20 -year period and generate $5.3 billion in gross state product over the same period. The state funding cornes as a match to nearly $93 million pledged by Palm Beach County to help Planck establish a research facility in Jupiter, where it will continue work on bio -imaging and high-resolution microscopy. The MUnich-based society has more than 75 institutes and three addonal research facilities worldwide employing more than 12,000 employees, and 10,000 junior scientists and guest scientists. It is one of the world's leading groups focusing on basic research. Additionally, Scripps has attracted a few smaller life science research facilities' Such as: Oxbow and Sky Esi River, which are located in West Palm Beach. Each employ approximately 200 employees. According to the United States Department of Agriculture's "2012 Census of Agriculture" (thv most recent available, with the 2017 Census being reported in February 2019), Palm Beach County is the largest agricultural producing county in Florida, with approximately 25% of the county's total land mass in agricultural production. This is down about 2% from the "2007 Census of Agriculture" and reflects the residential and commercial growth in the western areas. Palm Beach County is also the l4th largest county in the nation in terms of value of its crops, representing $2+\- billion in economic impact to the county's economy and encompassing approximately 39% of the total land in the county, commercial agriculture is one of our major core industries and employer. Palm Beach County is the leading county in the United States in sugar production. Florida is the number one producer of bell peppers, cucumbers, eggplant, herbs and Chinese vegetables. Other 745 crops grown include tomatoes, squash, specialty peppers and beans. Lastly, the county ranm is second in the nation for sweet corn production. E In 1894, Henry Morrison Flagler extended his railroad to Palm Beach and opened the Royal Poinciana Hotel, beginning Palm Beach County's fame as a vacation area. Its balmy breezes, subtropical climate, and 45+\- miles of ocean beaches, pristine and unique native environment, the second largest freshwater lake in the nation (Lake Okeechobee), 160+\- golf courses, more than 1,100 tennis courts, over 30 marinas, and 230 hotels are only a portion of what Palm Beach County has to offer, making it one of the nation's top tourist destinations. Palm Beach County is internationally known as a golfing center and has been called the "Golf Capital of the World." The county has 164+/- golf courses, more than any other county in the United States. It houses the headquarters of the Professional Golfers' Association in Palm Beach (3ardens and as noted earlier Golf'Digest Magazine will also establish its national golf training headquarters at the Mirasol planned development. Four Major League Baseball (MLB) teams call Palm Beach County home during Spring Training. These teams are the Miami Martins, St. Louis Cardinals, Houston Astros and Washington Nationals. In 2017, Palm Beach County delivered Florida its second two -team MLB Spring Training Complex with the development of Ballpark of the Pahn Beaches. Located in West Pahn Beach, the Ballpark of the Palm Beaches is the spring training home of the Houston Astros and Washington Nationals. The Palm Beaches represents Florida's only county that maintains two, two -team complexes. In total, four of the 15 MI -B teams participating in Florida's Grapefruit League are playing baseball in The Palm Beaches. Palm Beach County is home to the Winter Equestrian Festival which is held in the western community of Wellington for 12 weeks each year. This festival has operated in Palm Beach County for nearly three decades. The Village of Wellington has numerous equestrian facilities, which include Palm Beach Polo, Palm Beach International Center and numerous otheL-expestrian facilities, which collectively have 2,600 stalls. The equestrian industry has an estimated economic impact of $553 million dollars. The Palm Beach County Tourist Development Council promotes county tourism via a, bed tax on hotel rooms. The Council reports revenue based on their fiscal year, which is October through September and these are the figures being reported. A comparison of bed taxes for the time period of 2016 ($47,118,186) to 2017 ($48,534,859) revealed a 3.01% increase in tax revenue. In 2018, bed tax revenue was $53,827,955 which is an increase of 10.91% from 2017. Bed tax revenue was $54,202,757 during 2019 which is a 0.70% increase from 2018. Bed tax revenue was $43,311,722 during 2020 which is a -20.09% decrease from 2019. Bed tax revenue was $51,004,689 during 2021 which is a 17.76% increase from 2020 and a -5.90% decrease from 2019. Revenue had been increasing since 2009, but the Covid-19 Pandemic adversely affected tourism more recently during 2020. However, the release of the vaccine and helped tourism rebound during 2021. M111 746 . ......................... . . . .w..._.........._..._._ Description of Area & Neighborhood mom= Major highways form a grid system across the developed eastern quarter of Palm Beach County. Florida's Turnpike, Interstate 95 (1-95), State Road A- I -A, U.S. HighwayHighway area. 1-95 is the primary north/south thoroughfare through eastern Palm Beach County and extends its entire distance. Over the last few years, several widening projects have been completed over sections of 1-95. Further, construction on various sections of 1-95 is occurring and is expected to continue for the next 5 to 10 years. Florida's Turnpike runs parallel and to the west of 1-95 and provides north/south access to points west of the immediate coastal areas. The Turnpike provides high-speed access to points between Wildwood and Homestead, with Palm Beach County interchanges in Jupiter, Palm Beach. Gardens, the Beeline Highway, West Palm Beach, Southern Boulevard, Lake Worth, Boynton Beach, Delray Beach, and Boca Raton. A new interchange at Jog Road, West Palm Beach, is nearing completion. I Tvc;3L V currently there are no east/west limited access roads. This is expected to change within the n�xt five to seven years. Southern Boulevard (State Road 80) is the primary traffic artery linking the coastal cities with the "Glades" area in western Palm Beach County and the west coast of Florida. It is primarily a four -lane thoroughfare that extends westerly from the Town of Palm Beach to the "Glades" area of western Palm Beach County. It has an interchange at 1-95. The $300 million expansion Of Southern Boulevard frorn Interstate 95 to Forest Hill Boulevard was completed in the 3rd quarter of 2008. The Southern Boulevard project included five highway - style interchanges at Australian Avenue, Military Trail, Haverhill Road, Jog Road and State Road 7. Work on the county's first east -west expressway started in 2000 at Australian Avenue and took 8 years to complete. and the remainder of Amtrak's USA rail network. South Florida's commuter rail system, Tri -Rail, began service in January 1989. ne system runs between West, Palm Beach and northern Miami -Dade County, where commuters can connect to Miami -Dade County's Metrorail. Each county along the route provides free bus service between the fifteen stops and various employment and shopping districts. Tri -Rail was designed as an alternative to 1-95 during its widening project and beyond. Brightline began its introductory service on January 81h, 2018. The initial service will run from West Palm Beach to Miami. The second phase of service will include service from South Florida to Orlando. W41 747 capacity.Florida, as its buses and trains typically operate at less than as delays due to construction on 1-95 appear and rising gas prices have had a major positive impact on public transportation. Tri -Rail services Palm Beach., Broward and Miami -Dade Belle Glade. The North County facility was completed in 1994 to ease the small plane congestion at PBIA. Boca Raton was upgraded and expanded in the early 1990s and can handle large corporate jets. Total passenger volume of PBIA from 2019 -to 2021 is shown in the following chart, Palm h International Airport asses Id ail JAN FES M S htFYF44 � JUL SEE .. T ., ��' p ®2D19 533,636 ...rc5a9536 755„53B 710.9 539,45)7u 359,9$b 4a5.'rr3 552„595ry 63 924 416 47i 113,6277 190,762 2 7,1 �C3292t 279'553 26a„t 64 46x9,135 52 ?1 59,95P337 11 351,774 45518,535 576,672 625,419ik Smirca: Palm Beach Intpmationa€ Atrnort The Port of Palm Beach in Riviera Beach is the fourth busiest container port in Florida and is the main export point for sugar and other agricultural products. It is also home to Palm Beach County's foreign trade zone. The Port is a self-sufficient entity that has not had to rely on taxes. It is the number one exporter of raw sugar in the United States. In addition to cargo, the port is home to the Palm Beach Princess, which is a "cruise to nowhere” gambling ship. The Port of Palm Beach completed construction of its Skypass project, the elevating of U.S. Highway 1 over Port Road. This allows rail and truck traffic unrestricted access into the Port and links the Port's 65 -acre wharf area in the east with 100 acres of support industries in the west. The Port plans to increase dock space by adding an additional slip of 1,500 linear feet to handle vessel traffic. In addition, the Port's $40 million cruise terminal/marine office complex and parking garage was completed in early 2002. Services Medical facilities are adequate throughout the county, with special units at many hospitals. A number of hospitals have or are constructing satellite medical facilities in growing areas such as west Boynton Beach and the Acreage. 29 748 Palm Beach Regional Hospital in Lake Worth and JFK Medical Center in Atlantis merged in 1995 and the former closed. Columbia Hospital in West Palm Beach and JFK Hospital have undergone and continue to undergo major expansions. Other major hospitals include Jupiter Medical Center, Palm Beach Gardens Medical Center, Boca Raton Community Hospital, Wellington Regional Medical Center, Palms West Hospital, also in Wellington, and the VA Hospital in Riviera Beach. The Palm Beach County school system provides public education through the l2th grade. Public junior college education is available at Palm Beach Community College, a two-year school located in Lake Worth with branch campuses in Palm Beach Gardens, Boca Raton, and Belle Glade. Bachelor's degrees and graduate studies are offered at Florida Atlantic University (FAU), Palm Beach Atlantic College, Lynn University, Northwood University and a branch of Barry University. FAU, the largest of these schools, is a state institution located in Boca Raton, with L� auxiliary campuses in northern Palm Beach, Broward and St. Lucie Counties. FAU has an honors college campus on a 135 -acre site in the Abacoa development in Jupiter, Palm Beach County's Population in the long term will continue to increase primarily due to the county's climate and the propensity of northerners to relocate in Florida. The previous economic slowdown negatively affected Palm Beach County in terms of new construction, local economic conditions, unemployment rate and tourism. However, the economy has rebounded, and positive growth is occurring. As the Population grows, more supporting commercial, service and industrial development will be required. Continued growth, fueled by "in -migration," appears to be in Palm Beach County's ffiture. Steadily growing demand combined with a finite supply of developable land creates a positive environment for real estate over the long term. In the short run, we expect continued growth. Palm each County's growth prospects are relatively stable over the long haul and the general atmosphere is one of optimism for Palm Beach County. 30 749 . . . .......... . . . - Description of Area & Neighborhood IMIUMMM The relationship of the Subject Property with surrounding properties forrns the basis of neighborhood analysis. T 'he A isall-of ReqJ---Rs-t,q1-e1, 15th Edition on page 141 states: "The boundaries of market areas, neighborhoods, and districts identify the areas that influence a subject property's value. These boundaries may coincide with observable changes in land use or demographic characteristics. Physical fbatures Such as structure types, street patterns, terrain, vegetation, and lot sizes help to identil.� land use districts. Transportation arteries (highways, major streets, and railroads), bodies of water (rivers, takes, and streams), and changing elevation (hills, mountains, cliffs, and valleys) can also be significant boundaries." In the case of this appraisal assignment neighborhood boundaries are identified by the physical boundaries and surrounding land uses. N9Lqhbqrhood Boundaries Neighborhood boundaries, as shown on the map below are: North HypolUxo Road South Boynton Beach Boulevard East U.S. Highway I (Federal I lighway) West Military Trail . . . .................... . ...... . . ................................................................. . .. . .. . ................................. ................. . .. . . . .. A, Sol, cactle VJJ ona", "�pffAJG.ry Yon Macha 4 9 t4141 I . . . ....... Law -/&—/ to tow W,W CIINJI'n H""W"m a 1, c, 31 750 . . . . . .. . . .......................... . ..... ..... ................ __1-------___--- ............. ..... Description of Area & Neighborhood The majority of the neighborhood comprises portions of the City of Boynton Beach. The northeast portion of the neighborhood contains areas of the Town of Hypoluxo, and various portions of the neighborhood contain pockets of areas of unincorporated Palm Beach County. Boynton Beach is the third most populated city in Palm Beach County. The neighborhood is south of Lantana, Lake Worth and West Palm Beach and north of Delray Beach and Boca Raton. It is located in southeast Palm Beach County and is about two miles west of the Atlantic Ocean. The neighborhood is urban in nature and virtually fully built out with a variety of uses including single-family residential, multi-fannily residential, commercial, industrial and institutional. It is part of the Miami metropolitan area, or the Tri -County Area, which includes Miami -Dade, Broward and Palm Beach counties. The Tri -County Area is the most populous in Florida and the second largest in the southeastern United States. Mqjpr,Rpadways/Tran )ortation/Utilities/Communily,,,,5��rvices ... . ......... . . . ... . . . ......... . . ................ . Major north -south roadways include Federal Highway (U.S. Highway 1), Interstate 95 (1-95), Congress Avenue and Military Trail. Both U.S. Highway I and 1-95 parallel the eastern seaboard of Florida. Congress Avenue provides access from Boca Raton to West Palm Beach. Military Trail provides access firorn Broward County to Jupiter. Major cast -west roadways include Hypoluxo Road, Gateway Boulevard and Boynton Beach Boulevard. All of these roadways essentially travel the east -west extent of development in Boynton Beach from U.S. Highway I to Florida's Turnpike/State Road 7. Only Boynton Beach Boulevard has an interchange with Florida's Turnpike to the west of the neighborhood. The neighborhood has good linkage. It has three interchanges with 1-95 which are located at Hypoluxo Road, Gateway Boulevard and Boynton Beach Boulevard. 1-95 contains ten lanes in the neighborhood and provides high-speed travel opportunities to Fort Lauderdale and Miami to the south and West Palm Beach to the north. Tri -Rail and Brightline also serve the neighborhood. They are commuter rail lines that also link the neighborhood to Fort Lauderdale and Miami to the south and West Palm Beach to the north. Tri -Rail has a Boynton Beach station zt the northwest quadrant of Gateway Boulevard an 1-95. The two closest causeways over the Intracoastal for access to the barrier island/beach areas for the neighborhood are Ocean Avenue (southeast of neighborhood), just southeast of Boynton Beach Boulevard, and Ocean Avenue (northeast of neighborhood), just southeast of Lantana Road. 'rhe closest inlet to the neighborhood is Boynton Inlet which lines up with the approximate latitude of Gateway Boulevard. Several public beach parks are located east of the neighborhood on the barrier island. The neighborhood has access to utilities including municipal water and sewer, electricity, gas and cable/internet. All municipal services, including police and fire protection, public library facilities, garbage and trash collection, are available to most properties within the neighborhood from either the City of Boynton Beach or Palm Beach County. Bethesda Memorial Hospital is located just south of the neighborhood on Seacrest Boulevard and provides medical services to the RNII 751 community. The neighborhood has excellent access to public elementary, junior high, and high schools in Boynton Beach, as wefl as a variety of private and church supported schools in the area. The neighborhood has adequate infrastructure, transportation and -community services for the existing development. QqyqJp41 !gn!�ftqp0s, Boynton each historically has been considered a retirement oriented community. However, the city has grown rapidly over the past several years, and the average age of the population has decreased. The City of Boynton Beach has experienced a population increase of 17.4% from 2010 to 2021. Growth and value appreciation have been occurring for both commercial and residential properties in the neighborhood. Development originated near U.S. flighway I and has been expanding westward towards Florida's Turnpike to the west of the neighborhood. Areas cast of Interstate 95 and west of Federal Highway in the neighborhood are older and established properties, Newer development is located west of Interstate 95. Existing structures are being demolished where new development is occurring in the neighborhood. Like its sister cities of Delray Beach, West Palm Beach and lake Worth, officials of Boynton Beach have realized that downtown Boynton Beach could be a major asset to the city and a redevelopment eff'ort is underway, All the above cities have had government led redevelopment of their respective downtowns. As a result, property values increased in these areas. Boynton Beach seeks to mirror this success in their city. The City of Boynton Beach started its redevelopment plan of the downtown area with th* Promenade Parke and the Marina Village mixed use project. These projects include a marina with boat slips, condominium apartments, strect-level commercial and retail shops, a parking garage and boardwalks through the mangroves to the Intracoastal Waterway. Marina Village was completed in 2006 while another large-scale mixed-use project called Casa Costa was completed in 2008 at the northeast comer of East Boynton Beach Boulevard and North Federal I lighway. This project added an additional 393 condominium apartment units and street -level retail space to the area, Construction was completed in 2017 on a new mixed-use project called 500 Ocean located on the southwest comer of Federal Highway and Ocean Avenue. This project includes 341 luxury rental apartments, 13,300 square feet of retail, 6,600 square feet of retail space and a 664 -space integrated parking garage. The City of Boynton Beach redevelopment agency's board agreed to provide funding of $4.4 million over a 10 -year period after project completion, using taxes created by the project. 33 752 A 111UT-C MCCELL eNUM ' ff Beach redevelopment agency's board to encourage revitalization of the downtown, eastern portion of the neighborhood includes the Town Square project at the southeast comer of Boynton Beach Boulevard and Seacrest A new development known as The Pierce is planned in the southeast portion of the neighborhood at H 5 North Federal Highway. It is an $80 -million redevelopment project that is planned for an eight -story building that will contain 236 apartment units (of which H 8 units are set aside for workforce housing reserved for those making 60% to 120% of the area's median income). The project will also include 46,800 square feet of restaurant, office and retail. space as well as a 600 -spot parking garage. The project will be located on 2.28 acres. Construction is planned to begin in 2023 and completion is projected for some time in 2024. 34 753 While much of the area east of 1-95 is =A I �771% � undergoing revitalization with government incentives, areas west of 1-95 contain much of the neighborhod's retail/shopping areas with national retailers and big box developemm. Shopping for the neighbrhood is concentrated on Congress Avenue in between Gateway Boulevard and Boynton Beach Boulevard. This area includes the 1,101,88 1 -square -foot Boynton Beach Mall which opened in 1985. Other commercial centers followed the mall and were developed nearby in the 1985 to 1990 range. Newer development includes Renaissance Commons which is located along this stretch of Congress Avenue. It is an 86 -acre mixed use development that was developed on the site of the old Motorola plant. Development of this proJect began in 2004. It contains a mix of several multi -story retail, apartment and condominium buildings. The commercial buildings were completed in the 2005 to 2008 range while the last of the apartment buildings were completed in 2014 and 2018. Boynton Town Center is just south of Renaissance Commons and was developed with retail uses in the 2007 to 2009 range. Cortina Apartments is located to the rear of Boynton Town Center and was developed with apartments from 2017 to 2020. Office and industrial development is located within Quantum Corporate Park on the north and south sides of Gateway Boulevard, west of 1-95 and east of Congress Avenue. Industrial development is also located at the northwest quadrant of 1-95 and Boynton Beach Boulevard and northwest quadrant oft -95 and Gateway Boulevard, Quanturn Park Overlay Dependent District is a dependent district created by the City of Boynton by Ordinance No. 05-061 in October 2005, The District is within the City of Boynton Beach, The District consists of residential, commercial, natural and retail uses. The District is located just west of 1-95 and is on either side of Gateway Boulevard. Jhe total acreage of the District is approximately 600 acres. Land uses within this district are illustrated on the fallowing map. 35 754 m ........... 7 ----- IV* Quantum Corporate Park Boynton each, Flor"k ida , Q n ue tu" Boyntoi ft V -k O—Ift K*P.".A ObIt" Q.P.O.D.D. ,erllcai n c DATA WHIIMM AS OF AMUL 20. *011 MV0 M=0A a 21 N—M W-4 M -Mo YICINIITY MAI! �UOR KEY MEN Z) SUPPORT TEAM G Idnf Q'I I'd q,WwW, OOUW-AKr - tL— I k"S —0&1 41 44 Q&q hw* Land uses in the above overlay map are summarized in the following table. 36 755 Areas west of Congress Avenue to the western edge of the neighborhood at Military Trail are almost entirely developed with multi -family and single-family residential uses, and areas east of 1-95 to Federal Highway are also almost all entirely developed with multi -family and single- family residential uses. Federal Highway contains a mix of commercial and multi -family uses. 37 756 V*9'69!2� LEGENDLANp Comm 13.53 ACRES COMMCOMMERCIAL IND 97.18ACRES IND INDUSTRIAL Gal 6529 ACRES INOM INDUSTRIAL WFIG4011 as 0 12.98 ACRES Gal GOVERNMENTAL AND INSTITUTIONAL Of61 42 ACRES 0 OFFICE OIC 1e.57ACRES OI OFFICE AND INDUSTIRIAL 0 H Of & INDIR S.78 ACRES 345 ACRES OIC OFFICE, INDUSTRIAL AND COMMERCIAL MU 113.44 ACRES 0:11 OFFICE. INDUSTRIALAND HOTEL WETLANDS 840 ACRES MU MLXEO USE ROADS 32.64 ACRES P/O PART OF SAND PINE PRESERVE 413,00 ACRES OPEN SPACE PARKS, (I ACRES 01 LAND USE AND YMT9N a LOT NUMBER TOTAL ACRES 553.13 ACRES Areas west of Congress Avenue to the western edge of the neighborhood at Military Trail are almost entirely developed with multi -family and single-family residential uses, and areas east of 1-95 to Federal Highway are also almost all entirely developed with multi -family and single- family residential uses. Federal Highway contains a mix of commercial and multi -family uses. 37 756 L-1- r . . ...... . ... . ................. . . . ...... . ........ Description of Area & Neighborhood The neighborhood is an established area near commercial services, transportation routes, employment, schools, shopping, public services and recreation areas. It has good highway linkage with Interstate 95 for effective commuting between the Tri-COUnty Area. The eastern portion of the neighborhood, east of 1-95, represents older and established properties. The City of Boynton Beach is attempting to redevelop and revitalize this area and several mixed-use projects have taken place and are planned. in this portion of the neighborhood, Areas west of I- 95 in the neighborhood contain the main shopping district and newer development with a variety of uses. The neighborhood is the core area of Boynton Beach. The local and national economies recently briefly struggled, due to the otabreak ol'Covid- 19, but the unemployment rate has recovered and has normalized to pre -pandemic levels. The neighborhood already has an established residential base that continues to increase. New commercial and residential development has been occurring in the neighborhood. It is in a centralized and densely populated area. Long term outfool<s for the neighborhood remain positive, The ultimate performance of the neighborhood and its developmental uses will be dependent upon the continued growth of the national and local economics. M 757 230 -DESCRIPTION OF PROPERTY PHOTOGRAPHS AND SKETCHES Property Type Commercial Existing Use Office Building LAND DESCRIPTION Area According to the FDOT right-of-way maps, the total parent tract site contains 14,696 square feet (0.337 acres). Shape Irregular Site Dimensions According to the FDOT right-of-way maps, the site dimensions of the parent tract are 75.98' (east — N. Seacrest Boulevard) x 200.00' (south) x 55.84' (west — NW 1St Street) x 203.31' (north — Gateway Boulevard). Ingress/Egress The parent tract has one asphalt -paved driveway at the southwest corner of the parent tract that connects with NW l St Street. This driveway provides bidirectional access with NW l St Street. NW 1St Street is a two-lane paved residential roadway that intersects with Gateway Boulevard at the northwest corner of the parent tract. A raised concrete median is located along the Gateway Boulevard frontage of the parent tract. No medians are located along the N. Seacrest Boulevard or NW 1St Street frontages of the parent tract. Topography No topographical survey was provided. The site is level and at the approximate grade of surrounding roadways and- development. It has a typical amount of fill onsite. The site is mostly clear of vegetation except for some landscaping. According to the National Wetlands Inventory, the parent tract has no wetlands onsite. Flood Plain Flood Zone "X" (Panel Numbers 12099C0787F) according to the FEMA website dated October 5, 2017. Flood Zone "X" indicates areas outside of 500 -year flood plains. Drainage The parent tract has a swale located at the southeast corner of the site. The site appears adequately drained, and no drainage problems existed at the time of inspection. Soil Characteristics Soil conditions are adequate for existing surrounding development. that are typical of the area and su 39 vertical development based on The parent tract was soil types itable for vertical development. 758 - - ----------- - ------- -- - ------------ Description of Property Soil types for the parent tract are St. Lucie -Paola -Urban land complext, 0 to 8 percent slopes. This is an excessively drained soil. Utilities On Site Electirc, telephone/cable/internet, municipal water and municipal sewer. Utilities Available Electirc, telephone/cable/internet, municipal water and municipal sewer. Site Improvements Asphalt -paved parking and driveway areas, irrigation, landscaping, utility connections, concrete curbing, parking stops, light poles, handicap accessible concrete entrance ramp with metal handrails, metal chain link fencing, drainage Swale, mailbox, handicap parking sign, tow -away sign, flagpole and concrete sidewalk. Easements, Encroachments Or Restrictions According to the title work provided by FDOT, no easements, encroachments or restrictions adversely impact the development potential or marketability of the parent tract. BUILDING IMPROVEMENTS The parent tract is improved with a professional office building. The characteristics of this building are summarized as follows: Type: Professional office building Number of Units: One Net Leasable Area: 1,316 square feet Storage Area: 95 square feet Gross Building Area: 1,41.1 square feet Construction: Concrete block with painted stucco Foundation: Concrete slab Roof: Asphalt shingle/gable roof/wood truss A/C: Central Electricity: Typical/adequate/single meter (CL 200/240V/3 W) Windows: Aluminum single -hung Flooring: Assumed average quality Ceilings: Assumed average quality Interior Walls: Assumed average quality Units: One Stories: One Year Built: 1959 Condition: Average Quality: Average M 759 MI/ Comments: The interior was not able to be inspected and is assumed to be of average quality, similar to the exterior (Limiting Condition 2). No deferred maintenance was noted during inspection. Onsite circulation and parking are adequate for the existing use. Total Economic Life: 50 years Physical Age: 63 years F'Iffective Age: 30 years RemainingEconomic Life: 20 years Indicated Depreciation: 60% WIN= Trade FiXtUres and equipment considered real property: [jqj111di1n&.5kqj�pb Please refierence General Assumption 13 Please reference General Assumption 13 Please reference General Assumption 13 The following building sketch is from the Palm Beach County Property Appraiser website. Sketch dimensions are similar to the property appraiser's records; therefore public records are relied upon. 41 760 k3 I 9m of I IL-13 Exhibits are displayed on the following pages as follows: - Photos - Aerial and Plat - Parcel Sketch - Photo Angles 42 0 761 1OLUO W . ►1, Property Photos 1. Street view east along Gateway Boulevard. Photo taken 10/5/2022 by Curtis L. Phillips, MAI 2. Street view west along Gateway Boulevard. Photo taken 10/5/2022 by Curtis L. Phillips, MAI 43 762 uzm�- �-,- •-, 3. Street view south along N. Seacrest Boulevard. Photo taken 40/5/2022 by Curtis L. Phillips, MAI 4. Street view south along N. Seacrest Boulevard. Photo taken 10/5/2022 by Curtis L. Phillips, MAI M, 763 Imp Property Photos 5. Street view south along NW I" Street. Photo taken 10/5/2022 by Curtis L Phillips, MAI 6. Street view north along NW V Street. Photo taken 10/5/2022 by Curtis L. Phillips, NUI 45 764 7. View east at southern boundary of parent tract from its southwest corner, Photo taken 1.0/5/2022 by Curtis L. Phillips, MAI 8. View north at western boundary of parent tract from its southwest corner. Photo taken 10/5/2022 by Curtis L. Phillips, MAI , 765 P-W-ANGM-Mm"M Property Photos 9. View South at western boundary of parent tract froai its northwest comer. Photo taken 10/5/2022 by Curtis L. Phillips, MAI 10. View east at northern boundary of parent tract flWfn its northwest comer. Photo taken 10/5/2022 by Curtis L. Phillips, MAI 47 Property Photos 11, View west at northern boundary of parent tract from its northeast comer. Photo taken 10/5/2022 by Curtis L. Phillips, MAI 12. View south at eastern boundary of parent tract from its northeast comer. Photo taken 10/5/2022 by Curtis L. Phillips, MAI W 767 ,► • i 13. View north at eastern boundary of parent tract from its southeast corner. Photo taken 10/5/2022 by Curtis L. Phillips, MAI 14. View west at southern boundary of parent tract from its southeast corner. Photo taken 10/5/2022 by Curtis L. Phillips, MAI :AR 768 Property Photos 15. View northeast at parent tract office building improvements. Photo taken 10/5/2022 by Curtis L. Phillips, MAI 16. View northwest at parent tract office building irnpr(.)Nei'nents. Photo taken 10/5/2022 by Curtis L. Phillips, MAI 50 769 Property Photos IT View southwest at parent tract office building improvements. Photo taken 10/5/2022 by Curtis L. Phillips, MAI 18. View southeast at parent tract office building improvements. Photo taken 10/5/2022 by Curtis L. Phillips, MAI 51 770 Property Photos 19. \,ic\v east at flarect 117 from its western b(Aindary, Photo taken 10/5/2022 by Curtis L. Phillips, MAI 20. View west at Parcel 117 from its eastern boundary. Photo taken 10/5/2022 by Curtis L. Phillips, MAI 52 771 Property Photos 2 1 . \,iew cast at Parcel 704 fironi its western boundary. Photo taken 10/5/2022 by Curtis L. Phillips, MAI 22. View west at Parcel 704 from its eastern boundary. Photo taken 10/5/2022 by Curtis L. Phillips, MAI 53 772 23. View west at parent tract from east side of N. Seacrest Boulevard. Photo taken 1015/2022 by Curtis L. Phillips, MAI 54 773 AERIAL AND PLAT EXHIBITS Aerial and Plat Exhlbits Plat site dimensions differ from FDOT right-of-way maps and don't reflect previously acquired right-of-way. 55 774 63 PARCEL SKETCH - PARENT TRACT Parcel Sketch 56 775 Parcel Sketch aOULEVARD r C - rpcpEs STATH ROAD SMIUR URMWIWW" ASMATM, W oxmrm oxweas Aw &TERSTATU 95 PALM BEAM COLWIi-MUNTY 57 T.. IS ..T A 1111 PARCM SAWTal PARCEL 1171704 776 t CENTERUNE DIETAIL 1' BASELINE 1400 TO SCALE - s MT. IMSEMEM PLAT PH PLAT UQGK IPG IPAGB z EX EAsinumG STA. STAMN ORB OFFOCTAIL PFCORID BOOK — -L 9. W S 8'71 13'4 5=1 AREA SUMVIARY 07004 PAae RENTTRACT AREA 14,696 SIP PARCEL 117 AREA 9.714 5F REMAINDER AREA 4,082 SIP PARCE1.704 AREA 9'2ea Sp t ET VRE CL 'ts ------------- IN, 21 t CIO r. SEF DETAIL R'll G 9 P, Zj� P3 MI -7- , 'at E S'�' �-1 4 P. Ole aOULEVARD r C - rpcpEs STATH ROAD SMIUR URMWIWW" ASMATM, W oxmrm oxweas Aw &TERSTATU 95 PALM BEAM COLWIi-MUNTY 57 T.. IS ..T A 1111 PARCM SAWTal PARCEL 1171704 776 t&qqqR� .. .. .............. . . . . tw"PfFft CEWER U14E W.f"Homr O,U.r CV.EM mc rdw SOLITROREM M.A. km. is 30 c"O"m NGF— CA. ELEOFRIC nex MLL sox V, ME Hyrx� GUY wtn, PALM TREF MEF, Fft"'Etm uwrU'll"', 1.01ONRi Kwu-j LU--p STAIWWO WWRIOLE 14T T IF It 4, IF IF 7 9-10 *7 ,:� "&"'"�, .'*wI" "M16 ~p �4'CI� I4 Mal I ! `� �N Cf� 0 A RAI', 704 Ln •wL 01 1 GF F 0 cl -IN ---------- " Grat � YW�&{w/ q�yri�°�� py[ 'i 3���yyll� ' r dai � 4, 1,1,LK R AO R R izi 3. .......... M", FRI. Nwn utc k ti ai % - 74 'r"Fs IS !nT A SUAVn STA Tb ROAD NO, 9 E"SnNG CO�NJDUTOMS NXETCH FROMM ZW AM= AW SUMANM '7 M AUF"TAM .95 tSF PARCEL -Hf1071MW PAIW BEACH COUNn"COUNTY MIX, MA04rl*WW J" aa Ml 777 PHOTO ANGLES Photo Angles 59 778 . . . ......................... . ------------------------------------ . ....... . ....... ... -- - - ----------- Existing TranspartationlZonIng/Assessed Value 235 -EXISTING TRANSPORTATION FACILITY DESCRIPTION I'lie fig, 9/1l -9,5 inuachangeS at SIR 804113aynton Beach Houlew, ord aind Gatemnay Bc)uulewarcl are th,,L- I fof.us & ftjs 5MR. SR 9/1-95 1 a Ihnkcdaccc,,ss highmn yanda pimrlidem rejd(Mal CDoV1fUCtI1VltY along east coast of Flodda" Fhe exisUng typical section mnsisis of fix.ir genenal purpose, lanes and orma High Occurwicy Vehicle �HOV) liane in each travel direcdon (iiiioptrhllVitiinidl/soiktlUifv�und)� Oise aux,11fairy 1.2ne i IprutssrileMoing SA 9/1-95 lft each travel CAVOW, 411DIVI h�wtween the Gateway Bcvulewrarid and 5111, 804/Boyntnin BeachBmAeiwzri� Intemhanges. .nNo southbound auxiNwry lanes ln the southhound travel dirertlon and one auxifiary lane! ln the northbound travell dimcliori are puovldedbetweirm SH&A/Rojjjrraor� Bemh Boulooard and Wociffmight Road interchanges., No auxWary lanes are proment allorig SIR q/l,,.95 betuawn Gatcway Wndievard aind HWwokmn taco h efther tht,. so uthbo un cl or ncwthb'Dmid directions. P4B- ruwthbound, S13 --southbound, ER -- GP - geirkemf� purpose, N KW - t flgh Occupancy PNI-TIL -Two-way IILeft t @Arrm Lanes The level of service (LOS) of the existing transportation facility of this project is illustrated in the following table. 779 . ..................... Existing Tran sportationlZanInglAssessed Value Existing lrqljic counts. - The following annual average daily traffic (AADT) is taken from the FDOT interactive traffic count map. Gateway Blvd (East of 1-95 to Federal Highway): 26,500 AADT Gateway Blvd (West of 1-95 to High Ridge Rd): 39,500 AADT Gateway Blvd (West of 1-95 to Quantum Blvd)- 37,500 AADT Gateway Blvd and 1-95 Interchange (On/Off Ramps): 11,000 AADT to 13,500 AADT Interstate 95 (North of Gateway Blvd): 251,600 AADT Interstate 95 (South of Gateway Blvd): 227,000 AADT N. Seacrest Blvd at Gateway Blvd: 12,400 AADT High Ridge Rd (North of Gateway Blvd): 11,900 AADT FDOT is proposing roadway improvements at the 1-95 and Gateway Boulevard interchange. Proposed improvements include widening the on ramps and off ramps at this interchange and widening Gateway Boulevard. Median and drainage improvements will also be constructed. Please reference the land planner report within the Addendum for a complete analysis of the parent tract. The parent tract is zoned Office and Professional Commercial District (CI) by the City of Boynton Beach and is one of six commercial zoning districts in the city. The purpose of the C-1 zoning district is to implement the office commercial (OC) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to provide appropriate space for office and professional uses, while also serving as a transitional area between residential and higher intensity commercial areas. Table 1. Lot and .Building Standards for C-1 Zoning *Abutting Residential is a 30 -foot setback, but if not abutting residential only a 10 -foot setback A] 780 -. . . .................. 51111� I,,,,,--,' ...................... Existing TransportatianlZonInglAssessed Value Future Land Uye Future . .... ... __ ........... The parent tract's Future Land Use (FLU) is designated as Office Commercial (OC) by the City of Boynton Beach which is consistent with the zoning classification. In the Office Commercial designation, the allowed uses are limited to the following: • Business, professional and administrative offices; • Financial institutions; • Funeral homes; • Places of worship; • Schools and instruction, day-care centers and educational institutions; • Museums; • Health care services and facilities, group homes and nursing homes; • Social and civic clubs and organizations-, • Civic and community centers, • Limited retail and business services related to the above uses; • Dwelling units as accessory, and • Cemetery as accessory to a funeral home. The parent tract has 13 onsite parking spaces which includes one ADA accessible space (I spam / 101.23 SF of gross floor area). Current code only requires the parent tract to have 7 parki spaces (I space / 200 SF of gross floor area). The parent tract is a legally non -conforming us due to setbacks. It can continue as such, due to Erninent Domain Policy from prior Gatew Boulevard road widening. I 250 -ASSESSED VALUE TAXES AND SPECIAL ASSESSMENTS Assessed value and taxes for 2022 are not yet finalized as of the appraisal date, Palm Beach County Property Appraiser's Office 2021 assessments and taxes for the parent tract are as follows: The parent tract is two contiguous parcels. Palm Beach County assesses the entire parent tract as a 0.3327 -acre commercial parcel that is improved with a 1,316 square -foot office building. The total assessed value is $322,481. Assessed values difrer from the value conclusions herein as ad - valorem assessments are based upon mass appraisal. The parent tract does not currently have a tax liability, since it is owned by a government entity. M 781 - ------------------ - -- . ..... ...... . . . ......... -- Existing Transpartatian/Zoning/Assessed Value 260 -HISTORY OF PROPERTY According to the title search provided by FDOT, the parent tract is owned by City of Boynton Beach, a Florida municipal corporation. No sales of the parent tract have occurred within the prior five years. The parent tract is two contiguous parcels. Each parcel has a different sale history. The last transfer of Parcel 08-43-45-16-01-027-0010 occurred on November 26, 2001 for $0. This was recorded in Official Record Book 13159, Page 919. This transfer was a Declaration wherein the Boynton Beach Community Development Corporation relinquished its interest in this parcel to City of Boynton Beach, Florida, a Municipal corporation. The last transfer of Parcel 08-43-45-16-01-027-0020 occurred on November 20, 2004 for $12,500. This was recorded in Official Record Book 17815, Page 1669. The grantor was Benjie Sperling, a married man, and the grantee was City of Boynton Beach, a Florida municipal corporation. To my knowledge, the parent tract is not listed for sale, for lease, or under contract. The parent tract is currently occupied by Boynton Beach Faith Based Community Development Corporation who operates from the parent tract as an infill housing specialist, HUD Housing Counselor and provides social service assistance, childcare and senior care programs. Per Gary Dunmyer with City of Boynton Beach, this tenant leases the parent tract for $1.00 per year from City of Boynton Beach. This lease is below market and month to month. 270 -EXPOSURE TIME I have provided an opinion of the exposure time. Exposure time is defined as an opinion of the length of time the property interest being appraised would have been offered on the market prior to the hypothetical sale at market value on the effective date of the appraisal; a retrospective opinion based upon an analysis of past events assuming a competitive and open market. To provide an opinion of a future value at the end of a marketing time starting at the appraisal date would be a prospective value as opposed to the current value opinion herein. It is my opinion that the exposure time would have been approximately three months. 280 -PUBLIC AND PRIVATE RESTRICTIONS According to the title work provided by FDOT, no easements, encroachments or restrictions adversely impact the development potential or marketability of the parent tract. 63 782 ........ . ..... Highest and Best Use �� I'll, 1111, 1 WW"M The Seventh Edition 2022, by the Appraisal Institute defines Flighest and Best Use on pages 88 - 89 as follows: "The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissty, physical possibility, financial feasty, and maximum productivity." 2. "The use of an asset that maximizes its potential and that is possible, legally permissible, and financially feasible. The highest and best use may be for continuation of an asset's existing use or for some alternative use. This is determined by the use that a market participant would have in mind for the asset when formulating the price that it would be willing to bid. (IVS)" 3. "The highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future. (Uniform Appraisal Standards for Federal Land Acquisitions)." 4. "[For fair value determination] The use of a nonfinancial asset by market participants th would maximize the value of the asset or the group of assets and liabilities (for exampt a business) within which the asset would be used. (FAS13 Glos.,sary) The highest and be use of a nonfinancial asset takes into account the use that is physically possible, legall t, permissible, and financially feasible, (FASB 820 -10 -35 -JOB). The highest and best use C a nonfinancial asset establishes the valuation premise used to measure the fair value the asset, as follows: (a) The highest and best use of a nonfinancial asset might provid maximum value to market participants through its use in combination with other assets a group (as installed or otherwise configured for use) or in combination with other asse and liabilities (for example, a business), (b) The highest and best use of the asset Mig provide maximum value to market participants on a standalone basis. (FASB)" I Legally Permissible The parent tract has a zoning designation of C 1, Office Professional, and has a consistent futull land use designation of OC, Office Commercial. These designations permit office developme These designations are the least intense of the commercial designations and generally on allows office uses. They do not allow for residential, multi -family, mixed-use, high intensi 11 retail or industrial development. The parent tract meets the minimum lot size requireme Commercial development such as office is legally permissible. I M, 783 I The parent tract's topography, shape, and size are adequate for commercial development such as office. It is physically similar to surrounding parcels which are already vertically developed. It would be physically possible to develop the parent tract with a commercial use such as office. Financially Feasible As previously noted in the Area Data and Neighborhood Data sections of this report, mark' zonditions have been improving for both commercial and residential properties. The populati has increased, and the unemployment rate has decreased. The overall economy has improve and this has positively affected the real estate market. I The area surrounding the parent tract is densely populated, urban in nature and highly develope'll Due to population growth and the built -out nature of the parent tract's neighborhood, a stro I demand exists for commercial uses such as office, Commercial services will continue to il needed to serve the growing residential POPUlation. The parent tract is surrounded by sing] family residential development, but an office use would serve as an appropriate transition wi nearby development. The parent tract is located at the corner of a heavily traveled signaliz intersection that provides good visibility and would support a commercial use such as offic Commercial development Such as office is financially feasible for the parent tract. Maximally Productive Ther aximally productive use for the parent tract is for commercial development such as office. This is legally permissible, physically possible, financially tusible, and maximally productive. [jighqst and Uest _Use__Analvsis. As _lin iroved Legally Permissible The parent tract's existing office use is legally non -conforming, due to setbacks from prior roadway widening of Gateway Boulevard. It can continue to exist in its current state via eminent dornain policy. All other aspects of the parent tract are conforming to code. The parent tract's existing office use is legally permissible, Physically Possible The parent tract's site size, shape, and access is typical for office development in the immediam area. On-site circulation, parking and access are adequate for the existing use. The existi improvements utilize the site well, The current improvements exist, so they are obvious physically possible. W, 784 Financially Feasible When determining the financially feasible use of a property "as improved" we must analyze whether the improvements add value to the site over and above the land value itself. In our opinion, the parent tract's improvements represent a substantial monetary investment and contribute to the overall property value. Restructuring or replacing the existing improvements is not practical at this time, as the value "as improved" is greater than the value of the land alone. The highest and best use of the parent tract "as improved" will remain the same until such a time that the improvements add no contributory value to the alternatives. As previously noted in the Area Data and Neighborhood Data sections of this report, market conditions have been improving for both commercial and residential properties. The population has increased, and the unemployment rate has decreased. The overall economy has improved, and this has positively affected the real estate market. The area Surrounding the parent tract is densely populated, urban in nature and highly developed. Due to population growth and the built -out nature of the parent tract's neighborhood, a strong demand exists for commercial uses such as office. Commercial set -vices will continue to be needed to serve the growing residential population. The parent tract is surrounded by single- family residential development, but an office Use Would serve as an appropriate transition with nearby development. The parent tract is located at the corner of a heavily traveled signalized intersection that provides good visibility and would support a commercial use such as office. From all indications, continued use of the office improvements of the parent tract is the only financially feasible use, and no other alternative uses exist that would compete, Maximally Productive The maximally productive use for the parent tract is to continue the existing use of the office improvements. This is legally permissible, physically possible, financially feasible, and maximally productive. Conclusion — As Improved The highest and best use of the parent tract is to continue the existing use of the office improvements. M.- 785 41MIN."Taw KINKNI'll MMUMVIE!, 1111, 1 if U .11,112,110iX ,T WIfff, �,,Offj 'IT " I �71111 I I � . " I =41 I In providing an opinion of the market value of the real estate, three valuation procedures are I vailable for uzation. They are the Cost, Sales Comparison, and Income Capitalization Approaches. As stated wn the Scope of Work section of this report, only the Sales Comparison Approach is relied upon for the parent tract for both the land value (allocation purposes) and the total improved value of the parent tract. Land value will be analyzed first then improved single-family home sales will be analyzed after. According to the 15'h Edition of '..j..'h. e A pprqi.sal of. Real Estate.the valuation of land begins by identifying the real estate and property rights valued, any encumbrances, use restrictions, and the land's physical characteristics. An appraiser can use several techniques to obtain an indication of Utd value: • Sales Comparis • Extraction I • Allocation • Land Residual • Ground Rent Capitalization • Subdivision Development The most reliable way to provide an opinion of land value is by Sales Comparison. When few sales are available, or when the value indications produced through Sales Comparison need additional Support, alternative techniques like extraction or allocation may be applied. In the case of the it _aA .�arent tract, the onlp troach used was the Sales ComPrison-A-Ajoiroach as adek,,uateYJ.,4m exist in the market. The sales search included locating sales of similar vacant land within the market area occurrinV under similar market conditions. Sales were further refined by applicable characteristics such as location, access/visibility, site si7e, shape, topography, utilities, and zoning/land use. The best available sales of similar sites were located and are utilized to affive at a land value -for the parent tract. The sales are all located in appropriate proximity to the parent tract and represent competitive properties that would be considered by market participants in the valuation of the parent tract. All the sales are a good substitute or alternative property for the parent tract. I analyzed the parent tract based on a price per gross square foot of site area basis, as this is the most recognized unit of comparison in this market. Sales data sheets with more details regarding each sale are in the addenda of this report. A synopsis of each sale is located below, MA W - i Discussion Land Sales Land Valuation Sale 33521/80 occurred on April 26, 2022 for $225,000 ($23.35/SF). This was an arm's length, cash -equivalent transaction. No improvements contributed to the sale price. It is located at 1621 S. Federal Highway, Lake Worth Beach, FL. It is an interior site with lower traffic counts. It contains 0.221 acres (9,634 SF). It is rectangular in shape. It has no wetlands and is clear of vegetation. All utilities are available to this site. It has a zoning designation of MU -FH and a consistent future land use designation of MU -E. These are mixed use designations and allow for a wide variety of uses that include multi -family, office and retail. The buyer purchased contiguous parcels to this site in separate transactions and is assembling land. The buyers intended use is unknown. Sale 33432/786 occurred on March 17, 2022 for $342,100 ($27.13/SF). This was an arm's length, cash -equivalent transaction. No improvements contributed to the sale price. It is located at 1102 and 1110 N. Federal Highway, Boynton Beach, FL. It is located at the corner of a signalized intersection with high traffic counts. It contains 0.289 acres (12,609 SF). It is rectangular in shape. It has no wetlands and is clear of vegetation. All utilities are available to this site. It has a zoning designation of C4 and a consistent future land use designation of General Commercial. These designations allow for more intense and wider variety of commercial uses. The buyer purchased this site for the development of office condominiums. Sale 33172/925 occurred on December 28, 2021 for $365,000 ($18.92/SF). This was an arm's length, cash -equivalent transaction. No improvements contributed to the sale price. It is located at 1831 N. Dixie Highway, Lake Worth Beach, FL. It is located at the corner of a non -signalized intersection with high traffic counts. It contains 0.443 acres (19,292 SF). It is rectangular in shape. It has no wetlands and is clear of vegetation. All utilities are available to this site. It has a zoning designation of MU -Dixie and a consistent future land use designation of MU -E. These are mixed use designations and allow for a wide variety of uses that include multi -family, office and retail. The buyer has no immediate development plans for this site and has been advertising the site for build -to -suit. 787 LAND SALES MAP ,n,a{rT,�rodd� �iy ",irk � N Fbfrris SpInvs !; ddNnl%Z id uhfi ' Vnrnui9m1 s ^t prr rJiKP ry § Ytl i Sv a7aNrc �kP wry rr tdt,ra r � �r!1 /���`% 4 � r y f?tl1 n IW . « � fim� yh, kBp ! CPO rr r Scrton Land Valuation Additional maps depicting more detail are contained in the Addenda of this report. .• 788 Land Valuation LAND ADJUSTMENT GRID HUM SALE # 117,1704 1 2 3 OR BOOK/PAGE 86 33172/925 DATE OF SALENALUE 05,0cil-22 22 28 -Dec -21 PROPERTY RIGHTS Fee Simple Fee Simple Fee Simple FINANCING Cash Equivalent Cash Equivalent Cash Equivalent COND. OF SALE Ann's Length Arms Length Arms Length TIME INTERNVAL (YRS) 0.44 0.55 0.77 MRK COND. ADJ. 0.00% 1 0.00% 0.00% so/m/m/s., N.1man W*w CONTR. VALUE IMPS. $0 $0 $0 OTHER ADJUSTMENTS $0 $0 $0 4,7777/4--/, /4"F" IN, '11/07A / ./, MINOR ii �/E NOW LOCATION 2191 XSeacrest 1621 S. Federal Hwy, 1102& 1110N. 1831 N. Dixie Hwy, Blvd, Boynion Lake Worth Beach Federal Hwy, Lake Worth Beach Beach Boynton Beach Similar Similar Similar 0% 00/0 00/0 ACCESSNISIBILITY Good Avg Good Above Avg Inferior Similar Inferior 15% 0% 5% GROSS SITE SIZE (AC) 0.3,37 0.221 0.289 0.443 GROSS SITE SIZE (SF) 14,696 9,634 12,609 19,292 Similar Similar Similar 1P,41� 00/0 0% SHAPE Irregular Rectangular Rectangular Rectangular Similar Similar Similar 0% 0% 0% TOPOGRAPHY 4-11e, ar / Leve I do Clear / Level / No Clear / Level / No Clear / Level / No Wetlands Wetlands Wetlands Wetlands Similar Similar Similar 00/0 00/0 0% UTILITIES All AvailalllAe All Available All Available All Available Similar Similar Similar 0% 00/0 0% ZONING / FLU C I /()C MU-FH/1\4U-E C4/Gen Corn MU-Dixie/MU-E Similar Similar -5% -5% 70 789 Land Valuation I have analyzed the sales, shown in summary forrn, on the chart on the previous page to provide an opinion of the land value of the parent tract. These comparables, were considered the best indicators of value for the parent tract. These sales were all typically motivated transactions with fee simple title transf�rs. Erqj2pq.y,,.,Kiahts Conveyed All the sales in this analysis were transferred on a fee simple estate basis, with the buyers receiving full property rights ownership. I was also unaware of any adverse deed restrictions or any other property rights limitations which would have affected the sates. Therefore, no adjustment was considered necessary for property rights conveyed. Terms of FmancingJCash q!Livalenpy.), The transaction price of one property may differ from that of a similar property due to atypical financing arrangements. Within the confirmation process, detailed attention was made to ensure the conditions of each sale. No adjustments were required to the sales for this factor. Conditions ofSale Adjustments for conditions of sale Usually reflect the motivations of the buyer and seller at the time of conveyance. Within the confirmation process, detailed attention was made to ensure the conditions of each sale. All sales were arm's length transactions. No adjustment is necessary. Market conditions generally change over time and may be caused by inflation, deflation, fluctuations in supply and demand, or other factors. As discussed in Section 220 -Description of Area and Neighborhood, the neighborhood, along with the larger market area, is experiencing growth and value appreciation but have stabilized more recently. The sales occurred from April 2022 to December 2021. All sales occurred during similar market conditions as the date of value vind not ad . usted. J ContributoryV �alq! of o ...... tmc� ......... The contributory value of any site improvements or any additional sale conditions which affected the sale price must be considered. No such adjustments are warranted for any of the sales. Location The parent tract and all sales have a similar location. No adjustment is warranted for location. 71 790 Alccess.Msibili v L_ Land Valuation The parent tract is located at the comer of a signalized intersection with high traffic counts. Sale I is an interior site with lower traffic counts and is adjusted upward 15% for its inferior access/visibility. Sale 2 is similar to the parent tract and not adjusted, since it is also located at the comer of a signalized intersection with high traffic counts. Sale 3 is located at the comer of a non -signalized intersection and has high traffic counts. Sale 3 is adjusted upward 5% for not being located at a signalized comer, which is inferior. SJIP SJAC The sales range in size from 0.221 acres to 0.443 acres. The parent tract contains 0.337 acres. The sales bracket the size of the parent tract. Due to economies of scale, larger sites typically display a lower unit indication, and smaller sites typically display a higher unit indication. All sales are similar in size to the parent tract, and no adjustment is required. Shape The parent tract nor the sales are adversely affected by shape, so no adjustment is required for this factor. Topography The parent tract and all sales have similar topography and are not adjusted. Utilities The parent tract and all sales have all utilities available. No adjustment is required for access to utilities. Zoning / Future Land Use . . Future . . . . ............................. . . . . The parent tract has a somewhat restricted commercial designation and generally only allows for office development. All sales have superior zoning designations when compared to the parent tract as they allow for a wider variety of uses. All sales are adjusted -5% for superior zoning/future land use. 72 791 MRIM The comparable sales were considered the best available within the market. After adjustment, the sales range from $18.92 to $25.77 per square foot, with a mean indication of $23.46 per square foot and a median indication of $25.69 per square foot. Most weight is placed near the Lipper end of the adjusted sales. Based on the previously analyzed data, I have Concluded a land value indication of $25.00 per square foot for the parent tract. The land value for the parent tract is calculated as follows: ...... ...... $36- $25.00 Per SF X 14,696 SF 73 792 ---------- Sales Cbry7padson Approach The Dictioplau,,,_.of. Real Estate A ....... ...... . . . . . ....................... Seventh Edition 2022, by the Appraisal Institute M Sales Comparison Approach on page 170 as follows: "The process of deriving a value indication for the subject property by comparing sales of similar properties to the property being appraised, identifying appropriate units of comparison, and making adjustments to the sale prices (or unit prices, as appropriate) of the comparable properties based on relevant, market -derived elements of comparison. The sales comparison approach may be used to value improved properties, vacant land, or land being considered as though vacant when an adequate supply of comparable sales is available." TOR P"A)[ RM I will present and analyze sales which, in my view, are reflective of the best comparisons available. Several sales were analyzed from the market area. An effort was made to analyze sales with similar attributes as the parent tract. When differences between the sales and the parent tract exists, adjustments are made. The data is sufficient to provide a reliable value indication. The improved sales are analyzed on a price per square foot of net leasable building area basis this is the most recognized unit of comparison for this property type. Percentage adjustments a, made to the sales for differences from the parent tract, when applicable. Sales data sheets will Rdditional details of each sale are in the Addenda. A synopsis of each sale is located below. Sale 33619/414 occurred on June 3, 2022 for $400,000 ($264.73/SF). This was an arm's lengt cash -equivalent transaction. It is located at 236 SE 23d Avenue, Boynton Beach, FL. It located on a road with lower traffic counts. It contains 0.198 acres (8,633 SF) which yields land to building ratio of 5.71. It is a single -tenant professional office building that contai.1 1,511 square feet of net leasable area. It contains an asphalt -paved parking lot with onsi parking. It was built in 1958, has been renovated and well maintained over the years and is zbove average condition. I Sale 33594/1160 occurred on May 20, 2022 for $550,000 ($488.89/SF). 'Ibis was an arm's length, cash -equivalent transaction. It is located at 209 Boynton Beach Boulevard, Boynton Beach, FL. It is located on a road with high traffic counts. It contains 0.174 acres (7,573 SF) which yields a land to building ratio of 6.73. It is a single -tenant professional office building that contains 1,125 square feet of net leasable area. It contains an asphalt -paved parking lot with onsite parking. It was built in 1.952. It had dated interior finishes at the time of sale, but it was suitable for occupancy. The buyer has begun to renovate this property since the sale. Sale 33554/311 occurred on May 6, 2022 for $480,000 ($293.76/SF). This was an arm's length, cash-eqUivalent transaction. It is located at 226 SE 23d Avenue, Boynton Beach, FL. It is located on a road with lower traffic counts. It contains 0.198 acres (8,636 SF) which yields a M-4 793 Sales Comparison Approach land to building ratio of 5.29. It is a single -tenant professional office building that contains 1,634 square feet of net leasable area. It contains an asphalt -paved parking lot with onsite parking. It was built in 1957. It was recently completely renovated and is in good condition. IMPROVED SALES MAP Additional maps are contained in the Addenda of this report depicting more detail. 75 794 "A" -AM F lqor Decor;;M.-I x ANWOdgeRoyAe Or Con on Ole >Teen M"a W P 4d C. R',Isr, Dras T AN,", 440 ee Boynton �BeaCh Additional maps are contained in the Addenda of this report depicting more detail. 75 794 Boyn aWl BeEr n F lqor Decor;;M.-I x Con 'Amity Hsgnschart M"a C. Boynton �BeaCh Y 131 400, "N o Y h t w 'm,",qtr Lff "";j, W� 0 0 OW/ Additional maps are contained in the Addenda of this report depicting more detail. 75 794 5ales Comparison Approach 345 -SALES ADJUSTMENT GRID 11 SALE # 117/704, 1 2 �� 3 OR BOOK/PAGE 33619/414 33594/1160 33554/311 DATE OF SALE 1,151::1°1a,2 03 -Jun -22 20 -May -22 06 -May -22 PROPERTY RIGHTS Fee Simple Fee Simple Fee Simple FINANCING Cash Equivalent Cash Equivalent Cash Equivalent COND. OF SALE Arm's Length Arm's Length Arm's Length TIME INTERVAL (YRS) 0.34 0.38 0.42 MRK COND. ADJ. 0.00% 0.00% 0.00% / ...........� . s��� OTHER ADJUSTMENTS $0 $0 $0 ,,, 2191 19. 236 SE 23rd 209 Boynton 226 SE 23rd 1 �� Se �nl�°�°e^.�st 1fI��1m ,Scrrmiiil�c LOCATION Ave, Boynton Beach Blvd, Ave, Boynton Boynton Beach Beach Beach Inferior Similar Inferior 20% 0% 20% GROSS SITE SIZE (ACRES) 0.337 0.198 0.174 0.198 GROSS SITE SIZE (SF) 1.9,699 8,633 7,573 8,636 LAND TO BUILDING RATIO 11.1 5.71 6.73 5.29 Inferior Inferior Inferior 5% 5% 5% NET BUILDING SIZE (SF) 1,316 1,511 1,125 1,634 Similar Similar Similar 01�go 0% 0% YEAR BUILT 1959. 1958 1952 1957 CONDITION Ave mage Above Avg Below Avg Above Avg Superior Inferior Superior -5% 1 5% -5% INTERIOR FINISH Pro Office Pro Office Pro Office Pro Office Similar Similar Similar BEE Q% 0% 0% 76 795 14 1 Ki 17LA, ADJUSTMENTS All the sales in this analysis were transferred on a fee simple estate basis, with the buyers receiving full property rights ownership. I was also unaware of any adverse deed restrictions or any other property rights limitations which would have affected the sales. Therefore, no adjustment was considered necessary for property rights conveyed. The transaction price of one property may differ frorn that of a similar property, due to atypical financing arrangements. All sales were cash eCiLlivalent transactions. No adjustments were required to the sales for this factor. Conditions of Sale Adjustments for conditions of sale usually reflect the motivations of the buyer and seller at the time of conveyance. Within the confirmation process, detailed attention was made to ensure the conditions of each sale. All sales were arm's length transactions. No adjustment is necessary for this factor. Time or Ch ts s in Market Conditions . . . . ....... Market conditions generally change over time and may be caused by inflation, deflation, fluctuations in supply and demand, or other factors.As discussed in Section 220 -Description of Area and Neighborhood, the neighborhood, along with the larger market area, is experiencing growth and value appreciation but have stabilized more recently. The sales occurred from June 2022 to May 2022. All sales occurred during similar market conditions as the date of value and are not adjusted. The parent tract is located along a highly traveled commercial roadway. Sales I and 3 are located along an inferior roadway with inferior lower traffic counts when compared to the parent tract. Sales I and 3 are adjusted. upward 20% for their inferior locations. Sale 2 is located on a similar roadway as the parent tract with high traffic counts and is not adjusted. 77 796 Sales Comparison Approach The parent tract has an LBR of 11.17. The sales all have inferior LBRs that range from 5.29 to 6.73. All sales are adjusted upward 5% for their inferior LBRs when compared to the parent tract. Net Buildin,_L..Size _............ . Due to economics of scale, sales with larger buildings typically display a lower unit indication, and sales with smaller buildings typically display a higher unit indication. The parent tract contains 1,316 square feet. The sales bracket the building size of the parent tract and range from 1,125 to 1,634 square feet. All sales are similar to the parent tract in this regard and not adjusted. Year-Built/Conditio.9, Please reference Limiting Condition 2. The parent tract was built in 1959 and is in average condition. The sales were built from 1952 to 1958. Sales I and 3 were recently renovated and were in above average condition at the time of sale. Sales I and 3 are adjusted downward -5% for their superior condition. Sale 2 was in below average condition at the time of sale and lacked recent renovations/updating. Sale 2 is adjusted upward 5% for its inferior condition. The parent tract and all sales have proliessional office interior finish and are similar in this regard. No adjustment for interior finish is warranted. The comparable sales were considered the best available within the market. After adjustment, the sales range from $317.68 to $537.78 per square foot, with a mean indication of $402.66 per square foot and a median indication of $352.51 per square foot. It is recognized out of numerous sales aWA"z"'- 4kw-4w4v-stai Jung- TA'Z. weight is placed above the adjusted mean and median indications of the sales. Based on the previously analyzed data, I have concluded a value indication of $450.00 per square foot for the parent tract. The market value for the parent tract is calculated as follows: . . ............................................................. ... .......... . . . ............ . ....................... X� 1,316 SF $592,20:0-�- .... . ........ . . . ..... . ........................ . - - — ------ - ...... . ................................. Rounded $592,200 W. 797 Reconciliation 390 -RECONCILIATION OF VALUE INDICATIONS AND FINAL VALUE ESTIMATE The value indication by the applicable approaches as of the date of the appraisal are as follows: LAND VALUE ANALYSIS $367,400 COST APPROACH N/A SALES COMPARISON APPROACH $592,200 INCOME APPROACH N/A Based on the available market data and the resulting analysis, it is my opinion that the market value of the parent tract as of the appraisal date is: VALUE OF THE WHOLE/BEFORE PROPERTY $592,200 395 -ALLOCATION OF LAND BUILDINGS STRUCTURES AND OTHER An allocation of land, site and building improvements is required. By deducting land value from the total value, the contributory value of the improvements is indicated. Site improvements are generally 20% to 30% of total value less land value for a development of this size and type. No FF&E is allocated in the value conclusion (please reference General Assumption 13). Deducting the land value from the total value equals $224,800 for total improvement value. This is bracketed by the improved sales contributory value per square foot without land. By multiplying the site improvement allocation of 30% to $224,800, the resulting allocation for site improvements is $67,400. This results in a building improvement allocation of $157,400. The before value of the parent tract is allocated as follows. Before Allocation - Parent Tract Land $367,400 Site Improvements $67,400 Buildin la2rovements$,157,.400 Total $592,200 IL:1 798 VIP') Descriptini7 & Valuatiai7 of Part Acquired 11 �Iiil l ij;ii � I Parcel 117 contains 9,714 square feet (0.223 acres) and represents 66.10% (in square feet) of the parent tract. It is an irregularly shaped acquisition that spans the entirety of the parent tract's Gateway Boulevard frontage. It encompasses the entire area of the existing office building and the majority of the existing site improvements. It has a range of depth into the site from 30.93 feet to 67.45 feet. It wraps around the parent tract's western boundary and comprises all of the parent tract's N W I" Street road frontage where it reduces to a width of 6.67 feet in between N W I' Street and Parcel 704. It also includes 67.45 feet of the parent tract's 75.98 feet of frontage on Seacrest Boulevard. This is a fee simple acquisition. Parcel 1] 7 is proposed to be acquired for the proposed construction of roadway improvements including widening of Gateway Boulevard with additional travel lanes, concrete sidewalk and bike lanes. Please reference the parcel sketch below by Sexton Engineering for complete dimensions of the part acquired. PARENT TRACT 14,696 Square Feet (0.337 Acres) PARCEL 117 (FEE) 9,714 Square Feet (0.223 Acres) PARCEL 704 (TCE) 124 Square Feet (0.003 Acres) TOTAL REMAINDER 4,982 Square Feet (0.114 Acres) A detailed legal description of Parcels 117 and 704 are in the Addenda. Parcel 704 is illustrated in the sizes above, but it is discussed and valued in detail after the Summary of Values (Section 995) later herein. We 799 This appraisal has reported an opinion of land value to be acquired based upon the appropriated unit value applicable to the parent tract, and determined the contributory value, even if zero, of each improvement, or part thereof based upon an appropriated unit value of the parent tract as set forth in the reconciliation of approaches. Parcel 117 is valued using the allocations from the before section of this appraisal. It is only logical that the part acquired cannot be considered an independent parcel. Considering this fact, a similar methodology and analysis, as discussed in the Before Section of this report, is utilized in valuing the part acquired. The same data analysis conclusions are applicable in the part acquired. ParcH 117 encompasses a total of 9,714 square feet. A land value opinion was previously reported in the before section of this report at $25.00 per square foot for the parent tract. Land value for Parcel 117 is calculated as follows: 9,714 SF X $25.00/ SF $242,850 Rounded, $242,900 Imp ypMent Valuation — Parcel 117 .. .. ......... Parcel 117 encompasses the entire area of the existing office building, and the majority of thio existing site improvements. It represents 66.10% of the parent tract's site area. The as improved parent tract market value was previously opined at $592,200, and the land value was previously opined at $367,400. These yields a contributory value allocation of $224,800 for all improvements associated with the parent tract. Based on cost comparables within my files and depreciated observed during inspection, the total contributory value of the site improvements on the parent tract was allocated at $67,400. This yields a contributory value of $157,400 for the building improvements on the parent tract. Since all of the building improvements are located within Parcel 117, the contributory value of building improvements is concluded at $157,400 within the part acquired. Parcel 117 encompasses 66.10% of the parent tract's site area, the contributory value of site improvements within the acquisition is $44,600 (66.10% x $67,400 $44,551.40, rounded up to $44,600). FVIWWFH�� Land $242,900 Site Improvements $44,600 Building Improvements $157400 Total $444,900 M 800 Remainder as Part of the Whale 500 — VALUATION OF THE REMAINDER AS PART OF THE WHOLE Before Tract $592,200 Part Ac�;�uired $444,900 M Remainder As Part o f Whole $147,300 801 . Remainder Uncured ............................... . ....... . . ..... . ......... --.- Since the purpose of the remainder uncured is to determine the feasibility of the cure, these steps are unnecessary. Independent appraisals of the remainder uncured and cured generally are not required when the cost to cure represents a minor expenditure to assure continued operation or use of the remainder. The remainder has reduced marketability, since it falls well below the minimum lot size requirement of the Cl zoning district. Additionally, the building no longer exists in the remainder, since it is entirely located within Parcel 117, and the majority of the site improvements that served the office building no longer exists. The one access driveway on NW I' Street is eliminated by the acquisition, and the prqject is not restoring access to the site. The remaining site improvements have functional obsolescence and no longer contribute value to the remainder. The highest and best use of the remainder has changed from the before, and a reduction in marketability to the land occurs in the remainder. A cure plan to demolish the remaining site improvements is required to achieve the new highest and best use of the remainder. Parcel Sketch - Remainder Uncured . ...................... -1 M 802 640C -PURPOSE OF APPRAISAL OF REMAINDER AFTER THEACQKIMIIST I have determined the value of the remainder under the assumption that that the transportation facility has been completed according to the construction plans and that said facility is open for public use. It is pointed out that the market value of the parent tract before the acquisition has been determined and then the value of the part acquired has been subtracted. This results in the value of the remainder as part of the whole. The purpose of the appraisal of the remainder cured is to provide an opinion of market value to discover if there are any damages or special benefits by the acquisition. 680C -APPRAISAL PROBLEM FOR REMAINDER CURED The purpose of the appraisal cured is to determine the market value after the acquisition. This is done by assuming the cure has been implemented. The appraisal of the after property must be made presuming the transportation facility has been completed according to the construction plans and is open for public use. In the remainder situation, the appraisal problem is the same as the bellore, utilizing similar valuation methods and sales. The reader is referenced to that section of the report for discussion. The remainder is changed from the before property, due to the large reduction in site size, loss of access, loss of building improvements, and demolition of remaining site improvements that don't contribute value. The remainder property now contains 4,982 square feet (0.114 acres). The FDOT acquisition represents a 66.10% reduction in the size. The remainder cured is no longer an improved property, and it has no access from any of its three road frontages. The cure plan removes remnant asphalt pavement, concrete curbing, fencing and shrubs and grades this area after these items are removed. The remainder cured property is now a vacant site with a few mature trees and abuts two single-family homes to the south. The reader is referred to Section 230, Pe, h. and Sketches for the description of the remainder �gjLition of _!!We "r " . .......... — topography, flood plain, drainage, soil characteristics and utilities. No changes in the Zoning, Land Use and Concurrency have occurred in the appraisal of t remainder. The reader may refer to Section 240, Z i and Use Plan and Concurrencv. Florida Department of Transportation (FDOT) proposes the widening of State Road 9 (1-940 including auxiliary lanes and ramps and widening of Gateway Boulevard included addition travel lanes and turn lanes with a raised landscape median, bike lanes and sidewalks alo] M 803 r Remainder Cured Gateway Boulevard. In addition, drainage ponds will be constructed within the project limits for surface water management forte project, 775C -EFFECT OF ACQUISITIONN REMAINDER CURED The remainder has reduced marketability, since it falls well below the minimum lot size requirement of the CI zoning district. The remainder site size is now 4,982 square feet, and code requires a rninimum lot size of 9,000 square feet, Office development is no longer physically or legally possible on the remainder property. The building no longer exists in the remainder, since it is entirely located within parcel 117, and the majority of the site improvements that served the office building no longer exists. The e remaining site improvements have functional obsolescence. The cure plan rea'toves remnant asphalt pavement, concrete curbing, fencing and shrubs and grades this area after these items are removed. The remainder cured property is now a vacant site with a few mature trees and abuts two single-family homes to the south. The one access driveway on NW I" Street is eliminated by the acquisition, and the project is not restoring access to the site. The remainder cured is no longer ani proved property, and it has no access frorn any of'its three road frontages. The highest and best use of the remainder has changed from the before, and a reduction in marketability to the land occurs in the remainder. A cure plan to demolish the remaining site improvements is required to achieve the new highest and best use of the remainder. 800C—H1GffEST AND BEST USE OF REMAINDER CURED [due to the reasons previously discussed, the highest and best use of the reinainder is different from the parent tract. g!jjhqst.-and wBest Use Analysis As "acant __11..____1 _ Leg ally Permissible The remainder is still zoned C 1 (Office Professional) and has a future land use designation of OC; (Office Commercial). However, it no longer meets the minimum lot size requirement of these districts. Physically Possible The remainder's site sire and shape are no longer suitable for office development. The remainder also has no developed access to any of its three roadway frontages. As an independent parcel, vertical development is not physically possible for any type of use. NR 804 Remainder Cured A prudent owner would not vertically develop a site with the legal and physical limitations of the remainder. As such, the only feasible use of the remainder property is assemblage with the existing single-family development to the south as surplus residential land value. Maximally Produclive The maximally productive use of the remainder is for assemblage with the existing single-family development to the south as surplus residential land value. No other uses compete. fflillghe.* And QotlbAnqb_,s_is._A5'_!m[miYd After the cure plan is implemented, the remainder cured is vacant land and the analysis of the site as improved is no longer applicable. The improvements from the before analysis no longer exists. 802C-11IGHES' AND BEST USE CONCLUSION OF REMAINDER CURED Conclusion - As Vacant The highest and best use of the remainder is for assemblage with the existing single-family development to the South as surplus residential land value Conclusion,,,,,,-, wA sI i -)roved ........................... _ No applicable — the improvements from the before analysis no longer exists. 805C -APPROACHES TO VALUE USED AND EXCLUDED FOR REMAINDER CURED Valuation of Site as Vacant ............... - ...... - .... I have not performed a Sales Comparison Approach analysis, as was performed in the before situation. The highest and best use of the remainder cured is longer commercial development such as office, and it is not comparable to the sales previously analyzed. The remainder has no independent access. Its lot size no longer meets the minimum lot size requirement of the CI district, and its site size and shape prohibit adequate area for commercial development. As such, the land value indication of the parent tract no longer applies to the land value of the remainder, and a percentage discount to the before value would not be commensurate with the new highest and best use of the remainder. The remainder has a different highest and best use, and its marketability is reduced from the before property. Sales of commercial sites with no access and similar physical/legal restraints as the remainder that were purchased for residential assemblage as surplus land could not be located within the market. 805 ------------------ emainder Cured I have researched residential land sales within my files, and I have isolated the contributory value of residential surplus d based on pairing residential. lot sales with smaller/typical sizes (no surplus land). This analysis illustrates that the contributory value of ,- $3.65 to $7.28 surplusper square foot with a mean of $5.44 per square foot. This same analysis shows a diminution in value from 55% to 83% with a mean of 69% for the percentage from 17% to 45% with a mean of 3 1 %. ,.11m,"n"3101 3103111 Based on the previous analysis, the market value of the remainder cured is best represented by $3.75 per square foot. This is calculated asfollows: $3 75 / SF X 4,982 SF $18,683 _Rounded, $1-8111,16 0 0 890C -RECONCILIATION OF REMAINDER VALUE INDICATIONS AND FINAL VALUE OPINION OF THE REMAINDER CURED FINAL CONCLUSION OF MARKET VALUE OF REMAINDER CURED $18,600 895C -ALLOCATION OF LAND BUILDINGS STRUCTURES AND OTHER IMPROVEMENTS FOR THE REMAINDER CURED ALLOCATION OF VALUE: All building and site improvements from the before have been removed and no longer exist on the remainder cured property. Only land value remains for the remainder cured. Remainder Cured Allocation ._ ww_......... w w.._..�................................_�. Land $18,600 Site Improvements $0 Building Improvements $0 Total $18,600 M T E Damages/Cast to Cure/Special Benefits 900C -SUPPORT FOR DAMAGES/NO DAMAGES TO THE REMAINDER There are damages to the remainder, which can be illustrated by comparing the remainder as part of the whole to the remainder cured. The remainder cured does not have the same functionality and marketability as the before property. The damages recognize the loss of all improvgments, loss of access and change in the land's legal and physical attributes. The damages are incurable. Before .Property $592,200 Part Acquired $444,900 Remainder as Part of Whole $147,300 Remainder Cured $18,600 Damages $128,700 91OC-COST-TO-CURE The cure plan includes removing remaining asphalt pavement, removing remaining concrete curbing, removing remaining metal chain-link fencing on southern boundary, removing landscaping hedges and grading site area where these items have been removed. The wood fence on the southern boundary appears to be offsite and owned by the residential lot to the south. The cure cost from Eddie Herrin, Gen Con, is $8,347.33. I have added a 10% contingency and owner's incentive ($834.77) to Mr. Herrin's cost. This results in a gross cost to cure of $9,182.50, rounded to $9,200. No items are damaged to implement the cure and not replaced in like kind nor are items of the cure already paid for in the acquisition. As such, the net cost to cure equals $9,200. The net cost to cure is summarized in the following chart. A remainder cured sketch follows the chart. 807 „1?Ti,,,... ..... ry i� �/ �:... �i, a ,;;,, /G, rc, / ,,, a,n //,,,ei i �//ri�c !%//, /%% ��i r//��////c�ii „ rri rri r%/lira i/ ✓i/ % %� ;liij//i/iii /, #11�Q, i /�i/,!�%/i Item Qty Unit jUflitCost Total Item Qty Unit Icost Total Qty Unit Unit Cost Total Clearing IDemolition , Demolish/Remove As shalt Pavinr4t 2 706 SF $1.51' $4,074 57' —$1,169.73$1,169.73. $4,074.57 Demolish/Remove Concrete Curbiu 123 IF $9.51 — _ — Remove 4' CL Fence Remainder 193 LF $9.91 $1,91 L91 � � _. _. _. $1911.91 Remove HedLe Remainder 1 LS $317.00 $317.(y �.,._....... �. �.�. � $317.00 t?arthwork S4e Grade Remainder 2,207 Slb $0.40 $874.52 $874.52 Total: Gross Cure $8,347.73 Total $0.00 Total $0.00 $8,347.73 Plus: Items Damaged to Implement Cure $0.00 Cost to Cure or Restabfish $8,347.73 Add Contingency & owner's Incentive (101/oofGross Cure)*** $834.77 $834.77 Cost to Cure Including Incentive (Use in Summary of Values) $9,200.00 Rounded, Less: Items Paid For In Acquistion $0.00 Rounded, Net Cost to Cure $9,200.00 Rounded, $9,182.50' Net Cost to Cure, Rounded $9,200.00 $9,200.00 807 I wall Damages/Cost to EurelSpecial Heneflts Parcel Sketch ...--�.�Remainder C.P.r.e. d 920 -SPECIAL BENEFITS There are no special benefits to the property. 808 1 ................ . .....aw....... Summary of Values 995 -SUMMARY OF VALUES Parcel 117 Allocation Land $242,900 Site Improvements $44,600 Buildin Im rovements $157;400 Total $444,900 Partial Acquistions 1 Before Property $592,200 2 Part Acquired $444,900 3.Remainder AsPart ofWhole {1-2} $147,300 4 Remainder Uncured $18,600 5 Damages (Total Uncured) i3-41 $128,700 6 Special Benefits $0 7 Damages {5-6} $128,700 Summary of Total Compensation Part Acquired f 2 $444,900 Damages Incurable {1 11 $128,700 Cost to CLire Net 1] 41 $9,200 TOTAL COMPENSATION $582,800 Parcel 704 is a temporary construction easement and is analyzed on the following pages. The above total compensation is only for Parcel 117. .O 809 . ... . . ...... . . . ..... . .................. ......... ................. . ..... . Valuation of Temporary Construction Easement JUN The temporary construction easement acquired consists of 124 square feet, or 0.003 acres. It is located near the southwest corner of the site at the NW I " Street driveway. It has a width of 5.00 feet and ranges in length from 24.80 feet to 24.91 feet. Parcel 704 is a temporary construction easement (TCE) that is being acquired for the purpose of tying in and harmonizing said property and the driveways, walkways, etc. together with the right of access, ingress and egress, along with any other incidences necessary or convenient in connection with the construction to be undertaken by the Department, in State Road (Interstate 95), adjacent thereto. This easement is granted upon the condition that the sloping and/or grading upon the land shall not extend beyond the limits ofthe easement area, and that all grading or sloping shall conform to all existing structural improvements within the limits designated, and all work will be performed in such manner that the existing structural improvements will not be damaged. PARCEL 704 124 Square Feet The expiration date of Parcel 704 is the last day of July 2031. The date of value is October 5, 2022, so the start date of the TCE is November 1, 2022, The legal description of Parcel 704 is contained in the addenda. It should be noted that the TCE corruncrice date is fior reasonable analysis. The actual lease term will cornmence upon acquisition by FDOT. A parcel sketch of Parcel 704 is illustrated below. 222+22A3 sal 20737" RT RtW ql�—E– T N 87'13'49' E X0. J zju Ln C4 3 ca 122+16.68 MAP RT-"", fi.67' 122+2335 132.161 RT 36 11.67- j'CS7ii'35' W DETAIL "A" (NOT TO SCALE) a] 810 Valuation of Temporary Construction Easement 490—VALUATION OF TEMPORARY EASEMENT ACQUIRE To estimate the value contribution of the above-mentioned temporary construction easement, a search was made for comparable ground leases. I have researched commercial land capitalization rates to calculate a lease rate for the TCE. I have analyzed several ground leases for commercial properties. These ground leases were for triple net leased long term good quality tenants. The capitalization rates ranged from 4.50% to 6.50% with a mean of 5.25%. Following is a chart illustrating land capitalization rates for ground leases. ........................... ........ Location ...,_-_..ry._. ....� _ _......._ ....... _ Name -- --------- ............ .n......, w.._ww Sale Date ............. ........._ww. Sale Price ___.....w .....w ._.p ..... C� Rate C Tenn Remaining . 4495 US Hwy 1, Vero Beach, FL Wawa 3/15/2021 $4,222,222 4.50% 20 yrs + Options 9200 Turkey Lake Rd, Orlando, FL 7 -Eleven 2/16/2021 $2,744,400 4.55% 10 yrs + Options 14011 WalsinghamRd, Largo, FL Take 5 09 Change 12/21/2020 $1,390,000 6.37% 13 yrs +Options 1525 US Hwy 19, Holiday, FL Take 5 00 Change 11/18/2020 $1,297,900 6.50% 11 yrs + Options 1602 E. Brandon Blvd, Valrico, FL Valvoline OR Change 9/21/2020 $1,450,000 5.88% 12 yrs; + Options 10 North Hopkins Ave, Titusville, FL Cumberland Farms 3/14/2019 $2,822,500 4.78% 20 yrs + Options 2186 Bloomingdale Ave, Valrico, FL Auto Zone 1/28/2019 $1,185,000 5.49% 15 yrs + Options 260 NE Prima Vista Blvd, Port St. Lucie, FL Wawa 12/27/2018 $4,000,000 4.75% 20 yrs + Options 3333 W. Hillsboro Blvd, Deerfield Beach, FL JPDQ 12/19/2018 $3,625,000 5.10% 20 yrs + Options 12350 Cortez Blvd, Brooksville, FL Long horn 11/16/2018 $2,550,000 5.10% 10 yrs + Options 925 S. Orlando Ave, Winter Park, FL IPDQ 7/25/2018 $3,430,000 5.25% 15 yrs + Options 12280 Cortez Blvd, Brooksville, FL Cheddar's 6/8/2018 $2,562,500 5.07% 10 yrs + Options 5035 S. Oran a Blossom TrailKissimare, FL g...._._._.._... .. _ ..... -........ Wawa ........................ .._... 4/19/2018 $3 469 388 ___- , ............. 4 90% _ .,..... 16 s +Options....... Valuation of Easement — Parcel 704 The valuation of the land involved in the temporary easement area is performed similarly to the valuation of the parent tract. As discussed, analysis of land sales concluded a land value for the parent tract of $25.00 per square foot. The fee simple value of Parcel 704 is calculated as follows: 124 SF X $25.00 / SF = $3,100 The easement is not considered to eliminate the full bundle of rights that the property owner has to the easement area. The easement area is temporary and is to be utilized for construction purposes. I have analyzed several land leases from 4.50% to 6.50% of land value. Therefore, it is my opinion that 5.00% of the fee simple value is an appropriate percentage for the easement area per year. This results in an annual lease payment for the temporary construction easement. Fee Simple Value: $3,100 x 5.00% = $155.00 Annually $155.00 / 12 Months = $12.92 Monthly 92 811 ��:, ��........... ............._ ............ ........... ............ Valuation of Temporary Construction Easement Inflation Rate: :From 2012 to 2022 year to date, the inflation rate has ranged from 0.7% to 8.2%, with a mean of approximately 2.70%. The highest inflation rates of 7.0% and 8.2% are from the last two years. As such, the TCE lease payments are adjusted upward 5.00% for inflation each year after the first year. Monthly payments made within the first l2 months are not inflated. The CPI trend is shown in the following chart. Discount Rate: If a lump sum payment for the 105 -month tenn is received in advance, typically a discount for the time value of money is warranted. As of the date of this report, the U.S. Prime Rate is 6.25%. The five-year treasury rate is 4.285%, and the ten-year treasury rate is 4.022%. If a built-up method is utilized, another 3.00% would typically be included for liquidity, risk, and management. This would indicate a discount rate range from 7.285% to 9.25%. 1 have used concluded a discount rate of 8.00% in this analysis. The total cash flow of the TCE with inflation and no discount is $1,626.81. After the discount rate is applied, the present value of the TCE for Parcel 704 is $1,151.88. This is rounded to $1,200. The calculation of the market value of Parcel 704 is shown in the chart on the following pages. 93 812 Valuation of Temporary Construction Easement Present Value of TCE Payments - MoOW Payments Assumj)tions: Date of Value October 5, 2022 Start 1emi, Say November 1, 2022 'I'CE Expiration July 31, 2031 (105 -month term) 704 Land Value $/SF $25.00 TCE SF 124 Fee Simple Part Acquired $3,100.00 Land Capitati7ation Rate 5.00% Annual Land Lease Rate $155.00 Monthly Land Lease Rate $12.92 Inflation Rate 5.00% Discount Rate 8.00% Payments per Year 12 w 813 Nov -22 Ek ---c-22 Jan -23 Feb -23 Kar -23 Apr -23 May -23 Jun -23 ®1a a1-23 Aug -23 Sep -23 Oct -23 Nov -23 Dec -2.3 Jan -24 Feb -24 Mar -24 Apr --24 May -24 J Hama --24 Jul -24 Aug -24. Sep --24 Oct --24 Nov --24 Dec -24 Jan -25 Feb -25 Mm -2-5 Apr -25 5 Maly -25 Jun -25 Jul -25 Aug -25 Scp-25 Oct -25 Nov -25 Dcc-25 .Jan -26 Feb -26 Mar -26 ,filar -26 May -26 Jun -26 Jul -26 Aug -26 Sep Oct -26 Nov -26 Imac-26 Jan -27 Feb -27 Mar -27 Apr -27 1V4cay-2`? .1 ui-27 $12.92 $12.92 $12.92 $12.92 $12.92 $12.92 $12.92 $12.92 $12.92 $12.92 $12.92 $12.92 $13.57 $13.57 $13.57 $1:3.57 $13.57 $13.57 $13.57 $13.57 $13.57 $13.57 $13-57 $13.57 $ "9 4.25 $14.25 $11.25 $14.25 $14.25 $14.25 $144.25 $14.25 $14.25 $14.25 $14.25 $14.25 $:14.96 $14.96 $14.96 $14.96 $1.4.96 $1.4.96 $14.96 $14.96 $1.4.96 $14.96 $ 14.96 $14.96 $15.7.1. $15.71 $1.5.71 $15.71 $1.5.71 $15.71 $15.71 $15.71. Valuation of Temporary Construction Easement 95 P.V. Factor 1.0000 0.9934 0.9868 0.9803 0.9738 0.9673 0.9609 0.9546 0.9482 0.9420 0.9357 0.9295 0.9234 0.9172 0.9112 0.9051 0.8991 0.8932 0.8873 0.8814 0.8756 0.8698 0.8640 0.8583 0.8526 0.8470 0.8413 0.8358 0.8302 0.8247 0.8193 0.8138 0.8085 0.8031 0.7978 0.7925 0.7873 0.7820 0.7769 0.7717 0.7666 0.7615 0.7565 0.7515 0.7465 0.7416 0.7366 0.7318 0.7269 0.7221 0.7173 0.7126 0.7079 0.7032 0.6985 0.6939 Present Value $12.92 $12.92 $12.92 $12.92 $12.92 $12.50 $12.41 $12.33 $12.25 $12.17 $12.09 $12.01 $12.53 $12.45 $12.36 $12.28 $12.20 $12.12 $12.04 $11.96 $11.88 $11.80 $11.72 $11.65 $12.15 $12.07 $11.99 $11.91 $11.83 $11.75 $1.1.68 $11.60 $11.52 $11.44 $11.37 $11.29 $1.1.78 $11.70 $11.62 $11.54 $11.47 $11.39 $11.32 $11.24 $11.17 $11.09 $11.02 $10.95 $11.42 $11.34 $11.27 $11.19 $11.12 $11.05 $10.97 $10.90 814 Valuation of Temporary Construction Easement Jul -27 $15.71 0.6893 $10.83 Aug -27 $15.71 0.6847 $10.76 Sep -27 $15.71 0.6802 $10.69 Oct -27 $15.71 0.6757 $10.62 Nov -27 $16.50 0.6712 $11.07 Dec -27 $16.50 0.6668 $11.00 Jan -28 $16.50 0.6623 $10.93 Feb -28 $16.50 0.6580 $10.86 Mar -28 $16.50 0.6536 $10.78 Apr -28 $16.50 0.6493 $10.71 May -28 $16.50 0.6450 $10.64 Jun -28 $16.50 0.6407 $10.57 Jul -28 $16.50 0.6365 $10.50 Aug -28 $16.50 0.6322 $10.43 Sep -28 $16.50 0.6281 $10.36 Oct -28 $16.50 0.6239 $10.29 Nov -28 $17.33 0.6198 $10.74 Dec -28 $17.33 0.6157 $10.67 Jan -29 $17.33 0.61 16 $10.60 Feb -29 $17.33 0.6075 $1.0.53 Mar --29 $17.33 0.6035 $10.46 Apr -29 $17.33 0.5995 $10.39 May -29 $17.33 0.5955 $10.32 Jun -29 $17.33 0.5916 $10.25 Jul -29 $17.33 0.5877 $10.18 Aug -29 $17.33 0.5838 $10.12 Sep -29 $17.33 0.5799 $10.05 Oct -29 $17.33 0.5761 $9.98 Nov -29 $17.33 0.5723 $9.92 Dec -29 $17.33 0.5685 $9.85 Jan -30 $17.33 0.5647 $9.79 Feb -30 $17.33 0.5610 $9.72 Mar -30 $17.33 0.5573 $9.66 Apr -30 $17.33 0.5536 $9.59 May -30 $17.33 0.5499 $9.53 Jun -30 $17.33 0.5463 $9.47 Jul -30 $17.33 0.5426 $9.40 Aug -30 $17.33 0.5391 $9.34 Sep -30 $17.33 0.5355 $9.28 Oct -30 $17.33 0.5319 $9.22 Nov -30 $17.33 0.5284 $9.16 Dec -30 $17.33 0.5249 $9.10 Jan -31 $17.33 0.5214 $9.04 Feb -31 $17.33 0.5180 $8.98 Mar -31 $17.33 0.5146 $8.92 Apr -31 $17.33 0.5111 $8.86 May -31 $17.33 0.5078 $8.80 Jun -31 $.17.33 0.5044 $8.74 Jul -31 $17.33 0.5011 $8.68 Total $1,151.88 Total Present Value of TCE .O Rounded, � $1,200 815 ........................................ Valuation of Temporary Construction Easement Lmprgypment Valuation ....... Valuation .. --. All improvements have been demolished as part of the cure. Cost .Cur- No cost to cure is required do to the change in highest and best use. The improvements in the remainder no longer contribute value and are removed as part of the cost to cure in Parcel 117. Parcel 704 is allocated as follows: Land Compensation Improvement Compensation NetCosuo ureCom)ensation TOTAL COMPENSATION 97 Parcel 704 $1,200 $0 $0 $1,200 L -W 996 -ADDENDA Legal Description — Parent Tract Legal Description — Part Acquired Land Sales Map Land Sales Data Sheets Improved Sales Map Improved Sales Data Sheets Sexton Engineering Report/Skctchcs Gen -Con Reports & Charts Land Planner Report Contact Letter Project Resolution Sheet Qualifications: Curtis L. Phillips, MAI Michael F. Sexton, PE, PSM Eddie Herrin, GC Doug Kelly, AICP, CS] W Addenda 817 ADDENDA ADDENDA 818 LEGAL DESCRIPTION - PARENT TRACT ADDENDA 819 Paramount Title Services Inc. 12555 Orange Drive Suite 216 Davie, FI, 33330 UPDATED TITLE REPORT REPORT NO. 22100021 FP/ITEM SEG NO. 2319321 ROAD NO. 9 SECTION -JOB NO. 93220-2562 ROAD NAME I-95 @ Gateway Blvd. PARCEL NO. 117/704 CERTIFIED LEGAL DESCRIPTION Lots I through 3, Block 27, ROLLING GREEN RIDGE FIRST ADDITION, according to the Plat thereof recorded in Plat Book 24, Page 223, Public Records of Palm Beach County, Florida, Less portion described as: Begin at the NW corner of Lot 3, thence south 88 degrees 57'27" east 50.92 feet to the beginning of a curve concave southwesterly having a radius of 25 feet, thence southeasterly along said curve 38.33 feet through a central angle of 87degrees 51'25" to the end of curve thence north 89 degrees 25'29" west 75.90 feet, thence north 01 degrees 06'22" west 24.68 feet to the point of beginning. ADDENDA Page, of 4 820 LEGAL DESCRIPTION ADDENDA 4 821 Item/Segment No. 2319321 Section 93220-2562 01-28-20 Fee Simple Right of Way Parcel No. 117 State Road 9 (I-95) Palm Beach County Description A portion of Lots 1, 2, and 3, Block 27, ROLLING GREEN RIDGE FIRST ADDITION, according to the plat thereof, as recorded in Plat Book 24, Page 223, of the Public Records of Palm Beach County, Florida, lying in Section 16, Township 45 South, Range 43 East, as shown on Sheets 4 and 7 of the Florida Department of Transportation Right of Way Map for State Road 9 (Interstate 95), Item/Segment No. 2319321, Section 93220-2562, being more particularly described as follows: Commence at Southeast Corner of said Lot 3, also being a point on the Westerly Existing Right of Way line of North Seacrest Boulevard; thence North 01°31'25" West along said Westerly Existing Right of Way line, a distance of 8.53 feet to the POINT OF BEGINNING; thence North 48°04'06" West, a distance of 29.05 feet; thence South 87°13'49" West, a distance of 172.29 feet; thence South 01°31'25" East, a distance of 24.80 feet to a point on the South line of the aforesaid Lot 1; thence South 88°27'55" West along said South line, a distance of 6.67 feet to the Southwest Corner of said Lot 1, also being a point on the Easterly Existing Right of Way line of NW I st Street; thence North 01'31'25" West along said Easterly Existing Right of Way line, a distance of 55.84 feet to a point on the Southerly Existing Right of Way line of Gateway Boulevard; thence North 72°44'45" East along said Southerly Existing Right of Way line, a distance of 87.02 feet; thence South 89°50'28" East along said Southerly Existing Right of Way line, a distance of 116.29 feet to a point on the aforesaid Westerly Existing Right of Way line of North Seacrest Boulevard; thence South 01'31'25" East along said Westerly Existing Right of Way line, a distance of 67.45 feet to the POINT OF BEGINNING. Containing 9,714 square feet, more or less. ADDENDA 5 822 Item/Segment No. 2319321 Section 93220-2562 01-28-20 Temporary Easement Parcel No. 704 State Road 9 (I-95) Palm Beach County Description A portion of Lot 1, Block 27, ROLLING GREEN RIDGE FIRST ADDITION, according to the plat thereof, as recorded in Plat Book 24, Page 223, of the Public Records of Palm Beach County, Florida, lying in Section 16, Township 45 South, Range 43 East, as shown on Sheets 4 and 7 of the Florida Department of Transportation Right of Way Map for State Road 9 (Interstate 95), Item/Segment No. 2319321, Section 93220-2562, being more particularly described as follows: Commence at the Southwest Corner of said Lot 1, also being a point on the Easterly Existing Right of Way line of NW 1st Street; thence North 88°2755" East along the South line of said Lot 1, a distance of 6.67 feet to the POINT OF BEGINNING; thence North 01°31'25" West, a distance of 24.80 feet; thence North 87°13'49" East, a distance of 5.00 feet; thence South 01°31'25" East, a distance of 24.91 feet to a point on the South line of said Lot 1; thence South 88°27'55" West along said South line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 124 square feet, more or less. A temporary easement for the purpose of tying in and harmonizing said property and the walkways, etc. to the roadway improvements to be constructed within the right of way, together with the right of access, ingress and egress, and along with any other incidences necessary or convenient in connection with the construction to be undertaken by the Department. This temporary easement includes any excavation on the subject property required for the purposes stated herein. This Easement is granted upon the condition that the sloping and/or grading upon the above land shall not extend beyond the limits outlined above, including the right to ingress and egress, occupy, possess, and control the property for the stated purposes, to stage equipment for the stated purposes, and to act as the agent for the owner for purposes of applying for any necessary permits and/or approvals to accomplish the stated purposes. This Easement shall expire upon the completion of this transportation project but not later than the last day of July 2031. 823 LAND SALES MAP ADDENDA 824 ta"x Yr �.. �U$ -1101 I�' UK 1 r 7r f Ir, , �/f3 .a� 1J \ / Crastlimeri9tvd p ,J % FaIt11tS r r In'YNk r r, /fir" f kY /"I§YIP�UfA l':V!RT, illdtAYero tMN'reve N=( Greenacres Fu it u t 9 or � a crrrr�drar i o�w h tmalsfouca LA ° D %�r,'Yf �d��rYc fbfu�3Wa 5i�ar� ry r 9 //� ADDENDA S 825 LAND SALES DATA SHEETS EMOTE, mo -k ID No. .......................................,.., . 33521/80 I (A) Recording Data 33521/80, Palm Beach Coum (B) Grantor/Lessor Wilma S. Gancarz, a single woman (C) Grantee/Lessee _,,,,.wawa„ _ .... .,.,,.. Jens Property, LLC, a Florida Limited Liability Com pan (D) Date of TransactionApril 26,--2022 (E) Date Inspected September 29, 2022 (F) Size/Topography/ „ Size. 0.221 acres (9,634 SF), based on Palm Beach Floodplain/Wetlands County Property Appraiser. This sale comprises one parcel. The Palm Beach County Property Appraiser website gives the parcel in square feet. This total square footage is converted to acres and rounded three decimal places. Topography: Level and clear of vegetation FloodlLlain;. Flood Zone X (Panel 1209900781 F, dated 10/5%2017) Wetlands: None (G) Consideration $225,000 (H) Unit Price$23.35 leer square foot ") 11)l)e of Instrument Warranty Deed ( ax Id N er38-43-44-27-01-089-0120 ...... ......... ......... ....... ........... ......... . (If) Address/Location 1621 S. Federal Highway, Labe Worth Beach, FL 33460 West side of S. Federal Highway just north of IV, Avenue S. within the City of Lake Worth each, _-_____ ( Zoning ----- ________ --_.__ ______ __ ___ __ __ _ .... -- MU -FH, Mixed Use Federal Highway, by City of Lake Worth Beach Future Land Use MU -E, Mixed Use East, by City of Lake Worth Beach ADDENDA 10 827 The zoning and future land use are consistent. No issues I ...... of concurrencN would affect developmentI)otential. (M) Present Use Vacant lot (N) Highest & Best Use Commercial development Condition O) of Transaction _Arm's length (P) Financing _,...,.,,............ _. Cash to Seller (Q) Encumbrances No easements or other encumbrances that adversely affect the site were noted in public records. (R) Type of Improvements The site was vacant at the time of sale. No improvements contributed to the sale price. Soil Types Tn)ical sand, series. Drainage No drainage problems were noted. No existing drainage sN stem is located on this site. Frontage S. Federal Highway: 70.60' AlleN : 70.30' (S) Utilities (Type/Distance) 1 All utilities were available to the site at the time of sale. (T) Verification - Party Keith Korpi Phone 561-523-2624 Relation to sale Listing Broker Verified Ryan M. Powell Date Sqtember 22, 2022 (U) Motivation The seller sold to profit. The buyer's ultimate development plans are unknown. The buyer purchased two other contiguous parcels (north and west) in different transactions and is assemblinO land at this location. (V) Analysis of Pertinent The transaction was reported to be arm's length with Information & Cash Equivalency° tyj)ical, cash -equivalent financing terms. (") Exposure Time 6 to 12 months (N) Number of Days on Market 2 daN s (Y) Remarks Traffic Counts (N. Federal Hwy): 8,300 AADT No other sales occurred m the prior five years. Uses that ADDENDA 11 828 ADDENDA 12 829 PARCEL SKETCH / AERIAL ADDENDA 13 830 FLAT MAP ADDENDA 14 831 View west into site from S. Federal Highway. Taken by Curtis Phillips, MAI — October 5, 2022 ADDENDA 15 832 LOCATION MAP ............................ . . . ...... A, al I MhN1111 fa ffltz� ��,Tvot,v' �ioy L10 p1h A,,, S I Ah A,,i I wO, ADDENDA 16 TeMAS Yp 833 RECORDED DOCUMENTS 11A APVLuyldnmrk Web r0ldul Remeds Semc�g OFN 2,0220 189158 1 OR S 52 PG so REWROEPOWN2022, M1415 AMIr =,daa ' W Lie -.m noc I "b�wqm Jpsaph AbrdZV3 c1lork Pampared by sod RAWth'To! Chma KNIq Tgldanl Thte, u qfttsfim of p?ld("m%tl8'Vd8 Gmup" l.Lc W 00 1301 N. 0 soymkJm Beach, ri-:mku'o 1101 ..... . .... -------- g, DEED MS WKIRANTY DEED rtat rt J tat Wilkna S. Govicarz, a sfin& mpian, hareirmfkar cM%X the pmk'e' I kr, k', Pnams p a uYllubd Uar.40bi Qmqxavy WhIme ptxat affhe ididmss ts 1621 S Fe'dwo H% Lake 9 k, , (WhaTuver used Rts radd 1Mr1f" fF.'rrr yr, a 4"c;t e s0 the ped es to Ws Mstrument armJ the hedrs, tOgal scffrra s,asttar6rar and, as's,99"ll, b WS, the avem"ossors and avwtgns Of ,,VIVO, mrNESSETH That V'* gmrdryfor,erfd �a ?Nm of'ron And Not'= Ddb ars ($10,00) and other valkstible, cansWerWHon, recweipk wharsof is iveraby hinreby grants, Wwgmns, sags, M�zrws, ramlses, ralleGS&S, COM'Sr_, Wvi confims unto the grikj�",p'j , �" the cerWn Wid StWaled tae ft cicwnty al Palm Bum"h, slau'-� 41f, Revida, towmAv aoOtT Lat 12, Blocx 80, to T("Wffit OF LAKE- WORTH, Polda, acucrdhla tq, lil'W YNat that eof receudedin Plat BookS, Plages 6 ffirough, 9, �nchhs`ve, Pukrfic RscoNs a' Palm IBalig' a'unt.y�, Flodde, Subjeclio r.vwswvenls, s M aYsR Pana, rp"O"Vafflor's aml iImNt'ons & rcx"0r'j';fW'y 7',GGETHER vyKh rill the; temernen',s, kwreaftsrrtf. .nt, Vao appuftmmer, ffiersto Wongktg w irl any vWse 'Tro HAVE MIDI Q HOLD trie mme m Pee Sfmple farsv�ll, AND Me grrantot heyaoy covenamft 'Ah se'd gramse Rhal thea granta, Is WmfivHy isdmd of, saJd Wiqd kw ree MirntAe,, at. the grantor has goad right and lul auLhorky to saff and naive y sald land' that the grantor hg - y Uly "Vdrranis the We tea 83i'd kln4 aqzd wffl d0end #Natasme OgOvst lhe 1900 fUm- "If aP, perstwrm "Whomace'ver; and that bild 3s firee r; aH 6xcelpf faxes xxinAng m4hruxpgmt to Decembar 31, P020, Dood DYWOWY - M* b kxk) Aml v l"deya e up&WA, 48&4'pp.rw I hrtt2rta.dPatua.ramabaan4;ma�r�aca:rieu0s"artd4aJfuss°arnaarat�oaaJPnkwa?„a�R26arak�taa9"a�"�Jaa�r�ttasaYaM�pa¢roa�>attllaar�rvtpanatiaakaaa,��2Ft„r°ti�e,ranurrazv*=�waS,a ,91t? F.111010100103.11 17 834 WIM 11WAAM Landm.wx Web Oftal RecotcWSebmh ON2=201dlAg1 660K 33521 PAW 64 2or2 � t INARRAIM Dill't 0 OgwrWimod'� IS WFTNESS W� WRED lWonagned have execumd tMs doc�jmvnt oro the dmts(s) sat failh beirm S I IOPAd, All 10f reaw 012SMarWayspunioShod. P rfin U4mvve F;Wlt Rim state of rounty oF The, foregcMq Was 069unoMutged uorpre jtem by 'physiml �*egmva or unhm , U t) i no M I, h g 47, a y of ILIA , known IQ be Me, -AE descaball M ur WN0 Rve m emnliflcawkm and who ve 1)11�ftccld eq5 irrd h ey N Io mvele �90 exacuted We saine, My CmIlOssiM Expim L --IA 1-31 cr 0m9VpZ* FLUI WA ADDENDA 18 835 11---l- _.....I'll .....------ ____----------------- ______ . ................ ID No.33432/786 ........ _......... ........... ............... -- .._._._ ..,........ 1A) Recording. Data33432/786, ......... ... ..... . Palm Beach Count (B) Grantor/Lessor Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III, of Florida Statutes (C�Grantee/Lessee .. ... Boynton Beach Office Condominium, LLC D) Date.............. of Transaction _. ,,_..____a_._ ,.. March 17, 2022 _(E) Date Inspected September 29, 2022 (FSize/Topography/,...... Size: 0.289 acres (12,609 SF), based on Palm Beach Floodplain/Wetlands County Property Appraiser. This sale comprises two contiguous parcels. The Palm Beach County Property Appraiser website gives each parcel in square feet (6,575 SF + 6,034 SF = 12,609 SF). This total square footage is converted to acres and rounded three decimal places. The legal description in the deed is incomplete and the plat of record that is referenced in the deed does not detail the eminent domain acquisition that has occurred since the plat was recorded or source the OR Book and Page of'the acquisition. As such, the Palm Beach County Property Appraiser site size is relied upon and site dimensions for this site are estimated using aerial measurements with GIS mapping sofhvare. Topography: Level and clear of vegetation Flood 1& Flood Zone X (Panel 12099C0791F, dated 10/5/2017) Wetlands: None (Gw)Consideration ........... ........ _ $342„100...... 1"H) Unit Price$27.13ear sluare foot (I) Te of Instrument ............ .. nts Deed S �eclal Warra..ry..ry _ .... �........... 1 .......... -_..__ ..--------- .....w..........w.... ....... w.. ......... (T) Tax Id Number 08-43-45-21-32-002-0201 & 08-43-45-21-32-00)2-0211 ADDENDA 19 836 (K) Address/Location 1102 & 1110 N. Federal Highway, Boynton Beach, FL 33435 This sale comprises two contiguous parcels at the northeast corner of the signalized intersection of N. Federal Highway and NE 10th Avenue within the City of Boynton Beach. NE 10th Avenue turns into M L King Jr a west of N. Federal Highw.ay. ............. _._ ,,,, ___ __ (L) Zoning _............ ___, _._._..,... ............... C4, General Commercial, with an Urban Commercial District Overlay, by the City of Boynton Beach ........_. ..,u Future Land Use General Commercial b the City of Boynton Beach ........, The zoning and future land use are consistent. No issues of concurrencN would affect development potential. (M) Present Use Vacant lot ® (N) Highest & Best Use _ __. Commercial development 101 Condition of Transaction Arms lens th ®..n .......... __._. --- - Financ (P1 m --- ,._Cash to Seller (Q) Encumbrances No easements or other encumbrances that adversely n public records. affect the site were noted i.„ __..... ___...._.... (R) Type of Improvements The site was vacant at the time of sale. No improvements contributed to the sale price AO1 Soil TJlaes TNl)ical sandy series. ..... ._ ,,, _._.__... ._......... Drainage No drainage problems werenoted No existing drainage sN stem is located on this site. Frontage N. Federal Highway: 120.00'+/ - Corner Clip: 15.00' +/- NE 10th Avenue: 90.00' +/- (S► Utilities IT I)e/Distance) _. All utilities were available to the site at the time of sale .... _._._. ._._ (T) Verification - Party _. _....... ......... _ ..m ................ ........... _._.. ........ ......... Theresa Utterback Phone 561-600-9094 Relation to sale Buyer Representative (Boynton Beach CRA) Verified Ryan M. Powell DateSeptember 20, 2022 �l .. Motivation _ The seller sold to profit and wanted a buyer to develoli ADDENDA 20 837 ......... .. ............ .............. ... ................... .. .... ............. . ......._..._ .........._ ........_ the property. The buyer plans to develop with two office condominiums. (V) Analysis of Pertinent The transaction was reported to be arm's length with Information &Cash E�uivalenc11ca1, equivalent financims m-, ter cash- _ ... ................. (i Exposure Time .......... ......... ......... ........... _.. 6 to 12 months _..... __.. _ .._................. ( ) f Dav s on Market X Number o.._ . ..dw................................. N/A __...._.__... _....._._ ,........ --------------------------- (Y) Remarks ...----_....... .... ....._...._.__ ., . ....._............ - ._.... Traffic Counts (N. Federal Hwy): 18,400 AADT Traffic Counts (NE 10th Ave): N/A Traffic Counts (M L King Jr Blvd): 2,700 AADT Both parcels were previously improved with older retail buildings, but all improvements were demolished prior to the most recent sale analyzed (33432/786). Parcel 08-43-45-21-32-002-0201 previously sold as Improved for $868,958 (31823/608) on September 30, 2020. The improvements were demolished after this sale. The buyer was the City of Boynton Beach who then transferred title to Boynton Beach CRA for $10 (31911/1915) on November 4, 2020. Parcel 08-43-45-21-32-002-0211 previously sold as improved for $170,000 (28957/1337) on March 15, 2017. The buyer was Boynton Beach CRA. The improvements were demolished after this sale. No other sales occurred during the prior five years. The property was not listed for sale, but the seller (Boynton Beach CRA) gave a public notice of intent to sell the site. They received multiple offers. The buyers initially offered individually then partnered in the purchase via joint venture. The buyers are an attorney and a survey company who plan to develop the site with two office condominiums. The seller wanted to see this property developed to get rid of blight in the area. This property has two curb -cuts with N. Federal Hiohway, alone its western boundary . __.. ................ ............. .. (Z) Sketch _........... ....w-________..... _. .......,,,, _ . ......... See Attached ADDENDA 21 838 AAS PhotoSee At (BB) Cop), of Deed See Attached ADDENDA 22 839 PARCELSKETCH / AERIAL ................. ............................. .....- ADDENDA 23 840 PLAT MAP The legral description in the deed is incomplete and the plat qfrecord that is rej&renced in the deed does not detail the eminent domain ticquisition that has occurred'since the plat was recorded orsou.rce the OR Book and Page (.,,I'Ihe acquisilion. As such, the Palm each Coi.inty Propert)) Appraiser site size is relied upon and site dimensions,fbr this site are estimated using ueri( W memwremenls with GIS n7apping soffivare. Therefore, the above plat exhibit will not match the approxiinale dimensions of parcel sketch that was shown. ADDENDA 24 841 View northeast into site from signalized intersection of N. Federal Highway and M L King Jr Boulevard. Taken by Curtis Phillips, MAI — October 5, 2022 ADDENDA ►.I 842 LOCATION MAP M i kv All"Il z �x f l ry ;va i^� irl T,nv:. ���/��%� ///�/ � i i4 iii%// ���J���///�/�, yarttnt�rr��.,. ,,off%///% ,i, ow �44rlvn w., 1P 11(h AV4 Wtlh Am N't 01hA,,o Mwmw jjr P51 W, fill I V 4�: �nh A", y 910in N", 90, A" NJ: M A I In), 4 11",j) A, W Pi, Aeon mh NEN A,/, ADDENDA 26 843 0400, 615 AM RECORDED DOCUMEN'll'S . ................................ ............ I kenned W. DOOP Leork. IlIgm still, lea 3!* S"Wh Iftmoiamms , k"00 WestNIEW 1knefi, muood'-&, T ia. Fib S oaN Thh $pzdal Warroully Deed mate ilqz Re&vcbmisent Agency, a publk apere-y wt&W p addf000 Is i9i k Dream Avoone, *16 Fkar, Candoashiam, UX, a Plokida Ifinked WUNkly 4 mi4oderstfilso UL 33312p SWIM (WK'=W-WWIA6i- khatmm' I Larolmwwsbo" kocutchs$98rch CFH 202201W14 OR Out OU32 Pd 700 REWRDMCS dWol/J02211-,04AI PQM,b"Ch CWrdy, Fbflda AMT342,lnq00 bew b6d z3,04.7o J6860i AbruzZo CCork egg Q'?W47"; (3pes) arranty Deed of Wff-k 2422. hatmeto Boynton Bmh Consmunity hq*m' 163, Par 111, of Florida ftWk-.% whose post offia "* FL 33'05� Fmitor, =A Daynto" oeficis 0"ke " pmt offike address is 3113 Stirling Bond, Sohe 103„ rw dzMr.4 tcgA grpmramn, 4vpj Whaessalb, %at Wtd &MMar, lot mid in CmWertrian of ft sum TFN'1��"Pr ,Neit w10of is reby acknowtedSod, ba OI`160 MLARS (610,00) anal ethev good /Af'%Ympurthe and vat valstr %vnAdeafions to said granwr In hand ydid by , I,,,, " snow, bavined, vMA oogo ft aid pranlee� and grant '911 'r and ang''704M14"Ver, the tMetvinaftwitsed long, Mmatt, kylog ad being in Paho Sueb Coming, Florlds, to -%i tirvrrbin That part of Lats.0, 21 and 22, Black 2, take AddftlWaa, a as 'YO ity 09 sayntom Heneb, plorw, accorlwe to the plot thetear rzoarded to Pbt Back I I. g,,,JPahUcRftcrd% at Palm SatA Cadoty, Worlds, dacrlbtd as kbTloww Natpontag at tke Southwest corver of Lot 20, Mqck2, 1AW A"t%*, roe RmhWy, stong The South Ike efaid Lat^o distance of U15(al gas point. UkMe plartdterty« attangles to the South Lim orsoM Lot 29, a d1oftnee of 430 feet, as w gem to a point Is the North Irmo hof ted :Z4 81[otit 2, take AddWan; thence rao Watedy, %long ft North Intanday time or said Lot 22, to the Norlbwerk corner or sold Lot 23,, slamig f4e, Wait qlas of Unit; 22x"21 one A to the Point of Wonnalff; oubjftl to WA50ag rimed e saoy SM& ilhhway #9 (SWe RMA 005y; LM the NArth sixty-sk fee (W) Mivwf as mesvuwxd at, dght angles to the North Not of the obwo4wrik.ol par AND The NVAA (A fitt As mot at r4hi Angles to thoNattla vabofthe fogarrmiog rrltlnad PAMM That Fort of4ts 20V 21 MNO 32, NO* 4 LOW rind a, 0 go Waal of 00 CAfy 6F8QyMoh boxoth, Florida, acrording to 1ho,lPlat theraA pa Me in,0fter of #& Cktk of aaeChvuft. Cha"'lo oa4 rar PAIN "ejN Chlwb.�Mokdn, totorif4in, Fitt Book 11, poi , i , 'ni'aritse ftiMe Riconk al 04nah 'ijst(y, Ojorikta, oodft p0rda" doorailmd GA 9WIOWS.- ftissift A tkc Sovibwed comer of Lat 20,,Ma%k 2,, We M4140a, no EnUdy.akag; "Sixua Him or Wit LatIN a abMw v(;t21,A thut to a palid; disaft *"h9ty, mi v,*,t aNittlea to tki Somilt 24 tied 6(sihi Lot a d1stomag oh3IJ tkot, hoarse a tte icsos ar point to OvaNterfli #hat �V%vtb, lfiqo 2, rado -AddltlaN Omen nas Wei" 9* hto Anrik hamadiry Mat of mid inst 12, M M= lit 844 MCM, 9.10 AM ADDENDA Londi)ffidal RewdsZoarch comw offto W 22; OWesti: Mtowmarky aboo tk wasoo Ike of 144 2% 31 and 7A up at POW 0 Famol Nu, p08,4345-21-32-,M�Mi et , M,01" Siftftil Tud" a NaLk", 4345-21 1666 Ado*ib al fttomwmi; ad atd anima ms n d edaaz ran aper in YW, 1k' himany v=u seva a or, of thim, Pwpp�m, wtdc# *011 he b oku fi�mc pw aftict fora N&d orrhm (5),ymsI fts CaHrmate ofMcupwcy, "M um. and cmdV.mm of dds r�&%g shog be a so " in dW in omit ApimmiV bdwwn Oic Puft haft m Effirfin 1" TM,o txmi is u4mo In dw wil"na a d r io Avennew dar.d �ary 21,2022, bvihmu dw Pis -hm and 0 and an rAM to tht Pum Deve 1 4, To Have and to field, *,c arms aim fde Sintp forgL And ow- Wmaw hereby omawas woh said ganwe dut d,mVikAjgg1,pwfh11y mlized of&2W tvW in fie z-hmp* dat &e prantor Isar VW rwt " twN whorky w Tenand c"Vey FWd zi d landand Mildtfendftmma agaimm the IdwN ckims ofulimms 2"i Ing ky, diawksh crui pmoci, fm WilLnum Wbermr, Wmt%w ho hatunto set pwatoes d mf and siml the SkFeA SaLed ad twt kw EW presevux: 4wWWwwwVAw4-F*2. owwThoo 28 845 LandmarkWeb Offidel Ror&6.0,ewch CM 20220189713 BOOK,,i342i PAGE 780 TOF 3 w by on" of 1XI Pkysiml pmew or Cl onfing uawkW=4 Iltis pp t. C ix, w PI -d Notary Pubk NMW r\k!,V es C 4wdm(WWY"V*a-Np3 ADDENDA &J, L -M ................................................................. ............... . ID No. ...... .. ......... . .... ...... ................ 33172/925 Recording Data ........... 33172/925, Palm Beach Couniv .. .... ...... . ... ... ... Grantor/Lessor .. . . ...... Abellon, P.A., a Florida Corporation Grantee/Lessee ......... ............---- 18311 Dixie Highway, LLC, a Florida Limited Liability Com , panN , . ...... . . . ........................ L.(D) Date of Transaction "I'll", ... ..... ..... II)e1cernber,128, 2021 E, Date Inspected September 29, 2022 .. .......... . ..... (F) Size/Topography/ Size: 0.443 acres (19,292 SF), based on Palm Beach Floodplain/Wetlands County Property Appraiser. This sale comprises one parcel. The Palm Beach County Property Appraiser website gives the parcel in square feet. This total square footage is converted to acres and rounded three decimal places. Topographer Level and clear of vegetation FloqdjL11ain; Flood Zone X (Panel 1209900781 F, dated 10/5/2017) Wetlands:� None Consideration", ........... ............... . . . . ......... . .. .... $365,000 . ....... (H) Unit Price $18.92 Dersouare foot (l)� Tv pe of Instrument -------------- ------------------------- .................... ......... . Warrant v Deed Tax Id Number 38-43-44-16-06-012-0011 (K) Address/Location .......... . .... .... . . .............. 1831 N. Dixie Highway, Lake Worth Beach, FL 33460 Southwest corner of the non -signalized intersection of N. Dixie Highway and 19" Avenue N. within the City of Lake Worth Beach, ..................................... (L), Zoning MU -Dixie, Mixed Use Dixie Highway, by City of Lake Worth Beach ADDENDA 30 847 Future Land Use MU-E, Mixed Use East, by City of Lake Worth Beach _..., ..� „ The zoning and future land use are consistent. No issues of concurrency would affect development potential. ®. ( Present Use Vacant lot (N) Highest & Best Use Commercial development (O Condition of Transaction _..... Arm's lend„th ........ .... ....... (P) Financing Cash to Seller (Q) Encumbrances No easements or other encumbrances that adversely affect the site were noted in public records. (R) Type of Improvements The site was vacant at the time of sale. No improvements contributed to the sale price. Soil Types_ Y� pical sande, series. Drainage No drainage problems were noted. No existing drainage s% stem is located on this site. Frontage N. Dixie Highway: 168.08' Corner Clip: 10.33' 1911 Avenue N: 100.70' 1S) Utilities (Type/Distance) All utilities were available to the site at the time of sale. I (T) Verification - Party Frederick Schmidt, CCIM Phone 561-714-4130 Relation to sale Listing Broker Verified Ryan M. Powell Date September 26, 2022 (U) Motivation i The seller sold to profit. According to the listing broker, the buyer plans to develop the site or resell. The buyer put a sign on the site after the sale that is offering the site for ground lease or build to suit (V) Analysis of Pertinent . The transaction was reported to be arm's length with Information & Cash Equivalency tv pical, cash equivalent financing terms. (M/) Exposure Time ----- 6 to 12 months (X) Number of Days on Market 1.5 years .� .......... ... .. ,�._(Y) Remarks Traffic _C,ou._n..t._s 1N D...lxee HI«h.._w..,_a,NA, 500 AADT ADDENDA 31 848 ADDENDA 32 849 PARCEL SKETCH / AERIAL ADDENDA 33 850 ADDENDA PLAT MAP D'L 0 C .-I -I! UO ®..« - A % 13th Ave N. D L 0 �a I 34 851 PHOTO ADDENDA View west into site from N. Dixie Highway. Taken by Curtis Phillips, MAI — October 5, 2022 35 852 LOCATION MAP 36 853 Y ,avuiiei5 ti�u�«� ,gip Au,Wun br �phq, vendcibtt[cr .".. .rv. V�wun'!�riW fain ymomm W4ui^�kwaw MN lji 'arm" [ e � (kH, kt -r ala Vnmar urm�.dct Welleel6yDr 8 G.IR LrNrfGrrudq,lP �'�YI.',�,�w�i N � WWC&MOYM WelCegley Dr Ch g AJa N 'NDP9bRm+sNV x = 441 aV G mu . 7"M A,, �t w r ' 111'y P 1f ;' i y *y � � [' 9lnu rrsay np Gif l�J� dffi X 36 853 RECORDED DOCUMENTS ap.2"?Z1, trA PM nus W.UKAVARb TTrL9 KX�WAWV ""DVALPAV 104 SWA. Land"W4 wob offldW RM1490% tera-k 01011" IN 111111111111111111111111111111111 ,CF',H 2010SS8277 06-k SK ZC-234 72., PG 0S,2t5 ri'MOROW CPJ292261 t J2,15 Altv U50000M I Doc—Stamp ZW.00 , Palo kch rbuhtvo slat,140 AbpuzzorMeOk 25 - 9771 0pst) THIS WAIMANTY IMM, 28* ciay of' DeftWM6M. 2021 4Y AAMdON, r -A,, A FIMNiPA CADWK.MNI17OZ4, WhMC OPSt Offitc arch 9' 334K 1ifttiaoftw raMed iho Gm"tr�s) XOT tem van TuGtrwAy LLc, A rL0RWA"UkrVFW LiAswLrry compANY, whwe post atuac addr-ess is uM so 9A& imdrum*w ea o ffie k0a. 10kal v uaa w x&ives sx-4 m,apv u#'imdhffdualn fmxg dhe summom and Mwl4aw— al W Vr NZ S S E T B.1but IN,,. gran mw� for and i.n Msaau ofth,.ssuw aVrf.1,N AND MIMS (S d9 I)Wlars dad adhor y"Imable coluidummIiOns, gtttipl W11cm.0-M & re9a i, wkdge4 hemby grants, bargaim, ^,M6Y aliera, itynhw% valemirs, tonvoys and m4kniv woo the gramire W1 dmt ccftajm)Au ^ awate in PALM BEACR Coungy, Sw&W- of Rm idavii -1. SET EXI198rF `A-, ArrACNED 1aRRZV,1�`4k� �,1�MMAJYLV A PAFVl HEREOF SUMEXT TO CONDITIONS, R1%'rpjcrvoKs, LASEMENNU.,, OF" .ECO Rb., ax TOGETHER, wft an yht.a lencirtab, befedRumem And OprAmenaAMS oy ,ro HAVF AND '1 HOLD, dw- =-ne- in &OSIMPte f0MVet. sou, the gpmwrhLytby covemugs Wilt said Wume that Me frainor qs kawfully sckwd of'sahJ land in fise sirg.pjc; shat ibe Wmtor has good iigbt susd [awfiAl m4houity lo suP and ossMy wand Wnd, and'haeby warnmts 11m,68mla said. landap. dwM rjairaq ofa�i 'd iand is mcept . def aha eat apinst, she. fawN And dw sai free of,nil 1, mucs, adouing % IN Y` � quent.to Decumber31,202L r� 74111E�AEW, the salai "wr bas Min wl and scaled these pa,seem 0tv day andymsr feast dbove urimn sigmd, Se ed w veted in Rhepresenem, ot. ......... ... ADEJ A A t DA-U.)KPO"TION , zv 116, sc� A) � 4 ("W" Fd W*ss #2 seams rild No.-,Jj-$Oq ADDENDA 37 113 854 OPOO, V*Mo LArWMaylk,VWpb MWW Rwxm, aookninA�,ageO ftge:tot STATX OF YWRJUA COXINTY GO PAtM BEACI. AZIP—P' 4,00)) 4" Ote fbftmdftg inAftuomt was m ji$�q fore me, by mawn of(X) p4yqk.al prowce *I( °a'' at W'lWcew6r,.2OO!J by A ' �LLON, PpplAtat ofARFLIAN. P.A, A PODRWA C'OM)RWrAOK, AD% �emar ('),pemiftwly)wown to me C) h pvduccd attF9'aadads d%,r's twMI "OntificadmL K, SEAL MY ...... ... ....... rypm- Nour d HC My Commission Expim: fife 14.:h -loo htt I , ewthOdcurnintAndlnfqB W3 ADDENDA 38 855 W&M V" PM Lodmwk Web OW& Rmmft Soarth ADDENDA B6dk33172/Pa0892 CFM2621058&271 page 3 of 3, V"�l If Fxhi*bit "A" aaiir 5 Leg c' tion for File No.,.21-104 The East 110 Feet of 2 of I ;I ake Worth 116ightsaccording to the Plat thereof; on file in the Tr rk of the Circuit Court in nod for Palm Beach County, Florida, recorded in'pj 7, Page.25, LESS and except .the Eta 2.00 fed and less and except prtion more Particularly described as follows: '//A rig rr Commence at the NordrAvst'Comer of saidSouth 89°.58' 09" Fast along the Northerly boundary line of.said I ce of 165.00 Feet to the Point of Beginning; thence continue South 89° "Ot7"East along said Northerly boundary live, a distance of 7.30 FeetSo a poant lesterly existing Right -of - Way line for State Road 805 {DN"Ic a %varily existing Fight -of - Way line being 2,00 Feet Westerlf O y of lel-- line of said Lot T; -thence South 000 00' 02" fast along said Westerly flaRig ht -of -Way line and i said parallel line, a distance of 7.30 Feet thence North 44* 59' 05" West, a distance of 10.33 Feet to the Point of Beginning. kit 3rd ADDENDA IMPROVED SALES MAP We 857 / . ..... .... .. .. . ..... .. .. . ........ MOM 140 MIS AS 41�, AN I A IAW. mA p""'IN's ElOatJl ref"W&Y'tObli eM,,z B, biV, ,e9 1, J011Cjn6p Floor& Decor Bo Uffity # e . . ....... ..... .... 89yrdon Bech C fM CDpf,:"r �`:c e part ment 1, A-1 Cluo at Quail 91doe GO ADDENDA 41 858 IMPROVED SALES DATA SHEETS ADDENDA 42 859 ID No. 33619/414 lA Recordm Data 33619/414, Palm Beach Count (B) Grantor I ATEB Properties, LLC, a Florida Limited Liability Com an P e , .... . _.. (C) Grantee Tu Partera, LLC, a Florida Limited Liabilit Company (D) Date of Transaction ,lune 3, 2022 ......... .... (I+ 1 I)ate Inspected Octob r 5, 20212 (F) Size/Toho./Floodplain/Wetlands Building Size - Net 1,511 Square Feet (public records) 1 Site Size 0.198 acres; 8,633 Square Feet (Paha Beach County Property Appraiser website provides square feet, and acres are rounded to third decimal place) Hand to Building Ratio 5.711 to i Source Public Records & Verification Floodplain Zone "Y' — Panel 120990 O789F (dated 10/5/2017) .. fC1 Consideration w $4(10;000 ............ (H Unit Price $264,73 Per S(luare foot of Net Buildino Area 1 (I) Type of Instrument Warranty Deed (3) Tax Id Number _. _ 08-43-45-33-04-000-0100 ... (K) Address/Location 236 SE 23rd Avenue, Boynton Beach, FL 33435 / South side of SW 2311 Avenue, east of Seacrest Boulevard and west of U.S. Highway 1 within the City of Boynton Beach. ) n� (L Zoning _ . Professional, C1 nal, by Cit, of Boynton Beach Future Land Use 'Office -- - OC Office Commercial, b City of Boynton Beach The zoning and future land use designations are consistent. No issues of concurrency would affect development potential. ,M Present Use Office building (N) Highest &... --- - Best Use Present Use ADDENDA 43 860 ..... ... ................ ion .J.0).Condition of Transact Arm's length. (P) Financing Cash to seller l 4Q) EncumbrancesNo ®®_ .... adverse encumbrances exist. (R) TN pe of Improvements Professional office building .. ,., Soil T lies Sandw series. TN'pical of area. Drainage No draina�_,e problems noted. Buildings The property is improved with 1,511 square feet of net leasable building area. It is a single -tenant professional I office building. Interior finish is entirely professional office. This building was previously a single-family home that has been converted to commercial office use. It contains two bathrooms, a breakroom with kitchenette, conference room and multiple partitioned offices. It was built in 1958 and is in above average condition as it has been renovated and well maintained over the years. The interior contains updated interior finishes. Construction is concrete block. Site Improvements The site contains typical site improvements such as asphalt -paved parking/driveway area, signage and landscaping. General Comments The improvements contain no deferred maintenance or functional obsolescence. On-site circulation, access, and Markin, are adequate. .. (S) Utilities (Type/Distance) The property has all municipal water and sewer available to the site. (T) Verification - Party Juliana Hubbs Phone 561-289-8788 Relation to sale Listing Broker Verified Ryan M. Powell Date September 27, 2022 . ........... (U) (U) Motivation -------------- ------- Seller sold for profit. Buyer purchased to continue the existing use. Analysis of Pertinent (V) y Cash to seller, ....., _� ... , no adjustment warranted. Arm's-length Information Cash Eauivalency f transaction ADDENDA 44 861 ( Exposure Time Three months (X) Number of Days on Market 128 days (Y) Remarks .... ____ ....... No sales have occurred within the prior five years. This is the sale of a single -tenant professional office building. This property was listed for $400,000 at the time of sale and sold for its list price. The seller also owned the contiguous office building to the west. The seller sold this other property to the same buyer in a different transaction for $400,000 (33619/391) on June 3, 2022. These two properties were marketed individually and together. The combined list price for both properties was $850,000. The listing broker stated that no discount was given due to the properties being purchased by the same buyer. Only Sale 33619/414 is analyzed herein. The listing broker stated that no FF&E was included in the sale price. SW 2311 Avenue is a two-lane commercial/residential roadway with moderate traffic counts of 8,700 AADT near this sale. (Z) Sketch See Attached — Site dimensions based Palm Beach ty, Plat , Book 23Page 225. noun „m (AA) Photo C See Attached i � (BB) Copy of Deed See Attached � ADDENDA 45 _ PARCEL SKETCH / AERIAL ADDENDA 46 863 S TIREET -.9 � 19 0 ADDENDA o STREET In d 47 I 864 Property InfonywOon Owner "Name: Parcel Contr(A Ntulibff: Location Addre%si Structural Details BUILDING SKFTQ1 I TURARMA, LIX 08-434S.-'353-01 000-0100 236 K,,,73RD AVE Structural Filement for Building I jl,u t, 1,958 1. SFR CIONNERT 110 CV10'm 15 11 Subarea and Siq, Fbatage for ftfflid�ng I Code Desenption Sq, Fuahq MEM(Al ISH Exbri,,,,,, Fe,.,,ittwe Sketch for Building 1 AD Pavlqg Asphalt 1987 2634 J,YJa,Q'N,(YWT the", [he" delrivem4mg an �Ite� /"F,ail h,"Y 6,AC VIA "O"fed, Land LOE fF OLScr! pqam, 11 COMMERMIL :Its T0,61 "P., C1 8633 -0.1982 48 865 LOCATION MAP ADDENDA 49 /I �f 11 r / aa�ifsb /��i// o r,lrii/tic rw�>rr,c Ebs: ,�fae +!rl nnfnr l� 1Yi /,.I�f rx5 %i� I/s'n 41ftifl � }'v� �/ i a/I1 IJ o 1 ro2r rc/r IiWeC.b rc u ......_._...... ..... .............a...... a"e). 866 Not mm s, F P prY F2P Al iR lr.wl v .,j,"m x MaLlB46 dfale 7Su8 C trur9r 4�m Yk4;t,yoi. Eat�",M's aRk'On NW" ' PoR 9" Ag t � SE"Ave �esyata~ "* K4nddorH �uf Nllk rry rll r;.� p PiDrcrf sm2"ct l�l,h)[ l/� 7i II fpf EI d w, SE2,SMt Gf )J 7 TO '.err I,nvm 23, g11w / cf u) .a u b. G1141Yr;f nnjrj o yy GO. � IfU ✓ a v� � q .I a!4r. ±m MMW R ADDENDA 49 /I �f 11 r / aa�ifsb /��i// o r,lrii/tic rw�>rr,c Ebs: ,�fae +!rl nnfnr l� 1Yi /,.I�f rx5 %i� I/s'n 41ftifl � }'v� �/ i a/I1 IJ o 1 ro2r rc/r IiWeC.b rc u ......_._...... ..... .............a...... a"e). 866 PHOTO ADDENDA View south at property from SE 23rd Avenue. Photo taken By Curtis Phillips, MAI— October 5, 2022 50 867 RECORDED DOCUMENTS ticn�v, zbo PM LartrinvArk Web MOW Recordr. Search ADDENDA dwW'0 2,46 74 VC I sjI �oda ;-j&j-p FIG ki,4114 iI WWX26h 14a i IV AIRT 4001011 fuOr SLOOP 2F800.100 Thfiq lastrumtrat pmpaxtud by afid rq,,awn to'W MIN baa ch uI Flaw,^W* ctear 1.ajarntitI Irm Jllspmh Abr,urzim,4I �po, PV. 0414 - 4151 12p#0 DeUrryftach FLMM 'rax Fallio k 09-434S-13-04-046 Deed -41"Warranty n1k Ilraudeurtffe, made this 3rd, day ofJ�ffiaµ'2022, Lbubuilty (%mikefly, V14f0&,,Wh0V, po"t Wtkup ofrif, e Partara, Lie, a Florida LWKW LIAbility SI C(ucttrxtCm,9lr, FL 330M sur WWucssGft That sold gratutut, fin and In copsidemi6o v0nabie cotmWernflonz toodd p ,ranwr intuprW ThOd by, has V?wured, trargaine.d and st4d lo the sold vanttw, aod lwvdp Mmge, pying -d being in, Flaim Mach Countt'„ I lot I % of, HIGH POINT, areording W MIL PIM 09M. Records ut II Beach CounTY, Florida, Hetween ATER Prapeir-Ocs, I. LC, n Florida LbruH44 is.,111125 AqoavaraWLy,Baca HWA� FL3j496 and 'I'm v, gjuseeO, sybow part oMce aWress h� . 4,l3l 14W 10" sumo of S u 0 00 (Ten diiMays) W other pool mud n(urr, 0s,, mceipt wharrofl% boichy ackowwWwA, J,beft and assigns fomVer, tho rallowing, dasa�ednd Commonly known ar. 236 SIB 23rd Avenue, Boynton huesch, E L r; ok5 Rook, 23, Page 225, of the Pubuft TO MkVE ANC) TO HOLD thrki „mne togedwr with I0 a d A)p n,f,,,,,',"; A pik, ts, heredhamants, and ,,&,htjjtje,, RnIM,%, ijp ling or in prkywke appemairOag, lAd aH 6okwr %yi waavv,.-,r of the said GranPaw, ead,.dr sn VA nu Or V quky""irr Our only proper r .,ti G esnaftt eared hehnorofhp. vaid Guol-of(m In fm SiMpIia Forever, AND the p that thegruI�ul artor Is wlhlly ve4td OfWd i"Ind in fee. qbulplo; psnux", hereby cavenants Oth s2id p that The granter has pood YiAh% wrd JawfiA authadly to scil and coruvey 8,Wd land; Mat the Vusmor heretW rofly wiruvanus We title tozakl Wd miid wlildo0id iijo l%WfoW el[aijW ofaWj pf"Y'nDDS Wh0#n30PVPru andthat said, hand as ftee of ald ey.nept ta%cs., accTuing Rubsequenw, to DarervAve 31,202 L Subjeck to re4vittivans, twierv000ns, eaarnonft and Hmitodoist oftword, Wavy, pmvided that thin tmall nica serve to mkpolc Same, VwMns cadmiancts, arW t,,xves for theourrant yeaur 4P4 mulnscqueok years. "Gra"Car", "WxmW, "hall, %hc", 'W',libey",awl 'granted' �or Ow h1ke shall inciude Onplas-, puurat, past Vd Alture temb without distn.WjUiI and MvIIIH bel courAderrA in Wu jwN.,wr tenw, thrke & gpndeg man taw way requim or admit, 51 IJ2 WMAZOPM ADDENDA Landmark Vft OfficW Rl=Ns Serfth 'Wo—ty Deed Page 2 oft, Bo6k33Ql9/Psg64l5 CFN#20220246174 Page 2 of 2 a Ig woem Whereof arent ft Jtere anto g mWorls hand and net the day and year last above written. Signed, sefilcsd and dclWered ATED Properties, LLC., P"Y V/V Its-, Authorized Member ri r iii PHU YN ifirea37 STAIS Or FlORIDA COUNTY OF PALM REACH Ws 511,111) day, of June, 2021, by Eric K Honiffia, Aa lhorized Mell`/ti',fir AEB Properfies, U,,C, a Iclrcwal tj:abHRyComjwy who is p.,rs(YaaUykYwqnw me o! rwhi3l, ,),Juced a FloykN dA vcrs Ncense a,; xi wMrAfion andw-ho did take an osth 52 212 L -11-t ry Ia0� 1;$11N My C'<"%"rds4on cxpkpa� 52 212 L -11-t ID No....... c 33594/1160 � (A) Recording Data 33594/1160, Palm Beach Count (B) Grantor Randall L. Ebling and Mary Ann Ebling, husband and wife, each Individually and as Co -Trustees of the Randall L. Ebling Revocable Living Trust under Declaration of Trust dated May 271 2011 and Randall L. Ebling and I Mary Ann Ebling, husband and wife, each Individually and as Co -Trustees of the Mary Ann Ebling Revocable Living Trust under Declaration of Trust dated May 27th 2011 (C) Grantee HW Advanced Services LLC, a Florida Limited Liability Compan (D) Date of Transaction Mai 20, 2022 (E) Date Inspected October 5, 2022 (F) Size/Topo./Floodplain/Wetlands Building Size - Net 1,125 Square Feet (public records) Site Size 0.174 acres; 7,573 Square Feet (Palm Beach County i Property Appraiser website provides square feet, and acres are rounded to third decimal place) Land to Building Ratio 6.73 to 1 Source Public Records & Verification Floodplain �a Zone "X" Panel 12099CO789F (dated 10/5/2017) _ . ........... (G..) Consideration $550,000 i (H) Unit Price "I',"'', -,,,,---- ---wawa, >, >, , > _. .... $488.89 Per Saluare foot ofNet Building Area (I) Type of Instrument Warranty Deed ..... .......... ....... ...... ... (,1) Tax Id Number ......... ... - ... 0843-45-21-07-001-1091 (K) Address/Location ............. ........................... .. . 209 Boynton Beach Boulevard, Boynton Beach, FL 33435 / North side of Boynton Beach Boulevard, west of Seacrest Boulevard and east of I-95 within the City of Boynton Beach. (L) Zoning 1# Neighborhood mm Coercial, by City of Boynton Beach Future Land Use LRC, Local Retail Commercial, by City of Boynton Beach ADDENDA 53 870 to the site. ADDENDA 54 871 The zoning and future land use designations are consistent. No issues of concurrency, would affect development potential. 1 (M) Present Use 1 Office building (N) Highest & Best Use Present Use Ol Condition of Transaction Arm'slenLNth, 1P FinancinoCash �....... to seller wawa° 1Q1 Encumbrances No adverse encumbrances exist. (I T8 pe of Improvements Professional office buildiw2 Soil Types Sande series. TN pical of area. Drainage No drainage problems noted. Buildings The property is improved with 1,125 square feet of net leasable building area. It is a single -tenant professional office building. Interior finish is entirely professional office. This building was previously a single-family home that has been converted to commercial office use. The building was occupied by a chiropractor prior to the sale, and the property appraiser website labels this building as medical office. However, this building has no plumbed exam rooms or extra medical interior finishes that distinguishes it from a professional office building. It contains a reception, bathroom and several partitioned offices. It was built in 1952 and was in below average condition at the time of sale. It contained dated interior finishes. The buyer was renovating the building during my inspection. Construction is concrete block. Site Improvements The site contains typical site improvements such as asphalt -paved parking/driveway area, fencing, signage ........ and landscar n General Comments The improvements contain no deferred maintenance or functional obsolescence. On-site circulation, access, and ®. laarkmg are adequate.... (S) Utilities (Type/Distance) The property has all municipal water and sewer available to the site. ADDENDA 54 871 (T) Verification - Party ..... Henoe Madeus Phone 561-843-1268 Relation to sale Buyer/Broker Verified Ryan M. Powell Date October 3, 2022 (In Motivation Seller sold for profit. Buyer purchased to continue the existing use. (V) Analysis of Pertinent Cash to seller, no adjustment warranted. Arm's-length Information & Cash E,Iuivalenc�, transaction. ... i( Exposure Time .......................... Three months (X) Number of Days on Market 54 daN s (Y) Remarks No sales have occurred within the prior five years. This is the sale of a single -tenant professional office building. This property was originally listed for $750,000 then reduced to $695,000 at the time of sale. The buyer is a real estate broker, insurance agent and accountant. MLS has the sale price as $555,000, but the buyer ; verified the correct sale price to be $550,000 which matches public records. Boynton Beach Boulevard is a heavily traveled four -lane commercial roadway at this location. It has traffic counts of 32,000 AADT near this sale. ... (Z) Sketch _,e , , , , , .. _ „e,e,e,e,e,e,e . See Attached — Site dimensions based Palm Beach County Plat Book 4, Page 51 and Warranty Deed recorded in Palm Beach County Official Record Book 33594, Page 1160. (AA) Photo See Attached ........ . ..... _ . (BB) Copy of Deed .... _...... ,,,.......... See Attached ADDENDA 55 872 PARCEL SKETCH / AERIAL Eastern and western boundary dimensions are approximate. The legal description in the deed does not provide complete dimensions of this site. It only references the plat of record and describes this sale as portions of Lots 109 and 110. The plat only provides the dimensions of the boundaries of Lots 109 and 110 and not the dimension of this site's boundaries which are "in between " the boundaries of the platted lots. Lots 109 and 110 are not square sites and have different east and west boundaries (i.e. western boundary of Lot 110 is 127.29 feet and its eastern boundary is 128.49 feet; this sale includes Lot 110 less the west 14 feet, so approximately 128. 00 feet +/- was concluded less the South 10 feet conveyed to the State of Florida for right of way, so 118.00 feet +/- was concluded for the western boundary of this sale). The same logic applies to the conclusion of the eastern dimension. ADDENDA 56 873 PLAT ADDENDA 57 874 too -'-'"-'i7 70-0 AzeO 4t IQl� goo 0 P4 4i 113 112 S, A07 106 ADDENDA 57 874 Property Inklmlarloo 'Partel. E�Gcatkjn BL.J,f.,[..,DIN( � SKETCH .11,111,111,11, ............. . ................... TJW AE)VANCEM -Sl],.R.-VlcE,SLLC 09-434,5, 71-07,001 1091 2,0� W J.B&fN,'j1j7)N, REACH AIND Struictural Detalls v 4ruir,.Iural Element forHWdfnq- I 1, Year Ow1E t 1952 T SFRCCNvFRT!OCCMM 1125 Sul)area anid Sq. Footagie for RuHdng I Code Desmiptioxi Sq- Foota.ge MW:( Al.. 1125 "I o't'x Sqi,are -wcr,qe , 1125 Skotc-h for Hufli&ng 1. iz 01-M Fixtra Feature af'5rrlptfLm YE w 2 � ! 1: Units paving -Asphalt 1952 3794 Fence- Cholm kink Eft #11 Gatiq 1952 124 llo,dr n(ligy �djnuor'ol flocao"Ye" h'new j'"-cwnmqe, fon,�,� n,�,,IulNbeD," cn othel", �l �,eznfle ifw Land Detalls Land"Ume'o Pec"frlgta✓m 1. tOMMEKbAL ADDENDA zomnq Sq, �sAWJL Ames C2 757'3 6.1739 58 875 LOCATION MAP I ADDENDA 59 876 u11 mm immq loin, im A,a, N lleM 1�i'fF`t'�, K41a q!SYp'hCYIORIatM(? NI4Y 0, P„w& Pla'kh dF✓tttl4 g NI w '. NudY l°H . , �Nm bd°RUN. "s w Rud C lr ^�r;R mA Tta P. N. ".lyy1��iOVS +k ....,:. IVP1PfUda: quua °. IdP'rPaw R;ws.. � 'IXN^ � Road w ME"4VPi14Po'MM f��tlk4 of a;l ;,M y �I ��.. ���.. ..,� Cathv,Rt,��£ati 'n 5 IIVI VAM'.4Eh awl �j i i f swyr4 �aJ"(/w R(), L. pil`YI V tF rR�Nlhw!d°''"7 I,A r i t s As Y.W urs. S"'d s".. Cea m* .� ,w ,�taesrmxauz ,.e r ,,.�. .:. ... V l IJ' I ADDENDA 59 876 View north at property from Boynton Beach Boulevard. Photo taken By Curtis Phillips, MAI— October 5, 2022 F.1160100117-1 877 01192mm RECORDED DOCUMENTS . . . ................ . by Ia., ! A3 A tr d' tin 6" 'Mast 0.1' it a I Z 7 ii 5 1 47 3.7 1'095 V 1 . ber- MUg to W, Lmama* WpO4 afle-Wil Recanin Soach 11111111111111111111111111111111111111 fill 1111 CF'M 02202 12 OR'' OK 33wkR4 PG 1160 MOOED 05/27/W22V 10408$52, Afil %0VW0.06 Doc Stamp 34850 00 Palo Beach V*L*%VV F4vr(da jusaph Abruzzovel Pts 1140, - 11611 150I.VS) Parcel identification An. 08-43 1-21 07-001-1091 , km atrrP DEED F m E ITON 6MO.2, F& ji,,S C This 'Indenture roade this 20th day of:M4Pik ,"',,;022 between Vander L. Ming and Aftry Ann Zblfugr Uturband. and wife, each 1ndA4 and an Co-TTIMStees of the lftnd%U U Ubling Revocable LMug Trust under Decta,gto % q" a of Trust dated Way, 27th 2011 and Randall L, ZhUng and Macy Ann Ebling, turn an and wife, each Individuany and as Cb-Trusteas of the blary, AnnZb11ng.KeVoCRhTr ,*,j ,axg Trust under Declaration of Trust dated Ma ,y 27th 2011 whose post office adArtsa `%�676 Labe Asbury DAve, Green Cove Spring*, FL 32044 of the County of Clay, State, of,) 'birlds grantor-, and HW Advanced Services LLO, a FlaridaUralted Liability Campa=0164�,,,W tak,� ice address is 114 6W ge post 0fr 11thAvoune. Boynton Reach, FL 33435 Of the C�ou nkY'.r,,,,S�Pahn each, State of Florida, grantee6, Witnesseth that said grantor, for and in consideration of',,, 'smd� of TTN AND N01100 DOLLARS ($10,00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby ack-oowledged, has granted, burgamed, and sold to then said grantee, and grantee's 'heirs and assigns forever, the following described land, situatc, lying and being in PaIrm.1leack County, Florlda,to-wit The West 32 feet of Lot 109 and Lot 110 less the West 14 feet, Bloch .A, dam tont Hillej according to the plat the ieofas recorded in Plot Book 4, Page 51, LESS the South 10 feet thereof conveyed to the State of Plosida. for right of vmy of to Road No. 804, Public Records of'Palm Beach County, MrIda. tams 9br 2022 and subsequent years; 4oveats, conditions, ree meaeasemments, reservations and IhAltations of recordt It any. Frop&#y Address: 09W Boynton Beach. 131vd, guynton. Beach, FL 33435 and said grantor doe's hereby fuHy warront the #,de to said land, end will defend thd same against laWful clairdsofall p�jsqni*h'ornsoever. "Orantor" =d "Grantee" aft used for, singular or pldrtd, as f*ao9t requires. 61 878 WOW, 2,13 PM LmndMzOKVVab 06AWAmbrde, SOrWO 8603304/Padaii6i OFN#2022042126 Pago 2 of 3 Im Witmwo Whereot, graotor has boretmto set grantor's band and seal the day and year first a4ow mittem. 'zzr deiqrerqia ew4 our prememm 4", ionR oel/, As to All Wwranty. Deed (ftdtd" FOrTW - Fft-2, ADDENDA 62 �d �.� y,A`n- n' It'i, , -In-ch—vidudlly—a J -a- sTrustee of I L� SbI g Revocable Living Trust undtl""�, 111.1111slu.. t T I thustsigated May,'17th 2011 as Trustee Matta Randafl L. EbUng Revorable Living Trust 'uqq4r Declamdon of Trust dated May 27th 2011 Mat! ;Ar*JFbHng, IndividuoxUy and a ing Trust of One , Ann Mig Revocabk� &I, Trust= unde . . ... � qptia; ofTr 7th, 2011 ]T,AwW4a 6. E laau 7laeeluw Jaa 1Ryd as Trustee " of the Ma* � - table Living Trust under Dcclarati'd'n of Trust dated May 27th X01,1 boubleTifte WppO 213 879 W2Or4Zl3PM L'snOMurk Wob OffldW RAc'oed% Se" RObR336qAlPageII62 CF04#20220232125 P840 3 of 3 Skate of Flqdd.* County of Pahn Beach The foregoing, ibstrulnev�) , awl�dgpd before,,, me by inesuis offs physioal presence or ,y0s, ackn 9xillne notArlutionay tfhs�f,�am day an( ll F Ifil an Ra dy— 102*1 lw M -Y Ann -b -1 g 4 n P L, Ebl*g, eat h hiclivid urally wKV16 V-usteca of the RandaR U Ebling Revocable Living Trust imder beclarat'on ot "d,ust clatedi MfV '27th 2011 and also ws Trustees of the Mafy Aria.Wing Revocoblo, Living Troinsst, �r Dedl Adoh of Tinist d4ttd May, 27dA 2011, wbo 1-1 is personAy, known or Q has pro 'a drives limpse i4identificatimi, I'N,xy, lNotary e, OF Man,ahty Deed (&atutoryFbrYW - Pgge 3 Doabtefivae® MYISKIIONC, 4T" EAMbOWb&OWO P iMq*dVrJvrtd rrWptAlWhifaBy p v%O & b 60r, Mober-,It 594 & paq6fW rftba-�- I IW'M ADDENDA 63 880 No. ID ,,. _ .. 33554/311 I .. .. ..... ..... Data (A� Recording _ _ Palm alm Beach Count .. .. (#),Grantor w„ Lynne C_iewant, a sin,=le woman _ ......... _ (C) Grantee .-,_,-------------- Sunny Soul, LLC, a Florida limited liability company (D) Date of Transaction Mav 6, 2022 (E) Date Inspect11 e 11 d October 5, 2022 (F) Size/Toho./Floodplain/Wetlands Building Size - Net 1,634 Square Feet (public records/MLS pictures) Site Size 0.198 acres; 8,636 Square Feet (Palm Beach County Property Appraiser website provides square feet, and acres are rounded to third decimal place) Land to Building Ratio 5.29 to 1 Source Public Records & Verification Floodplain Zone "X"— Panel 12099CO789F (dated 10/5/2017) (G) Consideration $480,000 ('H) Unit Price _.. $293.76 Per SLivare foot of Net Building Area (I) Type of Instrument Warranty Deed (.n Tax Id Number 08-43-45-33-04-000-0080 (K) Address/Location 226 SE 231d Avenue, Boynton Beach, FL 33435 / South side of SW 23,d Avenue, east of Seacrest Boulevard and west of U.S. Highway 1 within the City of Boynton Beach. .www. 3 (L) Zoning C1, Office Professional, by City of Boynton Beach ._. Future Land Use ............ OC, Office Commercial, by Cita' of Bod°nton Beach .,., The zoning and future land use designations are consistent. No issues of concurrency would affect , development potential. ( ) Present UseOffice buildm ....m .......... (N) Highest & Best Use . .......... ...... ........ _ _ . u.._ , Present Use ADDENDA 64 881 (0) Condition of Transaction ......... ... .... ......... ........ Arm's length. 1 i �P� Financing __ _. Cash to Belle„ _ . r t (Q) Encumbrances No adverse encumbrances exist. (R) Type of Improvements Professional office building Soil Types Sandy series. Typical of area. .uvuv .v_ ..... Drainage No drainage problems noted. Buildings The property is improved with 1,634 square feet of net leasable building area. This net leasable area is different than the 1,367 square feet shown on the property appraiser website. The property appraiser website does not include the storage area (91 SF) or enclosed porch area (1.76 SF) as office area, but these areas have been renovated and are finished as office area. The MLS i listing says the building contains 1,694 SF, but this area includes the 60 SF covered entry porch that is not finished enclosed office building area. i Interior finish is entirely professional office. This building was previously a single-family home that has been converted to commercial office use. It contains two bathrooms, a full kitchen, and multiple partitioned ; offices. It was built in 1957 and is in above average condition as it was completely renovated after the prior 2016 sale. j Recent renovations include updating / modernizing interior and exterior finishes, finishing rear enclosed porch as office area, enclosing / finishing the prior carport as office area, new appliances, new roof, new electric, new paver driveway suitable for office use, new 1 landscaping and new A/C. Construction is concrete block. Site Improvements The site contains typical site improvements such as fencing, brick paver parking/driveway area and landscaping. _ General Comments The improvements contain no deferred maintenance or functional obsolescence. On-site circulation, access, and parkm�� are 1-1_adequate. ________ _________ (S) Utilities (Type/Distance) _ The property has all municipal water and sewer available to the site. ADDENDA 65 (T) Verification - Party Lynne Gewant Phone 561-302-4711 Relation to sale Listing Broker/Seller Verified Ryan M. Powell Date September 22, 2022 (U) Motivation ! Seller sold for profit. Buyer purchased to continue the existinL,, use. (V) Analysis of Pertinent Cash to seller, no adjustment warranted. Arm's-length Information & Cash Equivalency .......... _ transaction. t ... .... (W Exposure Time ....... Three months (X) Number of Daw s on Market 39 dar s Y Remarks �( ) No sales have occurred within the prior five ears. This P� y is the sale of a single -tenant professional office building. The seller was also the listing broker. The building was owner -occupied prior to the sale. This property was listed for $514,900 at the time of sale. MLS displays a sale price of $483,400, but public records displays a recorded sale price of $480,000. The listing broker/seller verified that this was an arm's length transaction but did not know whey there was a difference in sale price. The listing broker stated that the sale included kitchen appliances (range/oven, refrigerator and microwave) and two desks. The public records sale price of $480,000 is relied upon. SW 231 Avenue is a two-lane commercial/residential roadway with moderate traffic counts of 8,700 AADT near this sale. (Z) Sketch See Attached — Site dimensions based Palm Beach County Plat Book 23, Page 225. (AA) Photo ..... .... ....... See Attached (BB) Copy of Deed __ ® ._.......,.,.,,,.. a .. .., See Attached ... _ , ,.,,. „m ......_ _ ..., ADDENDA 66 883 PARCEL SKETCH / AERIAL ADDENDA 67 884 mmm 1 , W J4 STREET ADDENDA STREET 0 42 34 35 36 37 38 39 1 40 4171$ 68 I 885 25 24 1 M N D 32 33 ADDENDA STREET 0 42 34 35 36 37 38 39 1 40 4171$ 68 I 885 Property Intormation Pairel CmImMmober, Lawation Addresk: BUILDING SKETCH . . . .... .... .. liUk.w 15ot"M I'M 22 6 SE 2 IRD Structural Oement ror Bu ifdh,%g I Sketch for BiAlding I Sq - msy� CB STUCCO Footage 1957 176 P, A 1" v HTG A AC 91 L FORCED AIR DUC7 240 ELE(7RIC 1367 . .. .. ...... 3 NONE GABLEIVUP '',A CONCRUE FILE PLAS TFR NJA CERANUCIQUARRY TILE 1 A) NIA 1, Subarea arid Sq. Footage for MAUng 1 f-ix,tra Feature No Extra feature Available and betalis 0nd, 1 lPvt 4 Oc I, E 1!'� t �Q s 7a In"I fir; rpo,Ip Acfoi 1. 'C0".ERCiAt 6�1993 ADDENDA Me Sq - Code Dfficription Footage LP, L f .. . . . . 176 P, A 1127 91 60 R/A, 240 1367 f-ix,tra Feature No Extra feature Available and betalis 0nd, 1 lPvt 4 Oc I, E 1!'� t �Q s 7a In"I fir; rpo,Ip Acfoi 1. 'C0".ERCiAt 6�1993 ADDENDA Me LOCATION MAP ,e,p� q I I vwF �,�,,q 1',pl,pfy, �rV� 01k], elvo ml "'R, 4 9MA 4 Ap"'i mano bt widw s"'4 oam v"a I'al"oloch 11191 "I ? J r'a"Im, fo mI qwism Vrrwiiluro vw,110 o, crYlmf',fl go Vill &,W �,Ptd Rt 11014 k,f" q f,�) "M ,4 a f) 0 m A Xmil/n, V N OfI$, FoM 4d kUrhpr P,*,, Am),Aw, jjle wp�,,I Al I wx,fl lY AMR Vf,", Rlvq "IrP'd �,HMAC P 111 . ......... I" p vd rut He 9a In L" JhMw, y 9 �uU 76 efmf go, SW 2310va pv" (PY sw nw, Ili rah )J, SS I JF U115 f 11 V,, j, VIM,% %"Ir A,, r, q 7ti, vfvp AU . �'T,, MKO t v 211 um "gt;, ", 5od ADDENDA 70 887 PHOTO ADDENDA View south at property from SE 23"d Avenue. Photo taken By Curtis Phillips, MAI— October 5, 2022 71 ADDENDA RECORDED DOCU MEN I'S ........ . . ............. ......... . � 01— ti1 t daaraI'll, ad I TOO or LOW of ad 11VOICOC4 PA I" K bk(e A&Way net baa ffUlkne,14,3343i �//' /17, OPP, A Landmerh Web WOW Rdwrds 9narO Lim For FiavWhIs thdaj_ rawtv Deed This Warranty X)ved made Ns 6M day ti'AM, p"", 08 offl", ad*as is 4149 Glenffaiilts a i rk �Wyftd,' 5 '9 1 IWWAI Mb"fty company, whose post office adelvI311,11 I 0 (Woem"I U1=4 flafMhu Ow, as Iralifte, andoxfte, WV& W1 0 IMOftds, amd ft wecAwws wW wAgn ofmqaViuP#, an C`FN� k207701 OROK`*KIBCA Ii RLeodkoOki, wmoz� iqmw Painq 490ki't CowityFTotida AM-r480,Ooo',*O DEEDDOC 3 360 M jc;qph kkrum-b Cierk bffmm Lynne Gewont, a xhi%le wavapa, witme post Fb 3, 6, AA torr and Sawty Stral LIX, a Flarldn � N Atlantic Drive, Atlantis, 171,3340� Wswee., 'qV w 0& fammant WA ft haa% now ted mst'w' witnesseth, that, Wd granaor, for and censideradon oftllr%" P� , A *17122,4 AND 1401100 OOEAARS($110,005and other good and vahabk considerations to Wd gmator in I '111V , ' iy sold grantee, thv raceipt,whervefIs hemby ackawsiodged, has Smoed, baaRainod. and acid to the said #P&M,91 , mid grantees heart' and assigp5 fimwcr, the roflowinit deraribed [and, situate, iyIng ond being in Palm each cogol%Vfodda to -wit Lot 8, High Polar, according go the &t them ofas rccord(41 10VY0 Book 23, Page 2215, Pubfic Records of Palm Beach County, Florida. "I'll", okk " %;5 Parcel Identification Numben 6843-4543 044)0f"080 J"A 10111 In Subjetl to. (1) Covenants, easmnants, restrieflom% lb- niatficam md canditions ofetord, ifarky oow exist, but my "Veh interes't that alay ill'Irve be" terminated are not furreby re-Imposcei, (2) comprehensivc find use plana end wiwing, (3) mAtictions, pvhibWons and Other requircments impond Uy any gpvernmen(a) authadrn, and (4) Lues accruin, adisequca to Dfteniber 31, 2d31. TegOher vvith e1i d -w tenemann, hereditameom and appeiromoaceA Ii -crew beloagOS or in anywke appermining Tt) Have and, to Hold, the 5=a lo fft Shuplo forever. And dwgrantar hereby cove as with saidgxantee that the granor is iaWffiffly seized atsaid Nand in ice ramp lo; that the gmetor has good rip Y th .,,htaqd lawfol Ruthority to sell andconvoy salt land� that the Vmntur hereby lk�ky wi mis 0 title, to said tod and will defoad the, sme Apinst the Wwfisl clairas 6f uIll imrsaw wkwnstiover said that s9d land it fift of all amimbyerms, excepa those 4k=% kknd fled abavt anii ints mcming sub, etiutett w DWMAter 31, 2921, 72 1R, Q4,70422, 2,�* 09 ADDENDA LandmI&MCO (Maw Remdx$eavdl� r.IV2022p077011 BOOK ;MS4 PAGF312 2OF2 In W7iCaess Whereat gt 44jX jM41"MOW 'a to, as hereunto sit grantees hand and s &I the day Yea, Stgnaaxat an Iyofed Wi In y*s N ' nt not L 'Ir a Witness N AIN State of Florida I/P County ofPalm Beach 'the foregoing inent was acknowledged before not3rizatiom this Oday of May, 2022 by Lynne Ge driver's license as identification. IN—VAry Seal'j NIO 1. � ....... 73 of [XI physical praca" or U online 'ptrsonalk, known or f.X] has produced A My Commission 890 SEXTON ENGINEERING REPORT/SKETCHES ADDENDA 74 891 SEXTON ENGINEERING ASSOCIATES, INC. ENGINEERING,ANALYSIS OF PARCEL 117/704 State Road 9 (Interstate 95) at Gateway Boulevard Interchange Improvements State Project No.: 93220-2562 (Right -Of -Way Map) Financial Project No.: 231932-1 Palm Beach County, Florida SEA No. 2328PI17 Submitted By: Michael F. Sexton, P.E., P.S.M. Fl. Reg. No. 28558 October 13, 2022 L*a&llcd- RqiyO Pailill Buach:, FL 3341,Q -Phiork. 561 7VZ-31?2 ill, Fam 561.797, 3 KA, - 7 ,611L VRlll�nons NiN,00M(A. & Milupplipp, Ousine"'lls No, ON 6817 ADEA]NDA 75 892 Engineering Analysis of Parcel 117/704 State Road 9 (1-95) Financial Project No.: 231932-1 Palm Beach Counter, Florida TABLE OF CONTENTS • Introduction • FDOT Acquisition and Improvement • Existing Conditions • Utilities 0 Proposed Conditions • Conclusion • Exhibits FDOT Legal Description of Parcel H 7 FDOT Legal Description of Parcel 704 Quantity Estimate of Existing Improvements Aerial Plan Parcel Sketch Existing Conditions Sketch Proposed Conditions Sketch Sexton Engineering Associates, Inc. Page 2% October 13, 2022 ADDENDA 76 893 Engineering Analysis of Parcel 117/704 State Road 9 (1-95) FinanciaLPr����.._______., Palm Beach C!!unLv, Ffi�rida 11 =,TTFT+� Im"P = ITMrIlm 7f"Y`,'=J-M 1:0-7MV 111C POLUUM11 0 L110 1U]JUIUMiCl 13101)CILICS LnT irom plupt-sca Wigin- Way acquisitions of the planned FDOT Improvements for the 1-95 Interchange at Gateway Boulevard (Exit 59) from south of the Gateway Boulevard overpass to north of Gateway Boulevard along Gateway Boulevard east and west of State Road 9 (1-95). The project limits include approximately two (2) miles of 1-95 and approximately 0.75 miles of Gateway Boulevard improvements from the Quantum Village intersection to east of Seacrest Boulevard in the City of Boynton Beach, Florida. State Project No.: 93220-2562 proposes right-of-way acquisitions for roadway improvements to State Road 9 (f-95) and Gateway Boulevard These proposed improvements include the widening of State Road 9 (1-95) auxiliary lanes and ramps based on the Florida Design Manual (FDM) criteria, and improvements to Gateway Boulevard based on the Florida Green Book Criteria I lighways). This interchange project proposes to enhance overall operation capacity, reduce congestion, and increase safety by providing additional thru-lanes and additional tUrn-lanes from Gateway Boulevard to State Road 9 (1-95). In addition, the improvements along Gateway Boulevard will provide bike lanes, sidewalks, raised landscape median and stormwater management ponds to serve this project. FDOT proposes to acquire Parcel 117 and Parcel 704 as additional right-of-way required for the planned roadway improvements. [IMIM,MUM-Mit"Um The FDOT has provided a FDOT Right -of -Way Map approved by Jeffery Smith, P.S.M., FDOT District Surveyor on July 27, 2022 to assist in our preparation of this report. The existing 14,696 square feet parent tract of Parcel 117 and Parcel 704 (as defined by the FDOT Right -of -Way Map) is located along the south side of Gateway Boulevard between N.W. I' Street and N. Seacrest Boulevard to the east within the City of Boynton Beach, Florida. The sul�ject property has 203.31 feet of frontage along Gateway Boulevard and 55.84 feet of frontage along N.W. I' Street and 75.98 feet of frontage along N. Seacrest Boulevard The parent tract is laying in Lot 1-3, Block 27, "Rolling Green Ridge First Addition". Parcel 117 is proposed to be acquired for the proposed construction of roadway improvements including the widening of Gateway Boulevard with additional travel lanes, concrete sidewalk and bike lanes. Parcel 117 is located south of the existing Gateway Boulevard Right -of -Way and measures 203.31 feet in length along the existing Right -of -Way and 55.84 feet along the east Right -of -Way of N.W. I" Street with a 6.67 feet widejog along N.W. I ' Street for 24.80 feet and 75.98 feet along the west Right -of -Way of N. Seacrest Boulevard with a 29.05 foot comer clip to the south property line measures 172.29 feet and consists of 9,714 square feet. I T I xl� Is" KROJIU5101 894 Engineering Analysis of Parcel 117/704 State Road 9 (1-95) Financial.=L�t No.: 231932-1 Palm Beach Count r, Florida OWWWWWWWO . .................. Parcel 704 is a Temporary Easement for the purpose of tying in and harmonizing the remainder Parcel 704 is located along the west boundary of the remainder and measures 5 feet in width and 24.80 feet in length for an area of 124 square feet. The attached "Parcel Sketch" identifies the parent tract dimensions and details Parcel 117 and Parcel 704 as defined by the FDOT Right -of -Way Maps. L'_xisting Condition The ParentTract property for Parcel 1] 7 and Parcel 704 are part of Lots 1-3, Block 27 of "Rolling Green Ridge First Addition" as recorded in Plat Book 24 at Page 223 in the Public Records of Palm Beach County, Florida. The 0.337 -acre Parent Tract is located within the City of Boynton Beach, Florida within Lots 1, 2 and 3, Block 27 and improved with two (2) (1) one-story CBS buildings located along N. Seacrest Boulevard in Lot 3. The area west of the buildings in Lots I and 2 are improved with asphalt driveway and paved parking area with access along N. W. I" Street. A five (5) -foot wide utility casement and a one (1) foot wide private utility easement is located along the south property line and a 3 -foot -wide public utility easement is located at the southwest corner of the parent tract property. The attached sketches entitled, "Existing Conditions Sketch" identify the existing roadway improvements adjacent to the subject property and existing on-site improvements on the subject property. A Quantity Estimate of Existing Site Improvements have been prepared for the improvemen I] located within. Parcel H 7 based on our site inspections on October 6, 2022 and a copy is includ in this report. Domestic water and sanitary sewer disposal improvements are provided by The City of Boynton Beach Utility Department to the property. Prol,�)osed Conditions The Florida Department of Transportation has provided Initial Engineering Plans dated July 29, 2022, prepared by HNTB Corporation, to assist in preparing this Engineering Report. The proposed project includes the of widening the State Road 9 (1-95) including auxiliary lanes and ramos and widenina of Gatewav Boulevard includina additional travel lanes and turn lanes with a Sexton Engineering Associates, Inc. Page 4 October 13, 2022 ADDENDA 78 895 Engineering Analysis of Parcel 117/704 State Road 9 (1-95) FinanciaI Eroj �ect No.: 231932-1 Palm Beach Countv. Florida raised landscape median, bike lanes and sidewalks along Gateway Boulevard. In addition, drainage ponds will be constructed within the project limits for surface water managernent for the project. The proposed acquisition and project will result in the removal of the existing buildings, parking areas and portions of the asphalt driveway from N.W. l' Street. We have reviewed the affected property after the proposed acquisition and have prepared the attached sketches entitled "Proposed Conditions Sketch". These sketches include the proposed roadway improvements as detailed in the FDOT Initial Engineering Plans along the Subject property and locates existing improvements on the property based on the FDOT Design Survey and our site inspection of the property. Based on this review we have concluded that the acquisition of Parcel 117 will have significant impact Im the future use of the remainder property. Access to the remainder property will riot be available from N. Seacrest Boulevard. or from N.W. I" Street. Any fUtUre access Would require permitting for access along Gateway Boulevard for future development utilizing the remainder property. MM The proposed right -of way acquisition and roadway improvements will adversely impact the remainder property. No access will be provided to the remainder property for development as part of this project. The parent tract property will be reduced in size by 9,714 square feet as a result of this acquisition of Parcel 117. The Temporary Easement will be utilized to harmonize the roadway improvements with the remainder property. Sexton Engineering Associates, Inc. Page 5 October 13, 2022 ADDENDA 79 ftem/Segment No. 2319321 Section 93220-2562 01-28-20 Fee Simple Right of Way Palm Beach County Description 1!1 1131111 1IIQIV!I!pIpII IIIIII iiiiii !ijr I III IN A 0i to the plat thereof, as recorded in Plat Book 24, Page 223, of the Public Records of Palm Beach County, Florida, lying in Section 16, Township 45 South, Range 43 East, as shown on Sheets 4 and 7 of the Florida Department of Transportation Right of Way Map for State Road 9 (Interstate 95), Item/Segment No. 2319321, Section 93220-2562, being more particularly described as f.bllows: Commence at Southeast Comer of said Lot 3, also being a point on the Westerly Existing Right of Way line of North Seacrest Boulevard; thence North 01'3 1'25" West along said Westerly Existing Right of Way line, a distance of 8.53 feet to the POINT' OF BEGINNINQ thence North 48'04'06" West, a distance of 29.05 feet; thence South 87' 13'49" West, a distance of 172.29 feet-, thence South 01'3l.'25" East, a distance of 24.80 feet to a point on the South line of the aforesaid Lot I; thence South 88'27'55" West along said South line, a distance of 6.67 feet to the Southwest Comer of said Lot 1, also being a point on the Easterly Existing Right or Way line of NW I't Street; thence North 01'31'25" West along said Easterly Existing Right of Way line, a distance of 55.84 feet to a point on the Southerly Existing Right of Way line of Gateway Boulevard; thence North 72'4445" East along said Southerly Existing Right of Way line, a distance of 87.02 feet-, thence South 89'50'28," East along said Southerly Existing Right of Way line, a distance of 116.29 feet to a point on the aforesaid Westerly Existing Right of Way line of North Seacrest Boulevard; thence South 01'31'25" East along said Westerly Existing Right of Way line, a distance of 67.45 feet to the POINT OF BEGINNING. Containing 9,714 square feet, more or less. ADDENDA 80 897 MaMMMEM] • 93220-2562 01-28-20 Temporary Easement Parcel No. 704 State Road 9 (1-95) Palm Beach County Description Commence at the Southwest Corner of said Lot 1, also being a point on the Easterly Existing Right of Way line of NW I' Street; thence North 88'27'55" East along the South line of said I.,ot 1, a distance of 6.67 feet to the POINT OF BEGINNING; thence North 01°31'25" West, a distance of 24.80 feet; thence North 87'13'49" East, a distance of 5.00 feet,- thence South 01 °31'25" East, a distance of 24.91 feet to a point on the South line of said Lot 1; thence South 88'27'55" West along said South line, a distance of 5.00 feet to the POINT OF BEGINNING. A temporary easement for the purpose of tying in and harmonizing said property and the driveways, walkways, etc. together with the right of access, ingress and egress, along with any other incidences necessary or convenient in connection with the construction to be undertaken by the Department, in State Road No. 9 (interstate 95), adjacent thereto. This Easement is granted upon the condition that the sloping and/or grading upon the above land shall not extend beyond the limits Outlined above, and that all grading or sloping shall conform to all existing structural improvements within the limits designated, and all work will be performed in Such manner that the existing structural improvements will not be damaged. This Easement shall expire upon the completion of this transportation project but not later than the last day of July 2029. ADDENDA 81 898 CONSULTING ENGINEERS AND SURVEYORS Parcel 117 F.P. No.231932-1 Quanti!y Estimate of Existing Site Improvements Within Parcel 117 DescripLiqn- Unit Q ntit Asphalt Pavement Sy 439 Curb Type "D" If 92 CBS Building (8'high) sf 95 CBS Building (10'high) sf 1,316 Canopy sf 240 4" Concrete Slab sf 240 ADA Concrete Ramp sf 115 Handrail (ADA Ramp) If 59 Parking Stop ea 11 Double Parking Striping (4" wide) If 180 Accessible Route Striping sf 90 Sign (Tow Away Zone) ea 1 Light Pole (Incl. Electric) ea 3 Flag Pole ea 1 Mail Box ea 1 BE MOIN Shade Trees (20' high) ea 7 Palm Tree (8'high) ea 1 Prepared Topsoil (4") cy 43 Hedges If 132 Planter Is 1 Mulch Is 1 Grass sf 3,500 Irrigation Is 1 110 Ponce De Leon Street, Suite 100 Royal Palm each, Florida 33411 phone: 561-792-3122 fax: 561-792-3168 ADDENDA 82 C 899 o AECOM 110 East Browwd Blvd, Suite 700 Fort Lauderdale, FL 33301 www. aeCoMZ0M City of Boynton Beach, a Florida municipal corporation P.O. Box 310 Boynton Beach, FL 33425 SUBJECT: Acquisition Purchase Offer Package Item/Segment No� Section: Managing District: F.A.P. #: State Road No," County: Parcel No: Dear Property Owner, 231932-1 93220-2562 4 D420 038 B 9 (1-95) @ Gateway BoWevard Palm Beach 701 As you may be aware, the Florida Department of Transportation (Department) requires property owned by you for the necessary road improvements planned for the above-ireferenced project. The Department has hired a private real estate appraiser who has completed extensive market research and appraised this property to determine its market value. After a thorough review by the Department's review appraiser, I am authorized to offer you on behalf of the Department the amount listed below for Temporary Easement Parcel 701 as described herein on the documents enclosed. Parcel 701: $200 Enclosed and listed below are a pamphlet and several documents summarized as follows; 1. The Real Estate Acguisition Process _Pam �hlet. Explains the rights and benefits to which you are entitled under the Department's acquisition process. 2. Notice to Owner: Explains Your rights and options and the process we must follow by law in acquiring property rights from YOU. I Questionnaire: Please cornplete this form and return it to my attention in the enclosed postage - paid envelope. 4. lei gtLgf_LA/a IVIa : Graphic depiction of the referenced parcels. 5, L__egaj_QescriptioiL. Describes and delineates the area of your property being acquired by the Department. 6. Statement of Offer Letter: Summarizes the Department's offer for the referenced parcel, T RjghL_gf V�/av �"urchase Agreerment After your review of the enclosed information, if you decide to accept the Department's offer, please sign, date and return the appropriate form to us. Your 900 signature on the Purchase Agreement will allow us to begin the processing of check ordering, scheduling of real estate closing, etc. 8. Donation Letter: The State of Florida Department of Transportation requests that consideration be given to donating Parcels 701. Request for Tax Number ldentification., A form that the Internal Revenue Service and the State Comptroller require either the property owners Federal Tax Identification or Social Security number for reporting purposes. 10. Re_quesf_for Appraisal-, Please complete the enclosed request for appraisal form and we will present you with a copy of the Department's appraisal. 11. Representative Authorization: If you have an attorney representing you in this matter, please complete this form with Your attorney and return it to us so that we can communicate directly with your attorney regarding this matter. 12. LINK TO THE CUSTOMER SURVEY: Attached is a link to our customer sur���. At he conclusion C Uisition of our nrrnnartw e woulcl,t��� After reviewing this package, if you agree with the offer tendered herein, please execute the Purchase Agreement and request for Taxpayer Identification Number and return the documents to our office. We will make every effort to reach an amicable and mutually satisfactory agreement and look forward to working with you and your attorney in this regard. You may contact me at (954) 812-5093 to discuss any questions or concerns YOU may have, Respectfully, J, pa"14'e"74% Christopher J. Poisson, Right of Way Agent AECOM Technical Services, Inc. Licensed real) Estate Broker Delivered by: Date: 4/10/2023 Acknowledgment of Receipt by: Date: 901 ; The Florida Department of Transportation's (FDOT) mission is to provide a safe transportation system that ensures the mobility of people rn goods, enhances economic prosperity and preserves the quality of our environment and corrimunifles. To accomplish our mission, sometimes it is necessary for nes to acquireprivate property. Because you are the owner of property that will be needed for a tr n p nt tl n facility, we have prepared this pamphlet to briefly explain our acquisition process as well as your rights and options. Receipt Acknowledged: .......... _ D� te:Delivered by: 014s�aq,41 %/Poz"Pkao' Date: 4/10/23 902 FORM 575-030-310 RIGHT OF WAY - 10/17 Page I of 2 FDOT llorida Department of Transportation 110,N DESAN I'Vi 3400 West Commeichal Boulevard JARED W PERDUE, RE- GOVEARNOR Fort LaudGrdaie, Fl-, 33309 NOTICE TO OWNER April 10, 2023 ITEM/SEGMENT #: MANAGING DISTRICT City of Boynton Beach, a Florida municipal corporation F.A.P. #: P.O. Box 310 STATE ROAD #: Boynton Beach, FL 33425 COUNTY: PARCEL #: Dear Property Owner(s): 231932-1 4 D420 038E 9 (1-95) @ Gateway Blvd. Palm Beach 701 'The Florida Department of Transportation is planning the following improvement of the above referenced transportation facility: intersection Improvement - State Road 9 / (1-95) at Gateway Blvd., Boynton Beach, Florida Our research shows you own property needed for, this project. This letter, along with the enclosed pamphlet entitled Acquisition Process, explains your rights and options and the process we must follow by law in acquiring your property. The following enclosed documents identify the property that is needed: Right of Way Map and Legal Description We recognize that a proposed transportation project, particularly one which requires the acquisition of private property, will usually result in many questions and concerns. Please be assured you will have sufficient time to have your questions answered, to consider and understand your rights, options and responsibilities, and make all necessary arrangements. Throughout this process we will do our best to ensure your questions are answered, that you are treated fairly and receive all of the rights you are guaranteed by law, and that you receive a fair price for your property. Under Federal and State law, you are entitled to certain rights and protections when the State must acquire real estate from You. The following is a summary of your rights: • You may obtain copies of the Department's appraisal, right of way maps and construction plans within 15 business days upon request. • We will make a written offer to you to purchase your property and will negotiate with you, in good faith, to reach a Mutually acceptable purchase price, • If we cannot agree on a purchase price, we will not file a condemnation lawsuit until at least 30 days after you receive Our initial written offer. ® You will receive no less than full compensation for the property acquired. Full compensation includes, the value of the real estate acquired together with damages, if any, to your remaining property, • You may be eligible for relocation assistance benefits if you are required to move or move personal possessions from the property we acquire. 903 FORM 575-030-310 RIGHT OF WAY - 10/17 Page 2 of 2 You may receive reimbursement for reasonable attorney fees and other reasonable costs you incur for appraisal and other services associated with the Department's acquisition. Your rights and options are more fully explained in the enclosed pamphlet. entitled Acquisition Process. We encourage you to read this pamphlet carefully and contact us if you have any questions, We want to negotiate with you for the Purchase of your property. If you have questions about any aspect of our acquisition process or if you have information that would help us to determine a fair, value for your, property or help us provide service to you, please let us know. Regardless of whether we can reach agreement on the purchase of your property, we will do our best to be sensitive and responsive to your needs. If you experience any problems, please do not hesitate to contact: AECOM Technical Services, Inc. Hugo Solano, AECOM Project Manager 110 East Broward Blvd., Suite 700 Fort Lauderdale, Florida 33301 MEDDEMM, Enclosures: Sketch and Legal Description (and/or right of way map) Acquisition Process Pamphlet CC: Records Management (147�'a'0101 J. po�,'I'o't' Carlos Martinez District Right of Way Manager By: Christopher J. Poisson AECOM R/W Agent Received by: Certified Mail Nu'mbe'r"*: Date: 904 ITEM/SEGMENT NO- 231932-1 MANAGING DIST; 4 F.A.P. NO; W420 033 STATE ROAD NO: SR 9/I-95 @ Gateway Pled. COUNTY; Palm Beach PARCEL NO; 701 /ATTENTION: Christopher Poisson Dear Property Owner: Please provide the following information and mail to this office. 1. Are you the owner of the property identified above? 2. I have sold all - or part of the property to: Name: Address: Approximate Date Sold: 3. Other than my spouse, I share ownership of this property with: Name: Address: Telephone No.: 4. Please list the appropriate contact person for this property: Name and Title: Address: Telephone No.: 5. Is there an ongoing business on this site? . If yes, who owns the business? Name: Address: Telephone No. - 7. Additional Comments: Property Owner's Signature Printed Name and Title Date 905 In 906 x mn'r x ry xi v e v 2 i w yr n r m e. m. r wv a n Y / k " r N r r u to it to it aw ^+ N nu' I t MN Y II v1 I i v I c i r W re r Y � r '21-47 1 I as I ti i II i �r I y e � ii II Ik �� �' �� 1� +1 �k II ru na."_ v •Y.x sk, '" �.:"4e° `,....-., ��,j 11 � 6 C5 I I I 4 / A r I � .0 w z� I / at 81 I q 1 n tl, 1 k ro I II u I II n k rc r u1 d M ago I I I I r s F w 907 Legal Description ltern/Segnnen C No. 2319321 Temporary Easement Section 93220-2562 08-17-22 Parcel No. 701 State Road 9 (1-95) Palm Beach County Description A portion ofLo( 40, Block 22, ROL,LING (3REEN RIDGE FIRST ADDITION, according to the plat thereof, as recorded in Plat Book. 24, Page 223, ofthe Public Records of Palm Beach County, Florida, lying in Section 4 6, Township 45 South, Range 43 East, as shown on Sheets 4 and 8 of the Florida Department of" Transportation Right of Way Map for State Road 9 (Interstate 95), Iteni/Segrnent No. 23 1932 1, Section 93220-2562, being rnore particularly described as follows: BEGIN at the Northeast Corner of said L,ot 40, also being a point on the Westerly Existing Right of Way line of Northwest 1 11 Street; thence South 01 "31 '25" East along said Westerly Existing Right of Way line, a distance of 21.7 feet to a point on the Northerly Existing Limited Access Right of Way line of Ciateway Boulevard; thence North 74'00'15" West: along said Northerly I I 'xisting I inlited Access Right of Way line, a distance of 5,24 feet-, thence North 0 031'25" West, a distance of 20.2 1 feet to a point on the North fine of said L.ot 40,thence North 88'28'35" East along said North fine, a distance of 5.00 feet to the POINTOF BEGINNINCi. Containing 105 SCjUare feet, more or less. A ternporary easement for the Purpose oftying in and harnionizing said property and the walkways, etc. to the roadway iniprovements, together- with the right of access, ingress and egress, and along with any other incidences necessary or convenient in connection with the COnStrUCtiOn to be undertaken by the Department. This temporary easement includes any excavation oil die subject property required for the purposes stated herein. This Easement isgranted upon the condition thatthe slop inga nd/or grad ing u pon tile above land shaH not extend beyondthe limits oudined above, inClUdingthe right to ingress and egress, OCCUPY, possess, and control the property for the stated pUrposes, to stage equipment f"orthe stated purposes, and to act as the agent for the owner for PLU-poses of applying for any necessary perrilit.'s, and/or approvals to accomplish the stated purposes. This Easement shall expire upon the completion ofthis transportation protect but riot later than the last day OfJU ly 2031. 908 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-030-08 STATEMENT OF OFFER RIGHT OFWAY03117 April 10, 2023 ITEM/SEGMENT NO.: 231932-1 DISTRICT: 4 City of Boynton Beach, a Florida municipal corporation P.O. Box 310 FEDERAL PROJECT NO.: D420 038 B Boynton Beach, FL 33425 STATE ROAD NO.: 9 l-(&)��ate�wa Blvd. COUNTY: Palm Beach PARCEL NO.: 701 Dear Property Owner, As you are probably aware, the State of Florida Department of Transportation is in the process of acquiring the needed right of way for the above referenced facility. A determination has been made that either a part or all Of your property will be needed. A search of the Public Records of the County in which this property is situated has been made and it was determined that property is owned by you. The interest being acquired in your property is: Temporary Easement In addition, the following list will identify the buildings, structures, fixtures, and other improvements which are considered to be a part of the real property acquired, or personal property being acquired, if any: N/A. The following items were excluded: None You are further advised that the Department's offer of just compensation for the property required for the construction of this facility is based on the Fair Market Value of the property and that the Department's offer to you is not less than the approved appraised value of the Ipropeirty. The following represents a summary of the Department's offer to you and the basis therefore. - Land $ 200.00 Improvernents $ 0.00 Real Estate Damages $0,00 Total $200.00 This Statement of Offer is not a contract; if you agree to accept this offer, you will be required to sign a purchase agreement. Any additional information you may require can be obtained through the Department's Representative that contacted you. If that representative is not readily available, please contact: tj�So�lanoAE�QOM Project _11/IaL1ageL..._ at AECOM Technical _Services Inc. 1_1 0 EaLt Broward Blvd., Suite 700, Ft. Lauderdale, FL 33301 Delivered By Receipt Acknowledged By Sincerely, Carlos Martinez District Right of Way Manager By: Christopher J. Poisson AECOM Right of Way Agent Christopher J. Poisson 4/10/23 Type or Print Name Date Type or Print Name Date 909 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PURCHASE AGREEMENT ITEM SEGMENT NO.: DISTRICT: FEDERAL PROJECT NO STATE ROAD NO.: COUNTY: PARCEL NO.: Seller: City of Boynton Beach a Florida munjqjal cor oration�___. Buyer: State of Florida, Department of Transportation 231932-1 4 D420 038 B Palm Beach 701 575-030-07a RIGHT OF WAY OGC — 10/16 Page 1 of 4 Buyer and Seller hereby agree that Seller shall sell and Buyer shall buy the following described property pursuant to the following terms and conditions-. I. Description of Property: (a) Estate Being Purchased: E] Fee Simple [] Permanent Easement E Temporary Easement Leasehold (b) Real Property Described As: Refer to attached Exhibit "A" (C) Personal Property: N/A ------------ (d) Outdoor Advertising Structure(s) Permit Number(s): N/A. — — --------- Buildings, Structures, Fixtures and Other Improvements Owned By Others: N/A These items are NOT included in this agreement. A separate offer is being, or has been, made for these items, II. PURCHASE PRICE (a) Real Property Land 1. $ 200.00 Improvements 2. $ O 00 -- Real Estate Damages 3. $ 0.00 (Severance/Cost-to-Cure) Total Real Property 4. $ 200.00 (b) Total Personal Property 5. $ 0.00 (c) Fees and Costs Attorney Fees 6. $ 0.00 Appraiser Fees - -- - ------ T $ LOO Fee(s) 8, $ 0.00 Total Fees and Costs 9. $ 0.00 (d) Total Business Damages 110® $ 0.00 (e) Total of Other Costs 11. $ 0.00 List: Total Purchase Price (Add Lines4,5,9,10and 11) $ 200.00 Total Global Settlement Amount (f) Portion of Total Purchase Price or Global Settlement $ 200.00 Amountto be paid to Seller by Buyer at Closing (g) Portion of Total Purchase Price or Global Settlement $ 2 Amount to be paid to Seller by Buyer upon surrender of possession or 910 575-030-07a RIGHT OF WAY OGC - 10/16 Page 2 of 4 IlL Conditions and Limitations (a) Seller is responsible for all taxes due on the property up to, but not including, the day of closing. (b) Seller is responsible for delivering marketable title to Buyer. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar in accordance with Florida Law subject only to those exceptions that are acceptable to Buyer. Seller shall be liable for any encumbrances not disclosed in the public records or arising after closing as a result of actions of the Seller, (c) Seller shall maintain the property described in Section I of this agreement until the day of closing. The property shall be maintained in the same condition existing on the date of this agreement, except for reasonable wear and tear. (d) Any occupancy of the property described in Section I of this agreement by Seller extending beyond the day of closing must be pursuant to a lease from Buyer to Seller. (e) The property described in Section I of this agreement is being acquired by Buyer for transportation purposes under threat of condemnation pursuant to Section 337.26 Florida Statutes. (f) Pursuant to Rule 14-10,004, Florida Administrative Code, Seller shall deliver completed Outdoor Advertising Permit Cancellation Form(s), Form Number 576-070-12, executed by the outdoor advertising permit holder(s) for any outdoor advertising structure(s) described in Section I of this agreement and shall surrender, or account for, the outdoor advertising permit tag(s) at closing. (g) Seller agrees that the real property described in Section I of this agreement shall be conveyed to Buyer by conveyance instrument(s) acceptable to Buyer. (h) Seller and buyer agree that this agreement represents the full and final agreement for the herein described sale and purchase and no other agreements or representations, unless incorporated into this agreernent, shall be binding on the parties. Seller and Buyer agree that a real estate closing pursuant to the terms of this agreement shall be contingent on delivery by Seller of an executed Public Disclosure Affidavit in accordance with Section 286,23, Florida Statutes. IV. Closing Date The closing will Occur no later than 60 days after Finall Agency Acceptance. V, Typewritten or Handwritten Provisions Any typewritten or handwritten provisions inserted into or attached to this agreement as addenda must be initialed by both Seller and Buyer. There is an addendum to this agreement. Page is made a part of this agreement. There is not an addendum to this agreement. 911 m5 -030-07o RIGHT o+WAY 000-,u"n Page nof^ \U. Seller and Buyer hereby acknowledge and agree that their signatures as Seller and Buyer below constitute their acceptance of this agreement as a binding real estate contract. It is mutually acknowledged that this Purchase Agreement is subject to Final Agency Acceptance by Buyer pursuant to Section 119.0711, Florida Statutes. A closing shall not be conducted prior to 30 days from the date this agreement is signed by Seller and Buyer to allow public review of the transaction. Final Agency Acceptance shall not be withheld by Buyer absent evidence of fraud, coercion, or undue influence involving this agreement. Final Agency Acceptance shall be evidenced by the signature of Buyer in Section VII of this agreement, Seller(s) Buyer State ofFlorida Department nfTransportation Signature Date BY: Type orPrint Name Signature Oahe Signature Date Type or Print Name and Title Type orPrint Name VII. FINAL AGENCY ACCEPTANCE The Buyer has granted Final Agency Acceptance this ____ day of BY: Signature Type or Print Name and Title Legal Review: Type or Print Name and Title ADDITIONAL SIGNATURES SELLER(S): Signature Date Type or Print Name Signature Date Type or Print Name Signature Date Signature Type or Print Name Signature Type or Print Name Signature 575-030-07 RIGHT OF WAY OGC - 12/09 Date Date MW Type or Print Name Type or Print Name Signature Date Signature Date Type or Print Name Type or Print Name - --- - ------- Signature Date Signature Date Type or Print Name Type or Print Name 913 1 Attachment "A" Item/Segment No. 231932 l Temporary Easement Section 93220-2562 08-17-22 parcel No. 701 State Road 9 (1-95) Palm Beach County Description A. portion of L,ot 40, Block. 22, ROLI-ING GREEN RIDGE FIRST ADDITION, accordingto the plat thereof', as recorded in Plat Book 24, Page 223, ofthe public Records of PaIni Beach County, Florida, lying in Section 16, Township 45 South, Range 43 East, as shown on Sheets 4 and 8 of the Florida Department of 'rransportation Right: of Way Map for State Road 9 (interstate 95), Item/Seg nient No. 2319321, Section 93220-2562, being snore particularly described as follows: BF`GIN at the Northeast Corner of'said L,ot 40, also being a point on the Westerly Existing Right of Way line of Northwest I `;' Street, thence South 01 "31'25'" East along said Westerly Existing Right of Way fine, a distance of2 1.79 feet to a point on the Northerly Existing I iinited Access Right of Way line of'Gateway BOLflevard, thence North 74,'00'15" West along said Northerly 11 1 "xisting Limited Access Right of Way line, a distance of5.24 I`c&, thence North 0l "3 1'25" West, a distance ol"20.21 feet to a point on the North line of said.Lot 40; thence North 88'2835" F1'ast along said North line, a distance of" 5.00 feet to the POINTOF BEGINNING. Containing l 05 square feet, more or less. A temporary easement forthe pUrposeoftying in and hannonizing said property and die walkways, etc. to the roadway improvements, together with the right ofaccess, ingress and egress, and along; with any other incidences necessary or convenient in connection with the construction to be undertaken by the Department. This temporary easement includes any excavation on die subJectproperty required for the Purposes stated herein. , ]']its Easement isgranted upon thecond4ion thatthe slopingand/orgradingUI)CMI the above land shall not extend beyond the lifnitS Outlined above, including; the right to ingress and egress, occupy, possess, and control the property for the stated Purposes, to stage equipment for the stated purposes, and to act as the agent for the owner forpurposes of applying for any necessary perrnits and/or approvals to accomplish the stated Purposes. This Easement shall expire upon the completion ofthis transportation project but not later than the last (Jay ofJuly 203 l . 914 575 DW; 12 21041 I M OF WAY FDOIT 0GC 04/22 Jolla-" 1-71orida Department qfTr(insportalion, 14ON DESANTIS Oflice of RgM of'WfAy JARED W. PERDUE, F1,E. 31N) W'c'�M CODMKCWI Bo� flaryord SECRETARY F,,o 9,nwdmhile FT 33309 3424 Donation of Property to the Florida Departnient of Transportation W11111111111INEW City of Boynton Beach, a Florida municipal corporation P.O. Box 310 Boynton Beach, FL 33425 ITEM/SEGMENT NO MANAGING DISTRICT STATE ROAD NO.: COUNTY: PARCEL NO.: INTEREST CONVEYED -2 9.a!��a Palm Beach 701 . . . ......... . .. . ............................. . . Tem poraryEasement ...... . ........ . . ........ -II-1111— This is to advise that the undersigned, as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced project, desires to make a voluntary donation of said property or property interest to the State of Florida for the use and benefit of the Florida Department of Transportation. The undersigned hereby acknowledges that he/she has been fully advised by a Department representative of his/her right to have the referenced property or property interest appraised, to accompany the appraiser during the appraisal inspection of the property, to receive full compensation for the above referenced property, and to receive reimbursement for reasonable fees and costs incurred, if any, Having been fully informed of the above rights, I hereby waive those rights unless otherwise noted below. Owner's Signature Type or Print Property Owner's Name Street Address City, State, Zip Code Date 915 STATE . OF FLORIDA DEPAR'iNtr-'_N'T OF 1"RANSPORrATION REQUEST FOR TAXPAYER IDENTIFICATION NUMBER 575-030-2'7 RIGHT OF WAY 10/16 City of Boynton Beach, a Florida municipal ITEM/SEGMENT NO.: 231932-1 ..... ............. ....._._........ .._................... corporation MANAGING DISTRICT: 4 P.CO, Sox 310 F.A.P. NO.: D420 038B Boynton Beach, FL 33425 STATE ROAD NO.: COUNTY: Palm Beach PARCEL NO.: 70,1 The Florida Department of Transportation will be acquiring, or has acquired property owned by you for a transportation project or will be processing a payment to you related to the above referenced parcel. Federal regulations require that we report this transaction to the Internal Revenue Service (IRS), therefore we must obtain your correct Taxpayer Identification Number (TIN). If you fail to furnish your correct TIN you may be subject to an IRS penalty. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. See the attached instruction for how to enter names and TINS. If you have any questions please let us know. _ ............... _.__.__ Name Phone Number _ __.......... __..........._..-----_.............. _...._._..... ----- I uslness Name, if different from above Phone Number _ , . )_--___..____--.._.._.._ ,V&iesumberstraet, and aptor suite no. _ OWNERSHIP INTEREST ❑ Sole Owner ___.._..___..........._----..._______..._....._.._._.-_-_---- � ___._._... Part COwner with % interest ��� l� Code C _ Not Applicable (Vendor Cinly) TAXPAYER IDENTIFICATION NUMBER (TIN) For individuals, this is your social security number (SN): For other entities, it is your employer identification number (EIN): — — — If your do not have a TIN, see attached instructions for How to get a TIN. ® — Below, choose one number that accr.rrately describes the business or the individual. ID I- CORPORATION, PROFESSIONAL ASSOCIATION OR PROFESSIONAL CORPORATION (A corporation formed under the laws of any state within the United states.) ❑ 2. -NOT FOR PROFIT CORPORATION (Section 501(c)(3) Internal Revenue Code) 3 - PARTNERSHIP, JOINT VENTURE, ESTATE, TRUST OR MULTIPLE MEMBER LLC E] 4 - INDIVIDUAL, SOLE PROPRIETOR, SELF EMPLOYED OR SINGLE MEMBER LLC ❑ 6- NONCORPORATE RENTAL AGENT 6 - GOVERNMENTAL ENTITY (City, County, State or U.S. Government) ❑ 7 - FOREIGN CORPORATION OR ENTITY (A 'foreign entity formed under the laws of a country other than the United States.) If YES is marked below, complete and attach Form W-8ECI. Is income effectively connected with business in the United States? ❑ YES ❑ NO [ j 8 - NONRESIDENT ALIEN (An individual temporarily in the U.S. who is not a U.S. citizen or resident.) CERTIFICATION Under penalties of perjury, I certify that the number shown on this form Is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me). In Here ___.._._.... Date Title Email (optional) 916 REQUEST FOR APPRAISAL - FEE OWNER The Forida Department of Transportation Office of Right of Way 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 SUBJECT: Request for Appraisal — Fee Owner Item/Segment #: 231932-1 State Road No.: 9/1-95 @ Gateway Blvd. County: Palm Beach Parcel No(s).: 701 Dear Mr. Poisson, I have requested and received a copy of the appraisal report upon which the offer to purchase my property is based. Date 917 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION REPRESENTATIVE AUTHORIZATION State ofFlorida Department of'I"ransportodon 3400 W. Commercial Boulevard Fort Lauderdale, FIL333O9 Attention: Carlos Martinez District iC112_2L��E!qr Dear FDQTRight ofWay Manager: This is to advise you that | hereby authorize of |TEM/GEGMENTNO,: MANAGING DISTRICT: F.&P, NO.: STATE ROAD NO.: COUNTY: PARCELNO.� 231932-1 D420 038 Palm Beach 701 575-m0-02 RIGHT OF WAY 2/20 who was hired bymooaof to (indicate extent of authorization by marking one or both boxes as applicable): [] Represent me in all future dealings in the above referenced project and parcel(s), F-1 Accept service of process in my behalf concerning any legal proceedings in eminent domain which may ensue. OWNER(S)/TENANT(S): e Printed Name This is toadvise you that |amauthorized to represent City of Boynton Beach,, a Florida municipal nf in the capacity(ies) set forth above. 101 am In] am not a member of the Florida Bar. Q I will accept service of process. NOTE: This document must benotarized if the agent is not amember nfthe Florida Bar but isauthorized toaccept service of STATE orFLORIDA CooTYoF Representative Signature Date The foregoing instrument was acknowledged before mabymeans m ophysical preaenoao,00nlinennmnzao"n.thm_______day of by as -(Type of authority) for (Name of party on behalf of whom instrument was executed) gnature of Notary Public — State of Florida Print, Type, orStamp Commissioned Name mNotary Public Personally Known oRProduced |dontifiotiun______ Type of Identification Produced Representative Printed Name Representative Address Phone: 918 AN APPRAISAL OF PARCEL 701 THE VACANT RESIDENTIAL LAND LOCATED AT THE NORTHWEST CORNER OF W. GATEWAY BOULEVARD & NW IST STREET BOYNTON BEACH, FLORIDA 33435 231932-1-701CLP STATE ROAD 9 (INTERSTATE 95 AT GATEWAY BOULEVARD) ITEM/SEGMENT # 231932-1 STATE PROJECT # 93220-2562 CONTRACT # DOC78 C&P FILE NO. 22-83798 7a17mbilre7.l MR. VICTOR RAMOS DEPUTY RIGHT-OF-WAY MANAGER APPRAISAL FDOT DISTRICT FOUR AS OF JANUARY 19, 2023 BY CURTIS L. PHILLIPS, MAI CALLAWAY & PRICE, INC. 919 -F. .......... Callaway, & Price, Inc. 25 Real Estate Appraisers And Consultants "KI Llcei7sed Real Estate Brokers Since 197a m. TREASURE COAST 1803 South 25"' Street Please ires1poind to S(pace Coast office Suite 1 E.-Maill: c&'r[.J,�O,( ;,,g�kma and ��r�(e,�corn SOUTH FLORIDA Per your request, I have completed an analysis of the Temporary 1410 Park Lane South January 3 1, 2023 Suite I parent tract is located at the northwest corner of W. Gateway Boulevard and Jupiter, FL 33458 NW I" Street within the City of Boynton Beach. The site has not been Phone (561) 686-0333 Mr. Victor Ramos Fax (561) 686-3705 Deputy District Right. -of -Way Manager ---Appraisal Michael R. Slade, MAI, SPA, CRE Florida Department of Transportation, District Four Cert Gen RZI 16 3400 West Commercial Boulevard, m s lade@cal I awaya no price. corn contains 0.179 acres (7,797 SF). The across the fence parent tract has an Suite I Fort Lauderdale, FL. 33309 Stephen D. Shaw, MAI, AI-GRS Due to across the fence methodology, the actual parent tract is assumed Cart Gen RZI 192 vacant in this analysis and the improvements, if any, are not considered, s.shaw@callawayandprice.com RE- State Road 9 (interstate 95 at Gateway .Blvd) Managing District Four Robert A. Callaway, MRICS Item/Segment # 231932--1 County.- Palm Beach Cert Gen RZ2461 State ProJ ect 4 93220-2562 Parcel 701 r.caIlaway@ca�lawayandprice.com Contract 4 DCC 78 TREASURE COAST 1803 South 25"' Street Dear Mr. Rainos. Suite 1 Fort. Pierce, FL 34947 Phone (772) 464-8607 Per your request, I have completed an analysis of the Temporary Fax (772) 461-0809 Construction Easement (TCE) Acquisition known as Parcel 701 . 'rhe actual Stuart parent tract is located at the northwest corner of W. Gateway Boulevard and Phone (772) 287-3330 Fax (7-72) 461-0809 NW I" Street within the City of Boynton Beach. The site has not been Stephen G. Neill, Jr., IMAI assigned as street address. The actUal parent tract is vacant residential land not Cert Geri RZ2480 suitable for development as a standalone parcel. For reasonable analysis, I s.neill@callawayandprice.com have analyzed this parcel with the "across the fence" (ATF) method where the across the fence parent tract is the adiacent parcel to the north which SPACE COAST 1120 Palimefto Avenue contains 0.179 acres (7,797 SF). The across the fence parent tract has an Suite I assigned street address of 2221 NW I" Street, Boynton Beach, FL 334350 Melbourne, F1_ 32901 Phone (321) 726-0970 Due to across the fence methodology, the actual parent tract is assumed Fax (561) 686-3-705 vacant in this analysis and the improvements, if any, are not considered, Curtis L. Phillips, MAI Cert Gen RZ2085 Parcel 701 is a partial TCE acquisition which can generally be described as a c.p�iillips@ca�lawayandpirice.com strip of land located along the actual parent tract's eastern boundary. The (,ENTIRAIL IFFILOR1IDA across the fence parent tract, actual parent tract, and part acquired will be 2816 E. Robinson Street Further described within the following appraisal report. The purpose of this Orlando, Ft_ 32803 investigation and analysis was to provide an opinion of the Market Value of Phone (321)'726-09'70 Fax (561) 686-3705 the Fee Simple Estate of the part acquired, plus cost to cure (if applicable), Curtis L. Phillips, K/lA1 damages, and special benefits to the retnainder, if any. Cert Gen RZ2085 c.phidlips@callawayandprice.com 920 Mr. Victor Ramos Deputy District Right -of -Way Manager — Appraisal Florida Department of Transportation, District Four January 31, 2023 Page 2 This report has been prepared for our client, FDOT District Four. The scope of work performed is specific to the needs of the intended user and the intended use. No other use is intended, and the scope of work may not be appropriate for other uses. The scope of work performed in this appraisal included a complete analysis of the parent tract, the part acquired, the remainder, and damages to the remainder, if any. A detailed scope of work description can be found in the body of this report. Based upon the scope of the assignment, my investigation and analysis of the information contained within this report, as well as my general knowledge of real estate valuation procedures and market conditions, it is our opinion that: The Market Value of the Temporary Construction Easement (TCE) known as Parcel 701 as of January 19, 2023, was: $200 This letter must remain attached to the report, which contains 81 pages, plus related exhibits, in order for the value opinion set forth herein to be considered valid and relied upon. I certify that the appraisal services herein have been reviewed for compliance by Curtis L. Phillips and conform to USPAP, FDOT Supplemental Standards, and other contract requirements. A description of the property appraised, together with an explanation of the valuation procedures utilized, is contained in the body of the attached report. For your convenience, an Executive Summary follows this letter. Your attention is directed to the Limiting Conditions and underlying assumptions upon which the value conclusions are contingent. Respectfully submitted, CALLAWAY & PRICE, INC. Curtis L. Phillips, MAI Cert Gen RZ2085 CLPM&DOT-Files/FDOT District 4/#93220-2562 Gateway/Subject Folders/83798 P 701 Attachments 921 100 -CERTIFICATE OF VALUE Attachment 1 FLORIDA DEPARTMENT OF TRANSPORTATION CERTIFICATE OF VALUE Item/Se meat 231932-1 State Road 9 [ interstate 95 at Gateway: Blvd) . .. ...... Coun�� Palm Beach Man ink District Four FAP No........ N/A Parcel No. 701 I certify to the best of my knowledge and belief, that: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, unbiased, professional analyses, opinions, and conclusions. 3. I have no present or prospective interest in the property or bias with respect to the property that is the subject of this report, and 1 have no personal interest or bias with respect to the parties involved. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 4. I have not perfbrmed 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. 5. 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. 6. My analyses, opinions, or conclusions were developed, and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice, and the provisions of Chapter 475, Part II, Florida Statutes. 7. I have made a personal inspection of the property that is the subject of this report, and I have afforded the property owner the opportunity to accompany me at the time of the inspection. I have also made a personal field inspection of the comparable sales relied upon in making this appraisal. The subject and the comparable sales relied upon in making this appraisal are represented by the photographs contained in this appraisal. 8. No persons other than those named herein provided significant real property appraisal assistance to the person signing this certification. ('the name of each individual providing significant assistance must be stated on an addendum to this certificate, together with a statement of whether such individual is a state registered, licensed or certified appraiser and, if so, his or her registration, license or certification number.) 9. 1 understand that this appraisal is to be used in connection with the acquisition of right-of-way for a transportation facility to be constructed by the State of Florida with the assistance of Federal -aid highway funds, or other Federal or State funds. 10. This appraisal has been made in conformity with the appropriate State laws, regulations, policies and procedures applicable to appraisal of right-of-way for transportation purposes; and, to the best of my knowledge, no portion of the property value entered on this certificate consists of items which are non -compensable under the established law of the State of Florida. 11. 1 have not revealed the findings or results of this appraisal to anyone other than the proper officials of the Florida Department of Transportation or officials of the Federal Highway Administration, and I will not do so until so authorized by State officials, or until I am required by due process of law, or until I am released from this obligation by having publicly testified as to such findings. 12. Regardless of any stated limiting condition or assumption, I acknowledge that this appraisal report and all maps, data, summaries, charts and other exhibits collected or prepared under this agreement shall become the property of the Department without restriction or limitation on their use. 13. Statements supplemental to this certification, required by membership or candidacy in a professional appraisal organization, are described on an addendum to this certificate and, by reference, are made a part hereof. Based upon my independent appraisal and the exercise of my professional judgment, my opinion of the Market Value of the Fee Simple Estate of the part acquired, including net severance damages after special benefits, if any, of the property appraised as of the 19th day of January 2023 is: $200. Market Value should be allocated as follows: Land $ 200 Improvements $ 0 Net Damage &/Or Cost to Cure $ 0 Total $ 200 January 31, 2023 Date Land Area 105 5qpare Land Use (HABU as vacant) Residential Curtis Phillips, MAI Cert Gen RZ2085 3 922 „aaa. �........... .,,,,,,.....w —,..,... ,_ ..... ........ �. ................. . , ................�_._aa w . _ ,.,........... LAI Addendum to Certificate ADDENDUM TO THE CERTIFICATE OF VALUE I certify that, to the best of my knowledge and belief, the reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. As of the date of this report, Curtis Phillips, MAI has completed the continuing education program of the Appraisal Institute. Curtis Phillips, MAI, Cert Gen RZ2085, has met the requirements of continuing education for the state certification. The expiration date of my license is November 30, 2024. I certify that, to the best of my knowledge and belief, the reported analyses, opinions, or conclusions were developed, and this report has been prepared in conformity with the requirements of the State of Florida for state -certified appraisers (Florida Statutes, Chapter 475, Part II). The use of this report is subject to the requirements of the State of Florida relating to review by the Florida Appraisal Board. I have made a personal inspection of the property that is the subject of this report and I have afforded the property owner the opportunity to accompany me at the time of the inspection. I have also made a personal field inspection of the comparable sales relied upon in making this appraisal. The property that is the subject of this report along with comparable properties relied upon in making this appraisal are as represented by the photographs contained in this appraisal. David J. Boggs, Cert Gen RZ3691, and Ryan M. Powell, Cert Gen RZ3684, provided significant professional appraisal assistance which included inspection of the parent tract, researching the overall market, compiling data, assembling research and entering data. The expiration date of their licenses is November 30, 2024. The reader is referred to the appraiser's qualifications in the addenda of this report. I am fully competent to complete this assignment based upon knowledge and past experience involving a wide variety of property types and appraisal problems including multi -parcel assignments for eminent domain purposes. The reader is referred to the appraisers' qualifications in the Addenda of this report. I have retained sub -consultants to assist in various specialties when applicable. Michael F. Sexton, PE, PSM, of Sexton Engineering Associates, Inc. provided a parcel sketch, engineering report and quantities. Doug Kelly, AICD, CSI of England-Thims & Miller, Inc. provided land planning services. Where sub - consultants have been utilized in the appraisal process, they are referenced within the appraisal report along with their supporting documentation. The reader is referred to the qualifications of the sub - consultants in the Addenda of this report. Curtis L. Phillips, MAI Cert Gen RZ2085 0 January 31. 2023 Date 923 110-TABLE OF CONTENTS Table of Contents Pa e Np, 100 -CERTIFICATE OF VALUE....................................................................................................3 ADDENDUM TO THE CERTIFICATE OF VALUE....................................................................4 115A -GENERAL ASSUMPTIONS................................................................................................7 115B -LIMITING CONDITIONS....................................................................................................8 120 -SUMMARY OF SALIENT FACTS......................................................................................10 130 -TYPE OF APPRAISAL AND REPORT FORMAT..............................................................13 140 -PURPOSE, INTENDED USE, AND INTENDED USER OF THE APPRAISAL ...............13 150 -MARKET VALUE DEFINITION.........................................................................................14 160 -PROPERTY RIGHTS OR INTEREST APPRAISED...........................................................14 175 -SCOPE OF WORK EXTENT OF PROCESS OF COLLECTING, CONFIRMING AND REPORTING DATA.....................................................................................................................15 180 -APPRAISAL PROBLEM DISCUSSION..............................................................................17 200 -IDENTIFICATION OF PROPERTY AND LEGAL DESCRIPTION..................................18 220 -DESCRIPTION OF AREA AND NEIGHBORHOOD.........................................................19 230 -DESCRIPTION OF PROPERTY, PHOTOGRAPHS, AND SKETCHES ............................41 235 -EXISTING TRANSPORTATION FACILITY DESCRIPTION...........................................53 240 -ZONING & LAND USE PLAN.............................................................................................54 250 -ASSESSED VALUE, TAXES, AND SPECIAL ASSESSMENTS.......................................56 260 -HISTORY OF PROPERTY...................................................................................................56 270 -EXPOSURE TIME.................................................................................................................56 280 -PUBLIC AND PRIVATE RESTRICTIONS.........................................................................56 300 -HIGHEST AND BEST USE ANALYSIS.............................................................................57 302 -HIGHEST AND BEST USE CONCLUSION.......................................................................58 305 -APPROACHES TO VALUE USED AND EXCLUDED......................................................59 310-LAND-VALUATION............................................................................................................59 LAND ADJUSTMENT GRID......................................................................................................62 ANALYSIS OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS .......... 63 390 -RECONCILIATION OF VALUE INDICATIONS AND FINAL VALUE ESTIMATE .....66 395 -ALLOCATION OF LAND, BUILDINGS, STRUCTURES, AND OTHER IMPROVEMENTS........................................................................................................................66 470 -DESCRIPTION OF TEMPORARY EASEMENT ACQUIRED..........................................67 490 -VALUATION OF TEMPORARY EASEMENT ACQUIRED............................................68 500 - VALUATION OF THE REMAINDER AS PART OF THE WHOLE...............................74 640U -PURPOSE OF APPRAISAL OF REMAINDER UNCURED AFTER THE ACQUISITION..............................................................................................................................75 68OU-APPRAISAL PROBLEM FOR REMAINDER UNCURED..............................................75 730U -DESCRIPTION OF REMAINDER UNCURED................................................................75 740U -ZONING, LAND USE PLAN, CONCURRENCY.............................................................76 750U -PROPOSED TRANSPORTATION FACILITY DESCRIPTION......................................76 775U -EFFECT OF ACQUISITION ON REMAINDER UNCURED..........................................76 80OU-HIGHEST AND BEST USE OF REMAINDER UNCURED...........................................76 802U -HIGHEST AND BEST USE CONCLUSION OF REMAINDER UNCURED .................76 805U -APPROACHES TO VALUE USED AND EXCLUDED FOR REMAINDER UNCURED76 81OU-LAND VALUATION FOR REMAINDER UNCURED....................................................77 5 924 Table of Contents 890U -RECONCILIATION OF REMAINDER VALUE INDICATIONS AND FINAL VALUE ESTIMATE OF THE REMAINDER UNCURED........................................................................77 895U -ALLOCATION OF LAND, BUILDINGS, STRUCTURES AND OTHER IMPROVEMENTS FOR THE REMAINDER UNCURED.........................................................78 900 -SUPPORT FOR DAMAGES/NO DAMAGES TO THE REMAINDER..............................79 910U-COST-TO-CURE................................................................................................................79 920 -SPECIAL BENEFITS............................................................................................................79 995 -SUMMARY OF VALUES.....................................................................................................80 996-ADDENDA............................................................................................................................81 0 925 �.«...........................,.......I'll ..,.... ........... .......... ............................. ....... ......... _.,,,,,,,,,,..................................,.......:................... ...... .......... ........... ..�«.—........,.�n..,.,...�...�...m,,,,...............�.m.......,..« Genera/ Assumptions & Limiting Conditions 115A -GENERAL ASSUMPTIONS Unless otherwise stated, the value appearing in this appraisal represents the opinion of the Market Value or the Value Defined AS OF THE DATE SPECIFIED. Market Value of real estate is affected by national and local economic conditions and consequently will vary with future changes in such conditions. The value opinion in this appraisal report is gross, without consideration given to any encumbrance, restriction, or question of title, unless specifically defined. 3. This appraisal report covers only the property described and any values or rates utilized are not to be construed as applicable to any other property, however similar the properties might be. 4. It is assumed that the title to the premises is good; that the legal description is correct; that the improvements are entirely and correctly located on the property described and that there are no encroachments on this property, but no investigation or survey has been made. 5. This appraisal expresses our opinion, and employment to make this appraisal was in no way contingent upon the reporting of predetermined value or conclusion. 6. No responsibility is assumed for matters legal in nature, nor is any opinion of title rendered. In the performance of our investigation and analysis leading to the conclusions reached herein, the statements of others were relied on. No liability is assumed for the correctness of these statements. 7. Neither all nor any part of the contents of this report (especially any conclusions, the identity of the appraiser or the firm with which he is connected, or any reference to the Appraisal Institute or any of its designations) shall be disseminated to the public through advertising media, public relations media, news media, sales media or any other public means of communication without our prior written consent and approval. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render it more or less valuable. I assume no responsibility for such conditions or the engineering which might be required to discover these factors. 9. My opinion of value was based on the assumption of competent marketing and management regarding the parent tract. If there is no competent marketing and management, then the value contained herein may not apply. 10. This report has been prepared for our client, FDOT District Four. The purpose of this investigation and analysis was to provide an opinion of the Market Value of the Fee Simple Estate of the part acquired for acquisition purposes. I have utilized client provided plans and exhibits along with the data gathered from public records sources, my physical inspection, and information provided by the sub -consultants, if any, to describe and FA 926 f_ .............. .................. ......-...._....-.,-A. ,.,,,, ,_ ,,,,,,. ...... - ...- .............. _---_______.111 . ......... . . � ..- ...._. General Assumptions & Limiting Conditions analyze the parent tract and the part acquired herein. If any information utilized herein varies significantly from the actual information, this appraisal may be subject to revision. 11. Any map, sketch, or exhibit in this report may show approximate dimensions and is included to assist the reader in visualizing the property. Maps, sketches, and exhibits found in this report are provided for reference purpose only. No guarantee of any exhibit's accuracy is expressed or implied unless otherwise stated in this report. In making such exhibits, I have relied upon client provided plans and exhibits along with the data gathered from public records sources, my physical inspection, and information provided by the sub -consultants, if any. A slight site size discrepancy exists between the client provided actual parent tract site size and the Palm Beach County Property Appraiser's records. I have relied upon the client provided site size herein. Further, I have relied upon Palm Beach County Property Appraiser's records for the across the fence parent tract site size. I have rounded this figure to the nearest thousandth. 115B -LIMITING CONDITIONS I have provided an opinion of the value of the remainder under the hypothetical condition that the proposed transportation facility has been completed according to the contract plans and said facility is open for public use. The hypothetical condition might have an effect on the assignment results. 2. No extraordinary assumptions are part of this appraisal assignment. 3. No special assumptions are part of this appraisal assignment. 4. Unless otherwise stated in this report, the existence of hazardous substances, including without limitation stachybotrys chartarum (mold), asbestos, polychlorinated biphenyls, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, or other environmental conditions, was not called to my attention, nor did I become aware of such during the inspection. I have no knowledge of the existence of such materials on or in the property unless otherwise stated; however, I am not qualified to test for such substances or conditions. If the presence of such substances, such as asbestos, urea formaldehyde foam insulation, or other hazardous substances or environmental conditions, may affect the value of the property, the value conclusion is predicated on the assumption that there is no such proximity thereto that would cause a loss in value. I am unaware of very wet conditions that may have existed for days or weeks which are required to grow mold. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. 5. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. I 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 8 927 General Assumptions & Limiting Conditions value of the property. Since I have no direct evidence relating to this issue, possible non- compliance with the requirements of ADA in concluding the value of the property has not been considered. USPAP Standards Rule 14F states, "When analyzing anticipated public or private improvements, located on or off the site, an appraiser must analyze the effect on value, if any, of such anticipated improvements to the extent they are reflected in the market actions." Florida Statue 73.071, Paragraph 5 and CFR Title 49, Section 24.103, Paragraph 2b, state that the project influence will be excluded from the property valuation. This statement establishes a hypothetical condition within this appraisal. 667 928 ■ 120 -SUMMARY OF SALIENT FACTS PROPERTY TYPE . Vacant Residential Land Summary of Salient Facts OWNER/ADDRESS City of Boynton Beach, a Florida municipal corporation P.O. Box 310, Boynton Beach, FL 33425-0310 ATTORNEY REP I am unaware of any attorney representation. LOCATION The actual parent tract is located at the northwest corner of W. Gateway Boulevard and NW 1 st Street within the City of Boynton Beach. The site has not been assigned a street address. The actual parent tract is vacant residential land not suitable for development as a standalone parcel. For reasonable analysis, I have analyzed this parcel with the "across the fence" (ATF) method where the across the fence parent tract is the adjacent parcel to the north. The across the fence parent tract has an assigned street address of 2221 NW 1St Street, Boynton Beach, FL 33435. DATE OF REPORT January 31, 2023 DATE OF VALUATION January 19, 2023 DATE OF INSPECTION January 19, 2023 PERSONS ATTENDING INSPECTION Curtis L. Phillips, MAI, completed the formal inspection which occurred on January 19, 2023. David J. Boggs Ryan M. Powell of Callaway and Price, Inc. were also present during the inspection. Mr. Eddie Herrin of Gen Con and Doug Kelly, AICP, CSI of England-Thims & Miller, Inc. also attended the inspection. The owner did not accompany me during the inspection. The inspection consisted of a full inspection of the actual parent tract and part acquired as well as an exterior inspection of the across the fence parent tract. PROPERTY DESCRIPTION LAND The following land sizes are taken from the FDOT right- of-way map and Palm Beach County Property Appraiser's records. The actual parent tract size and Parcel 701 size are provided in square feet. The ATF parent tract is in acres. All are rounded to acres to the thousandth decimal place, with the ATF site size 10 929 F ....... .......... _...----......--- _-_ .............A .................._...... �. _. �_....._.. .w� Summary of Salient Facts converted to square feet. Due to insignificant rounding, the acres shown may or may not convert to the exact square feet provided by the right-of-way map. PARENT TRACT (Actual) 796 Square Feet (0.018 Acres) PARENT TRACT ("ATF") 7,797 Square Feet (0.179 acres) PARCEL 701 105 Square Feet (0.002 Acres) TOTAL REMAINDER (Actual) 796 Square Feet (0.018 Acres) TOTAL REMAINDER ("ATF") 7,797 Square Feet (0.179 acres) BUILDINGS . None ZONING R-1 (Single Family 7.5 du/acre) by City of Boynton Beach LAND USE PLAN Low Density Residential (LDR) 7.5 du/acre by City of Boynton Beach HIGHEST AND BEST USE AS IF VACANT Single family residential development AS IF IMPROVED Not Applicable. ROAD FRONTAGE Per FDOT right-of-way maps the actual parent tract frontages are 21.79 feet on NW 1 st Street and 102.49 feet on W. Gateway Boulevard. The across the fence parent tract has 65.00 feet of frontage along NW 1 st Street. ACCESS The actual parent tract has no developed access point nor is one physically possible. The across the fence parent tract has a single concrete driveway which is two -cars wide with a concrete apron on the west side of NW 1 st Street. NW 1 st Street is a paved residential roadway. EXISTING MEDIAN OPENINGS: A raised concrete median exists in front of the actual parent tract's frontage on W. Gateway Boulevard. No raised medians are located on NW 1 st Street in front of either the actual parent tract or ATF parent tract. OCCUPANCY None ON PREMISE SIGNS None ODA SIGNS None 11 930 OTHER SIGNIFICANT FACTS : Summary of 5aiient Facts The actual parent tract is not suitable for development as a standalone property. As a standalone parcel it is limited by its physical constraints other than development with the adjacent land. The highest and best use is assemblage to the adjoining property owner. The adjacent parcel to the north is an improved residential lot. This is the parcel relied upon for the "as vacant" across the fence site size within the valuation section for comparison purposes. The site is assumed vacant. I have provided an opinion of the value of the remainder under the hypothetical condition that the proposed transportation facility has been completed according to the contract plans and sed facility is open for public use. The reader is directed to the general assumptions and limiting conditions that are part of this analysis. 12 931 introduction & Premises of Appraisal 130 -TYPE OF APPRAISAL AND REPORT FORMAT The parent tract will be further described within the following appraisal report. This appraisal report is intended to comply with the reporting requirements as set forth under Standards Rule 2- 2(a) of the Uniform Standards of Professional Appraisal Practice for appraisals. As such it only presents discussions of the data, reasoning and analyses that were used in the appraisal process to develop my opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the file. The depth of the discussion contained in this report is specific to the needs of the client and for the intended use stated in this report. This is confirmed by prior agreed upon Scope of Appraisal and Project Contract #DOC78, between Florida Department of Transportation (FDOT) District One and Callaway and Price, Inc. and by Letter of Authorization #24 dated July 21, 2022 which served as the original Notice to Proceed. Hypothetical Conditions The Dictionary of Real Estate Appraisal, Seventh Edition 2022, by the Appraisal Institute, defines Hypothetical Conditions on page 92 as follows: 1. "A condition that is presumed to be true when it is known to be false." 2. "A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results but is used for the purpose of analysis." "Hypothetical conditions are contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis." I have provided an opinion of the value of the remainder under the hypothetical condition that the proposed transportation facility has been completed according to the contract plans and said facility is open for public use. The hypothetical condition might have an effect on the assignment results. 140 -PURPOSE INTENDED USE AND INTENDED USER OF THE APPRAISAL Purpose of Appraisal: Develop and report an opinion of Market Value Intended Use of Appraisal: Acquisition of right of way Intended User: Florida Department of Transportation 13 932 150 -MARKET VALUE DEFINITION Introduction F Premises of Appraisal Florida State Road Dept. v. Stack, 231 So.2d859 Fla., I" DCA 1969 "Value as used in eminent domain statute, ordinarily means amount which would be paid for property on assessing date to willing seller not compelled to sell, by willing purchaser, not compelled to purchase, taking into consideration all uses to which property is adapted and might reasonably be applied." 160 -PROPERTY RIGHTS OR INTEREST APPRAISED Fee Simple Estate The Dictionar�, of Real Estate Appraisal, Seventh Edition 2022, by the Appraisal Institute, defines Fee Simple Estate on page 73 as follows: "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat." No non realty items have been included in my valuation. No adverse easements or encumbrances impact the fee simple estate as discussed in Section 280, Public and Private Restrictions. Easement The Apl� aisal of Real Estate, 15th Edition, by the Appraisal Institute, defines Easement on page 64 as follows: "An easement is an interest in real property that transfers use, but not ownership, of a portion of an owner's property." 14 933 Scope of Work 175 -SCOPE OF WORK EXTENT OF PROCESS OF COLLECTING,CONFIRMING AND REPORTING DATA According to the 15th Edition of The AMraisal of Real „ Estate, page 75, "In the valuation process, the identification of the assignment elements leads p , g directly into the determination of the scope of work of an assignment, i.e., the type and extent of research needed to solve a appraisal problem. Professional valuation standards place the responsibility for determining the appropriate scope of work in an appraisal assignment squarely on the shoulders of the appraiser. The scope of work for an assignment is acceptable if it leads to credible assignment results, is consistent with the expectations of parties who are regularly intended users for similar assignments and is consistent with what the actions of an appraiser's peers would be in the same or a similar assignment." The first step in the appraisal process involved defining the appraisal problem which included the purpose and date of value, determining the interest being appraised, intended use and user of the appraisal, and identifying the real estate (legal description). This step also determined if the appraisal were subject to any extraordinary assumptions or hypothetical conditions. The appraisal is subject to a hypothetical condition. General assumptions and limiting conditions are discussed in Section 115AB. The next step involved the inspections of the parent tracts and the part acquired. The inspections allowed me to understand the physical components of the property. In addition to the inspections, I also began the data -collection process and, subsequently, an analysis of the factors that affect the market value of the across the fence parent tract, including a market area analysis, neighborhood analysis, and property data analysis. I gathered and reviewed information from the client, sub -consultants (if any), Palm Beach County Property Appraiser's Office, and appropriate local zoning and building departments. I relied upon my database, public records, and subscribed data sources for property and sales information. Sources used in obtaining sale and rental information included public records, MLS, Costar, Crexi, MapWise, LoopNet, other appraisers, prior Callaway and Price appraisals, local real estate agents, developers, local property managers, and local market participants. Market data gathered included sales of vacant and improved competing properties. All of the sales data used in this appraisal was verified by personal or phone interviews with the property owners, principals to transactions, brokers, persons knowledgeable of the sale, or public officials. I have inspected the parent tract as well as inspected and verified all sales used in this analysis. The third step in the process was to determine the Highest and Best Use of the parent tracts as vacant. Through the Highest and Best Use analysis, I determined the issues that influence the final opinion of value. To determine the Highest and Best Use, I relied on information obtained from the data -collection process. The fourth step was the application of the appropriate techniques for the site valuation. For reasonable analysis, I have analyzed this parcel with the "across the fence" (ATF) method. The across the fence parent tract is valued as a vacant residential lot. A valuation of the land is completed. The most reliable way to provide an opinion of land value is by Sales Comparison. 15 934 Scope of Work All sales were verified by market participants and personally viewed and photographed from the exterior. In this appraisal, the only approach relied upon was the Sales Comparison Approach for Land Valuation. Site improvements are not considered under the across the fence methodology. An analysis of the land is completed and utilized to value of the part acquired TCE. The value of the part acquired is subtracted from the concluded value of the parent tract in the before scenario to determine the value of the remainder as a part of the whole. An analysis of the remainder uncured is then completed and the conclusion is compared to the remainder as a part of the whole conclusion to determine damages, if any. No cost to cure is applicable and therefore no analysis of the remainder cured is performed. 16 935 t identification of Property 180 -APPRAISAL PROBLEM DISCUSSION The appraisal problem was to determine the Market Value of the part acquired. The appraisal of the ATF parent tract is as vacant, and the appraisal of the remainder presumes that the proposed transportation project is in place and operating. The value of the part acquired as part of the whole will be concluded. Damages, cost -to -cure, and special benefits, which off -set damages, will also be considered. The appraisal assignment involves valuation of the parent tract in conjunction with eminent domain proceedings. Parcel 701 is not suitable for development as a standalone property. As a standalone parcel, the parent tract is limited by its physical constraints. As such, its only developable with the adjacent and contiguous land to the north. For reasonable analysis, I have analyzed this parcel with the across the fence method where the across the fence parent tract is the improved residential lot to the north. The highest and best use is assemblage to the adjoining property. This is the parcel relied upon for "as vacant" across the fence site size. The "across the fence" concept will be used for this analysis. According to The Dictionary of Real Estate Appraisal, Fifth Edition, by the American Institute, 2010, "across the fence" method is: "A land valuation method typically used to estimate the value of a real estate corridor. The across the fence method is used to develop a value opinion based on comparison to abutting land." The appraisal problem includes first determining the value of the parent tract using the across the fence methodology. A discount is applied to the concluded ATF value to account for the risk associated. Only a minor, temporary construction easement is being acquired along the actual parent tract's eastern boundary. No site improvements which contribute value are located within the part acquired. Therefore, no cure is applicable. The remainder as part of the whole is compared to the remainder uncured to determine if damages exist. The effect of the acquisition will be discussed in greater detail further herein. 17 936 Identification of Property 200 -IDENTIFICATION OF PROPERTY AND LEGAL DESCRIPTION The actual parent tract is located at the northwest comer of W. Gateway Boulevard and NW I It Street within the City of Boynton Beach. The site has not been assigned a street address. The actual parent tract is vacant residential land not suitable for development as a standalone parcel. For reasonable analysis, I have analyzed this parcel with the "across the fence" (ATF) method where the across the fence parent tract is the adjacent parcel to the north. 1' 1 he across the fence parent tract has an assigned street address of 2221 NW I" Street, Boynton Beach, FL 33435. The parent tract is located within Section 16, Township 45 South, Range 43 East, Palm Beach County. The acquired property is known as Parcel 701. Lengthy legal descriptions for both the parent tract and part acquired are included in the Addenda of this report. The sources of the legal descriptions are the client provided title work and acquisition exhibits. A location map is located on the following page. "atem ay B11W Gateway Blvd 13M I Boynlor. ;%i- 937 A N, Z Its E:, Gate,way Blv(j I Boynlor. ;%i- 937 Description of Area & Neighborhood 220 -DESCRIPTION OF AREA AND NEIGHBORHOOD Area Data — Palm Beach Count, 19 938 w.............................................___.1_______.______ .......... ,.,.... ,....,...... ....�,.,�...........�,..,,,,....�...�..,.,...,,..,........,...,,,,,,,,,,,,,,, Description of Area & Neighborhood Introduction Economic, governmental, environmental, and social forces directly affect a property's highest and best use and, thus, its value. To accurately reflect such influences, it is necessary to examine the past and probable future trends that may affect the economic structure of the market area and evaluate their impact on the market potential of the Subject. In our analysis, we have also included selected data on Broward and Miami -Dade Counties. These two counties along with Palm Beach County are defined as "South Florida". Geo rg aphy Palm Beach County is located on Florida's southeast coast 250+ miles south/southeast of Jacksonville and 50+ miles north of Miami. It is bounded by Martin County to the north, Broward County to the south, Hendry and Glades Counties and Lake Okeechobee to the west, and the Atlantic Ocean to the east. The county has 45+ linear miles of coastline, measured north to south, with a width of 53+-\ miles measured from east to west. It contains approximately 2,387 square miles of area, of which 1,974+\- square miles is land area, with the remaining 412+\- square miles being water area. The water area includes a portion of Lake Okeechobee, which is the largest freshwater lake inside the State. The county varies geographically, with beach resorts and urban areas along the Atlantic Coast, preservation areas, agricultural areas, and Lake Okeechobee to the west. Urban and suburban developments generally extend 6 to 15 miles inland. The average elevation is 15 feet above sea level and the terrain is sandy flatland with occasional, gently sloping, coastal ridges. The climate is subtropical with an average temperature of 75+\- Fahrenheit. Prevailing winds come from the east/southeast and the average yearly rainfall is 62+\- inches. The climate, known for mild winters due to its proximity to the warm Gulf Stream currents of the Atlantic Ocean, is a major factor contributing to the county's growth. Population Over the past two decades, virtually every economic sector in Palm Beach County has grown because of population increases. According to data from the U.S. Census Bureau, the county's 2000 population was 1,132,134, up roughly 31% from the 1990 population of 863,503. The data from 2021 shows a population of 1,497,987, which reflects about a 32.3% increase from the 2000 population. Over the long term, population will remain relatively stable and will continue to increase, as it remains a popular destination for all age groups. The following chart shows population changes for Palm Beach County and neighboring counties from 2010 to 2021. Palm Beach County is the third most populated county in Florida. ................................ .__......... CountN, 2010 Population 2021 Population Increase Broward 1,748,066 1,930,983 10.5% Palm _Beach 1,320,134 1,497,987 13.5% Miami -Dade 2,496,435 2,662,777 6.7% .............. 20 939 .�...,_......, �.._.�.... ..........._.... ._uw___....................._ Description of Area & Neighborhood Palm Beach County is composed of 38 municipalities, as well as unincorporated areas. The municipalities within Palm Beach County are listed below. Palm Beach Countv M City of Atlantis City of Belle Glade City of Boca Raton City of Boynton Beach Town of Briny Breezes Town of Cloud Lake City of Delray Beach Town of Glen Ridge Village of Golf City of Greenacres Town of Gulfstream Town of Haverhill Town of Highland Beach Town of Hypoluxo Town of Juno Beach Town of Jupiter Town of Jupiter Inlet Colony Town of Lake Clarke Shores Town of Lake Park City of Lake Worth Town of Lantana Town of Loxahatchee Groves Town of Manalapan Town of Mangonia Park Villaee of North Palm Beach List Town of Ocean Ridge City of Pahokee Town of Palm Beach City of Palm Beach Gardens Town of Palm Beach Shores Village of Palm Springs City of Riviera Beach Village of Royal Palm Beach City of South Bay Town of South Palm Beach Village ofTecluesta Village of Wellington City of West Palm Beach With little room for further growth, other than infill remaining along the coastal sections, significant westward growth has occurred over the last 15 to 20 years to the west in communities such as Wellington, Royal Palm Beach and the Acreage. The City of West Palm Beach is the county seat and the largest municipality with an estimated population of 117,286 as of 2021. The following table lists the county's largest municipalities, showing their current population, recent growth and location within the county: 21 940 -,........,_,.. ..,_,_.,.,_,. ..._.... ,._ ...,_,_,_..... _.,,,µ... ,w-. ..,.,__... . ............................... .,,,"..",__..............., .�_-... ............. —................. . Descriptlan of Area & Neighborhaod Municialitie.s. Population & Growth Population Total % Municit: ality Re :ion 2021 2010 Chanize Char Jupiter Northeast 60,802 55,156 5,646 10.2% Palm Beach Gardens Northeast 59,449 48,452 10,997 22.7% North Palm Beach Northeast 13,103 12,015 1,088 9.1% Riviera Beach Northeast 38,074 32,488 5,586 17.2% Palm Beach East-Central 9,251 8,348 903 10.8% West Palm Beach East-Central 117,286 99,191 18,095 18.2% Lake Worth East-Central 42,496 34,910 7,586 21.7% Royal Palm Beach Central 39,043 38,932 111 0.3% Loxahatchee Groves Central 3,695 3,180 515 16.2% Greenacres Central 43,813 37,573 6,240 16.6% Wellington Central 61,448 56,508 4,940 8.7% Boynton Beach Southeast 80,089 68,217 11,872 17.4% Delray Beach Southeast 66,573 60,522 6,051 10.0% Boca Raton Southeast 95,787 84,392 11,395 13.5% Belle Glade West 16,718 17,467 (749) -4.3% Historically, the fastest growing unincorporated areas have been in the region west of Boca Raton and west of Boynton Beach. The West Boca area is essentially built -out and has a population well in excess of 100,000. The West Boynton market had been the fastest growing area in the county during the latter part of the 1990s; however, it too is approaching build -out. As can be seen from the above data, the western communities of Royal Palm Beach and Wellington have been among the fastest growing municipalities over the last five years. Economy Palm Beach County's economy is driven by agriculture, tourism, manufacturing, construction, and the constant migration of retired persons into the county. As of May 2022, the unemployment rate in Palm Beach County was 2.4%, not seasonally adjusted. This is down from the August 2010 unemployment rate of 11.6% The unemployment rate recently spiked to 14.0% during April 2020, due to the Covid-19 pandemic. However, it has since normalized with the release of the vaccine. The trend in the unemployment rate in Palm Beach County is shown in the following chart. OAS 941 FREDD( gp� , Ullempl%meflt Rate in Palm Beath County. FL 150 Description of Area & Neighborhood 1592 IS4 191p5 1S95 AM M2 20,34 M 200 21112 2DI4 2016 20te 2020 2022 `A l r-,.. i �ac,,T; U oco�'smw, boarce, U. S Eiarei W ator &alislirs The following chart displays the trend in per capita personal income in Palm Beach County. FRED -,% fu +sir La; zuf . ... ...... II J 5 U,�3 C,&- ea.' V7_rw,,�( I The table below details per capita income for Palm Beach, Broward and Miami -Dade counties. The year 2010 is compared to the year 2020. Per Ca ita. Income 2010 2020 55,078 $87,47 41,156 $55,90 '38,349 $57,21, Source., U.S. Bureau of Economic Analysis. 23 942 Description of Area & Neighborhood It should also be noted that Palm Beach County is in the top five in per capita income in the State of Florida. The average per capita income in 2020 for all of Florida was $55,675. The Business Development Board (BDB) of Palm Beach County has successfully worked to attract new industries to Palm Beach County. Through its efforts, the Board of County Commissioners has approved a Job Growth Incentive Fund to support relocating and expanding companies. Since 1993, more than 225 company relocations and expansions assisted by the Business Development Board resulted in the creation of over 22,000 jobs and added in excess of $4 billion to the Palm Beach County economy. The charts below indicate the top employers in the goods producing and service producing industries in Palm Beach County from the Palm Beach County's Business Development Board from 2020 to 2021. 4 PRODLOC1111,�JlG Oa Xu,,adl, Cco"I'%, ,, 0+a.vt eea,,Ioo 0 H'. ?t,ul "l UM, poo" 1, 1.0 rn000nu eoflhow :,-,1)',o "Pludity Tool, -lopmA fiall"ll, '00"a"Oh Ula cownty hM1 do VaMaty, .9 To'co,how"') anr, vrfnraonon .d* domma nd'alwoo ro, 'at'a"l. 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OliesT MJimm O -eh ol (: 6 u r C4 - Q'i o o 11 l I, n SERVICE PROVIDING ln,,oth gonohft mirld po'd hil romi-s'd fio-H, &Ru11:1rXw1% I a0000u,b�g N ol'addaismill &,ncl 162 32,l Ill, $odnl 8-1140, C-ul1q, kholkauppt�, pin,oh"&1ol and hil 0-) -rodc" o-adomd'olqu,"cwraloo "I'mAll-mg of -inupolooliflooloo. Ao; fawrvd fin I-t0fil'o-11, a qh-oahO -noi- Thki,0o,,%1,,va ngu rmn,nwl la i-ev, 0,11oll 24,206 r 4o vynaio at,, no,,.,, Bun nu Hot an jt -t a fa,,, at 0 w dvla;- alo'nonlay'a"o,ol In 0 D11,111 O"ch CR,nt- 11"W" Io 1lay sd-'o Oht,,ki 7, umm Ed- afloo.--v VWI,�. 'Unlin Coamli:,M MvWon 11:10p4"i M', do Cwmoy 6,5DU Kq,8111111-111111 ::ctlrlu"Ouide PAW, oloaag oo, It - sty Plo-ol mf 81"', Cox, ioIl u, G ('11 , 111i w, F4111oloo h caoonqcconothinkmigo, No 0 ' 11 "t I oug'u" Ull i I n 11121:11 U .'4,.11 B9 rhe ". 11 -Huopan!v OV 04,111da V;iupwq,,lI' dl, II..MgM 1: fcMmddn Aflliulk: unhumi::Ay "l. M HHOlm Ecl,4=60,1, Do,: a, H con, Fum"', R.g1lu" A 11 Ern .,V W o o , , o i, h C,;:,:i , R.- Rava" oluabool-t Plami'Uh AdIrWalloal'.flaIll: 3,A' ao a g I'll,, 1: r, 1,16 10616161 IoWlln suo&,K 11 o "A u 6ai" 1306, H-11ol" C111f, C"I"laloi,,lm lha WO H"ll, MA", Bee 1, mon the,.da HcxplUid Laoit/ U& 0 1 oomil H-phadl uOu"'oot Z'282" ra,n,edftt0 C, U o.4+p nnrad U,.'l h rrv- 0041 C-penatl-i (Pldq%IO ,.,,"'all", a fl, I, " .l, of"'o" ., %,w,, 9:311Y r Ilmn: a qwo,r,o Io U'H cE <Aol oA- 0"0', WpobioorM-OcO Cant- 11,R01:1 i tlaaas rgn u,r w Wpfia, I ov? OliesT MJimm O -eh (: 6 u r C4 - Q'i o o 11 l I, n Ar "ll P�... C1,fush GAC SN - loll SahiU.- , USA (lo Ndqln 'o , C, S -o -l000 "-w-, kq,"., I ru;,�o�a vleato,, iiloji,,it r,�,kaca I cm, I I y VA, lo Yu Falgz Mu 4-i"pany I!: nen rylo,olI 4"Now"4y Vi"I'lol 1Mesdi, 5%Q% 11, C"Aleo'k b,B21. Hhooh", 1, " Vi," M, '"Irwoe.vi Rcg [oonO lWedlca4 C,,, nn-, I o 90 11 Y ,, 1 W, C I:, No, I � i, I ip , " ohnih o1ofJolowurduo I 1XIO lk"olkl"19 n"my 00000eVd. 5,l,o:,,,, vio", I,, uo,o:I,,"-'l""'-y hoOl M"i 943 Ot Description of Area & Neighborhood The trend in the annual average wage in Palm Beach County is shown in the following chart. Palm Beach County Annual Average Wage 2005-2020 YR 201US I'M AVG, 2'2 222;m YR AM VR MOR YR 2010 v'K 2013 2R 2012 A: 220 'VR 21014 'Ok 2015 YR 2016 YR 2011 Wk 2011 VO IM YR 2(9D "d4'.v i V."',U ' (!.n,'" irk i1 :.i.. Hous,in, The chart below illustrates new housing units authorized by building permits in Palm Beach County for the years 2005 to the third quarter of 2021. Palm Beach County experienced a slight rise in total building activity between 2001 and 2003, due to the significant increase in both multi -family and single-family units. As can be seen, the county experienced a gradual decline in total building activity from 2007 to 2011. There was a sharp decline starting in the first quarter of 2007 in both the single family and multiple -family units. Since 2011, total housing units generally have begun to rise. Housing has long been an important component of the Palm Beach County economy and is expected to remain generally stable to increasing in the near term. ........... Year wwwwwww �__.._. Single Family Units _..._,__.-,......_........_._._... Multiple Family Total Units ............. ..,_.... _....... ._... _......�............. 2006 ................................................ ........ . m,... _ - 4,426 ......... .,.._.,..,_ .,. w....._..w,_ .w.... -..w.._..........._........... 3,911 ..._..__............_.. ............ ,M._.._, ......M_..._. ..,.,................_ �...... 8,337 _...................Z�... 2007._ 2,033 _....��....�w�o.......,.�.1,202�..��....�.�.�.�.�.............�.�.... ... 905 �...-�o...�o�o�u_.....0 _._._.1,794_.._........w..__ 200.8 -w.M....._...�._... �.,. ... _.........._......._~_...... _ ...�_.. 592 .-._._._._._.-.ww ..w .-. .... _..._._._...__ ,,............ .................... ............ 2009 1,102 165 1,267 25 944 r-. - - - - - --- - - -------------- - ------------------- - - -------- . ............. ........ . .......... . ..... . ..... . ........ ....................................... . . Descriptlan of Area & Neighborhood 2010 1,248 258 1,506 2011 ...... ..... 1810 692 ........... . 2,502 2012 2,181 2,314 4,495 ........... 2013 . . . .... 2,756 2,554 5,310 - - - - - ----------- - . ..... . 2014 . ........... 4,049 ------ 3,213 . . ................... 7,262 2015 ............... 3,737 ............ . ........ 1,984 ...... 5,721 . .. ............ 2016 3,780 . .......... . ..... . . .. . . . ........... . 3,557 7,337 2017 ��..2,245 1,337 3,582 g----_._.�,.-- . ..... . . . ......................... 3,004 . 1,896 ...... . .......... 4,900 2019 .............. ...... . ..... 3,185 2,442 5,627 . . . ......... . ... . - 2020 3,920 2,846 6,766 2021 4,674 3,727 8,40.1. 40 1 Source: Reinhold P. Wolff Economic Research, Inc 4"' Quarter 2017 and Palm Beach County Business Development Board The following graph is produced by Florida Realtors and illustrates the trend in the median sale price for single family homes in Palm Beach County from 2010 to 2021. ---- -------- -- Palrn Beach County: Median Sale Price csrt IP ------ The above graph uses the data in the following chart. 26 945 Description of Area & Neighborhood Palm Beach Fashion Outlets A major project in the county is the 80 -acre property located at the northeast quadrant of Palm Beach Lakes Boulevard and 1-95. This site was formerly home to the Palm Beach Mall which at one time housed approximately 1,500,000 square feet of retail space and is now currently redeveloped with a new outlet mall. Upon foreclosure under Simon ownership, Orix seized ownership of the mall in December 2009 and in turn the mall was acquired by New England Development. New England Development transformed the Palm Beach Mall into the Palm Beach Fashion Outlets, which includes several high-end outlet stores and nearly 1,000,000 square feet. The fashion outlet center opened in February 2014. Seril)11s Rese4rchwInstitu1-1 te,,, In 2003, it was announced that the Scripps Research Institute (SRI) planned on developing a research and development facility in Palm Beach County. The site consists of 30 acres of land within FAU's Abacoa campus and 70 acres on the 682 -acre Briger parcel. FAU donated the 30 27 946 Description of Area F Neighborhood acres on their campus; along with the owner of the Briger tract donated 30 acres of their site; and the County purchased an additional 40 acres from the Briger tract for $16 million. The Town of Jupiter and the City of Palm Beach Gardens each offered $3 million. Jupiter agreed to help develop Phase I and Palm Beach Gardens agreed to help develop Phase 11. This portion of the site is currently undeveloped. The eastern portion of the Briger tract, is now known as the Alton tract. The latest planned housing would go on Alton's westernmost section, Parcel G. Of the 206 acres there, 9.6 are planned for community park land and about 88 acres will be lakes and natural preserves, including an archaeological site. A number of projects within the larger Alton tract are in various stages of construction and sellout including a 361 -unit multifamily project called Atlantico, in the tract's town center section, and another 360 -unit section of single- and multifamily homes. Biotec D1W10evelo„laments The Max Planck facility on the Florida Atlantic University campus will create 1,824 jobs and $2.4 billion in labor compensation over a 20 -year period and generate $5.3 billion in gross state product over the same period. The state funding comes as a match to nearly $93 million pledged by Palm Beach County to help Planck establish a research facility in Jupiter, where it will continue work on bio -imaging and high-resolution microscopy. The Munich -based society has more than 75 institutes and three additional research facilities worldwide employing more than 12,000 employees, and 10,000 junior scientists and guest scientists. It is one of the world's leading groups focusing on basic research. Additionally, Scripps has attracted a few smaller life science research facilities' such as: Oxbow and Sky Esi River, which are located in West Palm Beach. Each employ approximately 200 employees. Ariculture According to the United States Department of Agriculture's "2012 Census of Agriculture” (the most recent available, with the 2017 Census being reported in February 2019), Palm Beach County is the largest agricultural producing county in Florida, with approximately 25% of the county's total land mass in agricultural production. This is down about 2% from the "2007 Census of Agriculture" and reflects the residential and commercial growth in the western areas. Palm Beach County is also the 14th largest county in the nation in terms of value of its crops, representing $2+\- billion in economic impact to the county's economy and encompassing approximately 39% of the total land in the county, commercial agriculture is one of our major core industries and employer. Palm Beach County is the leading county in the United States in sugar production. Florida is the number one producer of bell peppers, cucumbers, eggplant, herbs and Chinese vegetables. Other W. 947 Description of Area & Neighborhood crops grown include tomatoes, squash, specialty peppers and beans. Lastly, the county ranks second in the nation for sweet corn production. Tourism In 1894, Henry Morrison Flagler extended his railroad to Palm Beach and opened the Royal Poinciana Hotel, beginning Palm Beach County's fame as a vacation area. Its balmy breezes, subtropical climate, and 45+\- miles of ocean beaches, pristine and unique native environment, the second largest freshwater lake in the nation (Lake Okeechobee), 160+\- golf courses, more than 1,100 tennis courts, over 30 marinas, and 230 hotels are only a portion of what Palm Beach County has to offer, making it one of the nation's top tourist destinations. Palm Beach County is internationally known as a golfing center and has been called the "Golf Capital of the World." The county has 164+/- golf courses, more than any other county in the United States. It houses the headquarters of the Professional Golfers' Association in Palm Beach Gardens and as noted earlier Golf Digest Magazine will also establish its national golf training headquarters at the Mirasol planned development. Four Major League Baseball (MLB) teams call Palm Beach County home during Spring Training. These teams are the Miami Marlins, St. Louis Cardinals, Houston Astros and Washington Nationals. In 2017, Palm Beach County delivered Florida its second two -team MLB Spring Training Complex with the development of Ballpark of the Palm Beaches. Located in West Palm Beach, the Ballpark of the Palm Beaches is the spring training home of the Houston Astros and Washington Nationals. The Palm Beaches represents Florida's only county that maintains two, two -team complexes. In total, four of the 15 MLB teams participating in Florida's Grapefruit League are playing baseball in The Palm Beaches. Palm Beach County is home to the Winter Equestrian Festival which is held in the western community of Wellington for 12 weeks each year. This festival has operated in Palm Beach County for nearly three decades. The Village of Wellington has numerous equestrian facilities, which include Palm Beach Polo, Palm Beach International Center and numerous other equestrian facilities, which collectively have 2,600 stalls. The equestrian industry has an estimated economic impact of $553 million dollars. The Palm Beach County Tourist Development Council promotes county tourism via a bed tax on hotel rooms. The Council reports revenue based on their fiscal year, which is October through September and these are the figures being reported. A comparison of bed taxes for the time period of 2016 ($47,118,186) to 2017 ($48,534,859) revealed a 3.01% increase in tax revenue. In 2018, bed tax revenue was $53,827,955 which is an increase of 10.91% from 2017. Bed tax revenue was $54,202,757 during 2019 which is a 0.70% increase from 2018. Bed tax revenue was $43,311,722 during 2020 which is a -20.09% decrease from 2019. Bed tax revenue was $51,004,689 during 2021 which is a 17.76% increase from 2020 and a -5.90% decrease from 2019. Revenue had been increasing since 2009, but the Covid-19 Pandemic adversely affected tourism more recently during 2020. However, the release of the vaccine and helped tourism rebound during 2021, c 948 �,- ............._.. _........_. ................._.�.___..__....-_.......... ...._.._._..._........�._� Description of Area & Neighborhood Transportation Major highways form a grid system across the developed eastern quarter of Palm Beach County. Florida's Turnpike, Interstate 95 (I-95), State Road A -1-A, U.S. Highway 441, and U.S. Highway 1 are the major north/south roads in the county, all providing access to locations beyond the local area. I-95 is the primary north/south thoroughfare through eastern Palm Beach County and extends its entire distance. Over the last few years, several widening projects have been completed over sections of I-95. Further, construction on various sections of I-95 is occurring and is expected to continue for the next 5 to 10 years. Florida's Turnpike runs parallel and to the west of I-95 and provides north/south access to points west of the immediate coastal areas. The Turnpike provides high-speed access to points between Wildwood and Homestead, with Palm Beach County interchanges in Jupiter, Palm Beach Gardens, the Beeline Highway, West Palm Beach, Southern Boulevard, Lake Worth, Boynton Beach, Delray Beach, and Boca Raton. A new interchange at Jog Road, West Palm Beach, is nearing completion. Numerous east/west roads connect the coastal area to the western portions of the county although currently there are no east/west limited access roads. This is expected to change within the next five to seven years. Southern Boulevard (State Road 80) is the primary traffic artery linking the coastal cities with the "Glades" area in western Palm Beach County and the west coast of Florida. It is primarily a four -lane thoroughfare that extends westerly from the Town of Palm Beach to the "Glades" area of western Palm Beach County. It has an interchange at 1-95. The $300 million expansion of Southern Boulevard from Interstate 95 to Forest Hill Boulevard was completed in the 3rd quarter of 2008. The Southern Boulevard project included five highway - style interchanges at Australian Avenue, Military Trail, Haverhill Road, Jog Road and State Road 7. Work on the county's first east -west expressway started in 2000 at Australian Avenue and took 8 years to complete. Rail freight traffic is handled by two systems, the Florida East Coast Railway and the CSX Railroad. Passenger service is available via Amtrak from Miami north to Orlando, Jacksonville, and the remainder of Amtrak's USA rail network. South Florida's commuter rail system, Tri -Rail, began service in January 1989. The system runs between West Palm Beach and northern Miami -Dade County, where commuters can connect to Miami -Dade County's Metrorail. Each county along the route provides free bus service between the fifteen stops and various employment and shopping districts. Tri -Rail was designed as an alternative to I-95 during its widening project and beyond. Brightline began its introductory service on January 81h, 2018. The initial service will run from West Palm Beach to Miami. The second phase of service will include service from South Florida to Orlando. Public bus transportation is operated by the county and recently expanded throughout the county with more routes and more frequent service. Public transportation has not caught on in south 30 949 Description of Area & Neighborhood Florida, as its buses and trains typically operate at less than capacity. This is changing however, as delays due to construction on I-95 appear and rising gas prices have had a major positive impact on public transportation. Tri -Rail services Palm Beach, Broward and Miami -Dade counties. Palm Beach International Airport (PBIA) serves the commercial aviation needs of the county and offers 17+1- different airlines, including commercial and charter. The airport revenue is self - generating and does not rely on county tax dollars. There are five smaller airports in the county located at Boca Raton, Lantana, North County (northwest of Palm Beach Gardens), Pahokee and Belle Glade. The North County facility was completed in 1994 to ease the small plane congestion at PBIA. Boca Raton was upgraded and expanded in the early 1990s and can handle large corporate jets. Total passenger volume of PBIA from 2019 to 2021 is shown in the following chart. Palm Beach Irl Airvort Total Passenaers 600,0W. ..... Ll MAR APR MAY JU14 SFP OCT F -C ........................... .. CS S d ,'� _728,M .. d 23 2 5� 54� 116,6031 133.7 A20A 7 .�.... 351,ap455572 482,,6ii 459,951 443,337 4 3m, SSS 3f�D �Q82� 72U�� d95 Sources Palm Searh IntematkinaJ lUrnarn. The Port of Palm Beach in Riviera Beach is the fourth busiest container port in Florida and is the main export point for sugar and other agricultural products. It is also home to Palm Beach County's foreign trade zone. The Port is a self-sufficient entity that has not had to rely on taxes. It is the number one exporter of raw sugar in the United States. In addition to cargo, the port is home to the Palm Beach Princess, which is a "cruise to nowhere" gambling ship. The Port of Palm Beach completed construction of its Skypass project, the elevating of U.S. Highway 1 over Port Road. This allows rail and truck traffic unrestricted access into the Port and links the Port's 65 -acre wharf area in the east with 100 acres of support industries in the west. The Port plans to increase dock space by adding an additional slip of 1,500 linear feet to handle vessel traffic. In addition, the Port's $40 million cruise terminal/marine office complex and parking garage was completed in early 2002. Services Medical facilities are adequate throughout the county, with special units at many hospitals. A number of hospitals have or are constructing satellite medical facilities in growing areas such as west Boynton Beach and the Acreage. 31 950 Description of Area £ Neighborhood Palm Beach Regional Hospital in Lake Worth and JFK Medical Center in Atlantis merged in 1995 and the former closed. Columbia Hospital in West Palm Beach and JFK Hospital have undergone and continue to undergo major expansions. Other major hospitals include Jupiter Medical Center, Palm Beach Gardens Medical Center, Boca Raton Community Hospital, Wellington Regional Medical Center, Palms West Hospital, also in Wellington, and the VA Hospital in Riviera Beach. The Palm Beach County school system provides public education through the 12th grade. Public junior college education is available at Palm Beach Community College, a two-year school located in Lake Worth with branch campuses in Palm Beach Gardens, Boca Raton, and Belle Glade. Bachelor's degrees and graduate studies are offered at Florida Atlantic University (FAU), Palm Beach Atlantic College, Lynn University, Northwood University and a branch of Barry University. FAU, the largest of these schools, is a state institution located in Boca Raton, with auxiliary campuses in northern Palm Beach, Broward and St. Lucie Counties. FAU has an honors college campus on a 135 -acre site in the Abacoa development in Jupiter. Conclusion Palm Beach County's population in the long term will continue to increase primarily due to the county's climate and the propensity of northerners to relocate in Florida. The previous economic slowdown negatively affected Palm Beach County in terms of new construction, local economic conditions, unemployment rate and tourism. However, the economy has rebounded, and positive growth is occurring. As the population grows, more supporting commercial, service and industrial development will be required. Continued growth, fueled by "in -migration," appears to be in Palm Beach County's future. Steadily growing demand combined with a finite supply of developable land creates a positive environment for real estate over the long term. In the short run, we expect continued growth. Palm Beach County's growth prospects are relatively stable over the long haul and the general atmosphere is one of optimism for Palm Beach County. 32 951 «d F ............. . ........... ,,-------- ---waaw— ..................................................................................,,,,:........... ..v«w«« ................ ,.,, ., Description of Area & Neighborhood Neighborhood Data The relationship of the Subject Property with surrounding properties forms the basis of neighborhood analysis. The Alwprasal of Real„Estate, 15th Edition on page 141 states: "The boundaries of market areas, neighborhoods, and districts identify the areas that influence a subject property's value. These boundaries may coincide with observable changes in land use or demographic characteristics. Physical features such as structure types, street patterns, terrain, vegetation, and lot sizes help to identify land use districts. Transportation arteries (highways, major streets, and railroads), bodies of water (rivers, lakes, and streams), and changing elevation (hills, mountains, cliffs, and valleys) can also be significant boundaries.” In the case of this appraisal assignment neighborhood boundaries are identified by the physical boundaries and surrounding land uses. NehborhoodBoundariesi _ Neighborhood boundaries, as shown on the map below are: North - Hypoluxo Road South - Boynton Beach Boulevard East - U.S. Highway 1 (Federal Highway) West - Military Trail ^ i% sar, Castle% ME14ypolw JR, E y cm,re. i 0e / , G .. wuww `wmmn 6meYCFBIW w 1J,/ nnmumprvanuwnvwvvarvxrmubwrvwuwwwmn uummummam Yuvuwwwmw0 rrr� (� d.1A'@ 33 952 .........................-...........,._...._........................_... ,�µ�..._._.._...__..�__..m Description of Area & Neighborhood Neighborhood„µCharacteristics The majority of the neighborhood comprises portions of the City of Boynton Beach. The northeast portion of the neighborhood contains areas of the Town of Hypoluxo, and various portions of the neighborhood contain pockets of areas of unincorporated Palm Beach County. Boynton Beach is the third most populated city in Palm Beach County. The neighborhood is south of Lantana, Lake Worth and West Palm Beach and north of Delray Beach and Boca Raton. It is located in southeast Palm Beach County and is about two miles west of the Atlantic Ocean. The neighborhood is urban in nature and virtually fully built out with a variety of uses including single-family residential, multi -family residential, commercial, industrial and institutional. It is part of the Miami metropolitan area, or the Tri -County Area, which includes Miami -Dade, Broward and Palm Beach counties. The Tri -County Area is the most populous in Florida and the second largest in the southeastern United States. Major Roadwa\ s/Transl2ortation/Utilities/Communi;tyS,ervices Major north -south roadways include Federal Highway (U.S. Highway 1), Interstate 95 (I-95), Congress Avenue and Military Trail. Both U.S. Highway 1 and 1-95 parallel the eastern seaboard of Florida. Congress Avenue provides access from Boca Raton to West Palm Beach. Military Trail provides access from Broward County to Jupiter. Major east -west roadways include Hypoluxo Road, Gateway Boulevard and Boynton Beach Boulevard. All of these roadways essentially travel the east -west extent of development in Boynton Beach from U.S. Highway 1 to Florida's Turnpike/State Road 7. Only Boynton Beach Boulevard has an interchange with Florida's Turnpike to the west of the neighborhood. The neighborhood has good linkage. It has three interchanges with 1-95 which are located at Hypoluxo Road, Gateway Boulevard and Boynton Beach Boulevard. I-95 contains ten lanes in the neighborhood and provides high-speed travel opportunities to Fort Lauderdale and Miami to the south and West Palm Beach to the north. Tri -Rail and Brightline also serve the neighborhood. They are commuter rail lines that also link the neighborhood to Fort Lauderdale and Miami to the south and West Palm Beach to the north. Tri -Rail has a Boynton Beach station at the northwest quadrant of Gateway Boulevard an I-95. The two closest causeways over the Intracoastal for access to the barrier island/beach areas for the neighborhood are Ocean Avenue (southeast of neighborhood), just southeast of Boynton Beach Boulevard, and Ocean Avenue (northeast of neighborhood), just southeast of Lantana Road. The closest inlet to the neighborhood is Boynton Inlet which lines up with the approximate latitude of Gateway Boulevard. Several public beach parks are located east of the neighborhood on the barrier island. The neighborhood has access to utilities including municipal water and sewer, electricity, gas and cable/internet. All municipal services, including police and fire protection, public library facilities, garbage and trash collection, are available to most properties within the neighborhood from either the City of Boynton Beach or Palm Beach County. Bethesda Memorial Hospital is located just south of the neighborhood on Seacrest Boulevard and provides medical services to the 34 953 .................. ....._..._-._...,......-,.....-1-....-__._.w..w................_.._..................._._._.,,...,,_.._...... .......... ..... ...... _........... _. ., ................. Description of Area & Neighborhood community. The neighborhood has excellent access to public elementary, junior high, and high schools in Boynton Beach, as well as a variety of private and church supported schools in the area. The neighborhood has adequate infrastructure, transportation and community services for the existing development. Deyelopment Trends Boynton Beach historically has been considered a retirement oriented community. However, the city has grown rapidly over the past several years, and the average age of the population has decreased. The City of Boynton Beach has experienced a population increase of 17.4% from 2010 to 2021. Growth and value appreciation have been occurring for both commercial and residential properties in the neighborhood. Development originated near U.S. Highway 1 and has been expanding westward towards Florida's Turnpike to the west of the neighborhood. Areas east of Interstate 95 and west of Federal Highway in the neighborhood are older and established properties. Newer development is located west of Interstate 95. Existing structures are being demolished where new development is occurring in the neighborhood. Like its sister cities of Delray Beach, West Palm Beach and Lake Worth, officials of Boynton Beach have realized that downtown Boynton Beach could be a major asset to the city and a redevelopment effort is underway. All the above cities have had government led redevelopment of their respective downtowns. As a result, property values increased in these areas. Boynton Beach seeks to mirror this success in their city. The City of Boynton Beach started its redevelopment plan of the downtown area with the Promenade Parke and the Marina Village mixed use project. These projects include a marina with boat slips, condominium apartments, street -level commercial and retail shops, a parking garage and boardwalks through the mangroves to the Intracoastal Waterway. Marina Village was completed in 2006 while another large-scale mixed-use project called Casa Costa was completed in 2008 at the northeast corner of East Boynton Beach Boulevard and North Federal Highway. This project added an additional 393 condominium apartment units and street -level retail space to the area. Construction was completed in 2017 on a new mixed-use project called 500 Ocean located on the southwest corner of Federal Highway and Ocean Avenue. This project includes 341 luxury rental apartments, 13,300 square feet of retail, 6,600 square feet of retail space and a 664 -space integrated parking garage. The City of Boynton Beach redevelopment agency's board agreed to provide funding of $4.4 million over a 10 -year period after project completion, using taxes created by the project. 35 954 DescripEian of Area & Neighborhood A new development known as The Pierce is planned in the southeast portion of the neighborhood at 115 North Federal Highway. It is an $80 -million redevelopment project that is planned for an eight -story building that will contain 236 apartment units (of which 118 units are set aside for workforce housing reserved for those making 60% to 120% of the area's median income). The project will also include 16,800 square feet of restaurant, office and retail space as well as a 600 -spot parking garage. The project will be located on 2.28 acres. Construction is planned to begin in 2023 and completion is projected for some time in 2024. 36 955 r � Description of Area & Neighborhood While much of the area east of I-95 is undergoing revitalization with government incentives, areas west of I-95 contain much of the neighborhod's retail/shopping areas with national retailers and big box developemnt. Shopping for the neighbrhood is concentrated on Congress Avenue in between Gateway Boulevard and Boynton Beach Boulevard. This area includes the 1,101,881 -square -foot Boynton Beach Mall which opened in 1985. Other commercial centers followed the mall and were developed nearby in the 1985 to 1990 range. Newer development includes Renaissance Commons which is located along this stretch of Congress Avenue. It is an 86 -acre mixed use development that was developed on the site of the old Motorola plant. Development of this project began in 2004. It contains a mix of several multi -story retail, apartment and condominium buildings. The commercial buildings were completed in the 2005 to 2008 range while the last of the apartment buildings were completed in 2014 and 2018. Boynton Town Center is just south of Renaissance Commons and was developed with retail uses in the 2007 to 2009 range. Cortina Apartments is located to the rear of Boynton Town Center and was developed with apartments from 2017 to 2020. Office and industrial development is located within Quantum Corporate Park on the north and south sides of Gateway Boulevard, west of I-95 and east of Congress Avenue. Industrial development is also located at the northwest quadrant of I-95 and Boynton Beach Boulevard and northwest quadrant of I-95 and Gateway Boulevard. Quantum Park Overlay Dependent District is a dependent district created by the City of Boynton by Ordinance No. 05-061 in October 2005. The District is within the City of Boynton Beach. The District consists of residential, commercial, natural and retail uses. The District is located just west of I-95 and is on either side of Gateway Boulevard. The total acreage of the District is approximately 600 acres. Land uses within this district are illustrated on the following map. 37 956 ... . ........... - ------- ........ . .............. . . . .. . .............. -------- Description of Area & Neighborhood ............... .. Quantum Corporate Park [ LBoynton Beach,, Florida O-P.O.D.D. g9flicai n c MAWV�MwDff Wj 40,k'Z B. qWV 'MMOMWOU., IWWX IY4?,M SIXOM FRO - - - ------- - T sou RMARV gal MA, dam Gal Gal 4�q " Land uses in the above overlay map are summarized in the following table. ME, 957 1--J 0—rr . ... . . ....... -- . ........ 111111111111111----- ...... . .. . ......... -- . .......... DescripHon of Area & NeIghborhaud Areas west of Congress Avenue to the western edge of the neighborhood at Military Trail are almost entirely developed with multi-farnily and single-family residential uses, and areas east of 1-95 to Federal Highway are also ahnost all entirely developed with multi-fiamily and single- family residential uses. Federal Highway contains a mix of commercial and multi-farnif I y uses. W 958 99 L-E-G_END COMM 13AaAGRE COMM COMMERCLAL IND 97. 18 ACRES ND INDUS'ffVAL G&I ea20 ACRES NDIR INDUSTRUkL wfiletag Bakes 0 0 12,96 ACRES 6IM2 ACRES GAI GCVF.RW r.T1rrALA?110fNfrffLM0NA1. Oc ISS7 ACRES 0 OFRCE 0:" 3.78 ACRES & 0 OFHCEAND $NDUSTROAL O� a WDIR 3zaACRES OFFICE, INDUSTRIAL AND OOM [WERICAAL MU I i 3A4 ACRES O�H OrnCE. INDUSTRML AND HOTEL WETLANDS 6.00 ACRES MU MD(M-USE ROADS 32" ACRES P/0 FARTOF SAND P _ PRESERVE INF 4CW0 ACRES OPEN SPACE, PARKS ' B7.97 ACRES 0� LAS40 IUSEAND LAKES. DETENM. N 0 LOT NUMBER TOTALACRES Areas west of Congress Avenue to the western edge of the neighborhood at Military Trail are almost entirely developed with multi-farnily and single-family residential uses, and areas east of 1-95 to Federal Highway are also ahnost all entirely developed with multi-fiamily and single- family residential uses. Federal Highway contains a mix of commercial and multi-farnif I y uses. W 958 W CODCIUSiOn Description of Area & Nelghbarhaad The neighborhood is an established area near commercial services, transportation routes, employment, schools, shopping, public services and recreation areas. It has good highway linkage with Interstate 95 for effective commuting between the Tri -County Area. The eastern portion of the neighborhood, east of 1-95, represents older and established properties. The City of Boynton Beach is attempting to redevelop and revitalize this area and several mixed-use projects have taken place and are planned in this portion of the neighborhood. Areas west of I- 95 in the neighborhood contain the main shopping district and newer development with a variety of uses. The neighborhood is the core area of Boynton Beach. The local and national economics recently briefly struggled, due to the outbreak of Covid-I 9, but the unemployment rate has recovered and has normalized to pre -pandemic levels. The neighborhood already has an established residential base that continues to increase. New commercial and residential development has been occurring in the neighborhood. It is in a centralized and densely populated area. Long term outlooks for the neighborhood remain positive. The ultimate performance of the neighborhood and its developmental uses will be dependent upon the continued growth of the national and local economies. We 959 Description of Property 230 -DESCRIPTION OF_PROPERTYPHOTOGRAPHS AND SKETCHES Property Type Actual Parent Tract: Vacant Residential Land ATF Parent Tract: Residential Lot Existing Use Actual Parent Tract: Vacant Residential Land Actual Parent Tract: Single Family Residence (Assumed Vacant Lot) LAND DESCRIPTION Area According to the FDOT right-of-way maps, the total actual parent tract site contains 796 square feet (0.018 acres). The total ATF parent tract site contains 7,797 square feet (0.179 acres). Shape Actual Parent Tract: Irregular ATF Parent Tract: Rectangular Site Dimensions See Parcel Sketch presented later herein. Ingress/Egress The actual parent tract has no developed access point nor is one physically possible. The across the fence parent tract has a single concrete driveway which is two -cars wide with a concrete apron on the west side of NW 1 st Street. NW 1 st Street is a paved residential roadway. Topography No topographical survey was provided. The actual parent tract is generally level and is slightly above the ATF parent tract and NW 1St Street but below W. Gateway Boulevard. The ATF parent tract is at the approximate grade of NW 1st Street and the actual parent tract. According to the National Wetlands Inventory, there are no wetlands on either site. The across the fence parent tract is assumed vacant, cleared land. The actual parent tract has some native vegetation present. Flood Plain Flood Zone "X" (Panel Numbers 12099C0787F) according to the FEMA website dated October 5, 2017. Flood Zone "X" indicates areas outside of 500 -year flood plains. Drainage Neither parent tract is not improved with any on-site drainage collection system. The sites appear adequately drained, and no drainage problems existed at the time of inspections. Soil Characteristics Soil conditions are adequate for vertical development based on existing surrounding development. The parent tracts have soil 41 960 rw5........................�................................... � � � �.�., CkJ .... ^mm^�M DescriptionM1M1M1M1of Property types that are typical of the area and suitable for vertical development. Soil types for the parent tract are St. Lucie -Paola - Urban land complext, 0 to 8 percent slopes. This is an excessively drained soil. Utilities On Site None on the actual parent tract. Electirc, telephone/cable/internet, municipal water and municipal sewer are present on the ATF parent Tract. Utilities Available Electirc, telephone/cable/internet, municipal water and municipal sewer. Site Improvements The across the fence methodology assumes the ATF parent tract to be vacant. No site improvements are located on the actual parent tract. Easements, Encroachments Or Restrictions According to the title work provided by FDOT, no easements, encroachments or restrictions adversely impact the development potential or marketability of the ATF parent tract. BUILDING IMPROVEMENTS No building improvements are located on the actual parent tract. The across the fence parent tract is an improved residential lot with building improvements, but it is analyzed as vacant for the purpose of reasonable comparison. EXHIBITS Exhibits are displayed on the following pages as follows: - Photos - Aerial and Plat - Parcel Sketch - Photo Angles 42 961 . ........................ . ....... ---- - ---------- --- - -- - - -------- --- ------ Property Photos PROPERTY PHOTOS 1. Street view north along NW 1 st Street. Photo taken 1/19/2023 by Curtis L. Phillips, MAI 2. Street view south along NW I st Street. Photo taken 1/19/2023 by Curtis L. Phillips, MAI 43 962 ; .................... ............. . ..... ------------ - ............. .._.._......... _.._........... Property Photos 3. Front v ie est orf° tlic aai�,d parera tract and the part acquired from NW Ist Street. Photo taken 1/19/2023 by Curtis L. Phillips, MAI 4. Front view north of the actual parent ti°act fwni W . Gatekv/ay Boulevard. Photo taken 1/19/2023 by Curtis L. Phillips, MAI 963 =Wvv�mrm 5. View north along the part acquired/actual parent tmct's eastern homldary Photo taken 1/19/2023 by Curtis L. Phillips, MAI 6. View south along the part acquired/actual parent tract's eastern boundary. Photo taken 1/19/2023 by Curtis L. Phillips, MAI 45 964 Property Phatns 7. Front view west of the across the fence parent tract l"rorn NW � st Street. Photo taken 1/19/2023 by Curtis L. Phillips, MAI MR 965 _._.....�...................................................................... ...w ,ww . .......... ..._ .... .,_ ..._.._....�_.,,,, �...,..,_,....,.,., , µ Aerial and Plat Exhibits AERIAL AND PLAT EXHIBITS W as m Across The Fence Parent Tract Recorded Plat Aeria/ and Plat Exhibits .• • 967 PARCEL SKETCHES - ACTUAL PARENT TRACT Parcel Sketch 968 PAW,XL 701 Aft -A 10"1 SP Parcel Sketch DETAR NOT TO SCALE -' 70, 50 4F L be CIEWTERUME Rsw� EAS"Mur p VIM pig PLAT WXW, PC7 PAGE FX .TTX ORB RE-CM0 bfxw AROk SUMMARY PAR 'r TRACT AREA 796 5f PAW,XL 701 Aft -A 10"1 SP Parcel Sketch DETAR NOT TO SCALE -' 70, 50 4F L 6 Ee— W, JJ o STA M R0jW JYU -0 AA7lWftF" MTERSTATH 95 wow= At= =MWW 4* PALM R54CW COUNTY COUN7Y I I xxv — 50 P"CFM Sim—TICH PAR CUL 701 M4 ;XYTn't Ilk 39 969 be w. 6 Ee— W, JJ o STA M R0jW JYU -0 AA7lWftF" MTERSTATH 95 wow= At= =MWW 4* PALM R54CW COUNTY COUN7Y I I xxv — 50 P"CFM Sim—TICH PAR CUL 701 M4 ;XYTn't Ilk 39 969 ins E meg" o SEE CNEVNI, 701111 6 Ee— W, JJ o STA M R0jW JYU -0 AA7lWftF" MTERSTATH 95 wow= At= =MWW 4* PALM R54CW COUNTY COUN7Y I I xxv — 50 P"CFM Sim—TICH PAR CUL 701 M4 ;XYTn't Ilk 39 969 IWARQ�- ...... -- - - ------ - SMAER ch"Ww" a cimt TV, O*x TRl-fftf*mc CIAfit'4 M CNAAMW In mdu� wx u FlIMMM IVA Fm I "XF ramr WOO NAW,04 Mft MASRAL P045 t iA t IV, Gl) 10 Aill SIA INROAD JVO� 9 95 ,S I IN.M.N.STAM , wo Pl.A.LM AFMCH' C-OUjVWYCYXbVT)p e2V!e,!T�ll Alt 51 la r.- Sketrfy ow � I )"m m tvw Ole N2 CWMT, I . ........ vpm,w1f P - 27t: ExIlrjymrz CY)MMIXXVIsr .1glylpru PARCM. Ml 970 49 h SIA INROAD JVO� 9 95 ,S I IN.M.N.STAM , wo Pl.A.LM AFMCH' C-OUjVWYCYXbVT)p e2V!e,!T�ll Alt 51 la r.- Sketrfy ow � I )"m m tvw Ole N2 CWMT, I . ........ vpm,w1f P - 27t: ExIlrjymrz CY)MMIXXVIsr .1glylpru PARCM. Ml 970 ` Photo Angles PHOTO ANGLES 52 971 ...... . ...... ........ .. 1-1-1-1-1-1-1- ............ . I .......... . . ............... Exi,stif ig 7 �,at�spi7rtationIZeninglAssessed Value 235-EXISTING'I'R.ANSPOIZI'AI'ION FACIM,n DESCIUPTION rhe SR 9/�-95interchanges at SR 804/Buynton lBeach Boulevard and Gateway SaWevard are the primaryfocus of th4s SOAR. SR 9/1-95 is a firnked access highvvay and a dieMgrrated SM faciftV that pimMdes regional cannPrAMIty abirwg east coast of Hoirida. The faxIsUng typiczl0 section cionsisus of four generall puirpose laines and one Hkglh Occupancy Vehicle (04OV) fan e in irrach travO drectkwiri (iirmirtfnbq.-,PurRd/soutlhtnor.,und). One auxklHary Wte is pirovidied Mong SR 9/1-95 in each travei directiori between the Gateway, Boulevard and SR 804/Boyinton Beach Boullevwd kiterchanges, Tw(.,h southbr.wnd auxilHairif Woes fin the southbound tiravel dkecftlon and one auxlfiarV lane 'cru the uriortlhlboarrmatt trave,4 dirf.-mbon are provided betweeirt SR 904/Boyniton Beach Boullevardand Woolbright Road interchaiinges. No m.affiary lora .s are present alaing SR 9/111-95 between Gateway Boulevard and HypcAuxo Road in ether the southbound or riorthlbound &rectlons. GP -..- generaft purpose., IH..N - Kgh CiccupancV %fehkk-,TWLTL -'F)oo, way Left Turn lanes The kwel of service (LOS) of the existing transportation facility of this pi-qJect is illwAuated in the following table. 53 972 Existing Transportation/ZaninglAssessed Value Existing traffic counts: The following annual average daily traffic (AADT) is taken from the FDOT interactive traffic count map. Gateway Blvd (East of 1-95 to Federal Highway): 26,500 AADT Gateway Blvd (West of 1-95 to High Ridge Rd): 39,500 AADT Gateway Blvd (West of I-95 to Quantum Blvd): 37,500 AADT Gateway Blvd and 1-95 Interchange (On/Off Ramps): 11,000 AADT to 13,500 AADT Interstate 95 (North of Gateway Blvd): 251,600 AADT Interstate 95 (South of Gateway Blvd): 227,000 AADT N. Seacrest Blvd at Gateway Blvd: 12,400 AADT High Ridge Rd (North of Gateway Blvd): 11,900 AADT FDOT is proposing roadway improvements at the I-95 and Gateway Boulevard interchange. Proposed improvements include widening the on ramps and off ramps at this interchange and widening Gateway Boulevard. Median and drainage improvements will also be constructed. 240 -ZONING & LAND USE PLAN Zoning Please reference the land planner report within the Addendum. The parent tracts have a zoning designation of R-1 (Single Family 7.5 du/acre) by the City of Boynton Beach. The purpose of the R-1 zoning district is to implement the low density residential (LDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage single-family dwellings and structures at densities no greater than seven and one-half (7.5) dwelling units per acre and allowing limited types of non-residential uses. 54 973 _.... .......... ...._.........._................................_.o.............................. uu ......... �.. _.._ Existing Transportation/Zoning/Assessed Value _.. ......e .. . .... .. .... ... .._... Minimumyard solb slim, . ..................... Front-, feat w.....w.......w.................o.o.o............... ............�....... . ..�...................... ...,...m... .............................m........................................... . . . . . ................. . . . . . nn.. ... '�� I ...� ....... ..m.......... -�..��. � ......- a sp ial rear yard atbac reduction for single -story bt�bding,l i9�tra4atn?8lr aa-------.�. .........w. ..................... -. .m50%���.����..��.��..���.�������������R gr�keaW ...... -, adtRing:Course:.,._..�......-.. .......... ................................� _. t���l� ........_ anals r firers � b'U2�i. ......... ttitig narrower than 1�� 50 .,_.,,,,, �$������� 1ft ffi'nq. erimeterwvaft of ray muunityth�rt„abut�ttu�r t'trart r 'idanQ1': AburpVnCP"Y'Mer6af�CArr Industrial I�........� MA «tautCirug: I"utNii% or privttta irk, . �wwwwww..�.,�.---_----. ....____....._w 0� ........ ......-mww... ......... irrotardar gide°7.5 feat. �-�----W otar s&da ffaal'.� Minirnum, living area: 1„200 a.f. I alt uea lot ooveragm axintonatofiure 1'1109' 30 %e1C t Thase SPOC40 fe ar yard 501baC a Carr rarwOani provisk)rs share not super�e pay wWa4.kj Owe are ireaw.dgil on a p4a, 2 On r inaar 100, 1haskJawback ad as rwd 10 20 as W ern be not 8656 Olaa (dd ) J fOlrrrrt �Yarrri srar XAA. Hoovevrrr. wam v orionirrtiun: of a rJrw rnr k9s vi tarrdr sum thxuqais pajowbde ry a q fcrr mt'grarr m nysm the cwwwr kot shag proWde for hart yanl srrrt*(w Warn, both mr rr m when rave r t l ren W! ymd Wbacks weprovI dw] a rn6r te a r fur y rand ru*rte* shS1 lMpOtWj, 4. Administrative Adjustments. a. For lots platted prior to August 19, 2001, the following administrative adjustments to the minOrnurn yard setbacks for first floor additions to existing residenfiall structures may be allowed: Front and side yard: 20% reduction Rear yard: 25% reduction These setbaclk reduction provisions shall not supersede any, setbacks that are recorded on a plat. b. An adrr Nstraai've adjustment may be granted if any first floor, addition followers the building line of a legally, nonconforming single-family structure, or a building line previously approved by a variance. The rear setback is 54 feet from the home to the current west property line and 58 feet from the home to the current location of the I-95 retaining wall. A rear setback of only 10 feet is required for the parent tract. The actual parent tract does not meet minimum lot requirements. The ATF parent tract appears legally conforming to the current code. Please refer to the planning report contained within the Addenda for additional information. Future Land Use The parent tracts have a future land use designation of Low Density Residential (LDR) 7.5 du/acre by the City of Boynton Beach. The zoning and future land use designations are consistent. 55 974 ..................................................-......._................... w...ww - ._._... .. .., .,. ......... . Existing Transportation/Zoning/Assessed Value 250 -ASSESSED VALUE TAXES AND SPECIAL ASSESSMENTS Palm Beach County Property Appraiser's Office 2022 assessments and taxes for the parent tract are as follows: ASSESSED VALUE AND TAXES Folio No. PA Size Building Land Imprv. Assessed Ad -Valorem Non Ad -Valorem Total (Acres) Size (Net St') ....._ww._._.w__..0.._.... Value _. Value Market Value Taxes Taxes w..�_...�.._....$0.00......�. Taxes' 08-43-45-16-01-022-0400--w0.0181 ....w ......... .......... ....... _ $5 ...... �o-......._..._....�._._...$.$............ $0.00 ...._w..._......w_... _.. .. ...._...... $0.00 Totals 0.0181 0$5 $0 $5 $0.00 $0.00 $0.00 Palm Beach County assesses the entire actual parent tract as a 0.0181 -acre parcel of municipal land. The total assessed value is $5. The property is not taxed. A review of tax collector records indicates that the ATF parent tract has typical assessments and property taxes. 260 -HISTORY OF PROPERTY According to the title search provided by FDOT, the actual parent tract is owned by City of Boynton Beach, a Florida municipal corporation. It appears to be remnant parcel remaining after a prior right-of-way acquisition. No sales of the parent tract have occurred within the prior five years. To my knowledge, the actual parent tract is not listed for sale, lease or under contract. 270 -EXPOSURE TIME I have provided an opinion of the exposure time. Exposure time is defined as an opinion of the length of time the property interest being appraised would have been offered on the market prior to the hypothetical sale at market value on the effective date of the appraisal; a retrospective opinion based upon an analysis of past events assuming a competitive and open market. To provide an opinion of a future value at the end of a marketing time starting at the appraisal date would be a prospective value as opposed to the current value opinion herein. It is my opinion that the exposure time of a vacant residential lot like the ATF parent tract would have been one to three months. The actual parent tract's Highest and Best Use is restricted to assemblage with the ATF parent tract and therefore a conclusion of exposure time is not applicable for the actual parent tract. 280 -PUBLIC AND PRIVATE RESTRICTIONS According to the title work provided by FDOT, no easements, encroachments or restrictions adversely impact the development potential or marketability of the actual parent tract. The only other known public restrictions associated with both the actual parent tract and across the fence parent tract are zoning and land use regulations. The actual parent tract is not a legally conforming lot of record. The ATF parent tract appears to meet all requirements for a legal residential lot. 56 975 ", M Highest and Best Use 300 -HIGHEST AND BEST USE ANALYSIS The D ctiof Real Estate Apl2rai,sal, Seventh Edition 2022, by the Appraisal Institute defines Highest and Best Use on pages 88 - 89 as follows: "The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity." 2. "The use of an asset that maximizes its potential and that is possible, legally permissible, and financially feasible. The highest and best use may be for continuation of an asset's existing use or for some alternative use. This is determined by the use that a market participant would have in mind for the asset when formulating the price that it would be willing to bid. (IVS)" 3. "The highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future. (Uniform Appraisal Standards for Federal Land Acquisitions)." 4. "[For fair value determination] The use of a nonfinancial asset by market participants that would maximize the value of the asset or the group of assets and liabilities (for example, a business) within which the asset would be used. (FASB Glossary) The highest and best use of a nonfinancial asset takes into account the use that is physically possible, legally permissible, and financially feasible. (FASB 820-10-35-1013). The highest and best use of a nonfinancial asset establishes the valuation premise used to measure the fair value of the asset, as follows: (a) The highest and best use of a nonfinancial asset might provide maximum value to market participants through its use in combination with other assets as a group (as installed or otherwise configured for use) or in combination with other assets and liabilities (for example, a business). (b) The highest and best use of the asset might provide maximum value to market participants on a standalone basis. (FASB)" Hihest and Best 'Use, Anal ssm As I Vacant Legally Permissible The actual parent tract has a zoning designation of R-1 (Single Family 7.5 du/acre) and a consistent future land use designation of Low Density Residential (LDR) 7.5 du/acre. These designations permit single-family residential development. Single-family residential development is legally permissible; however, the parent tract does not meet minimum lot requirements. If assembled with the neighboring lot to the north, it would meet all legal requirements for development. Physically Possible The actual parent tract of Parcel 701 is a narrow, irregular shaped parcel only containing 796 square feet (0.018 acres), according to FDOT right-of-way maps. As a standalone parcel, it is 57 976 Wo Highest and Best Use limited by its physical constraints. As such, its only development opportunity is with the adjacent land contiguous to the north. The only physically possible use of the actual parent tract is assemblage. For reasonable analysis, I have analyzed this parcel utilizing the across the fence method with the across the fence parent tract containing 0.179 acres (7,797 SF). If developed with the adjacent lands, the site could be developed with a single-family residential use. Financially Feasible As previously noted in the Area Data and Neighborhood Data sections of this report, market conditions have been improving for both commercial and residential properties. The population has increased, and the unemployment rate has decreased. The overall economy has improved, and this has positively affected the real estate market. The area surrounding the parent tract is densely populated, urban in nature and highly developed. Due to population growth and the built -out nature of the actual parent tract's neighborhood, a strong demand for housing exists. The parent tract is surrounded by single-family residential development and located on a residential roadway. Single-family residential development is financially feasible for the actual parent tract after assemblage. Maximally Productive The maximally productive use of the actual parent tract would be for assemblage to the neighboring residential development adhering to the legally and physically permissible uses under the across the fence methodology. 302 -HIGHEST AND BEST USE CONCLUSION Conclusion--.. As Vacant The highest and best use of the actual parent tract would be for assemblage to the neighboring residential development adhering to the legally and physically permissible uses under the across the fence methodology. Conclusion_.. As.-Iml1roved Not Applicable 977 Land Va/uativn 305 -APPROACHES TO VALUE USED AND EXCLUDED In providing an opinion of the market value of the real estate, three valuation procedures are available for utilization. They are the Cost, Sales Comparison, and Income Capitalization Approaches. As stated within the Scope of Work section of this report, only the Sales Comparison Approach is relied upon for the parent tract land value. 310 -LAND -VALUATION According to the 15th Edition of The Appraisal of Real Estate_ the valuation of land begins by identifying the real estate and property rights valued, any encumbrances, use restrictions, and the land's physical characteristics. An appraiser can use several techniques to obtain an indication of land value: • Sales Comparison • Extraction • Allocation • Land Residual • Ground Rent Capitalization • Subdivision Development The most reliable way to provide an opinion of land value is by Sales Comparison. When few sales are available, or when the value indications produced through Sales Comparison need additional support, alternative techniques like extraction or allocation may be applied. In the case of the parent tract, the only approach used was the Sales Comparison Approach as adequate sales exist in the market. The sales search included locating sales of similar vacant land within the market area occurring under similar market conditions. Sales were further refined by applicable characteristics such as location, access, site size, shape, topography, utilities, and zoning/land use. The best available sales of similar sites were located and are utilized to arrive at a land value for the parent tract. The sales are all located in appropriate proximity to the parent tract and represent competitive properties that would be considered by market participants in the valuation of the parent tract. All the sales are a good substitute or alternative property for the parent tract. I analyzed the parent tract based on a price per gross sale price, as this is the most recognized unit of comparison in this market. Sales data sheets with more details regarding each sale are in the addenda of this report. A synopsis of each sale is located below. 59 978 Discussion. Land. Sales Land Valuation Sale 33592/95 occurred on April 8, 2022 for $107,800 ($20.67/SF). It is a residential lot on a paved residential roadway. No improvements contributed to the sale price. It is located at 515 N W 12"' Avenue, Boynton Beach, FL. It contains 0.120 acres (5,216 SF), is clear of vegetation and has all utilities available to the site. Sale 33529/1339 occurred on April 6, 2022 for $128,700 ($11.76/SF). It is a residential lot on a paved residential roadway. No improvements contributed to the sale price. It is located at 502 NW IP Avenue, Boynton Beach, FL. It contains 0,251 acres (10,944 SF), is clear of vegetation and has all utilities available to the site. Sale 33199/80 occurred on December 16, 2021 for $100,000 ($16.67/SF). It is a residential lot on a paved residential roadway. Fencing improvements contributed to the sale price. It is located at 1192 Highview Road, Boynton Beach, FL. It contains 0.138 acres (6,000 SF), is clear of vegetation and has all utilities available to the site. Sale 33138/24 occurred on November 29, 2021 for $90,000 ($15.00/SF). It is a residential lot on a paved residential roadway. No improvements contributed to the sale price. It is located at 1185 Highview Road, Boynton Beach, FL. It contains 0.138 acres (6,000 SF), is clear of vegetation and has all utilities available to the site. 19 - re, 979 LAND SALES MAP J Iy'70PUx0Rd AN i Sancastle � s u r r r r j � n a io� // it %/r/ r _pxsw cur91 Land Valuation IN Additional maps depicting more detail are contained in the Addenda of this report. 61 980 ii Land Valuation LAND ADJUSTMENT GRID . . ��.,� w�w�... _..........-.. "U TLV �5 `AREN -, ....... u�.701 � ._.............�o..- �a..-..,,., ...w-- ww.www- ...aaw SALE # 1 2 3 4 OR BOOK/PAGE 33592/95 33529/1339 33199/80 33138/24 DATE OF SALENALUE 111...&JII'a -23 08 -Apr -22 06 -Apr -22 16 -Dec -21 29 -Nov -21 PROPERTY RIGHTS Fee Simple Fee Simple Fee Simple Fee Simple FINANCING Cash Equivalent Cash Equivalent Cash Equivalent Cash Equivalent COND. OF SALEArm's .... ..,�,., Length ....- Arm's Length ....,..., .�. Arm's Length -,:.,...,,.. ... Arm's Length —. ,,., .. SALE 1 � $�07,$A� $128 700 $1 }0,000 $90,0 0 � tR /S 8 0 $20,67 S1 116 t o00 TIME INTERNVAL (YRS) 0.78 0.79 1.09 1.14 MRK COND. ADJ. 8.00116 6.00% 6.00% 9.00% 10.00% CONTR. VALUE IMPS. $0 $0 -$1,000 $0 OTHER ADJUSTMENTS $0 $0 $0 $0 tl L r I'Itfi E urowxnnwrFF �Nx $1,14,268 $1 6 t422 �"N"" $1108 O00 fl 0 ,yyw, PRISE/$ � ,_22711_ _ X21 1 ;,, 911.7 ,�M $1 0 $1+4,b LOCATION 1 1's 515 NW 12th- 502NW 13th 1192 Highview 1185 Highview Street, 11o7ntoiiii Avenue, Boynton Avenue, Boynton Road, Boynton '' Road, Boynton Beach Beach Beach Beach Beach Similar Similar Similar Similar 0% 1 0% 0% 0% ACCESS ,8v e ni age Average Average Average Average Similar Similar Similar Similar 0% 0% 0% 0% GROSS SITE SIZE (AC) fl Ji 79 0.120 0.251 0.138 0.138 GROSS SITE SIZE (SF) 7,797 5,216 10,944 6,000 6,000 Inferior Superior p Inferior Rderi o r 10% -10% 10% 10% SHAPE Rectanguiar Rectangular Rectangular Rectangular Rectangular Similar Similar Similar Similar 0% 0% 0% 0% TOPOGRAPHY CMlle ar & Level Cleared & Level Cleared & Level Cleared & Level I Cleared & Level Similar Similar Similar Similar 0% 0% 0% 0% UTILITIES All Av allable All Available All Available All Available All Available Similar Similar Similar Similar 0% 0% 0% 0% ZONING FLU RULDH R2/MDR R2/MDR RM/IIR.-8 RM/HR-8 Similar Similar Similar Similar 0% 0% 0% 0% ,, //., ... r,- i ri ..� /,,,,,, ,,, ;,,, %i ,,: �� ✓/ /, ,,.-,.r i, / ri '"'..,, iii. / ,.,, / ri/ilii %.... ���/%%/ """ „✓, l r" / ; °7"" ..,.jj'^,^?., ,,,, ,,, � / ,,,,, / ,, ,✓, %%%/ 62 981 Land Valuation ANALYSIS OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS I have analyzed the sales, shown in summary form, on the chart on the previous page to provide an opinion of the land value of the ATF parent tract. These comparables were considered the best indicators of value for the ATF parent tract. These sales were all typically motivated transactions with fee simp title transfers. Prgpeo y i,-°htsConveyed „„ All the sales in this analysis were transferred on a fee simple estate basis, with the buyers receiving full property rights ownership. I was also unaware of any adverse deed restrictions or any other property rights limitations which would have affected the sales. Therefore, no adjustment was considered necessary for property rights conveyed. Terms of Financing!_(Cash Equivalency„), The transaction price of one property may differ from that of a similar property due to atypical financing arrangements. Within the confirmation process, detailed attention was made to ensure the conditions of each sale. No adjustments were required to the sales for this factor. Conditions of Sale Adjustments for conditions of sale usually reflect the motivations of the buyer and seller at the time of conveyance. Within the confirmation process, detailed attention was made to ensure the conditions of each sale. All sales were arm's length transactions. No adjustment is necessary. Time or ChanPes in Market Conditions Market conditions generally change over time and may be caused by inflation, deflation, fluctuations in supply and demand, or other factors. As discussed in Section 220 -Description of Area and Neighborhood, the neighborhood, along with the larger market area, is experiencing growth and value appreciation. The sales occurred from April 2022 to November 2021. Sales that occurred more than three months (90 days) from the date of value are considered to have occurred during inferior market conditions and require upward adjustment. The annual market conditions adjustment was concluded at 8.00%, based on data presented in Section 220. This percentage adjustment is applied to the time interval difference and then rounded. All sales occurred during inferior market conditions and are adjusted upward accordingly. Con„tributon , Value of Iml?royements/Other„Adjustments The contributory value of any site improvements or any additional sale conditions which affected the sale price must be considered. Sale 3 included perimeter fencing that contributed $1,000 to the sale price. As such, Sale 3 is adjusted downward -$1,000 for this superior feature. The remaining sales did not require adjustment for this factor. 63 982 Location Land Valuation The ATF parent tract and all sales have a similar location. No adjustment is warranted for location. Access The ATF parent tract and all sales have similar paved road access along residential roadways. No adjustment is required for this factor. Site Size The sales range in size from 5,216 square feet to 10,944 square feet. The ATF parent tract contains 7,797 square feet. The sales bracket the size of the parent tract well. Since the ATF parent tract is analyzed on a gross sale price basis, downward adjustments are required for larger sites and upward adjustments are required for smaller sites. A pairing of sales herein supports a range of adjustment. Using this information, I have determined a reasonable adjustment for size. Sales 1, 3 and 4 are smaller in size when compared to the ATF parent tract and are adjusted upward 10%. Sale 2 is larger in size when compared to the ATF parent tract and is adjusted downward 10%. Shape The ATF parent tract nor the sales are adversely affected by shape, so no adjustment is required for this factor. Topography The ATF parent tract and all sales are level sites with no wetlands and clear of vegetation. All sales have similar topography as the ATF parent tract and are not adjusted. Utilities The ATF parent tract and all sales have municipal water and sewer available to the site. All sales have similar utilities available as the ATF parent tract and no adjustment is required. Zoning / Future Land Use The ATF parent tract and all sales have similar zoning and future land use designations that would allow residential development. No adjustment is warranted for this factor. MI 983 Conclusion — Land ValueAnaIN sis Land Valuation The comparable sales were considered the best available within the market. After adjustment, the sales range from $108,900 to $125,695 with a mean indication of $119,044 and a median indication of $120,790. I have placed equal weight on all the sales analyzed with the value concluded toward the adjusted mean and median. Based on the previously analyzed data, I have concluded a land value of $120,000 for the ATF parent tract. This equals $15.39 per square foot. $120,000 Discount/Risk I have concluded the ATF parent tract to have a Market Value of $120,000. This equates to a price per square foot value of $15.39. The ATF methodology is appropriate for property with a highest and best use of assemblage similar to the parent tract. However, the only property adjacent to the actual parent tract to which the actual parent tract could assemble to the residential lot to the north (the ATF parent tract). This single property owner, or market participant, is relied upon to purchase the parent tract and there is a substantial risk that this one property owner may not want the parent tract, or at least may not be willing to pay full value for it. Due to the limited number of purchasers and risk associated with assemblage, a 75% discount is applied to the price per square foot indication of $15.39. Therefore, I have concluded to appropriate Land Value Unit indication to be $3.85 per square foot. This is calculated below: $15.39 Per SF X 25% $3.85 Per SF Due to "across the fence" methodology, the actual parent tract is analyzed as if vacant. The concluded Market Value of the actual parent tract is allocated as follows: Before Allocation - Parent Tract ....._.. ............ Land $3,100 Improvements $0 Total $3,100 65 984 Reconcf/iafivn 390 -RECONCILIATION OF VALUE INDICATIONS AND FINAL VALUE ESTIMATE The value indication by the applicable approaches as of the date of the appraisal are as follows: LAND VALUE ANALYSIS COST APPROACH SALES COMPARISON APPROACH INCOME APPROACH $3,100 N/A N/A N/A Based on the available market data and the resulting analysis, it is my opinion that the market value of the actual parent tract as of the appraisal date is: VALUE OF THE ATF WHOLE/BEFORE PROPERTY $3,100 395 -ALLOCATION OF LAND BUILDINGS, MMSTRUCTURESM AND OTHER IMPROVEMENTS Before Allocation - Parent Tract Land Improvements Total $3,100 $0 $3,100 985 Description 6 Valuation oP Part Acquired 470 -DESCRIPTION OF TEMPORARY EASEMENT ACQUIRED According to the client provided right-of-way maps, Florida Department of Transportation (FDOT) proposes roadway improvements at the intersection of E. Gateway Boulevard and Interstate 95. Proposed improvements include widening the on -ramps and off -ramps at this interchange and widening Gateway Boulevard to the west and transition widening to Seacrest Boulevard. Median and drainage improvements will also be constructed. The temporary construction easement (TCE) acquisition is known as Parcel 701. Parcel 701 is a TCE that is being acquired for the purpose of tying in and harmonizing said property and the walkways, etc. to the roadway improvements, together with the right of access, ingress and egress, and along with any other incidences necessary or convenient in connection with the construction to be undertaken by the Department. Parcel 701 contains 105 square feet (0.002 acres) and is a generally rectangular strip acquisition at the eastern boundary of the parent tract along its NW lst Street frontage. The site is level with native vegetation present. Access is unaffected by the TCE. No site improvements exist. The acquisition is only temporary, so the actual parent tract and the remainder sizes are the same. A synopsis of the land area breakdown of the parent tract, part acquired, and remainder is as follows: PARENT TRACT (Actual) PARCEL 701 TOTAL REMAINDER (Actual) 796 Square Feet (0.018 Acres) 105 Square Feet (0.002 Acres) 796 Square Feet (0.018 Acres) A parcel sketch was provided in Section 230, Description of Property, Photographs, and Sketches. Please reference the parcel sketch by Sexton Engineering provided earlier herein for complete dimensions of the part acquired. A complete legal description for the part acquired is contained in the Addenda of this report. The temporary construction easement has a length of 102 months as its defined expiration date is last day of July 31, 2031 with the date of value being January 19, 2023, so the start date of the TCE is February 1, 2023. It should be noted that the TCE commencement date is for reasonable analysis. The actual lease term will commence upon acquisition by FDOT. Description & Valuation of Part Acquired 490—VALUATION OF TEMPORARY EASEMENT ACfUIREIh To conclude the value contribution of the above-mentioned temporary construction easement, a search was made for comparable ground leases. I have researched commercial land capitalization rates to calculate a lease rate for the TCE. I have analyzed several ground leases for commercial properties. These ground leases were for triple net leased long term good quality tenants. The capitalization rates ranged from 4.50% to 6.50% with a mean of 5.25%. Following is a chart illustrating land capitalization rates for ground leases. Locatron Name. ale Date Sale Pttce Ca Rate ..... .... Tem Term Remaining _........................... _.-__ 4495 US Hwy 1, Vero Beach, FL __ _ _ Wawa 13/15/2021 $4,222,222 4.50% 20 yrs + Options 9200 Turkey Lake Rd, Orlando, FL 7 -Eleven 2/16/2021 $2,744,400 4.55% 10 yrs + Options 14011 Walsingham Rd, Largo, FL Take 5 Oil Change 12/21/2020 $1,390,000 6.37% 13 yrs + Options 1525 US Hwy 19, Holiday, FL Take 5 Oil Change 11/18/2020 $1,297,900 6.50% 11 yrs + Options 1602 E. Brandon Blvd, Vahhico, FL Valvoline Ott Change 9/21/2020 $1,450,000 5.88% 12 yrs + Options X10 North Hopkins Ave, Titusville, FL Cumberland Farms 3/14/2019 $2,822,500 4.78% 20 yrs + Options 1 2186 Bloomingdale Ave, Valrico, FL Auto Zone 1/28/2019 $1,185,000 5.49% 15 yrs + Options 260 NE Prima Vista Blvd, Port St. Lucie, FL Wawa 12/27018 $4,000,000 4.75% 20 yrs + Options 3333 W. Hillsboro Blvd, Deerfield Beach, FL IPDQ 12/19/2018 1 $3,625,000 5.10% 20 yrs + Options 12350 Cortez Blvd, Brooksville, FL Long Horn 11/16/2018 $2,550,000 5.10% 10 yrs + Options 925 S. Orlando Ave, Winter Park, FL PDQ 7/25/2018 $3,430,000 5.25% 15 yrs + Options 12280 Cortez Blvd, Brooksville, FL Cheddar's 6/8/2018 $2,562,500 5.07% 10 yrs + Options 5035 5.Orant:e Blossom Trail, Kissimmee, FL ..........w.vwv... .. _ �.......___. ____ .. Wawa _..,�..... .._...w._...w...w......... 4/19/2018 ...... $3,469,388 _._. 4.90% ___.._........... 16 a ces + O.tions __. ._................1................. Valuation of Easement . Parce1701 The valuation of the land involved in the temporary easement area is performed similarly to the valuation of the parent tract. As discussed, analysis of land sales concluded a land value for the parent tract of $3.85 per square foot. The site size is 105 square feet. The fee simple value of Parcel 701 is calculated as follows: 105 SF x $3.85 / SF — $404.25 The easement is not considered to eliminate the full bundle of rights that the property owner has to the easement area. The easement area is temporary and is to be utilized for construction purposes. I have analyzed several land leases from 4.50% to 6.50% of land value. Therefore, it is my opinion that 5.00% of the fee simple value is an appropriate percentage for the easement area per year. This results in an annual lease payment for the temporary construction easement. Fee Simple Value: $404.25 x 5.00% = $20.21 Annually $20.21 / 12 Months = $1.68 Monthly 987 r i Description & Valuation of Part Acquired Inflation Rate: From 2012 to 2022 year to date, the inflation rate has ranged from 0.7% to 8.2%, with a mean of approximately 2.70%. The highest inflation rates of 7.0% and 8.2% are from the last two years. As such, the WE lease payments are adjusted upward 5.00% for inflation each year after the first year. Monthly payments made within the first 12 months are not inflated. The CPI trend is shown in the following chart. 11 Discount Rate: Cour., United StatesAvintial Inflation Rates (2012 to 2022) 2,312 2114 2016 2218 2020 2022 2113 2015 2017' '2019 2021 If a lump sum payment for the 102 -month term is received in advance, typically a discount for the time value of money is warranted. As of the date of this report, the U.S. Prime Rate is 7.50%. The five-year treasury rate is 3.60%, and the ten-year treasury rate is 3.498%. If a built-up method is utilized, another 3.00% would typically be included for liquidity, risk, and management. I have used concluded a discount rate of 8.00% in this analysis. The total cash flow of the TCE with inflation and no discount is $207.12. After the discount rate is applied, the present value of the TCE for Parcel 701 is $147.61. This is rounded to $200. The calculation of the market value of Parcel 701 is shown in the chart on the following pages. we, 988 i Assumptions: Present Value of TCE Pavments - MonthIN, E!-Ments Date of Value January 19, 2023 Start Term, Say February 1, 2023 TCE Expiration July 31, 2031 Days of TCE Lease 3,102 Months ofTCE Lease 102.00 Years of TCE Lease 8.50 Parcel 701 Land Value $/SF $3.85 TCE SF 105 Fee Simple Part Acquired $404.25 Land Capitalization Rate 5.00% Annual Land Lease Rate $20.21 Monthly Land Lease Rate $1.68 Inflation Rate 5.00% Discount Rate 8.00% Payments per Year 12 70 989 Description & Valuation of Part Acquired 71 990 Monthly P.V. Present Month Land Rent Factor Value Feb -23 $1.68 1.0000 $1.68 Mar -23 $1.68 0.9934 $1.68 Apr -23 $1.68 0.9868 $1.68 May -23 $1.68 0.9803 $1.68 Jun -23 $1.68 0.9738 $1.68 Jul -23 $1.68 0.9673 $1.63 Aug -23 $1.68 0.9609 $1.61 Sep -23 $1.68 0.9546 $1.60 Oct -23 $1.68 0.9482 $1.59 Nov -23 $1.68 0.9420 $1.58 Dec -23 $1.68 0.9357 $1.57 Jan -24 $1.68 0.9295 $1.56 Feb -24 $1.76 0.9234 $1.63 Mar -24 $1.76 0.9172 $1.61 Apr -24 $1.76 0.91 12 $1.60 May -24 $1.76 0.9051 $1.59 Jun -24 $1.76 0.8991 $1.58 Jul -24 $1.76 0.8932 $1.57 Aug -24 $1.76 0.8873 $1.56 Sep -24 $1.76 0.8814 $1.55 Oct -24 $1.76 0.8756 $1.54 Nov -24 $1.76 0.8698 $1.53 Dec -24 $1.76 0.8640 $1.52 Jan -25 $1.76 0.8583 $1.51 Feb -25 $1.85 0.8526 $1.58 Mar -25 $1.85 0.8470 $1.57 Apr -25 $1.85 0.8413 $1.56 May -25 $1.85 0.8358 $1.55 Jun -25 $1.85 0.8302 $1.54 Jul -25 $1.85 0.8247 $1.53 Aug -25 $1.85 0.8193 $1.52 Sep -25 $1.85 0.8138 $1.51 Oct -25 $1.85 0.8085 $1.50 Nov -25 $1.85 0.8031 $1.49 Dec -25 $1.85 0.7978 $1.48 Jan -26 $1.85 0.7925 $1.47 Feb -26 $1.94 0.7873 $1.53 Mar -26 $1.94 0.7820 $1.52 Apr -26 $1.94 0.7769 $1.51 May -26 $1.94 0.7717 $1.50 Jun -26 $1.94 0.7666 $1.49 Jul -26 $1.94 0.7615 $1.48 Aug -26 $1.94 0.7565 $1.47 Sep -26 $1.94 0.7515 $1.46 Oct -26 $1.94 0.7465 $1.45 Nov -26 $1.94 0.7416 $1.44 Dec -26 $1.94 0.7366 $1.43 Jan -27 $1.94 0.7318 $1.42 71 990 . ... . ....... .............. .. ....... . Description & Valuation of Part Acquired Feb -27 $2.04 0-7269 $1.48 Mar -27 $2.04 0.7221 $1.47 Apr -27 $2.04 0.7173 $1.46 May -27 $2.04 0.7126 $1.45 Jun -27 $2-04 0-7079 $1.44 Jul -27 $2.04 0.7032 $1-43 Aug -27 $2.04 0.6985 $1.42 Sep -27 $2.04 0.6939 $1.42 Oct -27 $2.04 0.6893 $1.41 Nov -27 $2.04 0.6847 $1.40 -Dec-27 $2-04 0.6802 $1.39 Jan -28 $2-04 0.6757 $1.38 Feb -28 $2.14 0.6712 $1.44 Mar -28 $2.14 0.6668 $1.43 Apr -28 $2.14 0.6623 $1-42 May -28 $2.14 0.6580 $1.41 Jun -28 $2.14 0.6536 $1.40 Rd -28 $2.14 0.6493 $1.39 Aug -28 $2.14 0.6450 $1.38 Sep -28 $2.14 0.6407 $1.37 Oct -28 $2.14 0.6365 $1.36 Nov -28 $2.14 0.6322 $1.35 Dec -28 $2.14 0.6281 $1.34 Jan -29 $2-14 0.6239 $1.34 Feb -29 $2-25 0.6198 $1.39 Mar -29 $2.25 0.6157 $1.39 Apr -29 $2.25 0.6116 $1.38 May -29 $2.25 0.6075 $1.37 Jun -29 $2.25 0.6035 $1.36 Jul -29 $2.25 0.5995 $1.35 Aug -29 $2.25 0.5955 $1.34 Sep -29 $2.25 0.5916 $1.33 Oct -29 $2.25 0.5877 $1-32 -Nov-29 $2.25 0.5838 $1.31 Dec -29 $2.25 0.5799 $1.30 Jan -30 $2.25 0.5761 $1.30 Feb -30 $2.36 0.5723 $1.35 Mar -30 $2.36 0.5685 $1.34 Apr -30 $2.36 0.5647 $1.33 May -30 $2.36 0.5610 $1.32 Jan -30 $2.36 0.5573 $1.32 Rd -30 $2.36 0.5536 $1.31 Aug -30 $2.36 0.5499 $1.30 Sep -30 $2.36 0.5463 $1.29 Oct -30 $2.36 0.5426 $1.28 Nov -30 $2.36 0.5391 $1.27 Dec -30 $2.36 0-5355 $1.26 Jan -31 $2.36 0.5319 $1.26 Feb -31 $2-48 0.5284 $1-31 Mar -31 $2.48 0.5249 $1.30 Apr -31 $2.48 0.5214 $1-29 May -31 $2.48 0.5180 $1.28 Rin -31 $2.48 0.5146 $1.28 Jed -31 $2.48 0.5111 $1.27 ,Totals $207-12 $147.61 Total Present Value of TCF- Rounded Up, $200 72 991 ............... .. ._ ,,, .,. ... .,...................._........ . _......... .�.�._.. �......... a �..._........ Description G Valuation of Part Acquired jrnprovement Valuation No site improvements are part of this assignment. Parcel 701 is allocated as follows: Parcel 701 Allocation Land $200 Improvements $0 Total $200 73 992 Remainder as Part of the Whole 500 — VALUATION OF THE REMAINDER AS PART OF THE WHOLE Remainder As Before Tract - Part Aciuired = Part of Whole $3,100 $200 $2,900 74 993 Remainder Uncured 640U -PURPOSE OF APPRAISAL OF REMAINDER UNCURED AFTER THE ACUISITION .��..�....� Independent appraisals of the remainder uncured and cured generally are not required when the cost to cure represents a minor expenditure to assure continued operation or use of the remainder. I have determined the value of the remainder uncured under the hypothetical condition that the transportation facility has been completed according to the construction plans and that said facility is open for public use. It is pointed out that the market value of the parent tract before the acquisition has been concluded, and then the value of the part acquired has been subtracted. This results in the value of the remainder as part of the whole. The purpose of the appraisal of the remainder uncured is to provide an opinion of the market value to discover if there are any damages or special benefits by the acquisition. 680U -APPRAISAL PROBLEM FOR REMAINDER UNCURED The purpose of the appraisal is to provide an opinion of the market value of the remainder uncured. This is done by appraising the remainder uncured and comparing this after value opinion with the value of the remainder as part of the before tract to determine if there are any reduction (damages) or enhancements (special benefits) as a result of the acquisition. The appraisal of the after property must be made presuming the transportation facility has been completed according to construction plans and is open for public use. In the remainder situation, the appraisal problem is the same as the before, utilizing similar valuation methods and sales. The remainder uncured is appraised as a marketable entity without regard to the whole property or the acquisition. The reader is referenced to those sections of the report for discussion. The acquisition is temporary, and the remainder is the same as the before tract. 730U -DESCRIPTION OF REMAINDER UNCURED The remainder uncured is the same as the before. Topography, drainage, access, utilities, etcetera are all similar to the before in the remainder uncured. The reader is referred to Section 230, Description of wProl ert ,1 h tgirxvhs and Sketches for the description of the remainder topography, flood plain, drainage, soil characteristics, utilities, improvements, etcetera. 75 994 . ........ . ............. Remainder Uncured 740U-ZONINGI LAND USE PLAN CONCURRENCY No changes in the remainder cured Zoning and Land Use have occurred in the appraisal of the remainder uncured. The reader may refer to Section 240, Monro-,, , Land Use Plan and .... . . ...... Concurrence. 750U -PROPOSED TRANSPORTATION FACILITY DESCRIPTION According to the client provided right-of-way maps, Florida Department of Transportation (FDOT) proposes roadway improvements at the intersection of E. Gateway Boulevard and Interstate 95. Proposed improvements include widening the on -ramps and off -ramps at this interchange and widening Gateway Boulevard to the west and transition widening to Seacrest Boulevard. Construction includes Ramp "A", MSE retaining wall, type "B" fence, a concrete barrier, utility relocations and drainage improvements. 775U-EFFE.C.1'.,,OF,AC42El,SITION ON REMAINDER UNCURED The remainder uncured is the same as the before. The acquisition is only temporary. The proposed right-of-way acquisition and roadway improvements will not adversely impact the remainder property. Overall, the remainder uncured property remains similar to the parent tract from the before analysis. 80OU—HIGHEST AND BEST USE OF REMAINDER UNCURED The highest and best use is the same as before the acquisition. Please refer to Section 300, 802U -HIGHEST AND BEST USE CONCLUSION OF REMAINDER. UNCURED Conclusion - As Vacant ....... . ........................... The highest and best use of the remainder uncured is for assemblage. Qo.nclu.sioP— As Improved Not Applicable. 805U -APPROACHES TO VALUE USED AND EXCLUDED FOR REMAINDER Valuation of Site as Vacant In the valuation of the remainder uncured, as vacant, the Sales Comparison Approach was used to value the land. 76 995 Remainder Unrured 810U -LAND VALUATION FOR REMAINDER UNCURED The remainder uncured is the same as the before. The highest and best use for the remainder uncured, as vacant, is unchanged from the before analysis. The same unit of comparison as in the before situation was appropriate for the remainder uncured. No new sales were required to appraise the remainder uncured utilizing across the fence methodology. The reader is referred to Section 310, Land Valuation, for a description of sales used to value the parent tract and a discussion of adjustments. Discussion of Adjustments The discussion of adjustments is unchanged from the before analysis. The reader is referred to Section 310, Land„ Valuation, for a description of sales used to value the remainder uncured and a discussion of adjustments. Conclusion — Land Value Anal � sis Based on the previously analyzed data, l have concluded a land value of $3,100 utilizing the across the fence methodology for the remainder uncured. $3,100 890U—RECONCILIATION OF REMAINDER VALUE INDICATIONS AND FINAL VALUE ESTIMATE OFTHE REMAINDER UNCURED FINAL CONCLUSION OF MARKET VALUE OF REMAINDER UNCURED $3,100 996 Remainder Uncured 895U -ALLOCATION OF LAND BUILDINGS STRUCTURES AND OTHER IMPROVEMENTS FOR THE REMAINDERUNCiJRED Remainder Uncured Allocation ....ww_.._w.__.............w..._ a.........._................... . ................ Land $3,100 Improvements $0 Total $3,100 997 Damages/Cost to Cure/Special Benefits 900 -SUPPORT FOR DAMAGES/NO DAMAGES TO THE REMAINDER There are no incurable damages to the remainder uncured which is illustrated by comparing the remainder as part of the whole to the remainder uncured. The remainder uncured has the same functional uses and is marketable like the before property. The acquisition is minor and temporary. The remainder uncured is the same as the before property and greater than the remainder as part of the whole. Before Property $3,100 Part Acquired $200 Remainder As Part of Whole $2,900 Remainder Uncured $3,100 Damages $0 910U -COST -TO -CURE There is no cost to cure. 920 -SPECIAL BENEFITS There are no special benefits to the property, 998 .............. - ........... - .......... - ...................... .............. . -5LIMMary of values 995 -SUMMARY OF VALUES Parcel 701 Allocation . . . . . . . .................... Land $200 Improvements $0 Total $200 995 - Summary of Values Partial Acquistions I Before Property $3,100 2 Part Acquired $200 3 Remainder As Part of Whole {1-2} $2,900 4 Remainder Uncured $3,100 5 Damages (Total Uncured) f,3-41 $0 6 Special Benefits $0 7 Damages f5-61 $0 Summary of Total Compensation Part Acquired {2} $200 .Damages Incurable f I 1 $0 Cost to Cure Net {I 4} $0 TOTAL COMPENSATION $200 999 rr�i 996 -ADDENDA Legal Description — Parent Tract Legal Description — Part Acquired Land Sales Map Land Sales Data Sheets Sexton Engineering Report/Sketches Land Planner Report Contact Letter Project Resolution Sheet Qualifications: Curtis L. Phillips, MAI Michael F. Sexton, PE, PSM Doug Kelly, AICP, CSI 01 Addenda 1000 ADDENDA ADDENDA 1 1001 LEGAL DESCRIPTION - PARENT TRACT 1002 SPE�jt WXRR4M -ED This Special Warranty Steed made this. 17th. day of April,, 1986, between ZTANET IWQX FIELD, MARTHA FIELD FITE,, JAXET'FIELD RILEY and B. D. 'RAWLS as joint. personal - Representatives. of the. Estate of NLVT It ROWEFIELD, 'aA/a N.R.. FIELD, deceased, and MARTHA FIELD FITE, TANET FIELD, RILEY and B.D.- RAWLS as Joint Personal: Represenr- of Indian River, and tatives of the� Estate 'of JANET KNOX. FIELD, deceased, /of Dade Florida, WA RIC07 INC., and REFIELD, INC,�, dounty, - AYIELDI INC., all Florida corporations havingra.principal place of business in• the counties - of Br rd, Indian River and-Biev.ard respqctive"y, State of Florida and..l&wfully authorized to transact business in the State of Florida,.,TANET FIELD RILEY, joined by her husband W. RILEY,JR., and 14ARTHFL FIELD.FITE, an unremarried widow. of Indian River County, Florida-# parties of the first -part, and City of Boynton Beach, a municipality situated in Palm each county, Florida, party of the second part, whose address 1e, -S-.V Intaltstble Tax pd� nwide WITNESSETH-: That the said parties of the first part, for and in consideration of the. sum of TEN DOLLARS.- ($10.00) and other good and valuable considerations, to the in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of, the second part, his heirs and assigns forever, the following described land, situate, lying and being int County of Palm Beach, State of Florida, to -wit: All of our right, title and inthrest the following: Lot 1, (less l- R/W) of Blodk.27, ROLLING GREEN RIDGE 'tbd plat thereof, as FIRST ADDITION, according to Cr recorded in Plat Book 24 at page 223 through.226 of C) the -Public Records of Palm Beach County'#' Florida. -and- Lots 40 and 41 (less 1-95 R/W) of Block 22, ROLLING Cr GREEN RIDGE FIRST ADDITION, according tot Plat thereof, :2- as recorded in Plat Book 24 at page 223.1 ough 226 of the Public Records of Palm Beach Cqunty, Florida. ADDENDA 3, 1003 Subject to.c6nditions, r66trictions, reservatiol an easements o recordshownn °Plato , �cix x� z� RIDGE, - VMST ADDITION,. recorded.in Plat oo 2 at., page 223 ,t oe�.226 'o t 1'io wards of'Palm. g sada 'Co ' ty, Florida. j c to re t i tions recorded in Deed Book 1141 at' page 174 of the Publid Records.of Pa Beach County', Florida. aAnd the saidpartiffs of the first part do.hereby fully warrant the title to said l nd8 an ,will defend the same:against the lawful -claims of claims f all persons' claiming by, through or under the said first parties. IN WITNESSWHEREOF, the said parties of the first part have hereunto set their hands an .s als the day. and year first above itten... Signed, sealed, ane delivered, e7 " FIELD, l' FIELD in the presence.ofa FITE, JANET.FiELD RILEY and S.D. RAWLS, as Joint Personal t ^ Representatives of .the/ Estate of o PIFs a /a L N.R. FIELD, deceased, Ey: S, Sas attorney--i�x^E'act ' . der Power of.Attorney, recorded in O.R.-Book 3855 page 987 of the Public Records of Palm Beach County, Florida. { FIELDYITE, JANET FIELD RILEY and BX. RAWLS, as Toint ' Personal Representatives of the ' ^ Estate of JAMT WOK FIELD, deceased'. . 9. D._ S, asttoriey�in^ Fact under Power of Attorney recorded in O.R.odk ,.4.24. y t page 497 of the P of Palm Peach Co ® ... r corporationAll 60 ' iby d ,G•:Ha of p,'®,® ¢® 1 er ® 1 By ' President _ y -ADDENDA 42- 1004 ✓ SCO,INC .®, a to i. corporation Pre i ent By:.— ecretary kEFIELD, INCe, �� poraion - 1 Pre 01 Secy ®® .w`•`�!r; ^ ' T JANET FIELD RILEY • `'rte By: By: *Mt4R7FIET1 _ E an Unremarriedid STATE OFF I ss. CO Y OF DADE I BEREBY CERTIFY that on this day, Before me, an officer duly authorized in the State aforesaid and in the county afoesaid,•to take ac led ents,.per onally appeared B.D. RAWLS as Attorneym In -Fact for 37MT HKOK FIE s MA.RTHA.FIELDFITE, JANET FIELD RI LEY and B.D. RAWM a joint Personal Representatives of the Estate of NEWTO a /a N..R. rIELD and B.D. RAWLS as Attorney -i - Fact for MARTH& FIELp-PITE, JANET FIELD RiLEY and B.D. RAWLS as joint Persona} a resefttativ s of the Estate of JANET, KNOX FIELD, ceased, to me known to be the person described in and who executed the foregoing"in ent and lie'acimawledged before e.that he executed the same. S . my nd . aa� official seal in t C ty and' State .`: aid this day of d , : e - on at y Public State oat large Flor a °®aleeea!1v9•.s.. —3— L .. 3 — r . L�NDA 5 .. 1005 STAT&OF FLORIDA as. COUNTY OF BROWAR6:.' I' HERtBY. CERTIFY ..that on this, -,Aay of may, 1986, before me per . sonally appeared President and respectively of'WALFIELD, INC-.,, a Yloiida corporation, 'a corporat ioh under thEr. laws of the State. of Florida, to me'known to be the persons who signed the foregoing- -instrument as such'afficers.and, severally acknowledged the execution thereof to be their free act and -deed as such officers for'tbb 'uses' and purposes therein mentioned and that they aff ixj3d- thereto the. official se . al of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my'hand and!official seal at Broward Coun the day and-year'last aforesaid. 40 Nota yW � ubl�lic commseason expires: al; Y" STATE OF FLORIDA ss® COUNTY or INDAN OZVER: I HEREBY CERTIFY, that on this 90A day of May, -1986, and President and Sectetary respe�tively of RICO, INC. a Florida -corpora- tion, a corporation under tbd laws of. the State of Florida, to me known to be -the peisons who signed the forego'ing instrument as such officers and severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned and that they affixed thereto the official pea the. a of said ♦corporation' and that thd said instrument is Lce5i4i deed of said corporation. WITNESS my -band and official seal,at INDIAN RIVER C State of -Florida, the day and year last aforesaicl. My commission ex:i3ires: Nftaky P4f:LC S t- 2 t a of Florida at.Larg6 STATE OF FLORT-DA -4 COUNTY OF BREVARD: I HEREBY CERTIFY that. on this /66day of May, 1986, before J. me personally appeared a- FWd president 'and Secretary respectively of REFXELD, INC.,, a " Florida z- corporation, a co oration under the laws of the State of Florida to me known to be the persons who signed the foregoing instrument as such officers and severally acknowledged the execution thereof to be their free -act and deed as ouch officers for the uses and purposes therein mentioned and that they affixed thereto the officio]. ADDENDA -4-6 1006 seal of said,corporation, and that the said iristrument .is the act and deed o • said 'corporation. WITNESS.my.hand and official seal at Brevard coanty, state of Florida, the day and year. last aforesaid. my, 501111lipsion-expires.. � `c . Notary, lic m State at YYt•ritf t•flaf •.'• STATE OF FLORIDA qy yg, ss _ COUNTY OF INDIAN S0. 4 I'HBREBY'CHRTIpy that on this day, before me, an officer duly authorized In the state aforesaid and izi the C ty aforesaid, to take acknowledgments, personally appeared j-AlqgT FIELD RILEY and HOWARD . RILEY, JR., her husband, to me known to be the persons escribd , in and who executed the foreg®isig instrument and they acknowledged before me that they executed the same. WITNESS my hand ars officia.l'seal in the County and S .a, e."'f-; last aforesaid this M day of May,,'19; ��aaypn�Vrl °> my commissionexpires: J,`� No ary B STATE OF FLORIDA n as. COUNTY OF 11MIAN RMR' a I HEREBY CERTIFY that on this clay, before, me, an officerduly,_ authorized in the State a esaid and in t%e Cunty aforesaid®':titiia,�c =' .take acknowledgments, personally appeared MUCHA p F • "4VI 1,-0 2 me known to be the person described in •`d who executed th n6;X'. iti6y, a Ledged£oregoing instr entand she th s---- 'an he arenarried�the same, the said EBIbeing A &aca'�a FY� , Y W the County and ' "°' " • c' tr °.. , -le,c, WITNESS * ha and official seal in �+ f, �«rm�;:e:.;.:y,e�;.,• last aforesaid this day of tuR,4 .198r..,'�``®r,�'��.'•°ds•• s ` my commissionexpires: -_ ! ' iii ' I to i c -, start, of k°losida yy Notary ar Iv, 1� y at Large fu Cr CL a refum fa. ///"r PREPARED Y: Wade Riley UTAM P Dofey CS . / . W deco, Inc. ' Jer es tnl. Vance, I�.ii. m Suite '201 oo Suite 200, 1615 Forum filacq13 0 W'® I yrs ana R . e6l Palm Beach, FL 33401 Lantana, Fl, , 33462p FtECORD 4ERIFI PALM BEACH Clr p �QRC-Uff ouNKLE arDFNsA 1007 LEGAL DESCRIPTION - PART ACQUIRED 1008 Item/Segment No. 2319321 Section 93220-2562 08-17-22 Temporary Easement Parcel No. 701 State Road 9 (I-95) Palm Beach County Description A portion of Lot 40, Block 22, ROLLING GREEN RIDGE FIRST ADDITION, according to the plat thereof, as recorded in Plat Book 24, Page 223, of the Public Records of Palm Beach County, Florida, lying in Section 16, Township 45 South, Range 43 East, as shown on Sheets 4 and 8 of the Florida Department of Transportation Right of Way Map for State Road 9 (Interstate 95), Item/Segment No. 2319321, Section 93220-2562, being more particularly described as follows: BEGIN at the Northeast Corner of said Lot 40, also being a point on the Westerly Existing Right of Way line of Northwest 1St Street; thence South 01°31'25" East along said Westerly Existing Right of Way line, a distance of 21.79 feet to a point on the Northerly Existing Limited Access Right of Way line of Gateway Boulevard; thence North 74'00'15" West along said Northerly Existing Limited Access Right of Way line, a distance of 5.24 feet; thence North 01'3 1'25" West, a distance of 20.21 feet to a point on the North line of said Lot 40; thence North 88°28'35" East along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 105 square feet, more or less. A temporary easement for the purpose of tying in and harmonizing said property and the walkways, etc. to the roadway improvements, together with the right of access, ingress and egress, and along with any other incidences necessary or convenient in connection with the construction to be undertaken by the Department. This temporary easement includes any excavation on the subject property required for the purposes stated herein. This Easement is granted upon the condition that the sloping and/or grading upon the above land shall not extend beyond the limits outlined above, including the right to ingress and egress, occupy, possess, and control the property for the stated purposes, to stage equipment for the stated purposes, and to act as the agent for the owner for purposes of applying for any necessary permits and/or approvals to accomplish the stated purposes. This Easement shall expire upon the completion of this transportation project but not later than the last day of July 2031. ADDENDA 0 1009 LAND SALES MAP ADDENDA 10 1010 Boynton Beach ADDENDA 11 Hypduxo is AN oyr San Castle 'Ak The UPS Stcre p/ / /l/ pp40/0/ 'g" al" A22HRIM MM, Boynton Beach ADDENDA 11 Hypduxo is LAND SALES DATA SHEETS ADDENDA 12 1012 ID No. w 33592/95 (A) Recording � Data 11 /95Palm Beach County � 33592, _ _ (B) Grantor The Spectra Organization, Inc, a Florida not-for-profit corporation f/k/a Palm Beach County Leased Housing Cay oration Inc a Florida not-for-profit corporation ' (C) Grantee Henderson Metellus, a single man, Serge Vilvar, a I married man, and Anonce Nerestant, a married man ......... (D) Date of Transaction Aril 8, 2022 (E) Date Inspected August 24, 2022 (F) Size/Topography/ Size: 50' x 104.58' x 50' x 104.56' l 5,216 square feet / Floodplain/Wetlands 0.120 acres. Site dimensions are based on the deed which references Plat Book 4, Page 58 of Palm Beach County. The site size is taken from Palm Beach County Property Appraiser website where it is provided in both square feet and acres. Minor differences that occur from converting acres to square feet and vice versa are due to rounding and insignificant. Topography: Level and clear with no vegetation onsite F...o... odllain Flood Zone X (Panel 12099C0787F dated 10/5/2017) Wetlands: According to the National Wetlands Inventory Mapper, no wetlands are located on the site. (G) Consideration $107,800 (4) Unit Price $20.67 per safuare foot (I) Type of Instrument Warrant ,^ Deed — Coq'iorate Grantor (,n Tax Id Number 08-43-45-21-14-000-4400 (K) Address/Location { 515 NW 12i� Avenue, Boynton Beach, FL 33435 ADDENDA 13 1013 ADDENDA 14 1014 Located on the north side of NW 12th Avenue three parcels west of NW 4th Street within the City of Boynton Beach.. (L) Zoning R2 Duplex 10 du/acre, b City of Boynton Beach Future Land Use Medium Density Residential (MEDR) 11 du/acre by City of BoN nton Beach The zoning and future land use are cons11 istent. No issues of concurrency would affect development potential. (NI.), P1r1e1sentUse Vacant residential land (N1 Highest & Best Use [Resid'd ntial developm1enIt (OI Condition of Transaction ! Arm's length j (P) Financing i Cash to Seller (Q) Encumbrances No easements or other encumbrances that adversely affect the site were noted in public records. (R) Type of Improvements The site was unimproved vacant land at the time of sale. _ No improvements contributed to the sale price. Soil Types Typical dy series. Drainage No drainage problems were noted. No existing drainage system is located on this site. ...... Frontage NW 12' Avenue: 50.00' . (S Utilities (Ty pe/Distance) All utilities are available to this site. C (T) Verification -Party Andre Labauve Phone 954-942-0917 Relation to sale Agent Verified Curtis L. Phillips, MAI Date 8/22/2022 (1) Motivation The seller sold to profit. The buWyer's flans areunknown. (V) Analysis of Pertinent The transaction was reported to be arm's length with Information & CashEquivalene o,m ?ical, cash-equivalent financin�2 terms. (W) Exposure Time One to three months () Number of Days on Market ... .. [34d' 's L ... ...... ....... ADDENDA 14 1014 ADDENDA 15 1015 PARCEL SKETCH / AERIAL ADDENDA 16 1016 mm ADDENDA 17 1017 PI IOTO ADDENDA View north at site from NW 12" Avenue. Taken by Curtis Phillips, MAI — August 24, 2022 18 1018 LOCATION MAP 11c, 710, tiCn No N"Y" I A", 0 1 NO, lov z ADDENDA 19 1019 NW I �fth Ave IMI ?,mAv, Ai@ "lolm j, y ,ol Ill, vu Si My VI V'i Aaw, CL N1 1111,111", Nvp I Lth A,e I I A nira fold (6,,,,/,j,", t ON Vir,,,g, fl, f I" N,,z' NW 9th Avo NE W.. b A,,, N* tath Aw, NW filh Pot Fl ADDENDA 19 1019 RECORDED DOCUMENTS Prepared by, Record and Return to� Racole Jackson, Esq. Title Xperts, LLC 560'VilloSc Boulevard Suite 140 Inst Palm Beach, FL 3 3409 12th Aventw, Boynton Beach, FL 33-435 CIFN 20220230696 UR BK 33592 PIG 95 RECORDED CW2612022 12MA6 Palm Beach County, Florida AWT 107,800,00 DEED DOC 754AD Joseph Abrurzo Clark PI 0095-0097; l3PI WA��TY DEED - CORPORATE GRANTOR This Wat Wwed made tors Sth day of April, 2022, by and between The Sp eegra Organization, hic., j mrlda not-fbr-;proflw corporation Victim Palm Beach Cimsity keased Heoging Corporation, Irm, it as reel-for-prorit corporation, bpreinafter called the Grantor, whose nuMing address iq 34.42 45th Sts PalmBeach, FL 33407, and HENDERSON METELLUS, as single man, SERGE VILVAR, a mat 6' OAL16 and ANONCE NEPLESTANT, a married man, bereinafter called the Cyranlwewhose mailing ' Wes t Palm Beach, FL 33404, Wt's 421 West 25th Street, WITNESSETK that quAtor, 'for and in eonsidcrateon of the su ' m of SlUO ('J'eanand 00A06 DoUus) and other -valuahl'a co ation, theta receipt whereof is hereby acknowledged, bereby grants, bargains, and sells unto the Orant rantee's succcII Wrs,and assurns forover, aft that parcel of Pte of Florida, to wiII� SEE MmiBrr "A"' AT e,4 &ED HERETOAND MADE A 11ARTHEKEOF TOGETHER with all of the � s, hereditaments and appurtenances thereto beloI omen anyariseapperwnin& 70 HAVE AND TO HOLD, the 'cc simple forever, AND rho Grantorheicby covmants wilt the Griuitee that the Grantor islaw.rully seized of qaid land in fee sI'npk; that Cie Grantor fois good right and lawfUl autbad ty To sell and convey this hand; tnat the Gnntor hereby fWly warrants the taupe to the land and will defend the sarne agahW the lawful claims of'oll persons wbornsoever; and that the lend is free of all cricumbrancos., except taxes accriftg subsequent to December 31, 2022, and restrictions, covcnants, and easements ofrecord. WWTWuY netd - C"MW Gmtor ADDENDA 20 1020 ADDENDA CrN 20220230696 BOOK 33592 PAGE 96 2 OF 3 IN WITNESS WHEREOF, the Grantor has caused these presents to be cxecuted in iu, mane urd )rate seal to be hereunto affixpA by its props officers thereunto duly autharized, the day aru.1 year ve written, u.re 0'51otaryPubl mmm pdsdw Ge* Sigrat 047468 MM' Type/Shimp Narno of Notaq, 1A, - Ml Pemonally Knowm.-' OR Produced Idenfibcatiom Type of IdLnEfication Produced:— - t': J 21 1021 The Speotra Organization, Inc., a Morida E� not i-fbr-prof t corporation f/k/s dacha Beach County Leased Housing Corporafim, Inc., a Florida not-for-profit ro PIUNTNA�611� corpag ation By� Caro� Jone ((3) Officer and Executive birector (A" Cs STATT, OFFIDIUDA [CORPORATT SEAL) COUNMY OF'PALMI B fln's day 2022, by Cart)] knes-Gilbem, Chkf Executive Officer nouirimition of and Executive Dir' ctorfifThe Spect m. U , hic., a Florida not -for -pm& coq>uration fWa Palm Beach CounlyLcasedHousing: on, hic., a Florida not-for-profit corpora6on, u.re 0'51otaryPubl mmm pdsdw Ge* Sigrat 047468 MM' Type/Shimp Narno of Notaq, 1A, - Ml Pemonally Knowm.-' OR Produced Idenfibcatiom Type of IdLnEfication Produced:— - t': J 21 1021 CFN 20220238696 BOOK 33592 RAGE 97 3OF3 EXHIBIT "A" � 0 and 441, (,,h rry Hills, a 5vn➢bafMsicaaa 'Wated in m.wAivap 21„ Township45 Srra xh, Range 43 East, 6f Boynton, acconfing to the plat �hcreofon file in the Office of ffic Cork of Elie 0xcuit Cowl in Baa ataaa Beach C oumty, Florida, reconled an l at Book 4. Pa -c 53 a TV- � ADDENDA 22 1022 ID No. 33529/1339 (A(Recordin Data 33529/1339, Palm Beach Couni �, 111 01) Granto"r........_ Palm Beach County H...o.usinAu thority (C) Grantee Freedom 513, LLC, a Florida Limited Liability Company (lll Date of Transaction Ali,ril 6, 2,0,22, (E) Date Inspected pected �� .. _ August 24 2022 (F) Size/Topography/ ................. .. Size: 10,944 square feet / 0.251 acres (site dimensions Floodplain/Wetlands are displayed on the parcel sketch later herein). Site dimensions are based on the deed which references this sale as a 110' x 100' lot in Plat Book 4, Page 58 of Palm Beach County and less and except "Parcel 1" which was conveyed to the City of Boynton Beach for right-of- way purposes in Palm Beach County Official Record Book 4361, Page 1202. The less and except area of "Parcel 1" equals 5 6.4 5 square feet (say, 56 square feet). As such, this sale contains 10,944 square feet (11,000 SF — 56 SF). Minor differences that occur from converting acres to square feet and vice versa are due to rounding and insignificant. Topography: Level and clear with no vegetation onsite Floodllla„in: Flood Zone X (Panel 12099C0787F dated 10/5/2017) Wetlands-:, According to the National Wetlands Inventory Mapper, no wetlands are located on the site. (G) Consideration $128,700 (H) Unit Price $11.76 per square foot (I) Type of Instrument i Warranty Deed — Coi g)orate Grantor l,l Tax Id Number 08-43-45-21-14-000-4670 ADDENDA 23 1023 (K) Address/Location 502 NW 1311 Avenue, Boynton Beach, FL 33435 / Located at the southwest corner of NW 131 Avenue and NW 40 Street within the Cite of Bo � nton Beach. (L) Zoning R2 Duplex 10 du/acre, by City of Boynton Beach Future Land Use Medium Density Residential (MEDR) 11 du/acre by City of Boynton Beach The zoning and future land use are consistent. No issues of concurrency would affect development potential. t (M) Present Use Vacant residential land (N) Highest &Best Use Residential development 1Op Condition of Transaction Arm's length (P) Financing Cash to Seller (Q) Encumbrances No easements or other encumbrances that adversely affect the site were noted in public records. (R) Type of Improvements I The site was unimproved vacant land at the time of sale. No improvements contributed to the sale price. SoilT lees "I . TN g)ical sandy series. DrainageI No drainage problems were noted. No existing drainage system is located on this site. Frontage NW 131 Avenue: 83.76' Corner Clip: 17.88' NW 4th Street: 103.05' (S Utilities (T ite/Distaneei All utilities are available to this site. (T) Verification - Party Andre Labauve Phone 954-942-0917 Relation to sale Agent Verified Curtis L. Phillips, MAI Date 8/22/2022 (U) Motivation I The seller sold to profit. The buyer's plans were reported to be for development of lot. (V) Analysis of Pertinent The transaction was reported to be arm's length with Information & Cash Equivalency typical, cash-equivalent financing, terms. E posure Time (WX One to three months ADDENDA 24 1024 ADDENDA 25 1025 PARCEL SKETCH/ AERIAL 11,11-11 . . .................... --.1 . .. .... I-,..,.,... - ADDENDA 26 1026 PLAT ADDENDA 27 1027 PHOTO View west at site from NW 4th Street. Taken by Curtis Phillips, MAI — August 24, 2022 ADDENDA 28 1028 LOCATION MAP m�/ i// /// Wl Gcom MIvow dVk 1etPi Ave 4, I I tfAvL 29 1029 RECORDED DOCUMENTS Prepared by, Record and Return tat. cote Ewq- Tide Xperts, LLC 560 Village Boulevard Suite 140 Wft Palm Beach, FI- 33409 tip File No,: TXG-22-267 CAN 20220'194368 OR 8K 33529 PG 1339 RECORDED 05/05f2022 09::43:38 Palrin 139ach CoUnty, Florida AN 128,700,00 DEED DOC 9W90 Joseph Ab%=o Clerk tags 1339-1341; (3Pgs) Froperty5UZ MµMwest 13th Avenue, Boynton Beach, FL 33435 W'�WNTYDEED - CORPORATE GRANTOR This Warrazit Y made this 6th day of April, 2022, by and between PALM BEACH COUNTY HOUSING iereinafter called the Grantor, whose mailing address is 3432 45th street, West Palmand FREEDOM 5,13, LLC, a Florida Limited Liability Company, herchraftr called the R. ,,, , , 4o e.mailing address is 579 N SR 7,, Royal Pokm Reach, FL 33411. WITNFS,SE at as vtor, for and in consideration of the sum of $10.00 (Ten and 00/100 Do!Ws) and other v t"able, C ''tion, the receipt whereof is hereby acknowledged, hereby grants, er' v a bargairts, and sells unto e Coraasa d Grantee'ssuccessers, heirs„ and assigns foreverall That parcel of land in the Cozmty of Palm Beach: afklorlda,togrit. SEE EXMBrr 'IN''cHFDHF-RFT oANDmADr-,.AP.ARTHE-U-OF TOG ETHER with all of the tet(Pnts, heredituneas and appurtenances thereto belonging ot in anywise appertaining, QP TO HAVE, AND TO HOLD, the 1 fee simple farever. t Grantee that the Grathtor is tawfUlly seized ofsaid land this land� that the AI�M the Granter hereby covena. at 5�1 in fee simpl% that the Grantor has good "i W= authority to sell and convey Grantor hereby fully -warrants, the tide to the land and will defend the same ajamst the lawful claims of all persons whomsoever; and that the land is Free of all encumbrances, except taxLg accruing subsequent to December 31, 2022, and xr-strictions, covenants, and easements ofrecord. FiWNo.:77tC42-2f7 03ME ADDENDA 30 1030 CFN 20220194368 BOOK 33529 PAGE 1340 2 OF 3 IN WITNESS WHEREOF, the Gramor has caused these presents to be cxecutLd in its name and it-, coq=ate sea] to be hereunto affixed'by its proper officers Lhereunto duly authorized, the daywid year first above writLen. C I CCDNTyr E' PALM BEA 31 11.1IING A q l l, By Cer diiarf.executive Officer and Fxectitive Director [CORPORATE SEAL] The foregoing iwmt)VenQ was acknowrdged before meby, means ofo physical presence or () online nohni7ation this of ern 2022, by CaroJones-Gilbert ChiefExecudve Officer and Executive Director ofV1 JiEACR COUNTY HOUSING AUTTIMUTY, Si&iiRUV of Rot Publ Print, Typelstarrnp Name taffy Personally Knowm IL/ OR ed Idend-ficatiow Type ofidentific d Produce& WwTwty Deed—CwpomeGmmar ReNm:7XC-22-267 Page 200 ADDENDA 31 1031 (.',FN 2022 19,4 363 BOOK 33529 PAGE 9341 "3 OF ;3 Lots 467, 468, 469 and 470, Cherry Hills, aceanrdiag to the Platt ¢fnen'eof mcorded in Plat Book d, Page. 58, a f the Il'anblic Recanrds of" f Beach County, ]bride, less and e ara;W road right-of-way ntasatn¢ in tin. ,., Right-of-way Deed recorded in 0fricnaal Reconb Book. #58+, Page 1202, in the o of die the HFctPBHC Court in and f'aatfthn Beach Caudy, mmicla. 4361 r), .. �Z.:,,, Woaenmy Decd — Corporate Gmnw 114c No.: TXCi2.267 a? ge 3 or3 Legal incorrectly records less and except right-of-way deed as 438111202. The correct recording is 4361/1202. ADDENDA 32 1032 ID No, 33199/80 (A) Recording; Data 1 33199/80, Palm Beach Count' 1 !B) Grantor Teresa Grzenkowicz, a single woman i (C) Grantee Level Six LLC, a Delaware limited liability company (D) Date of Transaction �-Delccmber 16, 2021 (E) Date Inspected IAugust 24, 2022 (F) Size/Topography/ 3 Size: 60.00' x 100.00' / 6,000 square feet / 0.138 +/- Floodplain/Wetlands acres. Site dimensions illustrated on the parcel sketch later herein are based on Plat Book 24, Page 43. Topography: Level and generally clear of vegetation Floodplain:, Flood Zone N (Panel 12099CO791 F dated 10/5/2017) Wetlands;. According to the National Wetlands Inventory Mapper, no wetlands are located on the site. (G) Consideration ................................... _ $100,000 (H) Unit Price $16,67per square foot (I) T� l)e of Instrument Warraru Deed (.n Tax Id Number s 00-43-45-09-09-000-1791 (K) Address/Location .................. . 1192 Highview Road, Boynton Beach, FL 33435; South side of Highview Road, between Grove Road and Summit Road, within an unincorporated area of Palm Beach Counl . (L) Zoning RM, Multifamily Residential, by Palm Beach Count Future Land Use HR -8, High Residential 8 du/acre, by Palm Beach Coumv The zoning and future land use are consistent. No issues of concurrency would affect development potential. (M) Present Use Vacant residential land ADDENDA 33 1033 (N) Highest & Best Use Residential development J (0) Condition of Transaction Arm's length pP Financing Cash to Seller (Q) Encumbrances A 10' utility easement exists along the rear boundary of the site. This is not adverse. No other easements or encumbrances that adversely affect the site were noted in public records. (R) Type of Improvements i The site was vacant land at the time of sale. The site was fully fenced with stockade style wooden privacy fencing. Per the listing agent, the existing improvements contributed $1,000 to the fnal sale price. _ Soil Types Typical sandy series. Drainage No drainage problems were noted. No existing drainage system is located on this site. Frontage Hi ^hview Road: 60.00' )Utilities (T pe/Distance) i All utilities are available to this site. (T) Verification - Party Monika West Phone 561-542-3058 Relation to sale Listing Broker Verified David J. Boggs & Curtis Phillips, MAI Date...... .. August 1$, 2022 & Au ust 22 2 g August . ,_ 022 (U) Motivation The seller sold to profit. The buyer's plans to develop the site with a residential use. (V) Analysis of Pertinent The transaction was reported to be arm's length with Information & Cash E(luivalene� t,ypiical, cash -equivalent financin,,, terms. (W) E: 1posure Time One to three months pK Number of Days on Market 1 Cumulative DOM (Y) Remarks This property was originally listed for $95,000 and it sold above its ask price. There was one prior arm's length sale within the past three years. The site sold in January 2020 for $65,000. This indicates a 53.84% increase in value over the two-year, period, or ADDENDA 34 1034 ADDENDA 35 1035 PARCEL SKETCH / AERIAL ADDENDA 36 1036 PLAT N A 9 d 1.97 1.916 1.950 � 17 IY •� Y� Y• 4� q la 1i ♦1 r• H I G H V I E W 4 ADDENDA 37 1037 PHOTO View south at site from Highview Road. Taken by Curtis Phillips, MAI — August 24, 2022 ADDENDA 38 1038 L 0 CA T.I...O.N. MA P Higliview Rd Highview Rd Highview Rd f-untana, FL 334C,,�2 Highland Rd Highland Rd Highland RIf ADDENDA 39 1039 R.F'(.,'0RQ1,j) DOCUMENT'S ............ . ....... Warranty Deed ThLs Warranty Qvhnade We A day of December, 202.1 bemean Teresa Grzenkawlez, a single woman whose p 3 ost office address is 2E nan Ist L% 92:10, Boyrdou.Beach, FL 33435, itor, amid LEVEL SM LLC, a Dw elaare limited liability cam M. post affice address 6311 Nebraska SL, OfflM Hollywood, FL33099, grant= (Wh.mycv wed Pme cha the ken ns and "&=tW tmcR%Wr all Rho Vardes to Ms snuumcne and the lixir% Rusal rrpaneseamaaaaures« and assaVtg of ininAdumlis, md tar sucemass imd =0;& corpomfions, units and Tmams) Witnesseth, that said grantor, 'K �11�'4`1 �p consideration of the warn ofTEN AND N011 00 DOLLARS ($10 M) and other goad and valuable considerations 0,:%QV,gritar.in hand paid b said grantee, die recei whereof is hereby acknowledged, ��; "A, y -diins f ist has granted, bargained, and sold to �g�wnev, and granice's, heirs and aw orever, the following described land, situate, lying and being in Palm Beach Vij asq!y, Florida to -w& West 112 of Lot 179 and all ofl�ril ,Bodge Grove Addition N& 1, according to the malp air plot thereof, as recorded in Plot Ban 12, Pngc(.$) 43, of the Public Records of Palm each County, Florida. Parcel Identification Number. 0043�&,09-0004791 SUBJEM' to covenants, conditions,I s, reservations, limitations, enimements and agreement% rV ofrecord, Ifany, taxes and asse,.49mentsia4cal-2021 and subsequentyears; and to all applicable zoning ordinances andfor reAvieflons and prohibitions Imposed by governmental authorities, Of any-, without serving to reimpose any of 11he fiireglolng Tageth or with all the tenements, hereditaments, and tipurtenances thereto belonging or in anywise appertanda& To Have and to Hold, the some in fee shoals, forever. And the grantor hereby covenants with said graMee that the Lmnitorls lawfully seized of said land in fee simple, that the grantor has pood right and lawful aulbority to sell and convey said land, diet the grunter baraby fully warrants the title to said .land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except. loxes accruing subsequent to December 31, 2021. ADDENDA 40 1040 CIFN 20220009594 OR BK 33,199 PG 80 RECORDED 0111012022 09:2815 Palm Beach County, Florida Awr iori,000m DEED DOC 700,00 Joseph Abruzw Clerk Pro are and return tap„ Pgs 0080-0081: (2Pgs) MUChoujiga Galaxy*e and.8scrow 900 *�'Cj #%rn Creek Road Suite 330 Fort I dole, VL 33309 954-98 In an FilcNurd' „l .-411 ............ . ....... Warranty Deed ThLs Warranty Qvhnade We A day of December, 202.1 bemean Teresa Grzenkawlez, a single woman whose p 3 ost office address is 2E nan Ist L% 92:10, Boyrdou.Beach, FL 33435, itor, amid LEVEL SM LLC, a Dw elaare limited liability cam M. post affice address 6311 Nebraska SL, OfflM Hollywood, FL33099, grant= (Wh.mycv wed Pme cha the ken ns and "&=tW tmcR%Wr all Rho Vardes to Ms snuumcne and the lixir% Rusal rrpaneseamaaaaures« and assaVtg of ininAdumlis, md tar sucemass imd =0;& corpomfions, units and Tmams) Witnesseth, that said grantor, 'K �11�'4`1 �p consideration of the warn ofTEN AND N011 00 DOLLARS ($10 M) and other goad and valuable considerations 0,:%QV,gritar.in hand paid b said grantee, die recei whereof is hereby acknowledged, ��; "A, y -diins f ist has granted, bargained, and sold to �g�wnev, and granice's, heirs and aw orever, the following described land, situate, lying and being in Palm Beach Vij asq!y, Florida to -w& West 112 of Lot 179 and all ofl�ril ,Bodge Grove Addition N& 1, according to the malp air plot thereof, as recorded in Plot Ban 12, Pngc(.$) 43, of the Public Records of Palm each County, Florida. Parcel Identification Number. 0043�&,09-0004791 SUBJEM' to covenants, conditions,I s, reservations, limitations, enimements and agreement% rV ofrecord, Ifany, taxes and asse,.49mentsia4cal-2021 and subsequentyears; and to all applicable zoning ordinances andfor reAvieflons and prohibitions Imposed by governmental authorities, Of any-, without serving to reimpose any of 11he fiireglolng Tageth or with all the tenements, hereditaments, and tipurtenances thereto belonging or in anywise appertanda& To Have and to Hold, the some in fee shoals, forever. And the grantor hereby covenants with said graMee that the Lmnitorls lawfully seized of said land in fee simple, that the grantor has pood right and lawful aulbority to sell and convey said land, diet the grunter baraby fully warrants the title to said .land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except. loxes accruing subsequent to December 31, 2021. ADDENDA 40 1040 CFN 20220009594 BOOK 33199 PAGE 81 2 OF 2 I nims WhL-reof, grmtorbas harmmon set gmmaeshandoad ml dw day mid year rpratalxwe Written, Sign*d and d011vered in ow, presence: ---------------- im t n cs Nair C State ofFlorid a comly aarliro ad The ilurgoing Pn stcaau ncnnt w baa a aPrd d belbre we by nomas of dXjnotaridation, td iks physicW preseme or todfiv skowicz, who IJ b Pemo"XUY known of M I"a" M Wald a drhtees Hcvam as day of. embpr� 2 ,X, j"Noury Smil -taom-T,y Pubfir COUrtney Cote Printed Nmc MWY Mir SM, 0 My Commaission Expimm WarmlyPeed-Papp 2 41 Dcublerlfism^ 1041 ID No, 33138/24 .. (A) Recording Data 33138/24, Palm Beach Coum t (B) Grantor Stiephil Development LLC, a Florida limited liability company (C) Grantee Newberry Group, LLC, a Florida limited liability I company i j G l 11 Date of Transaction November, 29, 2021 (E) Date Inspected Aupust 24, 2022 (F) Size/Topography/ I . _.. Size: 60.00' x 100.00' / 6,000 square feet / 0.138 +/- Floodplain/Wetlands acres. Site dimensions illustrated on the parcel sketch later herein are based on Plat Book 24, Page 43. Topography: Level and generally clear of vegetation I F olad llain; Flood Zone X (Panel 12099CO791F dated 10/5/2017) /2017) I � Wetlands,: According to the National Wetlands Inventory Mapper, no wetlands are located on the site. `G.) Consideration $90,000 (111 Unit Price $15.00 per, square foot � ........... (I) Type of Instrument Warranty Deed i (,l) Tax Id Number I 00-43-45-09-09-000-1931 (K) Address/Location 1185 Highview Road, Boynton Beach, FL 33435; North side of Highview Road, between Grove Road and Summit Road, within an unincorporated area of Palm Beach County. (1,) Zoning RM, Multifamily Residential, by Palm Beach Count Future Land Use HR-8, High Residential 8 du/acre, by Palm Beach Coun�.� The zoning and future land use are consistent. No issues ADDENDA 42 1042 ADDENDA 43 1043 of concurrency would affect development potential. (M) Present Use Vacant residential land i (N) Highest &,,Best Use Residential development (0) Condition of Transaction Arm's length 1P1 Financing Cash t11 o Seller .. (Q) Encumbrances A 10' utility easement exists along the rear boundary of the site. This is not adverse. No other easements or encumbrances that adversely affect the site were noted in pub,lic records. (R) Type of Improvements The site was vacant land at the time of sale. No site improvements existed which contributed to the final sale ._ ., ....... ......... price. ... . Soil Types Typical sandy series. Drainage I No drainage problems were noted. No existing drainage system is located on this site. Frontage Highview Road: 60.00' 1111 111111111111 (S` Utilities (T ,pc/.Distance) l.. All utilities are available to this site. (T) Verification - Party Jonathan Phillips Phone 561-760-9940 Relation to sale Listing Broker Verified David J. Boggs & Curtis Phillips, MAI Date August 18, 2022 &August 22, 2022 (U) Motivation The seller sold to profit. The buyer plans residential development. (V) Analysis of Pertinent The transaction was reported to be arm's length with Information & Cash Equivalency y laical, cash-equivalent financing; terms. (W) Exposure Time One to three months (X Number of Days on Market 28 Cumulative DOM (Y) Remarks This property was originally listed for $99,900. There were two prior arm's length sale within the past three years. The site sold in October 2021 for $70,000. The site also sold in February 2021 for $63,500. This indicates a ADDENDA 43 1043 ADDENDA 41.73% increase in value since the first sale (10 month time period), or approximately 4.17% per month. There is no I IOA. This is not within a gated communhN f See Attached — Palm Beach County Plat Book 24, Page 43 See Attached See Attached 44 1044 PARCEL. SKETCH ./..AER.I,AL, ADDENDA 45 1045 H I G H V I E W ADDENDA �i 1046 PHOTO View north at site from Highview Road. Taken by Curtis Phillips, MAI — August 24, 2022 ADDENDA 47 1047 LOCATION MAP, igl,iview Rd Highview Rd Highv ADDENDA 48 1048 RECORDED DOCUMENTS Fort Uuded*ia, Ft. 33301 (954) 91=% 1 File No parcal himli NoOO-43-45-09-09-000-0311 I ............... . ..... ... --6 WARRANTY DEED (STATUTORV rORM - SFZnON 699,02, F.S.4 This Indeolur day aMovernber, 2021 betweea Sdephll Development LLC, a Florida Lindred Liabillity Company, whose post *dd24241`£ rederal H wy. Ste 150, Baca RAton, Fl, 3343 L, of the coinity or Palm Beach, State of Florida, Grantor, to Newb ratip, LLC, a Florida Limited Liability Company, whose post oMee address is 304 Indian 1 6, of ow cGLQy orBro ward, Stale of Floridan. Granlee: Trace, Ste 16C Weston 119-91 I � Wittresseth, that said rear and in consideration or the sum of "I'M DOLLARS (U.S.S I UO) and other goad and valuable considerations to said in bond paid by said Grantee, rhe receipt wbereof is hereby acluiowtedged, has granted, bargained. said sold to the said ii irpq Grantee's heirs and assigns forever, the following described land, situate. lying and being in Be Im Beach, Florida, to-ww 71c East Half afLot 193 and 494, RMGE GROVE - ADDITION NO. 1, according to the map or plot thereof, as recorded in Plat 1 (8 "Aqfthe Public Records of Palm Beach County, Florida. fgethcr with all the ienemeals, hiAf4flti , *cts and appurtenances thereto belonging or in anywise appertaining. So bject to taxes iter 2022 and aubsequm , not yet due and payable; covenants, rest6edons, casements, reservations and limitations of record, irany. To HAVE AND TO HOLD the sarne inle forever, And Grantor hereby Lovenant with the GranaGrantor is lowfully seized of &old land in fee simple, that Grantor have good tight and lawful "thority to sell and convey said land and that the Grantor hereby fully warrant the fide to said lund and will defend the same against the lawful Wahns of all panions whomsoever. WAnarnyDom 11ic NM4, P -b- t 1367 llaw I t.12 ADDENDA 49 1049 CFN 20210569319 OR BK 33138 PG 24 RECORDED 1284/2021 13:39M Palm Beach County, Florida ftolEd bj andrqijL- tw- AMT 00,000.00 jeannalle Mcz DEED DOC 630.610 Title Now. LLC Joseph Abruzzo 440 Northeast 4th A vowe Clerk Suite 2 Pgs 002"025; (2Pgs) Fort Uuded*ia, Ft. 33301 (954) 91=% 1 File No parcal himli NoOO-43-45-09-09-000-0311 I ............... . ..... ... --6 WARRANTY DEED (STATUTORV rORM - SFZnON 699,02, F.S.4 This Indeolur day aMovernber, 2021 betweea Sdephll Development LLC, a Florida Lindred Liabillity Company, whose post *dd24241`£ rederal H wy. Ste 150, Baca RAton, Fl, 3343 L, of the coinity or Palm Beach, State of Florida, Grantor, to Newb ratip, LLC, a Florida Limited Liability Company, whose post oMee address is 304 Indian 1 6, of ow cGLQy orBro ward, Stale of Floridan. Granlee: Trace, Ste 16C Weston 119-91 I � Wittresseth, that said rear and in consideration or the sum of "I'M DOLLARS (U.S.S I UO) and other goad and valuable considerations to said in bond paid by said Grantee, rhe receipt wbereof is hereby acluiowtedged, has granted, bargained. said sold to the said ii irpq Grantee's heirs and assigns forever, the following described land, situate. lying and being in Be Im Beach, Florida, to-ww 71c East Half afLot 193 and 494, RMGE GROVE - ADDITION NO. 1, according to the map or plot thereof, as recorded in Plat 1 (8 "Aqfthe Public Records of Palm Beach County, Florida. fgethcr with all the ienemeals, hiAf4flti , *cts and appurtenances thereto belonging or in anywise appertaining. So bject to taxes iter 2022 and aubsequm , not yet due and payable; covenants, rest6edons, casements, reservations and limitations of record, irany. To HAVE AND TO HOLD the sarne inle forever, And Grantor hereby Lovenant with the GranaGrantor is lowfully seized of &old land in fee simple, that Grantor have good tight and lawful "thority to sell and convey said land and that the Grantor hereby fully warrant the fide to said lund and will defend the same against the lawful Wahns of all panions whomsoever. WAnarnyDom 11ic NM4, P -b- t 1367 llaw I t.12 ADDENDA 49 1049 Whereof, Grantor have hereunto set Gunuor's hand and seat the day and yew, first at written, SigWed, x ad defiwved in mffpyrsencr: '0 PArat nerne. A �ngstI i nunentwas silt 2 Con4nny. on behalf c fie Lirafted Print 'ryP.'Stunp Name of Notary Stitphil Developmew LLQ a Florida Limihni Limbiry n Phi nAutho; e! ir� By - Edward We W. Audarnized Member Md before?no by Means ofrfP-h'Y'-toil presence or ( ) on inn notmizehoil this _2_9_ !/ or Jonathan PhilllgaxsAuthuM ri7cde;nberofSd Deva hi]eloMtentLLC,FLLitnitedliability ;jY' corapauy� I 0 W Peratmally knoww_ OR Produced Identificatiox— Luisa Cook Com, 92 702 Type of Wentificallon Produced:—h�a!L Expires: 0711112022 WarramyDeed 123EMMAIM ADDENDA 50 Ago 20f2 1050 SEXTON ENGINEERING REPORT/SKETCHES ADDENDA 51 1051 SEXTON ENGINEERING ASSOCIATES, IN State Road 9 (Interstate 95) at Gateway Boulevard Interchange Improvements State Project No.: 93220-2562 (Right -Of -Way Map) Financial Project No.: 231932-1 Palm Beach County, Florida SEA No. 232SP701 Submitted By: ln'cl'o-d T- ALA-tan"� P-L� ID.A.M. Michael F. Sexton, P.E., P.S.M. Fl. Reg. No. 28558 January 17, 2023 I IU Flonoe 41CLr�xm loreco - Royil Pa I w Reach, FL 334 @ f - Phone: 56 79-1-3 V22 - Fax. 5(0-792-3 MH �- Fmailk Haabillocring Bminem Na 001WWA ljiomww & Mapga in)! Bunnms No, fXV6107 ADDENDA 52 1052 Engineering Analysis of Parcel 701 State Road 9 (1-95) Financial ProI . ect No.: 231932-1 Palm Beach Count ,Fjorida ............. - - �. TABLE OF CONTENTS 0 Introduction 0 FDOT Acquisition and Improvement 0 Existing Conditions 0 Utilities 0 Proposed Conditions 0 Conclusion 0 Exhibits FDOT Legal Description ol'Parcel 701 Aerial Plan Parcel Sketch Existing Conditions Sketch Proposed Conditions Sketch Sexton Engineering Associates, Inc. Page 2 ADDENDA 53 January 17, 2023 1053 Engineering Analysis of Parcel 701 State Road 9 (I-95) Financial... Pro ect No.: 231932-.1._ ............. ..o... ...o..o., lm Beach Coun Palm thFlorida Introduction Sexton Engineering Associates, Inc., has been asked by the Florida Department of Transportation (FDOT) to review the potential impacts to the remainder properties the from proposed Right -of - Way acquisitions of the planned FDOT Improvements for the I-95 Interchange at Gateway Boulevard (Exit 59) from south of the Gateway Boulevard overpass to north of Gateway Boulevard along Gateway Boulevard east and west of State Road 9 (1-95). The project limits include approximately two (2) miles of 1-95 and approximately 0.75 miles of Gateway Boulevard improvements from the Quantum Village intersection to east of Seacrest Boulevard in the City of Boynton Beach, Florida. State Project No.: 93220-2562 proposes right-of-way acquisitions for roadway improvements to State Road 9 (I-95) and Gateway Boulevard These proposed improvements include the widening of State Road 9 (I-95) auxiliary lanes and ramps based on the Florida Design Manual (FDM) criteria, and improvements to Gateway Boulevard based on the Florida Green Book Criteria (Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Street and Highways). This interchange project proposes to enhance overall operation capacity, reduce congestion, and increase safety by providing additional thru-lanes and additional turn -lanes from Gateway Boulevard to State Road 9 (I-95). In addition, the improvements along Gateway Boulevard will provide bike lanes, sidewalks, raised landscape median and stormwater management ponds to serve this project. FDOT proposes to acquire Parcel 701 as additional right-of-way required for the planned roadway improvements. FDOT Acluisition and Irnftrovement The FDOT has provided a FDOT Right -of -Way Map approved by Jeffery Smith, P.S.M., FDOT District Surveyor on September 27, 2022 to assist in our preparation of this report. The existing 796 square feet parent tract of Parcel 701 (as defined by the FDOT Right -of -Way Map) is located along the north Right -of -Way of Gateway Boulevard and along the west Right -of - Way of N.W. 1" Street within the City of Boynton Beach, Florida. The subject property has 102.49 feet of frontage along Gateway Boulevard and 21.79 feet of frontage along N.W. 1st Street. The parent tract is a portion of Lot 40, Block 22, "Rolling Green Ridge First Addition". The attached "Aerial Plan" identifies the parent tract as defined by the FDOT Right -of -Way Maps and locates the proposed acquisitions west of the existing Right -of -Way of N. W. I st Street. Parcel 701 is a Temporary Easement for the purpose of tying in and harmonizing the property and the driveway, walkways, etc., together with the right of access, ingress and egress, along with any other incidences necessary or convenient in connection with the construction to be undertaken by the Department, in State Road No. 9 (Interstate 95), adjacent thereto. This Easement is granted upon the condition that the sloping and/or grading upon the above land shall not extend beyond the limits outlined, and that all grading or sloping shall conform to all existing structural improvements within the limits designated, and all work will be performed in such manner that the existing structural improvements will not be damaged. Sexton Engineering Associates, Inc. Page 3 January 17. 2023 ADDENDA 54 1054 Engineering Analysis of Parcel 701 State Road 9 (1-95) Financial Pro e31.93w_2...-o..1......ww_.�._........... .. Palm ._ew.achN.County, .�..F., Florida ................ This Easement shall expire upon the completion of this transportation project but not later than the last day of July 2029. Parcel 701 is located along the east boundary of the property and measures 5 feet in width along the north property line and 5.24 feet along the existing Limited Access Right-of-Way line along Gateway Boulevard and measures 21.79 feet in length along N. W. 1St Street for an area of 105 square feet. A copy of the FDOT Legal Description for Parcel 701 is included in this report. The attached "Parcel Sketch" identifies the parent tract dimensions and details Parcel 701 as defined by the FDOT Right-of-Way Maps. Existin-Condition The Parent Tract property for Parcel 701 is a portion of Lot 40, Block 22 of "Rolling Green Ridge First Addition" as recorded in Plat Book 24 at Page 223 in the Public Records of Palm Beach County, Florida. The remaining portions of Lot 40 have been included in the Gateway Boulevard Right-of-Way. The 0.018 -acre Parent Tract is located within the City of Boynton Beach, Florida and is vacant. Grass, native shade trees and bushes are located along the north property line. Access to the site is possible from N. W. 1sT Street. No designated driveway to the property is provided. A five (5) -foot wide utility easement and a one (1) foot wide private utility easement is located along the north property line and a 3 foot by 15 foot long public utility easement is located along the east side of the property abutting the N. W. 1St Street Right -of -Way. The attached sketches entitled, "Existing Conditions Sketch" identify the existing roadway improvements adjacent to the subject property and existing on-site improvements on the subject property. No site improvements are located within the Parcel 701 based on our site inspections on December 12, 2022. Utilities Domestic water and sanitary sewer disposal improvements are available from The City of Boynton Beach Utility Department along N.W. 1St Street. Pro posed Conditions The Florida Department of Transportation has provided Initial Engineering Plans dated October 27, 2022, prepared by HNTB Corporation, to assist in preparing this Engineering Report. The proposed project includes the widening of State Road 9 (I-95) including auxiliary lanes and ramps and widening of Gateway Boulevard including additional travel lanes and turn lanes with a raised landscape median, bike lanes and sidewalks along Gateway Boulevard and intersection Sexton Engineering Associates, Inc. Page 4 January 17, 2023 ADDENDA 55 1055 Engineering Analysis of Parcel 701 State Road 9 (1-95) Financial Project No.: 231932-1 Palm Beach County, Florida improvements at side streets including N.W. I" Street. The proposed acquisition of Parcel 701 will be utilized to harmonize the proposed roadway and sidewalk construction with the remainder property. We have reviewed the affected property after the proposed acquisition and have prepared the attached sketches entitled "Proposed Conditions Sketch". These sketches include the proposed roadway improvements as detailed in the FDOT Initial Engineering Plans along the subject property and within Parcel 701 and locates existing improvements on the property based on the FDOT Design Survey and our site inspection of the property. Based on this review we have concluded that the acquisition of Parcel 701 will not impact the remainder property. The Gateway Boulevard frontage will be improved with a pond for roadway surface water storage. Vehicular access to the property will not be available from N. W. I" Street. Any future access would require permitting for access along N. W. I't Street. Conclusion The proposed right-of—way acquisition and roadway improvements will have no adverse impact to the vacant property. No access will be provided to the property for future development as part of this project. The Temporary Easement Parcel 701 consists of 105 square feet and will be utilized to harmonize the driveway and sidewalk improvements with the remainder property, Sexton Engineering Associates, Inc. Page 5 January 17, 2023 ADDENDA 56 1056 Item/Segment No. 2319321 Section 93220-2562 01-28-20 Temporary Easement Parcel No. 701 State Road 9 (I-95) Palm Beach County Description A portion of Lot 40, Block 22, ROLLING GREEN RIDGE FIRST ADDITION, according to the plat thereof, as recorded in Plat Book 24, Page 223, of the Public Records of Palm Beach County, Florida, lying in Section 16, Township 45 South, Range 43 East, as shown on Sheets 4 and 8 of the Florida Department of Transportation Right of Way Map for State Road 9 (Interstate 95), Item/Segment No. 2319321, Section 93220-2562, being more particularly described as follows: BEGIN at the Northeast Corner of said Lot 40, also being a point on the Westerly Existing Right of Way line of Northwest 1St Street; thence South 01°31'25" East along said Westerly Existing Right of Way line, a distance of 21.79 feet to a point on the Northerly Existing Limited Access Right of Way line of Gateway Boulevard; thence North 74'00'15" West along said Northerly Existing Limited Access Right of Way line, a distance of 5.24 feet; thence North 01'31'25" West, a distance of 20.21 feet to a point on the North line of said Lot 40; thence North 88°28'35" East along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 105 square feet, more or less. A temporary easement for the purpose of tying in and harmonizing said property and the driveways, walkways, etc., together with the right of access, ingress and egress, along with any other incidences necessary or convenient in connection with the construction to be undertaken by the Department, in State Road No. 9 (Interstate 95), adjacent thereto. This Easement is granted upon the condition that the sloping and/or grading upon the above land shall not extend beyond the limits outlined above, and that all grading or sloping shall conform to all existing structural improvements within the limits designated, and all work will be performed in such manner that the existing structural improvements will not be damaged. This Easement shall expire upon the completion of this transportation project but not later than the last day of July 2029. ADDENDA 57 1057 1058 PARENT TRACT AREA = 796 SF PARCEL 701 AREA = 105 SF ' l r I r I i I a 1 f I 1 i 1 I r ............. 1 , I I I 1 I 1 I I I � 1 11 I 1 Il I I i �I I 1 I 1 I I f 1 I 1 I I I I f 1 I I 1 1 II II t 11 ii I 1 11 it I �c 1 S'L'ATE ROAD NO. 9 INTERS? TE 95 PALM BEACH COUNTY COUNTY .. „ ., .., 1 I I i I � ' I 1 LINE D DETAIL 1 I �... BASEE�.„. E IN NOT TO SCALE p 75 30 ..._ �� ESMT. EASEMENT i ..,_...... P PLAT PB PLAT BOOK A701 ri °o Iii li 1� I i N PG PAGE „�� EX EXISTING o" Nm III „w STATION - N011 12 w II 1 ORB OFFICIAL RECORD BOOK`t,r."°"".us II t cI I { I 'C .....5 p ,25, .�. AREA SUMMARY 1-` 21 PARENT TRACT AREA = 796 SF PARCEL 701 AREA = 105 SF ' l r I r I i I a 1 f I 1 i 1 I r ............. 1 , I I I 1 I 1 I I I � 1 11 I 1 Il I I i �I I 1 I 1 I I f 1 I 1 I I I I f 1 I I 1 1 II II t 11 ii I 1 11 it I �c 1 S'L'ATE ROAD NO. 9 INTERS? TE 95 PALM BEACH COUNTY COUNTY G z m w o t,o -+ ao cx .L• w d 44 Il I I n u u Z"I LOT 39, BLK. 22 mil ROLLING ADEDITEN ION GE ;d?1, P,B- 24, PG. 223 11 N LOT 40, Z" 't p"g.. 1t 1 ROLLING GREEN RIDGE tD m c v u FIRST ADDI(ION DI J� 1 P.B. 24, PG. 223 Ivb II AI ,° �Iw II C71 - 1 W1I 39 SEE DETAIL (701 mitp_it1 it 111 '. C.I _ — - n I n n I II i 11 f IIJ II it ft If 1t I 11 It I II I II 26 tII tll I / tl I 1 ;I i I i THIS IS NOT A SURVEY SEXTON ENGINEMOG ASSOCIATES, INC. CamLTING EAGINEERS AND SuRYEYORS I W POWE LIE LM STREET. SUITE CO A71'AL PALL BEAM, FHIR/t1/ M& PHNE Sd1-792-SrYB FAX W-792-30 FL AEGISTAATXINS7 LWOOS A. EB 0007W PARCEL SKETCH PARCEL 701 ADDENDA 59 1059 1 I I i I � ' I 1 1 ;i 1 m x 1 I I � 1 I I r I > I i t rn/ < i I 11 1� I i N i II Ii 1 I it �rn G z m w o t,o -+ ao cx .L• w d 44 Il I I n u u Z"I LOT 39, BLK. 22 mil ROLLING ADEDITEN ION GE ;d?1, P,B- 24, PG. 223 11 N LOT 40, Z" 't p"g.. 1t 1 ROLLING GREEN RIDGE tD m c v u FIRST ADDI(ION DI J� 1 P.B. 24, PG. 223 Ivb II AI ,° �Iw II C71 - 1 W1I 39 SEE DETAIL (701 mitp_it1 it 111 '. C.I _ — - n I n n I II i 11 f IIJ II it ft If 1t I 11 It I II I II 26 tII tll I / tl I 1 ;I i I i THIS IS NOT A SURVEY SEXTON ENGINEMOG ASSOCIATES, INC. CamLTING EAGINEERS AND SuRYEYORS I W POWE LIE LM STREET. SUITE CO A71'AL PALL BEAM, FHIR/t1/ M& PHNE Sd1-792-SrYB FAX W-792-30 FL AEGISTAATXINS7 LWOOS A. EB 0007W PARCEL SKETCH PARCEL 701 ADDENDA 59 1059 LEGEND: ......... .._ 1 11V j'" 1 II 1 1 1 I At `` IF I, 11'J h 14111 t i IdIU' li ® BUMPER WOOD Pp CABLE T.V. BOX...._.. CE CENTER LINE � I 1 I 1111IId � Ic1c��+�i II i �',�J'lJl I IiJ+UI�r I I I I TELEPHONE I CLEAN OUT ' COLUMN PULL BOX LJ ELECTRIC BOX FIRE HYDRANT ) TREE GUY WIRE„ I I PALM TREE )L PROPERTY LINE @ BASELINE o --o LUMINAIRE STANDARD _ TELEPHONE POLE C) MANHOLE y, II NI, II 11 II� �II Ilk � 111 I,IN II � I Il II 111 /II I II 1 11V j'" 1 II 1 1 1 I At `` IF I, 11'J h 14111 t i IdIU' li _ rll' 1111 II y I II WOOD Pp ' CONC. pP`.,, 11 11111 II 1 II 1'11 111 II� � I 1 I 1111IId � Ic1c��+�i II i �',�J'lJl I IiJ+UI�r I I I I I ,.,CHA ' 111 Il t U) i II C I rCn it 1 i Ili 111 V /</``''�� ) I II m ' 1111 II I I rr I I II 111111 � � � I ��F1gleall "Ip 1 Ik Ahu _ I 1`u w II ' II 11 I� II NI, II 11 II� �II Ilk � II GUY WIRE /WOOD PP CONC. SLAB„ Y '....•L. L WOOD Pp CONC. pP`.,, 3 CONC. SLAB-�J WOOD PP ,; li t; ,.,CHA BUSH *4t I , M OVERHANG ELECTRIC I `JJ`11 1 I .I GRASS I 6, I I II I GUY WIRE I I IYi I I I � GRASS I 0 15 30 44 LOT 39, ILK. 22 ROLFIRST ADEDI7I( RIDGE P.B. 24. PG. 223 /WOOD pp I I II I CHAINLINK FENCE II , (6' HIGH) 11 J II , 11 Ilm u it 4 n It V.. 11 'I Illill� „III J �N it r Ii 11").. N `'•.. EM ECT 701 'I ' '•.. .... 1I 1 1 3 1 i II I _` y/{ r111 a II w I II `N C� - - -RAIN WATER I DRI' / /II II i II i It it �I a 1 1 It n J � 1 11 1 I "r tll' II )i STATE ROAD NO. 9 INTERSTATE 95 PALM .BEACH COUNTY COUNTY ADDENDA II` �.., _ SENSOR / ,• GRASS "• I II , II 1j11 Ili it EDGE OF PMENT-1 �„` EWAY ; r . / II it IIJ ,r� r I 1l Ilii 26 II THIS IS NOT A SURVEY SEXTON ENGINEERING ASSOCIATES, INC. COYSLRrIss EWINEERS AND S/RVEnM U0 POM DIF LEM SrAFEro wlrE IOi /OrAL PALM 9EXHo FLORIDA J" PHWE 561-M-3= FAY 551-r9Y-50 FL. )W61SrHATIGIM MOO M9. E9 GaVW4 60 EXISTING CONDITIONS SKETCH PARCEL 701 rKYlil 141 1060 ID BUMPER CABLE T.V. BOX CENTER LINE ,y�, TELEPHONE [}r, CLEAN OUT ® ` COLUMN PULL BOX LI ELECTRIC SO FIRE HYDRANT TREE --> GUY WIRE PALM TREE f{' PROPERTY I.7NE BASELINE ria LUMINAIRE STANDARfJ TELEPHONE POLE Ci MANHOLE t I N� `--s Lo 1 I I b MSE WALL & POND 2 TRAFFIC RAILING W/ �-- PEDESTRfN B1[[[YCLE BULLET F{AILINQ. I -rn MSE WALL &. I TRAFFIC RAILING PEDESTRIAN BIC' BULLET RAILING. N uO FnL D I I 0 15 30 44 R LOT 39. BLK. 22 II'4l1 ROLLING GREEN IDGE FIRST ADDITION ,v .�✓p P.B. 24. PG, 223 WOOD PP a ry I { it I CHAINLINK /1 it Nyu V� POND I M,4: 11, lmv c W �1 �ro in ~• I 39 .,... a' (701 EXI ' tl I Ip1 �..�,.....,. .M� +„. 11 it ,�,.....�, r d NE GRAS.. .. p CONC SIDEWA a.-•„•. � t STRE"1 � s ET��.n a...„.....„. w..... ,.... U” . ------' f 11 II 26 111 1!11 1 LMS IS NOT A SURVEY SEXTON ENGINEERING ASSOCIATES, INC. STATE ROAD NO. 9 PROPOSED CONDITIONS SKETCH INTERSTATE 95 Ct MLTlBG EWNEERS AND SURVEYOPS PARCEL 701 W POWE TE LEOM STREET, SUITE M PALM BEACH COUNTYCOUNTY pfi P"I" W� Ft°"� ...._...� .. . E SN-79E&W, FA# 96r-75e-SA58 PRDI Ntl 2328 P"!Ol UAE 01/5)/2023 FG MIUSTRATOM lBOmw, EB I SCALE ) 30 SHEET 4 OF 4 ...._............ 51.. _... ............_.. www. ..ww_ 1061 62 1062 State Road No. 9 — Parcel 701 To: Curtis L. Phillips, MAI, Principal Callaway & Price, Inc. 1120 Palmetto Avenue Melbourne, FL 32901 From: England-Thims & Miller, Inc. 1411 Edgewater Drive, Suite 200 Orlando, FL 32804 RE: Parcel: 701 Project: State Road No. 9 Palm Beach County (231932-1) Date: January 27, 2023 General Information PreparedBy: .............................................................................................. Doug Kelly, AICP ETMProject No.: ............................................................................................... 22256.00000 Project: State Road No. 9 Palm Beach County State Project No.: ................................................................................................ 93220-2562 Property Owner: ................................................................................. City of Boynton Beach ExistingUse: ................................................................................................................ Vacant Parcel ID: ....................................................................................... 08-43-45-16-01-022-0400 Property Address: ............................................................................................ NW I 't Street Jurisdiction: ........................................................................................ City of Boynton Beach Parent Tract Area: ................................................................................... (796 SF) 0.018 AC Temporary Easement (701): ................................................................... (105 SF) 0.002 AC Remainder Area: ....................................................................................... (796 SF) 0.018 AC ADDENDA 63 1063 Before Site Condition Anal sis Location: The Parent Tract is addressed as 0 NW 1St Street and is currently vacant. The property is located on north side of Gateway Boulevard and west of NW 1 St Street. Size: The Parent Tract measures (796 SF) 0.018 AC acres in size. Shape: The Parent Tract is a triangular -like parcel. The site is approximately 21.79 feet in length and 99.48 feet in depth with approximately 102.49 feet of frontage along Gateway Boulevard. Use: The Parent Tract is a vacant non -buildable parcel owned by the City of Boynton Beach. Zonin : The Parent Tract is zoned Single Family Residential (R-1) and is one of nine residential zoning districts in the city. The purpose of the R-1 zoning district is to implement the low density residential (LDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage single-family dwellings and structures at densities no greater than seven and one-half (7.5) dwelling units per acre and allowing limited types of non-residential uses. Table 1. Lot and Building Standards for R-1 Zoning The Parent Tract is located within one of the City of Boynton Beach's two Opportunity Zones (#12099005701). According to the Internal Revenue Service, Opportunity Zones are an economic development tool that allows people to invest in distressed areas with the purpose to encourage economic growth and job creation in low-income communities while providing tax benefits to investors. The designation is meant to encourage new development and redevelopment within the zone. Future Land Use: The Parent Tract's Future Land Use (FLU) is designated as Low Density Residential (LDR) as well as surrounding properties. The LDR FLU is consistent with the R-1 zoning district. Policy 1.3.1 of the City's Comprehensive Plan describes the Residential Future Land Use Categories intent is to provide a mix of available residential densities to accommodate ADDENDA 64 1064 Minimum Lot Area 6,000 SF 796 SF Minimum Lot Frontage 60 Feet 21.79 Feet Minimum Lot Depth Not Applicable 102.49 Feet Front Yard Setback Minimum 25 Feet N/A Rear Yard Setback Minimum 10 Feet* N/A Interior Side Setback Minimum 7.5 Feet N/A Street Side Setback Minimum 25 Feet** w. N/A Maximum Building Height 30 Feet N/A **On corner lots, the side setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a corner lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. The Parent Tract is located within one of the City of Boynton Beach's two Opportunity Zones (#12099005701). According to the Internal Revenue Service, Opportunity Zones are an economic development tool that allows people to invest in distressed areas with the purpose to encourage economic growth and job creation in low-income communities while providing tax benefits to investors. The designation is meant to encourage new development and redevelopment within the zone. Future Land Use: The Parent Tract's Future Land Use (FLU) is designated as Low Density Residential (LDR) as well as surrounding properties. The LDR FLU is consistent with the R-1 zoning district. Policy 1.3.1 of the City's Comprehensive Plan describes the Residential Future Land Use Categories intent is to provide a mix of available residential densities to accommodate ADDENDA 64 1064 a variety of housing types sufficient to meet the needs of the present and projected population of the City, including the provision of adequate sites for housing very low-, low- and moderate - income households and for mobile and manufactured homes. The Low Density Residential future land use category allows up to 7.5 dwelling units per acre. In addition to dwelling units, other land uses in support of the residences may also be appropriate. However, the property is a remnant parcel and is not a legally buildable lot. Permitted uses include: • Home Occupations; • Parks, playgrounds, golf courses, open space and other outdoor recreational facilities and recreational, civic or cultural buildings ancillary to the primary outdoor recreational use of the site; • Community facilities designed to serve the residential area, such as elementary, middle and high schools, churches, day care centers, governmental administration, police and fire protection facilities, libraries and civic centers; group homes and nursing homes or related health-care facilities which are comparable in density, character and impact; • Public utilities including transmission facilities, pumping and transfer stations; excluding water and wastewater treatment plants, landfills and electric power generating facilities; • Mobile home parks which shall conform to the density shown on the Future Land Use Plan; however, mobile home parks in which the residential density exceeds the maximum density shown on the Future Land Use Plan shall be permitted to continue at the existing nonconforming density until the use of the entire mobile home park is terminated; and • Retail, restaurants, personal and other services as accessory. Parking: The site is vacant and does not contain any parking areas. Landscalnf; Chapter 4, Article 2, Section 1 of the City's Land Development Regulations exempts single family residences from landscaping requirements. Non Conformities: The site does not meet the minimum lot size of 6,000 SF as required by the R- 1 zoning district nor the minimum lot frontage requirement of 60 feet. Eminent Domain Police : The City's Land Development Regulations Chapter 2: Land Development Process, Article Il: Planning and Zoning Division Services, Section 7: Other Applications provides information on Certificates of Conformity. The purpose and intent of this subsection is to set forth a uniform procedure to excuse any existing nonconformance of a parcel due to the necessary expansion of an abutting right-of-way such as through eminent domain action by the city or other governmental entity. Any nonconforming parcel so created shall be deemed a conforming parcel upon the issuance of a certificate of conformity as provided herein. ADDENDA 65 1065 Aqqyisifion p;The proposed acquisition is a Temporary Easement (Parcel 701) measuring (105 SF) 0.002 acres for the purpose of tying in and harmonizing the property and the driveway and sidewalk. After Condition Analysis __ ... ... . ....... — �Size: (796 SF) 0.018 AC Shape: The tract will remain triangular in shape. Use: The site will remain vacant. Zoni,pu/FLU: Not affected by the acquisition. Parking: The proposed acquisition will not impact parking as the site is currently vacant. The acquisition will not affect the landscaping requirements. Non -conformities: The acquisition will not create any new non -conformities. Please feel free to contact me at (407) 286-8583 if you should have any questions or comments. Sincerely, ETM., Inc. Douglas Kelly, AICP Land Development Planning Manager MR 4 1066 PROJECT R.ESO►LUTION SKEET ADDENDA 67 1067 MEMORANDUM DATE: July 8, 2022 TO: Mr. Carlos Martinez, District Right of Way Manager FROM: Jeffrey D. Smith, District Surveyor & Mapper BY: Luis A. Gaztambide COPIES: Thuc Le, Daniel Marwood, Ivana Robinson, Legal, D4 -RW Records and Funds, D4 - RW TSU SUBJECT: R/W PROJECT INFORMATION FOR DEPARTMENT RESOLUTION PREPARATION Item/Segment Number: 2319321 Section: 93220-2562 Federal Project Number: D420 -038-B State Road Number: 9(1-95) County: Palm Beach Limited Access Project X YES NO Limited Access Municipal Consent Resolution Required X YES NO City/Municipality: Right of Way Map Dated: Ci y of_Boyntonw_Beach June 30, 20222 Description of Right of Way Project Limits: - Gateway Boulevard Interchan„fie S.R. 9 ...I....95j. at.. . ADDENDA 68 1068 QUALIFICATIONS ADDENDA 69 1069 Qualification -Curtis L. Phi/lips, MA/ Professional,Designat.ionsLicenses.C.ertifications Member, Appraisal Institute, MAI Designation #11762 - July 2001 Cert Gen RZ2085 Florida Licensed Real Estate Broker #BK0587137 Professiona_I_Exi eri.ence Principal, Callaway & Price, Inc. - since January 2002 Appraisal Consultant, Callaway & Price, Inc. - since January 1994 Associate Appraiser, Boutin, Brown & Butler Real Estate Services - 1992 to 1993 Researcher, Callaway & Price, Inc. - May 1990 to August 1990 Qualified As An Expert Witness Brevard County, Florida & Special Master Indian River County, Florida Broward County, Florida Federal Aviation Adm., Washington, DC Federal Court, Orange County Polk County, Florida Education Sarasota County, Florida Glades County, Florida Hendry County, Florida Putnam County, Florida Osceola County, Florida & Special Master Palm Beach County, Florida Bachelor of Science Degree in Real Estate, Florida State University Associates of Arts Degree, 1990, Brevard Community College Appraisal Institute; Standards of Professional Practice, Part A, August 1993 Standards of Professional Practice, Part B, August 1993 Standards of Professional Practice, Part C, November 1998 Single -Family Construction, August 1994 Real Estate Evaluations in the Appraisal Industry May 1995 Advanced Sales Comparison and Cost Approach, June 1995 Advanced Income Analysis, August 1995 Highest and Best Use & Market Analysis, October 1995 Report Writing & Valuation Analysis, April 1996 Advanced Applications (Case Studies), April 1997 State of Florida Core Law, November 2008 Environmental Hazards/Appraising Wetlands, October 2000 State of Florida Law Update, October 2000 Appraising Conservation Easements & Less than Fee Interest, October 2000 Analyzing Commercial Leases, March 2002 Litigation Appraisal, June 2002 Attacking & Defending an Appraisal in Litigation, March 2003 Subdivision Analysis November 2003 70 ADDENDA 1070 N kv ......d—^Qualifications-Cutts L.1Phillips,M MAI -�.�...__..o�...�o....,.a..............._.......,a...........�o�......�����..m............a._.....�....w�...... Education, - Continued Real Estate Finance Value and Investment Performance, September 2006 Appraising the Tough Ones, September 2006 Appraisal Consulting, September 2006 Real Estate Finance, Value & Investments September 2006 Business Practice and Ethics, November 2006 Florida Appraisal Laws and Regulations, November 2006 IFREC 14 hr CE for Real Estate September 2007 Reviewing Residential Appraisals November 2007 Leadership Development and Advisory Council Appraisal Institute April 2008/2009 Identify & Prevent Real Estate Fraud September 2008 Supervisor Trainee Rales and Rules October 2008 Quality Assurance in Residential Appraisals October 2008 Florida State Law for Real Estate Appraisers October 2008 National USPAP Course November 2008 MLS Brokers Ethics Seminar December 2008, 2015, 2018, 2020 Leadership Development and Advisory Council Appraisal Institute 2009 & 2010 Florida Law July 2010 USPAP Update Course July 2010 Supervisor Trainee Roles & Rules July 2010 Condemnation Appraising: Principles & Applications October 2010 Central Florida Valuation June 2011 Appraisal Overview February 2011 Fundamentals of Separating Real, Personal Property & Intangible Business Assets Feb. 2012 Florida Law & USPAP Update July 2012 Candidate for Designation Advisor October 2012 Central Florida Real Estate Forum 2012, 2013, 2015, 2017, 2018 & 2022 The Appraiser as an Expert Witness December 2013 Florida Law 2014, 2016, 2018 7 -Hour National USPAP Update 2014, 2016, 2018, 2020 & 2022 20 -Hour Appraisal Review B — FDOT 2016 & 2018 Business Practices & Ethics 2016, 2018 & 2022 Bert Rodgers Schools 14 -Hr Real Estate CE (w/ Ethics & Core Law) 2019 McKissock Continuing Education 2022 Supervisor Trainee Course 4 hours Learning from the Mistakes of Others - Appraisal 3 hours Fundamentals of Expert Witness Testimony 4 hours The Journey from Analysis to Adjusting 4 hours FDOT Appraisal Review "B" 20 hours Continuing Education 2022 Geogra,t hic Experience Throughout Florida; Alabama; Tennessee A;�;;wirai.swi_no_�,Ca,n,sultln..� Ext:�ertwise Acreage/Agricultural Marinas Bowling Alleys Office Buildings Commercial Buildings Residences Eminent Domain Retail Buildings ADDENDA 71 1071 Environmentally Sensitive Lands Feasibility Studies Foreclosures Hotels Industrial Low Income Housing Projects L ticlation AI?I raisal.Assignment - Trials Nanzi vs. Nanzi Florida Community Bank vs. Keenan PNC V Turtlemound Pointe, LLC RBC V The Villages Qualifications—Curtis L. Phillips, MAI Service Stations Shopping Centers Utility Plants Vacant Land/Ranches Warehouses Citrus/Sugarcane General Development Utilities -vs -Port St. Lucie Suncoast Parkway Western Beltway, Osceola and Orange Counties State Road 60, Indian River County Right -of -Way State Road 5, Brevard County Right -of -Way State Road 5, Brevard County Right -of -Way State Road 600, Osceola County Right -of -Way State Road 20, Putnam County State Road 80, Hendry/Glades County State Road 542, Polk County State Road 45A Venice By -Pass, Sarasota County State Road 70, St. Lucie County Orange County- Various St. Lucie County - Various Brevard County -Various Indian River County - Various Martin County -Various O...rga0Jzation5...and..._Aff.liatiwons Appraisal Institute, East Florida Chapter, Board of Directors and Regional Rep 2020- 2022 Appraisal Institute, East Florida Chapter, Regional Representative 2019 Appraisal Institute, East Florida Chapter, Vice -President 2019 Appraisal Institute, East Florida Chapter, President 2013 Appraisal Institute, East Florida Chapter, Vice -President 2012 Appraisal Institute, East Florida Chapter, Treasurer 2011 Appraisal Institute, East Florida Chapter, Secretary & Regional Representative 2010 Appraisal Institute, East Florida Chapter, Board of Directors 2008-2010 Appraisal Institute, East Florida Chapter, Leadership Advisor and Development Council Appraisal Institute, National Chapter, Member Florida State University, Real Estate Society, Member Brevard County Seminole Boosters Melbourne/Palm Bay Chamber of Commerce Member Melbourne/Palm Bay Chamber of Commerce Ambassador, 1998-1999 MIN R ► 71 72 1072 Jill 11 111 Fff/TM./1iJJ 1 1111111 lJ!jfiffgffLU..mv"f-'fi 1110`111 1 1 'R West Melbourne Business Association, 2000 President flax j STATE OF FLORIDA MeLwle 5, Q Jffln' Semixy d fl/ PARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA boom 7/ '2 '7771T'77' �A ,jEAPPRAISAL BD HtR , MR,47ERTSED UNDER THE A 1) 1 UTES 0AVt""UjT EXPIRATION DATE: NOVEMBER 3,0,2024 Nways ver&y ficenses onfine at MyRoridaUcenw cnfr� J)U not Ater thi dowfillo'" in InY firmn, lhh; G5 vow Hcosse, it N wlJ)Awfu4 tol anyorte other "lan the fico see kkme this do(wrient. 73 ADDENDA 1073 PROFE SSIONAL EXPERIENCE: t I R NUNN X ROTA 11 awrl RELATED EXPERIENCE: Mr. Sexton. has over 44 years experience in the civil engineering and surveying industries with special emphasis on transportation, engineering, highway design, land development, rigbt-of-way mapping and right-of-way acquisition services. His expertise has developed into several areas including project management, transportation planning, highway design, drainage design, surveying, right-of-way mapping, land development and eminent domain services. Additionally, Mr. Sexton has participated in major transportation engineering projects from project planning (PD&E), ROW Mapping, appraisal an1' r o kDff&DA PQ 1074 Michael F. Sexton, P.E., P.S.M. Chief Engineer IF/Principal Environmental, Social and Alternate Systems Studies Project Development and Environmental (PD&E) Studies UA, 110 Ponre de Leon Street - Roy -,fl Pahn Beach, FL 33411 11, Phone:: 561..."'792 312 110 F`av 56p 9 -3168 -Eniailoffice 0 Elkk4yseeehig Businez Nm 0007864 Surveying & klappKaAg Busiwsq No,, O(X)683'7 ADDMUM 1076 Chief Engineer lIfPrincipal Highway Design — Roadway 110 Ponce de Lcon Skreet -Ruya� Palm Beach, F1.11411 - Phionca 561 -792 -IM - Fam 561492-3168 - Email. Engineering Thminess INi a, OW7864 & Poupp�nu Bushness, No, (XX,)(,AS7 AMBHWA 1077 NTUM TM M F999=ffl1WJ—XPW1%"T Chief Engineer II/Principal World Dressage Complex, Wellington, FL Improvements to an equestrian facility, including stables, a covered arena, horse wash facilities, riding rings, bridle paths, and a paved parking lot. Responsible for master planning, engineering design, surveying, permitting, and construction observation. Wellington Country Place PUD - Parcel B, Pod E and Pod F, Wellington, FL Master planning, envirom-nental permitting and design for 250 -acres of equestrian residential subdivisions. Design included grading and drainage for roadways and lots, water distribution system, wastewater collection system, surface water management design and signing and pavement marking. Grand Prix Village South, Wellington, FL Master planning, environmental permitting and design for 80 acres of equestrian residential subdivisions. Design included grading and drainage for roadways and lots, water distribution system, wastewater collection system, surface water management design and signing and pavement marking. Point at Wellington Green Civil Engineering design, plan preparation and permitting for the addition of one additional access point to a regional all property in western Palm Beach County. Palm Beach International Equestrian Center, Wellington, Florida Civil engineering, Land planning, stormwater permitting, and land development consulting for a 500 acre major equestrian, commercial, and residential development project for Wellington Equestrian Partners Lake Pointe Ranches, Point Mayaca, FL Civil engineering and land surveying support for permitting a major residential project in western Martin County. Palm each Polo Stadium, Wellington, Florida Civil Engineering design, stormwater management, permitting, and construction observation for redevelopment of a major recreation facility. Holloway Plaza, Palm Beach County Civil Engineering design, stormwater management, permitting and construction observation for the development retail center and gasoline station in central Palm Beach County. Gaitlin Boulevard Center, St Lucie County Civil engineering, surveying, platting, permitting and construction monitoring for a commercial center in St. Lucie County, I-lighland Dunes (State Road 80), Palm Beach County Engineering support and land surveying for offsite improvements to 5 miles of State Road 80 in western Palm each County. Tivoli Lakes P.U.D., Palm Beach County, Florida Civil engineering design, storm water management design, platting, permitting, and construction observation for development of a 325 single family residential development in western Palm Beach County, Florida. Ed Morse Honda, Riviera Beach, Florida Land Planning, civil engineering design, permitting, and construction observation for development of an Macre acre major automobile dealership. Wellington Business Center, Wellington, Florida Construction observations and permit review for the development of industrial and professional office space. Boca Gardens P.U.D. Land planning, platting, civil engineering, construction monitoring, and land surveying for a 700 unit multi -family residential development in southern Palm Beach County. Boca Marina Subdivision Land planning, zoning, platting, civil engineering and land surveying for a single family development in south eastern Palm Beach County. Eastpointe.P,U.D. Land planning, site planning, platting, civil engineering, construction monitoring, and land surveying for a 900 acre residential and golf course development in northern Palm Beach County. q 10 I'mwe de Lcoii Smo - R(kya8 Pohn Beach, FL 11411 -Phorw: 61-.'x"92 ,;iy22 - Fax: 3611 792 3168 - Elnuffl: Uarinee6ing Flusives,,; Nirp. 0[0781(A Suimeyinp &h�tklpping Bu,,iwssNio. Off*837 AddMUDA lm 1078 EDUCA1 01q MA, Urban and Regio Planning, University of Flordid in l tj .0 ]�,Wkg_e of ii�xxastrt. ,, J nin Mnd Plan 191 BA, Urban Studies, 3 -Year Minor in Architecture and Building Construction, University of Florida, 1987 TE AIRS Total: 34 with ETM: <1 R!�,�,10ST�Rffl IOW Planners No. #1 1N 0!1111]R fl!:ICATI014S' Certified Site Inspector (CSI) Trial Certified as Expert Witness in FL and IN AIC P, National Continuing Profbssional Development Certification Program FL Attorney General's Office - OPTED Training Program Florida IMain Street Manager's ADdNff4NWg Program Doug 1<&Hly, kQ�3, CS� I ar'd I�)ev&bpment IIS Elim Manager Englatid . .... I KiiIiis & WHer, Inc. States as a private sector land development consultant, Mr. Kelly's clients include the top retailers such as Publix, Target, CVS Caremark, Walgreens, Fifth -Third Banks and Kohl's during their entry into the Southeast market. Prior to working in private land development, Mr. Kelly spent 11 years working in the publi sector providing development review, zoning administration, concurrency management, preparing developer agreements, prop -share agreements, comprehensive plan and land development code updates. He currently manages on-call planning and zoning consultant services for several smaller communities in Central Florida and has served 23 other communities In Florida providing development review and comprehensive planning servicl on an on-call basis. Mr. Kelly is currently responsible for providing predevelopment feasibility studies, site analysis, land use entitlements (comprehensive plan amendments, rezones, special design to CO for mixed-use projects, and retail, office, industrial, single-family and multifamily residential projects, He has extensive experience in permitting large-scale, mrAval-m me1b4h4q #r_vc4epY.&,t Impact (DRI). He often represents clients and local governments at technical review meetings and other crucial municipal and community involvement meetings. AIi�!:1�]UATQN& • American Institute of Certified Planners, Member • American Planning Association (APA), Current State Vice -President of APA -FL Section Affairs 2nd Term • APA, Past President, (5 -county) Orlando Metro Section • Association of Eminent Domain Professionals (AEDP), Member City of Orlando Transportation Impact Fee Committee, Member Florida Planning and Zoning Association (FPZA), Past State President, Vice - President and Past Central Florida Chapter President International Council of Shopping Centers, Member Orange County High Technology Industries Committee, Former Member Sanford Main Street Association, Board of Directors, Design Committee Chairman, Former Member University of Florida College of Design, Construction & Planning Graduate School Advisory Committee, Current Member U.S. Highway 17-92/Seminole County Urban Design Committee, Former County Staff Liaison �)IiOJ!1°1m1C I' 111mXI!IEIZI EN C Permiffing Culver's, Hardee's, Starbucks and Tire Kingdom, Pre -Purchase Site Analysis, an� Development Permitting throughout Florida RM 1079 Doli g Kdly, kO�', C&I [.and Develupi nei it 1°�'Iali�l'flng Manager ffiig�and, I 1�ifiiis & Wller, Inc. CVS Caremark: Quick Looks, Pre -Acquisition Due Diligence, Conceptual Site Design, and Development Permitting throughout Florida (4 years) Fifth -Third Banks (K4 Architects and CBRE), Pre -Acquisition Due Diligence, Site Analysis and Development Permitting throughout Florida (3 years) KohIs Stores, Site Development Coordinator for Alabama and Florida (4 years) Publix Supermarkets, Shopping Center Design and Development Permitting throughout Florida • Target Department Stores, Development Permitting, West Central Florida • Walgreens, Development Permitting, North Central Florida Special Projects/Special Area Studies Annexations and De -Annexations (throughout Florida and Indiana) Carolina Florida/Downtown West Church Street Pre -Development Due Diligence/7-Block Master Plan, Orlando, Florida Resort and Hotel Pre -Development Due Diligence/Site Analysis Studies — International Drive Corridor (Universal Epic Universe) Impact Fee Analysis, Concurrency Encumbranc and Proportionate Fair Share Agreements (320 acres) I 1080 Dv,ig Kdy, AICP 'CSS 1 n DevO@q�)rneiit Plamnung Maiiageu�, Eriglandw I Khrris & Mdler, Ilkx. AIMAENPA� WA 1081 Doug Kdy, A103, C&� Land I�)ev&lqpnient h�°VIIamnh�ig Mariager land..... I hliirns & Wfler, hic Eminent Domain Acquison Analysis and Appraisal Support Services - For Condemning Authorities Works on behalf of FDOT District (1, 2, 4, 5 and 7), City of Orlando, Brevard County, Polk County, Marion County Orange County, Osceola County, Palm Beach County, Seminole County, Volusia County, Central Florida Expressway Authority, Florida's Turnpike Enterprise and Polk Parkway to provide site impact analysis, development code implications and cure support to engineering staff (1,000+ parcels), Litigation services included: - Pre-trial team preparation and strategy meetings - Participation in mediation proceedings to address land development code issues - Preparation of trial exhibits - Depositions, attendance at pre-trial hearings, and other court proceedings - Testimony at Order of Taking hearings and trials - Other services requested by the assigned attorney to successfully litigate and defend the condemning authorities' position in court (planning, zoning, site layout and LDC issues, etc.) Qualified as an Expert Witness Testimony on Annexation/Contractions, Comprehensive Planning in Florida, Zoning, application of Land Development Codes, permitting processes and procedures, and site development in Florida and Indiana Eminent Domain Condemnation Analysis and Appraisal Support Services - For Private Property Owners/Attorneys Polk County, Orange County, Osceola County, Seminole County, and Volusia County, Florida (approximately 90 parcels) AWAIZDS & IU'1111111�COGN�� 1 04: APA Florida San Felasco Section Award of Excellence: Waterway Protection Ordinance APA Florida Award of Excellence: Gainesville Illustrated Development Code APA Florida Conference Program Session Committee, 3 years APA National — National Conference Education and Session Selection Sub -committee, 2 years Florida Planning and Zoning Association, State Magazine Editor, 9 Years FPZA State Board of Directors Resolution: Continuing Contribution to the State Organization FPZA "Moof Directors Resolution: Served as 47th Annual at Conference Chairman Orlando Metro Section of APA Florida: AICP Training Course Instructor, 10 Years Panel Speaker at the APA -FL and APA National Conferences Presenter at the Florida Bar - Environmental and Land Use Law Section ADUMNM 10 1082 APPRAISAL REPORT COMMERCIAL PROPERTY 2191 NORTH SEACREST BOULEVARD BOYNTON BEACH, FLORIDA 33435 PARCEL 117/ 704 by Vance Real Estate Service 7481 Northwest Fourth Street Plantation, Florida 33317-2204 for City of Boynton Beach, Florida c/o Kerry L. Ezrol, Esquire Goren Cherof Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Date of Valuation: January 27, 2023 Date of Report: February 13, 2023 1083 Vance Real Estat,e, Service February 13, 2023 City of Boynton Beach, Florida c/o Kerry L. Ezrol, Esquire Goren Cherof Doody & Ezrol, P. A. 3099 E Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 RE: Parcel 117/704, 2191 North Seacrest Boulevard, Boynton Beach, FL 33435 (Legal description is in the report) Dear Mr. Ezrol: In fulfillment of our agreement, we transmit our Appraisal Report, in which we develop an opinion of Full Compensation for the partial taking from the cited property by the Florida Department of Transportation. Date of valuation is January 27, 2023. Full Compensation is the difference in the market value of the property before and after the taking, including any damages. The report sets forth our value conclusion, along with data and reasoning supporting our opinion. This report was prepared for and our professional fee billed to the City of Boynton Beach, FL. Our analyses have been prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP 2020-2023). This report is for exclusive use of the client for an Action in Eminent Domain. Jesse B. Vance, Jr. and Claudia Vance visited the property. If you have questions or further needs, please contact the undersigned. As a result of our analyses of factors and forces influencing value in the area, we have developed the following opinion, subject to definitions, certifications, and limiting conditions set forth in the attached report, that the subject is fully compensated on January 27, 2023 in the following amounts. Parcel 117, Partial Taking, Full Compensation: $647,270 Parcel 704, Temporary Construction Easement: $1,800 (THIS LETTER MUST REMAINATTACHED TO THE REPORT WITH ONE HUNDRED TEN (110) NUMBERED PAGES FOR THE VAL UE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA, ASA, MBA State -Certified General Real Estate Appraiser RZ-85 Claudia Vance, MAI State -Certified General Real Estate Appraiser RZ-173 MBA in REAL ESTATE MANAGEMENT & DEVELOPMENT 7481 Northwest 4" Street, Plantation, FL 33317-2204 954/583-2116 vancevalkatt.net 1084 TABLE OF CONTENTS Pate Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION 5 Photographs o the Subject Property 6 1-3-5 Mile Location Map 11 1-3-5 Mile Demographic Statistics 12 Summary of Important Facts and Conclusions 14 DESCRIPTIONS ANALYSES & CONCLUSIONS 16 I entity of Client and Intendeddd User 17 Intended Use 17 Identification of Real Estate Appraised 17 Ownership 17 Property Address 17 Legal Description 17 Real Estate Tax Analysis 18 Flood Zone 18 Market Area Description 18 Zoning & Land Use 23 Site Description 24 Improvement Description 25 Real Property Interest Appraised 26 Appraisal Purpose and Definition of Market Value 27 Effective Dates of the Appraisal and Report 28 Scope of the Work 28 Summary of Information Considered 29 Property History 30 Highest and Best Use 30 SALES COMPARISON APPROACH AS IMPROVED 34 Location Map of Improve Sa es 35 Improved Sales Documentation 36 Improved Sales Comparison & Adjustment Chart Valuation by the Sales Comparison Approach Improved 48 49 as SALES COMPARISON APPROACH AS VACANT 55 Location Map of Land Sales 56 Land Sales Documentation 57 Land Sales Comparison & Adjustment Chart 69 Valuation by the Sales Comparison Approach as Vacant 70 FINAL VALUE OPINION OF THE PARENT TRACT 74 Site Improvements on the Parent Tract 75 (Continued) 1085 TABLE OF CONTENTS (Continued) VALUATION OF PARCELS 117/ 704 76 Exhibits of Parcels 117/ 704 77 Valuation of the Part Acquired 80 Valuation of the Remainder Cured 81 Valuation of the Remainder as Part of the Whole 83 Damages to the Remainder 84 Cost -to -Cure 84 VALUATION SUMMARY & FULL COMPENSATION for PARCEL 117 85 VALUATION OF PARCEL 704 TEMPORARY CONSTRUCTION EASEMENT 86 Certification and Limiting Conditions 87 ADDENDA 89 Legal Descriptions of Parent Tract, Parcels 117 and 704 90 Building sketch of the improvement on the Parent Tract 93 Sexton Engineering Associates list of site improvements in Parcel 117 94 "C-1" Zoning excerpt 95 USPAP Standards Rule 2-2a 97 Qualifications of the Appraisers 101 4 1086 INTRODUCTION 1087 MAIN ENTRANCE TO OFFICE BUILDING ON PARENT TRACT RAMP TO MAIN ENTRANCE EAST BUILDING ELEVATION tr, uEll, NORTH BUILDING ELEVATION s 1088 COVERED AREA LEADING TO COVERED STORAGE slommm 1, mrlm CONFERENCE ROOM REFERENCE WORK AREA OFFICE NO. 2 0 WORK CUBICLE OFFICE REFERENCE WORK AREA 2 na ADA COMPLIANT RESTROOM 1089 l -w COVERED AREA LEADING TO COVERED STORAGE slommm 1, mrlm CONFERENCE ROOM REFERENCE WORK AREA OFFICE NO. 2 0 WORK CUBICLE OFFICE REFERENCE WORK AREA 2 na ADA COMPLIANT RESTROOM 1089 OFFICE NO. 2 0 WORK CUBICLE OFFICE REFERENCE WORK AREA 2 na ADA COMPLIANT RESTROOM 1089 l ld KITCHENETTE LOOKING NORTH ON SEACREST BOULEVARD LOOKING WEST ON REMAINDER PROPERTY LOOKING EAST AT THE PART TAKEN s LOOKING EAST ON GATEWAY BLVD. LOOKING SOUTH ON SEACREST BOULEVARD INNER LOOKING WEST ON GATEWAY BOULEVARD LOOKING EAST AT THE REMAINDER 1090 LOOKING SOUTH AT TEMPORARY CONSTRUCTION EASEMENT LOOKING WEST AT ANOTHER VIEW OF THE REMAINDER ADDITIONAL PHOTOS OF THE PART TAKEN AND REMAINDER s 1091 N O O T A � as II x 1-3-5 MILE RADII FROM VALUED REAL ESTATE 2191 N. SEACREST BOULEVARD BOYNTON BEACH, FLORIDA 33435 11 1093 'nie houselhold count In this area has changed (mm 92,974 in 2020 to 94,593 in the current year, a change & 0.77% annuaRy. The five-year pipiection of Imuseholds Is 915,133, a change of 0,32% annually from the airrent year total. Average household size is currently 2.43, corntmred to 2.43 in the year 2020. The number of families won the current year is 55,583 in the qwecified area. Dwbia "e: Income is expre%an ctmm* dofiars. 04mming AffordaNky Index and Pmtent of Inconw- for Mortgage rakiiiWons are only 4vaftbk ton.areas wAth 50 or rnare own,er-occuMed houskrg unks TwmarrA, U.S. Census Ekweatr,, E fbirecasts for 2022 and 2027, Esh converted Census 2010 data Inta 2020 geography. ... . . ............ Februawy 23, 2023 12 12 1094 esn" 2191 N SeacreStu' lvd, BoVnton Beach, Florida, 33435 Pm.pared by Esd Rings, 1® 3, 5 mile radii 11"M 6 7 7 I r"He 3 "les 5 mdes ftpukwon 2020 Population 16,535 95,i5w 201,205 2020 Population 181806 1,08,950 229,519 2022 Population 19,047 110,275 232,960 2027 Population 19,405 1,12,193 237,290 2010-2020 Annual Rate 1.30% L31% 1.33% 2020-2022 Annual Rate 0.57% 0.54% 0.66% 2022-2027 Annual rUte 0.37% 0.35% 037% 2022 Male Populatimi 48.5% 47.9% 483% 2022 Female Populaftn 51.5% 52.1% 51.3% 2022 Meftn Age 3%5 42,8 43.5 Ini the. identified area, the cunwit year population Is 232,%.'0. In 2020, the Urrsus count In the area was 229,519. The raft od' charwjesinn, e 2020 was 0,66% awwally. The five-year 1woJeWcm for the population in the ama is 237,25Yj re-Wesenting a diange of, 037% annualRy from 2022 to 20'27. Currently, the population Is, 48.7% irnale avid 51.3% female. Piledlon Age The medlian age In this arra Is 43.5, comrwred to U.S. rnedlarl age of 38.9, Race'aind 2022 White Aione 31.7% 48.4% 50.3% 2022 Bkw* Akme 49.3% 29.2% 23,,6% 2022 Afflericafro Indian/Maska Native Akme 0.5% 0.596 1.3% 2022 Asian Ak)n 1.3%, 2.4% 2.5% 2022 Il adflc Islander Pkme 0 .0% 0.0% 2022 Other Race 7.2% 7.4% 8.9% 2022 Two or More Races 10.01% 12.1% 13.3% 2022 Iftspanic Odgin (Any lUce) 183% 21.0% 25.1% Persons & fftrTkanic odgin reprer&nt 2.5i.1% of the Paul on In the Identified area cwwrW to 19.0% of the U.S,, population. Persons of Hispanic Odgin may The & any race. mn,we bivetV ty Index, wNd,n measures the probability that two, people from the sarne area w1fl tai* from different race/eftnic groujxi, is'79.1 in the Wentffied area, compared to 71.6 for the U.S. as a whole, "O""hwift 2022 Weaft',h Index 51 74 96 2010 Households 6,169 39,566 82,707 2020 Households 7,034 44,443 92,974 2022 Households 7,147 45,486 94,593 2027 HousehOds 7,3016 46,293 96,133 2010-2020 Annual Rate J-320% 1.17% 1.1,8%, 2020-2022 Annual Rate 0.71% 1.04% 0.77% 2022-2027 Amnual Rate O 44% 0.35% 0.32% 2022 Average Household Size 2.62 239 2 43 'nie houselhold count In this area has changed (mm 92,974 in 2020 to 94,593 in the current year, a change & 0.77% annuaRy. The five-year pipiection of Imuseholds Is 915,133, a change of 0,32% annually from the airrent year total. Average household size is currently 2.43, corntmred to 2.43 in the year 2020. The number of families won the current year is 55,583 in the qwecified area. Dwbia "e: Income is expre%an ctmm* dofiars. 04mming AffordaNky Index and Pmtent of Inconw- for Mortgage rakiiiWons are only 4vaftbk ton.areas wAth 50 or rnare own,er-occuMed houskrg unks TwmarrA, U.S. Census Ekweatr,, E fbirecasts for 2022 and 2027, Esh converted Census 2010 data Inta 2020 geography. ... . . ............ Februawy 23, 2023 12 12 1094 mm 2191 N.Swcrest Blvd, Boynton Beach, Florida, 33435 Rings. 1, 3, 5 mile radii Pre pareil by 11 x1 Current average houv%rfrold incorim Is $96,072 In this ama, campam-d to $1.05,029 for ag U.S. households., Aver &". household hwxme is Pro-Wted to be $114,438 in five years, ccwrqmred bD $122,155 for, aft S. households Current per, captta Tinane is $'38,993 in dw. airra, cornparW to the U.S. per, capka income of $40,363. The per rapkto Income Ws projected to be $46,,"2 in five yems, compared to $47,064 for atl U.S. howsehoWs It"A'A" 2072 hawAng Affco4al*ty Index 2010 Total Housing Units 2010 Owner Occupied Housing Units 2010 Renter Clampied tftusing Units 2010 Waint Housing Units 2020 TOW Housing thafts 2020 Vacant IH ousing Units 2022 'Tbtal 9-la"nq Unitq 2022 Owner CXxA4*.d Housing Unfts 2022 Renter Ommpied Housing Units 2022 Vacant Housing Units 20277ca$ HanAng Units 2027 Owner CVxujAoPd HousAng Unih, 2027 Renter Occupied Hwsing Units ;71177 Vacark Housing Units 154 1041 101 Lrrrtf -4,,3 ,,77 48,9% I ffifle 3 Ing" 5 rrilles S5,569 2,517 14,4192 27,141 2022 Percent of Income for Mortgage 156% 22.7% 23w4% Pl*dim t"Come 109,893 �1,364 7,689 2022 Median HousekAd Income $51,736 $61,403 $66,016 2027 "Ian Housefrdd Income $601009 $74,092 $79,008 2022-2027 kmmf R&W 3.03% 3X3% 3.66% A*"* #kmaoWd lacom 8,674 S4,11u11 113,007 2022 Aveirage Household Income $72,S42 W5,831 $96,072 20X7 Average Hauseho$d Income $87,931, $104,099 $114,430 2022-,2027 Annual Rate. 3.92% 3.69% 3.56% Por Caoft 2"Come 2022 For CApAs Inm,"e $27,430 36, "7",441',"33 2027 Per Caj*a InoDene $33,340 $43,214 $46,142 2022-2027 Annual Rate 3.98% 3.619% 3.51% HousehoW bV Income Curm. * meMan household Inconse L% $66,016 ln the area, compmvil to $72,414 for a0 U.S. houseliNds, Median household Income, N pr*ctL,d to be $79,008 in five years, comlyared to $84,445 (bi"afl U.S. hausediolds Current average houv%rfrold incorim Is $96,072 In this ama, campam-d to $1.05,029 for ag U.S. households., Aver &". household hwxme is Pro-Wted to be $114,438 in five years, ccwrqmred bD $122,155 for, aft S. households Current per, captta Tinane is $'38,993 in dw. airra, cornparW to the U.S. per, capka income of $40,363. The per rapkto Income Ws projected to be $46,,"2 in five yems, compared to $47,064 for atl U.S. howsehoWs It"A'A" 2072 hawAng Affco4al*ty Index 2010 Total Housing Units 2010 Owner Occupied Housing Units 2010 Renter Clampied tftusing Units 2010 Waint Housing Units 2020 TOW Housing thafts 2020 Vacant IH ousing Units 2022 'Tbtal 9-la"nq Unitq 2022 Owner CXxA4*.d Housing Unfts 2022 Renter Ommpied Housing Units 2022 Vacant Housing Units 20277ca$ HanAng Units 2027 Owner CVxujAoPd HousAng Unih, 2027 Renter Occupied Hwsing Units ;71177 Vacark Housing Units 154 1041 101 7,931 48,9% 102,964 3,663 25,064 S5,569 2,517 14,4192 27,141 1,762 91,420 20,257 8,398 52,132 109,893 �1,364 7,689 16,919 S.541 541,167 111,3112 3,522 25,695 S8,1554 3,625 19,7911 36,439 1,394, '7.681 16,709 8,674 S4,11u11 113,007 3,670 26,219 59,199 3,636 20,074 36,934 1,368 7,797 16A74 CwTvitly, 32.2% of Vie, 111,302 housing units in Vie ama are owner or.r.upled; 32.7%, renter mu Medi anid 1S.0% are vacarit. Cumently, lni the 11."3,, 58.2% of the housing units in the area are ovaier ewempied; 31.8% are renter oampied; and 10.0% are vacant. In 20,2 0, there, were. 109,893 hmming unks In the area and 15.4% vacait housing unks. 11w annual rat& ot 0ange In houslirkli units since, 2020 Is 0,S7%,. Median horne vahm W die area Hs $293,482, carripared to a medlarw home value of $283,272 for the U.S. In ftve years, medlan value Is projected to diange by 3.2'1% annually to $343,767. DMD HOW Incirme Is expressed M cxwrvn* dabrs. Plausk" Affonfatghty Index atid IO vt of tncarne fm Mung"e cakuWfions are Wy avaflibbk em weas wNh Sr or rinom owner-accupied kwausMq un.lLs. Womr4m. IU.S. Cpnsus Surebu, Eut forvaM fav 2022 and ar27 IWEwl auivened Census 2010 data Wo 2020 geography. F�Awuary 23, ;2023 I , I i 13 1095 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: OWNERSHIP: Office building 2191 North Seacrest Boulevard Boynton Beach, FL 33425 City of Boynton Beach, FL PO Box 310 Boynton Beach, FL 33425 LAND AREA: Parent Tract: 14,696 square feet or 0.337 acres Parcel 117: 9,714 square feet or 0.223 acres Remainder: 4,982 square feet or 0.114 acres Parcel 704: 124 square feet or 0.003 acres Parcel 117 is a partial taking of the parent tract. Parcel 704 is a temporary construction easement. IMPROVEMENTS: ZONING: APPRAISAL PURPOSE: INTEREST APPRAISED: CURRENT USE: HIGHEST AND BEST USE: Single family house converted to office containing 1,316 square feet of enclosed area, plus 95 square foot storage area, built in 1957. "C-1", Office Professional in the city of Boynton Beach, FL To develop an opinion of Full Compensation, which is the difference in the market value of the property before and after the taking, including damages, if any. Fee Simple Office building As vacant: Low intensity commercial use As improved: Current use as office FULL COMPENSATION OPINION FOR PARCEL 117 PROPERTY VALUE BEFORE THE TAKING $658,000 less PROPERTY VALUE AFTER THE TAKING -10,730 FULL COMPENSATION OPINION $647,270 Allocated: Land Taken: $291,420 Improvements Taken (site) 41,580 Improvements Taken (building) 154,000 Cost -to -Cure 9,200 Damages to the Remainder less cost to cure ($160,270 - $9,200) = 151,070 Total $647,270 14 1096 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS (continued) VALUE OF PARCEL 704 TEMPORARY CONSTRUCTION EASEMENT $1,800 VALUATION DATE: January 27, 2023 Exposure Time: 12 months prior to selling at the appraised value. Marketing Time: 12 months immediately following the effective date of appraisal during which time the subject property should sell at the appraised value. 15 1097 DESCRIPTIONS, ANALYSES, CONCLUSIONS 16 1098 APPRAISAL REPORT This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP 2020 - 2023) 2-2(a)(i) State the identity of the client; The client and intended user of this report is the city of Boynton Beach, Florida. 2-2(a)(ii) State the identity of any other intended users by name or type; None 2-2(a)(iii) State the intended use of the appraisal; The intended use of the appraisal is for sale of the appraised property to the Florida Department of Transportation for right-of-way for the Interstate 95 project. 2-2(a)(iv) Contain information, documentation, and/or exhibits sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic property characteristics relevant to the assignment; Owner: City of Boynton Beach, FL PO Box 310 Boynton Beach, FL 33435 Property Address: 2192 North Boynton Beach Boulevard Boynton Beach, FL 33435 Parent Tract Legal Description: Lots 1, 2 and 3, less the north 27 feet for Interstate 95 right-of-way, ROLLING GREEN RIDGE FIRST ADDITION, less a radius at the northeast corner of the site and at the northwest corner, Plat Book 24, page 223, Palm Beach County, FL (Complete legal description in the Addenda.) 17 1099 APPRAISAL REPORT (continued) Census Tract No. 57.02 Real Estate Tax: Parcel Control Numbers: 08 43 45 16 010270 0010 08 43 45 16 010270 0020 Land Value: $230,454 Improvement Value: 150,126 Total Value: $380,580 Assessed Value: $336,520 Exemption Amount: 336,520 Taxable Value: $ -0- Ad Valorem Tax: $ -0- Non Ad Valorem Tax: $ -0- Total Tax: $ -0- Flood Zone: Market Area Description: The appraised property is owned by a municipality and not assessed for taxation. Since the property is not assessed for taxation, the value placed on it by the county appraiser may not reflect current market value. Zone "X", 12099C0787F Hazard Area. Boundaries and Market Composition & Transportation Infrastructure according to Map Number Zone "X" is not in a Special Flood The market area is the eastern part of the City of Boynton Beach in eastern -central Palm Beach County. This county is located on the east coast of Florida, with Broward and Miami -Dade Counties to the south. Together, these three counties have the largest concentration of population in Florida, with about 5,564,700 residents. Palm Beach County has the lowest population of the three with 1,320,134 residents, but had the largest increase of 13.5% from 2010 to 2021, attributable to having more land to accommodate growth. 18 1100 APPRAISAL REPORT (continued) Boynton Beach is in the southeast part of Palm Beach County. Population of the municipality is around 80,000 residents; land area is close to 16 square miles situated between the cities of Delray Beach on the south and Lake Worth on the north. The town was named for an early developer, Nathan Boynton, a former northern major in the Civil War. The city was founded in 1898 and incorporated in 1920. Most of the original buildings were destroyed in the hurricane of 1926, though a few remain. Those few which were constructed in the early 1920s that are still in use have had repairs and replacements over the decades diminishing their historical significance. Time and economic trends take a toll on properties; thus, in 1984 a redevelopment plan was adopted for the Community Redevelopment Area (CRA) in the city. It covers 1,650 acres in the central part of the municipality west of the Intracoastal Waterway. Agriculture and farming had been important activities in past centuries in Boynton Beach. Commerce came to the area when Henry Flagler extended the Florida East Coast (FEC) Railway from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the town as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. Freight trains still run through the subject market area on the FEC tracts. Higher speed, passenger Brightline train runs along the FEC tract, but does not stop in Boynton Beach. There are three depots with one in downtown Miami, one in downtown Fort Lauderdale and the third in downtown West Palm Beach. Boca Raton, Palm Beach County, Aventura and the Port of Miami, Miami -Dade County will be the next depots. In the future, there may be commuter rail service along the FEC tracks with a station in downtown Boynton Beach; however, no plans have been announced. The subject market area boundaries are Hypoluxo Road on the north, Southeast 23 Avenue on the south, US Highway 1 (Federal Highway) on the east and Interstate 95 on the west. US Highway 1 and Interstate 95 are the primary north -south routes in the subject market area. US Highway 1 is the main north -south surface road through eastern Palm Beach County and extends along the eastern seaboard of the United States. Heavily trafficked Federal Highway is a catalyst to redevelopment of the general market area, with residential projects completed and planned. 19 1101 APPRAISAL REPORT (continued) Highway beautification projects enhanced the aesthetics of the market area. Individual properties on the east and west side of the highway have shallow depths, inhibiting redevelopment of the sites with larger commercial projects. Assemblages of adjacent properties and rezoning to mixed use will continue to facilitate revitalization of the subject market area. Seacrest Boulevard is a secondary north -south artery through the City of Boynton Beach and south into Delray Beach. The appraised property is at the southwest corner of the signalized intersection of Gateway Drive and North Seacrest Boulevard. Main east -west roads in the market area are Hypoluxo Road, Gateway Boulevard, Boynton Beach Boulevard and Woolbright Road. Each of these roads has an interchange with Interstate 95 and continues west to State Road 7/ U S Highway 441. Boynton Beach Boulevard has an interchange with Florida's Turnpike. Boynton Beach Boulevard commences on the east at U S Highway 1, just to the east of the FEC Railroad. Boynton Beach Boulevard streetscape project is underway with the wider sidewalks, landscaping, lighting, et cetera. Property types in the subject market area include residential from single -user to large multi-user complexes, commercial, industrial, institutional and municipal. The Boynton Beach Community Redevelopment Agency is actively carrying out the plan of upgrading the Community Redevelopment Area from old properties to new residential and commercial projects. The life cycle stage of the market area is revitalization, a period of renewal, modernization, and increasing demand. The catalyst of the revitalization was 500 Ocean fronting Federal Highway, consisting of 341 residential units, 20,000 square feet of retail space and 6,000 square feet of office. Several other mixed-use projects are planned along Federal Highway. Ocean One at 114 N Federal Highway was planned for 358 apartments, 12,075 square feet of retail, 120 hotel rooms, and 439 parking spaces. However, the project did not move ahead and Davis Camalier recently sold the entire site to Hyperion Group for $78.98 per square foot. Reportedly, the buyer will redesign the project. 20 1102 APPRAISAL REPORT (continued) There was a recent purchase of thirteen parcels beginning at the northeast corner of North Federal Highway and SE 2 Avenue, then extending east. All of the existing improvements were demolished and removed to make way for Broadstone at Boynton Beach, a mixed use project with 274 dwelling unit and 13,110 square feet of retail space. Land unit sale price equates to $83.18 per square foot. The Villages at East Ocean Avenue is an assemblage of eighteen parcels over two decades by the seller. The mixed use project stretches from Boynton Beach Boulevard on the north to SE 1 Avenue on the south. The projects was approved for 371 dwelling units, 15,757 square feet of commercial space, plaza, 644 -space parking garage, et cetera; however, the project does not appear to be moving forward. The buyer will update the design and proceed as approved. Land unit sale price was approximately $54.12 per square foot. Boynton Beach Community Redevelopment Agency (CRA) accepted the proposal from Affiliated Development from five submissions to build a mixed-use project at 115 North Federal Highway. The CRA had purchased the property when improved with a church and subsequently demolished it. The size of the land offered by the CRA was 2.28 acres, including parking lots and the recent purchase of 508 East Boynton Beach Boulevard. Details of the land purchase by Affiliated Development are to be finalized. The proposed project will be called the Pierce, for the legendary Barefoot Mailman, Charlie Pierce. Project size will be 236 apartments, 16,800 square feet of restaurant, retail and office, and 600 space parking garage. Boynton Beach CRA purchased the property at 511-529 East Ocean Avenue where Hurricane Alley Raw Bar & Restaurant is located. Purchase price was $3,600,000. This property consists of three buildings with a total size of approximately 17,201 square feet on a site of 17,903 square feet. It is in the block to the south of 115 North Federal Highway and will become part of the Pierce prof ect. Town Square, a major redevelopment project to the west of Federal Highway covers three blocks from the south side of Boynton Beach Boulevard south to SE 2 Avenue, encompassing 16.5 acres of land. The north section covers the area of the old city hall and police station which were demolished and removed. The project is planned for the construction of the following: • North parcel — 225 residential units, 120 hotel rooms, 65,000 square feet of office/ retail space and 927 space parking garage • Middle parcel — 200 residential units, 18,887 square feet of retail space South parcel — 280 units, 820 space parking garage, 4,000 public space 21 1103 APPRAISAL REPORT (continued) In the Heart of Boynton CRA district, Ocean Breeze East is completed at 700 North Seacrest Boulevard. The development is an affordable apartment project containing 123 units, retail space, clubhouse and swimming pool. The project came about by the Boynton Beach Community Redevelopment Agency selling the land and the Florida Housing Finance Corporation and TD Bank providing the financing. Wells Landing in the Heart of Boynton CRA district is under construction as apartments and retail buildings fronting the north and south sides of East Martin Luther King, Jr. Boulevard, east of Seacrest Boulevard. Site plan of the project is in the Addenda. There will be 124 residential units, 8,530 square feet of commercial space and 218 surface parking spaces. Part of the land was transferred from the Boynton Beach CRA to Wells Landing Apartments, LLC. Wells Landing purchased four parcels from a private property owner to complete the site for the new project. Funding for the project was awarded to the property owner from the Florida Housing Finance Corporation. Wells Landing is anticipated to bring about more development along MLK Boulevard and surrounding avenues. A large section of the Cottage District from NE 4 Avenue to NE 5 Avenue, between Seacrest Boulevard and NE 1 Street is planned to be developed by Pulte Homes with details to be determined. Parcel size is 4.6513 acres, comprised of smaller lots acquired over many years to assemble a large tract of land for a transformation of a substantial part of the area. Probable improvement will be 45 for -sale dwelling units. Population Trends The demographic survey in the beginning of the report of 1, 3, and 5 mile radial circles from the appraised property shows the median household income for 2022 in the one -mile radius is $51,736, for three miles it is $61,405, and $66,016 for the five mile circle. The median household income for Palm Beach County is $63,300. In the one -mile circle, population is 19,047. In three miles, population increases to 110,275; at five miles, itis 232,960. However, about one-fourth of the three and five mile circles are over the Atlantic Ocean and waterways. Annual growth rate is anticipated to be 0.37%, less than in the recent past due to a lack of land for new projects. 52% of the housing units are owner occupied, with 33% rented. 22 1104 APPRAISAL REPORT (continued) The percentage of renters is higher in this market because many of the single family houses are owned by investors who purchased them to lease after the economic crash in 2008. Vacancy is reported to be 15%; however, this rate seems higher than actual due to some residents being seasonal and being missed in the count. Median home value in the five -mile area is $293,482 including the highly priced homes fronting the Atlantic Ocean and Intracoastal Waterway, compared to median home value of $283,272 in the United States. Conclusion The town's redevelopment goal is to transform Boynton Beach from a retirement community to a vibrant city where residents can en j oy living and working in an attractive setting. Boynton Beach Community Redevelopment Agency is instrumental in the renaissance of the city. The subject market area is easily accessible by main roads and Interstate 95. Goods and services are available on the main east -west arteries and US Highway 1. Upward price trend for real estate in the subject market area will continue due to scarcity of available properties for an increasing population. Land Use: "OC", Office Commercial, including uses of office, banks, places of worship, schools, daycare, health care services, some retail and business services, et cetera. Zoning: "C-1 ", Office and Professional Commercial District Intended use is to implement the uses permitted in the "OC" land use district. This district provides office space and professional uses along with being a transitional area between residential and higher intensity commercial uses. Minimum lot area is 9,000 square feet. Lot area of the subject land is 14,696 square feet. Minimum lot frontage is 75 feet; subject frontage is 75.98 feet. Minimum depth is 120 feet; subject depth is 200 feet. 23 1105 APPRAISAL REPORT (continued) Front yard setback is a minimum 30 feet; however, the parent tract's front setback is 11 feet due to a prior taking for the Interstate 95 right-of-way. Conformity of this setback and the others are determined by Boynton Beach City officials. An excerpt of the zoning ordinance is in the Addenda. Platting: The appraised land consists of three platted lot. Site Description: The shape of the parent tract is irregular due to a prior taking for right-of-way. Dimensions and size are from the Florida Department of Transportation (FDOT) right-of-way maps. North boundary on Gateway Blvd: 203.31 feet East boundary on N Seacrest Blvd: 75.98 feet South boundary adjacent property: 200.00 feet West boundary on NW 1 Street: 55.84 feet Total: 14,696 square feet or 0.337 of an acre Utilities: All utilities are available to the site. Access: The site is accessible via by one paved driveway on to NW 1 Street at the southwest corner of the tract. NW 1 Street intersects with Gateway Boulevard. There is a median on Gateway Boulevard at that intersection, making only access to the eastbound lanes possible. NW 1 Street is a two-laned local road. Gateway Boulevard is a main east -west road. 24 1106 APPRAISAL REPORT Topography: The site is level and filled to street grade. Easements and Encroachments: There is a five foot wide utility easement and a one foot wide private utility easement along the south side of the property line. There is a three foot wide public utility easement at the southwest corner of the parent tract. Improvement Description: The building improvement on the parent tract is a one-story professional office, containing 1,316 square feet of enclosed area and 95 feet of storage. Date of construction was 1957. Building sketch is in the Addenda. Interior space is divided into the following areas: reception, private office, open work area, conference room, kitchen, single restroom, and storage. Construction details are as follows: Condition: Remodeled over the years; currently in average condition Foundation: Reinforced concrete slab over concrete footings Exterior Walls: Concrete block with concrete columns and tie beams; exterior finish is painted stucco Floors: Smooth concrete covered with laminate flooring or ceramic tile 25 1107 APPRAISAL REPORT Interior Walls: Drywall over metal studs Roof System: Wood trusses to form a gable roof, covered with insulation and plywood, finished with asphalt shingles Windows: Aluminum single hung HVAC: Central Plumbing: one restroom and one kitchen Site Improvements: Concrete ramp with metal rails for handicapped access to the building, asphaltic paving, 13 marked parking places, concrete sidewalks, light standards, chain-link fence, flagpole, irrigation, shrubs, trees and sod Environmental Assessment: No assessment was available for review. 2-2(a) (v) State the real property interest appraised; A person who owns all the property rights is said to have fee simple title. A fee simple title implies absolute ownership unencumbered by any other interest or estate. Partial interests in real estate are created by selling, leasing, et cetera. Partial estates include leased fee and leasehold estates. The interest appraised is fee simple. The parent tract is leased to an affiliated party at a sub -market rate. This arrangement is not sufficient to be used to value the leased fee interest of the property. The current occupant of the parent tract is Boynton Beach Faith Based Community Development Corporation, a housing counselor and social services provider. 26 1108 APPRAISAL REPORT 2-2(a)(vi) State the type and definition of value and cite the source of the definition; To develop an opinion of Full Compensation, which is the difference in the market value of the property before and after the taking, including damages, if any, as of January 27, 2023. MARKET VALUE: a type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories as follows. 1. the relationship, knowledge, and motivation of the parties (i.e., seller and buyer); 2. the teens of sale (e.g., cash, cash equivalent, or other terms); and 3. the conditions of sale (e.g., exposure in a competitive market for a reasonable time prior to sale). Market value appraisals are distinct from appraisals completed for other purposes because market value appraisals are based on a market perspective and on a normal or typical premise. These criteria are illustrated in the following definition of Market Value*, provided here only as an example. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions as follows. 1. buyer and seller are 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 the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. * This example definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration (NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994, and in the Interagency Appraisal and Evaluation Guidelines, dated December, 2010. Florida Court Definition: "Market Value is the price that a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, would agree to in fair negotiations with knowledge of all the facts." [Source: Fla. Power & Light Co., v. Jennings, 518 So.2d 895 27 1109 (Fla. 1987)] APPRAISAL REPORT 2-2(a)(vii) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: January 27, 2023 B) Date of the Report: February 13, 2023 2-2(a)(viii) Summarize the scope of work used to develop the appraisal; The identification of the appraisal assignment elements leads directly into determining the scope of work to be done, that is the type and extent of research needed to solve the appraisal problem. The function of the scope of work is to conclude with a credible assignment result which is consistent with the expectations of intended users of appraisals and reasonable to the appraiser's peers. The appraisers visited the property and photographed it. An investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. Data research consisted of collecting, confirming, and reporting improved sales and land sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including multiple listing service, CoStar, Loopnet, Palm Beach County Property Appraiser's records, the public records, and data from the appraisers' plant. From the data collection and analysis, an opinion is developed of the Highest and Best Use of the property as vacant and as improved. Then, the most meaningful approaches to value are applied from the Cost Approach, Sale Comparison Approach and Income Approach. From the approaches employed, a final value is reconciled for the appraised property. Parcel 117 is a strip acquisition along the north side of the parent tract which fronts Gateway Boulevard. All of the building improvements are in Parcel 117. Parcel 704, Temporary Construction Easement, is a small, rectangular piece of land at the southwest corner of the parent tract. 28 1110 APPRAISAL REPORT The appraisal problem is to develop an opinion of market value for the parent tract and the remainder, presuming the proposed road project is completed. Further, damages, cost to cure and special benefits will be considered. The value opinion of the land before the taking is the same as the value of the land in the part taken. A separate opinion of value is stated for the remainder land after the taking. The value of the remainder as part of the whole is compared to the value of the remainder cured to determine damages, if any. 2-2(a)(rx) Summarize the extent of any significant real property appraisal assistance; The two signatory appraisers are the only people involved in the appraisal process. 2-2(a)(x)(1) Summarize the appraisal methods and techniques employed; (2) State the reasons for excluding any of the valuation approaches; (3) Summarize the results of analyzing the subject sales, options and listings; (4) State the value opinion and conclusion (S) Summarize the information analyzed and the reasoning that supports the analyses, opinions, and conclusions For Sales Comparison Approach, improved sales are compared to each other and to the property under appraisement to arrive at an opinion of value. Adjustments are made to the improved sales for difference in elements of comparison affecting price. The same process is used for land sales by the Sales Comparison Approach. The Income Approach to Value is not employed because of the properties like the subject are primarily owner - occupied. The Cost Approach is not used because of the age of the improvement. Exclusion of these approaches to value still produces a creditable report. The information analyzed and appraisal methods used are detailed in the valuation sections of the report. Further, the reasoning that supports the analysis, opinions, and conclusions are explained. At the conclusions of the Sales Comparison Approaches, the value opinions are stated. 29 1111 APPRAISAL REPORT SR 1-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; There are no agreements of sale, options or listings of the subject property as of the effective date of the appraisal. b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. There have been no transfers of ownership of the parcels of the parent tract during the past ten years. 2-2(a)(xi) State the use of the real estate existing as of the effective date and use of the real estate reflected in the appraisal; The use of the real estate on the date of valuation is an office, and it is this use which is reflected in the appraisal. No personal property is included in the valuation. 2-2(a)(xii) When an opinion of highest and best use was developed by the appraiser, state that opinion and summarize the support and rationale for that opinion; HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant No soil or subsoil tests are available for review. However, the site has been supporting a one-story structure since 1957. The land is level and filled to street grade. Land size is 14,696 square feet and irregular in shape. All utilities are available to the site. The site is accessible via NW 1 Street, and has visibility from Gateway Boulevard and North Seacrest Boulevard. Gateway Drive has an interchange with Interstate 95 on block west of the parent tract. Physical constraint to develop the site is its size which governs 30 1112 the number of potential improvements which can be placed on it. HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Legally Permissible as Vacant Legal restrictions to the development of the site consist of land use designation, building and zoning codes, platting restrictions and restrictive covenants. Land use designation is "OC", Office Commercial. Zoning is "C-1", Office Professional in the City of Boynton Beach, the least intense of the commercial districts. The appraised land meets the standards of this zoning district. Permitted uses in this district include office, bank, health care and some personal services. Financially Feasible as Vacant The third test of Highest and Best Use is economic feasibility. Demand for a certain property type must be evident for it to be feasible. For it to be financially feasible, the use must be marketable and provide the investor with a competitive return when compared with alternate uses. As noted in the Market Area subsection of the report, economic indicators are positive with new residential and mixed use projects supported by the city of Boynton Beach and affiliates. In -migration of people to the market area increases the demand for professional and personal services which need places of business. The market area of eastern Boynton Beach is built -out with few in -fill sites such as Land Sales 1 and 2. Other "vacant" land comes about by the demolition of old improvements as are the cases for Land Sales 3 and 4. The parent tract is located at the corner of a signalized intersection and has good visibility. It is the first property accessible from Gateway Boulevard after exiting Interstate 95 and heading east. To the north and south of Gateway Boulevard, the area is densely improved with single -user houses and multi- family residences. A professional service or healthcare service would benefit from establishing a business in this market area. Financially feasible use of the parent tract is to improve it with a business office or healthcare office. The most probably buyer for the site is a local business owner wanting to be situated in this market area. Time for development is now with no competition from other projects in the immediate area. 31 1113 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Maximally Productive as Vacant In summary, the Highest and Best Use of the property appraised as vacant is for a single -occupant office. Such uses would be physically possible, legally permissible, financially feasible and maximally productive. HIGHEST AND BEST USE OF THE PROPERTY AS IMPROVED Physically Possible Improved The improvement appraised is single -occupant office. The building contains 1,316 square feet of enclosed area and was constructed in 1957. From later remodeling and upgrades, the building is in average condition. There does not appear to be a need for further work to be done to the building. If wanted, the improvements could be demolished and removed from the site. Legally Permissible Improved The subject office building is a permissible use in the "C-1" zoning district. However, the building is a legal non -conformity because of sub -standard setbacks caused by a prior taking for right-of-way along Gateway Boulevard. The existing office building can remain in use according to Eminent Domain regulations. There is adequate parking to meet code. Handicapped parking and ramp into the building are provided. Financially Feasible Improved The improved sales cited in this appraisal show there is a market for small commercial properties in the area. Lack of properties for sale affects the intensity of the market. Hence, it the subject property were for sale, it would most probably find a buyer in short order. The buyer would most likely be an owner -user; however, if purchased by an investor, a tenant could easily be found. The subject property is in average condition and is marketable as -is. No remodeling or upgrades are warranted at this time. To maximize the financial feasibility of the subject property as improved, it should be properly maintained through repairs to the end of its useful life. 32 1114 HIGHEST AND BEST USE OF THE PROPERTY AS IMPROVED Maximally Productive Improved The maximally productive use of the property as improved is its current use as an office, which is physically possible, legally permissible, financially feasible, and maximally productive. 2-2(a) (xiii) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. There are no extraordinary assumptions or hypothetical conditions in this report. 2-2(a) (xiv) Include a signed certification in accordance with Standards Rule 2-1 See signed certification in report. 33 1115 SALES COMPARISON APPROACH 34 1116 III I I L - A. 711rr1:�,'I, 11" .. . .. ..... . ........... 1 1,11111 "' ..... ... ... .... ... ... ... ... ... ... . . . SALE 3 S A L .... ... ... . ...... . .. . . ......... . .. ........ ..... ... .. ..... f 11 UEJ . .. .... 0 lz:-�-4 I J", .... . .. . ....... 1"y MOMMO Mi Data use subject to license.6160!� @ DeLorme. DeLorme Street Atlas USAF 2009, 0 '14 1/2 3 /4 1 1 '14 www.delorme.com MIN (7.1- W) Data Zoom 12-0 35 1117 SALE NO. IMPROVED SALE 1 LEGAL DESCRIPTION The West 32 feet of Lots 109 and 110, less the West 14 feet, Block "A", Boynton Hills, Plat Book 4, page 51, less the south 10 feet for State Road 804, Palm Beach County, FL RECORDED OR Book 33594, page 1160 Palm Beach County, FL GRANTOR Randall L. Ebling and Mary Ann Ebling et al GRANTEE HW Advanced Services LLC DATE OF SALE May 20, 2022 LOCATION 209 West Boynton Beach Boulevard Boynton Beach, FL ZONING "C-2", Neighborhood Commercial LAND USE "LRC", Local Retail Commercial SALE PRICE $550,000 AVERAGE ANNUAL DAILY TRAFFIC 32,000 vehicles PROPERTY DESCRIPTION Built as a single-family residence, then converted to commercial use. Enclosed building area is 1,125 square feet, constructed in 1958. Land size is 7,573 square feet. UNITS OF COMPARISON $488.89 Per square foot of building, including land 6.73:1 Land to Building Ratio PARCEL CONTROL NO. 08 43 45 2107 001 1091 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMATION Kristina Reed, closing attorney COMMENTS Single occupant building used as office, lacking modernization. Subsequent to the sale, grantee started renovation of the property with new roof, windows and paving. Renovation does not appear to be completed. 36 1118 IMPROVED SALE 1 209 W. BOYNTON BEACH, BOULEVARD BOYNTON BEACH, FLORIDA Photo taken January 27, 2023 37 1119 209 W. BOYNTON BEACH, BOULEVARD BOYNTON BEACH, FLORIDA 1120 SALE NO. IMPROVED SALE 2 LEGAL DESCRIPTION Lot 3, less the north two feet and all of Lots 4 and 5, Block 1, and Lot 6, less the west 10 feet, BOYNTON HEIGHTS ADDITION TO TOWN OF BOYNTON FLA., Plat Book 10, page 64, Palm Beach County, FL RECORDED OR Book 33063, page 1112 Palm Beach County, FL GRANTOR John O'Malley and Kathleen O'Malley GRANTEE 3139 Lake Shore Drive LLC DATE OF SALE November 12, 2021 LOCATION 215 Northwest 3 Street Boynton Beach, FL ZONING "C-2", Neighborhood Commercial LAND USE "LRC", Local Retail Commercial SALE PRICE $620,000 AVERAGE ANNUAL DAILY TRAFFIC not available PROPERTY DESCRIPTION Built as a single-family residence, then converted to commercial use. Enclosed building area is 1,383 square feet, constructed in 1955. Land size is 12,554 square feet. UNITS OF COMPARISON $448.30 Per square foot of building, including land 9.08:1 Land to Building Ratio PARCEL CONTROL NO. 08 43 45 28 10 0010031 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMATION Office of John Galletta, Jr., closing attorney COMMENTS Single occupant building used as office in average condition at the time of sale. This property is one lot south of Boynton Beach Boulevard. It is currently occupied by a building contractor. Grantee purchased two other properties close to this one, both of which are improved with single family residences. 39 1121 IMPROVED SALE 2 215 NW 3'd STREET BOYNTON BEACH, FLORIDA Photo taken January 27, 2023 40 1122 215 NW 3RD STREET BOYNTON BEACH, FLORIDA 41 1123 IMPROVED SALE SALE NO. 3 LEGAL DESCRIPTION Lot 10, HIGH POINT, Plat Book 23, page 225, Palm Beach County, FL RECORDED OR Book 33619, page 414 Paha Beach County, FL GRANTOR ATEB Properties LLC GRANTEE Tu Partera LLC DATE OF SALE June 3, 2022 LOCATION 236 Southeast 23 Avenue Boynton Beach, FL ZONING "C-1", Office Professional LAND USE "OC" Office Commercial SALE PRICE $400,000 AVERAGE ANNUAL DAILY TRAFFIC 8,700 vehicles PROPERTY DESCRIPTION Built as a single-family residence, then converted to commercial use. Enclosed building area is 1,511 square feet, constructed in 1958 with later remodeling. Land size is 8,633 square feet. UNITS OF COMPARISON $264.73 Per square foot of building, including land 5.71:1 Land to Building Ratio PARCEL CONTROL NO. 08 43 45 33 04 000 0090 CONDITIONS OF SALE Financing provided by Velocity Commercial Capital LLC in the amount of $280,000, at the market rate of interest. Arm's length sale. CONFIRMATION Juliana Hubbs, real estate broker COMMENTS Single occupant building called "The Palms Birth House" for non -hospital child births. The same grantor and grantee were involved with the sale of the property to the west on the same day as this transaction. However, building type of Sale 3 is more similar to the appraised property and the only one of the two included in this appraisal. 42 1124 IMPROVED SALE 3 236 SE 23RD AVENUE BOYNTON BEACH, FLORIDA Photo taken January 27, 2023 43 1125 IMPROVED SALE 3 AERIAL PHOTOGRAPH 236 SE 23RD AVENUE BOYNTON BEACH, FLORIDA 44 i `pil IMPROVED SALE SALE NO. 4 LEGAL DESCRIPTION Lot 8, HIGH POINT, Plat Book 23, page 225, Palm Beach County, FL RECORDED OR Book 33554, page 311 Paha Beach County, FL GRANTOR Lynne Gewant GRANTEE Sunny Soul LLC DATE OF SALE May 6, 2022 LOCATION 226 Southeast 23 Avenue Boynton Beach, FL ZONING "C-1", Office Professional LAND USE "OC" Office Commercial SALE PRICE $480,000 AVERAGE ANNUAL DAILY TRAFFIC 8,700 vehicles PROPERTY DESCRIPTION Built as a single-family residence, then converted to commercial use. Enclosed building area is 1,634 square feet, constructed in 1957, then renovated in 2016. Land size is 8,636 square feet. UNITS OF COMPARISON $293.76 Per square foot of building, including land 5.29:1 Land to Building Ratio PARCEL CONTROL NO. 08 43 45 33 04 000 0080 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMATION Lynne Gewant, real estate broker and grantor COMMENTS Single occupant building with a kitchen. Appliances were included in the sale price. 45 1127 IMPROVED SALE NO. 4 226 SE 23RD AVENUE BOYNTON BEACH, FLORIDA Photo taken January 27, 2023 46 1128 226 SE 23RD AVENUE BOYNTON BEACH, FLORIDA 47 1129 R 4 ] 0 . \k� �\ �\ �\ 1\ « — j)) a} \} \\ \\ Ln /\ - - \ «; � �\ �\ �\ / { ) { \ ) / \ \ ) ( \ ( § \ } \ / co E \ �/ \ � § z)/ w w w w 2§\ 0 w w w w , 2 0 _ o co - - - - - —_ ca o Lu _|\ `)} �� �m )} Ln ~§� ` co co co /` 0 > i! 2i � j� \ \ �/ �/ � m SALES COMPARISON APPROACH OVERVIEW In the Sales Comparison Approach the appraiser compares like property to like property. To do this each sale property is adjusted to the property appraised. This approach to value simulates the actions and attitudes of typical buyers and sellers in the market place. The approach is based on the Principle of Substitution which affirms that the maximum value of a property tends to be set by the cost of acquisition of an equally desirable and valuable substitute property, assuming no costly delays encountered in making the substitution. The steps of this procedure are as follows: 1) Locate and collect information of recent sales of properties most similar to the property being appraised. 2) Verify the sales information with parties to the transactions, including details of financing and any special considerations or non -typical market features. 3) Select relevant units of comparison and develop a comparative analysis for each unit. 4) Compare and adjust the sales to the subject using the significant, market -derived units of comparison. 5) Reconcile all value indications from the comparisons into a single value by this approach. For the value by this approach to be meaningful, there must be an adequate number of sales of similar properties for comparison to the subject. Data acquired in the Sales Comparison Approach such as rental amounts, vacancy factors, and expense ratios are used in the Income Approach; and abstracted depreciation of the improvements can be used in the Cost Approach, when used in the appraisal. A reliable Sales Comparison Approach sets a strong foundation for the entire valuation of the subject property. The subject of this appraisal is a single occupant office building, containing 1,316 square feet of enclosed area. Time of construction was in the late 1950s. Land size is 14,696 square feet. Zoning for the property is "C-1", Office and Professional Commercial District; land use is office commercial. The search was conducted to find sales of smaller offices in the subject market area. Four such sales were found and included in the appraisal for comparison to the subject. Details of the transactions are on the sales sheets and chart. UNITS OF COMPARISON Units of comparison are components into which a property may be divided for comparison. The purpose of using units of comparison is to relate sales of similar properties to the property being appraised on the basis of significant measures such as price per square foot, price per cubic foot, et cetera. The appropriate units of comparison come from the market. The most relevant unit for this valuation is the Sale Price per Square Foot of Building including land. The range of unit prices is from $264.73 to $488.89 per square foot before adjustments. (Continued) 49 1131 SALES COMPARISON APPROACH (Continued) ELEMENTS OF COMPARISON Elements of comparison are the characteristics of properties and transactions that cause the prices paid for real estate to vary. The Appraisal of Real Estate continues by stating that there are ten basic elements of comparison that should be considered in sales comparison analysis. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale, expenditures made immediately after purchase and market conditions. The second group is property elements consisting of location, physical characteristics, economic characteristics, use, and non -realty components of value. Each is hereafter addressed. Real Property Rights Conveyed A transaction price is always predicated on the real property interest conveyed. Property interests conveyed can either be fee simple (without tenants) or leased fee (subject to leases). An adjustment for property rights conveyed is based whether a leased fee interest was sold with leases at market rent, or below or above market rent. When a property is sold without leases, its value is normally based on the market rent that it can command and the financing that could be obtained. The interest valued for the appraised property is fee simple. The improved sales are single - occupant. Only No. 3 was leased at the time of sale to a tenant who had been on the premise for awhile. No information was forthcoming about the lease, but is presumed to be able to be adjusted to the market rate within a short timeframe. Thus, a leasehold interest would not have any monitory value. In that case, the value of leased fee interest would be equal to the value of the fee simple interest. No adjustment is made to the sales for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. The reverse is also a possibility in which lower sale prices result from above market financing. If financing affected the price paid, a cash equivalency adjustment is warranted. Such an adjustment may be found by pairing sales of properties with market financing to those with nonmarket financing. Improved Sales 1, 2 and 4 were cash transactions. Financing from third party lenders is readily available with the buyer of Improved Sale 3 taking advantage of this situation. Loan to price ratio for the sale is 70%. Reportedly, there were no inducements for the mortgagor to take the financing. Further, there is no evidence among the sales that financing terms affected price. No adjustment is required for this element of comparison. (Continued) 50 1132 SALES COMPARISON APPROACH (Continued) Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market, the result of an eminent domain proceeding, or tax consideration. Adjustments for condition of sale are often difficult to quantify. None of the improved sales are transactions by lenders after foreclosures of prior mortgages on the properties. Each of the improved sales was exposed to the open market for a reasonable time period and purchased for an intended use of owner -occupancy or investment. Conditions of sale for all of the transfers were typical for the market, with no adjustment necessary. Expenditures Made Immediately After Purchase Improved Sale 1 was upgraded after the purchase with a new roof, windows, paving, et cetera. The upgrades are addressed as physical characteristics in the property adjustment section of this approach to value. For the other sales, there were no expenditures made immediately after the purchases that affected the sale prices. Hence, no adjustments are made here. Market Conditions Comparable sales Haat occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions which change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria, building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. Changes in market conditions are usually measured as a percentage of previous prices. If physical and economic characteristics of a property remain unchanged, analyzing two or more sales of the same property over a period of time will indicate the rate of price change. Sales and resales of the same properties provide the best indication of the change in market conditions over time. The improved sales did not have recent prior sales to derive an adjustment for market conditions. Three of the transactions closed in 2022 and one in late 2021. Other properties have had significant increases in price during the past year. Such increases are reflective of the market due in part to scarcity of properties for sale and lack of land for more building. The high percentage of increase may not be representative of the price trend going forward. For buyers wanting to finance transactions, the rise in interest rates is negatively affecting the prices they can pay. Though it fluctuates and there are extreme cases, price increase is leveling out at about 6% per year or the rate of inflation. Each of the improved sales is adjusted upward 6% annually for market conditions to the effective date of appraisal. The amounts of the adjustments are shown on the chart. (Continued) 51 1133 SALES COMPARISON APPROACH (Continued) Adjustments to the improved sales were addressed for the transactional elements of comparison. Next, adjustments for property elements of comparison are considered. Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, et cetera. Typically, properties in a neighborhood share some of the same locational characteristics such as age, condition, and style. However, there may be differences such as corner location, view, and zoning, to name a few. Properties of a similar type may be in different locations, yet the locations may share enough similarities to justify comparison. Factors of similarity between locations include average daily traffic counts, zoning and/or land use, and market composition. The parent tract fronts Gateway Boulevard, an arterial in northern Boynton Beach which has an interchange with Interstate 95. Improved Sale 1 is located on Boynton Beach Boulevard, also an arterial with an I-95 interchange. Sale 2 is one property to the south of Boynton Beach Boulevard, close to the main east -west route through the city. Improved Sales 3 and 4 are at the southern end of the municipality on SE 23 Avenue, a neighborhood thoroughfare. Average Annual Daily Traffic (AADT) on Gateway Boulevard at the location of the subject property is 26,500. AADT on Boynton Beach Boulevard is 32,000. For SE 23 Avenue, it is 8,700. The location of Improved Sale 1 is equal to the appraised property. Improved Sale 2 is just off the main route, but close to the I-95 interchange. It is slightly inferior to Sale 1 and the parent tract, and is adjusted upward 5%. Locations of Nos. 3 and 4 are inferior to the other sales and the subject, and are adjusted upward 20%. Amounts of the adjustments are on the chart. Zoning district for the property concerned and Improved Sales 3 and 4 is "C-1' ; for Sale 1 and 2, it is "C-2," which permits slightly more intense commercial uses. The difference in zoning districts is not significant enough to make a further adjustment for location. Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes property type, building size, land size, land to building ratio, amount of parking, year of construction, current property condition, functional utility, market appeal, complete build -out of interior space, et cetera. Adjustments for physical characteristics are best derived from the market by paired sales comparison. The value added or lost by the presence or absence of a differing item in a comparable property does not usually equal the cost of installing or removing the item. (Continued) 52 1134 SALES COMPARISON APPROACH (Continued) Through the process of searching for comparable sales, the physical characteristics are of great import. From the universe of possible comparable sales, those that are most similar to the property appraised are presented in the report for analysis and comparison to the subject. The lesser the number of physical differences, the better. Building size for the subject is 1,316 square feet; the improved sale building sizes are from 1,125 square feet to 1,634 square feet. There does not appear to be a direct relationship between building size and price per square foot. The buildings were constructed as single -user residences from years 1955-1958. Because of their locations and zoning districts, they were converted to offices. The appraised building is in average condition on the date of valuation. Improved Sale l was in inferior condition to the subject when purchased. The grantee replaced the roof, installed new windows and door, paved the parking lot, et cetera. The estimated cost of these upgrades is about equivalent to 10% of the purchase price adjusted for market conditions. Improved Sale 2 was in average condition at the time of sale. Improved Sales 3 and 4 were upgraded prior to the transfer of ownership. Each is adjusted downward 5% for physical characteristics. Another physical characteristic affecting price is land to building ratio. Typically, the greater the land to building ratio, the higher the unit sale price because there are more square feet of land for each square foot of building. More land means there is more space for parking and on-site maneuverability. The property is question has the highest land to building ratio in the data set of 11.17:1. Land to building ratios for the sales are all lower than the subject's. The ratio for Sale 2 of 9.08:1 is the closest to the subject's. It is inferior and adjusted upward slightly at 2%. Ratios for the other sales are 5.29, 5.71 and 6.73:1. Each of the other sales is adjusted upward 5% for being inferior to the subject. Economic Characteristics Economic characteristics of a property include its rental rate, occupancy rate, and expenses; which are the building blocks for the gross income multiplier and overall capitalization rate. The appraised property is leased at a nominal amount with no data to derive economic characteristics for it. As discussed, there is little, if any, usable economic characteristics forthcoming from the improved sales. Hence, the emphasis of this valuation is on the fee simple interest in the appraised property, and the Income Approach to Value is not employed. (Continued) 53 1135 SALES COMPARISON APPROACH (Continued) Non -Realty Components of Value Non -realty components of value are personalty, business concerns, or other items that do not constitute real property, but can be included in the sale price of either the comparable or the subject property. In the appraisal of properties in which the business operation is essential to the use of the realty, the value of the non -realty component must be recognized, estimated, and reported. None of the sale prices of the comparable properties included non -realty components. Thus, no adjustment is necessary for this element of comparison. Use For properties to be comparable, they should have similar Highest and Best Uses. The property under appraisement and the improved sales have a similar use of office. The specific uses are similar enough not to warrant adjustments for this element of comparison. FINAL VALUATION The adjusted unit prices for the improved sales are as follows: Improved Sale No. Adjusted Price/ SF l $584.82 2 $513.36 3 $328.73 4 $369.29 The appraised property fronts on Gateway Boulevard and Seacrest Boulevard, giving it exposure to a steady flow of traffic. Improved Sales 1 and 2 are more similar to the subject for location and carry more weight in the final valuation. Improved Sale 2 has the least amount of dollar adjustments to it. AADT for Sales 3 and 4 is significantly lower than the subject's. Considering the foregoing discussion, the characteristics of the appraised property put its unit value at the upper end of the range of the adjusted unit sale prices. The unit value of the subject is $500.00 per square foot of building including land. The quantity of the comparable data is sufficient to have a view of the market for smaller -sized office properties in the subject market area. The quality of data is good in that it provides a sound basis to develop an opinion of value for the property under appraisement. Based on the analyses and conclusions presented within the report, it is our opinion that Market Value of the Fee Simple Interest of the Parent Tract, as of January 27, 2023 is: 1,316 square feet of building x $500.00 per sq. ft. of building including land = $658,000 SIX HUNDRED FIFTY-EIGHT THOUSAND DOLLARS 54 1136 SALES COMPARISON APPROACH LAND VALUATION 55 1137 iII L AD SALE LOCATION MAP N ""4"- p para SUBJSALE 2' ECT F"" BLVD SA LE 3 9 -1-11-1-11r 1 .. I " 11, 1, 1 Data use subject to license. Mi @ DeLorme. DeLorme Street Atlas USAS 2009 0 Y2 1 11/2 2 2Y2 wwwdelorme-com MIN (7.1° W) Data Zoom 11 -0 56 1138 SALE NO. 1 LAND SALES LEGAL DESCRIPTION Lot 12, Block 89, TOWN OF LAKE WORTH, FLORIDA, Plat Book 5, page 6, Palm Beach County, FL RECORDED OR Book 33521, page 80 Palm Beach County, FL GRANTOR GRANTEE DATE OF SALE Wilma S. Gancarz Jens Property LLC April 26, 2022 LOCATION 1621 South Federal Highway Lake Worth, FL ZONING "MU -FH", Mixed Use Federal Highway LAND USE "MU -E", Mixed Use East SALE PRICE $225,000 AVERAGE ANNUAL DAILY TRAFFIC 8,300 vehicles LAND SIZE 9,634square feet or 0.221 acres UNIT OF COMPARISON $23.35 per square foot of land PARCEL CONTROL NOS. 38 43 44 27 01 089 0120 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Keith Korpi, real estate broker COMMENTS This parcel was vacant at the time of sale. Grantee also purchased an improved property adjacent to the north and a vacant tract to the west separated by an alley. Development plans are not available at this time. 57 1139 1621 South Federal Highway Lake Worth, Florida 53 1140 SALE NO. 2 LAND SALES LEGAL DESCRIPTION Lengthy description. See deed. RECORDED OR Book 33577, page 389, Palm Beach County, FL GRANTOR 2508 N Federal Highway LLC GRANTEE B & B Florida Holdings LLC DATE OF SALE May 11, 2022 LOCATION 2508 North Federal Highway Boynton Beach, FL ZONING "C-3", Commercial LAND USE "LRC", Local Retail Commercial SALE PRICE $851,000 AVERAGE ANNUAL DAILY TRAFFIC 18,400 vehicles LAND SIZE 25,570 square feet or 0.5870 acres UNIT OF COMPARISON $33.28 per square foot of land PARCEL CONTROL NOS. 08 43 45 15 02 000 1250 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Jim Knight, real estate broker COMMENTS The parcel was vacant at the time of sale. 59 1141 2508 N. Federal Highway Boynton Beach, Florida 60 1142 2/14/23, 6:38 PM Landmark Web Official Records Search Prepared by and Return To: Susan Hurst Fidelity National Title of Flor Inc. 150 So. Pine Island Plantation, Fl- 3332 Order No.: 25-22-0095 0 ;X For Documentary Stamp Tax puIne consideration is $851,000.00 v Doc Stamp: $5,967.00 0, CFN 20220221634 OR BK 33577 PG 389 RECORDED 05/20/2022 12:11:53 Palm Beach County, Florida AMT 851,000-00 DEED DOC 5,957.00 Joseph Abruzzo Clerk Pgs 0389-0390-'(2P9S) SPECIAL R IRANTY DEED THIS SPECIAL WARRANTY DEED made this 2022 by 2508 N Federal Hwy LLC, a Florida limited liability company having its principal place ass at 415 N 4th Street, Lantana, Fl- 33462, hereinafter called the grantor, and B&B Florida 1117oldi LC, A Florida Limited Liability Company and Berkin Kaya whose post office address is 3100 Palm Iray Beach, FL 33483, hereinafter called the grantee: a (Wherever used herein the terms "grantor" and "grant in de all the parties to this instrument and the heirs, legal representative and assigns of indivii s, and the successors and assigns of corporations.) WITNESSETH: That the grantor, for and in consideration of of $10.00 and other valuable consideration, receipt whereof is hereby acknowledged, hereby g rgains, sells, aliens, remises, 4 releases, conveys and confirms unto the grantee, all the certain land si ted in County of Palm Beach, State of Florida, viz: Lots 125, 126 and 127, and Lots 128 to 133 inclusive, LESS the Westerly 64.69 feet of said Lots 128 to 133 inclusive, AND LESS that part of Lot 128 which is included in the external area formed by a 12 foot radius arc, tangent to the North line of said Lot 128 and tangent to a line parallel to and 64.69 feet Easterly of when measured along the South line of said Lot 128, the West line of said Lot 128, Lakeside Gardens, according to the Plat thereof, as recorded in Plat Book 8, Page 57, of the Public Records of Palm Beach County, Florida. Subject to encumbrances, easements and restrictions of record and taxes accruing subsequently to 2021 TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining. TO HAVE AND TO HOLD the same in Fee Simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in Fee Simple; that the grantor has good right and lawful authority to sell and convey said land; and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said grantor. Special Waffarity Deed (Corporation) FLD1 1 18.dDc/ Updated. 08.03.21 Page 1 FL-FT-FMOC.M25.1 79025-25-22-0095 61 1143 https://eree.mypaimbeachclerk.com/Search/DocumentAndinfoSyBookPage?Key--Assessor&booktype--O&booknumber-33577&pagenumber-389# 2/14/23, 6:38 PM Landmark Web Official Records Search CFN 20220221634 BOOK 33577 PAGE 390 20F2 SPECIAL WARRANTY DEED (continued) IN WITNESS WHEREOF, ersigned have executed this document on the date(s) set forth below. Sighed, Sea4ed a presence of. 2508 N Federal Hwy LLC, a um liability Wit nature COmPMY Barbara HM Kowalski BY: Print N Elaine Word . Man r >rWKnesfs Sign BY: ��pp !- Ltd -Diana" Manager Print Name ss: N 4th Streei.,.--� The by .r.- nt was day of person(s) described in or Who haslhave produc executed the foregoht R rent and she/the NOTARY PUBLIC My Commission Exprearr 5peciat Wa=nly Qeed fCwpwakr) FLQ1118A=1Updated 0600;21 Page 2 SAROARAHMKOWA= `s MY CQAtl4ll$M / NN OMM V tEXPIRES March 20, 8025 V 6endeatlau LW aA cuAdPn."., F L-FT•FMOC•02=.179E126.3&22-M5 62 1144 haps://erec.mypalmbeachGerk.com/Search/DocumentAndlnfoByBookPage?Key=Assessor&booktyp 0&boolmumber--33577&pagenumber-389# — SALE NO. 3 LAND SALES LEGAL DESCRIPTION Lengthy legal description. See deed. RECORDED OR Book 33432, page 786, Palm Beach County, FL GRANTOR Boynton Beach Community Redevelopment Agency GRANTEE Boynton Beach Office Condominium, LLC DATE OF SALE March 17, 2022 LOCATION 1102 and 1110 North Federal Highway Boynton Beach, FL ZONING "C-4", General Commercial LAND USE General Commercial SALE PRICE $342,100 AVERAGE ANNUAL DAILY TRAFFIC 18400 vehicles LAND SIZE 12,609 square feet or 0.289 acres UNIT OF COMPARISON $27.13 per square foot of land PARCEL CONTROL NOS. 08 43 45 2132 002 0201 and 0211 CONDITIONS OF SALE Purchase money mortgage in the amount of $42,100 at the market rate of interest. Arm's length transaction. CONFIRMED Theresa Utterback, Development Services Manager Boynton Beach Community Redevelopment Agency (BBCRA) COMMENTS This sale consists of two contiguous parcels at the northeast corner of North Federal Highway and East Martin Luther King, Jr. Boulevard. The BBCRA purchased both parcels, then demolished and removed depreciated improvements. The cleared land was offered for sale to the public with the grantee's proposal selected to purchase the property. Grantee is a joint venture of two business people who will develop the site with a two -unit office condominium. 63 1145 .,A 64 1146 a .:a VACANT LAND SALE NO. 3 1102 N. Federal Highway Boynton Beach, Florida 64 1146 2/14/23, 6:45 PM Landmark Web Official Records Search CFN 20220139713 OR BK 33432 PG 766 RECORDED 03/31/2022 11:04:11 Palm Beach County, Florida AMT 342,100.00 DEED DOC 2,394.70 Joseph Abruzzo Clerk RM@red by and return to: Pgs 0766-0766; (313gs) Kenneth W. Dodge Lewis. Longman & Walker, 366 South Rosemary Avenue, Wast Palm Beach, FL 33401 Telephone: 561-640-0820 File Number: 22 -MS Ism ve V& line For Reauding EWA] Spec arranty Deed This Specie! Ws"iIiittty Deed made this I of Marelli. 2022, between Boynton Beach Community Redevelopmem Agency, a public agency created o 163, Part III, of Florida Statutes, whose past off e address is 100 L Ocean Avenue, 4th Floor, So ch, FL 33435, grantor, and Boynton Beach Office Coudominhrus, LLC, a Florida Itmited liability compan post office address is 3113 Stirling Road, Suite 103, Fort Lauderdale, FL 33312, grature: (Whenneva and herein the tams voxw and enntoe fink de sti the puff to this and die heirs„ keel mlimmentrtves, sad s dges of individuals, w ad da eaesmrs and assigns of oorpanatinm, muni and to ON) Wftea111011, that said grantor, for and in consideration of the sum TEN NO1100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said whereof is hereby ad=wledged, has granted, barpined, and sold to the said grantee, and grantee's heirs and asci ver, the foilowing described land, situate, lying and being in Palue Beach County, Florida, to -wit•. That part of Lots 290, 21 and 22, Block 2, Lake Addition, a wbdlvWaa a City of Boynton B"d4 Florida, according to the plat thereof recorded in Fiat Book il, Pa Illy Records of Pal® Beach County, Florida, described as follows: Beginning at the Southwest corner of Lot 20, Block 2, Lake Addition, rus Fasterly, along the South line of said Lot 20, a distance of 122.5 feet to a point; thence Northerly, at right angles to the South Lire of said Lot 20, a distance of 131.7 feet, none or less, to a pout it the North line of Lot 22, Block 2, Laine Addition; thence run Weatadty, atett the North boundary Use of said Lot 22, to the Northwest corner of said Lot 22; thence Southwesterly, aloft the West On of Lots 22,21 and 20, to the Point of Beginning; subject to existing rigbtmsf-way of UAL Highway #1 (State Road #$). LESS the North sixty-six feat (661) thereof as measured at right angles to the North line of the above4leseribed parcel ®+ The North 66 feet as measered at right angles to the North ine of the following described pareef; That part of Lots 20,21 and 22. Block 2, Lake Addition, a Subdivision of the Cky of Boynton Beach, Florida, according to the Plat thereof, an file In Office of the Clark of the Circuit Court in and for Patin Beach County, Florida, recorded in Plat Book 11, page 71, of the Public Records of Paha Beach County, Florida, ulnare partiealarly described as follows: Beginning at the Southwest corner of Lot 20, Bleck 2, Lake Addition, run Easterly along the South line of solid Lot 20, a distance of 122.5 tided to a poiat; thence Northerly at right angles to the South lire of said Lot 20, a distance of 131.7 fat, none or leas to a point in the North line of Lot 22, Block 2, Lake Addition, thence run Westerly along the North boundary One of said Lot 22, to the Northwest 001"Timso 65 1147 https://ereamypalmbeachtderk.corn►/SearchiDocumentAndlttfoByBookPage?Key=Assessor8booktype=08,booiv►um6rer=334328,pagenumber-- 00766# 2/14/23, 6:45 PM Landmark Web Official Records Search CFN 20220139713 BOOK 33432 PAGE 787 2OF3 corner of mid Lot 22; thence Southwesterly aloft the West line of Lots 22, 21 and 20, to the Poift of Parcel Idaffie be Number.. 0843 -45 -21 -32 -002 -Ml and Pared Idefti6eatle:11MOM 08-43-45-21-32-002-0211 Together wilt all the teneme!aWnients and appurtenances dtento belonging or in anywise apps rtainiin& Purchaser hereby grass Seller a Right f First Refusal for repurchase of the Property which shall be in full force and effect for a period of five (5) years from the dr obtains its Certificate of Occupancy. The tents and eond%tions of this right shall be as sat forth io that certain and Development Agreetrteet between the Parties having as Ef%ctive Date of Janoary2l, 2021. Thh conveyance is subject to the terms and coedit' Reverter Agreement dated January 21, 2022, between the Parties and an exhibit to the Purchase and Development same date. To Have and to Hold, the same in fee simple forever. And the grader hereby covenants with said grantee drat the lawfully seized of said land in fee soeple; flat the grcntor has Ild � and hmM why to sell and convey d the grantor hereby fully we rats the [We to said ltd and will defend the sane against the lawful claims of all ing by, through or under graatas. In Witness Whereof, grantor has hereunto set grantoes hand and sealda year first above written. Signed, sealed and de4vered in orr presence: 0, 4 1l E,'�`� t Speetal WenmW Aced- Paas 2 Boynton Beach ity Redevelopment Ae ncy, a public proJ16dt 163, Part III, of Florida By:Srant, Chair (corporate Seal) 66 1148 https://erec.mypalmbeachclerk.com/Search/DocumentAndinfoByBookPage?Key=Assessor&booktype=O&booknumber-33432&pagenumber- 00786# r10 LAND SALES SALE NO. 4 LEGAL DESCRIPTION Lengthy description on deeds in the appraisers' file RECORDED OR Book 33299, page 1776 Palm Beach County, FL GRANTOR 4t' Street LLC GRANTEE 4"' St Boynton LLC DATE OF SALE January 30, 2022 LOCATION 401 Southeast 4 Street + parcels to the south Boynton Beach, FL ZONING "C-3", Commercial LAND USE "LRC", Local Retail Commercial SALE PRICE $4,200,000 AVERAGE ANNUAL DAILY TRAFFIC Not available for this location LAND SIZE 109,350 square feet or 2.51 acres UNIT OF COMPARISON $38.41 per square foot of land PARCEL CONTROL NOS. 08 43 45 28 07 002 0030 08 43 45 28 07 002 0040 08 43 45 28 07 002 0050 08 43 45 28 07 002 0060 08 43 45 28 08 000 0040 08 43 45 28 08 000 0060 08 43 45 28 08 000 0080 08 43 45 28 07 002 0092 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Office of closing attorney Gary Dunay COMMENTS Assemblage of eight parcels for residential project. Project approved prior to sale date. 67 1149 68 1150 G \ \ \ ) f \ a } 16 \ a } \ \ \ - a } \ \ \ } � \ II \ \ \ ' ] e 7 2 7 ( \ d \ w o ( . 2 c : _ _ / / / / \ / \ } } y \ � � \ < � k ; e \ , _ _ , _ \ ,/ , LU e Ln B « \ ƒ \ / \ 0 � E ƒ u ) ) _ \ . ,um, o 2io SALES COMPARISON APPROACH LAND VALUATION OVERVIEW Of the several methods to develop an opinion of land value, the one considered to be the most reliable is the Sales Comparison Approach. In this method, sales of other similar vacant parcels are compared to the site concerned; then adjusted for differences to arrive at land value The steps of Sales Comparison in Land Valuation are: 1) Locate and collect information of recent sales of sites most similar to the land being appraised. 2) Verify the sales information with the most reliable sources, including details of financing and any special considerations or non -typical market features. 3) Select relevant units of comparison and develop a comparative analysis. 4) Compare and adjust the sales to the subject using significant, market -derived units of comparison. 5) Reconcile all value indications from the comparisons into a value opinion by this approach. The parent tract of land consists of three platted lot, less takings for right-of-way. Land size is 14,696 square feet, located at 2191 North Seacrest Boulevard, Boynton Beach, FL 33435. Zoning is "C-1", Office and Professional Commercial District; land use is "OC", Office Commercial. A search for recent, similar land sales revealed four (4) transactions providing an overview of activity for parcels purchased for commercial or mixed use in the subject market area. Details of the transfers are on the sales sheets and charts. A unit of comparison used by buyers and sellers of this type site is the Sale Price per Square Foot of Land. The range of unit prices of the land sales (before adjustments) is from $23.35 per square foot to $38.41 per square foot. ELEMENTS OF COMPARISON Elements of comparison are the characteristics of transactions and properties that cause variation in prices paid for real estate. The Appraisal of Real Estate states that there are several basic elements of comparison to consider in sales comparison analysis for land valuation. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale and market conditions. Adjustments for transactional elements are made, then, attention is focused on the second group, property elements. This second group of property elements consists of location, physical characteristics and use. The relevant elements are hereafter discussed. 70 1152 SALES COMPARISON APPROACH (Continued) Real Property Rights Conveyed A transaction price is predicated on the real property interest conveyed. Property interests conveyed can either be fee simple (without tenants) or leased fee (subject to leases). An adjustment for property rights conveyed is based on whether a leased fee interest was sold with leases at, below, or above market rent. The interest valued for the subject property is fee simple. The land sales were all conveyances of fee simple interests without leases or easements which were significant enough to affect the price. No adjustment is necessary for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. The reverse is also a possibility in which lower sale prices result from above market financing. Land Sales 1, 2 and 4 were cash transactions, the most common method of payment for vacant land, especially smaller tracts. Grantor of No. 3 accepted a purchase money mortgage in the amount of 12% of the purchase price. Reportedly, this financing did not affect the price. No adjustment is required for this element of comparison. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market, the result of an eminent domain proceeding, or tax consideration. None of the land sales are transactions by lenders after foreclosures of prior mortgages on the properties. Each of the land sales was exposed to the open market for a reasonable time. Grantor of Land Sale 3 is the Boynton Beach Community Redevelopment Agency (BBCRA). The BBCRA had purchased the two properties comprising No. 3, demolished the old improvements and offered it for sale to the public. Several proposals were submitted to buy the site. Finally, a negotiated transaction was consummated between the BBCRA and the grantee. The conditions of sale were similar enough to typical that an adjustment for this element of comparison is not needed. (Continued) 71 1153 SALES COMPARISON APPROACH (Continued) Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions which change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria, building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. Some properties have had significant increases in price during the past year. Such increases are characteristic of the market due in part to scarcity of properties for sale and lack of land for more building. The high percentage of increase may not be representative of the price trend going forward. Though it fluctuates and there are extreme cases, price increase is leveling out at about 6% per year or the rate of inflation. Each of the land sales is adjusted upward 6% annually for market conditions to the effective date of appraisal, the same percentage adjustment used for the improved sales. The amounts of the adjustments are shown on the chart. Adjustments have been made to the land sales for transactional elements of comparison. Next, adjustments for property elements of comparison are considered. Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, average daily traffic flow, etc. Typically, properties in a neighborhood share some of the same locational characteristics such as age, condition, and style. The sales are in zoning districts which permit mixed use or commercial use, similar enough to the subject's district not to call for adjustments. The main locational difference among the sales and subject is traffic volume. As mentioned, the AADT for the parent tract is 26,500 vehicles. AADT for Sale 1 is low at 8,300. It is inferior to the subject and adjusted upward 15% to reflect this factor. AADT for Sales 2 and 3 are similar at 18,400 vehicles. These sales are also inferior to the subject and adjusted upward 5% each. Land Sale 4 has a low traffic volume on SE 4 Street; however, it is in the Boynton Beach Community Redevelopment Area close to the center of the city where revitalization is occurring. No. 4 is adjusted upward 10% for location. The amounts of the adjustments are shown on the chart. Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes land size, shape, frontage, topography, view, access, functional utility, degree of readiness for development, et cetera. Adjustments for physical characteristics are best derived from the market by paired sales comparison. (Continued) 72 1154 SALES COMPARISON APPROACH (Continued) Through the process of searching for comparable sales, the physical characteristics are of great import. From the universe of possible comparable sales, those that are most similar to the site appraised are presented in the report for analysis and comparison to the subject. The lesser the number of physical differences, the better. Physical characteristics are similar among the parent tract and Land Sales 1, 2 and 3. They have smaller sizes and will most probably be improved with minor projects. Land Sale 4 is comprised of eight parcels. Prior to closing the transaction, the grantee knew what the city would most probably approve to be constructed on the site of a mixed use project with a parking structure. The stage of development for No. 4 is more advanced than the other sales with an elaborate project. Land Sale 4 is superior to the other properties for physical characteristics and is adjusted downward 10%. Use For sites to be comparable, they should have similar uses. The highest and best use for the appraised property and Land Sale 1, 2 and 3 is office. For No. 4, highest and best use is mixed use with commercial on the first level and residential on the upper floors. The difference of this property is already addressed under physical characteristics. No additional adjustment is made here. FINAL VALUATION FOR LAND The adjusted unit prices for the sales are as follows: Land Sale No. Adiusted Price/ SF 1 $28.07 2 $36.35 3 $29.91 4 $40.71 Land Sale 1, 2 and 3 have adjusted unit prices in a closer range and carry more weight. No. 4 is larger and will be improved with a more significant project. Scarcity of vacant land is a factor in the upward trend of land prices. Considering all of the foregoing discussion, the unit value for the land concerned is in the mid-range of Land Sales 1, 2 and 3 at $30.00 per sauare foot. The quantity of the comparable data is sufficient to have an overview of the market for land similar to the appraised parcel. The quality of the data is good in that it provides a sound basis to develop opinions of value for the land under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Parent Tract of Land as of January 27, 2023 is: 14,696 square feet x $30.00 per square foot = (rounded to) LAND VALUE BY SALE COMPARISON APPROACH 441 000 FOUR HUNDRED FORTY-ONE THOUSAND DOLLARS 73 1155 FINAL VALUE OPINION OF PARENT TRACT VALUES FOR THE PARENT TRACT OF PARCEL 117 BY THE SALES COMPARISON APPROACH Parent Tract as Improved 1,316 S.F. of building x $500.00/S.F. of Building (& Land) _ Parent Tract as Vacant 14,696 S.F. of land x $30.00/S.F. of Land = Allocation of value of the improvements Depreciated site improvements Depreciated building improvements $658,000 441,000 $217,000 $ 63,000 $154,000 The Sales Comparison Approach is the best method to value the Parent Tract of Parcel 117 as improved and as vacant. The Cost Approach is not used because of the age of the improvements. The Income Approach is not employed due to a lack of economic components to adequately project the income the property could generate and be attractive to an investor. Final value of the parent tract as improved is $658,000; final value of the parent tract as vacant is $441,000. Subtracting the land value from the improved value results in the contributory value of the improvements of $217,000, comprised of building and site components. The client and intended user of this appraisal, the city of Boynton Beach, FL, gave the appraisers the Engineering Analysis of Parcel 1171704 submitted by Michael F. Sexton, Sexton Engineering Associates, Inc.. The analysis contained a Quantity Estimate of Existing Site Improvements within Parcel 117, a copy of which is in this appraisal. The city also gave the appraisers a Cost -to -Cure the Remainder statement done by Eddie Herrin, General Contractor, also included in this appraisal. This statement lists the site improvements and quantities in the remainder. The appraisers combined the two reports and prepared a list of site improvements and quantities on the parent tract and checked it with exhibits of the property. The list is included in this appraisal. Marshall Valuation Service provided cost new for the site improvements. Marshall also lists life expectancy for the site improvements. Life expectancy is 10 years on average for the site improvements. Based on actual age and condition, the subject site improvements are three years old, making them 30% depreciated. Depreciation is applied to cost new to arrive at the depreciated cost new of the all of the site improvements on the parent tract which is $63,000. 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I Ln ro M V)- (7)O O O 0} H s to _ ZIC) U 4-;\ s to Mro O M LL O O t /} 4 Ll n -Ln LL \ i 0 +j tL is \O -Lnth LL \ O O N \bA O O Ln � O a bA O 44- O O O O th cu O L N Ln Ln m ih 4J v H r0 \ L O Ln t./} v LL — J L9 r14 to LL t 0 N to } J HI Z O Q^ D 4-; to v LL _ � C J � N Ll L/1 O N Ll Ln O N +� Ll (0 u1 .moi v v U- cv C Ln N o +� (11 c Q ro o_ s 00 m o Qcr to cv L.L v O � s NO .--I Lv a, L E f0 cI v Li co C J ro M U- is O O Ln lfl W4-;LaL O i� Z Z Q Q = Z LL Ln p ^ N — O J Mfu C14 -1 O O O O Q � Ln c O Y Q N O O N cu11 O o m s M O v N Ln O M _ Z Z Y Q H Z CY _ }; LS co (J m C J � (S � N LS N Lcr �--I -1� v _ m C J Ln Q N m Q LA O O s M N O �t111 Ll v ~ S V) 0! v ~ -1 4' v U- J U- s Ln O Ln O M O N 0::L O CLOC)O N O i Z bA Q -- O z v Q Q i p Q z W LL m o v w aCL a+ I J in V)°J o tw O N 0::L O CLOC)O N O i �I U CU L 7 C c0 a N Q `� C N bA cp N H aJ47, s V u L O — Y L O LL H E 2 CA IW► W Q N 00 00 J C Q ca L ra Lo LO Lo LO LD LD LD LO LD LO Lo Lo Lo LO L.0 LO Q Lo LO Lo LO O ~ O VUWi d 4-+ d v s to _ to s 2 J Ln z v p Q z W LL I J W Q: Q W d M M N N N N M Ln M 00 00 00 00 J = N a z O LD LO Lo Lo Lo LO Lo LO LD LD LD LO LD LO Lo Lo Lo LO L.0 LO L.0 LO Lo LO Lo LO O ~ 1 VUWi VALUATION OF PARCELS 117/704 76 1158 AERIAL VIEW OF THE APPRAISED PROPERTY 77 1159 AnFA YPJA"AF� DoW,AAAA Jojh4k, M rame w 1, ,114p p A ",A m All ps pou'r4up wfA, Immanm %ic olmak _xrm AnFA YPJA"AF� DoW,AAAA Jojh4k, M rame w 1, ,114p p A ",A m uY vP LI UP, pou'r4up wfA, Immanm %ic olmak L 5' 1014M, AMP IMk v WI,:0?.W'rA 7TT ,mur mfory'rax,flVIVI DOPUL 9MIMMOM,�M1PAR CM SWE 7"1 At � Ell J" om WN ,a OAA mm.Afflp ww' naw �150 � wl�•�, M. MMIIWI M �, 11 _. - 4-111W _1( 78 1160 PARCELS 117 & 704 SKETCH 1 wIo w waw �� r' mwv� wMwuwlw� 6YW'W61%'�'*'am" pa'wIf II law, °v Lufth. d Tuwallremw aw�awy rrNA'i. �i m a�wp M r �H �w m' � Sys �.. ..... �U pwlwlw�'��°ww"" 'i",�"Arya . �h. �q WQAO W �Pn"��w1'7Pmuww) ,�uw x.�O&A &.rv, a w,w�n � nm 79 1161 DESCRIPTION OF THE PART ACQUIRED LAND AREAS: Parent Tract: 14,696 square feet or 0.337 acres Parcel 117: 9,714 square feet or 0.223 acres Remainder: 4,982 square feet or 0.114 acres Parcel 704: 124 square feet or 0.003 acres Parcel 117 is 66% of the land area of the parent tract. All of the building improvements are in Parcel 117, consisting of 1,316 square feet of enclosed building area and 95 square feet of storage. Site improvements are allocated 66% to Parcel 117 and 37% to the remainder. Parcel 117 is the northern most part of the parent tract spanning the east -west distance from North Seacrest Boulevard on the east to NW 1 Street on the west. The interest valued in Parcel 117 is fee simple. The purpose of Florida Department of Transportation acquiring Parcel 117 is to widen Gateway Boulevard with travel lanes, sidewalk and bike lane in conjunction with the Interstate 95 expansion. Parcel 704 is a temporary construction easement. Legal descriptions of Parcels 117 and 704 are in the Addenda. VALUATION OF PART ACQUIRED In the valuation of the parent tract, final opinion of land value is $30.00 per square foot. The same land sales and methodology are used to value Parcel 117 as part of the whole parent tract. Parcel 117 Land Valuation 9,714 square feet of land x $30.00 per square foot of land = $291,420 Parcel 117 Improvement Valuation All of the building improvements and approximately 66% of the site improvements are in Parcel 117. The allocation of the value of the improvements in the parent tract is as follows: Depreciated building improvements: $154,000 Depreciated site improvements: + 63,000 Total $217,000 The portion of the depreciated site improvements in Parcel 117 are: $63,000 x 0.66 = $41,580 Summary of Value of the Parts Acquired: Land: $291,420 Building improvements: 154,000 Site improvements: 41,580 Total $487,000 80 1162 VALUATION OF THE REMAINDER AS PART OF THE WHOLE Property Value of the Parent Tract Before the Taking $658,000 Less, the Part Acquired -487,000 Value of the Remainder, as part of the whole $171,000 PURPOSE OF APPRAISAL REMAINDER UNCURED The remainder consists of 4,982 square feet of land and approximately 37% of the site improvements. Minimum lot size for development in the "C-1" zoning district is 9,000 square feet. Remainder land size is substandard in this district and too small for independent development. The driveway onto the parent tract from NW 1 Street will be closed. The site improvement on the remainder will suffer functional obsolescence, with no contributory value to the property. Highest and best use of the remainder will change after the acquisition of Parcel 117 from part of a commercial site to surplus land to the residential property to the south. To accomplish this change, a cure plan is needed for the site improvements on the remainder to be demolished and removed. PURPOSE OF APPRAISAL OF REMAINDER AFTER THE ACQUISITION The value of the remainder as part of the whole is established as $171,000 from the subtraction above. The purpose of the appraisal of the remainder cured is to provide an opinion of market value to discover if there are any damages or special benefits from the acquisition. APPRAISAL PROBLEM FOR REMAINDER CURED The appraisal problem is to develop an opinion of value of the remainder with the cure having taken place. Further, the presumption is that the transportation construction is completed and open to the public. Methods used to develop an opinion of value for the remainder cured are the same as developing an opinion before the acquisition. 81 1163 DESCRIPTION OF REMAINDER CURED The remainder cured is a strip of land containing 4,982 square feet. There are no building improvements on it. Further, there is no road access from the abutting streets. The cure plan removes the site improvements including asphalt paving, concrete curbing, fence and shrubs. The remainder is graded to smooth out the land. Zoning stays "C-1," but the remainder size is substandard in that district. Hence, the marketability of the remainder is diminished. Highest and best use of the remainder has changed from an office site to surplus land for the residential property to the south. HIGHEST AND BEST USE OF THE REMAINDER CURED Interstate 95 will be widened and Gateway Boulevard will also be widened leading to the interchange with I-95. These road improvements are the purpose of acquiring Parcel 117 and the other parcels in the project. For Parcel 117, all of the building improvements will be taken along with 66% of the site improvements. The cure plan for the remainder is to remove the site improvements, leaving a vacant strip of land with sod and trees. The driveway on to the remainder will be eliminated, leaving the remainder without vehicle access. The highest and best use of the remainder cured is to be assembled with the abutting residential properties to the south as surplus land to those lots. Surplus land is land is extra land that cannot be sold off separately. It does not have an independent highest and best use. Hence, its unit value may be less than the unit value of the land supporting the building improvement. VALUATION OF THE REMAINDER CURED The Highest and Best Use of the remainder cured has changed from office to residential use. The improved sales cited in the valuation of the parent tract are no longer similar to the remainder cured. A search for land sales zoned for single -user residential use revealed several lot sales in the eastern part of the city of Boynton Beach. This area has been improved for over 100 years, with very few lot sales occurring. Documentation of the sales is in the appraisal file. The sales are adjusted for market conditions at +6% per year. The range of adjusted unit sale prices is from $7.86 to $11.62 per square foot. Next, the property adjustments are made. As noted, the remainder cured is surplus land with diminished functional utility. In the appraisers' file are examples of land with diminished functional utility paired with land that is unaffected by the issue. 82 1164 VALUATION OF THE REMAINDER CURED (continued) Land with the diminished utility has unit sale prices at 14%, 36% and 67% of the unaffected unit sale price. The subject remainder cured can serve as a buffer between the existing houses and widened Gateway Boulevard. With that in mind, Land Sales 1 — 5 are each adjusted downward 50% for being superior to the subject for functional utility. The final adjusted unit sale price range is from $3.93 to $5.95 per square foot of land. The unit value of the remainder land as cured is at the lower end of the range at $4.00 per square foot due to the limited number (2) of potential buyers of the property. LAND VALUE FOR THE REMAINDER CURED 4,982 square feet x $4.00 per square foot = $19,930 ALLOCATION OF VALUE FOR THE REMAINDER CURED LAND SITE IMPROVEMENTS $19,930 0 BUILDING IMPROVEMENTS 0 TOTAL $19,930 83 1165 DAMAGES TO THE REMAINDER The remainder of the parent tract of Parcel 117 is damaged by the taking with the change in highest and best use from office to surplus residential. The building improvement and access to the land are eliminated. Functional utility and marketability are diminished. The damages to the property are incurable and can be quantified as follows. Property Value Before the Taking $658,000 Value of the Parts Taken -487,000 Remainder as Part of the Whole $171,000 Remainder Cured - 19,930 Damages to the Remainder $151,070 COST -TO -CURE The cure plan is to remove the site improvements on the remainder and grade the site to level the land. The property owner gave the cost -to -cure list to the appraisers. It was prepared by Eddie Herrin, General Contractor of $8,347.33. Contingency amount and owner's coordination of the project is added in a combined amount of 10% of the cost. Total cost -to -cure is rounded to $9,200.00. There are no further items damaged in the cure and not replaced in like kind nor items already paid for in the acquisition. Hence, the stated cost -to -cure is the net amount. 84 1166 ii Item Qt7 JIMA 06A Coo I01AI h an G,gyr (""K COst Tow Qty Unt 11nit emt @Marl Ckaring INyeanaiutilual I�worrfdyliC07,�m�sut dxrrwcrr;ie Unfr'lr7r, 11'4 LF $rI 4 'd N.{697. Rmim4'(1.ForimR=Ldcr 116 L1` S99I SI'M1.91 161"AL1 N,ertxsw� lUe�s ��n��der C ,�3p ' 0. I � � 17,1?�ESSE743: ��rtlA, rNEvNrmrl� �trr:Oade� iR unindor � ss'P SDAX74, TOW: fig Cox S8,1177.'I'm] $0.(4 TDW & 961173 Phw 11 ro RrtmgM to Inpkar nl, Cum Cot 2uCum ur ssab6,It, $i.C,347,73 AdC,itOgtary&Owndsl cnlia°c(I@%oF(.)mgsCkiasW34.77 MIT Cost 0 CUM, W4&,g hc1"+P#IPHr, (C,1� uw 1]otitrary of Values) $9,2004,4 1+aLrwwtudod, Ijust [yams N10 For M Mgloislkrlt$W bundad, p Nct Chit im Curt ,&�,?��9i 94nwra'drd, KW. 'i Pt{ Cost lraOn,I�rCdMIrw�Pd�l�Cl.,11M, W 84 1166 VALUATION SUMMARY & FULL COMPENSATION for PARCEL 117 PROPERTY VALUE BEFORE THE TAKING Parent Tract 1,316 S.F. of building x $500.00/S.F. of Building (& Land) _ Land: 14,696 S.F. x $30.00/S.F. _ Depreciated site improvements Depreciated building improvements Less, VALUE OF THE PARTS TAKEN Land Taken: 9,714 S.F. x $30.00/S.F. = Improvements (site) taken ($63,000 x 0.66) Improvements (building) taken Total: SEVERED REMAINDER VALUE, BEFORE DAMAGES $291,420 41,580 154,000 Less, REMAINDER AFTER DAMAGES AND COSTS -TO -CURE Remainder Value (Sales Comparison Approach) _ $4.00/ S.F. x 4,982 S.F. _ Less, Cost -to -Cure Remainder Value after Cost -to -Cure DAMAGES TO THE REMAINDER AND COSTS -TO -CURE ($171,000 - $10,730) + $9,200 = FULL COMPENSATION OPINION PROPERTY VALUE BEFORE THE TAKING less PROPERTY VALUE AFTER THE TAKING FULL COMPENSATION OPINION Allocated: Land Taken: Improvements Taken (site) Improvements Taken (building) Cost -to -Cure Damages to the Remainder less cost to cure ($160,270 - $9,200) _ Total $658,000 441,000 63,000 154,000 -487,000 $171,000 $19,930 - 9,200 $10,730 $169,470 $658,000 -10,730 6 $291,420 41,580 154,000 9,200 151,070 647 270 85 1167 TEMPORARY CONSTRUCTION EASEMENT PARCEL 704 The Temporary Construction Easement is identified as Parcel 704, a small piece of land containing 124 square feet with dimensions of 5 feet by about 24.90 feet. It is located at the southwest corner of the parent tract and across the west end of the remainder. Parcel 704 is being acquired to tie in and harmonize the subject property with the right of access, ingress and egress, et cetera with widened Interstate 95. The term of the easement is from the effective date of valuation to the expiration in July, 2031. For valuation purposes, commencement of the easement is set on the first day of the whole month following the effective date of the appraisal which is February 1, 2023. Actual lease term begins upon acquisition by FDOT. In this analysis, the term of the lease is 101 months. VALUATION OF PARCEL 704 The value of the land in Parcel 704 is $30.00, the same as the value of the land in the parent tract. The fee simple value of Parcel 704 is as follows. 124 square feet x $30.00 per square foot = $3,720 Capitalization rates for land are typically lower when land is highly priced and conversely higher when the price of land is low to moderate. The range is from about 5% to 10% of the price of the land. For the appraised property a capitalization rate in the mid-range at 8% is reasonable. Rent amount for Parcel 704 is as follows. $3,720 x 8% = $297.60 annual rent / 12 months = $24.80 monthly rent Realtyrates.com list land discount rates from about 7% to 9%. The appraisers have support for land discount rates from 6% to 8% over a period of time. A discount rate of 8% is used in this valuation. VALUATION Present Value of monthly rental rate of $24.80 for 101 months discounted at 8% _ $1,818.53, rounded to $1,800.00 All improvements are demolished; therefore, total compensation for Parcel 704 is $1,800.00 86 1168 CERTIFICATION I certify that, to the best of my knowledge and belief, the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. I have no bias with respect to the 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. 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. 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. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475, Part 11 F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the property that is the subject of this report on January 27, 2023. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions and opinions concerning real estate set forth in this report. No one else has provided significant professional service to the persons signing this certification. The Appraisal Institute and the American Society of Appraisers each conduct programs of continuing education for their designated members. As of the date of this report, Jesse B. Vance, Jr. and Claudia Vance have completed the continuing education program for Designated Members of the Appraisal Institute. Continuing education programs are also completed for the American Society of Appraisers and the State of Florida. Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-CertifiedGeneralReal Estate Appraiser No. RZ-85 Claudia Vance, MAI Florida State -Certified General Real Estate Appraiser No. RZ-173 87 1169 CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report, subject to the limiting conditions hereafter cited, are correct to the best of the writers' knowledge. 1. The undersigned have personally visited the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included, the subject is analyzed as though free and clear of liens and encumbrances. 3. No responsibility is assumed for legal matters, nor is an opinion of title rendered. Title is assn ned to be good and held in Fee Simple. 4. Legal descriptions and property dimensions have been furnished by others; no responsibility for their correctness is assumed. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not carry with it the right of publication, duplication, or advertising using the writers' names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. S. Improvements, if any, are those noted and reported on the date of inspection. 9. The value or values estimated apply ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present, past or contemplated interest in the subject of this report. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses, opinions and conclusions were developed, and this report has been prepared, in confonnity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. The existence of potentially hazardous material used in the construction or maintenance of buildings, such as the presence of urea formaldehyde foam insulation, and/or existence of toxic waste, which may or may not be present on the property, has not been considered. Additionally, soil or sub -soil contamination may exist from current or prior users, or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey, Endangered Species Survey, or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use, and possibly, value of the appraised property. The appraisers are not qualified to identify these factors. We recommend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B. Vance, Jr. and Claudia Vance were responsible for the analyses, conclusions, and opinions of real estate set forth in this report. (No one else provided significant professional assistance to the report signers). 16. The Americans with Disabilities Act (ADA) became effective January 26, 1992. We have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property would reveal that the property is not in compliance with one or more of the requirements of the act, which could reduce property value. 17. Prospective value estimates are based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events that might alter market conditions upon which market value has been estimated. 18. The appraisers certify that they have the knowledge and experience required to perform this appraisal assignment. 19. The appraiser reserves the right to amend or change this report at any time additional market information is obtained which would significantly affect the value opinion. Jesse B. Vance, Jr., MAI, SRA, ASA State -Certified General Real Estate Appraiser No. RZ 85 February 13, 2023 Claudia Vance, MAI State -Certified General Real Estate Appraiser No. RZ 173 February 13, 2023 88 1170 ADDENDA 89 1171 PARENT TRACT LEGAL DESCRIPTION Kamm ThIc Scrvkcs Inv. 12M5 Omne DOm SW & 16 INK FL. 333Y), IMU A TKD TM LE R E PO Rl' REPURT NCX 2 10d:021 KNUEMSEGNO. 2M9KI 1�()Al) K(). 9 SECll.0N,,J08N0,, 93220-2562 1�()Al) NA14,E D 95 (0 (lalevva,ffivd. PARCELAXX I I V7N CEWHRED LEGAL DESCRIP I R)N LoN I MmuO Mm k 2; ROU I GREEN RUME FMST ADDaKM. Kamling Lo the Plat lliereol rmurdicd in PWI Book 24, Page 2,23, FlubHc,ReOWdS 01'P-21ML BRach Ummy, Fludda, Less PUTHWI &SOAW OK BeWn al Me NVV emma of Ul I Umme mu& 88 diegrees 5 ;21"' mist 50292 Cvx,,< to flic lbcg,rming cif am curve uonczwc sc)uUmowdy hmAng a rMim of 25 JAL Once sawheamerlyaJong said cumw 383-1, lixt throi,igharmilrW anglv. of 81krms 5W w to mM of =ne Meme nunh 89 cWgmm 259"wom 7590 04 Oicuc mwh 01 &gmm Nll" wvq 2C68 W w Q p1m of beghning. 90 1172 PART TAKEN LEGAL DESCRIPTION [EmV , ScgmcM Nrl, 21,1119,31 Section, 93220-2561"21, 01-2 2G l"ce Sirttplc Right of W41y Parcel 117 state Tion d r,') (1-95) 11,a ll A"mich Ucmunt,.,i Ov-scrikt, ion 1� G , 7 ,A lxiiflon rWl.,ots l, 2, a,,nd 1,_l3lock V, R,C)f.1P"" C IF Ci Rlf"LEN R11�) (131�1. FRSTAINJI'l WIN, aoc-a�rrding o:a thie plat a,s iiiuprded ii -E FIL-vt Book 2,4" Bagc ,32!3, 0i'll1c 1-11tiblic RccvRls cd-Fa[mBeacl,i �'Irvmy, flurkzha, 1� ing i 11 seci i ��Al, 1 67� 'I"comtship 15i Scwth, Range 4 3 East, ias S,,l 1cl ve'fl rti I Shect 4 and 7 cdche 14�)hd,i Departimmit, Right (d' Mi(iry NI'ap fci�r Slat*c, Ri,�,mqid 9 ((irkW'F518tG 915), 11t-an)'4sugn-ivrkL No 231,9321, Sectiiupn 9322(Y,2562, Tieing n1ore part icur arly fia 111 �, 1w 5 ("onlillclIce Lit Cl (lrne,i u�'!sajid LA: 3, als;ci b6l"Ig a p')'^6 ll on tht" 1%1'esterhp" V�US611. l6glil of Way FxislArlg 7 saicl R 4 "' 'lu ol"Way Hniu., it 53 J�ct, to flu, ThOINTOF N��:-irt h 4 W'04,`016" %V C -A, 2 iLTO Ull I'Ve 4.d'2 9. 0 15 i1c')c 111 11 Lt Souih 87' I 3 ' 4 V We St., d d ISI 3 1 We qarf I �2' . 21) fev", thco'c"c 1011"13 41, (?f 24.0 k"Ut 10 0 110hlt Lill qltc Sq,-)udt linc ,v' dic alu,m-esz11,d Lcfl, 1, Il'itAIclesoltjfl["a 88''1`27'55" to along mid Sotilh kne, as disirancv of 6.67 Piet to jlae; Soudwo C1rncr Ix -1 1, pl,"mu or',o Ellie ["IN istin ofWay him of M)l V Surcc-t� thence N01111 W141'", I aid Fa IedPrym 1,-x i si i ng R igh t rpt` Way 1I i ne, a di:�&ancc of 55.84 feel Lo a point an Ole &:Raherly lEx ist ilig R ighl o f Wwy' hillu" 0, f- O'CACMd), flic-nec Nm-lh 7, V'44`415" Ftisi Mid Exislinp, RIVJ-iIof knc, a disuance: ol'87,02 lhencic�� Solgh 8,911,50, "1, 8E"ast Aloing saigJ S�,I,illlwrly E"xkolim,g Right M-�A`alv hile, a clisrancr of l 16 2,9^ fmt to ci (in du aR:ire&,,.d'd Mlestedy Exi,,d,ng Riglit linc, of Nci,mh 1:'ucacmm, H-oul,xvard, thence �cnah 01 ° 1 "25" 11,ast, ulung Naid %Vicstcrl-y F%ishnv Rinlll 0j I Miiv� line, rt J i statice, o 167,4 5 ['ucl to d ic B, A N-FL,11 T°'1. ), I N NJ [Nfji I ( I o ri rainvrd .; 9, 714 5quiarc fect, rng'."ri: or Icss" 91 1173 TEMPORARY CONSTRUCION EASEMENT LEGAL DESCRIPTION I eemmplporary I 'asellien t Se,oikin 93Z.2,0-2562 (1) ll I 81 2'() llarc.c I No, 7114 Stale Road 9 (]..95) Palm BeALb ('QuAloy A porlicmw 1'4 1 xfl 1, Block 27, ROLLL IN(.; GREt"N R11)(1i V JAR', l AL)Vll ION, ',vzc�crcfivg to rhe plat thercof, ari rccordt,.,d in 11hil Buuk 24, Pa,�;,'e 22.3, ofthe Pubfic Record's ofFfillilli Beach Cullngy, Floricha, [ying, in, Sctcfl:)n 16, llov,,'jW'up 45 smith, kGLvqc 43 East, as shinmrril cm 4 and '7 ol:" i,he F'I'muh Dej:Mazlmtvenl of Right of way Map, for "Aalct Rom"I 9 (]WersUle 195). 211'93.�'� 1, Secticm 9,1220.. 2��62,, kleing, mtore Huai licularlax dcz ibed a',js kdknvs- onnnecur zi I. flic Sunkhlx'%llcsl 4 oiriker of�w-lkl Lot 1, ldl";o Lm"fln a poim, crn Hit F �lnsledy FNJming, Righl 04' 'W'av hiiiw thence Nicnih 88'27"5,5"" Eam akmL, the S01.1al hrw lcafsnid Lol: 1, a dis0ricie uC6 67 MM to li'm 11101N]" 01' "Nol-11,101 Xvs of 2'4.81") kxm-' 011clicu 7""1:'3, 19" 1. oiF 5"00 t' 1, 01".11 "'25" E,,'tsa, a, ,I distance ('11 dl'J'.91 lvo ) ;,I pc)imt cM, 1hr South line of gild I,0 I Iffience Sciulh 98'27"55"' We -q A 1111 ig N,' I ,tid SiOLHAt, line, a Lfislanec 00,k0 ic flw, fl( RFG�"NN Clcprvlaiini i,ng 124 5fj unric Fccl, inore. or kNs. ek w-mimporary umerile'ril. p61 tulle purpcise oflying, in and ha,urn,unizvrig si-mid 2rul khe wal4wAY5, cu"'. lo flit." rn,-lilwo'y i'llljl'rovcml.lB In lm comilnuzlied vdilhln O'le righL or%vw'togethel. %villl nhcl 01g1nl il'iffC55 IrWd cgress" wid Illong w4h "ln' or"lict. ilwkicrim"s nmcs'"ly cw culm"lucilt In connedion wilb lbe wristniction be undurt.:iken, I r5 khe Dupartntemil. (Imse'll-vvilt 'llnvllldcs ams cxcavaiion on [lit', mlbjlccpropuzly mOcyuivcd Gcir the purpmrni susin'l heltirl. This Easement is granted upon the cundifloci lbal dic floping and','or gradiiing uplun illic a�vve land shall nrwt exle.nd heycvnid di c limits oudined almovc. the Iuought t - ingress 211d iqlFuSs, m ctno;rol ilii prcycnly liv thc %,tilted, J�Vwrp' mes, lox Sl Ll,�'e le.i:l H irill wril kw 11 lie 54410(j pljrrKNtS" aval to acc a. ll,fc- ibir Ox covnicr for purpcics ol'aplillying for arty 11--c'maxy pernrihs aml,"cW,ap Pro va Is to accompfish IL �taied pu rpv,'.xSes, I'llis Fasemcw shufl cxjilrc lipon the 0A'1tj)'k",,rlon caJ , thJs ucpI& ftan 1.he kishyofhfly 2011. 92 1174 Property fi-ffcrrnaflari� Owner Name: Parcel Control Number: Location Address: Str ucti,ir'ial 111)e'uails Printer Friendly Structural Details 084345-16-01-027-0010 2191 N SEACREST ]BLVD Structural Element for Building I vo, 1959 I- Nh,l lPT 'I D)PA, A 1411 Subarea and Sq. Footage for Building I Code Description Sq. Footage 0 1, 1, 1316 95 1 Vowucp- 1411 Sketch for Building I ---- - -------- Extra F'eature Paving- Asphalt 1997 6539 Unir niesy represent the peritneter, square footage, linear footage, total nuniber or other, rneasurement of the feature depending on the feature described. De"'c � pI If n 1. MUNICIPALLY OWNED C1 9936 02281 93 https:/Avww.pbcgov,org,lpapa/Asps/PropertyDetaii/PrinterFriendlyStrDetaii.aspx?ent4_id=0843416010270010&Owner—Name=BOYNTO1'al' BEACH CL.. 1175 .SEXT'ON ENGIN'EERIN'G.��,,S-SO,("I"[A�-I'ES,,., INC. CONSULTING ENGINEMS AND SUIWEYORS .................... Parc.el 1,17 F.P. No.231932-1 State Ro 9, (1-,95) October 13, 2022 POntty, E'Stim ate, of ExIstingi site imp rovements -w—ithin p A t qO—I 117 DesqMtion: U 1,14 guainh�, Asphalt Pavement5, y 439 Curb "Type "U" Pf 92 CBS BuN d iing (8" Ih ig h) sf' 43 CBS SuOdIng (10' high) 5f 11,31f Ca nopy sf 2140 4"' Concrete Siab Sf 240 ADA Concrete Ramlq sf 115 Ifancftafli(ArJA Ramp) if &") Fair in 1340p, @,a l't D OU l IRairkimg Striping 14 wide), if 1810 AcrxssVe Route Striping St 90 Sip jcmkway Zrorw) Qar I Dgfil Flolle fled, 1Electr1c) ea, Flag Pale 106), 1 Mail Box ea .1 Landsca tkxv Shriade'Trees (W high) ea 7 Palm I re e (8' h'l ti) ea 1 Prepared Topsud (4") 43 Iiedges if 13,2 'lames 19 1 Mulch I'S I Grass 0 3 500 Irrigation, Is. I 110 Ponce De Leon Streat, Suite, 1010 RovW Palm Beach, Rortdaj 3341 "1 prior w 561.4qZ3122 fax 561,,7924168 94 1176 C. Non -Residential Building and Site Regulations (Table 3-2). NON-RESIDENTIAL C-1 C-2 C-3 C-4 CBD PCD M-1 P NOW C-1 C-2 C-3 C-4 CBD PCD M-1 PID RESIDENTIAL Density N/A N/ N/A N/ N/A N/A N/A Flexible" (dwelling units A A per acre): Project Area, N/A N/ N/A N/ N/A 311 N/A 2511 Minimum A A (acres) Lot Area, 9,00 5,0 15,0 5,0 15,000 Flexib le 10,000 Flexib le Minimum 0 00 00 00 (square feet): Lot Frontage, 75 50 75 50 75 Flexib le 0 Flexib le Minimum: Lot Depth, 120 100 N/A 100 100 N/A N/A N/A Minimum: Lot Coverage, 40% 40 40% 40 75% 1B 40%11 60% 60% Maximum: % % Floor -Area- 0.40 0.5 0.50 0.5 N/A 0.50 0.50 0.50 Ratio (FAR), 0 0 Maximum: Structure 304 259 45 45 45 45 45 45 Height, Maximum (feet): Building Setbacks, Minimum (feet)14: Front 30 30 20 25 0 40 15 30 Rear 20 20 202 205 206 40 203 30 Interior side 10 15 01 155 0 30 154 20 Corner side 10 20 20 155 87 30 15 30 Building Setbacks, Minimum if abutting a residential district 95 1177 (feet)": BUILDING/SITE REGULATIONS C-1 District (Overlay regulations may apply. See Section 8 below.) Rear 30 30 30 30 N/A N/A 30 N/A Interior side 30 30 30 30 N/A N/A 30 N/A Corner side 30 30 30 30 N/A N/A N/A N/A Waterfront yard N/A N/ I A N/A N/ I A 8b N/A N/A N/A A. C-1 Office and Professional Commercial District. 1. General. The purpose of the C-1 zoning district is to implement the office commercial (OC) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to provide appropriate space for office and professional uses, while also serving as a transitional area between residential and higher intensity commercial areas. 2. Use(s) owe .See se Matrix Table 3-28 in Q� m tie ..3... iriikllfm....11,V...",tmmfmdio.!r '. .D. 3. Building and Site Regulations (Table 3-15). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS C-1 District (Overlay regulations may apply. See Section 8 below.) BUILDING/SITE REGULATIONS C-1 District (Overlay regulations may apply. See Section 8 below.) Minimum lot area: 9,000 s.f. Minimum lot frontage: 75 feet Minimum lot depth: 120 feet Minimum yard setbacks: Front: 30 feet Rear: 20 feet Abutting: Residential district(s) 30 feet Interior side: 10 feet Abutting: Residential district(s) 30 feet Corner side. 10 feet Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) 0.4' Maximum structure height: (For hospitals only) 30 feet2 45 feet 96 1178 In reporting the results of a real property appraisal, an appraiser must communicate each analysis, opinion, and conclusion in a manner that is not misleading. STANDARD 2 addresses the content and level of information required in a report that communicates the results of the real property appraisal. STANDARD 2 does not dictate the form, format, or style of real property appraisal reports. The substantive content of a report determines its compliance. STANDARDS RULE 2-1 Each written or oral real property appraisal report must: (a) clearly and accurately set forth the appraisal in a manner that will not be misleading, - (b) contain sufficient information to enable the intended users of the appraisal to understand the report properly; and (c) clearly and accurately disclose all assumptions, extraordinary assumptions, hypothetical conditions, and limiting conditions used in the assignment. STANDARDS RULE 2-2 Each written real property appraisal report must be prepared under one of the following options and prominently state which option is used: Appraisal Report or Restricted Appraisal Report. An appraiser may use any other label in addition to, but not in place of, the labels set forth in this Standards Rule for the type of report produced. The use of additional labels such as analysis, consultation, evaluation, study, or valuation does not exempt an appraiser from adherence to USPAP. The report content and level of information requirements in this Standards Rule are minimal for each type of report. An appraiser must supplement a report form, when necessary, to insure that any intended user of the appraisal is not misled and that the report complies with the applicable content requirements. (a) The content of an appraisal report must he appropriate for the intended use or the appraisal and, at a minimum: (i) state the identity of the client, or if the client requested anonymity, state that the identity is withheld at the client's request but is retained in the appraiser's workfile; (ii) state the identity of any other intended users by name or type; (iii) state the intended use of the appraisal; (iv) contain information, documents, and/or exhibits sufficient to identify the real estate involved in the appraisal, including the physical, legal, and economic property characteristics relevant to the assignment; (v) state the real property interest appraised; (vi) state the type and definition of value and cite the source of the definition; (vii) state the effective date of the appraisal and the date of the report; (viii) summarize the scope of work used to develop the appraisal; (ix) summarize the extent of any significant real property appraisal assistance; 97 1179 SUMMARY OF 2020-2023 USPAP (Uniform Standards of Professional Appraisal Practice) Standard Rule 2: Real Prollerty Annraisal. Reporting (x) provide sufficient information to indicate that the appraiser complied with the requirements of STANDARD I by: (1) summarizing the appraisal methods and techniques employed; (2) stating the reasons for excluding the sales comparison, cost, or income approaches) if any have not been developed; (3) summarizing the results of analyzing the subject sales, options, and listings in accordance with Standards Rule 1-5; (4) stating the value opinion(s) and conclusions(s); and (5) summarizing the information analyzed and the reasoning that supports the analyses opinions, and conclusions, including reconciliation of the data and approaches; (xi) state the use of the real estate existing as of the effective date and the use of the real estate reflected in the appraisal; (xii) when an opinion of highest and best use was developed by the appraiser; state that opinion and summarize the support and rationale for that opinion; (xiii) clearly and conspicuously: • state all extraordinary assumptions and hypothetical conditions, and • state that their use might have affected the assignment results, and (xiv) include a signed certification in accordance with Standards Rule 2-1. STANDARDS RULE 1-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. 98 1180 475.611 Florida Statutes: Definitions. - (1) As used in this part, the term: (a) "Appraisal" or "Appraisal Services" means the services provided by certified and licensed appraisers or registered trainee appraisers, and includes: 1. "Appraisal assignment" denotes an engagement for which a person is employed or retained to act, or could be perceived by third parties or the public as acting, as an agent or a disinterested third party in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real property. 2. "Analysis assignment" denotes appraisal services that relate to the employer's or client's individual needs or investment objectives and includes specialized marketing, financing, and feasibility studies as well as analyses, opinions, and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, or real estate consulting. 3. "Appraisal review assignment" denotes an engagement for which an appraiser is employed or retained to develop and communicate an opinion about the quality of another appraiser's appraisal, appraisal report, or work. An appraisal review may or may not contain the reviewing appraiser's opinion of value. (b) "Appraisal Foundation" or "foundation" means the Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois. (c) "Appraisal report" means any communication, written or oral, of an appraisal, appraisal review, appraisal consulting service, analysis, opinion, or conclusion relating to the nature, quality, value, or utility of a specified interest in, or aspect of, identified real property, and includes any report communicating an appraisal analysis, opinion, or conclusion of value, regardless of title. However, in order to be recognized in a federally related transaction, an appraisal report must be written. (d) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's appraisal, appraisal report, or work. (e) "Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended. (f) "Appraiser" means any person who is a registered trainee real estate appraiser, licensed real estate appraiser, or a certified real estate appraiser. An appraiser renders a professional service and is a professional within the meaning of 95.11(4)(a). (g) "Board" means the Florida Real Estate Appraisal Board established under this section. (h) "Certified General Appraiser" means a person who is certified by the department as qualified to issue appraisal reports for any type of real property (i) "Certified Residential Appraiser" means a person who is certified by the department as qualified to issue appraisal reports for residential real property of one to four residential units, without regard to transaction value or complexity, or real property as may be authorized by federal regulation. Q) "Department" means the Department of Business and Professional Regulation. 99 1181 2020 FLORIDA STATUTES Title XXXII Chapter 475 View Entire REGULATION OF PROFESSIONS REAL ESTATE BROKERS, SALES Chapter AND OCCUPATIONS ASSOCIATES, SCHOOLS, AND APPRAISERS 475.628 Professional standards for appraisers registered, licensed, or certified under this part.— (1) The board shall adopt rules establishing standards of professional practice which meet or exceed nationally recognized standards of appraisal practice, including standards adopted by the Appraisal Standards Board of the Appraisal Foundation. Each appraiser registered, licensed, or certified under this part must comply with the rules. Statements on appraisal standards which may be issued for the purpose of clarification, interpretation, explanation, or elaboration through the Appraisal Foundation are binding on any appraiser registered, licensed, or certified under this part, upon adoption by rule of the board. (2) The board may adopt rules establishing standards of professional practice other than standards adopted by the Appraisal Standards Board of the Appraisal Foundation for nonfederally related transactions. The board shall require that when performing an appraisal or appraisal service for any purpose other than a federally related transaction, an appraiser must comply with the Ethics and Competency Rules of the standards adopted by the Appraisal Standards Board of the Appraisal Foundation, and other requirements as determined by rule of the board. An assignment completed using alternate standards does not satisfy the experience requirements under s. 475.617 unless the assignment complies with the standards adopted by the Appraisal Standards Board of the Appraisal Foundation. History.—ss. 9, 11, ch. 91-89; s. 4, ch. 91-429; s. 35, ch. 98-250; s. 22, ch. 2012-61; s. 9, ch. 2017-30. 100 1182 Page t of 6 Vance Real Estate Service FFA W® My® Jesse B. Vance, Jr., MAI, SRA, ASA, MBA Appraiser • Real Estate Analyst • Reviewer - Expert Witness Vance Real Estate Service • 7481 NW 4 Street • Plantation • Florida • 33317 Office: 954.583.2116; Cell: 954.610.2423; Email: vanceval(a,comcast.net Web Page: www.vancerealestateservice.com Vance Real Estate Service is a Veteran -Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 45 years. Designated appraisers perform the appraisal work, no trainees. Jesse B. Vance, Jr., MAI, SRA, ASA, MBA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, bankruptcies, deficiency judgments, marriage dissolution, and estate valuations. Our firm values most types of real property interests for sale, mortgage loans, litigation and investment reasonably, timely and professionally. As licensed real estate brokers, we perform most other real property functions. We also do "Valuations for Financial Reporting." PROFESSIONAL QUALIFICATIONS A) PROFESSIONAL DESIGNATIONS/ DEGREES/ LICENSES & CERTIFICATIONS MAI DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 SRA DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 ASA DESIGNATION - AMERICAN SOCIETY OF APPRAISERS (RE -Urban) #003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE -CERTIFIED GENERAL REAL ESTATE APPRAISER #RZ-85 (Florida) FLORIDA STATE LICENSED REAL ESTATE BROKER NO. BK. 91050 REGISTERED VETERAN -OWNED SMALL BUSINESS (CCR/Duns 826494957) FLORIDA CERTIFIED SDVBE BUSINESS ENTERPRISE (Minority Business Enterprise - MBE) FLORIDA "D.E.P." APPROVED APPRAISER B) QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION 1. U.S. Court of Appeals, Eleventh Circuit 2. U.S. District Court, Southern District of South Florida 3. U.S. District Court, New Jersey 4. U.S. Bankruptcy Court, Southern District of Florida 5. U.S. Bankruptcy Court, District of New Jersey 6. U.S. Bankruptcy Court, Western (Pittsburgh) Division of Pennsylvania 7. Florida Circuit Courts: Broward, Dade, Palm Beach, Lee, Collier, Martin, and Okeechobee Counties S. Appraiser on landmark eminent domain cases: TESSLER, NESS TRAILER PARK, PATEL, SIMPSON v. FILLICHIO, RUBANO, PALM BEACH COUNTY (FL) vs. COVE CLUB INVESTORS, LTD. C) EXPERIENCE Over thirty-five (35) years appraising and analyzing real property interests in South Florida. Partial list: RESIDENCES, RESTAURANTS/BARS, APARTMENT BUILDINGS, OFFICE BUILDINGS HOTELS/MOTELS, CHURCHES, CONDOMINIUMS/COOPS, HOSPITALS & NURSING HOMES, VACANT LAND, GOLF COURSES, GOLF CLUBS, GASOLINE SERVICE STATIONS, MARINAS, TRAILER PARKS, SHOPPING CENTERS, BANKS/THRIFT INSTITUTIONS, BOWLING ALLEYS, P.U.D.'S, INDUSTRIAL BUILDINGS, TIME-SHARE DEVELOPMENTS, ROCK PITS, SCHOOLS, AGRICULTURAL PROPERTIES, WATER MANAGEMENT DISTRICT, MARKETABILITY, FEASIBILITY ANALYSES, INVESTMENT ANALYSES, AUTO SALES FACILITIES, LEASE VALUATIONS, TAX & ASSESSMENT APPEALS, CONDEMNATION, EXPERT WITNESS (Member National Forensic Center), BUSINESS ENTERPRISE VALUATIONS (BEV), (VFR) VALUATION FOR FINANCIAL REPORTING, AVIGATION & CLEARANCE EASEMENTS, ESTATES, DIVORCES, PLANNING/LAND USE STUDIES, HIGHEST & BEST USE ANALYSES, DEPRECIATION ANALYSES, COMPONENT APPRAISALS, ENVIRONMENTALLY SENSITIVE LAND, CONTAMINATED PROPERTIES, SUGARCANE & TURFGRASS LAND, DAY CARE CENTERS, SELF -STORAGE FACILITIES, FUNERAL HOMES, ANIMAL HOSPITALS, SUBMERGED LAND, CITY CENTERS, etc. 101 1183 Page 2 of 6 D) PARTIAL LIST OF CLIENTS PRIVATE INDIVIDUALS AND CORPORATIONS, ATTORNEYS, ACCOUNTANTS, TRUST DEPARTMENTS, COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; American National Bank; Landmark Bank; City National Bank; BankUnited; Gateway American Bank; State Farm Bank; Englewood Bank & Trust; SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES; FLORIDA CITIES: FORT LAUDERDALE, PLANTATION, COOPER CITY, TAMARAC, LAUDERHILL, BOCA RATON, DEERFIELD BEACH, OAKLAND PARK, WILTON MANORS, HOLLYWOOD, WEST PALM BEACH, DELRAY BEACH, HALLANDALE, PEMBROKE PINES, COOPER CITY, TOWN OF DAVIE, TOWN OF SOUTHWEST RANCHES, MIRAMAR. FLORIDA COUNTIES: BROWARD, PALM BEACH, COLLIER, OKEECHOBEE; BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS; OKEECHOBEE BOARD OF COUNTY COMMISSIONERS. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY HOUSING AUTHORITY, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (DOT); STATE OF FLORIDA DIVISION OF GENERAL SERVICES(GSA); N. BROWARD GENERAL HOSPITAL DISTRICT; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Approved Vendor);U_S. TREASURY DEPARTMENT (General Counsel, I.R.S.); U.S. MARSHAL'S SERVICE — U.S. ATTORNEY'S OFFICE CENTRAL DIVISION — U.S. Dept. of Justice; VETERANS ADMINISTRATION E) EDUCATIONAL BACKGROUND - (Partial List) BACHELOR OF ARTS - Earlham College, Richmond, Indiana (1954) MBA (Nova University) - Real Estate Management & Development (National Dean's List 1991) Course 1 (AIREA) - Basic Principles of Appraising Course 2 (AIREA) - Urban Property Valuation (Income) Course 4 (AIREA) - Condemnation Appraising Course 6 (AIREA) - Income Capitalization & Analysis Course 101 (SREA) - Introduction to Appraising Course 201 (SREA) - Income Property Valuation, Theory Course 202 (SREA) - Applied Income Property Valuation Course 301 (SREA) - Applications/Appraisal Analysis Symposium (SREA) - Market Analysis, 1978, Virginia Symposium (SREA) - Market Analysis, 1979, Arizona Symposium (SREA) - Market Analysis, 1980, South Carolina Symposium (SREA) - Market Analysis, 1981, Tennessee Symposium (SREA) - Market Analysis, 1982, New Mexico Symposium (SREA) - Market Analysis, 1983, Pennsylvania Symposium (SREA) - Market Analysis, 1984, Georgia Symposium (SREA) - Market Analysis, 1985, Vancouver, B.C. Symposium (SREA) - Market Analysis, 1986, New Jersey Clinic (SREA) - 4201 Instructor, 1987, U. of Illinois Clinic (SREA) - #201 Instructor, 1988, Illinois Seminar (SREA) - Professional Practice, 1988, Florida Symposium (SREA) - Market Analysis, 1988, California Symposium (SREA) - Market Analysis, 1989, Minnesota MBA Graduate School Courses: 1990 —1991 Successfully completed the following graduate school courses - "Regulation of Real Estate Development" - "Real Properties Management" - "Legal Issues In Real Estate" - "Market Analysis and Site Selection" - "Organizational Behavior and Management"" - "Human Resource Management" - "Real Estate Economics" - "R. E. Finance: Instruments, Institutions & Investment Analysis" - "Urban Infrastructure & Environmental Analysis" - "Real Estate Accounting" - "Marketing Management for Real Estate" - "Commercial Real Estate Lending" - "Construction Technology and the Building Development Process" SEMINAR (AI) - Cost Approach (1992/Boston) SEMINAR (Al) - Rates & Ratios (1992/Boston) SEMINAR (Al) - International Appraising (1992/Boston) SEMINAR (Al) - Litigation Valuation/Mock Trial (1993) SEMINAR (Al) - ADA ACT (1993/Reno) SEMINAR (AI) - Hotel Valuation (1993) SEMINAR (Al) - Income Capitalization, Methods (1993) SEMINAR (AT) - Powerlines/Electromagnetic Radiation (1994) SEMINAR (Al) - Verifying Market Data (1994) SEMINAR (AI) - Market Studies for Appraisals (1994) SEMINAR (AT) - Florida Appraiser Core Law (USPAP/ 1994) 102 1184 Page 3 of 6 E)EDUCATIONAL BACKGROUND - (Partial List, continued) SEMINAR (AI) - Limited Appraisals & Reports (USPAP/1994) SEMINAR (AI) - Public Safety & Property Values (1995) SEMINAR (Al) - Outparcel Valuation (1995) SEMINAR (AI) - Computer Technology Video Conference (1995) SEMINAR (AI) - The Internet & the Appraiser (1996) SEMINAR (AI) - Florida Commercial Construction (1996) SEMINAR (AT) - Real Property Rights in Florida (1996) COURSE (Al) - USPAP & Florida Real Estate Core Law (1996) SEMINAR (AI) - Valuation of Trees (1997) 3 -DAY COURSE - Environmental Pennitting/Mitigation/Mitigation Banking/Contamination Risk Management- Liability/Wetlands/ Hazardous Wastes/Lender Liability (1997/Marco Beach. FL) SEMINAR (AI) - Valuation of Transferable Development Rights [TDR's] (1997) COURSE (AI) - Standards of Professional Practice, Part C, 15 hour Course #430 (1997) SEMINAR (AI) - Non -Conforming Uses (1998) SEMINAR (AT) - The Impact of Contamination on Real Estate Value (1998) COURSE (AI) - USPAP & Florida Real Estate Core Law (1998) SEMINAR (AI) - Econometrics/Statistical Valuation Methods (1999) COURSE (AI) - 14 Hour (2 -day) Advanced Spreadsheet Modeling for Valuation Applications SEMINAR (AI) - Globalization of Real Estate/What U.S. Appraisers Need to Know (1999) SEMINAR (AI) - The Role of the Appraiser in Alternative Dispute Resolution (Mediation/Arbitration) (1999) SEMINAR (AI) - Technology Forum Part IFIntermediate (1999) SEMINAR (AT) - Client Satisfaction/Retention/Development (1999) SEMINAR (AI) - Attacking and Defending an Appraisal (1999) SEMINAR (Al) - Federal Appraisal Requirements ("Yellow BooK') (2000) SEMINAR (AI) - Regression Analysis in Appraisal Practice: Concepts & Applications (2000) SEMINAR (Al) - Analyzing Income Producing Properties (2000) SEMINAR (ATIF) - 1031 Tax Deferred Exchanges (2000) COURSE (AI) - USPAP & Florida Real Estate Core Law (2000) SEMINAR (AI) - Mediation & Alternate Dispute Resolution Seminar (2001) SEMINAR (AI) - State of the Appraisal Profession (2001) 2 -Day SEMINAR - Eminent Domain, by CLE International, Tampa, Florida (2001) SEMINAR (AI) - Ad Valorem Assessment Process in Florida (2002) SEMINAR (AT) - Role of Real Estate Appraisers in Bankruptcy Proceedings (2002) SEMINAR (Al) - Appraisers & the Gramm -Leach -Bliley Federal Privacy Act (2002) SEMINAR (AI) - How to Appraise the Ugly House (2002) COURSE (AI) - 2 -Day Course #430, Standards of Professional Practice, Part C (2002) SEMINAR (AI) - Market Trends for 2003 (2003) SEMINAR (AI) - Update on Code of Professional Ethics (2003) PANEL (AI) - Moderator "Industry, Consumer & Congressional Views on Predatory Lending" D.C. (2003) SEMINAR (AI) - Florida State Law for Real Estate Appraisers (2003) SEMINAR (AI) - Appraisal Agreements (2003) SEMINAR (AI) - Analyzing Distressed Real Estate (2004) SEMINAR (AI) - Valuation for Financial Reporting Purposes (2004) SEMINAR (AT) - 7 Hour National USPAP Update Course #1400 (2004) SEMINAR (AT) - Inverse Condemnation (2004) SEMINAR (AI) - Appraiser Independence in the Loan Process (2004) SUMMIT (Al) - Moderator at 2 -day Appraisal Summit in Washington, D.C. (12/2004) SEMINAR (AI) - Loss Prevention Program for Real Estate Appraisers (2005) SEMINAR (AI) - Valuation of Wetlands (7/2005) SEMINAR (AI) - Tri -County Residential Symposium (8/2005) SEMINAR (AI) - "Cool Tools" Internet Resources and Use for Valuation (2/2006) SEMINAR (AI) - FREAB 7 -Hour National USPAP Update (5/2006) SEMINAR (Ai) - FREAB 3 -Hour Florida State Law for Real Estate Appraisers (5/2006) SEMINAR (AT) - USPAP Scope of Work & New Requirements (8/2006) SEMINAR (AI) - USPAP Reappraising, Readdressing & Reassigning Appraisal Reports (2/2007) SEMINAR (AI) - AI Summary Appraisal Report/Residential (4/07) COURSE (Fla.) -14-Hour Continuing Education (including 3 -Hour Florida Core Law) (7/2007) SEMINAR (AI) - Real Estate Fraud: Appraisers Beware! (8/2007) SEMINAR (AT) - Florida Law for Real Estate Appraisers (11/2007) COURSE (AI) - Business Practices and Ethics — 8 hours (12/2007) SEMINAR (AI) - Supervisor Trainee Roles and Rules (2/2008) SEMINAR (AI) -7 Hour National USPAP (4/2008) SEMINAR (AT) - USPAP Hypothetical Conditions & Extraordinary Assumptions (5/2008) SEMINAR (AT) - Litigation Skills for the Appraiser— 7 -Hour Seminar (9/2008) SEMINAR (AI) - Public Sector Appraising (2/2009) 103 1185 Page 4 of 6 E) EDUCATIONAL BACKGROUND - (Partial List, continued) WEBINAR (AI) - Develop an Effective Marketing Plan (3/2009) SEMINAR (AI) - Inspecting the Residential "Green House" (4/2009) SEMINAR (AI) - Property Tax Assessment (5/2010) SEMINAR (AT) - Supervisor Trainee Roles and Rules (7/2010) SEMINAR (AI) - Florida Law for Real Estate Appraisers (7/2010) SEMINAR (AI) - 7 -Hous- Introduction to Valuation for Financial Reporting — Chicago (5/2009) SEMINAR (AI) - Government Regulations & Their Effect on R.E. Appraising (8/2009) SEMINAR (Al) - R.E.Market: How We Got Here, Where We Are, Where We're Going (10/2009) SEMINAR (AI) - 7 Hour National USPAP Update Course (10/1/2010) COURSE (Al) - 7 Hour Introduction to Conservation Easement Valuation (12/10/2010) SEMINAR (AI) - The Real Estate Market (2/18/2011) COURSE (AI) - 16 Hours Uniform Appraisal Standards for Federal Land Acquisitions ("Yellow Book') (2/25-26/2011) WEBINAR (Ai) - Real Estate Industry Perspectives on Lease Accounting (4/7/2011) COURSE (AI) - 15 Hour Appraisal Curriculum Overview (5/19-20/2011) WEBINAR (AI) - 2 -hour Investment Property Accounting Standards (6/8/2011) SEMINAR (AI) - 3 Hour Spotlight on USPAP — Agreement for Services (7/15/2011) COURSE (AI) - 14 Hours (2 -day) Advanced Excel Spreadsheet Modeling for Valuation Applications (9/22 & 9/23/2011) SEMINAR (AT) - Trial Components (11/4/11) SEMINAR (AI) - Lessons from the Old Economy Working in the New (1/20/2012) 7 -Hour USPAP - National USPAP Update (3/9/2012) 3 -Hour Fla. Law - State Law Update (3/9/2012) SEMINAR (AI) - Appraisal Review for General Appraisers (4/12/2012) SEMINAR (AI) - Land Valuation (4/20/2012) SEMINAR (AT) - The Valuation of Warehouses (6/22/2012) SEMINAR (AI) - Town Hall Meeting: 2012 Appraisal Institute Forum (7/12/2012) SEMINAR (AI) - IRS Valuation (7/19/2012) SEMINAR (AI) - 7 Hour Business Practices and Ethics Course (12/7/2012) SEMINAR (AI) - Real Estate Forecast 2013 (1/25/2013) COURSE (AI) - 7 Hour Advanced Marketability Studies (5/6/2013) SEMINAR (Al) - Developing a Supportable Work -file (11/15/2013) SEMINAR (Al) - Florida Appraisal Law Course (2/7/2014) SEMINAR (AI) - Liability Issues for Appraisers performing Litigation & Non -Lending Work (2/24/2014) COURSE (AI) - 7 Hour National USPAP Update Course (4/25/2014) SEMINAR (AI) - Economic Conditions (5/16/2014) SEMINAR (AI) - Fundamentals of Going Concerns (7/16/2014) SEMINAR (AI) - Litigation Assignments for Residential Appraisers (7/24/2014) SEMINAR (AI) - Economic Engines of Miami -Dade County, Florida (1/23/2015) SEMINAR (AI) - Economic Engines Driving Broward County, Florida (5/15/2015) 3 -Hour Fla.Law - Florida Real Estate Broker 14 -hour Continuing Education Course (incl. 3 hour core law) with exam (9/2015) SEMINAR (AT) - Drone Technology & its Effect on Real Estate Valuations (11/2015) SEMINAR (AI) - Loss Prevention for Real Estate Appraisers (1/22/2016) COURSE (AI) - 7 -Hour National USPAP Update Course (4/22/2016) SEMINAR (AI) - 3 -Hour Florida Appraisal Law (4/22/2016) SEMINAR (AI) - 4 -Hour Appraisals in the Banking Environment (5/6/2016) SEMINAR (AI) - Appraising the Tough One: Mixed Use Properties (8/19/2016) SEMINAR (AT) - 4 -Hour Business Practices & Ethics (12/02/2016) 5 -Year Requirement WEBINAR (AT) - 2 -Hour Yellow Book Changes — Overview for Appraisers (1/11/2017) SEMINAR (AT) - 3 -Hours Economic Engines Driving Broward County in 2017 (1/27/2017) COURSE (AI) - 7 -Hours: Introduction to Green Buildings Principles & Concepts (2/24/2017) COURSE (Al) - 4 Hours: Another View of the Tough One: Sales Comparison Approach for Mixed -Use Properties (5/19/2017) SEMINAR (AI) - 4 Hours: Appraising for Federal Office of Valuation Services & Yellow Book Review (8/18/2017) COURSE (BR) - 14 Hours Real Estate Continuing Education, including 3 -Hour Florida Real Estate Core Law (9/13/2017) COURSE (AI) - 4 -Hours: 2-4 Unit Small Residential Income Property Appraisals (11/3/2017) COURSE (AI) - 15 Hours "Yellow Book' Uniform Appraisal Standards for Federal Land Acquisitions —Passed Exam (11/10/2017) SEMINAR (AI) - 3 Hours "Hot Topics and Myths in Appraiser Liability' (1/26/2018) COURSE (AI) - 7 -Hour National USPAP Update Course (2/9/2018) SEMINAR (AI) - 3 Hours Florida Appraisal Law (2/9/2018) SEMINAR (AI) - 3 Hours "Parking Impact on Florida Properties" (5/4/2018) SEMINAR (AI) - 4 Hours "Technology Tips for Real Estate Appraisers" (9/21/2018) SEMINAR (AI) - 3 Hours "Airport Appraisals) (01/25/2019) SEMINAR (AI) - 4 Hours "Understanding an Investigation by a State Appraiser Regulatory Board or Agency (5/17/2019) SEMINAR (AI) - The 50% FEMA Appraisal Rule (8/23/2019) COURSE (BR) - 14 Hours Required Education (8 hrs. Specialty Education; 3 his. Core Law; 3 hrs. Business Ethics (9.3.2019) SEMINAR (AI) - Artificial Intelligence, AVMs, and Blockehain: Implications for Valuation. (1/24/2020) SEMINAR (AI) - Solving Highest & Best Use Puzzles (6/23/2020) COURSE (Al) - 7 -Hour National USPAP 2020-2021 Update Course (6/30/2020) SEMINAR (AT) - Trial Components: Recipe for Success or Disaster (7/28/2020) 104 1186 Page 5 of 6 E) EDUCATIONAL BACKGROUND — (Partial List, continued) SEMINAR (AI) - Solving Highest & Best Use Puzzles (6/23/2020) COURSE (AI) - 7 -Hour National USPAP 2020-2021 Update Course (6/30/2020) SEMINAR (Al) - Trial Components: Recipe for Success or Disaster (7/28/2020) SEMINAR (AI) - South Florida RE Market through the Eyes of the County Property Appraiser's Offices (11/20/2020) SEMINAR (AI) - What's Up in Technology for Real Estate Appraisers (6/17/2021) SEMINAR (AI) - Foundations of Valuation — An Inferred Market Study (10/7/2021) COURSE (AI) - Florida Appraisal Laws and Rules (12/02/2021) COURSE (Al) - Business Practices & Ethics ((2/17/22) FORUM (Af) - South Florida Real Estate Forum: Markets in Motion -Economic Indicators (7/28/22) 105 1187 Page 6 of 6 F) APPRAISAL TEACHING EXPERIENCE Licensed by the Florida Department of Education to Teach (Certificate No. 275236). Authored and taught Residential and Commercial Real Estate Appraisal Courses for Broward County Adult Education Program. Taught Course 101 - Society of Real Estate Appraisers. Taught Course 201 - Society of Real Estate Appraisers. Taught Appraisal Seminars - Board of Realtors, ASA, SREA, and Al (Appraisal Institute). Adjunct Professor, University of Florida Division of Continuing Education: (taught Course 2, 'Real Estate Principles and Practices" to prospective Florida Real Estate Brokers). G) PROFESSIONAL OFFICES HELD/AWARDS NATIONAL B.O.D. MEMBER - BOARD OF DIRECTORS of APPRAISAL INSTITUTE (2006- 2008) AWARD - Appraisal Institute "NATIONAL PRESIDENTS AWARD" 2008 AWARD - Appraisal Institute "LIFETIME ACHIEVEMENT AWARD" 20] 1 For "high ethical standards, contributions to the Appraisal Institute, Community and Appraisal Profession for at least 20 years." CHAIR - REGION X - All of Florida - Appraisal Institute (2008) VICE -CHAIR - REGION X - All of Florida - Appraisal Institute (2007) THIRD DIRECTOR - REGION X - All of Florida - Appraisal Institute (2006) FINANCE OFFICER - REGION X— All of Florida — Appraisal Institute (2006) PRESIDENT - BROWARD COUNTY, SOCIETY OF REAL ESTATE APPRAISERS PRESIDENT - BROWARD COUNTY, AMERICAN SOCIETY OF APPRAISERS CHAIR - FLA. STATE GOVERNMENT RELATIONS SUBCOMMITTEE OF AT CHAIR - FLA. STATE LEGISLATION & REGULATION SUBCOMMITTEE OF AI G) PROFESSIONAL OFFICES HELD/AWARDS CHAIR - FLORIDA REALTORS COMMITTEE ON COMMITTEE REFORMS CHAIR - EDUCATION COMMITTEE, FT. LAUDERDALE CHAPTER AT CHAIR - CANDIDATES GUIDANCE COMMITTEE, FT .LAUDERDALE CHAPTER Al CHAIR - NATIONAL Valuation for Financial Reporting PROJECT TEAM OF AI VICE CHAIR & MEMBER - NATIONAL GOVERNMENT RELATIONS COMMITTEE OF Al (15 Years) MEMBER - NATIONAL LONG RANGE PLANNING COMMITTEE OF AI MEMBER - NATIONAL PUBLIC AFFAIRS COMMITTEE OF AI DIRECTOR - REGION X (Florida) Appraisal Institute MEMBER - REGION X (FLORIDA) ETHICS AND COUNSELING PANEL DIRECTOR - BROWARD COUNTY, FLORIDA SOCIETY OF REAL ESTATE APPRAISERS DIRECTOR - SOUTH FLORIDA CHAPTER AMERICAN SOCIETY OF APPRAISERS MEMBER - NATIONAL EXPERIENCE REVIEW PANEL MEMBER OF AI SPECIAL MASTER - BROWARD COUNTY BOARD OF TAX ADJUSTMENT COMMISSIONER - 17TH JUDICIAL CIRCUIT COURT, Broward County, FL MEMBER - 2013 APPRAISAL INSTITUTE NATIONAL BUSVAL PROJECT TEAM H) PROFESSIONAL PUBLICATIONS & PRESENTATIONS Wrote and taught a basic Residential Appraisal Course for the Broward County Adult Education Div. of the Dept. of Education; Wrote and taught an Income Appraisal Course for the Broward County Adult Education Division of the Department of Education; Co-authored and taught an appraisal course on Mortgage -Equity Capitalization for the American Society of Appraisers. Authored and taught a Florida State and Appraisal Institute 3 -hour accredited course in "The Legislation, Regulation and Appraisal of Real Property Rights in Florida September 7, 1996. Presentation on "Gramm -Leach -Bliley' Federal Privacy Act of 1999 for South Florida Chapter of American Society of Appraisers on October 24, 2001. Presented 3 -hour Florida CEU-credit seminar on "Appraisers and the Gramm -Leach -Bliley Act" before the South Florida Chapter of the Appraisal Institute on July 27, 2002. Presenter at 6.5 Hour CLE -credit Attorney Seminar on Florida Eminent Domain, "Valuation and Dama ee lam" February 2, 2006, Fort Lauderdale, Florida I) CIVIC INVOLVEMENT MEMBER OF ROTARY INTERNATIONAL / PAUL HARRIS FELLOW MEMBER OF THE GREATER FORT LAUDERDALE OPERA GUILD MEMBER FLORIDA PHILHARMONIC BROWARD TRUSTEES MEMBER OF THE BROWARD COUNTY LIBRARY SUPPORT GROUP ("BYBLOS") MEMBER CIRCLE OF FRIENDS — NOVA SOUTHEASTERN LIBRARY FOUNDATION MEMBER NOVA SOUTHEASTERN UNIVERSITY ALUMNI ASSOCIATION MEMBER OF THE FORT LAUDERDALE HISTORICAL SOCIETY MEMBER OF THE BROWARD COUNTY MUSEUM OF THE ARTS MEMBER OF THE FORT LAUDERDALE / BROWARD COUNTY CHAMBER OF COMMERCE MEMBER OF THE BETTER BUSINESS BUREAU OF SOUTH FLORIDA LIFETIME HONORARY MEMBER FLORIDA SHERIFF'S ASSOCIATION MEMBER NATIONAL & FT. LAUDERDALE COUNCILS U.S. NAVY LEAGUE U.S. ARMY VETERAN WWII (RA 1721268]) - HONORABLE DISCHARGE 1949 106 1188 r'.A wm I Claudia Vance, MAI Appraiser • Real Estate Analyst Reviewer Vance Real Estate Service • 7481 NW 4 Street Plantation • FL • 33317 Office: 954.583.2116 Cell: 954.647.7148 Email: vanceval(-,att.net Web Site: www.vancerealestateservice.com Vance Real Estate Service is a Veteran -Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Designated appraisers perform the appraisal work, no trainees. Our appraisals are used for financial/ mortgage loan purposes from large mixed use complexes to small owner- occupied properties. We have the qualifications for appraisals submitted to SBA. Jesse B. Vance, Jr., MAI, SRA, ASA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, deficiency judgments, marriage dissolution, and estates. Our firm values most types of real property interests, timely, professionally, and at competitive costs. PROFESSIONAL QUALIFICATIONS A) PROFESSIONAL DESIGNATIONS/ LICENSES MAI Designation - APPRAISAL INSTITUTE No. 9451 State -Certified General Real Estate Appraiser No. RZ-173 Florida State Licensed Real Estate Broker No. BK 0161305 VOSB Veteran -Owned Small Business (CCR/Duns 826494957) B) WORK HISTORY 1983 - Current Vice President - Vance Real Estate Service 1981— 1983 President - The Appraisal Company, Fort Lauderdale, Florida C) QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION U.S. Bankruptcy Court, Southern District of Florida Florida Circuit Court: Broward County D) PROFESSIONAL DEVELOPMENT PROGRAM REGISTRIES Valuation of Sustainable Buildings: Commercial Valuation of Sustainable Buildings: Residential E) EXPERIENCE: 35+years appraising and analyzing real property interests in South Florida. F) APPRAISER SPECIAL MAGISTRATE FOR THE BROWARD CO VALUE ADJUSTMENT BOARD 2002-2010 Partial list of real property types valued: High value residences, Condominiums/ Co-operatives, Office, Industrial, Multi -family, Restaurants/ bars, Auto dealerships, City Centers, Hotels/ motels, Houses of worship, Schools, Child care centers, Self -storage, Funeral home, Animal Hospital, Mixed use, Nursing homes, Gas sales stations, Marinas, Mobile home parks, Shopping centers, Country clubs/ golf courses, Financial institutions, Bowling centers, Vacant land, Agricultural properties, Environmentally sensitive land Types of Reports: Market Value, Eminent Domain, Marketability, Feasibility, Highest and Best Use, Investment Analyses, Partial Interests, Easement Valuations, Estate planning, Marriage dissolution, Land use studies, Damage/ Contamination studies 107 1189 G) PARTIAL LIST OF CLIENTS — PRIVATE: Individuals, Corporations, Attorneys, Accountants, Habitat for Humanity, Seminole Tribe of Florida COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; Citigroup; Space Coast Credit Union; State Farm Bank; Florida Shores Bank; American National Bank; Landmark Bank; City National Bank; Englewood Bank & Trust SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES FLORIDA CITIES: Fort Lauderdale, Plantation, Cooper City, Deerfield Beach, Tamarac, Oakland Park, Wilton Manors, Davie, Hollywood, Pembroke Pines, Hallandale Beach, Lauderhill, Southwest Ranches, Miramar, Boca Raton, Boynton Beach, West Palm Beach, Delray Beach FLORIDA COUNTIES and AGENCIES: Broward, Palm Beach, Broward County Board of County Cornrnissioners, School Board of Broward County, Broward County Housing Authority STATE OF FLORIDA Department of Transportation (FDOT), Department of Environmental Protection U.S. Department of Veterans Affairs, U.S. Department of Treasury (IRS), U.S Marshall's Service, U.S. Attorney H) EDUCATIONAL BACKGROUND Academic: Bachelor of Arts Degree — University of New Orleans, New Orleans, LA — Major: English Professional: Symposium (SREA) - Market Analysis, 1983, Philadelphia Symposium (SREA) - Market Analysis, 1984, Atlanta Symposium (SREA) - Market Analysis, 1985, Vancouver Symposium (SREA) - Market Analysis, 1986, Atlantic City Symposium (SREA) - Market Analysis, 1988, Los Angeles SEMINAR (AI) - Cost Approach (1992/Boston) SEMINAR (AI) - Rates & Ratios (1992/Boston) SEMINAR (AI) - International Appraising (1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial (1993) SEMINAR (AI) - ADA ACT (1993/Reno) SEMINAR (Al) - Hotel Valuation (1993) SEMINAR (Al) - Income Capitalization, Methods (1993) SEMINAR (Al) - Powerlines/Electromagnetic Radiation (1994) SEMINAR (AI) - Verifying Market Data (1994) SEMINAR (AI) - Market Studies for Appraisals (1994) SEMINAR (AI) - Florida Appraiser Core Law (USPAP/1994) SEMINAR (AT) - Limited Appraisals & Reports (USPAP/1994) SEMINAR (Al) - Public Safety & Property Values (1995) SEMINAR (Al) - Outparcel Valuation (1995) SEMINAR (Al) - Computer Technology Video Conference (1995) SEMINAR (Al) - The Internet & the Appraiser (1996) SEMINAR (Al) - Florida Commercial Construction (1996) SEMINAR (Al) - 1996 Data Exchange (1996) SEMINAR (Al) - Real Property Rights in Florida (1996) COURSE (AI) - USPAP & Florida Real Estate Core Law (1996) SEMINAR (AI) - Valuation of Trees (1997) SEMINAR (AI) - Valuation of Transferable Development Rights [TDR's] (1997) COURSE (Al) - Standards of Professional Practice, Part C, 15 hour Course #430 (1997) SEMINAR (Al) - Non -Conforming Uses (1998) SEMINAR (AI) - The Impact of Contamination on Real Estate Value (1998) COURSE (Al) - USPAP & Florida Real Estate Core Law (1998) SEMINAR (AI) - Econometrics/Statistical Valuation Methods (1999) SEMINAR (Al) - Globalization of Real Estate/What U.S. Appraisers Need to Know (1999) SEMINAR (AI) - The Role of the Appraiser in Alternative Dispute Resolution (Mediation/Arbitration) (1999) SEMINAR (AI) - Technology Forum Part II/Intermediate (1999) SEMINAR (AI) - Client Satisfaction/Retention/Development (1999) SEMINAR (AI) - Attacking and Defending an Appraisal (1999) SEMINAR (Al) - Federal Appraisal Requirements (2000) SEMINAR (AT) - Regression Analysis in Appraisal P ocgtice: Concepts & Applications (2000) 1190 H) EDUCATIONAL BACKGROUND (Continued) SEMINAR (AT) - Analyzing Income Producing Properties (2000) COURSE (Al) - USPAP & Florida Real Estate Core Law (2000) SEMINAR (AI) - Mediation & Alternate Dispute Resolution Seminar (200 1) SEMINAR (AT) - State of the Appraisal Profession (200 1) SEMINAR (Al) - Ad Valorem Assessment Process in Florida (2002) SEMINAR (AT) - Role of Real Estate Appraisers in Bankruptcy Proceedings (2002) SEMINAR (AT) - Appraisers & the Gramm -Leach -Bliley Federal Privacy Act (2002) SEMINAR (Al) - How to Appraise the Ugly House (2002) COURSE (AI) - 2 -Day Course #430, Standards of Professional Practice, Part C (2002) SEMINAR (AI) - Market Trends for 2003 (2003) SEMINAR (Al) - Update on Code of Professional Ethics (2003) PANEL (AT) - Moderator "Industry, Consumer & Congressional Views on Predatory Lending" D.C. (2003) SEMINAR (Al) - Florida State Law for Real Estate Appraisers (2003) SEMINAR (AT) - Appraisal Agreements (2003) SEMINAR (Ai) - Analyzing Distressed Real Estate (2004) SEMINAR (AI) - Valuation for Financial Reporting Purposes (2004) SEMINAR (AI) - National USPAP Course (2004) SEMINAR (AI) - Inverse Condemnation (2004) SEMINAR (Al) - Loss Prevention (2005) SEMINAR (AT) - Single Family Fraud Awareness (2005) SEMINAR (Al) - Guide to the new URAR form (2005) SEMINAR (AI) - Technologies for Real Estate Appraisers (2006) SEMINAR (AI) - The Appraiser's Role in New Urbanism (2006) SEMINAR (AI) - National USPAP Update (2006) SEMINAR (AT) - Florida State Law for Real Estate Appraisers (2006) SEMINAR (Al) - Scope of Work and the New USPAP Requirements (2006) SEMINAR (AI) - Energy Star and the Appraisal Process (2006) SEMINAR (AT) - Reappraising, Readdressing, and Reassigning Appraisals (2007) SEMINAR (AI) - Real Estate Fraud (2007) SEMINAR (AI) - Forecasting Revenue (2007) SEMINAR (AI) - Florida Law for Real Estate Appraisers (2007) COURSE (AI) - Business Practice and Ethics 9420 (2007) SEMINAR (AT) - Supervisor — Trainee Roles and Rules (2008) COURSE (AI) - 7 Hour National USPAP Update #400 (2008) SEMINAR (AT) - Hypothetical Conditions and Assumptions (2008) SEMINAR (AI) - Real Estate Economy (2008) SEMINAR (AT) - Public Sector Appraising (2009) SEMINAR (AI) - Inspecting the residential "green" house (2009) WEBINAR (AI) - Value for Financial Reporting (2009) SEMINAR (AI) - The Real Estate Market in 2009 SEMINAR (AI) - New Government Regulations (2009) SEMINAR (AI) - Property Tax Assessment (2010) SEMINAR (AI) - 7 Hour National USPAP (20 101) SEMINAR (AI) - Florida Law for Real Estate Appraisers (2010) SEMINAR (Al) - Supervisor/ Trainee Roles and Rules (2010) SEMINAR (AI) - The Real Estate Market (2011) SEMINAR (AI) - Uniform Appraisal Standards for Federal Land Acquisitions- "Yellow Book" (2011) COURSE (Al) - 15 Hour Appraisal Curriculum Overview (2011) SEMINAR (AI) - Spotlight on USPAP — Agreement for Services (2011) SEMINAR (AI) - Trial Components (2011) SEMINAR (AI) - Lessons from the Old Economy Working in the New (2012) SEMINAR (AI) - Appraisal Review for General Appraisals (2012) COURSE (AI) - National USPAP Update (2012) SEMINAR (AI) - Florida Law (2012) SEMINAR (AT) - Land Valuation (2012) SEMINAR (AI) - Valuation of Warehouses (2012) SEMINAR (AI) - IRS Valuation (2012) SEMINAR (AI) - Business Practices and Ethics (2012) SEMINAR (AT) - Real Estate Forecast (2013) SEMINAR (Ai) - Advanced Marketability Studies (2013) SEMINAR (AI) - Developing a Supportable Workfile (2013) 109 1191 Hl EDUCATIONAL BACKGROUND (Continued SEMINAR (AI) - Florida Appraisal Law (2014) SEMINAR (Al) - Liability Issues for Appraisers performing Litigation & Non -Lending Work (2014) COURSE (AI) -7 Hour National USPAP Update Course (2014) SEMINAR (AI) - Florida Law (2014) SEMINAR (AI) - New Real Estate Economy (2014) SEMINAR (AI) - Economic Engines of Miami -Date County (2015) SEMINAR (AI) - Economic Engines of Broward County (2015) SEMINAR (AI) - Tightening the Appraisal (2015) SEMINAR (AI) - Evaluating Commercial Construction (2015) SEMINAR (AI) - Drone Technology (2015) SEMINAR (AI) - Loss Prevention for Appraisers (2016) COURSE (AI) - 7 Hour National USPAP Update (2016) SEMINAR (AI) - Florida Law (2016) SEMINAR (AI) - Redefining the Appraisal & Its Role in an Evolving Banking Environment (2016) SEMINAR (Ai) - The Tough One, Mixed use properties (2016) SEMINAR (AI) - Business Practices & Ethics (2016) SEMINAR (AI) - Economic Engines Driving Broward County (2017) SEMINAR (AI) - Introduction to Green Buildings & passed exam (2017) SEMINAR (AI) - Another View of the Tough Ones (2017) SEMINAR (Ah) - Appraising for the Office of Valuation Services, Department of the Interior (2017) SEMINAR (AI) - Case Studies in Appraising Green Residential Buildings & passed exam (2017) SEMINAR (AI) - Uniform Appraisal Standards for Federal Land Acquisitions & passed exam (2017) SEMINAR (AI) -Hot Topics & Myths in Appraiser Liability (2018) COURSE (AI) - 7 Hour National USPAP Update (2018) SEMINAR (AI) - Florida Law (2018) SEMINAR (AI) -Parking & Its Impact on Florida Properties (2018) SEMINAR (AI) -What's New in Residential Construction (2018) SEMINAR (AI) -Valuation Resources for Solar Photovoltaic Systems (2018) SEMINAR (AI) -Technology Tips for Real Estate Appraisers (2018) SEMINAR (AI) -Residential & Commercial Valuation of Solar & passed exam (2018) SEMINAR (AI) -Airport Appraisals (2019) SEMINAR (AI) -Practical Applications in Appraising Green Commercial Properties & passed exam (2019) D PROFESSIONAL INVOLVEMENT Region X Representative of the Appraisal Institute 2006 — 2009 President of the South Florida Chapter of the Appraisal Institute - 2003 First Vice -President of the South Florida Chapter of the Appraisal Institute -2002 Second Vice -President of the South Florida Chapter of the Appraisal Institute -2001 Secretary of the South Florida Chapter of the Appraisal Institute -2000 Treasurer of the South Florida Chapter of the Appraisal Institute - 1999 Chair of the Education Committee of the S. Florida Chapter of the Appraisal Institute -1995, 1996, 1997, 1998, 2007- 2018 Director of the South Florida Chapter of the Appraisal Institute 1996 - 1998 Member of Region X (Florida) Ethics and Counseling Panel—Al Graduate of the Florida REALTORS Institute (GRI) JI CIVIC INVOLVEMENT Member of the Navy League of the United States — Fort Lauderdale Council Lifetime Honorary Member- Florida Sheriff's Association Member of Zeta Tau Alpha Alumnae Fraternity 110 1192 12.A Legal 06/6/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/ 6/2023 Proposed Ordinance No. 23-012 - First Reading - Proposed regulations for Short -Term Rentals Requested Action by Commission: Approve modifications to the Code of Ordinances, Chapter 13. Licenses, Article I and Article V to establish a new Article V. named Rental Housing with a regulatory framework for Short - Term Rentals including an application process, applicable terms and definitions, operational and technical standards and processes, and specific enforcement measures and penalties. Corresponding amendments also include reformatting existing Article V as Article VI, and changes to Chapter 2. Article V of the Code Compliance portion of the Code for appropriate insertions for consistency with and references to the new Short -Term Rental sections. Explanation of Request: Staff delivered an overview of this project to the City Commission in November of last year, and the Commission responded with the directive to continue the analysis and ultimately return with a draft ordinance for consideration. Staff completed its analysis which generally consisted of a review of the City's current regulatory system applicable to the rental of residential properties, and the drafting of amendments to the City's Code of Ordinances. The draft code amendments include the reorganizing of Article I of Chapter 13 to consolidate existing sections applicable to residential rental uses with the proposed new sections applicable to Short -Term Rentals (abbreviated STR) within a new Article V. Proposed Article V consists of terms and definitions relative to both STRs and the traditional/long-term residential rentals, the more expanded application requirements for the STRs, technical or operational requirements, and a new compliance process to correspond with regulating STRs. Lastly, staff is completing a separate Business Tax application for STRs that reflect the unique requirements and standards applicable to this use. The primary considerations in drafting the subject regulations included the format and procedural components of the existing City Code of Ordinances, selected standards and processes adopted by other local governments, worse case experiences involving STRs in the region, what staff understands to be the principal potential impacts of STRs on the community, and the limits on local governing actions set by Florida Statutes. The draft products were vetted in a team setting including staff from the Planning & Zoning, Community Standards, and Business Tax Divisions of the Development Services Department. Technical input was also 1193 obtained from the City's Police Department. Lastly, the draft ordinance includes a few amendments to sections in other chapters and articles of the Code of Ordinances for connectivity and consistency purpose (e.g. cross- references). Key Factors Influencing the Draft Ordinance and Selected Components The problems most commonly associated with STRs, in addition to careless property management and lack of oversight, include noise, traffic and vehicle parking, excessive property occupancy, and unruly behavior of guests and property damage. Therefore, selected requirements and standards emphasize intensity of use and namely maximum occupancy, strict parking requirements, optimal and proactive property management, and compliance with more stringent and current life/safety and building codes applicable to group housing. Specific examples of standards applicable to STRs include: • Maximum overnight occupancy being a factor of house size— 2 persons per bedroom plus to persons, but not to exceed 10 persons in a dwelling unit; • Maximum number of individuals gathering at a STR is not to exceed 1 '/2 times the maximum registered occupants up to a maximum of 15 persons; • The requirement of a registered guest at least 25 years old when there are visitors or guests under the age of 21; • Requiring vehicle parking on approved driveway surfaces and specifically prohibiting parking on yards, swales, sidewalks, and rights-of-way; • Requiring the STR to be equipped with a land (phone) line to ensure communications of guests with emergency services and the local responsible party; • Emergency lighting to be hard -wired at each principal ingress/egress of each inhabitable structure on the STR property; • Prohibiting the operating of any commercial or a non-residential activity at a rental; • Prohibiting more than one lease arrangement at a STR; • Requiring a new property inspection at time of annual renewal for each STR; • Requiring a designated Local Responsible Party to be in close proximity for adequate responsiveness and weekly visits to the property to ensure compliance; and • The posting of all operational rules of the STR and contact information for the Local Responsible Party for the benefit of and maximized compliance with the STR rules and standards by the guests. Enforcement and Penalties To further ensure the compatibility of STRs with the surrounding neighborhood, to prevent negative impacts, and to facilitate expedited halting of violations associated with the STR, more stringent enforcement measures are proposed. Such measures include for example: Making fines imposed for violations not eligible for reduction; Applying the maximum fine of $15,000 for violations involving maximum persons and non-residential and or commercial use of the property as deemed by the ordinance as irreparable or irreversible violations; and Applying suspension time frames that increase with repeat violations and range from 30 1194 days to over 1 year. Optional Requirements or Standards Staff has included the requirements and standards in the draft ordinance that are reasonable and that address the potential hazards and nuisances associated with poorly managed Short - Term Rentals. However, although not recommended by staff, there are additional requirements adopted by other cities in the sample regulations reviewed by staff that the City Commission could consider if an even more stringent and conservative regulatory system is preferred. Such optional requirements could include the following: • Hardwiring of smoke and carbon monoxide detection and notification systems, which is a code requirement for group occupancies, for example, in the Florida Building or Life Safety Codes; • Sound measuring and reporting equipment that notifies the local responsible party when interior or exterior noise/sound exceeds a certain decibel level; • Requirement for the Local Responsible Party to obtain and maintain a property manager license; • Reduce required distance that the LRP can reside from the corresponding STR to increase likelihood of required oversight of the STF; • Decrease maximum occupancy limits; • Increase applicability to rentals with leases of less than 90 days rather than 30 days; • Retain the services of a vendor to regularly conduct searches for unapproved STRs, track violations, etc. and • Requiring public notification of a Short -Term Rental approval. How will this affect city programs or services? This item will not affect City programs or services. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Ordinance amending Short Term Rentals language CDRV_23-006_Staff Report.pdf Short -Term Rental Amendment.pdf CDRV 23-006 - Staff Presentation. pdf 1195 1 2 ORDINANCE NO. 23-012 3 4 AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF 5 BOYNTON BEACH, FLORIDA, AMENDING THE CITY OF BOYNTON 6 BEACH'S CODE OF ORDINANCES; CHAPTER 2 "ADMINISTRATION", 7 ARTICLE V "CODE COMPLIANCE BOARD; SPECIAL MAGISTRATE"; 8 AMENDING CHAPTER 13, "LICENSES", ARTICLE I "BUSINESS TAX 9 RECEIPTS AND CERTIFICATE OF USE AND OCCUPANCY"; AMENDING 10 CHAPTER 13, "LICENSES", ARTICLE V "RENTAL DWELLING UNITS" TO 11 RENAME AND RENUMBER THE ARTICLE; PROVIDING FOR CONFLICTS, 12 SEVERABILITY, CODIFICATION; AND PROVIDING FOR AN EFFECTIVE 13 DATE. 14 WHEREAS, these amendments to the City's Code of Ordinances include the 15 reorganizing of Article I of Chapter 13 to consolidate existing sections applicable to residential 16 rental uses with the proposed new sections applicable to Short -Term Rentals (abbreviated STR) 17 within a new Article V; and 18 WHEREAS, the amendments consist of terms and definitions relative to both STRs and 19 the traditional/long-term residential rentals, the more expanded application requirements for 20 the STRs, technical or operational requirements, and a new compliance process to correspond 21 with regulating STRs; and 22 WHEREAS, the amendments also include a few amendments to sections in other 23 chapters and articles of the Code of Ordinances for connectivity and consistency purpose (e.g. 24 cross-references). 25 WHEREAS, the proposed regulations for STRs are intended to be consistent with the 26 limitations on local regulation of vacation rentals under Florida law; and 27 WHEREAS, having considered the recommendations of staff, the City Commission has 28 determined that it is in the best interest of the citizens and residents of the City of Boynton 29 Beach to approve the amendment to the City's Code of Ordinances as contained herein. 30 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION FOR THE CITY OF 31 BOYNTON BEACH, FLORIDA, AS FOLLOWS: 32 Section 1. The foregoing whereas clauses are true and correct and are now ratified 33 and confirmed by the City Commission. 34 Section 2. City of Boynton Beach's Code of Ordinances, Chapter 2 "Administration", 35 Article V, "Code Compliance Board; Special Magistrate" is hereby amended as follows: 01 1196 36 CHAPTER 2 ADMINISTRATION 37 ... 38 39 ARTICLE V. CODE COMPLIANCE BOARD; SPECIAL MAGISTRATE 40 ... 41 42 Sec. 2-8S. Criteria for lien reduction. 43 The following criteria must be complied with prior to a lien reduction hearing before the 44 Code Compliance Board or Special Magistrate (also see Chapter 13, Article V for exclusion to 45 fee reductions resulting from certain violations involving Short -Term Rentals): 46 47 (1) The property in question must be in total code compliance and an affidavit of 48 compliance must be issued for the code compliance case that is being appealed. 49 50 (2) The subject property must be free of all outstanding debts (including taxes) due the 51 city. 52 (3) An application fee of two hundred dollars ($200.00) must be included for the 53 application to be processed. 54 55 (4) This section does not apply to lien waivers or reductions sought in conjunction with 56 redevelopment of commercial and residential properties pursuant to the provisions of 57 Section 2-93 of this Chapter. 58 59 ... 60 61 Sec. 2-91. Violations and penalties. 62 63 (a) The following table of violations and penalties shall be assessed by code enforcement 64 officers and shall be followed by the county court system as a special Magistrate pursuant to 65 section 2-82 of this Code, in its review and adjudication of matters in accordance with this 66 Article. The schedule of penalties set forth below is not intended to be all inclusive. The 67 penalty for violation of other codes or ordinances of the city heretofore or hereafter created 68 and not enumerated herein shall be enforced in the manner provided for therein. 69 70 ... 71 72 Lel See Chapter 13, Article V for the declaration of irreparable or irreversible actions and 73 therefore application of the maximum fee of $15,000 per violation resulting from certain 74 violations involving Short -Term Rentals. 75 ... 76 77 Section 3. City of Boynton Beach's Code of Ordinances, Chapter 13 "Licenses", Article 78 I, "Business Tax Receipts and Certificate of Use and Occupancy" is hereby amended as follows: 0 1197 79 CHAPTER 13. LICENSES 80 ... 81 ARTICLE I. BUSINESS TAX RECEIPTS AND CERTIFICATE OF USE AND OCCUPANCY 82 ... 83 Sec 13-4 Classification and fee schedule. 84 ... • ter_.�r ser r_Tsnarss — 87 - exempt, - - ._ .. .. 1198 14 15 reqtAiFed n the pl +•„ 16 17 18 19 . 20 The ewneF n9ay designate as his eF heF Fesident agent any natural peFSen eighteen (18) years 21 22 23 , 24 25 ident agent. Any netic=e ef vielatien er legal pFeEess whic=h has been delivered er 26 served upen the preyieus resident agent prier te the reEeipt ef the 6ty ef ne-tirCe ef r-shaRge ef 27 28 29 mailing addFeSS. FailuFe te de se shall be ne defense te a vielatien ef this Cede. Ne eWReF 30 31 PF0Yi5ieR5 ef this seEtiOR. 32 33 in F. S. § 162.06(2). SeFViEe ef RetiEe ef the resident agent shall be deenged sewiEe ef netiEe 134 of the ewneF, tenant and YielateF. 135 Sec. 13-5. Provision for unlisted businesses or occupations. 136 All businesses must obtain a Certificate of Use and Occupancy prior to operating within the 137 city. The city may hereinafter classify and issue Business Tax Receipts for businesses or 138 occupations not specifically listed herein. The city shall establish a classification for new 139 businesses or occupations in accordance with the United States Standard Industrial 140 Classification of Establishments (SIC). The Business Tax Receipt tax established by the city for 141 any business not specifically listed herein shall be commensurate with the rate structure and 142 classifications set forth in Sec. 1 : , and shall be established by resolution of the City 143 Commission following application but prior to issuance of a Business Tax Receipt for the 144 unclassified business. 45 See. 13-6 AdMinistriveFemed• to challenge -as:,ifica�Tee. 46 (a) Any peFSen may prete-st the Ela -Sr -if -E -At. &A. eF fee appliEable to that 47 48 49 hee; and 50 (2) The peFseR has paid the applicsatieR fee, i%peEtieR fee fee, w 51 aff liEa'^l�,a 4 1199 MUM 54 55 --(b�- A PFetest te a ElaSSifiEatieR E)F fee shall be made iR WFitiRg te the City QeFIE within 3-0 56 57 58 1 e- f the Business Ta)( ReEeipt, in whiEh Ease the right te pretest sh-Al hP rpwwppl fAr ;;A 59 addit „r,ai 30 .Jays f,-.ii,-,,.,hrg „SII -Ar, „f -A roro,.,Pi Q -Siress « Ta.( Re oar+ 60pretest, when tingely filed shall be p ed fe'News: 61 --44) The City Cleric shall f.,r,Rard the pretest to the City MaRagef. 62 (2) The City MaRager Sh-a" cGeIPP-1-H-Et a review e. the pretest and render a written rep 63 64 subrnitted by the person filing the pretest and aRy iRfer.m.-atie—P Submitted by the 65 66 67 . 68 (3) The City Manager's repeFt shall be filed with the City Clerk and subn9itted to the City 69 70 Fepe t shall be f8FwaFded to peFseR whe filed the pFetest, aleng with a RetiEe ef the date en 71 which the FepeFt is to be S b.m. -ted- to the City CE)Fq.,-,i«ieR 72 (4) The City QmFnissilelp review the pretest aAd- the City MaRagerS repGFt aRGJ ShAll 73 eithe gFaRt eF deRy the pretest. if the pretest is gFaRted the City CePAMOSSOOR shall adjust 74 75 p,retestiHg perse`'r , frre)(cessefthe 'adjusted tai(, shall be ref- it ded by the city. 76 (5) A decisi.,r, of the City Cem irri„r, Y,, ham, appealed to the C rr- i+ Cl, irr of P- 177 79 k r,J. "�,- je. 95 222, § 2, 7 95; QFd. Ne. 06 096, §;— r2 -07; nrd Ne 12_01 § 2, 7 3 12; (Drd. 80 Ne. 14 018§� a14) 81 Sec. 13-76. Application and reapplication fees for Certificate of Use and Occupancy, 182 inspections, and Business Tax Receipt; required for use of any property for commercial 83 or industrial purposes or for resid—^n+ial dwelling rental housing: 84 =(d4=It shall be unlawful and a violation of the City Code for any person or entity, either 85 directly or indirectly, to conduct or enter into a business, profession, or occupation, including 86 the rental of real property, within the city without first obtaining a Certificate of Use and 87 Occupancy and being issued a local business tax receipt by the city. Further, it is unlawful for 88 a property owner to allow by lease, license, grant or other written or oral agreement, the use 1200 89 of any real property for the operation of a business without a valid and current Certificate of 90 Use and Occupancy including required inspection and Local Business Tax Receipt. Violation 91 of this section is violation of the City Code punishable under Chapter 2, Article V of this Code. 192 (a) Prior to the issuance of a Business Tax Receipt, a person shall file an application for 193 Certificate of Use and Occupancy with the city. The application shall be on a form prescribed 194 by the city, and shall be filed together with such other documents as hereinafter set or as 195 required by state law. The Business Tax Receipt portion of the form shall require disclosure of 196 the Federal Identification Number or Social Security number of the person to be licensed. 197 (b) Each application for a Certificate of Use and Occupancy shall be accompanied by an 198 application filing fee set by the City Commission by resolution, which shall cover the 199 Certificate of Use and Occupancy review to be undertaken by city zoning, and building 200 division staff. Inspections for environmental, Utilities, Code, Fire, and other departments, shall 201 be determined by the proposed use, the applicant shall pay for such inspections at a rate set 202 by the City Commission by resolution. In the event an application is denied due to failed 203 inspections, the application may, upon payment of a re -inspection fee set by the City 04 Commission by resolution, be reconsidered. NOTE: Fees may change from time to time by 05 Ordinance of the City Commission. The application for Certificate of Use and Occupancy and 06 information forms for rental Business Tax Receipts are available on line at the city's website 07 and at the Development Services Division of City Hall. 08 (c) Business Tax Receipts and Certificate of Use and Occupancy are issued for a period of 09 twelve months, from October 1s' to the following September 30th. They must be renewed 10 annually with annual renewal fee approved by the City Commission. To avoid renewal late 11 fees, fees are payable by October 1 st. After January 301h, late renewals require a Code 12 Compliance (interior and exterior) inspection of the property. Certficote „f Use and 13 15 16 -=t =x ppipr imig =k k, wipgacc OF aEie pat 17 18 19 (ed) If the real property that is to be used for the operation of a business is subject to 220 unpaid city fines, fees or Code violation liens, the city shall not issue a Certificate of Use and 221 Occupancy or conduct a use and occupancy inspection until such time as all liens, fines or 222 fees on the property are fully paid, including interest due and any assessable costs and until 223 all Code violations are brought into compliance. 24 (fe) Local R -responsible PpartyLf RP) required. 25 (1) Whenever any property is required to have a Certificate of Use and Occupancy under 26 this article, the owner shall designate in writing, on a form provided by the city, a local A 1201 7 responsible party for contact by city officials relating to the property. The owner shall also 8 provide a valid address and phone number for the '^• l Fespensible paftyLRP. 9 (2) The'^Ea' Fespensible ^af+• LRP under this section must reside within Miami -Dade, 0 Broward, Palm Beach, Martin or indian RiyeTSt. Lucie County. The property owner may be the 1 designated LRP if they meet the requirements of this Article. The purpose of the locational 2 standard is to ensure that the handling of matters requiring onsite presence of the LRP are 3 attended to within approximately one (1) hou[.An)t owner whe resides eutside of Fleri a 4 eotheF at the time ef applying fE)F a Certfireatte 1-Irspe and QEEUpaREy eF after having seEur 5 sizir_-h re-eirtificate, shall designate a iecsal Fespensible party that EeMplies with the City C 36 (3) A leEal responsible part LRP shall have the authority to adequately and timely 37 respond to any Code compliance issues that may arise on the subject property and shall be 38 responsible for the care, custody, control and compliance of the rental property. The Local 39 Responsible Party may apply for a Certificate of Use and Occupancy, Business Tax Receipt, 40 and inspections on behalf of the owner. 41 (4) An owner shall notify the DiF^�^efrDevelopment Department in writing of any 42 change in the designation of the local responsible party within ten (10) business days of such 43 change. 44 (5) Failure to designate or engage a leEal FeSpeRsible ^ Ftly, LRP meeting the 45 requirements of this section shall be a violation of the City Code punishable under t.ahalpjg. r....„ 46 Article V of this Code. 47 48 49 SO Tax Receipt. Vielatielp ef this seetielp is viielati AGIA. ef the City Cede puHishable uRder Cha 51^4-mcde V ^f this Cede (kf) Only one (1) Certificate of Use and Occupancy shall be issued for 252 each parcel of real property as described by the Palm Beach County Property Appraiser's 253 Office through the provision of a property control number. Certificate of Use and Occupancy 254 is not transferable. 255 (+g.) All Certificate of Use and Occupancy applications are subject to inspection of the real 256 property being used for the operation of the business by the city. The Certificate Use and 57 Occupancy inspection charges shall be set by resolution of the city commission. If the 58 inspection process should reveal Zoning, Building, Housing or Fire Code violations, they must 59 be corrected and a re -inspection made by the appropriate department. All violations must be 60 corrected before approval of occupancy. If the owner of a dwelling does not reside at the 261 dwelling, and the dwelling is occupied by anyone, including a relative of the owner of the 62 dwelling, there is a presumption that the dwelling is being rented and must have a Certificate 63 of Use and Occupancy and a -bBusiness-tTax-FReceipt. This presumption may be rebutted by 64 the owner of the dwelling applying for an exemption from the Certificate of Use and 65 Occupancy and-bBusiness Jax -FReceipt. The exemption application shall include an affidavit 266 of the owner that all persons residing at the dwelling are relatives of the owner and that II 1202 267 these relatives pay no rent or other consideration for the privilege of living at the dwelling 268 and that the relatives provide no maintenance or other services in return for the right to live 69 at the dwelling. The application fee for the exemption application shall be approvedset-by 70 Feselutien of the city commission and must be obtained every year. 71 (h) A Short -Term Rental approved by the City to operate as a residential rental prior to 72 the adoption of these regulations cannot be automatically renewed. A new application must 73 be filed and be reviewed and processed in accordance with all applicable requirements of 74 Article V as well as Article I of this Chapter. 275 76 Sec. 13-67 Administrative remedy to challenge classification or fee. 77 (a) Anv person may protest the classification or fee applicable to that person provided: 78 (1) The person has ^^filed an application for the issuance of a Certificate of Use 79 and Occupancy and a Business Tax Receipt in accordance with the procedures set forth 80 herein, and 81 (2) The person has paid the application fee, inspection fee or re -inspection fee, when 82 applicable, and 83 (3) The person has received a Certificate of Use and Occupancy and paid the Business 84 Tax Receipt fee requested by the city, and 85 (4) The Business Tax Receipt has been issued. 86 (b) A protest to a classification or fee shall be made in writing to the 87 £4er-kDevelopment Department within 30 calendar days following issuance of the Business 88 Tax Receipt. Failure to timely file a protest constitutes a waiver of protest and no further 89 challenge may be made by that person until renewal of the Business Tax Receipt, in which 90 case the right to protest shall be revived for an additional 30 days following issuance of a 91 renewal Business Tax Receipt. 92 (c) A protest, when +filed #Ledtimely, shall be processed as follows: 93 The City CleFi, shah fl,V,.,aF d the Otest to the City Man �.(-21) T46taff 94 shall conduct a review of the protest and render a written report within 45 days of the filing 95 of the protest. The City ManaaeF shall Eansider any " ;++ d by " 96 rnr=ra the i3r"vccst and any;.=rrvmrcrcrvT,- s'-riamrrcccaby the �cvere�ome-nrSe. .'.-es Division. T4e 97 Staff shall limit-er the report to an evaluation of whether the tax which is being 98 protested is based on a reasonable classification and is uniform throughout the class. 99 (2) The staffC*+„ MaRagor's report shall be forwardedf,io,- ,.,;+" the COW C!eF!. ard. subbin itted 00 to the City Commission at the second meeting following completionf+l+ng of the report 01. A copy of the report shall be forwarded to person who filed the protest, along with 02 a notice of the date on which the report is to be hearclsu _h.m.itted +„ by the City Commission. E•3 1203 03 (3) The City Commission shall Feview tbg r etest and the City Man.,eeFS FeF)E)Ft Rd shall 04 either grant or deny the protest. If the protest is granted, the City Commission shall direct 05 staff to adjust the classification or fee consistent with applicable state and local procedural 06 requirements.' Once the fee and/or classification are 07 adjusted, any tax previously paid by the protesting person, in excess of the adjusted tax, 08 shall be refunded by the city. 09 (4) A decision of the City Commission may be appealed to the Circuit Court of Palm Beach 10 County, Florida. The Circuit Court review shall be de novo, and the burden of proof shall be 11 on the person initiatina the action. 12 ... 313 Sec. 13-18. Right to deny issuance, renewal, transfer, revocation; right of appeal. 314 ... k15 li) See Article V., Section 13-97 for suspension provisions, timeframes and restrictions. 316 ... 317 ARTICLE V.RENTALIS HOUSING 8 Section 13-92. Purpose. 9 The Purpose of this Article is to establish specific Drocessina reauirements and standards 0 applicable to the renting of residential properties. Such business activities are referred to as 1 Standard Residential Rentals and Short -Term Rentals (also known as vacation rentals). The 2 City Commission acknowledges the possible negative impacts of transitory uses of residential 3 properties on the character of, and quality of living in the community. Therefore, it is 4 necessary and in the interest of the public health, safety, and welfare to apply monitoring 5 requirements, operational standards, and revocation and violation penalties appropriate to 6 said uses to prevent and/or mitigate impacts created by such transitory uses of residential 7 property. It is the intent and purpose of such requirements to preserve the quiet nature and 8 atmosphere of residential areas as expected by the city's residents. It is unlawful for any 9 owner and/or operator of any property within the City to rent or operate Rental Housing 0 contrary to the procedures and reaulations established or referenced in this Article as well 1 as Article I. 2 Section 13-93. Definitions. 3 For the purposes of this Article, the following definitions shall apply - 4 Standard Residential Renta/. Standard Residential units that are not rented for less 5 than (30) days (or one (1) calendar month) for more than three (3) times in a calendar 6 year. Such residential rentals are therefore not classified as Short -Term Rental as also 01 1204 defined and regulated by this Article. This typically represents the principal residence of the occupant(s). Short -Term Renta/ (STR). A Short -Term Rental, also called a vacation rental and a Public Lodging Establishment in Florida Statutes, is any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three- family, or four -family dwelling unit or structure that is advertised and/or rented to transient occupants more than three (3) times in a calendar year for periods of less than thirty (30) days or one (1) calendar month. Transient Occupant. Any person who rents or occupies any dwelling unit or any part thereof, as its temporary or secondary residence, that meets the definition of a Short - 7 Term Rental Unit. Overnight. For the purposes of this subsection, "overnight" shall mean a period between 0 10:00 p.m. and 7 a.m. the following dad 2 Section 13-94. Application for Standard Residential Rental and Short -Term Rental 3 Approval and Renewal. 4 No property owner, responsible party, or peer-to-peer platform entity shall offer as a Rental 5 or allow any person to rent or occupy such properties, any property in whole or in part within 6 the City, unless a Certificate of Use and Occupancy and Business Tax Receipt has been 7 obtained in accordance with the procedures and requirements of Article I of this Chapter. If 8 any conflict exists between the requirements in this Section and other sections in this Article 9 or other articles and Chapters of the Land Development Regulations, the requirements of this 0 Article shall prevail. This includes single-family dwellings (attached and detached), two-family 1 dwellings, individual multi -family dwellings including condominiums, and mobile homes. 2 The approval requirements are as follows: 3 (a) Submittal of a complete and separate application for each unit subject to the 4 requirements of this article: 6 (b) Payment of non-refundable application fees for an STR as follows (see Section 13- 7 4 of this chapter for other residential rental fees); 8 (1) Initial application fee (includes first City inspection): $525.00 9 (2) Renewal application fee (includes first City inspection): $325.00 70 (3) Reinspection fee: $100.00 71 IK 1205 72 (c) Submittal of an affidavit of compliance with all requirements herein endorsed by 73 both the property owner and Local Responsible Party;. 74 75 (d) Annual renewal of the approval in accordance with the requirements of this 76 Article and Article I, except that where a discrepancy exists in any procedural 77 requirement, the requirements of this Article shall prevail; 78 79 (e) Submittal of a detailed, neatly drawn and legible sketch of the rental property 80 including floor plan and site plan indicating but not limited to number of and size of 81 bedrooms, swimming pool and required safety barrier, storage areas for waste and 82 any recreational vehicles, parking spaces marked and measured to indicate 83 compliance with minimum requirements; 84 85 (f) A new application is required when any of the following changes are proposed 86 to an approved application: 7 (1) A change in the gross square footage; 8 (2) A change in the number of bedrooms; 9 (3) A change in the maximum occupancy; 0 (4) A change in the number and/or location of parking spaces; and 1 (5) A change in ownership of the property. 2 3 Uaon comaletion of the chanaes or alterations to the aroperty the owner shall notif 4 the city within ten (10) days of completion. A new Certificate of Use and 5 Occupancy/Business Tax Receipt may be issued if the conditions of this Section have 6 been met and all required permits have been issued for the changes or alterations. 7 Additional fees may apply in accordance with Section 13-4 of this chapter. 8 (g) A STR approved by the City to operate as a residential rental prior to the adoption of 9 these regulations cannot be automatically renewed. A new application must be filed 0 and be reviewed and processed in accordance with all applicable requirements of this 1 Article as well as Article I. 2 3 ff4(h) The application for an STR shall include a fully executed agreement with the City of 4 Boynton Beach authorizing police officers to issue trespass warnings on behalf of the 5 property owner. 11 1206 7 Section 13-95. Technical and Operational Requirements and Restrictions Applicable to 8 both Standard Residential Rentals and Short -Term Rentals. 09 (a) Minimum Life/Safety Requirements: 10 (1) A swimming pool, spa or hot tub shall comply with the current standards of the 11 Residential Swimming Pool Safety Act, Chapter 515, Florida Statutes. 12 (2) All dwelling units shall meet the current minimum requirements of the Florida 13 Building Code. 14 (3) A portable, multi-purpose dry chemical 2A:10B:C fire extinguisher shall be 15 installed, inspected and maintained in accordance with NFPA 10 on each 16 floor/level of the unit. The extinguisher(s) shall be installed on the wall in an 17 open common area or in an enclosed space with appropriate markings visibly 18 showing the location. 19 20 (b) At all times all automobiles shall be parked in an approved off-street parking space 21 or driveway on the property. The parking of automobiles on a swale, lawn, landscape 22 area, within the public right-of-way or sidewalk is prohibited. An exception for 23 parking in the right-of-way will be made when spaces are marked for on -street 24 parking. However, no parking in the right-of-way is permitted over -night. For a 25 description of over -night hours, see subparagraph (b)(2) below. 26 (c) Solid waste handling and containment. Waste handling shall adhere to the 27 requirements of Chapter 10, Article II, of the Code of Ordinances. 8 (d) To benefit the safety of, and maximize compliance with rules and standards by the 9 tenants, the rental unit shall include a posting of information clearly visible to the 0 tenants. 1 (e) Whole unit rental required. Rentals shall be leased as a whole to a guest or guest 2 party. In no event may an individual sleeping room be offered for rent. 3 (fl Noise. All registered guests and other occupants shall abide by noise standards in 4 Chapter 15, Article I, which are intended to prevent, prohibit and provide for the 5 abatement of excessive and unnecessary noise that may injure the health or welfare 6 or degrade the quality of life of the citizens and residents of the City of Boynton 7 Beach. 8 (a) Rental property must be maintained in compliance with all applicable standards 9 contained with the Code of Ordinances and the Land Development Code of the City 0 of Boynton Beach. (h) It is unlawful for Rental Housing to be occupied by a sexual offender or sexual 12 1207 predator if so determined pursuant to Chapter 15, Article X of the Code of Ordinances. (i) It shall be unlawful for any person to obtain a Business Tax Receipt for another business while the property is approved for any unit sub-ject to this Article. Therefore, no one shall engage in any commercial or non-residential activity at a rental. Such 7 commercial and/or non-residential activities includes, but is not limited to, use of the rental for manufacturing, storing, distribution, or repair of merchandise; allowing employees, clients, or customers on the premises for the purpose of engaging in 0 activities as clients or customers; use of the address of the premises for purposes of 1 advertising the premises other than its intended use as rental housing; posting or 2 displaying signs on the premises which indicates the premises are being used for a 3 use other than its intended use as rental housing; and any violation of the code that 4 prohibits commercial or nonresidential uses. 5 (i) There shall be posted at a prominent location near the required landline telephone 6 for the occupants the following information - 7 (1) The property address; 8 (2) Contact information for Local Responsible Party include name, address, phone 9 number, and email address; 0 (3) The maximum occupancy of the unit, differentiating between registered guests 1 and visitors; 2 (4) The maximum number of approved vehicles, and a copy of the detail site plan 3 showing approved location of parking spaces; 4 (5) The location of the nearest hospital and police station including the 911 5 emergency number and non -emergency number; 6 (6) A legible copy of the rental Certificate of Use & Occupancy; and 7 (7) A legible copy of this Chapter. 69 Section 13-96. Technical and Operational Requirements and Restrictions Only 70 Applicable to Short -Term Rentals. 71 72 (a) Maximum occupancy 73 (1) Overnight occupancy at any rental unit shall be limited to two (2) persons per 74 sleeping room plus two persons, up to a maximum of ten (10) persons in a unit, 75 and maintain compliance with the occupancy limitations located within Chapter 13 1208 76 10, Article IX, Section 10-57. The number of sleeping rooms, minimum size of 77 sleeping rooms and/or maximum guests will be confirmed by a City inspector; 78 (2) The maximum number of individuals allowed to gather at a STR shall not exceed 79 one and one-half (I 1/2) times the maximum occupants registered at the propert)L 80 as shown on the Certificate of Use and Occupancy, and in no event shall a 81 gathering exceed 15 persons, regardless of the number of bedrooms; 82 (3) The tabulation of maximum occupancy limits in this subsection shall exclude a 83 maximum of four (4) persons under the age of 10; 84 (4) When any registered guest at a STR is under the age of 21, there must be 85 present at all times a registered guest at least 25 years old; and 86 (5) Notwithstanding the occupancy limits set in this subsection, the total occupancy 87 shall be reduced and set at an amount determined by the Building Official 88 and/or Fire Marshal. 89 (b) Local telephone service. At least one (1) landline telephone with the ability to call 90 911 shall be available in the main level common area in the STR with the unit 91 address posted prominently next to the landline telephone. 92 (c) Emergency lighting. Hard wired emergency lighting shall be installed at the primary 93 ingress and egress of each inhabitable structure on the STR property. 94 (d) Performance of Local Responsible Party. In addition to the requirements of Chapter 95 13, Article I, the Local Responsible Party shall be responsible for ensuring 96 compliance with all requirements and standards related to the Short -Term Rental, as 97 well as the following: 98 (1) Posting of the occupant information as required by this Article; 99 (2) Receiving service of any violation of this Chapter; 00 (3) Visiting the rental dwelling unit as least weekly to ensure continued compliance with the requirements of this Chapter; 2 (4) Acting as the designated contact for responding to complaints made by 3 neighbors against the rental tenants; 4 (e) Advertising. Any advertising of the STR shall conform to information included in the 5 Certificate of Use and Occupancy, particularly as this pertains to maximum 6 occupancy. Reference to the approved Certificate of Use and Occupancy shall be 7 included in all advertising. Additionally, the property owner or designated ated 8 representative of the STR shall have a continuing obligation to provide to the City all 9 venues and websites in which the unit is listed. 14 1209 10 (f) Annual renewal of the SIR requires the passing of a new inspection by City staff. 11 (a) A fully executed agreement with the City of Boynton Beach authorizing police 12 officers to issue trespass warnings on behalf of the property owner. 13 14 Section 13-97. Penalties, Offenses, and Suspension. 15 The processing of violations against this Chapter is in accordance with Part II, Code of 16 Ordinances, Chapter 2, Article V. However, based on the purpose statement within Section 17 13-90, the following requirements applicable to Short -Term Rentals also apply, which will 18 prevail if in conflict with Section 13-90 or other Chapters of the Code of Ordinances: 19 (a) Enforcement of the Code and Ordinances; Penalties. 0 (1) Any certificate of use issued pursuant to this Section may be denied, 1 revoked, or suspended by the Development Director or his/her designee upon 2 the adjudication of a violation of this Section, any City ordinance, or state law by 3 the responsible party, property owner or transient occupant attributable to the 4 property for which the certificate of use is issued. Such denial, revocation or 5 suspension is in addition to any penalty provided herein. 6 (b) Offenses/violations. 7 (1) Non-compliance with anyprovision of this Section shall constitute a violation of 8 this Section. 9 (2) Separate violations. Each day a violation exists shall constitute a separate and 0 distinct violation, except that violations regarding maximum occupancy, shall 1 constitute a single violation for a rental period. 2 (c) Remedies/enforcement. 3 (1) The Community Standards Division will act in accordance with Chapter 2, Article 4 V of the Code of Ordinances. However, any such fines imposed pursuant to 5 this Section shall not be subject to reduction by the Special Magistrate. 6 (2) The City Commission of the City of Boynton Beach hereby declares maximum 7 occupancy violations and nonresidential and commercial use of property 8 violations of this Code to be irreparable or irreversible in nature and therefore, 9 the Special Magistrate of the City of Boynton Beach shall have the authority to issue fines up to $15,000 per violation. (3) Additional remedies. Nothing contained herein shall prevent the City from seeking all other available remedies which may include, but not be limited to, suspension or revocation of a STR Certificate of Use and Occupancy/Business Tax Receipt, injunctive relief, liens and other civil and criminal penalties provided by law, as well as referral to other enforcing agencies. 15 1210 6 (d) Suspension. In addition to any fines and any other remedies described herein or 7 provided for by law, Development Director or his/her designee may suspend a STR 8 Certificate of Use and Occupancy/Business Tax Receipt in accordance with the 9 following: 0 (1) Suspension time frames (for violations occurring within 12 consecutive months): 1 a. Upon a second violation of this Section — up to a period of thirty (30) 2 calendar days. 3 b. Upon a third violation of this Section — up to a period of one hundred 4 eighty (180) calendar days. 5 c. Upon a fourth violation of this Section — up to a period of three hundred 6 sixty-five (365) calendar days. 7 d. For each additional violation of this Section — an additional thirty (30) 8 calendar days (i.e. a total of 395 days). 9 e. A short-term rental Certificate of Use and Occupancy shall be subject to 0 temporary suspension beginning five (55) working days after a citation or 1 notice of violation is issued for a violation of the Florida Building Code, 2 or Florida Fire Prevention Code. Such suspension shall remain in place 3 until the STR is re -inspected and it is determined by the City that the 4 violation no longer exists. 5 6 (2) Suspension restrictions. A STR shall not be rented during any period of 7 suspension. 8 a. The suspension shall begin immediately following notice of suspension, 9 commencing either: 70 1 at the end of the current rental lease period; or 71 2 within thirty (30) calendar days, whichever date commences 72 earlier, or as otherwise determined by the special magistrate. 73 74 b. Operation during any period of suspension shall be deemed a violation 75 pursuant to this Section and shall be subject to daily fine, up to one 76 thousand dollars ($1,000.00) or to the maximum amount as otherwise 77 provided in Florida Statutes for repeat violations, for each day that the 78 rental operates during a period of violation. 79 1211 �0 c. An application for a renewal shall not submitted during the period of 31 suspension. 32 (3) Appeal. All appeals of suspensions shall be to the Special Magistrate in 2 accordance with Chapter 2, Article V of the Code of Ordinances. 35 (e) Revocation. A STR Certificate of Use and Occupancy/Business Tax Receipt may be i6 revoked when more than two of the violations occur within 12 consecutive months i7 that involve the maximum persons standards, the lack of presence of a supervising 38 adult, or advertising/promoting the STR inconsistent with rules and standards of this 0 Article. Revocation action can also be taken by the City for a single offense involving )0 a felony or misdemeanor charge, if the action occurred on the subject property, and )1 resulted in injury to an occupant or a visitor to the property, or involved a drug- i2 related charge. All appeals of revocations shall be to the Special Magistrate in )3 accordance with Chapter 2, Article V of the Code of Ordinances. W (f) Enforcement. The provisions of this Section shall be enforced as provided in )5 Chapter 2, Article V of the Code of Ordinances. 596 597 Section 4. City of Boynton Beach's Code of Ordinances, Chapter 13 "Licenses", Article V, 598 "Rental Dwelling Units shall be renumbered and renamed as follows: 599 00 ARTICLE VI. RENTAL WAVE i TWIG_ U NPP RESIDENTIAL NOTICE AND TENANT'S BILL OF 01 RIGHTS 602 603 DIVISION 1. APPLICABILITY AND DEFINITIONS 604 605 Sec. 13-92-8. Title. 606 ... 607 608 Sec. 13-9-39. Applicability. 609 ... 610 611 Sec. 13-194100. Definitions. 612 ... 613 614 DIVISION 2. RENTAL NOTICES 615 616 Sec. 13-195101. Required written notice of termination of monthly residential tenancy 617 without specific duration. 618 ... 17 1212 619 620 Sec. 13-96102. Required written notice of rental payment increases for residential 621 tenancies. 622 ... 623 624 DIVISION 3. TENANT'S BILL OF RIGHTS AND NOTICEF LATE FEES 625 626 Sec. 13-97103. Tenant's Bill of Rights; Landlord Notice Requirements. 627 ... 628 629 Sec. 13-99104. Late Fee Notices; Landlord Requirements. 630 ... 631 632 DIVISION 4. ENFORCEMENT 633 634 Sec. 13-49105. Enforcement. 635 636 Section S. Each and every other provision of the City's Code of Ordinances not herein 637 specifically amended, shall remain in full force and effect as originally adopted. 638 Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict with 639 any provisions of this ordinance are hereby repealed. 640 Section 7. Should any section or provision of this Ordinance or any portion thereof be 641 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 642 remainder of this Ordinance. 643 Section 8. Authority is hereby given to codify this Ordinance. 644 Section 9. This Ordinance shall become effective immediately upon second reading. 645 FIRST READING this 6th day of June, 2023. 646 647 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANQ .�: IRR 1213 649 SECOND, FINAL READING AND PASSAGE this 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 ATTEST: Maylee De Jes6s, MPA, MMC City Clerk (Corporate Seal) day of June, 2023. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 101 1214 REQUEST: Approve modifications (CDRV 23-006) amending the Code of Ordinances, Chapter 13. Licenses, Article I and Article V to establish a new Article V. named Rental Housing with a regulatory framework for Short -Term Rentals including an application process, applicable terms and definitions, operational and technical standards and processes, and specific enforcement measures and penalties. Corresponding amendments also include reformatting existing Article V as Article VI, and changes to Chapter 2. Article V of the Code Compliance portion of the Code for appropriate insertions for consistency with and references to the new Short -Term Rental sections. OVERVIEW Staff delivered an overview of this project to the City Commission in November of last year, and the Commission responded with the directive to continue the analysis and ultimately return with a draft ordinance for consideration. Staff completed its analysis which generally consisted of a review of the City's current regulatory system applicable to the rental of residential properties, and the drafting of amendments to the City's Code of Ordinances. EXPLANATION & PROPOSED AMENDMENTS The draft code amendments include the reorganizing of Article I of Chapter 13 to consolidate existing sections applicable to residential rental uses with the proposed new sections applicable to Short -Term Rentals (abbreviated STR) within a new Article V. Proposed Article V consists of terms and definitions relative to both STRs and the traditional/long-term residential rentals, the more expanded application requirements for the STRs, technical or operational requirements, and a new compliance process to correspond with regulating STRs. Lastly, staff is completing a separate Business Tax application for STRs that reflect the unique requirements and standards applicable to this use. The primary considerations in drafting the subject regulations included the format and procedural components of the existing City Code of Ordinances, selected standards and processes adopted by other local governments, worse case experiences involving STRs in the region, what staff understands to be the principal potential impacts of STRs on the community, and the limits on local governing actions set by Florida Statutes. The draft products were vetted in a team setting including staff from the Planning & Zoning, Community Standards, and Business Tax Divisions of the Development Services Department. Technical input was also obtained from the City's Police Department. 1215 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-020 STAFF REPORT TO: Mayor and Commissioners THRU: Amanda Radigan, AICP, LEED AP Planning and Zoning Director FROM: Michael Rumpf, Planner DATE: May 23, 2023 REQUEST: Approve modifications (CDRV 23-006) amending the Code of Ordinances, Chapter 13. Licenses, Article I and Article V to establish a new Article V. named Rental Housing with a regulatory framework for Short -Term Rentals including an application process, applicable terms and definitions, operational and technical standards and processes, and specific enforcement measures and penalties. Corresponding amendments also include reformatting existing Article V as Article VI, and changes to Chapter 2. Article V of the Code Compliance portion of the Code for appropriate insertions for consistency with and references to the new Short -Term Rental sections. OVERVIEW Staff delivered an overview of this project to the City Commission in November of last year, and the Commission responded with the directive to continue the analysis and ultimately return with a draft ordinance for consideration. Staff completed its analysis which generally consisted of a review of the City's current regulatory system applicable to the rental of residential properties, and the drafting of amendments to the City's Code of Ordinances. EXPLANATION & PROPOSED AMENDMENTS The draft code amendments include the reorganizing of Article I of Chapter 13 to consolidate existing sections applicable to residential rental uses with the proposed new sections applicable to Short -Term Rentals (abbreviated STR) within a new Article V. Proposed Article V consists of terms and definitions relative to both STRs and the traditional/long-term residential rentals, the more expanded application requirements for the STRs, technical or operational requirements, and a new compliance process to correspond with regulating STRs. Lastly, staff is completing a separate Business Tax application for STRs that reflect the unique requirements and standards applicable to this use. The primary considerations in drafting the subject regulations included the format and procedural components of the existing City Code of Ordinances, selected standards and processes adopted by other local governments, worse case experiences involving STRs in the region, what staff understands to be the principal potential impacts of STRs on the community, and the limits on local governing actions set by Florida Statutes. The draft products were vetted in a team setting including staff from the Planning & Zoning, Community Standards, and Business Tax Divisions of the Development Services Department. Technical input was also obtained from the City's Police Department. 1215 Page 2 Short -Term Rental Amendment CDRV 23-006 Lastly, the draft ordinance includes a few amendments to sections in other Chapters and Articles of the Code of Ordinances for connectivity and consistency purpose (e.g. cross-references). Key Factors Influencing the Draft Ordinance and Selected Components The problems most commonly associated with STRs, in addition to careless property management and lack of oversight, include noise, traffic and vehicle parking, excessive property occupancy, and unruly behavior of guests and property damage. Therefore, selected requirements and standards emphasize intensity of use and namely maximum occupancy, strict parking requirements, optimal and proactive property management, and compliance with more stringent and current life/safety and building codes applicable to group housing. Specific examples of standards applicable to STRs include: • Maximum overnight occupancy being a factor of house size— 2 persons per bedroom plus to persons, but not to exceed 10 persons in a dwelling unit; • Maximum number of individuals gathering at a STR is not to exceed 1 %2 times the maximum registered occupants up to a maximum of 15 persons; • The requirement of a registered guest at least 25 years old when there are visitors or guests under the age of 21; • Requiring vehicle parking on approved driveway surfaces and specifically prohibiting parking on yards, swales, sidewalks, and rights-of-way; • Requiring the STR to be equipped with a land (phone) line to ensure communications of guests with emergency services and the local responsible party; • Emergency lighting to be hard -wired at each principal ingress/egress of each inhabitable structure on the STR property; • Prohibiting the operating of any commercial or a non-residential activity at a rental; • Prohibiting more than one lease arrangement at a STR; • Requiring a new inspection at time of annual renewal for each STR; • Requiring a designated Local Responsible Party to be in close proximity for adequate responsiveness and weekly visits to the property to ensure compliance; and • The posting of all operational rules of the STR and contact information for the Local Responsible Party for the benefit of and maximized compliance with the STR rules and standards by the guests. Enforcement and Penalties To further ensure the compatibility of STRs with the surrounding neighborhood, to prevent negative impacts, and to facilitate expedited halting of violations associated with the STR, more stringent enforcement measures are proposed. Such measures include for example: • Making fines imposed for violations not eligible for reduction; • Applying the maximum fine of $15,000 for violations involving maximum persons and non- residential and or commercial use of the property as deemed by the ordinance as irreparable or irreversible violations; and • Applying suspension time frames that increase with repeat violations and range from 30 days to over 1 year. • Revocation. A STR Certificate of Use and Occupancy/Business Tax Receipt may be revoked when more than two of the violations involve the maximum persons standards, 2 1216 Page 3 Short -Term Rental Amendment CDRV 23-006 the lack of presence of a supervising adult, or advertising/promoting the STR inconsistent with rules and standards of this Article. Revocation action can also be taken by the City for a single offense involving a felony or misdemeanor charge, if the action occurred on the subject property, and resulted in injury to an occupant or a visitor to the property, or involved a drug-related charge. All appeals of revocations shall be to the Special Magistrate in accordance with Chapter 2, Article V of the Code of Ordinances. Optional Requirements or Standards Staff has included the requirements and standards in the draft ordinance that are reasonable and that address the potential hazards and nuisances associated with poorly managed Short -Term Rentals. However, although not recommended by staff, there are additional requirements adopted by other cities in the sample regulations reviewed by staff that the City Commission could consider if an even more stringent and conservative regulatory system is preferred. Such optional requirements could include the following: • Hardwiring of smoke and carbon monoxide detection and notification systems, which is a code requirement for group occupancies, for example, in the Florida Building or Life Safety Codes; • Sound measuring and reporting equipment that notifies the local responsible party when interior or exterior noise/sound exceeds a certain decibel level; • Requirement for the Local Responsible Party to obtain and maintain a property manager license; • Reduce required distance that the LRP can reside from the corresponding STR to increase likelihood of required oversight of the STR including a revocation provision for selected criminal violations including involving property damage, personal injury and drugs; • Decrease maximum occupancy limits; • Increase applicability to rentals with leases of less than 90 days rather than 30 days; • Retain the services of a vendor to regularly conduct searches for unapproved STRs, track violations, etc. and • Requiring public notification of a Short -Term Rental approval. CONCLUSION/RECOMMENDATION Staff recommends approval of the subject amendments to the Code of Ordinance to implements regulations for Short -Term Rentals. Attachments 1217 PART II. CODE OF ORDINANCES CHAPTER 2 AMDINISTRATION ARTICLE V. CODE COMPLIANCE BOARD; SPECIAL MAGISTRATE Sec. 2-85. Criteria for lien reduction. The following criteria must be complied with prior to a lien reduction hearing before the Code Compliance Board or Special Magistrate.(. s ) see , r [b: e V :o e),c.ausk)ur to :be u edU t 011"u a esuul�fi i,ig fDY,ri cert� ::I in �JoWjoi ns uirivo0irig �II2gEt W u u n~o IIIReintaIs : (1) The property in question must be in total code compliance and an affidavit of compliance must be issued for the code compliance case that is being appealed. (2) The subject property must be free of all outstanding debts (including taxes) due the city. (3) An application fee of two hundred dollars ($200.00) must be included for the application to be processed. (4) This section does not apply to lien waivers or reductions sought in conjunction with redevelopment of commercial and residential properties pursuant to the provisions of Section 2- 93 of this Chapter. Sec. 2-91. Violations and penalties. (a) The following table of violations and penalties shall be assessed by code enforcement officers and shall be followed by the county court system as a special Magistrate pursuant to section 2-82 of this Code, in its review and adjudication of matters in accordance with this Article. The schedule of penalties set forth below is not intended to be all inclusive. The penalty for violation of other codes or ordinances of the city heretofore or hereafter created and not enumerated herein shall be enforced in the manner provided for therein. .ww rwii IIS, W t ii.... W �9 a W,..m ' ...W u V i,:p Wii rr.Ill Wu iur�u .... )f uu m .11 pu 11 111 a uu a r a a uII W p r 'p �u N.p ;. u :'SII II IIIc .:W u u m ro' u.�lll uu n ° n flhe.w I thie u�:W.ax� ru"ni.:n'i II )I�"� W�w.�u�u�u Il. a o��Wry„�floin iie g Ilu �u�W.. u� uji........ u i 1 Ill.ug i t W a rug II °r aritMls CHAPTER 13. LICENSES ARTICLE I. BUSINESS TAX RECEIPTS AND CERTIFICATE OF USE AND OCCUPANCY Sec 13-4 Classification and fee schedule. Ord. 2022 109 Page 1 of 14 1218 1219 Sec. 13-5. Provision for unlisted businesses or occupations. All businesses must obtain a Certificate of Use and Occupancy prior to operating within the city. The city may hereinafter classify and issue Business Tax Receipts for businesses or occupations not specifically listed herein. The city shall establish a classification for new businesses or occupations in accordance with the United States Standard Industrial Classification of Establishments (SIC). The Business Tax Receipt tax established by the city for any business not specifically listed herein shall be commensurate with the rate structure and classifications set forth in Sec. :1,31-4,! mand shall be established by resolution of the City Commission following application but prior to issuance of a Business Tax Receipt for the unclassified business. Ord. 2022-109 Page 3 of 14 1220 9 GiFEMit initiating the 9 4 9 ' ' 1 9 9 Sec. 113-76-l. Application and reapplication fees for Certificate of Use and Occupancy, inspections, and Business Tax Receipt; required for use of any property for commercial uu m r® or industrial purposes or for (ti) H §In uIIH be i uurlll rwfuulll aiin h t vlla6on `SII the Cuty Code for ainy Ilpl:Nr on ;)r entity, r.0 h er rlure d or unrl re fly+, tlo.r o:inrlu,uct or ainteir into a Ilnii.11§n ess,, prof s§uon, or311311C ullDu It()111, uuur,h.16ng the uental of aur ,ulll Ilpropa, arty, n otNin IJhe 0Wth ioi,ud flir ii rill tl .auuuuu ur. �a a, ei dJo:icr,rl n of Use �u u 1 r r r i,ull ,�urr:1� alihid ,.)6n(. ussn ued a Illro aull Il ii'§''il ss tem ui uh 1 II Ihnrq dty jEqfttja[,1t Ire 2fl2my a IIIggi ;Illus einse, gI,'air1 gi (:)Ihn ,r n o unkn or or ulll.. ag[29 n rt, ...th ile a usI� of �Ii"1y u e:IIIII....P'Opg ur1 uuuii„ ur1 a ulullur,. r u1.11� suss 1' I u .Ilnr ren 1^u floi'i.. oll a Iln„wu��uurr.ss Wth.0 �uui a varlud cru... e +'II � Is grin I SII Ih.uu � � � d.00i n. u uun�.Iu.u�rhuuu�p ii"r4rluuuur:l,.r1 uun��.r Iur.�u.q....ruurr.h II �!:�� ��III Il�uwu suur�u sn� I �r Il �r �:wu1 "wu��1'n,wlu+�u� ��... � � �, s. 06llal on o::I.h e Gty rn r Ilnu.uur:'pu lln rll 111 auunrlr;;;u a IIna.l1`la 2..,.. !1u Ie V U!: :thr ,o:Jt: (a) Prior to the issuance of a Business Tax Receipt, a person shall file an application for Certificate of Use and Occupancy with the city. The application shall be on a form prescribed by the city, and shall be filed together with such other documents as hereinafter set or as required by state law. The Business Tax Receipt portion of the form shall require disclosure of the Federal Identification Number or Social Security number of the person to be licensed. (b) Each application for a Certificate of Use and Occupancy shall be accompanied by an application filing fee set by the City Commission by resolution, which shall cover the Certificate of Use and Occupancy review to be undertaken by city zoning, and building division staff. Inspections for environmental, Utilities, Code, Fire, and other departments, shall be determined by the proposed use, the applicant shall pay for such inspections at a rate set by the City Commission by resolution. In the event an application is denied due to failed inspections, the application may, upon payment of a re -inspection fee set by the City Commission by resolution, be reconsidered. Il KI III urrn r ...r haing�:: Ifron:p.time to dime Dy Q;horgng of he G1y C0111„uuauunSu.I111 he all.un.rlll.ilrati"un...11 i s r1uVollur uI eaundrfir.r.r.1.I,2u;y...guduuNlounuatonIl.r.rrnrN.Il.r.r � ry� w�ru1 r nn, lll� u1 anus' uu. u���uut��ulll u III°�u��..iurr4���n ..�u Il'�r"r rnull,,�u1.�.n. �u,ur�� �1*�rulll�rll)l�': �:)u.0 Illuii�n�� 4u1. thenther u1 ..u�llury�ui�u� �I Ertl Ih... Slie ui un :'.."u unioii,u (.11 a `Jtv I dl. (C) iVV! „Iiine'�!� ..I �J I �l'i���r r"IIh t �SIIId �,��'lr ll''llr"«r e �"uf U� ilse r„�II"'Iiij rfid:cll,a Yirll"rP:�P: iiilll::ro Iles' ut��P:�...f Wll a �I l� u�a�j (')f d I�r����„Ilf,/d�� ur�l.Pul��hn �ri, �II'ii�r��unn �u.11�a��llir:°u'�°.. h � tu�„��Ilrr� fu:�WIIL”)~vuuul�h...'���I�dr�'�.ii=mull'��µu ��I�I�r�� I II�r:��� uirrii�„I��h�� Il)r:�..p.r�uu����wr':� :.. uru g u llllll ullln Purliiiiu a nlll ureu u w 4ll. !:ee r"uppnOygd 11�y4 bii a u1y1, Q!ni,nu w iioi,ii I.:n ur1 a rlu u����1��:.rf e IIIII��dr IIS . �� a IU�ru:nuliaill II�at� a urs. 1 : e Q� iiiu:!I.Ipflaur�:x.e �r�l�� �rur„� pnr�u�„n�:��.,m�����Itl���:,,�riii�..:h ” �':.� � ���� w :m��u� u91���"�� uuuuu.....ru �.rr�. (Jiriteijor r rid r teii o "r h it "tl:,1„ �� r Of the "pll gpg[t GeFtifiGate of Use and GGn1 4paRGY FeRe ablo Ord" 1022 109 Page 4 of 14 1221 (ed) If the real property that is to be used for the operation of a business is subject to unpaid city fines, fees or Code violation liens, the city shall not issue a Certificate of Use and Occupancy or conduct a use and occupancy inspection until such time as all liens, fines or fees on the property are fully paid, including interest due and any assessable costs and until all Code violations are brought into compliance. (fe) LocalR ponsi a C:'" arty 11111 ;'III::: w„ required. ".yes ...... (1) Whenever any property is required to have a Certificate �:m�ll" Use and Occupancy under this article, the owner shall designate in writing, on a form provided by the city, a local responsible party for contact by city officials relating to the property. The owner shall also provide a valid address and phone number for the !Goal responsible party (2) The 19Gal respor oihln p rt,,q 11 under this section must reside within Miami - Dade, Broward, Palm Beach, Martin or ih '.,^r .:.: I w�.li.e County. ...!.l2.g:....P1 O.b' .!:".!Ijy owner a u"n uay IIS !.b2 d2�ug]gle tl h they l.b 12gguirolim(:�iqls of III nu ;.:Arlin Ie he ll.g.11rgv � mull flhe lo aflcu„pu,mlll s t�:iiungaunlls to e.igsiiii.ure.:that the II gain�;ggllluurng „II, nqalgei ueg.guu'uon. gliis; It SII n N odi n n lgl ll n P .nil n g n�n ':)[III i.. py-o�ei g �� � o oil lgn����;�;; II II'II �"'..:�;nu n� �n�tl��Ill�un�l������. tln��� ul.�� gw'� Il��n��unu:��.Ooeupanoy or after having seGHFedsueh oertillioate, shall designate a leeal responsible (3) A shall have the authority to adequately and timely respond to any Code compliance issues that may arise on the subject property and shall be responsible for the care, custody, control and compliance of the rental property. The Local Responsible Party may apply for a Certificate lllf Use and Occupancy, Business Tax Receipt, and inspections on behalf of the owner. (4) An owner shall notify the D'r^^+^r ^f Development IIDepgp±p]rmg]j in writing of any change in the designation of the local responsible party within ten (10) business days of such change. (5) Failure to designate or engage a IGGal responsible hwr+`® III ° meeting the requirements of this section shall be a violation of the City Code punishable under ..,.......m.��. l:mm'.!r°:....mir.iimlllm,:./ of this Code. agreement, the use of any real prepeFty for the operation of a liola of this seGtion is violat. the Q, V of this GGd (If) Only one (1) Certificate �o: Use and Occupancy shall be issued for each parcel of real property as described by the Palm Beach County Property Appraiser's Office through the provision of a property control number. Certificate u;w f Use and Occupancy is not transferable. (+m;1) All Certificate of: Use and Occupancy applications are subject to inspection of the real property being used for the operation of the business by the city. The Certificate Use and Occupancy inspection charges shall be set by resolution of the city commission. II1:..:t.b::g.e I"'i ll.. l:Ill u ....n .g rya Irgnuu� Ngel gnngq��g gIl:nlg 111,�s ���lU '"v �;rligg, uun„l urrl a lu a u” rg , uuu , u ILU n' �� "�:�uuu u� a un���nl I��� lgn��:n.gu 1 �gu,n, num n:ge.lgu tlu reint, Afl� Volafloiris 111USt be corrected ged ll'efon e.. gf w n unll.l;,inunn if the owner of a dwelling does not reside at the dwelling, and the dwelling is occupied by anyone, including a relative of the owner of the Ord. 2022 109 Page 5 of 14 1222 dwelling, there is a presumption that the dwelling is being rented and must have a Certificate of Use and Occupancy and a [ uusiness4 � ax fh eceipt. This presumption may be rebutted by the owner of the dwelling applying for an exemption from the Certificate o:: Use and Occupancy and N:dusiness t......ax -r Receipt. The exemption application shall include an affidavit of the owner that all persons residing at the dwelling are relatives of the owner and that these relatives pay no rent or other consideration for the privilege of living at the dwelling and that the relatives provide no maintenance or other services in return for the right to live at the dwelling. The application fee for the exemption application shall be ad .d .11,oydi6 d . by the city commission and must be obtained every year. (II) .... 8 Slholrt �eir au lf... ei,iialll adaolp[pygo.d ll.aY:..:dbg Qky doo o."all2g[ ado ...ryas a ae§ii e ndoaad reirn1M lloo ud')r to d,h 2jg.ptjoun U: it'iese rec,p.fllafloins cairiinot IS auuioli'll �:Itj alllllly..!I"einewed, A iew aIl .pllluc aflorlil uMus Ib .IIfle au ur... II' oo: a foo ull uod Il .0 uo o do l.d uun o:ou r: au ao od1n allllll w adnl llluo:nry uII oWe Ir eod l„auu o..!I uo a ads ofArtkIe Vas ° dllNs �'',h all 1::2a a�aao.alll„IIIw,:;Au..:duo do. III d.. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 04-026, § 1, 4-20-04; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-018, § 2, 9-3-14) a;; �ndllllmllllllllllod'',III� �� � 1111111 �'; ,'.III�u�ulllul III, (,i) Any doeirsooua Ilnua y 1p iodlas the c ):;Ssufkllaflon or fee qopdnlucaallnllllq dla,,o dllluryud II,Iryu,atlnin pr( oV d000d d 1 d d he d,, oeil souuru has Ilfmi dla and Rll@o.d an allnupl o aduciinl dlou the lussudaunr.o: +golf a of dJ$e gall°ao,d uo owouad au�aoa ry, in d ryu ry.a��,, II �eaweOt In a,o.o uou'odaurulclIery Wth, dllar®� d uo.00ae.dllu1re!s ped do„ou�lfllu Ilao�u�o,ryuua, �uuad'��„ "d halo d I.0 noua Ilrvgwaw do uua,1 dllnon udodnduo a,ad,uolua do:u uunsIp o d,uoourd IIee or uin IIIrIspe doo in dojo „,, wllnonua allnd llluo all�ode, aii,ii d d do � 'ie pe!ii iI�ulra has Ire 6ove d ::o ertlrlluc::0 n of Use allaod O�o cuud a,llao goo aalinod p6 d dllie uusiiialess dryas IlZoac6pt Ilee u&Iuuesded by dhao cty,, alriid "d Ilul Illduu uua�uga�a drya�o II on�n6: Ilnrya!beein uo^ uu od� (II) A Ilnil,'o te!m to a ( Ila SlldfIcat io in or Ilonmr sllaaadlllIlLi un aode in wi,Ibricl blu ddmiln Qty a wd u��W a�� ����llh�pnu�ua�ndura�� II �o�l7iryauduaao�.!I�ad anaudhll in 30o ullll uralodaau nd a',a dlodlllonaaoual;d uSSUE)lrao e d! ft'iie Ilduu,auurie s d.da IRiif' c u1nd. Il alllllulre don duunuo lllryho Ilulllo uu Il a"o cta d o oou°uY dudlludl,s ,a aaooauoololl of: IlDr otest ulruod no Ifuulyd:lullu chaallllllo lloge Tiay lne umr deIlL),lit that lrsoln uuurudulll uonllaewaalll dl dlryao:�:'' I , drya��� II unr.o ull dy uu�u a llau Ila ona�o� �l�o dll°ao uu ll°ad:doo Il uilod:r ry d SII°aoallllll Ibe ouryol n1 ::or aii,ii uod6bou,4ll 30 ol,,:iy dmrlllllll�l+a,+�u'alid ua siiu°alluc e cd: rya Iloilo wE:illlll a ry Ill�ec up (c) A Ilnlr('4es�, Wlell dwol„ocnryssegl as l)llllllo;+ ops', dry ,,, d IPuo: dull a Wlj,d d aaua ao � a�° oell oo j dlll.Iloo: d'oalr gar deo:ddllllloryod Glerk ar:id oaudounuadl od doo dllnl) CllIy' (-'ouoaund &uo)un a1 the seo oou'uaud Iniieed,,lllrlug Ilonllldloouory ing o oounraddgflooi'ipduuodd ooh" dlnn u o pda )lyd wadlln thn !� did a llk A a oop,lf of the report ,olh allllll l,x Il iirxvairdeo:d to 1 ersoolrli o hion o I:1le d dlnl(: ,,)rodo sd, allloorig Wth ryu uaopdul.rw of flee date ooun Iluuo Ilh dllue repold urn to) Il�De Ilor ,uuo:;l rualloarulyddo od doo Ilia r the Qty o"oolra=alrIIIII S1111olla Ord. 2022-109 Page 6 of 14 1223 (A) A 63CIS11011,111 Of the Cky C"'Oliq 1111711ISS110i, n in my IIbIe appe6bd to thliD Grc61 u; ou uid ol:: 11 11 o ir�� d a hie Grcuk Couid reVew shEflI1 lane de 11111OV13, lind die Dui,�Jeiri oI�::: Ich Coulinty, Droo� :: s[411 IPbm.n of theoersoinii,flta6ing the I:)ctoin I (Ord I,Jo t)17) "P,> 1:21 ,>1� , �, "yew 7 5 95 0ii-1iJ ',10 06-O'N51 f, 21 1 2 07w (Dird ',10 h2 01 d`!!, § ?"6- Ord `lir 14 018,§ 2w 9 3 '14) Sec. 13-18. Right to deny issuance, renewal, transfer, revocation; right of appeal. ls �111 :1 �!:N wllw 8ftje U S&:Ik�ln 13 97 forassp�g�]��2�] pi,20§oii�s, bni�:4rainies �:nd ricstrictkans Sectimi't 13:22 bg se of: tNs Artje us to IIrddrl19111ulln,f11rggul:ic g 3 ino ue g, u!uu,eimeinInd and s as�tirds gpn!ucaLje to reiiflini.� f 'III:: „iiudei,itjN1 p[gpgu±es ,:3uc[i IIIiunsuliness acbVtJes are II 0birred to as Sdairxiard ai,id S[iort eri,n ��ReriU:fls lllso known as vacatoiri reirit�ds), 1�2g! Qutr,01111 11111,11TISS110in Ir 11 1bg 22�2H, Y i1e 'ileggtye 11'pg�2S:21: Uses �:A: reodei,idMl 2u,Opgu±es oii,ii flhe ohairwt:9^ir ofrlu.!Aty 01:: H,,11u111(� liri ftie jt)!.!,eIb[2, 1: 'ii's ri&esairy airid curl !J,ie uund9 resd )f the11nn.uIILIIIIIII heaI11th, saI:ety, gEd w6fai,e t d appy �Dg!nitoij'i,lg gpg[gjbina111 arid9:Wii�)catbn airid,VoWk)irn2gog!Ues apLl,IIDLL�gte tqsakj uses to 2u'eveirit �nij,,id/oi, 111flfl9gi2 �� 'I'll, n2ggl� greate(�j Dy �g�tl jLg!,1§to1'Y usii,::�s 11:)f reskleiri1k�fl 2�,Op!2!jy: Is ffie irAer and n�::!�,,Lose gf siuoh ii�eg����ii,eiiiiieii,,ilits o t : it � t � a2��2�12 ��22 gg�,!:: I riah ire arid almosp��2!e 1� f res�dei,iflkfl� ai,e,�:Js as exp2g1gd �y jbii:� cjt "a reskjei,its ft ��s xi,i1a"IU� lor ain owrer s:u,id/cir oL�,C,itcq,, gf ary 2u-()p!'[trHjflin Glne Qty !g 0u§1111g ggj]jLg[y tg jbh 2 2�,O((:N9diixres inn re aflaflk ns estaLiEshigid oi, urlr llbulllullced uin fts ArtkIe as w611 as Arfiii'Aii" ............ ................ II cruvdImigs of: fljs /\rfig1le, the :()HoMing dgflinkbins s[1161� StarrifardReshIential Reiital. Staindzird III eel dei,041 Il uuflfs that airIonil unIoureiifled foiir 111ess thain ! 3 : QQ) r:jul: 2o2 U) gdgndg! mg�'IUI) fg��[ 0�oire, thain 1hreeIw bi,inIII !s in a cd!2Dd9[ Y2,9L: Sw-,Iii re§kJeinfi41 ur i3Oa�ls lure theirefoiris not I eirrn, sI err Ilnlllso (J0:iiri(:)d gnd a 2�:]Ubed II)y 4J,fls ALoam dry. , dyp11111119 tb2 -6!:dmbiein9 e of the ,Sfxyfertn Ren&il �M,8 22011-t eirrig eintalL ��flso ca1ed a vw3atbiii rei,Aa�1 L)iri(J a III EsjgI2!�Ishi,nei,iI uun Il Niru dlr StihOes:, us any uuuIut oigm9:ru, p g:: u,d„urumd uin a m6u:flI, or coflecflvOy gy�E�gd kng ii�) ii, :b ii, u iiIlaimiH1v dwekna u..uuIt �)r stn, uc�d m:) that Iiis ad�verdm, &J ru ndla° i areirited U) trainsueinll ocii, uixlints Ord” rd 2022 109 Page 7 of 14 1224 iirriioii'rl Ihi,l:liini Ihiree (3) IiiijilE)S ulun a ca1"eiindair ya2g[ fbu P!�rvEiOIIJS k!Ss thiziiin, ftirty gE gDe gg!gudg�' I 1 7 C� �" I D Y il't 'I Mnsicilig C 11RO."L Z�1111Y who re,ints iD,l . ..... iDcQj,[�11�122 a iii iiv� iii -Ig ol''ilr1,, ............ ................... �,:� � I !Jlg[egf, 2IIIts leirigIgME)l III iire§qljf:.NlI,j!2, fliat I1m1eets thilia ddjiinIIfill��lll UI::l Sio,irt e inin I �Rlil::::uinitaWJinlh 9''!h2mAlftc E2ltlg pll,u,p(,?ses I1A" tNs subsfloiin, ll(�) eirn' gtit" s[iidl' lin111112E1111 g pgljo(:j )(hweein "MD.) ILD: gu2w� ?" a in ii tIIS IIIIrII..loWlng Sectioin 13:i'4Staindaiii-iiiiJ aind eim"i �YBZeiiild�� ............... "I'lI'llI'll'll""I'll""I'll",'ll""I"llI'llI'll",'ll,'llI'llI'll",'llI'llI'llI ............... "I'l""I'll""I'll'llI'llI'll",",,"",'ll""I'll""I'll""I'll""I'll",'ll""I'll""I'll",lI ............... "I'lI'llI'll'll""I'll""I'll",'ll""I'll""I'll'llI'llI'llI'llI'll",'llI'llI'll",'llI'll'I ............... "I'lI'llI'll'll""I'll""I'll",'ll""I'll""I'll'llI'llI'llI'llI'll",'llI'llI'llI ............... 41iiind I'; teiiilemfll N2 pls:2"2wallly s:2�mug! [2µpg!jl H,,Ae !-lairty, 21 II2Iaall.,u pl"gtfgEUI g!jUty �'ialll gffei, as a Reiintd' oir 4ll2g! I uy 2g!'soiri to areirit li�)iir 2'(212liallies, ElIlly 2"opertY ini WhliAe :)r ri gg[l wMihdiin t[Iie QII t , �, �iirfless a Ceirlificate IA: L �se� g!ld Qgll� I :: K y 9!ld ���'ljusiiiiness Rec&pt Ilwa....11Deliiirii oUE:diined in accluirdairice Wthi the 2u,'ogeduiire�� 2u2d [m2gluuiireiirneiints U:: Arbde d!ANs G,iapjg[:: ���f g��2y gg!ifl�ct e)dsts IlDetweein the iiremdiireiirneiinhs iri tNs Sedoin Iw:uind other rv. e °tlun in Vino fts jel�rfick? or sewn arddes uljqci i w: piteirs of the ��� E� airvi k���pa gDl !3�:�gujgj�olqs' th I iits of CN!s Aiil�de I e reg g III i e ii� iindk:des §iinglic! 11, d�y t, i j t I iI I III g Ni' (g ached aiim� e � c ed), jvvg-fa]IHy dvvgllI fiVdii,4� in iiii, dH �� alin, lidly lln�j� ding ggEl�Jp�]' i��� indii, uin� iis, aiincl iiniobdk� 10 11, 11 S mIU nrM iii-eirneirits aiiii-e as ............... ............... ............... Q11) 5LLAIU��fl co:: ��t airld sepalin:iIle app��k,:ifloiin �:(Diir eecl q jh sulfljlin( lo the Of lhl'E3 cfl'tJ1dIE!A I C2.gyI , aiiru S I ��R as fiI (agf� 5!gglk, iir� 13 4 ) Emeiir�t d ingin app[cgiii on le�:-:!!,s ciiii of ffiius chaiDteir f011" Dthli:::!i' reskiiii::,! 'fl k:fll reinU:: l" le(:""s')" (jIllu�' uduN wlll il2p1 cabliaini Ilw e (nn -ii(judes first ll�Hy llrlspll'�jblln')" $�2�:Qo (2) B2o2vvg! gr,)p!lcaflc,�iln fee jwuu n.0 pu.ulde Iljllrs�: CHY uurllspg1w ljolrlj J"' !:!! Z) (I B21llrllsp..:....!,L�)iirii :ee'� $IQQ,QQ subllnllufl',:fl' U:: ain a1fldwiidt of cpiirnpp'Iaiince Wth a1l1 heirdin eindpirs(Ni Iby 2g1ti the )pgujy �miineiir aind III ,1' u'1.. ��RespgKj�HAe !!!!�aiirty,' iireiinewalithe in ac,,cordaince Wthi tIII ii,: El I o,f thids Aftcle aind 6ftcle L except Chat 111111 uru a cj'iiisc�iirepgEula exists ii in ainy p"✓ua ecluir flhg Mgi,direinineints lif thidIs,Ailrfi"Ire shidll IpEgvgHl"' g,) 5g12�idttfl' of a cletadlllalij, nileady 0[gLu2 2�2j !ggulNb sketch Ilrll.!: the iireiiq�dl pI,'!.mgqy HOOE R!go guo .wke pg�'2 ull ndlllr,plfoll uII a u1 u.uot,.,llluurdted W 'lLli'n[cNei, iiiI II 1uni�iici suze of IlDedirogims, SWilmiligiJing P,22! 2�2d -egli::0irlE)(j sa��::ety skDragg g!e,,:,: s bir wastlie and ainy arae[ flcjes, pgiirkliiiinlcj2naiirklieci aind Ilrina a!-,llnllecJ to uuuafou ate cornpflaince wfthi imijiJininiurn e I re 117 p (2 11' li tis 991 i�gw �:)pOg' , 2D 22tL I u- e d whieD glluy a111 t[l(:? ::6n0\Ajlng gbgnopurr: REgpg�igd to, ain app!,'Oy!2�i gpp!!ca�:Jlollrv� (`h 1) � gbgII2ggIIII'll the gLgry .ry fa?a:Aagg, (2) a "1w; 2g uup the nu,rfl)ei, of,)ediirof�:)iinls:l 999029!n Ord 2022-109 Page 8 of 14 1225 !::l, I I f � k i g a III d ii, i t e ii, i u ii ii, � ��3 e ii, a ii"ii d /o ii, ��� ic) c . t I o I o P� II - a Iln plUg uin owiner'ddp tbg p[OR21y:: M up:20 mm�2�l21�oini N�: thiii:� IJIE nq c!s oir a�leiratk)iils Ix thlEwQ[Qpi!Dir Ir lclbf� jbgulty WflhaIni tit !1111 111 1!11, inew Cala irUdilicak:? (fl:: III Se aind 6lp[ MlgY ��22 ��ssii,.�eq� IIIthe o3f `II III Sel:tbin 0 ci `FN S ��� zi X 6, C J ha%ie )1 ,!,:)ein nni!': t aind a�l� I-111 : q=!h' I ed 2gLl iii i III ts ha,ve oe1!:::, ii, i Issu ed bir fl-iie d� u:: ii ig�g§ 2- I Eflteirafloir'is. Piibifioinzilll ft�es i appy in acgYcjain(;e Nvftll,'i SecUoi-ii 13 4 dthe is 0 y �91 8 �5 Esl�mi y2d ��2y 1bg Q�It 2 t opgKgry as a au.§dei nfla; 11 areinla�l Il2ujoir u the qdopjuor'i of thiese g:uninot IIDe ai,dc iii,iiahu(au„IIIy!,eii,iewed A, inew appHcadoini aq'ii,d IIDe frbd aii"iid IlDe arevuewed aind p,ocessed uii'i acul"daince With dll Artk:dIe as w6ll as Aftkh le III bg gpp���c�atbini foil, aini S � ��R shafl� indil de a fil flly 99o:N?imer'll vvkh die Gity gif oy['itor'i eacdhi pgHce officeirs �o is!:;uue tre,;p,�:1ss Wairnill(s oil b61�df of: the Seclikin 95 I edhiridicdll aind 0u m m ula n 5 tlll�� s �WDIW to� airid �Re!!l Iiijig [cjin�i Apjg!jlc b�ii)falll Staindaird Illlllll1,sldeiii itikl:idll lll��kein'tdls aiiiiij Shoft���°°1111°°eirrvii IReiritd[s ............... u:w l III III um III I::e/Safiaty Bgqg 11'11= 11111112 In ts 8 �~mA1111111111I111qg pgg, %:)a 11:21, IlhgshdlI conil21yyyjdhi fl ie curr'iqn�: sl�lnc :,:tirds of the umhurvlll" � Wilm I, :: fq::::� t t 3 in I flill ��10��d Sa : Y?�g � Q�]gpjg�' 511 SQ�J(,U: Statutes dAgfting dheifl� nneO, h:hie guinireii'll, 1111111111111111111gim e(,p,flrern1qn!s liof �hie ���Iurk:la 9 IIinsp2tted ainid nu4jI11 acu�)ird�)in(;e Mh 10 oin eadh :16)irjevd�fl: ffie uir'dl: 1111 ain eindo!:3edsIll ggg yyth appu:2pg!g NA§[Ay �Il u2yr ng !b2!pg2fl01"I flilnes dll �itlng!! t)g pg� l<!2d uur'i ail aLpq,Oved d:l: street h2gujkuiig §pg� e u)ir �Jijvewaw ay gEj ±2 iti!2 P�::ij-Hir'ig 2f w �torm�:: 3��bs ��211l g ��YA2� !2�YD� rv:311e,�:u, wlithuir'i the pg11ullluc ai I'I gLyyay g[ ���Idem:fllk is pjd'dbH1i�)dAn &xeEtlioin ibir pgI<u11`11g o'o S 1, the wNHIl IoE:� madii:%A N:::in spgg!�2 1111:,,....112 E: wIjked ir il ii � � �:::�et p22�, I ): II lowev�::'iI-, 11,110 2,2:�Ijkjing in'the III gL�Egy IS pg�-m 'ti(:A -it a diescirt1k)in ol:: ov(Dil nJg��'it h(:)ix'!S' see 22llbOw :1 N c� Sdd waste har,ildfl�r'la aind con�a�iqiineiq� Wa!'Me! nd��r'ia §hdl� adh1i::1i) hoi ffili:n, ,m::!�irenients of ( Ilia, �,,AgE "h Q, �81!kXk) III III, d:: the Coide of: (Dirdinances o ',)endjI the safety �A' god Iz I;011111�2!�aince With 11 11.11111 aind standE:urds byjbg d e teinainfS,flie rump will L11111k Iha lll..11unr uu.urle i pg�iUing gf: rfl:c)irniaboin deaijyyusHNb to flie �ein,:Jinfs 11�t reir � � reg���ireii infa ''eh; i shalll be based as vv a [iiiAe hug a gggrt g��, gggwi� ��h�fle ur 0fl: j 221!y� 1111111 iinl i everil 11m)y 211 n deep11112�3 '(„)orn L)e uAfeir�r::!d Il.bur reinil Ord 2022-109 Page 9 of 14 1226 GLLI:I Ll��a �\'iji rinN: int(��) p�,yEj' PE�� �inI ::h k�uir the flziatenieint d:: excess�vii: �iind ixininiecessair i indse di��i may in ii,jiire thie hedth or w6faire oil - t deg[gdg 1h!g V!: lffE) Cd: the dtlizeins zind resdell its of t[ie CH: y d:: I�3oyo oin II d.dad ii (g) B201Al 2iq2g[1y 2nist be imdnta� ned uunl conipllluance Wth dlI EgwRlllk Jksdandards X: dx= mfl:aun&j Wth the Code of Ordinanceairld the III ai ndh....11 ueviq[ol2gniqnd Codg:� ofthe Ckydid f is uindavvftdl f!)vIII0�fl nlu dlll III busling !g g ggga�g2ku d [)Y g U!"feindliDir oil- sea u" ud....112�,edatgyp. d:: so dedeirri'dined nu!u"SLMIIO b) Chapjgu, 8!tick,� X of �,he Cgiije of 112,(,finain(,es N shdll Ibe uindbwfidl !br aim/ uoers��)iri dd a ddbadri a tusiiness d wi( ft�)irairiodqeir bu§iness W"iHb flhe �[gp2ujy lus app[gy�gd fo[ g!jy g!!�t vfl"I'Jg�A ��o tjNs Airtk,Ae I 'ierdbre, rid�) oine dhi:dll eriig�:Igi::) I il,ii all ly 92211111 leircid� oir i reskJeirit:Jd� �:id:JyNY gd a reintd� S u ch cornimein,ji:i�� in:`i:'Jdeintd actMfle� Iin(Jii,Aes:l but is inilit IIIIIInuIIted to, use of the 1111 t'i 11011ni 011 lile I reinil a��� :or nainufad uji iiriig�22' 1 g� �ds � i �Dut" d" 'neirdhaindse a ow 11 n g eilnp!gygg�, g��Ierits, 10ir IDUStii)rners oin the 2!�eirrdses for �be� �i 3 m 1 1::: ,:ndkJfles as dents or cUSt rnii��,,irs is; iiof the,�:ddress of th�:� pE 21jsi!::�s oi f 01 �::Averflsuing flie purjjarjjjjises iAheil thaini its inteinded use as rieintdl 22yfi'ig 2!I, dsplllgyling rvllddllllY,ry go U22 p[gl]]lsii:ns whk�dh indcates the rernises airii� ',)1:::jing g�gd fg��, a use P 31 N (2ther thain its inteindiad usia �::::::is ren�:��fl� hoi:::�§ng, god �Uiiy yk:datlilion 13�:: thi:2 (,,(:?dqthat 2'ohHDH,s Dirnoinil§d 'IJ:1 !:jnflJ i d) �eire S[11�flll pg�jgtj g! g y� in,flirleint k)caboin ii i(.::!ar the rad .re bind�ine dep��'ioine for 0 t ffie oCgq2gEfl!:; fl'ie lf(.dloWng U.) htli!g 2!mgd:y gdbdog� Cointactirflbirinafloin Ild..ull Il,,uddd IRes� 2!2u,I§Hjle )airty Ilnnu duude unarne, EmJdress:, pl2g!'ie 2I2�j ein,4TILJil�jdress'," fie 0(X3U eir e i i i i 2f !b!2 gEj�t:, dffeireindaflin� ��oli: w ' e" js eire d fie un=naxiiinn911uunn II a nll.unrnnllcdedid gpno,ovefj ve[fldes, arid an cil'Ip of the dJdglilll §te dl2klng 9PIHOV'11:�d k�)(;afloin of pg�jkuing �122��es hebclafloiii U:: U'ir un�a:)resf Ilnospudlnlll gE]P!2�'pd :or staboili II indkding jog 2,11 inuirriE.)eir aiirl l Ilnldllrn niuilnbeir� I !ggHUb copy 113if: the ini: h i C(airtHicaN: d: hJse QcCupgu22" and (Z) 8 !ggIIS TIL copy 112f jb!s 13ediloin 11 06 I eIrl IhiirflucdI a,ii,d re iii i iiiieiiii itil; aind 0,11,III,y Illl k;dble'to eiiw Ord 202'2-109 i 299UMI Y' D Y n e 2 g L t gggg p g ��2 ��a �:::i t a in y ��, in ta ii"ii o t a h a::i e Illuunuudd,lr ddl twill) a 1ddurg 22En,2111 u!R to a maxiiinnisinin of teill p!2�,soins uin a unit, god 9,4intalini coirnp!uaince mjlh the Iuinnkafioins &Wej md (flflin i].[iaptg[ Y j�qkJe L"K:, Segboin "10-57 1 he niun flLier d92209 `021�:i [11111111�nniun ii s�Ize sA: deepV['Ilg 'Cmrns ain�J/or iniaminluilin ggg�!�� W�1� ��.)e g:�infjirmed by 2 fie ulp=nauxiiinnurn 111111undoeir of uurdovdduuanllls n:fllk�)W&J ki g2lbl19i, of a 11i, S[iafl1 not ece&l Page 10 of 14 1227 cil �,:iind oirie-�� �,::Idf (J� 1,1,�) 1jimes IN:� Tigidinvil um of c egisteired at the pu,op2njy, gs - A PgD!�� Ll dilowini 011,11 the Cieil�dicate of l��,Jse aind ()cgiup��2 y :: inc , ail ��j in no everit shafll a gg� ]g[uIrlg 2�929� i� 22ll n2flg, [2ggl,dess of the nii,unfloer of Deii:hrooinlis" Q) � he tabii.dabc�ini of: nnax�inimu'Tl 011!3�13upg�]g ��Irrdls in flfls sil.dusectoin shdl� ii::xdulde! a y II !�Afg11Y 1 (4J pg��Soins � uncler H lile atj2 gf 1 Ql,, I gl�s�ere(�j ggg�� Efl E1 IS , 1, 11 Ell K cid!: 2 1, thei,19 TiUs� zle S(:::: in� (4.) e l ur �:hmr the agg :? e nd dll Urnes a regusp:eire(j gggu gj nu . oki � I a ii, (J I the oc(�,,:pgu]gy tininks set in tNs suLise":%0111 the totdlogg::pq!jgy s[41l llDenreduced aind set,Eit airi arnount deteirindined Ilgy the Q:fiddl aind/oir uire IIIMardwilll D I � D !g!W���Ine �depbg��g wkh ff,�e ab���k to ca1l1 9 tl I N k! q�)ine ( t� y §hMll Ibe avJl4de inft�e� n4in Ieviil:n�lll coniinnoin are,,3 liin the Sp with dhe lunk address 22Sf9d 2,0!!!�ineinljy !11�) �Jhe 4n�,fluinie tdepbg�2g, ency ��gbflii& ��� airii� Wri: d �lg�21lng ��idll Dia inispdliiA gt the En:)Ig! : y l l ingu,e§�� z::Itind egress ofeach sh,riixiiure (:?n the S ��� �R (d) Egpjgu,rnance of: 11 ulll...11luesppu]auLiae IIfluIjly::Illus fil t, theg 101111 ci, e ii l Artke L He III cic4l le %o orl " i.11cplll a Iln 1111111 u" a pw" nu u; Il ll "III II gir ansunling Ir. giiipjuain�,,,e wkb dll recjg�reinneints E2ruJ stairidards irdated toi, dhe Short p eining III wunu uW as wdll as ffie fg- 12mog:: I Ill g l d gy lb l s Artl c le Eg��fing 2f !bg gg(�; pg[iit ir�fgignatjoin as re ulire l l II ggh 'vii ce gll!: gun2y ykja oin cuu hhnus 11 "AsHiing flhe reinitdl dweflHng IgDt lnl Ill east wedkjy !c� eirnsure coiinflinu:ued coimp!aince Wthi cA!: thus LIrig 2it 12 gm�Irflad fi�)r res2:)riding Ig im,�:H:Je by unldl.upllnlll grs aa,ldinr:M ftie ureinldll &JY2�±S�11 11(16! y 2d /,Nrflsng 2��:: fl, U zflhdll coirdn )Irinl to inchuded mini the Ceilfiljca�e of Lll!se ailld 0( pg�1ligdailly gJ2�!s pgnjg�111!s SII)ma)ijinun ocCl:upgn]gy, 1:3 :% ����dbreince to dhe Iumm�lcd D: rfilicat(: of Use Ecincl Occunglm ,bdlll -)e ini�jii,ded 111111 I:fllI w:dwwl, e I e ShdlIhave a ccintirnflim] ialAiil)abon N)rairmide! to the Ght dlvii:)iriues and wet):1311tES 11111 Wflch Hie unk. lisIlstiied (1) 8!]Eiiudl areinewdl of th(:1 I ff: ::!S tl�ie 22�i�jrlg 2f g ��22A �� III Ispied 0111 by Q,N� :!!� — : rAgfl:: uullllll n' ' 11111 ag!leeirinenu Wflh tj Ile Gt of 3oyotcini I!3each auflhoijzning !:wchce d:fcers (g) to t[2s2l i§§ wYg!'EDM on IIwill gf ttI2 2,(?2g1!y smner. SecCbin I 1�07 Offe :R , JjS 5.1. inses,L,,,ll:: 1111, ("1 E; ..... ................ Il 2u:2w:essirig of agg�inst, th�s 0'11���P�er iis ini a�:�,,.c)rdaini3e .swop II �����art 1, C���xje Gircliriainces, C[Iagj!g�, 2,6[dil�je 111/ hWever, cx::�sed oill flhe pu:!Epill) se spateini ryeirit Wthdin Sedoin 13 Ord 2022-109 Page 11 of 14 1228 :)S llnl�aM 111,11, 1111 111 Ord 2022 109 Pucc 12of\4 the S I 'e D§PggI:eiiJ �:ird Ilet Ils rJel�errrflrl&�j �31y Uig Quty hhalChe Vdifigiri !Ig lg!2geU, eksts 11, "31 ��R §h, a 1� iiiiiiot ole renteli-I duii unig g��Dy peirk)d of a he susp�g!isklin s�hdl� be'4�iiii irriirrie�:fiatdy f1!.i1HIi:PMgg �]gj�cel oj::�j coi,i,ii,i,ieigcii,Ig g!thiair� Iat thi! eind of the current rentglll gg�J,12d, or 2 Wflhu�Irii U'IlI'Iy l !N�gDd2L d2n, AbIIIdh&idpeir' Ijale cloigiiveirices ea 'f :2 11" )Iir as ot[ierWse LW.y !!!2 gIdI in'i,::: (ist,rate L) Oii.)erafloin duruina a'uuuli°ui^ aoerk)d of susi.)einsa 6,i dhdl1 be deeii�ried a %Jokidoi,i la g!'Suaigl hii:Uds Sedk)i,ii aiiriid shdl1 L-ue t d:d111y fing� 11p to fl'IQUsz:ui,hd (Jdlairs ('fil,O(H)00) to flhe rigaAriiigigi aigriount as d1herWse p,ovuded �:Iatiufes ::oir repgll !:or eadh itay !tIat flhe rei,itd� opg�'at�m; dLUAI'Ig g of vk:dadorn 9 80 gpp!pcadoig )ir a urall,miwd1 Il ua1111111 uuu ulh.Sdbi,iiflttedthe peiijod d" Sil 011' &z2aa111 MI am"22�:fls SuXusp!''� 'isioiqs slhdll oe U) thilD Spddl\4,:W�Istral,e ulurl. ac (,:�i,)rdairice wfthi GapjgE 2, &,Ude V dhe Code L'A!: 1111 e!ss �IX� Bgv0g':djo1I: h he appEoved of a S R (-,eii ii gfle d!: t pair airid Ogg i �Re(.�613t umav IIbea evdked uf dhe reiDeat as desa,i[ue1iJ uiii '31ecflor� (d)(1) at.)ove W-iei,i nore! fl,'iai'i two of: the uJdafloiris IiIrIm.flve the Ilmaxh,ri,u'ri iiiisu:)ii,issaiiidaiichs, ffie �I2u'eseii,ice u:: a sii v 11 1 11 �:dt, ftie `S' Mh :L22!' h!:1111111g 2�: 'I � ii,� des ard stai,id�:mds d': d dsArflde Zevocaflk)iri adk)imi �;ai,ii dso be hakei'ii Il.)y !t] 2 Cu a sui'ig!g fdlou y 1: fhe a(��tk�)n occurredry ffile Pl'op!2ljy' gu d gg�gl�gu! 2�' v�skor to ffie 2,Og�guj,� ov, rvdved a diug EElfoi,ceiri,mint, hi�pLgitisioi,is of ffi�s Secdo�,)ii,i §,41� .1!:::! (::�ii, "orliDed as 2[gykie4:1 in Ghall ,.)Iei,° .?,, Aii,Ik hi:�! 11d,/ u: 11 thii:1:1 Code of Oixih,i�r:ii,ices ARTICLE VL I A L I1111110 l0l11111111, Al%l'1111) AINI S .................................................................................................................................................................................................................. Sec. 13-928-. Title. Sec. 13-939,. Applicability. Sec. Definitions. Ord 2022-109 Page 13 of 14 1230 DIVISION 2. RENTAL NOTICES Sec. 13 m'„'. Required written notice of termination of monthly residential tenancy without specific duration. Sec. 13 mw Required written notice of rental payment increases for residential tenancies. DIVISION 3. TENANT'S BILL OF RIGHTS AND NOTICE OF LATE FEES Sec. 13 "1, . Tenant's Bill of Rights; Landlord Notice Requirements. Sec. 13- Late Fee Notices; Landlord Requirements. DIVISION 4. ENFORCEMENT Sec. 13 Ifs Enforcement. Ord. 2022-109 Page 14 of 14 1231 ru U L- m W W w E C6 C N co N E O U 00 U U)4-0 N N O N E - � _O �-% � m +r m 0- 'p O OD cn E -2 C:M cn C M O Ocn c O cn W O C ZS � � � O � U .� a) � O cn 0 O Q U U to N cnO N O C/)(6 O U) O N '> Q C/) D- C� — 4-0 +_ O (ncn U L- m W W w E C6 ' co E 00 U O N O - � _O �-% � m +r m 0- 'p O E cn C (6 Ocn c W O C ZS � U � a) M 0 O U U to C: cnO O O cm— O Q O O E — 4-0 +_ O (ncn v� O +� m E UU) O o U � U AlU 00 m U .(n _cn m N c6 A, U) a) E O Z 4-0 O O c N E m O i 2 C� cn 0 E E .C: .E N Z i Q LO s V LL J, co O O U (a E O U) 0 70 U) E I m M3 E x w i-� ry m cn � O �--+ }, >.U) 0 �� > 70, : U _N •� O Q O X C Q U O N cn O U L O }' E •� Q O E 0 N •x •� co 0 �� A E cn IM CD N N w El i rid U) O U cn CD C: N i m O -� cn cn O co E cn m > N O � 0 . m O CL cn N (6 E iii � p Co j U L Q U \ O co L ' U 70 M U �+ -� N N N � }' N (1) O CY) O a) C: co � O O O N N _r_O � a) • "co a) O i _0 O N C co CCU > (6 4-04-0 ca (3) a) += a� U U O � co � U LL i 41 O O C O o O _ U)0 O C) N coL6 Ln O �/ LL c6 00 p U 69- a) 69- Cl) � O O O U L a) 4--jL co O Q Lo a) a) � CL U O co 1 O O a)ID O ° E a) -aE C/) Q° ° � o 0 0 ��� (f)U)m Cl) C� .� U) (n 06 v w a) Co a) E ai (6 •Q > E o (D a) = m -0 Q 0 a •>_ a o `� o � V i O O CL 0 i O m M� J O W L L O V 06 w E O L a. .V Q w 0 CL 0 Ln N N .cr of cn U U .a E O A u cn E O •E •cn a.i cn J w C6 O CL U m i O m M� J W L L O V 06 w E O L m .v Q U m E `� N 06 N U) Z O • � > m W 70 A ` 4-0 } LD U (6 OV O N .� EO N U co 2 Q 2 i O CL 0 i O m M� J W L L O U 06 w E O ca .V Q c N U 4-0 Li c O 4., CM U O 1 Ca _ c� 4-a cn Ca Z 0 Q W V i O O CL O L CL i O m M� J O W L L O V 06 w E O L a. .V Q W a) L 0 •� • % a) co a) 4 c O i U O -0 O cn •> cn t!� L � N 4-1 N E m O L U •C•X O O O CL O L CL i O m M� J O W L L O V 06 w E 0 a. .v Q 0 L �J U) 0U N 4- v •� cn N 0 C: 70 Q 0 CU +-+ (n _ Cco co co 0) •� •� U) i O m M� J O W L L O U 06 w E /.A I1 O a. .C: O cn L- W ,0- W cm ca E a) 0- 0 ^L- n n N CL E E .X cu ►- O C: cn Q C Q Q C6 (n(n 4-0 cn M R 0 O CM 0) m co .C: .� U � � N CL E E .X cu ►- ■0 O V 06 W 4) *00O Z i iL O m O U L L m AMA co m r. .O x U) E a--+ U) O U co 0) (6 O 4- 0 0) (6 2 I 79, L 42 w Advisory Board Vacancies as of May 02, 2023 Art Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Vice Mayor Turkin II Hay IV Kelley Regular 2 -year term Regular 2 -year term Alternate 1 -year term Applicants: Ace Tilton Ratcliff — Current Regular member seeking reappointment. Completed one term. Building Board of Adjustment and Appeals Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular 2 -year term Vice Mayor Turkin Regular 2 -year term I Cruz Regular 2 -year term II Hay Regular 2 -year term IV Kelley Regular 2 -year term Mayor Penserga Alternate 1 -year term Applicants: None Community Redevelopment Agency Advisory Board 2 Year staggered terms Mayor Penserga Regular 2 -year term Vice Mayor Turkin Regular 2 -year term I Cruz Regular 2 -year term II Hay Regular 2 -year term Applicants: Naomi Cobb - Current Regular member seeking reappointment. Completed two terms. Chevette Gadson Golene Gordon - Current Regular member seeking reappointment. Completed two terms. Gregory Hartmann Mark Jackowiak Ellen Jones Alexandria Lopresto Noelle McIntyre Heather Posta Lesha Roundtree 1248 Advisory Board Vacancies as of May 02, 2023 Education and Youth Advisory Board 2 -Year term Regular member 2 (2 year) terms 2 -year term Alternate/Student Member 2 (1 year) terms 2 -year term Mayor Penserga Regular 2 -year term Vice Mayor Turkin Regular 2 -year term I Cruz Regular 1 -year term II Hay Student 1 -year term IV Kelley Student 1 -year term Mayor Penserga Student 1 -year term Applicants: Francois Calixte-Dieuvil - Current Regular member seeking reappointment. Completed one term. Nicolas Giacolne Dr. Teresa Kasey-McClendon Valorie Valcourt - Current Regular member seeking reappointment. Completed one term. Historic Resources Preservation Board — Quasi-judicial Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular 2 -year term Vice Mayor Turkin Alternate 1 -year term Applicant: Bradley Jackson Library Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz II Hay IV Kelley Mayor Penserga Vice Mayor Turkin Regular 2 -Year term Regular 2 -year term Regular 2 -year term Alternate 1 -year term Alternate 1 -year term Applicants: Ellen Jones Lindsay Karten - Current Regular member seeking reappointment. Completed one term. Marcia Levine - Current Regular member seeking reappointment. Completed one term. Ace Tilton Ratcliff - Current Regular member seeking reappointment. Completed one term. 1249 Advisory Board Vacancies as of May 02, 2023 Planning & Development Board - Quasi-judicial Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular Vice Mayor Turkin Regular I Cruz Regular II Hay Atlernate Applicants: Vanessa Belmonte Ellen Jones Alexandria Lopresto Lesha Roundtree Nicholas Tunno Recreation and Parks Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms IV Kelley Mayor Penserga Vice Mayor Turkin 2 -year term 2 -year term 1 -year term 2 -year term Regular 2 -year term Regular 2 -year term Regular 2 -year term Applicants: Sarah Beveridge Geoff Campbell — Current Alternate member seeking reappointment. Completed one term. Julie Mondello - Current Regular member seeking reappointment. Completed one term. Frando Patterson - Current Regular member seeking reappointment. Completed one term. Senior Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular 2 -year term 1250 Stanzioine,, Tammy From- ace < i~ or r-epal yt"�)123fornil)uiider-.com> Sent: TLIesday, March 14, 2023 2:44 PM To- City Gerk Subject: Advisory Board Appointment application Attachments: ATR-resurne-2023.pdf Today's date 03/14/2023 Name Ace Tilton Ra:tcliff phone number 561-376-3640 Address 142 SW 13th Avenue Boynton Beach FL 33435 United States Email ace@staywejrdbekjnd.corn Current occupation or, if retired, prior Self-employed artist and writer occupation Education BA in Pofifica0 Science from UCF Are you a registered Y voter? I Do you reside withiin the Boynton �Beach Y' city limits? Dio you own/mainage If "yes", name of Harper's PrOrni5e, CUirrently on hiatus business. Are you currently serving on a City Y bolaird? I Have you served on a City bard in the Yes past? If "yes", which, Yes, I am a vnernber of the Library Board as well as the Art Board, My terrn on the Art Board has bolaird(s,) and whn? come to an end but I am efigibIle to re -apply. Have you ever, been, �No P? If "yes", when and N/A where? 1251 OEM= If appointed by the City Commission to 7f7 - willing to serve in thiis capacity?' ZGEMMSEEM Yes Personal i ani a working artist who makes my living as a rrietalworker', mixed -acedia artist, photographer, Qua:lificaitionis and author. I have grown UP in Boynton Beach and though 1: left for some time to live in California, I returned in 2019 because I wanted to be in my hornetown. I attended Dreyfoos High School of the Arts and graduated in 20,05. 1 have been an active arid excited'i rriernber of the Art Advisory Board and believe that serving, another two years to complete my tenure will be useful for my personal growth and for the Board. Professional City of Boynton Beach Library Advisory Board, Member Memberships IAAHPC Member Feel free to a,ttaich/upload a:in d=38,0b8a7l].04aie843,9le6c5el22526cObel ) extra, sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements, may be cause for removal from a board. The mesa, e has been serrt from 185,20,3.219,28 (,United States) at 20 I1 14 13*4135 on Chrome 1()9,0,0,0 Entry 0: 606 Referrer: httasjLwwA,.bc)ltitori-bcacti.o[U Form Host: 8-321A/�i �aa: hgaLdLilzig Llut n, men t - auml Lcat tic 1252 m„�WI��� ''lll��llo sMVli �V^Nti V� ac N�UIVu�„ IU�Wr � N�µJ oM'V'ft� u�'V%�, w�n� (IV �Ndlo*'�Yd�. "�Nw a "�ll�lwo�^^ w., 1�4� w Gu„ ��'Id;«, E, Y&VO I Nil fF' 00WITY -0 a missaim, They[Thern Pronouns ryluillw1by"Iludly alrrssl ullube UUM qTaPPWb %14'1111 IFIC U1l5UV4eTj Ul bell MiTyff) Ille wellenuebi ulat knaMN-141' U411 chitchat, but damn good art, Will W i- ..INN milli Robinette Kowal and Alix Harrow, They have an AS in funera I siervices; six years experience as a funeral 5; Promise_a_v_PterinaQlpractice focused on in-home pet euthanasia and'! end -of -life care, Ace is a metalsmith who also works in fibers and watercolors. They're a Photographer who shoots digital and film. Ace is a sucker for the literal undierdog� they live with four dogs and three cats, alt abandoned' street animalsi. Ttm)��d-cwrwtraldzr V -MK#*& kv their scooter to the beach to read, El"'XPEMENCE & SIU" US CEO, Stay Weird, Be Kind Studios I December, 20,11 - Present Ace's work as a freelance writer has spanned topics from deathcare to disability and beyond. Ace is represented by their agent, Stacia Decker, at Dunow, Carlson & Lerner Literary Agency. Their first book, "The Little Book of Dog Care: Expert Advice on Giving Your Dog Their Best Life" is forthcoming in j Illy, 2023 from Simon & Schuster. Ace has bylines at places like Gizmodo, Popular Science, log, fluffington Post, Eater, and many more. Ace Eras made a name for themself writing about living life as a disabled person in an inaccessible world, but has also had fiction published in places like Fireside Fiction, Phobos Magazine, and Glittership, Ace's voice as a disability activist has been featured in ,rhe Economist, the Guardian, and Upworthy Videos, Ace has been a panelist at The Next Page Conference in partnership with Kickstarter, Worldcon `76, and the North American Scierice Fiction Convention 2020,,Ace has been featured on a number of podcasts, including Maximum Fun's Reading Glasses, WNYC's Note to pelf, and Andrew Gurza's Disability After Dark. As a sensitivity reader,, Ace focuses on topics related to disability, working with writers like Hugo Award winners Mary Robinette Kowal and Alix Harrow, plus publishing houses -such as Penguin Random House, Toy, and Rosen Publishing, Ace has been awarded the D, Franklin Defying Doomsday Award and nominated for a pushcart Prize 1253 Ace possesses a dedicated group of almost of amazing Twitter followers and makes nearly 2.5, million Impressions there on a monthly basis. Ace and their followers focus on community -care, raising thousands of dollars for places like local abortion funds or Fiyah Magazine, in order to sponsor disabled BIPOC to attend FIYAHCON. fro- ottn er, Dhcare Advisor Harp is Promise, LLC I January, of - Present Harper's Promise is air in- home pet euthanasia, hospice and palliative care practice devoted ,tohelping, families throughout South Florida provide the best possible end of life experience. In 2017,,Ace co-founded the practice with their partner, Dr. Derek Calhoun (a veterinarian), after the death of their ctilhualtua, Harper — the best -worst dog ever. Ace applies years of funeral industry expertise to working in conjunction with Derek to enhance quality of life, for chronically ill pets while providing dignity, comfort, and!, control through the final stages of incurable illness for those that are terminally ill. Ace and f erek keep Harpers Promise by helping, provide pets a good death, which is air integral part of a good fife. Funeral Director, Embabner, & Crernatory Operator Paren t- Sorensen Mortuary & Crematory. I January, 2014 - August, 2015 Wilson & Kratzer Mortuaries I October, 2012 — January, 2014 Smith & Witter Funeral Home I January, 2012 — AUgUSt 1, 2012 Boynton Memoriol'Chopet I May, 2010 - August, 2010 Ace had direct responsibility for administrative and organizational management in addition to fast- paced event planning and production with extremely tight deadlines. She has superlative customer relation skills under demanding and stressful circumstances. She coordinated legal paperwork at a county, state, and national level, with a focus on calendar, budget and contract management, She flexibly worked between three office locations in addition to remote, after-hours telephone work. She provided necessary support to a tightly knit team when riot working independently. She conceptualized funerals for thousands of families from a mu ;titude of ethnic and cultural backgrounds after in-depth, personal phone and onsite interviews and conferences. She completed a rigorous and extremely demanding two-year embalming apprenticeship. Nominum,' Inc, Ace worked with the documentations team to streamline existing technical documentation and produce new documentation for end, -users - typically system administrators, Site standardized content across platforms, revised documents, and clarified instructions to make documentation easier to use. She is proficient in lira software for ticketing systems and Madcap Flare for docurnent creation. She is willing and able to learn any new software or programs required. un et Inc. Ace was a combination event -coordinator, customer service representative, and salesperson, providing innovative service by using over 14 -years of experience in situational analysis to create repeat -customer loyalty,. They were in charge of all advertising and social media campaigns, including all written 1254 communications released by the company. Ace implemented multiple lel gli-level, marketing -oriented processes and procedures, witIr a strong focus on social rnedi a maintenance across multilaic major platforms. ACII VOTHES &, 0RG)4,NLZI' TIONS City of Boynton each Art Advisory Board, Member City of Boynton Beach Library Advisory Board, Mernber IAAI I PC Member EN )UCATV'J American River College, Sacramento, (A - AS., Funeral Servi(eS 201-2 University of Central Florida, Orlando, FL, -- BA., Politicol ScienCe 201.0 1255 Stanzione, Tammy From. Oty Clerk Sent: 1 uesday, March 14, 2023 5:53 PM To- De Jem.rs, Maylee; Stan zione, Tanirvy Subject: FW: Advisory Board Appointryient application From: drnrcobb <i,ioreply@,123fori"nbuiilder.coTi> Sent: Tuesday, March 14, 2023 5:52 PIM To: City Clerk <CityCIerk@bbfI,us> Subject: Advisory Board Appointment appilication, =iw Name Phorn e number Address MM Education 013/14/2023 Naoirni Cobb 95�4-6916�-18,33 10,07 SE 3rd Street Boynton Beach FL ' 435 United States drnrcoLtLa)_&qj�Li�x..om W232M= MOE Do you res�ide within the Y Boynton Beaich CISI ity limits? Do you own/manage a busiiness within City limits? T1 29031��� Are you currently serving on a Yes City board? Have you ser,ved on a City Yes board In thfast`? If "yes", which board(s) and CRA when? Haveyou ev been convicted Yes, of a crime? If "Yes", when, and where? Georgia 1982 Advisory Board Community Redevellopment Agency Advisory Board 1256 aM w� M M Personal Qualifications Currently serve as Chair if CRA Advisory Board FOrfflelt° Pub�lic Administrator Currently employed as a Risk Manager for a non profit acrd have over 40 years as a public employee Professional IMemberships SHRM Feel free to, attach/upload an extra shieetear resume. Certification 1, the applicant, hereby certify that the state rne rits and answers provided hereirl are true and accurate. I understand that, if appointed, awry false statements may be cause for reirnoval from a board. The rnessage has been sent from 66. .0,10 (United States) at 2023-03,14 16:5MI on Chronie 11 .01,0, ErM'y ID,: 608 Referrer. h s, W,Ab�dnton-bg�ad .1tp,J1 n 'i � ci r Forn'i ldost: ry-hoaLd �L J Liqjent al )n L)8.32 4La.Jyjs 0 _2_ L �pi) L �aUL_ 1257 Stanzione, Tammy 0, -Now WM- From. City Clerk Sent-. Tuesday, April 18, 2023 10:19 AM To: Stanzione, 1"arnrny Subject: FW Advisory Board Appointment application Attachments,. CGadsonResurne-,2022.pdf From: CM&adson4 �-,noireply@1forryibui,G(ler,coni��, Sent: TLIesday, April 18, 2023 10 10 AM To- City Clerk <CityClerk@bbfI.us> Subject. Advisory Board Appointment application Today's date O /18/2023 Name Chevette, Gadson Phone number 561-702-9973 Address 1480 NO. 3rd Street BOYNTON BEACH FL 33435-2622 Netherlands Email Current occupation or, if retired, prior Manager, Clint of School Programs occupation Education master of Science, Counseling Psychology Are you a regilst�ered y voter? I Do you reside within the Boynton Beach Y City firnits? Doyou own/manage Are you current�ly servi ng on a City Y1 boa,rd? Have you served on a City boarUII d in the it III past? I 1258 if "'Yes", which Education and Youth Advisory, Board - currently serving now boaird(s) and wheO IIS If "yes", when and where? Advisory Board Community Redevelopment Agency, Advisory Board J appointed by the City Commission to ;erve as Board Chair No or Vice Chair are ISI �II you willing to serve in this "ty? capad Personal I have beeni long-standing resident of Boynton Beach for 40+ years. Qualifications I have a B,A, degree in Finance. I have been a member of the Education and Youth, Advisory Board since Septernber 2019. 1 served as chapter president for the South Palm Beach, County Alurninae Chapter of Delta Sigma Theta, Sorority, Inc, for four years which included overseeing community prograrns and projects. I arri currently a Manager in the Departaient of Extended Learning with the RaIrri Beach County School District where, I oversee and support 40+ middle school afterschool pro rams with over a $2,00 ,01010 budget, I arum passionate and eager to serve the Boynton Beach community, professional Palm Beach School Counseling Association Memberships, Delta Sigma Theta Sorority, Inc. (Life rnernber) University of South Florida Alumni Association (Life mernber) Feel free to attach/upload aner (01�1&.L)L(Lad Ild 11 -,yc gt�j: 4!,, Od, I c extra sheet or 144d34 �ttps,Lfo n112YSLr�nLld, bu j_ resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and aCCUrate. I understand that, if appointed, any false statements may be cause for removal from a board. The rnessage has been sent frorn 127.01.0.1 (Neffiedands) at 2023-04-18 09:10;26 on Chrome 110.0.0,0 Entry ID: 622 Referrer: Form Host: I_1t-1j?2-:/In,..I1-foar nbuld'Ider,corn/5,3LA/9�y�gly g4 d.. ointen -Pp!Ilc.a.. .....o n 1259 Starizione, TarnintX From: City Clerk Sent: Thursday, April 13, 2023 8:46 AM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: glouis129 <noreply@123formbuilder.com> Sent: Thursday, April 13, 2023 8:29 AM To: City Clerk <CityClerk@bbfl.uis> Subje,ct: Advisory Board Appointment applicatNoni Name Phone number Address EM n 04/13/20,23 GO,LENE GORDON 230 LAKE MONTEREY CIR BOYNTON BEACH Fl. 33426 United States &Lo3Js129@gmafl..gom Real estate agent, financial specialist and life insurance broker Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Dooui own/manaU a business it's w 'thin City li'miits? 1 1 1 1 If "Yes"', name of business: GORDON SOLUTION LLC Are you currently serving oni a Yes City board? Have you served on a City Yes be in the Past? if "Yes", whiich board(s) andl CURRENTILT SERVING AS A MEMBER OF CRAAB, FORMER ART COMMISSION BOARD when? AND FORMER F&D BOARD Have you ever been convicted No of a crime? if "Yes"', when and where? Advisory BoardCommunity Redevelopment Agency Advisory Board 1260 if appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? personal Qualifications MY MANY YEARS OF SERWNG THE COMMUNITY Professional Memberships MATERS OF lSMESS ADMIMSTRATION' Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any faise staternents may be cause for removal from a board. The rnessage has been sent frorn 69.18,0,113, 28 (Ulniited States at 20,23 04-13, 07:29-1019 on Chrome 111ff0,0 Entry ID: 617 ReferrerhtjpL-,jj bgLy_n_LQq-bp_4�,th'ggz -- _NyA�y _ Fc Host� htt :� fon,n.123foirrnbLdIder,ccon 32L4Za0visq oard-!prLqi 9t_ment-appflcation 1261 Stanzione, Tammy From: ogre harts en,or,eply(�i)123foirmbui�ldler,,com> Sent- Thursday, March 3,01, 2023 3:57 PM To: City Clerk Subject- Advisory Board Appointment application Today's date 03/30/2023 Name Gregory Hartmann Phone number 954-258-3236 Address 1083 SW 25 PL Boynton Beach FL 33426 United States Em,all gregliairts@'prtotiinai�.co�rii Current occupation or, if Motion Graphic Artist/Business, owner retired, prior occupation Education ConnECfiCUt School of Broadcasting, Do you reside within the Yes Boynton Beach City llimits? Doyou own/manage a buisi�ness Yes within City lini If "yes", naime of business: Modern Animal LLC Are you currently serving of a Yes it board? Have you served on a City Yes board in the paist? If "yes"", wphich board(s) and whenArts AdvisoBo ry ard ? Have you ever bieein convicted No xif a crime? if appointed by the City C,omm,ilssilon to serve as Board Yes Chair, or Vice Chair are you willing to, serve in this capacity? Personal Quail Ifications; My qualifications to, be on the CRA advisory board are that of a srnalt business owner and engaged conistrtuenit who wants to bring their lousiness and life experience to the board. VI also serve the city on the Arts Advisory Board, I have volunteered and engaged I 1262 the local community over the years, & have the understanding needed to help move the CRA and city in a positive direction, Professional Memberships Defray Beach P,BA =- 1707mr. MM Ytt oir resumei, Certification 1, the applicant, hereby certify that the staternents, and answers provided herein are true and accurate. I understand that, if appointed, any false staternents may be cause for removal from, a, board. The message has, been sent from 9,35.29.1.59 (Unfted 5tates) at 2023 013.30 14:57.-08 on Safari 15kl Entry ID: 613 Referrer: hit s: g, iLonzbe, rL/ yL Forni Host:iLttRs.diorrrij.123fon ,mbuide -COD)5 3LIAbAy-qL�20 yjsorko oigtrTignL- i d6on, _ _ -- 1263 From: City Clerk Sent: Monday, April 17,2023&03 AM T+o: Stanzione, Tarnmy; De Jesus, Maylee Subject, FW: Advisory Board Appointrnent application Attachments: Mairk-,Jackowiaik.-Re$Llltne-04112023.pdf From-, rnjackowiak <noreply@123forTTibLilderconi> Sent: Friday, April 14, 2023 4:55 PM To: City Clerk <Cit,yClerk@bbfl.us> Subject: Advisory Board Appointnient application 04/14/2023 561-374-.0031 Address 3156 N Greenleaf Circle Boynton Beach FL 33426 United States Email�7gj�V_�P!)jt QW.�,L� (X�) - wYLaj-C�h . COM _C Current occupation or, If retired, prior CEO and Founder occupation Education Depaul University - Bachelor Degree of Arts in Business Management and Entrepreneurship, Are you a registered Yes voter? Do you reside within the Boynton Beach Yes i City, ilmlits? Do you own/manage a business within City Yes limits? If "Yes,", name of Ze,lta Home match business: Are you currently serving on a City No board? 0 1264 If "Yes", which Cornsurner Protection Commission -teak Forest, IL 2004 board(s) and when? Have you ever been No convicted of a crinne? if "yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board lf,appointled by the C-Ity Commission to serve as Board Chair Yes or Vice, Chair are you willing to sierve in this, capacity? Personal My career in sales has given the ability to effectively comrnUni4cate and build strong Qualifications relationships. I served on the Consurners Protection Commi:sion, whichm I acted as a liaison between the community and businesses in the community, I currently olwin a home watch business in Boynton Beach and watch homes in Palm Beach County. I am serving as an Ambassador (Business Mentor) for the Dell,ray Beach Charnber of Commerce, 11, am bonded, Insured) and background checked with the National Horne Watch Association. I an') licensed a FlISAA Football and Baseball official. I have overall rating of 4.8. Professional National Horne Watch Association Memberships Delray Beach Chamber of Commerce - Arnbassador Committee Florida High School Athletic Association Feel free, to attach/upload anp �htt sILfoi,rn,123formbLJilder,.corTr 51L� extra, sheet or resuime. Certification 1, the applicant, hereby certify that the statements ands answers provided herein are true and accurate. I understand that, ifr appoh'ited, any false statements may be cause for renioval from a board. ThE! messwee has been: sent from 68.91.221,102 (United States) at 2023-04 14 15:55:21 on Chrorne 1.12,0.0.0 Entry ID: 619 Referrer tttiA.5!Lmv—wtoo yrLtgLl-b—LiLr!'i-o—rgZ Form Host: h 11,5� forni 1l �u LHder san-I L.51N t4 ns f k 1lrc fpjqULjjL-. e .p.pjjqatjon 1265 MARK AAACKOWIAK Boynton Beach, I'L, 1 561.374,0031 CAREER SUMMARY Accotripi i shed bUShICSS entrepreneur and sales professional experienced irr niaxiinizing, business -to -business sale%within highly competitive markets. Expert closer committed to a soWflon-biised sales apl'.)roach and as Cu stomer-cent ered focus. J',",'xceptimial aabdity to build and im,'dntahi relatiorisilips with key decision makers. I"roven track record ol"exceeding indlion-doHar annual sales qw)tas. U'Atraordinary conitnunication and organizational skills. 0 Ncxv BUSiness Development Territory NIanagerilent Cl -Level Sales Relationships 11 KI'll LIGHTS Prospecting an(] Cold Calling COIISUltatiVe & S(flUtion Sales New Account Acquisition • Client Relationship Management • Key Account Management • Ucadershnp & Team Building PR(I WESSIONAL EXPERIENCE ZELTA HOME, WTCH — Boynton Beach, Fl, Dec 2022 to Current CE0 and 14'oander— Conduct vissual inspection, of a horne or property, looking for obvious issues. Ideatify water, inold and pest problems, or with various outside contractors to repair or service tile properties. Word ofmouth referrals and niat-ket affluent communities to secure an(] protect their hornes. Member ofthe National Home Watch Association -- insured, bonded and critri ina I background check I Nleniber ofthe Delray Beach Chamber of Commerce -- Accepted as an Arnbassador. Affiliation atid strong reiationship with All Trades Consiruction Company for Pr(Ject Management Top 10�% Home Watch Businesses in Paint Beach County, FL MONEY MAILER OF GREATER ORLAND — Frankfort, 11, Apr 2017 to Apr 202'2' f'runchise Responsible for day-to-day operations, monthly` profn and loss reporting, help businessesand nianagenieni create strategic plans to, niarket their prodUcis and services through direct rnail, rnobile and digital niarketing, • I nereased profit margins over 63% year over year • C lensed over 2,,469 spots ofadvertising in 20 19 • ANvartled Special Achievenient Award for increasing 1,573 spots� • Received the Dianumid ( I lub Member for being recognized of Outstanding Actdevenient of 501,4 montfis MAIIJACK EN'T"ERPRISE S, LLC — Oak Forest, IL Mar 2005 to Dec 2'018 ,Real Eslate Investor/Properq, Almutger — 1""UrChased real estate propertiesand land in ( 4eorgia, f1orida, Illinois, and 'rennesm,e, Managed and, operated rental properties in Illinois, Responsible I"or tic; day-to-day, activities in, the upkeepand inairocriance schedules with all vendors and contractors. * Negotiated reduced rates with triaintenance coinpanies, saving 10',N� annually * Screened applicants, coridticted background checks, dralled lease documents and collected rent checks 0, Coordiruitcd d, tender for tie", maintenance suppliers, successfully, saving the bUSiness 75% of the budget i I PTI -V NIAWA.JA(1X0W1AK l"ACK41.1 — Oak Forest, IL Jan 2016 to Jul 2017 Rqriotud,'Yales Director- S,old autornared solutions to retail and long -terns care pharmacies fiv slailup verAure. Cover seven states, in Midwest Region, Develop strategic relationships vvilli pharinaccutical whoesalers, automation providers and software vendors to build pipeline. * Ck)scd firms' first pliarniacy deal in Indiana, converting client llroni rnanual process 1.0 OL11'automated solutiom: client realized cost savings of$30,000 * Generated 191 leads and 10 new opportUllitieS, in I'lorida,'I"exas and Illinois * (,`,onsult with pliarmacies aboUl tfic R01 ofliatient-specific compliance packaging CINTAS (Fornierly Zee Medioil) — Chicago South, It., Jan 2015 to Dee 2016 Sqjtv andT'irs1Ait,1,Sa1es Consultant— Rcspovisible for the sale of in': aid supplies, training prog)ams, ernergency first - responder products andi personal protection equiptitent. Developed solution -based sales relationships by identifying potential probleirt areas in workplace safety. • Altained (.wer 130% ofquota in first quarter of 2015 • Ranked in the top 5% ofsales organization based on year-to-date sales revenue • Added 25 new accounts in municipal, industrial, retail and transportation segments AVIS BUD(YET CAR RE'NTAI-, GR(')tJP— Western Suburbs, [L MaY 2012 to Dee 2014 liulef)endentAgenc,j) Operalor—Maintafited as bminess plan airvied at developing rent -a -u ar business in local area. 1)eveloped and used internal relationships to ensure NO was niaJ wai tied and available. Responsibifitics included: budgethig, payroll, and ernployee numagenient. Hired, tvihvd, arrrcl motivated as tcan'r ()Henlal Associates, # l locatiori in counter sales revenue at 121% in January 2014 for Western Region Managed (lay to day operations of as $500,000 location, 10% revenue growth over, YTD 2013 Attained 1(.t10% ofmonthly counter sales incentive prograin for 200 WOLTERS KLIJWER FINANCIAL SERVICES, — Headquar(cred in St. Cloud, NIN Jan 2011 to Mez 2012 Y Account Executive - Sold compliance, audit and risk nianagernenj S0j'tjVrarc solutions to C01nfl1Uni1Y banks niortgage lenders and insurance organizations, Collaborated with sales, retention speciaNsts and support partners to nicetchanging custonier needs. Attained l 00IN of'S] .4 nidli011 arlt'IMII SUbscriplion inventory quota i`xceedcd annual softwatre quota by 150011 C0111dUCted groul:)software demo, closed three out offive altendees, produced $60,000 in new sales DEPAUL UNIVERSITY - Chicago, Illinois Bachelor of its in Business Managerrient EDUCATION ASSOCIATIONS NATIONAL 1:10ME WA'1`01 ASSOCIATION - NUWA I)ELRAY BENCH (TIAMBER OF COMMERCE --AC" 'BASSA ORS COMMITTEE 1267 11,111111111311nm 1111mmilIT1111 IF IF MM32E= Thaiink you for your interest in Serving on one of the City's Advisory Boards and for taking the t�ime to, fill out this aippl�ication. If inistructilons allre not followed or the application is not filled out in its entirety, the application will be returned for clanfication. EMAIL DISCLAIMER, Pleaise be advised that under Florida law, e-mail adpublic records. If you I do not want your e-mail address released in reisponse to a pubiic-records re�quest, do not send electronic mail. instead', contact the City Clerk's office by phone or in writing - Mailing address: P.O. Box 310, Boynton Beach, FIL 33435-0310 Phone: (561) 742-6060 I FAX:: (561) 742-6098 Name s Telephone # MR IN < 4� Date of Birth:� Emafl: I J Current occupation or prior occupation: LIVC-1 A4 U / �Ir Education N� 44AZ I �A Are you a registered voter? V/` Yes No Do you reside within the Boynton Beach City limits? jzYes No 111 Do you own/manage a business within the City limits:� Yes No If yes, name of business Have you ever been convicted of a crime? IV' Yes No If yes, when Where Areyou currently servings on a City board? V Yes No Have you served on a City board in the past? Yes No 2, S.r\CC\W'P\BOARDS\Applicatdoiiis\Advsory Board Application 2023,doc OHE .7x 1268 If so, which board(s) and when? Please indicate which advisory board you are seeking appointment. For board listing, requiremenff,- responsibilitles, and meeting times and dates, see attached. Arts Commiission Building Board of Adjustment & Appeals v"Community Redevelopment Agency Advisory Boa!li Education and Youth: Advisory Board EmployeesPension Board f9refiq*t5� Pension Trust Fund .. . . ........ ..... .. . . . Historic Resources Preservation Board Library Board Planning & Development Board Police Officers' Retirement Trust Fund' Recreation & Parks Board If appointed are you willing to serve as Chair or Vice Chair? S No y� 04, CX4 i' What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. I MT-311M.w r w w -am Signature: D�ate:A, / ......... . - "I S:\CC\WPNBOARDS\Applica'dons' Adv�sory Board Applicabon 2023,doc M 1269 Stan"Mone, Tamill From: City Gei,k Sent: Wednesday, April! 19, 2023 433 PM To: Stainzione, Tarnniy„ De Jesus, Mayleel Subject. FW: Advisory Board Appointnrient application Attachiments: Ali Lol-,)resto . Resunie-2021(focx From-, aml9889 <tiiorepty@)1123for-ryibtjilder.com> Sent: Wednesday, April 19, 2023 4:29 PM To: City Clerk < ityCle r k @ bbfl. us> Subject, Advisory Bolard Appolintinent application Today's date04/19/2023, Name Alexandria I_ rests Phiolne number 561-704-1718 Address 578 SW 25th Ave Boyntoln, Beach Florida 33435 United States Email aW9889 uain(iSICL) Tio Current occupation or, if retired, prior Medical Sales Representative occupation Education Florida International University Are you a registered Yes voter'? Do you reside within the Boynilton Beach Ye, s city limits? Do you own/manage ail business within City No limiits? Are you currently serving on a City No board? Haveyou served on a No City board in the paist7 i If.1yes", which, b0ard(s), and whein? 1270 IN ffl�� if "yes", when and where? Advisory Board Cornrnunity Redeveloprrient Agency Advisory Board If appointed by the City Commiis'sion to serve as Board Chair Yes or Vice Chair are you willing to serve! in this capaicity? Personal I am a resident of Boynton Beach arid currently live in, Chapel Hilli. I am very interested in getting Qualifications involved in the city, l am extremely professional, passionate about this city and would love to be involved with this committee because 11 am fascinated by how it has changed over, the years. l ani, born and raised in Boynton Beach and probably will never leave this gorgeous area except for vacation. I also volunteer with the George Snow Scholarship Fund in Boca Raton in my spare time to review college applicants for scholarships, Il am always looking to give back to my cominnunity and think my knowledge of the area and being a young person, in business will make me an, asset to this board. Feel free to attach upload' an LiqpL.JLLogTi L2 d�,)h�)?.fi�c-id=3c7cc3,6,4c5260846e3d6cclb82c8302Wit; qforr,ribuilder,com extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herelln, are true and accurate, I understand that, if appointed, any false staternents r -nay be cause for removal from a board. The message has been sent from 75-301,2,29-2018 (United States) at 2023-04,1915:29:03 on Safari 14,0 Entry ID3 Referrer Form Heist h psj L-� -1 L�r—t42�sp i�,!_CLIAAqy—sojY--bo—ard _qj!InL,wLLrif2u 1271 Alexandria M. Lopresto Cell phone: 561-704-1718 578 SW 25'�'Ave Boynton Beach, FL 33435 AML -2 2UN !3AII(Q),Q —W t D Education Florida International University, Miami, F1 Bachelor of Science in Hospitality M,anagertient, Minor inGlobial C"onmtini cati oils Graduated May 2013 GPA� 3.0 Work Exoerience Azurity Pharmaceuticals (Pre'viously-Arbor Pharn'raccuticals)- South 11orida March 2021) -Present Hospital Sales Repares enlativc • Sales and Marketing for five brandcd pharmaccutical products, (Giliadel, 'Trip(odur, Nyinalize, Firvanq, l`]cqsuvy) • Call points include Neurosurgeons, Neuro -oncologists, Hospitals, R U, OR, Pediatric F-ndocrinologists, Nursing Staff, f1hannacy Buyersand Clinical Nurse Educators. • Fostered relationships and perfurmed 111 -Services with Pharmacy Buyers, Neuro -K.' I U Nursing staff', Operating RoStaff a om Stand odier call points within (lie hospital s),Meni. • Leveraged relationships wi Ih key physicians and phartnacy personnel to get product, reviewed b�y P&TConimittee so that it call he added io the fficifity formulary list. • Tenriiory- South Florida- Ew Coast Vero Beach to the Keys and West Coast fi-on't Bradenton soulli to Naples I Fired at the beginuing of, the COV[D- 19 Pandemic navigated virtual selling envirolinlent utiliziiig NIS Teanis, Outlook and (wer the plione conversations to generale and exceed sales goals. • Institutions I %,ork ch)sely vvith- Boca Regional, Delray Medical Center, JFK Medical Center, Sarasota Meirwrial, Giulf C'oast Medical Center, Cape Coral, St. Mary's, Broward General, Memorial Regional—Tackson J-leahh ;way stenn, University of'Miami Neuroscience Institute, Grew total territory allnual sales 15rc)m $1 .5 million in March 2020 to over $5,8 millioll prusent 2022. President's Oub 2020- Winner ranked 21"1 fil the nation President's C'ircle of Excellence 22021- Winner ranked I "°' in the nation Arbor StarAward 2020 Top 'Friptodur Sales A ward 2020 & 2021 fflo'�Delivery Sciences- West Pahn Beach, t'lorida March 2019- March 2022O Ten-itory Manager • Sales and Marketing for two branded pharmacculicall products (Belbuca & Symproic) • Ca 11 points in Pain Managenient, Internal Medicine and Neurology. • Created strong reationships with Pain imanagernell Practices in illy territory to grow the baseline ofBelbuca fifins. 4P FIducated lillysicialis and stal"fon clinical benefits ol,' bloth Nanded products as well as assisted with managed care pull through and, prior authorizations. • My first full quarter with BDSl 14 2 2019) 1 exceeded voh.ime fol-TRx in, any previous quarter in the Itistory of the lerhtory. • Managed a territory wilb the geography of Boca Raton to Vero Beach, 1272 Pernix 'rherapeutics —West I'ahn Beach, F lorida Ociober 2014. -February 2019 Phartitaccutical S,pecialty Sales Representative • Sales and Marketing of four Branded PhannaceUtical Drugs (Zohydro F'R, Silenor, "Freximet, lc hedez1a) to Physicians in, tile following specially fields: Internal Medicine, Psychiatry, Primary ("are & Neurologists, • Analyzed call and sales, reports to establish morc of and effective strategy • Persuasive conimunication and interpersonal skills, adept with developing strong and successful relationships'with clients • Able to communicate sciernific data clearly and concisely to all audiences, including MAs, nurses, nurse practitioners and physicians • I leld as l0-+- call per day schedule with pharmacy visits • Fxceeded quarterly sales goals air(] demonstrated product growth widrin my terriiory • Four quarters, in as row exceeded goal of I OW,() to plan on all three products • Since joining Pernix have Ireld 30"' in the company or better on national sales rankings based off as sales force of2()O reps • FN" 20117- Ranked Q2 out 78 reps, in the company FY 2016- Ranked 06 out ol'34 reps in the company FY 2015- Rariked 0-29 out 200 reps in the coinpany C orlsistently grew sales through acccaunt management for four products in the speciahics of Internal Medicine, Pain Management, Primary ('are & Neurology, • Managed as lcn,ilory 1'rom North Fort Lauderdale to "I"itusville, F loricla. • Nicniber ofthe Pernix Advisory COUITCH, a board coarprised cif 12 employees selected 1wy the CFO [c) represent dift'ererit areas ol'the company at quarterly meetings. Pronova 'orporation Bro\vard & Pahn Beach County, Florida July 201 y-Ocu) tier 2014 Manag'er. Sales and N4arkefing offour Branded Phannaceutical Drugs (Ilemax, Obtrex, (..)btrex DYIA, Digex NF) to Physicians in the l'ollowing Specialty fields! OB/GYN, I-lenIatology/Oncology, (Jastroenrcrology & Nephrology Almlyzed call and sales reports to establisb MOTV CfliCielll and efl&five strategy Persuasive conri,nunicafion and interpersonal skills, adept with developing stroilg and smccessful relationships %vith clients Able to comatturicate scietliffic dala clearly and concisely to all audiences, including MAs, 11LU-SeS, nurse practitionerx and physicians FY 2013 -Ranked 02 out of'25 Reps in the c�,mmpany FY 2014 -Ranked #2 out of'25 Reps in the company Held a 10', call per day schedule with pliarmacy visits Exceeded quanerly and yearly sales goalsand denionstraled product growth wilhin my terntory grew sales in four Products in the specialties oT(I')B/GYN, FlematologyX)ncology, ("jasiroenterology, and Nephrology Held and mainwined the second largest territory within Pronova t...'orporalilon Community Se,rvice & L,ars idershjp Roles Pr eOdenl Delray Beach'Youth Council, 2006-20108 ,aoccer Btah'llyl Captait), Boca Raton Top Soccer Association, 2006- Present Teain Captain, Atlantic ("ollim tinnily I'ligh School "lomen's Goll"Temn, 2004-2008 1273 Stanzione. Tammy . ...... From: City Clerk Sent, W I ednesday, February 01, 2023 12:12 PM, To: De Jesurs, Maylee, Stanzione, Tarnmy Subject: FVV': Advisory Board Appointment application Attachments: Noelle.docx From. nmcir)tyre82 <noT°eply@123fornibluider,COfTl> Sent: Wednesday, February 1, 2023 11:15 AM To: City Clerk <CityClerk@bbfI,us> Subject: Advisory Board Appointment application Today's date 02/01/2023 Name, Noelle McIntyre Phone number 561-703-3759 Address 910 SW 27th Avenue Boynton Beach Florida 33435 United States Email, !I RIc Yr�u y Current occupation or, if retired, prior Self Employed occupation Education Some college Are you a registered Yes voter? Do you reside within the Boyntoin Beach Yes city limits? Do you own/manage a bulsiness, within CityNo Urnits? If "'yes"', name of business: Are you cu!rrently serving on a City No boaird? Have youser ved on a ,City board in the No past? If "Yes", which board(s) and wheni? I 1274 1275 Have you ever been No wiff"U "I I if "yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board if aippointed by t�he City Commission to serve as Board Chair Y or Vice Chair are you willing to serve in this capacity? Personal, see attachment Qualifications Professional Memberships Feel free to attach/upload an h t tpsA, _5259a1152 form,12 3formbuilder,coML extra sheet or — resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate, 1, understand that, if appointed, any false statements, may be cause for reniioval from a board, The message has been, sent from 73,57,19.1.90 (United States,) at 2023-02-011,114:42 on Chrome 109.0 0,0 Entry IID: 587 Referrer: ht p -,/L 'a t -019LI: IUItLRMI nt lication Form HoW L I 1276 1277 AMMAR wo V 1278 1279 From: City Clerk Sent: Monday, April 24, 20,23 -7:44 AM To: Stanzione, Tarnmy Subject: FW Advis,ory Board AppoirmMent application From. hirurzun <noreply@123fora bluider.com> Sent: Saturday, April 22, 2023 3,:58 PM To: City Nark <CityClerk@bbflAJS> Subject: Advisory, Board, Appointment application Today's date 04/22/2023 Name Heather Posta Phone number 561-6,35-0114 Address 2555 SW 14 th Stree Boynton Beach Florida Florida 42 Reserved Email Liirurzun@ Current occupation or,, if Delray Beach Ocean ReSCLJe Lieutenant retired, prior occupation Education Hi school diplorna Are you a registered voteir? Yes Do you reside within the Yes Boynton Beach City 11mits? within City limits? if 11yes", na,mie of business - Are you currently serving on a No City boarid? Haive you serived on a City No board in the paist? IL;��sWclti board(s) and when? Have you ever been convicted No of a crime? if "Yes", when, and where? Advisory Board Community Redevelopment Agency Advisory Board 1280 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications As an Ocean Rescue Lieutenant for City of Delray Beach over the past 28 years, I have had a great deal of experience in representing the Ocean Rescue/ Fire Rescue Division in many different facets. I have received several different proclamations from our cities mayor on behalf of our Lifeguard Competition Tearn, spoken on behalf of several employees receiving their service awards in front of all of our department heads, and presented at several of our local schools for our Ocean Awareness Program. I have participated in ongoing, community Outreach by teaching CPR classes to Our city employees , as well as being the lead instructor of our Junior Lifeguard Prograrn, Professional Memberships I have been a nnernber in good standing of the United States life-saving Association as well as The international Association of firefighters, for the past 28 years. . W i 11 li z-xt�ra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for reirnoval from a board. The message has, been sent frorn 174,228.1,64,52 (Reserved) at 2023-04-22 '14,,58:16 on lPhone 15.6 Entry M 625 -opplication Form Host: h s: J11- Y-!?,�NL4- U cal -e L 1281 From: lesharOUndtireell <nor y.&Jt22, f o tjr CO , n > �aL)ujlder,, I Sent: Wednesday, March 291, 2023 2:47 PM To: City Clerk <01y Lejj,@—bkj-ft.Lj–s> Subject: Advisory Board Appointment application Today's date 03/29/2023 Name Lesiva Rouncitree phone number Address 805 N.E 2nd Ct, Boynton Beach FL 334,35 Netherlands Email m,�T-t Current occupation or, if retired, prior occupation Education Master Degree Are you a registered Yes voter? Do, you reside within the Boynton Beach, City yes limits? Do you own/manage a business within City limits? if "yes", name of buisines,s- LCAE AR nterprises Are you currently serving Yes on a, City board? Have you served on a Yes City board in the past? i If "yes", which boair�dl(s) Parks and Recreation and when? Education Advisory CornmUnity Relations Library Advisory Have you ever been N10 convicted of a crime. If "yes", when and where? Advisory Board please select... If appointed by the City Commission, to serve as Yes Board Chair or Vice Chair I 1282 are, you willing to serve in this capacity? Personal Qualifications Professional Mie�mb�erships Feel free to attach/uPloadi an extra sheet or resume. Certification 1, the aipplicant, hereby certify that the statements and, answers provided herein are true and accurate, I understand that, if appointed, any false staternents may be cause for removal frorn aboard. The message has been senit frot'n 127.0,01 (Netherlands) at 2023-03-291 BA7:29 on Chrorne 110.0, .0 Entry IID612 Referrer: h ' ti ' IITI I Form HosV h t i� ff A iio( p2din e t" L�L)!Lcatjon 1283 Stanizione, Tamp] Y Fronn: Lesha ROUncitree <esliarouridt�i,e,ell@gTnaill.coi-n> Sent- I"u,esday, April 04, 2023 11: O AM To: Stanz�ione, Tammy Subject: Re: FVV: Advisory Board Appointment appfication Hello - I apWWd Rw two boardL I air very interested in the CRA Advisory Board. On Tue, Apr 4, 2023 at 8.21 AM Stanzione, Tarniny <StanziorIeIR[LbfUs> wrote: Thank YOU, M have reodved your AdviWory Board Appohm,nent alipfication. Y'OLU appIkation mill Cre subalned to tk CRy CornmKon for consideratIon of appointment at the April :18, 2023 Cornrnission iirieeitng, e� 7 '[a'urmry Sr'anzror�e' Cr"'IC Deputy Cly CO'k, CRY Uerk's' Olk("' hAaHing Address: HI Box 310 � B,,.ov,nton BeaO,, Fk'-aida 33425 P[rvskal Address; 100 E. Ocean Ave. I Boynton Reach Fladda 33435 k. SE',0742 6062 fia StanQneT(qi,Db[iR us I PInse be advNed tho HOW has as bmad puNic recork, R,,i,�vvcmd all wqxWexe to rrr(-Ai aenrfll rnay he SUbjr,,,,(I U), Nor% records law, emaH addresws me puWk awords. Thoekm, your e maH corrununkWon and your einaH addrox may be suboct to pubUc dhNsum, From- City, Clerk <gity�g1kL@ bbtl, up Sent: Wednesday, March 2% 2123 392 PM To: Stan zione, Tarnmy De Jesus, Mayl:ee <Debf I-Le-sL)L ..-I. —us > Subject: FW: Ad,visolry Board Appointment application 1284 From: City Clerk Sent: Wednesday, March 08, 2023 3:41 PM To: Stanzione, Tarnmy Subject: FW': Advisory Board Appointment application From: calixtefranoels e <noreply@123fo�,tnbLilder.comi> Sent: Wednesday, March 08, 20239:15 AM To: City Clerk <CityC1erk@bbfl.us> Subject: Advisory Board Apip ontinent application Today's date 031/08/2023 Name Fraincoise Calixte-Dieuvfl Phone number Address Email calixtefraincoisecwznlLgil�Com Current occupation or, if Esol Coordinator retired, prior oiccuipation Education Ks Are you a registered voter? Yes Doi you reside within the Yes Boynton Beach City li�mit�s? Do you own/manaige a, businesis NO within City limits? if ""yes", name of business: Are you cu rre ntly seirvi nig on a Y'eis City board? Have you served on a City yes board in the piast? If "yes", which board(s) and when? Education & YouA th dvisory Board for the past four-plus years, Have you ever been convicted No of a crime? If "yes", when and where". Advisory Board Education and Youth Advs,ory Bio and 1285 If appointed by the City Personal Qualifications Palmer Beach Atiandc University Master's in organizational leadership Palm Beach State College Bachelor's in management & Supervision Associated of Art in Health Sciences Graduated with an honor PaIrn Beach Maritirne Academy Secondary sol Coordinator) 2022 — Present City of Delray Beach (Finance UTB), 2019 -2022 Perform general administrative management duties Collect services fee Create a spreadsheet for the collection fee Promote poisitive ei'Tipioyee relations and employee morale daiily. South County Drug Abuse Foundation Inc. 20,16- 2019 Health Behavior Educator/Counseling/HN advocate Keep appointment calendars, and schedule Professional Memberships F&R Immigration and Notary services 2007-2016 Provide administrative and StaffAssistant to the whole staff. Help with translation File paperwork Monitor daily Payroll sheet Church volunteer 2005 -Present Counsel and coach people with different needs Teach Sunday schoo I for all age g,ro u ps Assist with planning youth activities A971TOM. I extra sheet or resumei. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for rernoval frorni a board. The niessage has been sent frorn, 5x0.23 a'.1 8.186 (United! States) at 2023,03-018 09.14161 ()nj ClIq'rorne 110,0,0,0 Entry 110; 61015 Referrer11tps JjWww,boynton-beach.p�rgj Form Host; h tforn 1,123fornibuilde co Lg, as EY:k�EA-4PPR LU t, ffigIll- j1p 1286 Stainizionle, Tammy From: it Clerk Sent: 'Tuesday, February 21, 2023 8:23 AM To: Stanzione, I'arnmy; Die Jesus, Maylee Subject: FW: Advisory Board Appointment applliicaition Attachments: Nkola s.-Giacalone-LoR.picif From: nicolasgiacaloo e <noreplly@123fori,nbuilldet,com> Sent: Saturday, February 18, 2023 1:28 PM To: City Clerk <CityCierk@bbfLUl5> Subject: Advisory Board Appointment appfication Today's date 02/18/2023 �Namie Nicoiias Giacalone Phone number 561-699-3466i Address 4170 Key Unie Blvd Boynton Beach FL 33436 United States Email mica las. giacalon Current occupation or, if retired, Iprior Marco, Rubio for Senate occuption Education College Student Are you a regi�stered voter? Yes Do you resiIUII de within the Boynton Beach Yes city, limits? Do you oiwni/manaige if "yes", name of business. Are you currently cerving on ai City No board? naive you servied on a City board in the No past? If "yes", which board(s) and when? 1287 If "yes", when and where? Advisory Board Education and youth Advisory Board If appointed by the City Cornmission to serve as Board Chair Yes or Vice Chair are you willing to, serve in this capacity? Personal I am 19 years old and started my career in public service in middle school at Franklin Acaderny in Qualifications Boynton Beach, Florida, I served as a student council representative and won mern ber of the year, II went on to serve as President of the Jr. Class of 2022 and Chairman of FUndraising for the Student Government Association at Sornerset Academy Canyons High School in Boynton Beach, Florida, In 12th gracile, l was, elected to served as the President of Student Gov erni"nent Association, ^which I governed the middle -high school, II now am attending Lynn University, 11 know, the education system well, as I hived in it and have been around for it practically my whole life. Professional A committeeman at the Republican Executive Committee of Palm Beach County. Memberships Intern, and IPalrn Beach County Administrative Liaison for Marco Rubio's 2022Re-election Carnpaign, Feel free to attach/upload an d=29�6�lcad 6�8c6bb,Olt��J.0134f7'7085e736352 extra sheet or resume. Certification 1, the applicant, hereby certify that the stat ernents and answers provided herein are true and accurate,. I understand that, if appointed, any false staternents may be cause for removal froiru a, board, The nnessape has been sent from 9,9,210,19:8,,214 (Ur'Oted States), at 20,23- 18 13 27A2 on Whone 16,2 Entry 11D: 592' Refenvrhnl;!iILWvvA,,LcMEitgn,-beacL]..o_rgZ Form Host: h tL 5 14 ad jg:L�zLrL@p ohlLaltal- _g )Ljfirgtjj[on _p_ _ _ 1288 December V, 2022 I am pleased to have the opportunity to write a letter of recommendation on behalf of Wicol;;w Nicolas' declicvtion to kis acadernics and leaders'tivil will make him an M=jjjjMMMjjj= 11 E Nicolas has been alct�ively engaged in piolitics, interning with, my South Florida campaign tea As a Campaign Intern, Nicolas, hais taiken an act�ive role in engaging with Florida voters, whiile di�scus,sing issues that matter most to them. Nicolas has also demonstrated his commitment to his coimmuniity by having completed oiver 4,00 hopast four years. I I am proud that Nicolas' experience working with my campaign has inspiired him to further his leadership, and I have no doubt he will thrive alt his next opportunity, Nicolas' passion for academics, as well as his understanding of politics, ensures he will be a great aisset to you. Thank you for your th-ne ainid consideration in this matter. To discuss Nicolas' recommendation further please contact my Political Director, Matt Grucla, ait 305-613-6651. MOM Marco, Rubio United States Senator 1289 Stanzione, Tammy I from: City Clerk Sent: Monday, March 20, 2023 2:07 P,M To: Stanzione, Tammy; De Jesus, Ma lee Subject: FW Advisory Board Appointment application Attachiments: Resume Te�resa M-3-23,clocx From: Damcclendon, <i,io�repill y@1foi,milbit,iilder.coni> Sent- Monday, March 201, 20,23 12J3 PM To: City perk <GtyCler k@bbfl.us> Subject: Advisory Board Appointment application Today's date 08/16/1963 Name Dr Teresa Kase y -Mc Clend oin Phone number 561-577-9272 Address 7228 Chesapeake Circie Boynton Beach Florida 33436 United States Emaill DrtmiccliendoLift, fl.corn Current occupation or, if'Executive Director Early Childhood Education reti�red�, pricer occupation Doctrine of Divinity yes Do you reside within the Boynton Beach City Yes limits? -mo you own/manage a 'i�uslness within City Y" ]limits?, If "yes", name of Little Cubz Learning enter buisiness� Are you currently No serving on a City board? Have you served on a No City board in the past? If "yes"', which board(s) and when? Have you ever been No, convicted of a crime? 1290 If "Yes", when; and where? Advisory oard Education and Youth Advisory Board If appointed by the City Commission to serve as Bioa rd Cha I r or Vice No Personal Qualifications Asa Pastor and cornmUnity leader Ministering to, low-incorne fat'nilies On a consistent bas'i's. As an Experienced Childcare Provider Serving area farnihes and seeing the needs of the people firsthand, and hearing their COrnplaints and hearing their struggles. During the Pandemic serving our community by opening a food pantry, giving away clothing. Shoes and assisting, with: ministry finances. Professional Way of Life Family Worship Center Memberships Children Services Council StrongMinds Prevention Central of South Florida American Heeart Association National Chaplain Association Florida Association of Childcare Management NAACP �Feel free to attach/upload an, extra htjpsj f�oral-n.123forriiibLi�dc%rcos' )IL!lp (Ldid i Li-Mleid=58bl,findW.396f5ff7afe8c6da, cfed78 sheet or resume. Ce�irtification 1, the applicant, hereby certify that the statements andl answers provided herein pare true and accurate. I understaind that, if appointed,, any false statements may be cause for removal from a board. The niessage has been sent fron,,j 166,2'05.159.62 (United States), at 20,23 03-20 11:12:51 on Whone 163 Entry ID,. 609 Referrer LittpZtwbqy oq,,jlg_a� Lk&g ,ILL g/ Forni Host; tit orrn.123formbudder.,con jajZ141 Jj �E )i),E I -a r t .9 n rnc� t 1291 OMM11wrom 1079MVIONSTMEIZOI 7228 Chesapeake Circle - Boynton Beach, FL 33436 Cell (561) 577-9272 Email - Liv2livagin@Paola ,com Patrick, Henry High - Ranoke, VA 06/1981 National Bus. College Salem, VA 10/ 1983 Fashion Merchandizing Palm beach State College Lake Worth,, FI -8/2015 Director; Degree Faith Christian University School 5/20109 Doctorate Leadership Tabernacle Bible College & Sieminary Doctorate Divinity *Work Experience: Way of Life Ministry B I 'oynton Beach, Fl. 2020 Executive Administratoir/Pas�tor Instructor - Mentor: Manage Administrative Sitaff, Correspondence, Typing, Dat E�ntry, Reicorld- keeping, Filing, Meeting Scheduling. Mana- &Train Volunteers Alternative Unlimited Plantation, FI 01/210iO6-05/2008 1292 Administrative Assistant Office, Administration, Registration, Data Entry, Scheduling, Appointment Setting, Filing, Reporting, Teacher Assistant Manage & Train New Hires Portsmouth Redevelopment & Housing Authority - Administrative Assistant: Chesapleiake, VA - 07/1999- Oil/2OiO2. Typing, Filing, Meeting Scheduling, Office Management, Data Ent�ry, Report Updates & Filing, Electronic Billing, Customer Service, Traffic Calls, Accounts Payable, Sort &, Distribute Mail, Accounts Payable & Receivable. R & R Transportation,, Inc. Oi2/2000 - 01.5/2001, Suff6lk, VA Marketing/Advertisileiment & Custom,er Service Marketing & Advertisement, Transporter, Appointment Setting�, Quote Preparation, Data Entry, Customer Service, Data E�ntry, Matrix Updating, Manage & e-ui [Harrison Museum of African. Culture 0 Itirector Assistant American 08/1.997'- 01/2000 Roanoke) Vj-X,. #ffice Management, Payroll, Accounts P�ayabile & Receivable, lWata Entry, Manage &Train Volunteers Trigon BC/BS - 11/1.987'-07/1997 Roanoke, VA Customer Service Claims S�plecialist/Prolvider Service, Retention, Benefits Analysis,, 1293 Claims Entry & Processor, Coding, Billing, Medical Claims Assistant , Roanoke Virginia 05/1983 - Assistant Dietary Director /Dining Rooim Assistant Assistant to Dietar , y Director, Manage Administrative Staff, Correispiondencei, Typing Record -keeping, Filing, Meeting, Scheduling, Data Entry, Menu Preparation, Manage Evenin I` Staff Waitress, Assist Coiolks Skills: Administration Operator/Reco ptio�nis�t Office Management Dis�patch, Data Entry Volunteer Coordinator Mentoiring, /Business Machines Certified Effective Supervision Licensed Parenting Instructor Licensed Minister/ Noutic Counseling Medical Billing/'Claims Filing Insurance Benefits/P,r,ovider & Broker Service Nursing Home Dietary Food Preparation/ Training Medical Term inoloigy Microfilm & Microfiche "Tele mrktin ,Fundra i sing 1294 Pam Canon -Lead Secretary Portsmouth Redevelopment & Housing Authority 80�O High Street Poirtsimouth, VA 237015 (757) 39i9-5261 Felicia Walker Regional Director 28001 Oakland Blvd Fo�rt Lauderdale 33311,4 (1754) 32:1-7050 Tierra Kasey - CEO Prevention Central Fort Lauderdale, Fl 33336 (954) 599-2267 94EM., I=MNwM Michael J.r. McClendon - Pas�tor Ramsey Coins�ultant�s A1TV.7T Gwixtwticatiovs V17 0 W, WI M To, 105 = Tammy Autrey Marriott Richmond, V 5611225-3527 1 1295 Stanzione, TaIMIMIX . . . ............ From: City Clerk Sent: Wednesday, March 01, 2023 12:25 PM To: Stanzione, Tammy,- De Jesus, Mayllee Subject: FW: Advisory Board Appointment application Sent: Wednesday, March 1, 2023 12.018 PM To: City Clerk <CityClerk@bbfl.us> Subject- Advisory Board Appointment application Today's date 03/01/2023 Name Vall,erie Valcourt Phone nuim,ber 561-293-6591 Address 410 IN W 16th Ave Boynton Beach Florida 33435 Netherlands Fm iaill vafeerie.vall qjLiL bjLdlLi2!,±),ach.$)n!j2qLAcam, Current occupation or, Jif retired, prior occupation Educator Education Doctorate in Educational Leadership Are you a registered voter? Yes Do you reside within I i the Yes Boynton Beach City limits? Do you own/manage a business iW ,within City limits? if ""yes"', name of business: Areyou currently serving on a: Yes, City board? Have you served on a City Yes board in the past? If "yes", which boiard(s) and I am currently the chairperson for the Education & Youth Advisory Boar* when? Have you ever been convicted No of a, crime? if "yes", when and where? Advisory Board Education and Youth Advisory Board r. 1296 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacIty? Personal Qualifications I have been, on the Education & Youth Advisory Board since 2020. 1 have served as, the chairperson the last 2 years. I am also an Assistant Principal for the' cho l District of Palm Beach County. I have graduate degrees in Educational Leadership, Professional Memberships Feel free to attach/upload an extra sheet or resume., Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 127.01.01.1 (Netherlands) at 20,23-03-01 12:08J6 on Chromie 108.0.0.0 Entry ID: 5,98, Referrer: !"i t qg�jj'VLWfflW�tg) MLQn .LN'Ai-11, Lai Form Host', ht s,,) j.Lq!n_ I�Jf2Lr -12__ _ru 1297 From: City Clerk SentFriday, March 31, 2023 428 PM 'To: Stanzione, Tarnrny; De JeSILIS, Ma to Subject: W Advisory Board Appointi[nent application Attachments, Brad -Jackson -12022 'Resiuime,docx From: bjackson <�nioreply@,1,23fortnbluildeir.co�"n> Sunt® Friday, March 31, 2023 3:30 PM To. pity Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointrrient application Today's date 03/3,1/2023 Name Bradley Jackson, Phone number 561-2' -5791 Address 815 W. Boynton Beach, Blvd., Apt 15-103 Boynton, Beach FL 33426, United States Emaill bac kson Ccqer Current occupation or, if retired, prior Marketing Director for Engineering & SUrveying Firrn occupation Education Bachelors Degree froini FSU in Business/Hospitafity Management Aire you a registered Yes voter? Do you resiide withiin the Boynton Beach Y'e s City limits? Do you oiwn/manailge If "yes", name of business: Are you currently serving on, a City No board''17 Have youi served on a No City, board in the past? If "Yes", which board(s) and when? 1298 Have you ever been Yes convictO of a, cri-tte? If "'Yes", when and 2014, Driving Under Influence where? If appointed by the City Commission to serve as Board Chair Yes or Vice Chair are you wi Ming to serve in this capacity? Personal I work in the,, architeCtUre, engineering, and construction industry and hawse knowledge and Qualifications appreciation for our historic buildings and resources in the City and the important of preserving there from being erased through overdevelopiment or redevelopment. I have previous, experience volunteering at the South Florida Fair in their yesteryear village (YYV) park to help spread information and awareness about the historic structures being preserved there so that people of all ages can learn, about history in Palm Beach County, I serve on the Young Professionals, SponsorsWp, and Hospitality Committees at the Fair which help prornote YYV throughout the Community, Professional Society of Marketing Professional Services, (SNIPS) South Florida Chapter Memberships AEC Trendsetter's of: Florida Leadership Painij Beach County Rusty Gordon LQ+ Democratic Caucus, Urban Land Institute (MLI) Southeast Florida Chapter Florida Engineering Society American Society of Civil Engineers Feel free to attach/uploa,di an c1a6eb7aedb9527bcO17f2f extra sheet or Mutt ms: forrru.;�forrmmi�au�IMpr comm fug load did, Ir resurne,, Certification, 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any, false state me rits may be cause for removal from a board. The niessage has bleen sent from, 501.244.140,133 (United States) at 2023-01,31, 1.4:30:20 on Chrome 111,0,0,0 Entry ID,., 614 Referrec htfjps w%Lw boyn Form Host-, u or sJL httjj m.123forrnLi r.&Loj-DJj�. �UAL�Ld oi�oty-bg�a rd -a ppoi Lit m eqjjjj?2icat"qn, _ _ _jdc 1_ _ 1299 Bradley Jackson # I-5 W- [,o--y-n-t"o—riA-pil. 151()3, Boyraon 13eadl, FL 33426 1 (561) 252-579 1 1 To be considered for a seat on the Boynton Beach Historic Resources Preservation oar to serve the residents as, a member of the coninnunity committed to preserving the rich history of the buildings and architecture in the City. Skills Excellent Communicator and Coordinator • Highly adept at marketing research and organization of company functions • Convey leadership qualities in managing organizations and business responsibilities • Pai-ticipating in community activism and engagirigi with local leader's to, enhance the environt-neat and well- being for our neighbors Edu atron BS Business/Hospitality Managerrient � May 2013 � Florida Mate University (Leadership Boot Carnp, College of Business � October- 201,81 Florida AtIa ntic University 4W Current.job E2=6enice Dir. of Marketfi,ig & Business Development I Engenuity GWUP, lnc, I March 2oi.3- Present 0 Manage and at times pregame all RFQJRFP responses, for public sector, work * Manage, prepare, and post content for company website,social rnedia 0 Manage and prepare conterit for company newsletter through Coristant Contacts 0 Prepaire and review reSUmes and project experience cut sheets for marketing 0 Coordiriate and manage teaming opportunities for private and Public sector, projects 0 Attend networking events to socialize wei various groups of people to learn and develop new business connections for the company 0 Research and develop ri-iiarketing, strategies, firma -wide 0 Manage admilinistrative staff to ensure quality control of day to day tasks VOIL nteg u-!qj i e in ic, e, 0 Society of Marketing Professional Services (SMPS) South Floriida Chapter: Past President 2020-2,022, President 2019-2020, President Elect 2018-20ag, Programs ilair 2017-2018 0 AEC T"rrendsetter's of Florida� Viice President 2020-2022, Board Mernber 2017-2020 0 Leadership Palm Beach County Class of 20: 2,2. Current Alurnini serviing on HohdayBe.akfast, Focus, & Forward Committees 0 Rusty Gordon L.GBT0+ Democratic Caucus: Secretary & Endorsements Chair 2021,. -Current: # South Florida Fair & Exposiitions- 'Beyond the Falr'Young Professionals Class Of 20'21, Serving on Sponsorships, Youngi Leaders, & Hospitality CommitteeS, 2023- Current 0 Compass: Stonewall Ball Host Cornmittee Menibel" 2022- Current 0 Sunfest. dates Comirnittee Member 2022 -Current Urban, Land Institute (UU) Southeast Florida Chapter_ Palm Beach County Young Le�aders Steering Comr-nittee Member' 2018 -Current Florida Engineering Sobiety:"volunteer yearly for MATHCOUNTS & Engineer It! COMpetitionswhich, engage elementary & mididdile schroolers with rriath and science American Society of Civil Engineers: VOilUnteer yearly for Bowl -a - Thor) Scholarship event Volunteered on i different local Ipoliitical carripaiigns 1300 1301 11,111111111311nm 1111mmilIT1111 IF IF MM32E= Thaiink you for your interest in Serving on one of the City's Advisory Boards and for taking the t�ime to, fill out this aippl�ication. If inistructilons allre not followed or the application is not filled out in its entirety, the application will be returned for clanfication. EMAIL DISCLAIMER, Pleaise be advised that under Florida law, e-mail adpublic records. If you I do not want your e-mail address released in reisponse to a pubiic-records re�quest, do not send electronic mail. instead', contact the City Clerk's office by phone or in writing - Mailing address: P.O. Box 310, Boynton Beach, FIL 33435-0310 Phone: (561) 742-6060 I FAX:: (561) 742-6098 Name s Telephone # MR IN < 4� Date of Birth:� Emafl: I J Current occupation or prior occupation: LIVC-1 A4 U / �Ir Education N� 44AZ I �A Are you a registered voter? V/` Yes No Do you reside within the Boynton Beach City limits? jzYes No 111 Do you own/manage a business within the City limits:� Yes No If yes, name of business Have you ever been convicted of a crime? IV' Yes No If yes, when Where Areyou currently servings on a City board? V Yes No Have you served on a City board in the past? Yes No 2, S.r\CC\W'P\BOARDS\Applicatdoiiis\Advsory Board Application 2023,doc OHE .7x 1302 If so, which board(s) and when? Please indicate which advisory board you are seeking appointment. For board listing, requiremenff,- responsibilitles, and meeting times and dates, see attached. Arts Commiission Building Board of Adjustment & Appeals v"Community Redevelopment Agency Advisory Boa!li Education and Youth: Advisory Board EmployeesPension Board f9refiq*t5� Pension Trust Fund .. . . ........ ..... .. . . . Historic Resources Preservation Board Library Board Planning & Development Board Police Officers' Retirement Trust Fund' Recreation & Parks Board If appointed are you willing to serve as Chair or Vice Chair? S No y� 04, CX4 i' What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. I MT-311M.w r w w -am Signature: D�ate:A, / ......... . - "I S:\CC\WPNBOARDS\Applica'dons' Adv�sory Board Applicabon 2023,doc M 1303 Starizione, Tammy Fromi- City Clerk Sent- Thursday, March 02', 2023 218 PM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From, lindsaykarten <iioreply@123fortn,builder.coni> Sent: Thursday, March 2, 2023 8:41 AM To. City Clerk <0tyClerk@bbf1,us> Subject., Advisory Board Appointment appfication Address 3386 CHURCHILL DR BOYNTON BEACH FL 33435 United States Email l"ndsavkarterii(o')Rniaill.corTi Z Do you reside within the Yes Boynton Beach City limits? Do you own/manaige a business No within City 11imits? Are, you currently serving on a No City board? Have you served on a City No board, In the past? 14 bis-o2rd( Have you ever been convicted No of a crimO, If "Yes"', when and where? ,Advisory Board Library Boa:rd If appointed by the City Yes Commission to serve as Board .1 1304 Chair or Vice Chair are you willling to serve In this capacity? Personal Qualifications, Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers proided herein are true and accurate. I understand that, if apointed, any failse statements may be cause for rernoval frorn a board. 'Th:e rnes5age has been sem from 1.7 .55,112,230 (United States) at 20123-013 02 08AOA7 ori Chrome 11 .0.01.0 Eritry ID: GOI Referre,rht�pi,-11w.ter w )yjL tgq-bg Li4,CTd Form Flost: ht( s,/ forrii.12�3foriiiibuiilclt,,rcoinLM3�q4lild i boardcrpp i �a I i 0 r, 1305 '3 Stanzione, Tammy From: Clity Clerk Sent: Wednesday, (March 08, 2023 7:43 AM To: Stanizione, Tarnrny; De JeSUS, Maylee Subjt: FW: Advisory Board Appointment application Attachments: Marcia Levine RestA,nii(�iiciit-ch-23,doc From: marcialorHevine <noreply@123forrnbuilder.corn> Sent: Tuesday, March 7, 20,23 7:40 PM To: City Clerk <CityCierk@ bbf L LIS> Suibject: Adviisory Board App6ntrnent application Today's date /07/2023 Name niarcia IeOne A 0 a * A It 14 4 Address, 6,25 casa Lorria blvd' apt 8018, Boynton Beach FL 33435 United States Email Current occupation or, if retired, prior DJ occupation Education College Graduate Are you a registered Yes voter? Do you reside within ts? Do you own/manage a business within City No 111fits? Are you currently Yes serving on a City board? H�ave you served on a Y'es City board in the piaslt? if" ns", winich board(s) I arn currently: and when Library Board Mernber terrTi expires 3/31/23 This is a request for renewall of that position Senjor Advisory Board Mernber (start Data; 2022), 1306 If"yes", when and where,? Advisory Boiard Library Board If apt by the City Commission to serve as Board Chair or Vice Yes Thank you for asking me to renew my application/Library Advisory Board Member, I WOUld be honored to be able to continue for another terni. It's difficult for rne to express my positive qualifies as I like to practice hUrnility in all aspects of rny life, but I ani, a service oriented, cornirnunity minded and involved resident of The City of Boynton each. My whole fan'-dly loves libraries and the majority, of rny farrifly mernbers, are avid reaiders , I not only love to read, but I llolve the concept of the library as an important fabric and glue of the cornmunity, I love the work that Mr. Craig Clark and the tearn are doing and 11 want to he able to help,with the endeavors going forward. Professional Wornen For Excellience Worrier's Leadership Group Memberships Wornen in Developimenit-Wornen who are the fundraising area DL Franchise Record Pool-Dj Networking G rrO U P Feel free to attach,/u!pload an extra Littps 23foi"r'vi�buildeL.C(—)ry-)AIPLO—ad-110stip?fileLct=t7da(i6cdfl3f3l)lf29,33523f43bfd334 sheet or resume. Certification, 1, the applicant, hereby certify that the staternents and answers provided herein are true and accurate. I understand that, if appointed, any fallse statements may be cause for, removal froni a board, The niessage Ihas been sera frorn 206.214,134.18 (United States) at 20123-03,017 1939:50 On: Chroflle JJ01010.0 Entry IM 604 Referrer: I, L L) qy i kq!h L - gfj RUP L be _ _4Z Forrn Host:de .11 ... Ni -1.1—L 1307 Boynton Beach, Florida (917) 693-4729 marcialorilevine@gmiaip.com SUMMARY I am a tl'IOUght-foul, and creaitive business professional, with a successful career prin'larily within the media/ marketing and sales arena. II have an established track record of cultivating strong internal/externaI partnerships. II am adept marketer and facilitator. I believe my experiences will allow rile the opportunity to, join, a tearn, and to not only personally flourish, taunt also to help Iflake a difference on the team (s) I join VIDEO CONFERENCE PRODUCER, Virtual, 2019-Presenl Set -Up and Adrn inister/Faciltate Techni,cal Support for Virtual SeIrinars/Trainings, Recovery Workshops and Professional Conferences, Manage all in rneefing operations, including instructions on how to participate via computer or pahone-in options, muting/un -I'll LJ ting features, polling, breakout roorns, screen sl")aring, and whiteboard/ with attendee participation. P,rovi:lde help with, set -Up Of Ineeting (s), registration with correct in- meeling controls/ functions, to Insure, smooth, orderly and successful conference/workshops for stake -holders,... OLD SCHOOL SQUAREICORNELL ART MUSEUM:, Delray Beac1i, Fl. 2018-20,20 Assistant Museum Operations Director Assist �irector of OperationS/CLffator' Duties include: opening and closing rnuseUrn, Wrating, operating and irraintaining Museurn Stoire, placing media buys for Art Shows at OSS/driving revenue to Old School Square. Manage, reception desk adn'0ssions/donations through Square Register operating system, Greet guests With working kirlowledge, of Old Scl,ioot Square and Cornell Art Miiuse u m_W rite all press releases. Engage and tour visitors through the exhibits. THE HEALTH CHANNEL/South Florida PBS, Miami -Da de- Pali n Beach Counfy 2017-20,18 Account Execlutive (one year contract) Relocated to Florida to join team to develop/taunch The Health Channel properties, and ,Nww,allhe4fly Jv websile, Responsibilities includeDevelopment of all marketing materials, generating leads, daily prospecting and lead generation, outreach into local cornimunity to create partner relationships, presentations virtually and in-person. Successfully worked togettier with Baptist/ Bethesda Soufll Ploidda's marketing group and with aFP S creative, marketing and ad sales divisions. VIVENTIUM SOFTWARE, New York, N.Y. 2o 1 6_201 7 Nationall Sales Account Executive (Outside and Inside Sales) N I was recruited to develop NYC territory and assist the (launch, of Viventiurn Software, Responsibillties Include: Developmerit of leacls, daily prospecting, virtual arid in person selling/closing, cold call arid lead generation for all HCM (Hurnari Capital Management /Payroll, Onboarding, HR,) products, Led the launcl'itearr in new bUSIness !sales, meeting and exceeding rnonthly arid yearly goals, $250,000 Gross Revenue A+E TELEVISION NETWORKS, New York, N. Y. 19,99 -20,15 Account Executive, New Business Developrnent Specialist, A&E, Biography, History Channel 01 Researched/venerated new bUSlness opportunifies;, prospected on a daily baisis. Identified customer needs, set Up client rneefings/presented to senior level decision makers. Closed high percentage of new lbusiness,; met and exceeded, yearly sales, goals; Grew, sales list revenue frorn $10 million to $100 rnillflon over tine course of 14 years. VOLUNTEER & COMMUNITY SERVICE ACTIVITIES Boynton Beach Art In Public Places„ Vice Chair, Boynton each Library Advisoiry Board Member, Boynton Beach Senior. Advisory Board Member, Vice-Char Overeaters Anonymous PaIrn Beach Counity Board of Directors , Reading VOILInteer Mestchester Mordessorl! School & Carlarsle Childcare Development Center; IDeveloped Therapeutic Music Program for Children oil the Autistic Spectrum; EXTRA -CURRICULAR ACTIVITRES Professional DJ for the past 20 years, I go by the mane, "01 Marsh" II have had over 25,01 D,J jobs In various locations. I specialize In varied playlists that satisfy all age ranges. I transitioned to virtual D'ing during COVID, but I arn currently back to live OJing- EDUCATION B.A., Hunter College, New York, N,Y. 1308 1309 From. are <n:oreply@1:123tor,iiibL,Iil,der",com> Sent: TUesday, IMarch 14, 2023 2:47 PM To: City, Gerk Subject: Advismy Board Appointment application Attachments: ATR-resurne-2023,pcif Today's, date 03/14/2023 Name Ace Till!ton Ratcfiff Phone number 561-376-3640 Address 142 SW 13th, Avenue Boynton Beach Fl. 33435, United States Email ace@staVweirdbekindcom Current occupation or,, if retired, prior Self-employed artist, photographer,, and writer occupation Education BA in, political science from UCF Are you a registered voter? Yes, Do you reside within, the Boynton Keach Y'e s City limits? Do olid owin/manage a business withiin, City Yes limits? If Oyes",, name of Harper's Promise, currenfly on hiatus business: Are, you currently serving on a City Yes board? Have you served on a City board in the Yes past? If "Yes", which 11 have served on the Art Advisory Board and the Library Board for one tenn each. board(s) and whien7 Have you ever been No convicted of a crime? If "yes"',, when and where? Advisory Board Llbrary Board 1310 If appointed by the, City Commission to serve as Board Chair Yes or Vice Chair are you willing to serve in this capacity? Personal I arn almost a lifelong resident of Boynton Beach. Though I left for a period to live in, California, I Qualifications returned: to my hornetown to buy a house and create a life here. I have served in ryly capacity on the Library Board for one term and I am interested inanother, I! arn am author with rny first book forthcoming from Simon & Schuster. Also II LOVE our library!! Professional City of Boynton Beach Art Advisory Board, Member Membership City, of Boynton Beach Library Advisory Board, Member Feel'l free to attach/upload an ()Lmbui LderLoniZup Ll,.�.p-?f-.'iLc��d=6cldl630le328le7'4(�;2ld5,53a29ee7cc548 extra sheet or resume. Certification 11, the applicant, hereby certify that the statements, and answers provided herein are true and accurate. i understand that, if appointed, any false staten'ients may be cause for removal from, a board, The message has Ihernrr sent frorn185,203,218.28 (United States) at 2023-03-14 13A6�55 on Chrorne 10 9.0.0,0 Entry ID, 607 Referrer: httjL�'w A ,N�qyljjavg. a,Jl, Form HoW htt.j s boa d-appointryie t pj2LLg gr! J,I�UrLq�123fq�'nibuflde,c nj 21 - r ni -a LLqg 1311