Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda 12-12-23
1.Call to Order 2.Invocation 3.Pledge of Allegiance 4.Roll Call 5.Agenda Approval 6.Legal 7.Informational Items and Disclosures by Board Members and CRA Staff: 8.Announcements and Awards 9.Public Comments Community Redevelopment Agency Board Meeting Tuesday, December 12, 2023 - 6:00 PM City Hall Chambers, 100 E. Ocean Avenue and GoToWebinar Online Meeting 561-737-3256 AGENDA A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda The public comment section of the meeting is for public comment on items on the consent agenda or items that are not on the agenda. For items on the agenda, the public will be given an opportunity to comment at the time each item is considered. Each speaker will be given a total of three (3) minutes to comment; however the Board retains the right to reduce the number of minutes prior to the start of public comment. Persons making public comment may not assign or donate their public comment time to another individual to allow that other individual additional time to comment; however, any persons requiring assistance will be accommodated as required by the Americans with Disabilities Act. Prior to addressing the Board, please go to the podium or unmute your device when prompted, and state your name and address for the record. 1 10.Consent Agenda A.CRA Financial Report Period Ending November 30, 2023 B.Approval of the CRA Board Meeting Minutes for November 13, 2023 C.Approval of a One Year Extension of Lease with the City of Boynton Beach for the CRA Owned Property located at 511 East Ocean Avenue D.Approval of Final Reimbursement for the Commercial Property Improvement Grant Program for Southern Golf Cars, Inc. located at 425 NE 4th Street E.Approval of the Commercial Property Improvement Grant Program in the Amount of $22,185 to Bi-Square Inc. located at 1080 S. Federal Highway 11.CRA Advisory Board 12.Pulled Consent Agenda Items 13.Old Business A.Discussion and Consideration of the Responses to the Second RFP/RFQ for the CRA-owned Property located at 401-411 E. Boynton Beach Boulevard B.Discussion and Consideration of Extension of Lease with the USPS at 217 N. Seacrest Boulevard C.Discussion and Consideration of the First Amendment to the Interlocal Agreement between the City and CRA for the Historic Woman's Club of Boynton Beach located at 1010 S. Federal Highway D.Discussion and Consideration of the First Amendment to the Interlocal Agreement between the City and CRA for the CRA District Streetscape/Lighting Improvements E.Update on Recruitment of New Executive Director F.Discussion and Consideration of Process for Selection of New Executive Director 14.New Business A.Discussion and Consideration of Purchase of 417, 445 and 521 N Federal Highway, 520 and 522 NE 5th Avenue, and 511 and 522 NE 4th Street (aka the Hall Properties) 15.CRA Projects in Progress A.2023 Holiday Boat Parade Recap B.Social Media & Print Marketing Update C.CRA Economic & Business Development Grant Program Update D.MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update - December 2023 16.Future Agenda Items A. Pending Assignments B. Reports on Pending Assignments 2 A.Status Update on Development Project with 306 NE 6th Avenue LLC for the CRA Owned Property located at 211 E. Ocean Avenue (TABLED 11/13/2023) - January 2024 B.Discussion and Consideration of a Draft Request for Proposals regarding Property Appraisers - January 2024 C.Update on Amending the 2016 Community Redevelopment Plan - January 2024 D.Discussion and Consideration of First Amendment to the Interlocal Agreement (ILA) for Technical Support Services with the City of Boynton Beach - January 2024 E.Discussion and Consideration of a Contract regarding Ride Sharing Program - January 2024 F.Discussion and Consideration of an Interlocal Agreement (ILA) with City of Boynton Beach regarding Ride Sharing Program - January 2024 17.Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256, AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRA'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRA'S WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. 3 •Attachment I - November 2023 Financial Summary COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 12, 2023 CONSENT AGENDA AGENDA ITEM 10.A SUBJECT: CRA Financial Report Period Ending November 30, 2023 SUMMARY: CRA Financial Services staff is providing the CRA Board with the November 30, 2023 (Attachment I): Statement of Revenues, Expenditures and Changes in Fund Balance Report, and Budget Comparison Schedule - General Fund. FISCAL IMPACT: FY 2023-2024 Annual Budget CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY 2023-2024 CRA Budget CRA BOARD OPTIONS: Approve the CRA's monthly financial and budget reports for the period ending November 30, 2023. ATTACHMENTS: Description 4 General Fund Projects Fund Debt Service Fund Total Governmental Funds REVENUES Tax increment revenue 7,906,044 - - 7,906,044 Marina Rent & Fuel Sales 322,635 - - 322,635 Contributions and donations - - - - Interest and other income 48,218 70,190 884 119,291 Total revenues 8,276,896 70,190 884 8,347,970 EXPENDITURES General government 945,582 - - 945,582 Redevelopment projects - 396,636 - 396,636 Debt service:- Principal - - - - Interest and other charges - - - - Total expenditures 945,582 396,636 - 1,342,218 7,331,314 (326,446) 884 7,005,752 OTHER FINANCING SOURCES (USES) Funds Transfers in - - - - Funds Transfers out - - - - Total other financing sources (uses) - - - - Net change in fund balances 7,331,314 (326,446) 884 7,005,752 Fund balances - beginning of year 4,460,185 13,283,370 176,014 17,919,569 Fund balances - end of year 11,791,499 12,956,924 176,898 24,925,321 Footnote: Transfers between funds include monies received from TIF and carryover from general fund balance. Excess (deficiency) of revenues over expenditures BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Statement of Revenues, Expenditures and Changes in Fund Balances Through Year to Date - November 30, 2023 (A Component Unit of the City of Boynton Beach, Florida) The notes to the basic financial statements are an integral part of this statement. 1 5 Original Budget Final Budget Actual REVENUES Tax increment revenue 21,496,558$ -$ 7,906,044 Marina Rent & Fuel Sales 1,100,000 - 322,635 Interest and other income - - 48,218 Other financing sources (uses) - - - Total revenues 22,596,558 - 8,276,896 EXPENDITURES General government 5,000,000 - 945,582 Total expenditures 5,000,000 - 945,582 17,596,558 - 7,331,314 OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (17,596,558) - - Total other financing sources (uses) (17,596,558) - - Net change in fund balances -$ -$ 7,331,314 Fund balances - beginning of year 4,460,185 Fund balances - end of year 11,791,499 Excess of revenues over expenditures BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Budgetary Comparison Schedule General Fund Through Year to Date - November 30, 2023 The notes to the basic financial statements are an integral part of this statement. 1 6 12/5/2023 8:44:39 AM Page 1 of 5 Detail vs Budget Report Boynton Beach CRA, FL Account Summary Date Range: 11/01/2023 - 11/30/2023 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01 - GENERAL FUND Revenue 01-41000 T.I.F. COLLECTIONS -13,590,514.00-7,906,044.00-7,906,044.000.00-21,496,558.000.00 -63.22% 01-42115 MARINA RENTS -75,731.60-24,268.40-12,134.20-12,134.20-100,000.000.00 -75.73% 01-42116 MISCELLANEOUS RENTS FRO PROPER 42,408.34-42,408.34-21,229.17-21,179.170.000.00 0.00% 01-42117 MARINA FUEL SALES -745,825.10-254,174.90-133,901.98-120,272.92-1,000,000.000.00 -74.58% 01-42118 MARINA MISC INCOME 1,783.28-1,783.28-676.71-1,106.570.000.00 0.00% 01-46100 INTEREST INCOME 13,764.12-13,764.12-9,868.83-3,895.290.000.00 0.00% 01-47200 IN KIND REVENUE 21,822.34-21,822.34-10,911.17-10,911.170.000.00 0.00% 01-48100 MISCELLANEOUS INCOME 12,631.08-12,631.08-10,639.68-1,991.400.000.00 0.00% Revenue Totals:0.00 -22,596,558.00 -171,490.72 -8,105,405.74 -8,276,896.46 -14,319,661.54 -63.37% Expense 01-51010-200 CONTRACTUAL EXPENSE 46,019.501,016.00336.00680.0045,017.75-2,017.75 102.23% 01-51010-216 ADVERTISING & PUBLIC NOTICES 8,000.000.000.000.008,000.000.00 100.00% 01-51010-225 ASSOC. MEETINGS & SEMINARS 24,377.504,612.504,140.22472.2828,545.00-445.00 85.40% 01-51010-227 DELIVERY SERVICES 111.00139.00139.000.00250.000.00 44.40% 01-51010-310 OFFICE SUPPLIES 400.000.000.000.00400.000.00 100.00% 01-51230-100 PERSONNEL SERVICES 332,321.67113,314.3586,931.1026,383.25445,636.020.00 74.57% 01-51230-115 CAR ALLOWANCE 6,833.332,766.672,123.07643.609,600.000.00 71.18% 01-51230-225 ASSOC. MEETINGS & SEMINARS 14,097.671,402.331,693.27-290.9415,500.000.00 90.95% 01-51230-226 MEMBERSHIP DUES 12,418.254,881.75550.004,331.7517,300.000.00 71.78% 01-51230-227 DELIVERY SERVICES 400.000.000.000.00400.000.00 100.00% 01-51230-229 CAREER DEVELOPMENT 26,000.000.000.000.0026,000.000.00 100.00% 01-51230-310 OFFICE SUPPLIES 2,404.5695.447.1388.312,500.000.00 96.18% 01-51230-315 POSTAGE 2,900.00100.00100.000.003,000.000.00 96.67% 01-51230-340 CELLULAR PHONES 2,271.96228.04183.0445.002,500.000.00 90.88% 01-51230-355 SUBSCRIPTIONS 865.00135.000.00135.001,000.000.00 86.50% 01-51230-360 BOOKS & PUBLICATIONS 300.000.000.000.00300.000.00 100.00% 01-51230-400 EQUIPMENT COSTS 2,000.000.000.000.002,000.000.00 100.00% 01-51325-100 PERSONNEL SERVICES 205,933.2535,917.7520,104.3615,813.39241,851.000.00 85.15% 01-51325-115 CAR ALLOWANCE 3,046.16553.84276.92276.923,600.000.00 84.62% 01-51325-200 CONTRACTUAL EXPENSE 125.00175.000.00175.00300.000.00 41.67% 01-51325-201 BANK FEES 5,834.18165.82152.3413.486,000.000.00 97.24% 01-51325-225 ASSOC. MEETINGS & SEMINARS 9,250.000.000.000.009,250.000.00 100.00% 01-51325-226 MEMBERSHIP DUES 1,500.000.000.000.001,500.000.00 100.00% 01-51325-227 DELIVERY COSTS 300.000.000.000.00300.000.00 100.00% 01-51325-229 CAREER DEVELOPMENT 5,000.000.000.000.005,000.000.00 100.00% 7 Detail vs Budget Report Date Range: 11/01/2023 - 11/30/2023 12/5/2023 8:44:39 AM Page 2 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51325-310 OFFICE SUPPLIES 1,957.3442.667.1335.532,000.000.00 97.87% 01-51325-340 CELLULAR PHONES 1,858.54141.4696.4645.002,000.000.00 92.93% 01-51325-355 SUBSCRIPTIONS 1,501.001,499.000.001,499.003,000.000.00 50.03% 01-51325-360 BOOKS & PUBLICATIONS 300.000.000.000.00300.000.00 100.00% 01-51325-365 OFFICE PRINTING COSTS 2,000.000.000.000.002,000.000.00 100.00% 01-51325-400 EQUIPMENT COSTS 1,000.000.000.000.001,000.000.00 100.00% 01-51410-213 GENERAL PROPERTY COVERAGE 165,697.00174,819.000.00174,819.00340,516.000.00 48.66% 01-51420-200 CONTRACTUAL EXPENSE 49,000.0010,000.0010,000.000.0059,000.000.00 83.05% 01-51420-201 CONTRACT LEGAL 177,850.0010,150.0010,150.000.00181,000.00-7,000.00 98.26% 01-51420-202 WEBSITE HOSTING, REDESIGN & MAINT 35,808.311,688.34356.671,331.6737,139.98-356.67 96.41% 01-51420-204 CITY STAFF COSTS 34,182.000.000.000.0029,591.00-4,591.00 115.51% 01-51440-100 PERSONNEL SERVICES 173,536.7430,615.2617,263.2013,352.06204,152.000.00 85.00% 01-51440-225 ASSOC. MEETINGS & SEMINARS 5,601.372,098.631,498.60600.037,700.000.00 72.75% 01-51440-226 MEMBERSHIP DUES 2,350.000.000.000.002,350.000.00 100.00% 01-51440-227 DELIVERY SERVICES 500.000.000.000.00500.000.00 100.00% 01-51440-229 CAREER DEVELOPMENT 8,150.000.000.000.008,150.000.00 100.00% 01-51440-310 OFFICE SUPPLIES 957.3442.667.1335.531,000.000.00 95.73% 01-51440-340 CELLULAR PHONES 1,059.49140.5195.5145.001,200.000.00 88.29% 01-51440-355 SUBSCRIPTIONS 1,934.0066.0033.0033.002,000.000.00 96.70% 01-51440-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-51440-365 OFFICE PRINTING COSTS 1,500.000.000.000.001,500.000.00 100.00% 01-51620-200 CONTRACTUAL EXPENSE 4,501.25498.750.00498.755,000.000.00 90.03% 01-51620-201 PROPERTY TAXES & ASSOC. DUES 144,166.0875,962.7173,045.752,916.96150,000.00-70,128.79 96.11% 01-51620-202 MARINA POLICE 40,691.080.000.000.0040,691.080.00 100.00% 01-51620-205 RENTAL OF OFFICES 22,469.007,531.002,150.005,381.0030,000.000.00 74.90% 01-51620-208 EQUIPMENT LEASES 8,337.29622.94622.940.0012,638.063,677.83 65.97% 01-51620-209 PROPERTY MAINTENENCE COST 474,257.0330,119.9727,647.972,472.00478,890.00-25,487.00 99.03% 01-51620-210 IN KIND EXPENSE -21,822.3421,822.3410,911.1710,911.170.000.00 0.00% 01-51620-211 VEHICLE MAINTENANCE / FUEL 9,966.4833.5233.520.0010,000.000.00 99.66% 01-51620-212 HURRICANE/PROPERTY CONTINGENCY 30,000.000.000.000.0030,000.000.00 100.00% 01-51620-224 SIGNAGE 20,000.000.000.000.0020,000.000.00 100.00% 01-51620-325 ELECTRICITY COSTS 19,118.81881.19881.190.0020,000.000.00 95.59% 01-51620-326 WATER CHARGES 19,393.98606.02328.41277.6120,000.000.00 96.97% 01-51630-200 CONTRACTUAL 600.000.000.000.00600.000.00 100.00% 01-51630-209 PROPERTY MAINTENENCE 84,056.006,944.003,948.502,995.5091,000.000.00 92.37% 01-51630-241 MARINA FUEL MANAGEMENT 192,288.3838,457.6219,228.8119,228.81230,746.000.00 83.33% 01-51630-242 MARINE FUEL STATION OVERHEAD 56,624.993,375.012,996.98378.0360,000.000.00 94.37% 01-51630-310 OFFICE SUPPLIES 1,128.4571.5571.550.001,200.000.00 94.04% 01-51630-325 ELECTRIC COSTS 7,296.581,703.421,619.5283.909,000.000.00 81.07% 01-51630-326 WATER COSTS 5,259.83740.17596.27143.906,000.000.00 87.66% 01-51630-327 GASOLINE & DEISEL FUEL PURCHAS 548,693.98141,481.0282,837.3058,643.72690,175.000.00 79.50% 01-51630-328 MARINA DIESEL SALES TAX 16,579.40699.60699.600.0017,279.000.00 95.95% 01-51650-200 CONTRACTUAL EXPENSE 1,800.000.000.000.001,800.000.00 100.00% 01-51650-210 CITY IT SUPPORT 31,072.000.000.000.0030,536.00-536.00 101.76% 8 Detail vs Budget Report Date Range: 11/01/2023 - 11/30/2023 12/5/2023 8:44:39 AM Page 3 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51650-211 COMPUTER SOFTWARE & LICENSES 4,000.000.000.000.004,000.000.00 100.00% 01-51650-212 FINANCIAL SOFTWARE MAINTENANCE 33,455.5829,044.420.0029,044.4262,500.000.00 53.53% 01-51650-330 TELEPHONE LINES 5,000.000.000.000.005,000.000.00 100.00% 01-51650-400 EQUIPMENT COSTS 10,000.000.000.000.0010,000.000.00 100.00% 01-51990-200 CONTRACTUAL EXPENSE - CONTINGENCY 100,000.000.000.000.00100,000.000.00 100.00% 01-57400-100 PERSONNEL SERVICES 134,070.3018,096.709,782.008,314.70152,167.000.00 88.11% 01-57400-216 ADVERTISING & PUBLIC NOTICES 48,000.000.000.000.0048,000.000.00 100.00% 01-57400-218 ANNUAL REPORT & BROCHURES 5,000.000.000.000.005,000.000.00 100.00% 01-57400-225 ASSOC. MEETINGS & SEMINARS 10,000.000.000.000.0010,000.000.00 100.00% 01-57400-226 MEMBERSHIP DUES 4,500.005,800.005,800.000.0010,300.000.00 43.69% 01-57400-227 DELIVERY SERVICES 1,500.000.000.000.001,500.000.00 100.00% 01-57400-229 CAREER DEVELOPMENT 4,500.000.000.000.004,500.000.00 100.00% 01-57400-236 PHOTOGRAPHY / VIDEOS 20,000.000.000.000.0020,000.000.00 100.00% 01-57400-310 OFFICE SUPPLIES 1,457.3442.667.1335.531,500.000.00 97.16% 01-57400-340 CELLULAR PHONES 1,769.49230.51140.5190.002,000.000.00 88.47% 01-57400-355 SUBSCRIPTIONS 1,700.00200.00200.000.001,900.000.00 89.47% 01-57400-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-57400-365 OFFICE PRINTING COSTS 4,000.000.000.000.004,000.000.00 100.00% 01-57500-100 PERSONNEL SERVICES 123,491.7814,516.227,846.606,669.62138,008.000.00 89.48% 01-57500-225 ASSOC. MEETINGS & SEMINARS 10,000.000.000.000.0010,000.000.00 100.00% 01-57500-226 MEMBERSHIP DUES 1,000.000.000.000.001,000.000.00 100.00% 01-57500-229 CAREER DEVELOPMENT 7,000.000.000.000.007,000.000.00 100.00% 01-57500-310 OFFICE SUPPLIES 1,934.0465.9630.4635.502,000.000.00 96.70% 01-57500-340 CELLULAR PHONES 510.0090.0045.0045.00600.000.00 85.00% 01-57500-355 SUBSCRIPTIONS 500.000.000.000.00500.000.00 100.00% 01-57500-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-59000-151 F.I.C.A.71,732.098,267.914,493.373,774.5480,000.000.00 89.67% 01-59000-152 MEDICARE 15,031.114,968.892,965.292,003.6020,000.000.00 75.16% 01-59000-153 RETIREMENT PLAN 401(a)294,648.0055,352.0028,560.0026,792.00350,000.000.00 84.19% 01-59000-154 WORKERS COMP INSURANCE 15,000.000.000.000.0015,000.000.00 100.00% 01-59000-155 HEALTH INSURANCE 190,091.059,908.959,592.39316.56200,000.000.00 95.05% 01-59000-156 DENTAL INSURANCE 14,081.50918.50329.67588.8315,000.000.00 93.88% 01-59000-157 LIFE INSURANCE 11,656.0095.0050.0045.0011,751.000.00 99.19% 01-59000-158 SHORT / LONG TERM DISABILITY 8,321.051,678.95559.651,119.3010,000.000.00 83.21% 01-59000-159 UNEMPLOYMENT CHARGES 10,000.000.000.000.0010,000.000.00 100.00% 01-59000-160 VISION INSURANCE 4,871.09128.9141.2087.715,000.000.00 97.42% 01-59000-161 COMPENSATED ABSENSES 0.0067,818.980.0067,818.9867,818.980.00 0.00% 01-59800-990 TRANS OUT TO DEBT SERVICE FUND 2,135,817.000.000.000.002,135,817.000.00 100.00% 01-59999-990 INTERFUND TRANSFERS OUT 15,460,741.000.000.000.0015,460,741.000.00 100.00% Expense Totals:-106,884.38 22,701,506.87 491,275.50 454,306.90 945,582.40 21,862,808.85 96.31% 01 - GENERAL FUND Totals:-106,884.38 104,948.87 319,784.78 -7,651,098.84 -7,331,314.06 7,543,147.31 02 - PROJECTS FUND Revenue 9 Detail vs Budget Report Date Range: 11/01/2023 - 11/30/2023 12/5/2023 8:44:39 AM Page 4 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 02-46100 INTEREST INCOME 69,989.61-69,989.61-32,511.09-37,478.520.000.00 0.00% 02-47100 APPLICATION FEES 200.00-200.00-100.00-100.000.000.00 0.00% 02-49100 OTHER FINANCING SOURCES -3,628,406.000.000.000.00-3,628,406.000.00 -100.00% 02-49900 TRANSFERS IN -15,460,741.000.000.000.00-15,460,741.000.00 -100.00% Revenue Totals:0.00 -19,089,147.00 -37,578.52 -32,611.09 -70,189.61 -19,018,957.39 -99.63% Expense 02-58100-202 CONTINGENCY EXPENSE 200,000.000.000.000.00200,000.000.00 100.00% 02-58100-203 CONTRACTUAL EXPENSE 1,308,500.000.000.000.001,308,500.000.00 100.00% 02-58100-213 LEGAL FEES 241,099.508,900.508,900.500.00250,000.000.00 96.44% 02-58200-401 BUILDINGS 3,926,054.780.000.000.004,276,054.78350,000.00 91.81% 02-58200-402 IMPROVEMENTS 1,306,513.000.000.000.001,306,513.000.00 100.00% 02-58200-404 CONSTRUCTION IN PROGRESS 220,732.420.000.000.00220,732.420.00 100.00% 02-58200-405 SITE WORK AND DEMOLITION FEES 349,487.44512.560.00512.56350,000.000.00 99.85% 02-58200-406 INFRASTRUCTURE AND STREETSCAPE 9,225,042.88234,937.99234,937.990.0011,525,042.882,065,062.01 80.04% 02-58400-443 DIFA-ECONOMIC DEVELOPMENT 661,167.000.000.000.00661,167.000.00 100.00% 02-58400-444 ECONOMIC DEVELOPMENT GRANTS 1,485,583.5247,813.9032,968.8114,845.091,485,423.46-47,973.96 100.01% 02-58400-445 MARKETING INCENTIVES 276,807.427,167.584,342.582,825.00283,975.000.00 97.48% 02-58500-460 COMMUNITY POLICING INNOVATIONS 1,069,066.930.000.000.001,069,066.930.00 100.00% 02-58500-470 COMMUNITY SUPPORT PROJECTS 400,000.000.000.000.00400,000.000.00 100.00% 02-58500-480 COMMUNITY SPECIAL EVENTS 488,114.3097,303.2032,477.2864,825.92574,000.00-11,417.50 85.04% Expense Totals:2,355,670.55 23,910,475.47 83,008.57 313,627.16 396,635.73 21,158,169.19 88.49% 02 - PROJECTS FUND Totals:2,355,670.55 4,821,328.47 45,430.05 281,016.07 326,446.12 2,139,211.80 03 - DEBT SERVICE Revenue 03-46100 INTEREST INCOME 883.59-883.59-435.11-448.480.000.00 0.00% 03-49900 TRANSFERS IN -2,135,817.000.000.000.00-2,135,817.000.00 -100.00% Revenue Totals:0.00 -2,135,817.00 -448.48 -435.11 -883.59 -2,134,933.41 -99.96% Expense 03-59800-814 BOND 2012 PRINCIPAL 1,512,000.000.000.000.001,512,000.000.00 100.00% 03-59800-815 BOND 2015 PRINCIPAL 445,000.000.000.000.00445,000.000.00 100.00% 03-59800-824 BOND 2012 INTEREST 115,942.000.000.000.00115,942.000.00 100.00% 03-59800-826 BOND 2015 INTEREST 61,875.000.000.000.0061,875.000.00 100.00% 03-59800-830 FINANCIAL AGENT FEES 1,000.000.000.000.001,000.000.00 100.00% Expense Totals:0.00 2,135,817.00 0.00 0.00 0.00 2,135,817.00 100.00% 03 - DEBT SERVICE Totals:0.00 0.00 -448.48 -435.11 -883.59 883.59 Report Total:2,248,786.17 4,926,277.34 364,766.35 -7,370,517.88 -7,005,751.53 9,683,242.70 10 Detail vs Budget Report Date Range: 11/01/2023 - 11/30/2023 12/5/2023 8:44:39 AM Page 5 of 5 Fund Summary Fund Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining -106,884.38 104,948.87 319,784.78 -7,651,098.84 -7,331,314.06 7,543,147.3101 - GENERAL FUND 2,355,670.55 4,821,328.47 45,430.05 281,016.07 326,446.12 2,139,211.8002 - PROJECTS FUND 0.00 0.00 -448.48 -435.11 -883.59 883.5903 - DEBT SERVICE Report Total:2,248,786.17 4,926,277.34 364,766.35 -7,370,517.88 -7,005,751.53 9,683,242.70 11 •Attachment I - November 13, 2023 CRA Meeting Minutes COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 12, 2023 CONSENT AGENDA AGENDA ITEM 10.B SUBJECT: Approval of the CRA Board Meeting Minutes for November 13, 2023 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the November 13, 2023 CRA Board Meeting Minutes. ATTACHMENTS: Description 12 Minutes of the Community Redevelopment Agency Board Meeting Held on Monday, November 13, 2023 at 6:00 PM City Hall Chambers, 100 E. Ocean Avenue and GoToWebinar Online Meeting Present: Chair Ty Penserga Tim Tack, Acting Executive Director Vice Chair Thomas Turkin Kathryn Rossmell, Board Counsel Board Member Angela Cruz Maylee De Jesús, City Clerk Board Member Woodrow Hay Board Member Aimee Kelley 1. Call to Order Chair Penserga called the meeting to order at 6:02 P.M. 2. Invocation The Invocation was given by Board Member Hay. 3. Pledge of Allegiance Board Member Kelley led the Pledge of Allegiance to the Flag. 4. Roll Call Maylee De Jesús, City Clerk, called the roll. A quorum was present. 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Board Member Kelley requested to pull Item 16A. Board Member Hay requested to pull item Items 16F and 16G. Board Member Kelley asked if the Neighborhood Officer Program should be under "in progress.” Acting Director Tack said that it has always been in that location historically. Board Member Kelley asked to hear about Item 16D. B. Adoption of Agenda Motion: Vice Chair Turkin moved to approve the agenda, as amended. Board Member Kelley seconded the motion. The motion passed unanimously. 13 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 6. Legal Ms. Rossmell had no legal updates. 7. Information A. Update on Purchase of Property Located at 137 NE 3rd Avenue Mr. Tack said that this is under contract, and they will not be proceeding with an appraisal. 8. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda All Board Members stated that they had no disclosures. 9. Announcements and Awards A. 2023 Florida Redevelopment Association Awards Announcement Bonnie Nicklien, Grant and Project Manager, announced that they were the winners of two awards at the Florida Redevelopment Association Conference. She announced the awards and spoke about the conference that was attended by staff and Board Member Hay. Mr. Tack said that it was very interesting and educational, and there were a lot of questions about our projects, especially the Heart of Boynton project. Board Member Hay said that the City of Boynton should be very proud. He stated that the picture on the cover of the FRA program was a project that the City of Boynton Beach has done. He gave kudos to the CRA Staff, and said that out of all of the workshops, people did not want to leave the one that our CRA presented, because they were excited and engaged. Mr. Tack acknowledged staff for their presentation and keeping everyone engaged and involved for an hour and 15 minutes. B. 2023 International Festivals & Events Association Awards Announcement Mercedes Coppin, Business Development Promotions Manager, spoke about the awards that the Boynton Beach CRA received: two silvers and one bronze award. Board Member Hay said that we should be proud of the accomplishments that are happening here in the CRA. C. Announcement 2023 Holiday Boat Parade Announcement Ms. Coppin announced the Holiday Boat Parade, and spoke about the event. 14 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 Board Member Cruz asked who the judge will be this year. Ms. Coppin said that she would love to have the Board Members be judges, so they can reach out to her. Chair Penserga asked that the boats be reminded to slow down during the parade. 10. Public Comments The public comment section of the meeting is for public comment on items on the consent agenda or items that are not on the agenda. For items on the agenda, the public will be given an opportunity to comment at the time each item is considered. Each speaker will be given a total of three (3) minutes to comment; however, the Board retains the right to reduce the number of minutes prior to the start of public comment. Persons making public comment may not assign or donate their public comment time to another individual to allow that other individual additional time to comment; however, any persons requiring assistance will be accommodated as required by the Americans with Disabilities Act. Prior to addressing the Board, please go to the podium or unmute your device when prompted, and state your name and address for the record. Chair Penserga opened public comments. Christine Roberts spoke about the subject regarding staffing concerns during the CRA Meeting when Ms. Thuy Shutt was fired. She mentioned Ms. Shutt’s great experience and said that she does not understand why she was fired. She stated that communication is a two-way street, and Ms. Shutt was not given the opportunity to defend herself. There were no virtual comments. Chair Penserga closed public comments. 11. Consent Agenda A. CRA Financial Report Period Ending October 31, 2023 B. Approval of the CRA Board Meeting Minutes for October 10, 2023 C. Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $18,000 to Stoic Financial LLC located in Colonial Center at 1200 S. Federal Highway, Suite 201 Motion: Vice Chair Turkin moved to approve the Consent Agenda. Board Member Kelley seconded the motion. The motion passed unanimously. 12. Pulled Consent Agenda Items None. 15 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 13. CRA Advisory Board A. Pending Assignments B. Reports on Pending Assignments Mr. Tack said that they do have a Board and will have a meeting, and any pending assignments that they would like to send their way is welcome. Chair Penserga said that he would like for them to explore senior affordable housing sites, which could be an assignment for them. Mr. Tack said that they will have a CRA 101 Meeting, how they operate, etc., and it will hopefully be done soon. He stated that they can gather the CRA properties and collaborate with them. Ms. Rossmell spoke about what the CRA Advisory Board can do and said that this is an appropriate request. Chair Penserga said that he prefers both the CRA and City locations be looked at. Board Member Kelley mentioned that she recently heard that the properties at the Atrium, and two parcels for sale, could be looked at to see if they are viable to be purchased. She agrees with the project request that the Chair suggested. Board Member Hay agreed with this, and asked how many members there are. Mr. Tack said that there are 7 members. Board Member Hay asked about absences for the Board. Ms. Curfman said that three absences are permitted. Ms. Rossmell said that CRA staff can alert the City about any attendance issues. 14. Old Business A. Continued Discussion and Consideration of Piggy-Backing onto the City of Hollywood Contract with Circuit Transit Inc. for the BBCRA Pilot Ride Share Program - TABLED 10/10/2023 Motion: Vice Chair Turkin moved to remove the item from the table. Board Member Kelley seconded the motion. The motion passed unanimously. Mr. Tack spoke about the history of the item and staff recommendation. Jason Bagley, representative from Circuit, spoke about the following: Circuit- A turnkey, electric and shared solution; a big impact for everyone; national operations; Circuit South Florida City 16 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 programs; riders love it; flexibility is key; real time data; customization is key; electric vehicle options; mockup of branding; Boynton Beach Proposed Phase 1 recommendation; Boynton Beach proposed phase 2; and options and turnkey service costs. Chair Penserga said that he is a big proponent of this service, since there is limited parking. He mentioned that this is a win-win all around. Board Member Kelley inquired about discounts that could be available and asked Mr. Bagley to elaborate on the options for seniors and residents. Mr. Bagley said that if they wanted free rides for seniors, they could set it up with the birthdays, when the resident register in the app. He spoke about other ways to use the app to allow for discounts. Board Member Kelley spoke about promoting this with the different benefits, in order to encourage residents to use it. Mr. Bagley said that if there is enough parking at City Hall on weekends, they could allocate a certain number of cars back and forth, and then other vehicles for outside of the area. Chair Penserga asked how they could communicate discounts to local businesses. Mr. Bagley said that businesses could purchase ride shares and promote it. Board Member Kelley said that she would love to be able to get the feedback from the commercial properties to see if they would like to do this. Ms. Coppin said that it is a great idea, and they could send out a survey about it. Board Member Kelley asked about advertising and promoting local businesses, and the cost. Mr. Bagley said that it is up to the Board what they want to charge, and they can provide typical rates from other municipalities. He stated that the average cost could be anywhere from $200 a month, but wrapping a vehicle is $1,500-$2,000 a month and can be discounted if it is yearlong. Board Member Hay asked if they have technical issues, is there a contingency plan to minimize inconveniences. Mr. Bagley said that they have over 100 vehicles in service and they can bring in additional vehicles for large events. Board Member Hay asked about the community feedback and improving the rideshare program. Mr. Bagley spoke about the public partnership manager, including outreach before launching, helping communities learn about the app, and conducting surveys. Board Member Hay asked if all of the vehicles are electric and about the safety for riders. 17 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 Mr. Bagley said yes, they are all electric. He spoke about the safety record and safety plan and noted that he can send to the Board. Board Member Cruz said that she did a little research, and comparing it to other companies, and that Circuit seems like the best company. She asked that the Board think about the hours of operation, and the option for 40 instead of 60 hours per week. She asked that we do a pilot program so that we can see when the riders need it the most. She stated that she would like to see this eventually move to the west side of the City. Mr. Bagley said that the hours could be whatever the Board wanted. He mentioned that there is a possibility of Palm Beach State College wanting to start the program as well. He spoke about fares at the City of West Palm Beach being added. Board Member Cruz requested that staff conduct research on the grant from FDOT to potentially take on 50% of the cost, so they are not cost burdened. She asked about the validity of the data when people can put any age or data in the app. Mr. Bagley said that something like this could be flagged, and the account could be cancelled. There was discussion regarding fares and discount options. Vice Chair Turkin said that he thinks it is a good idea to start with a fee, so that they can eliminate issues. He stated that he believes it should be started more south of Woolbright, because there is a high concern of parking in that area. Chair Penserga said that he supports going south of Woolbright. He asked what the rollout would look like and how often the plan is amended. Mr. Bagley spoke about the outreach and communication, and how often they would look at doing amendments. He said that there are marketing materials that they can send out to commercial properties to promote it. He mentioned coverage areas and being pushed out, if the need is seen. Board Member Cruz asked where they would be housed and charged. Mr. Bagley spoke about partnering with the City or other businesses, and electric charging could come from other sources. He mentioned that there are built in credits if they are using the City charging stations. Board Member Kelley said that the CRA parking lot might be an ideal spot. Mr. Tack spoke about the need for charging stations. Mr. Bagley said that they would prefer to have one charging station per vehicle. There was further discussion regarding the operation of hours; unknown data because the service is not available yet; and installing charging stations. Chair Penserga said that consensus is needed for parameters for the agreement and he will review the nine items. 18 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 • On-demand vs fixed routes Chair Penserga said that on-demand route is being presented, but should there be events, fixed routes could be organized. Ms. Rossmell said that both are available in the agreement. There was consensus to do both. • Boundaries There is consensus to start with phase two, to extend to 23rd. • Discounts There is consensus on discount programs. Mr. Tack spoke about fixed routes and needing an ILA with the City about the route to the beach. He recommended an increased fair for the beach. • Hours and Days There was discussion regarding hours and days. Mr. Bagley spoke about different vehicles that might be needed if they expand to Woolbright. There was discussion regarding different levels of fees for different vehicle needs. There was consensus to direct staff to work with Circuit to figure out the perimeter and get the data and adjust. • Contract duration for the pilot program: There was consensus for 6 months, with option to renew for another 6 months. The Board also requested quarterly reports. • Advertising There was consensus for Circuit to work with local businesses about advertising, and the scope for all businesses. • Vehicle Makeup Mr. Bagley said that Gems can get to the beach, but not the best vehicle for the Woolbright trips. He suggested three Gems and a sedan. There was consensus. 19 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 • Quarterly Reports formal reports, and monthly reports Mr. Bagley said that they do regular monthly reports. • Fee Structure and different options There was discussion about the following: Beach- $2 base line fee for all rides; prices by zones; additional fee for extra people; premium rates to the beach; staff looking at the numbers while working with Circuit; and Palm Tran rates. There was consensus to have some type of fee. Mr. Tack said that they will return with options and a negotiated contract. He stated that they will be as diligent as possible in bringing the contract back. B. Quarterly Progress Report from BB QOZ, LLC for the 115 N. Federal Highway Mixed- Use Project (aka The Pierce) Mr. Tack spoke about the history of the purchasing agreement. He said that the report stated that they received site plan approval. Kemissa Colin, Affiliated Development, provided an update and said that from the last update that was provided in September, there has been no updates. Mr. Tack said that there is still ongoing litigation, and they are not moving forward with the design until the litigation clears up. Ms. Colin spoke about the litigation. Board Member Hay asked if there is a limit as to how long this can be drawn out. Ms. Rossmell said that the Board has no control over the court and how long they draw this out, but they have made a contract amendment because of this. C. Status Update on Development Project with 306 NE 6th Avenue LLC for the CRA Owned Property located at 211 E. Ocean Avenue Mr. Tack provided an update on this item and spoke about the history of this project. Anthony Barber, applicant, stated that he is looking forward to the Circuit. He gave an update on the project and said that they are moving along steadily. He mentioned that the cost is significantly more, about half a million dollars more, and he spoke about the financing options that they have been looking at. He said that they are working with another design company, and that he mentioned speaking with someone that no longer works for the CRA for advice. He asked if they have to wait until they get financing, or not. Board Member Cruz said that it is a tough situation, and even our own projects have significantly increased. She stated that it is challenging to not see movement on the project. 20 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 Mr. Barber said that the first costs were an estimate, and the property value was at $800K, and they have not even looked at the house value. He mentioned that in order to make the house safe and sustainable, it is another $600K minimum. He spoke about seeking additional financial options. Vice Chair Turkin reiterated that the cost and rates are up. He asked what it is that he is requesting. Mr. Barber said that he can set up a timeline that if something is not set, that the CRA go ahead and move along without them. He stated that he hopes to have finance finalized within the next few weeks. Vice Chair Turkin said that he would be okay with a 60-day extension. Mr. Barber spoke about the history of the, and his partner wanting to save the house. Board Member Hay said that he was hoping to have a definitive answer to the items that were brought up, but he understands about everything going up. He stated that he is not comfortable with the finance part of it, but he would agree with the 60-day extension. Mr. Barber spoke about already investing $130K into this project. Board Member Kelley said that she does not want to see the house go anywhere. She stated that she is supportive of the 60-day extension and spoke about her concerns regarding setting himself up to fail by only asking for 60 days. She asked what the new design team's expectations are to come up with a new plan. Mr. Barber spoke about the phase plan, and the new design team being onboard since the last meeting in July. He said that the design team is ready and has a site plan ready to go through as soon as they have their next payment. He said the finance company is looking forward to working on this project and he spoke about the historic preservation. There was discussion regarding the removal of the historic designation. Mr. Barber said that they would need 90 days to be able to remove the historic designation on the property. Ms. Rossmell clarified that the removal of the historical designation is currently in the existing agreement. She spoke about timeline extension options. There was discussion regarding the following: contract adjustment; proposal to stay on enforcement of notice of default; proof of financing; different actions that they can take tonight to amend the contract; preference to see a site plan submitted; timeline for different parts of the agreement; options that the Board has; applicant possibly burning more money to make this work; applicant timeline for the project; obligation in the contract; site plan not happening at the same time as the historic designation being removed; 30 days just for financing component; summary of next steps; contract regarding financial commitment; and next CRA meeting dates. 21 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 Board Member Cruz requested a 6-month extension to allow for everything that needs to be done, or he would be done with the project. There was discussion regarding a 6-month extension; progress reports regarding the project; evidence of financing to come back to the January CRA Meeting; and condition to be specific for this project. Board Member Kelley suggested an update in January. Ms. Rossmell suggested that options include to table the item until the January CRA meeting or direct staff and legal to prepare a notice of default to include in the January meeting. Mr. Barber said that it would lead to a conversation of extension at that time. Ms. Rossmell agreed and spoke about the Board taking action in January. Chair Penserga opened public comments. There was none. He closed public comments. Motion: Vice Chair Turkin moved to table the item until the January 2024 CRA meeting. Board Member Kelley seconded the motion. The motion passed unanimously. 15. New Business A. Consideration of Fiscal Year 2023-2024 Budget Adjustment for Boynton Beach Complete Street Improvements Mr. Tack spoke about the agreement for the Complete Street Improvement Project, and its history of amendments. He said that they will need to increase the funding that will come from the Infrastructure and Streetscape funds, and also do a change to the ILA. Board Member Cruz asked if this is a TPA Grant and if they can get more funding. Mr. Tack said yes, they can ask about the possibility of more funding through the TPA. Chair Penserga opened public comments. There was none. He closed public comments. Motion: Vice Chair Turkin moved to transfer $350K from property acquisitions and reallocate it to infrastructure and streetscape. Board Member Hay seconded the motion. The motion passed unanimously. Motion: Vice Chair Turkin moved to approve the revised second amendment ILA Boynton Beach Complete Street project. Board Member Hay seconded the motion. The motion passed unanimously. 22 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 B. Discussion and Consideration of a Interlocal Agreement between the Boynton Beach CRA and the City of Boynton Beach for the Funding of Development Projects Mr. Tack spoke about the history of these projects and when they were funded. He said that this was already approved and is within the ILA with the City. Chair Penserga opened public comments. There was none. He closed public comments. Motion: Board Member Kelley moved to approve the ILA between the Boynton Beach CRA and the City of Boynton Beach for the Funding of Development Projects in the amount not to exceed $800K and authorize the Board Chair to execute, subject to final legal review. Board Member Cruz seconded the motion. The motion passed 4-0. Vice Chair Turkin was not present on the dais for the vote. C. Discussion and Consideration of Options for Recruitment of New Executive Director Ms. Rossmell spoke about the four recommended options for recruitment of a new Executive Director. Board Member Kelley stated that she preferred posting the position on as many websites as they can. Chair Penserga asked if the GovHR platform would be concurrent or separately from a timeframe. Ms. Rossmell said that they can do it concurrently, which would expand where it is posted. She said that GovHR said that they specialize in Government Recruitment. Board Member Kelley said that she prefers 30 days, and to use GovHR concurrently. Board Member Hay said that he prefers 60 days and agrees with everything else. Vice Chair Turkin agreed with Board Member Kelley, but said he is okay with 30 or 60 days, and that he is okay with GovHR. Board Member Cruz agreed with Hay with the timeframe, 60 days. Ms. Rossmell said that GovHR offers packages and asked if they want to do the baseline. There was consensus to work with the GovHR baseline. Chair Penserga said that he is comfortable with 30 days. Chair Penserga opened public comments. There was none. He closed public comments. 23 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 Motion: Vice Chair Turkin moved to direct staff to advertise the position in the usual markets, including GovHR. Board Member Hay seconded the motion. The motion passed unanimously. D. Discussion and Consideration of the Acting Interim Director of the CRA & Terms of Position Ms. Rossmell spoke about Mr. Tack’s increased job duties, and that this is to take action to temporarily increase his salary until an Executive Director is selected. Board Member Cruz asked Mr. Tack if he is comfortable with the increase. Mr. Tack said that he is comfortable with what the Board approves. Board Member Cruz suggested to raise Mr. Tack’s pay to line up with what the previous Executive Director was making, until another Executive Director assumes the position. Board Member Turkin said that he is okay with the midpoint to the high point or even what the previous Director was making. Board Member Hay said that he supports midway from what the previous Executive Director was making, so $20K more. Board Member Kelley agreed with Board Member Cruz and Vice Chair Turkin, which is what the previous Executive Director was making. Ms. Vicki Hill, Finance Director, asked about the car allowance as well. Board Member Cruz said that she recommends leaving his car allowance as is. Board Member Hay said that he recommends the $6K. Board Member Kelley said she is with the majority. Vice Chair Turkin recommended no change. Chair Penserga recommends staying at the current rate. There was consensus from the Board. Chair Penserga opened public comments. There was none. He closed public comments. Motion: Board Member Cruz moved to change Mr. Tack’s salary to be equal to previous Executive Director’s salary, prorated, and retroactive to when he assumed the role. Board Member Kelley seconded the motion. The motion passed unanimously. E. Approval of 2024 CRA Board Meeting Dates 24 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 Chair Penserga said that there are potential conflicts they need to discuss. Board Member Kelley said that she is comfortable with either January 17th or 18th. Board Member Hay recommended January 8th. Vice Chair Turkin noted that conflicts with conference travel. There was consensus for January 18th. Discussion ensued about the March 2024 CRA Meeting. There was consensus for March 21st. Discussion ensued about the November 2024 CRA Meeting. There was consensus for November 21st. Board Member Kelley requested that staff be cognizant of Jewish holidays. Chair Penserga asked if they would like to have a time during the year when they take a break. There was consensus to take a break. Board Member Hay said that he would prefer November or December. Vice Chair Turkin asked for a survey to be done. Board Member Kelley said that December is event heavy, and in the summer they can get a true break. Chair Penserga opened public comments. There was none. He closed public comments. Motion: Vice Chair Turkin moved to approve the 2024 CRA Board Meeting Dates. Board Member Hay seconded the motion. The motion passed unanimously. 16. CRA Projects in Progress A. Boynton Beach Art Walk Recap - TABLED 10/10/2023 Motion: Vice Chair Turkin moved to remove item from the table. Board Member Hay seconded the motion. The motion passed unanimously. Ms. Mercedes Coppin presented an event recap. 25 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 Board Member Kelley said that she pulled this because it was raining, and staff was amazing with these events and working with the community. B. 2023 Boynton Beach Pirate Fest Recap C. Social Media & Print Marketing Update D. Neighborhood Officer Program 4th Quarter Report for FY 2022-2023 Captain Burdelski spoke about the following: highlights of events; job fair on December 9; CRA District Crime Stats from July to September 2023; CRA Cases closed by arrest/By month; and CRA Collaboration. Board Member Hay asked if the 21% shoplifting statistic is in any one specific area. Captain Burdelski showed the map where the crimes are at. Board Member Kelley recognized the Officers and what they are doing in the community. E. CRA Economic & Business Development Grant Program Update F. MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update - October 2023 - TABLED 10/10/2023 G. MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update - November 2023 Motion: Board Member Hay moved to remove item from the table. Board Member Kelley seconded the motion. The motion passed unanimously. Mr. Tack addressed F and G simultaneously. He spoke about the MLK Jr. Blvd. Project; east building looking north to MLK Jr. Blvd.; east building roof; east building interior kitchen; east building interior hallway; north building looking north from MLK Jr. Blvd.; North building looking south to MLK Jr. Blvd.; north building roof; north building interior kitchen; north building interior front door north building interior hallway; west building looking south from MLK Jr. Blvd; west building looking west to Seacrest Blvd.; West building roof; west building interior hallway; and west building interior kitchen. Ms. Nicklien said that, as of Friday, they have two permits in and three more close by for units in the commercial units. Board Member Kelley asked what ended up coming into the larger units. Ms. Nicklien responded two restaurants so far. Board Member Hay said that there are some that cost four times as much as some of the other units, and they are right up there with the more expensive ones. He asked about FPL and the underground wires. Mr. Tack spoke about the underground wire options, and a possible phased approach. 26 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 17. Future Agenda Items A. Discussion and Consideration of a First Amendment to the Interlocal Agreement with the City of Boynton Beach for the Historic Woman’s Club of Boynton Beach located at 1010 S. Federal Highway – December B. Discussion and Consideration of Responses to the RFP/RFQ for the CRA- owned Property located at 401-411 E. Boynton Beach Boulevard – December C. Update on Status of Draft Scope to Amend the 2016 Community Redevelopment Plan - December 2023/January 2024 D. Discussion and Consideration of a Draft Request for Proposals regarding Property Appraisers – December 18. Adjournment Board Member Hay moved to adjourn. Board Member Kelley seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 9:40 P.M. Maylee De Jesús, MPA, MMC City Clerk 27 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 12, 2023 CONSENT AGENDA AGENDA ITEM 10.C SUBJECT: Approval of a One Year Extension of Lease with the City of Boynton Beach for the CRA Owned Property located at 511 East Ocean Avenue SUMMARY: The CRA currently leases 511 E. Ocean Avenue to the City as a temporary office for the City's Park Rangers (Attachments I & II). The property located at 511 E. Ocean Avenue will be the location a new mixed-use project known as The Pierce. Commencement of construction of The Pierce has been extended for a minimum of one year. I t is anticipated that all required permitting will take an additional year. Therefore, a one-year lease is being recommended with approval from the developer, BB QOZ, LLC (see Attachment III). The current basic terms of the lease are as follows: One year term with a one-year extension Termination by either party with a sixty-day notice Rent $10 per month Use for government offices Utilities, care & maintenance to be paid by tenant The Lease Extension has been reviewed by the CRA legal counsel and City staff (Attachment IV). If approved, CRA staff will coordinate with City staff to schedule the Lease Extension for City Commission approval. FISCAL IMPACT: To be determined. CRA PLAN/PROJECT/PROGRAM: 2016 Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve a one (1) year lease extension with the City of Boynton Beach for the property located at 511 E. Ocean Avenue and authorize Board Chair to execute Lease Extension. 2. Do not approve a one (1) year lease extension with the City of Boynton Beach for the 28 •Attachment I - Location Map •Attachment II - Fully Executed Lease Agreement with City 511 E. Ocean Avenue •Attachment III - BB QOZ Approval-City Lease •Attachment IV - Lease Extension Agreement - City 511 E Ocean Ave property located at 511 E. Ocean Avenue. 3. Alternative direction to staff and legal counsel upon further discussion. ATTACHMENTS: Description 29 30 31 32 33 34 35 36 37 38 39 40 1 Utterback, Theresa From:Lance Aker <laker@kappmorrison.com> Sent:Tuesday, November 21, 2023 10:48 AM To:Utterback, Theresa; 'Kathryn Rossmell'; 'Kenneth Dodge (kdodge@llw-law.com)' Cc:Tack, Timothy; Curfman, Vicki Subject:RE: Approval by BB QOZ, LLC of Lease Extension with City for 511 E. Ocean Avenue This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Hi Theresa, the extension is approved by BB QOZ, LLC. One question though: we did not realize the City was the tenant at 511 Ocean Avenue. Does the City occupy the entirety of that location of just a portion? Thanks. Lance M. Aker - v-card Lance M. Aker Partner direct: 561.766.0007 main: 561.766.0011 7900 Glades Road, Suite 550 Boca Raton, FL 33434 www.kappmorrison.com Florida │ New York From: Lance Aker Sent: Monday, November 20, 2023 10:38 AM To: 'Utterback, Theresa' <UtterbackT@bbfl.us>; Kathryn Rossmell <krossmell@llw-law.com>; Kenneth Dodge (kdodge@llw-law.com) <kdodge@llw-law.com> Cc: Tack, Timothy <TackT@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us> Subject: RE: Approval by BB QOZ, LLC of Lease Extension with City for 511 E. Ocean Avenue Thanks, Theresa. I’ll pass this along to my client for review and approval. Lance M. Aker - v-card Lance M. Aker Partner direct: 561.766.0007 41 2 main: 561.766.0011 7900 Glades Road, Suite 550 Boca Raton, FL 33434 www.kappmorrison.com Florida │ New York From: Utterback, Theresa <UtterbackT@bbfl.us> Sent: Monday, November 20, 2023 10:34 AM To: Kathryn Rossmell <krossmell@llw-law.com>; Kenneth Dodge (kdodge@llw-law.com) <kdodge@llw-law.com> Cc: Tack, Timothy <TackT@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us>; Lance Aker <laker@kappmorrison.com> Subject: Approval by BB QOZ, LLC of Lease Extension with City for 511 E. Ocean Avenue EXTERNAL EMAIL. Good Morning, This extension must be approved by BB QOZ, LLC. I’ve copied counsel for them. Thank you, Theresa Theresa Utterback Development Services Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-600-9094 | 561-737-3258 UtterbackT@bbfl.us | https://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. Disclaimer 42 3 Pursuant to Internal Revenue Service Circular 230, we are required to advise you that if there is any tax advice contained herein, it is not intended to be used, and cannot be used, by the addressee or any taxpayer, for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code. Privileged and Confidential: Unless otherwise indicated or obvious from the nature of the transmittal, the information contained in this message is privileged and/or confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby n otified that any dissemination, distribution or copying of this communication or any of the information in it is strictly prohibited. If you have received this communication in error, please advise the sender by reply e-mail and then delete the message. Thank you. The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distributio n or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. 43 1 Utterback, Theresa From:Kathryn Rossmell <krossmell@llw-law.com> Sent:Friday, December 16, 2022 2:28 PM To:Utterback, Theresa Subject:FW: Lease of 511 For your records! From: Lance Aker <laker@kappmorrison.com> Sent: Wednesday, December 14, 2022 1:54 PM To: Kathryn Rossmell <krossmell@llw-law.com> Subject: Re: Lease of 511 External Email Kathryn, just spoke with client. This lease is approved. Thanks Lance M. Aker Partner Kapp Morrison LLP On Dec 13, 2022, at 1:05 PM, Kathryn Rossmell <krossmell@llw-law.com> wrote: EXTERNAL EMAIL. Thank you! From: Lance Aker <laker@kappmorrison.com> Sent: Tuesday, December 13, 2022 11:16 AM To: Kathryn Rossmell <krossmell@llw-law.com> Subject: RE: Lease of 511 External Email I’ll follow up with client and try to get you a response today. Thanks. <image001.png> Lance M. Aker - v-card Lance M. Aker Partner 44 2 direct: 561.766.0007 main: 561.766.0011 7900 Glades Road, Suite 550 Boca Raton, FL 33434 www.kappmorrison.com Florida │ New York From: Kathryn Rossmell <krossmell@llw-law.com> Sent: Tuesday, December 13, 2022 10:16 AM To: Lance Aker <laker@kappmorrison.com> Subject: FW: Lease of 511 EXTERNAL EMAIL. Hi! Just following up – any issues with this? From: Kathryn Rossmell Sent: Wednesday, November 23, 2022 3:08 PM To: 'Lance Aker' <laker@kappmorrison.com> Subject: Lease of 511 Hi Lance! I hope all is well. Please find attached a draft lease the City and CRA are contemplating for 511 E Ocean Avenue. The City has not provided comments yet, but since this may go in December I wanted to shoot it over to you. Note that Paragraph 2 contains the following language: The Tenant or Landlord may terminate this lease for convenience and without penalty provided each party gives no less than sixty (60) days written notice to the other. Please let me know if you have any questions or concerns. I think Thuy may have alerted Jeff this was coming. Thanks, and Happy Thanksgiving! Kathryn B. Rossmell | Attorney 360 South Rosemary Avenue, Suite 1100 | West Palm Beach, Florida 33401 krossmell@llw-law.com | 561.640.0820 vCard | Website | Bio | join us online <image002.jpg> The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. Disclaimer Pursuant to Internal Revenue Service Circular 230, we are required to advise you that if there is any tax advice contained herein, it is not intended to be used, and cannot be used, by the addressee or any taxpayer, for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code. Privileged and Confidential: Unless otherwise indicated or obvious from the nature of the transmittal, the information contained in this message is privileged and/or confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication or any of the information in it is strictly prohibited. If you have received this communication in error, please advise the sender by reply e-mail and then delete the message. Thank you. The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and 45 3 others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. Disclaimer Pursuant to Internal Revenue Service Circular 230, we are required to advise you that if there is any tax advice contained herein, it is not intended to be used, and cannot be used, by the addressee or any taxpayer, for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code. Privileged and Confidential: Unless otherwise indicated or obvious from the nature of the transmittal, the information contained in this message is privileged and/or confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby n otified that any dissemination, distribution or copying of this communication or any of the information in it is strictly prohibited. If you have received this communication in error, please advise the sender by reply e-mail and then delete the message. Thank you. The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. 46 Lease Extension Agreement December ____, 2023 The Boynton Beach Community Redevelopment Agency (“Landlord”) and The City of Boynton Beach (“Tenant”) agree to extend that certain lease dated January 26, 2023 (“Lease”) on said premises known as 511 E Ocean Avenue, Boynton Beach, FL 33435. Pursuant to paragraph 2 of the Lease and f or good consideration, Landlord and Tenant agree to extend said Lease for a period of one (1) year, beginning on the 1st day of February, 2024, and terminating at midnight on the 31st day of January, 2025 (“lease extension period”). The Parties reserve the right, in their sole and absolute discretion, to terminate the Lease for convenience and without penalty provided each party gives no less than sixty (60) days written notice to the other. During the lease extension period, Tenant agrees to pay rent in the amount of $10.00 (Ten Dollars and 00/100) per month. Tenant, by executing below, accepts the condition of the Property in its current condition and saves, defends, and holds Landlord harmless from any and all liability, direct or indirect, resulting from Tenant’s use of the Property for the term stated herei n. This agreement shall be binding upon and shall insure the benefit of the parties, their successors, assigns, personal agents and managing members. All other terms and conditions of the Lease remain unchanged and in full force and effect. Boynton Beach Community Redevelopment Agency Landlord ____________________________________ Date ___________________ City of Boynton Beach Tenant ______________________________________ Date ___________________ 47 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 12, 2023 CONSENT AGENDA AGENDA ITEM 10.D SUBJECT: Approval of Final Reimbursement for the Commercial Property Improvement Grant Program for Southern Golf Cars, Inc. located at 425 NE 4th Street SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial costs associated with the construction, repair, and/or rehabilitation of commercial building improvements. The Commercial Property Improvement Grant Program provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. On March 9, 2022, the CRA Board awarded a Commercial Property Improvement Grant to Southern Golf Cars, Inc., located at 425 NE 4th Street, Boynton Beach, FL 33435 (see Attachments I - II). Southern Golf Cars, Inc. is the region's top-ranked dealer for golf cars. Southern Golf Cars is your one-stop shop for the hottest new recreational vehicles including utility, personal transport, and golf carts. They have been in operation since 1997 in Delray Beach. In 2021, the business decided to relocate and expand to three commercial properties totaling 11,164 square feet in Boynton Beach. By moving to Boynton, that allowed the business to expand by almost 50% in square footage. In addition to renovating and activating three vacant commercial properties, Southern Golf Cars brought their current staff of 14 employees and also allowed them to create eight additional full-time jobs ranging from a regional manager to sales managers to mechanics. Southern Golf Cars has been recognized by Yamaha Golf Car in receiving the President's Award and is a Club Car Black and Gold Elite dealer as well. The commercial property located at 425 NE 4th Street will act as the repair center, parts supply center and as an authorized Low Speed Vehicle, street legal golf cart sales center. Per the grant guidelines, the applicant has 180 days from permit approval to complete their project and submit for reimbursement. The project received their permit on March 23, 2022. The applicant had until September 19, 2022, to complete their project and submit for reimbursement. On August 30, 2022, the CRA received an email from a representative of Southern Golf Cars, Inc. requesting the 60-day administrative extension until November 18, 2022, which was approved by staff (see Attachment III). On October 24, 2022, CRA staff received a request for a 90-day extension in order for more 48 •Attachment I - Commercial Property Improvement Application •Attachment II - Location Map •Attachment III - 60-day Administrative Extension Approval •Attachment IV - 90-day Extension Request •Attachment V - Second 90-day Extension Request •Attachment VI - Third 90-day Extension Request •Attachment VII - Notice of Completion •Attachment VIII - Fourth 90-day Extension Request •Attachment IX - Final Reimbursement Request time to call for final inspections. The grantee had applied for the necessary permit revisions and needed more time to allow for City approvals and final inspections (see Attachment IV). This request was approved at the Board's December 13, 2022 meeting. On January 26, 2023, CRA staff received a second 90-day request for an extension to allow for more time to complete their project and submit for reimbursement (see Attachment V). They received the final City approval needed to resume work on the required permit revisions on January 11, 2023, and the contractor had approximately 4 weeks of work left to finalize construction. On April 20, 2023, CRA staff received a third 90-day request for an extension to allow for more time for additional revisions needed by City's Building Department fire review (see Attachment VI). This request was approved at the Board's May 9, 2023 meeting. On June 14, 2023, the project received its Notice of Completion (see Attachment VII). On August 28, 2023, CRA staff received a fourth 90-day extension request seeking more time to finalize the administrative paperwork that is required as part of the grant reimbursement process (see Attachment VIII). This request was approved at the Board's September 12, 2023 meeting and the grant was extended to November 13, 2023. On November 15, 2023, staff received a phone call from the grant recipient that the outstanding items were received from the general contractor. On November 16, 2023 a letter was sent requesting the Board's consideration for staff to process their final reimbursement after their November 13th deadline (see Attachment IX). The grant recipient has provided all of the necessary documents (Final Release of Lien, Notice of Completion, City and County Business Tax Receipts) in order to process the reimbursement request (see Attachment X). Staff supports this request. FISCAL IMPACT: FY 2023-2024 Budget Project Fund, Line Item 02-58400-444, $25,000. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve a waiver of the grant deadline and approve the final reimbursement request for the Commercial Property Improvement Grant for Southern Golf Cars, Inc. located at 425 NE 4th Street, Boynton Beach, FL 33435. ATTACHMENTS: Description 49 •Attachment X - Closeout Documents 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 1/12/22, 9:36 AM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434521260060010 1/1 View Property Record Owners CHOW HUT LLC Property D Location 425 NE Municipality BOYNTO Parcel No.084345 Subdivision ROBERT TOWN O IN Book 25413 Sale Date AUG-20 Mailing Address 2611 L BOYNT FL 334 Use Type 2700 -A Search by Owner, Address or Parcel 68 1 Nicklien, Bonnie From:Nicklien, Bonnie Sent:Tuesday, August 30, 2022 12:11 PM To:Ron Smith Cc:Steven Gonzalez; Jose A Herrera-Paez; Maria Smith Subject:Southern Golf Carts 60-day Grant Extension Approval Good Afternoon Ron, The CRA received your requests for the 60‐day administrative extension request allowed under the Commercial Property Improvement Grant for your grant applications at the following properties: 501 N. Federal Highway (Permit #21‐4166) 507 N. Federal Highway (Permit #21‐4053) 425 NE 4th Street (Permit #21‐3826) Your requests have been approved. Please calendar the following dates as the deadline to provide the documentation for the grant reimbursement for each property: 501 N. Federal Highway (Permit #21‐4166): extended 60‐days from September 19, 2022 to November 18, 2022 507 N. Federal Highway (Permit #21‐4053): extended 60‐days from September 7, 2022 to November 6, 2022 425 NE 4th Street (Permit #21‐3826): extended 60‐days from September 19, 2022 to November 18, 2022 The reimbursement package should include the following for each property: Signed permits (aka Notice of Completion or Certificate of Occupancy) City and County Business Tax Receipts Final Release of Lien from contractor for that specific property address Paid invoices for that specific property address Proofs of payments from Southern Golf Cars Inc to contractor (electronic proof of payment must show to, from date and amount or the front and back of cancelled check) Digital After Photos I’ll be in touch in a few weeks to see how things are going. In the meantime, please do not hesitate to reach out with any questions. Best Regards, Bonnie 69 1 Nicklien, Bonnie From:Ron Smith <ronsgc@icloud.com> Sent:Monday, October 24, 2022 9:48 PM To:Nicklien, Bonnie Cc:Maria Smith; Steven Gonzalez; Herrera-Paez, Jose A Subject:425 Revisions needed from city to proceed with work Good evening Bonnie. We have been trying very hard to get the work needed done in order to call for final inspections at the 425 building. Unfortunately even though the building department has had a request for revision for almost two months and we have paid an expedition fee according to our contractor, we are at a stand still on construction waiting for it to be approved. Our contractor states they only have about four weeks of actual work to do to finalize construction, but from our past experience the revision can take up to 8‐10 weeks even though we payed to have it expedited and then we need to factor in the upcoming holidays as well. Therefore we are requesting an extension of 90 days if at all possible. If there is anything else we may need to provide to you or do for this, please let me know so I can get it over to you as soon as possible. Thank you, have a great day. Ron Smith 305‐219‐5753 On Oct 24, 2022, at 10:22 AM, "Nicklien, Bonnie" <NicklienB@bbfl.us> wrote: Morning Ron, Hope you had a wonderful weekend! Just touching base on the permit inspections. Please let me know the status for each property. If an extension is requested for each property, please send me an email detailing the status of each property and the reason for the request for each property. Also include the requested extension time. Please keep in mind the upcoming holidays – I recommend adding some extra time to get past them. Once I know the latest, I will work on getting the agenda items in place for the November 9th meeting. Thanks for the update, 70 2 Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 <image182765.png> 561‐600‐9090 | <image835846.png> 561‐737‐3258 <image486143.png> NicklienB@bbfl.us | <image448974.png> http://www.boyntonbeachcra.com <image982534.png> <image019619.png> <image942160.png> America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Ron Smith <ronsgc@icloud.com> Sent: Wednesday, October 12, 2022 3:24 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Maria Smith <mariaisbel65@gmail.com> Subject: Re: Revisions in for approval from City Thank you Bonnie, you are the best, I will send you any updates I get so that we can stay on the same page. Have a great day. Ron Smith On Oct 12, 2022, at 3:16 PM, "Nicklien, Bonnie" <NicklienB@bbfl.us> wrote: Hi Ron, 71 3 Thank you for the detailed update. I recommend waiting a couple of weeks to see if the 501/507 items are resolved by then. If there are still outstanding inspections, we can move forward with the extension request for all of the grants on October 26th. I put it on my calendar to reach out to you on October 25th to find out the latest. In the meantime, I will continue to look at the permit system to see what updates are provided there. It looks like what you have below is matching the system. Not all of the comments are provided but the status seems to match. Please let me know if you have any questions. Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach, Florida 33435 <image355267.png> 561‐600‐9090 | <image132584.png> 561‐737‐3258 <image238080.png> NicklienB@bbfl.us | <image671224.png> http://www.boyntonbeachcra.com <image391534.png> <image577310.png> <image203309.png> America's Gateway to the Gulfstream 72 4 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subj disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication a your e‐mail address may be subject to public disclosure. From: Ron Smith <ronsgc@icloud.com> Sent: Wednesday, October 12, 2022 7:52 AM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Maria Smith <mariaisbel65@gmail.com> Subject: Re: Revisions in for approval from City Good morning Bonnie, Thank you for your email, the information your provided is very helpful and informative as always. I have been waiting for the contractor to get a set of inspections before contacting you. This was delayed due to closures from the hurricane and then the holiday on Monday according to our Contractor. I will probably need to request an extension on all three projects due to delays. Our contractor maintains that she has cleared up all revisions from the City on 501 and 507, but is at a stand still on work at 425 due to the fact that she is still waiting on a revision to be approved that she has even paid to expedite. Below is an update I was verbally given last night from the contractor. 501 ‐ Mike the inspector who must sign off on the building final told Sandra from Master Contractors that he could not sign off yesterday 10/11 because the approved electrical final is not signed off in the system. Mike is supposedly contacting the electrical inspector this morning 10/12 and have him sign off so that he (Mike) can sign off on the building final today, ultimately closing the permit. We have a temporary CO at this property and Sandra feels she has completed the necessary work to close the contract for this location. 507 ‐ The plumbing inspector required her to move the toilet 1" on the final yesterday, 10/11, though they had passed all previous inspections. She states that she only has to call for a final plumbing inspection again and for final fire inspection before she can get a building final, hopefully later this week. 73 5 425 ‐ Is still waiting on the City to finalize a revision that was requested several weeks ago and that the contractor paid to have expedited. She states she cannot move forward with any work until she gets the revised plans approved. Basically she is at a stand still on this building until then. I have tried to gain access to the Cities permit section so that I can personally check up on these permits and approvals/delays myself on a daily basis, but have not been able to do so. If you see any discrepancies in the information I provided or any other information please let me know, I would be grateful for any insight you might have on this. Our goal is to meet the current deadlines, but I believe it is probably best to go ahead and formally request an extension with you so that you can get it on the agenda. If we can get to the finish line on one or more of these projects before the next board meeting you could then possibly drop the request for extension as that it would no longer be needed. Would this make since on your end? I do not want to cause you unnecessary work or issues. Your help and information has been invaluable during this, I cannot thank you enough. Have a wonderful day. Ron Smith 305‐219‐5753 On Oct 11, 2022, at 1:09 PM, "Nicklien, Bonnie" <NicklienB@bbfl.us> wrote: ..Sorry, accidentally pressed send too soon. 74 6 Friendly reminder your grants expire on 11/6 & 11/18. If additional time is needed, future requests for extensions would need to go before the Board for approval. The next available meeting to make that request (if it is needed) is November 9th. In order to make the agenda packet, I would need a request in writing no later than October 28th. In that request please include your reason for your request and how much time is needed. I recommend requesting at least 90‐days due to the upcoming holiday season. Please reach out with any questions. Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach, Florida 33435 <image737054.png> 561‐600‐9090 | <image791067.png> 561‐737‐3258 <image511948.png> NicklienB@bbfl.us | <image157797.png> http://www.boyntonbeachcra.com <image544657.png> <image749021.png> <image446348.png> America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail commun your e‐mail address may be subject to public disclosure. From: Nicklien, Bonnie Sent: Tuesday, October 11, 2022 1:02 PM 75 7 To: 'Ron Smith' <ronsgc@icloud.com> Cc: 'Maria Smith' <mariaisbel65@gmail.com> Subject: RE: Revisions in for approval from City Hi Ron, Just touching base to get the latest on your inspections and your projects. From: Nicklien, Bonnie Sent: Wednesday, September 07, 2022 1:54 PM To: Ron Smith <ronsgc@icloud.com> Cc: Maria Smith <mariaisbel65@gmail.com> Subject: RE: Revisions in for approval from City Happy to help! From: Ron Smith <ronsgc@icloud.com> Sent: Wednesday, September 07, 2022 1:37 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Maria Smith <mariaisbel65@gmail.com> 76 8 Subject: Re: Revisions in for approval from City Thank you so much this is very helpful. Ron Smith On Sep 7, 2022, at 1:06 PM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Hi Ron, Yes, Labor day weekend was great, thank you! I just looked on the permit tracking system and it looks like the City is waiting on the contractor’s response to their comments. I have attached screen shots from the system (wish there was an easier way) so you can read through and see the comments yourself. I would touch base with your contractor to see if he has seen these. The 501/507 comments are on the images labeled 507 and 425 is saved separately. 1. 501/507 1. Electrical disapproved on 8/3/22 2. Fire disapproved on 8/1/22 3. Planning and Zoning disapproved on 8/25/22 4. Plumbing disapproved on 7/30/33 (read screen shots in order 1‐3 for them to make sense) 2. 425 1. Structural disapproved on 8/1/22 2. Planning and Zoning disapproved on 8/18/22 77 9 Please let me know when your contractor resubmits or if there is anything else I can do to help. Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 <image001.png> 561‐600‐9090 | <image002.png> 561‐737‐3258 <image003.png> NicklienB@bbfl.us | <image004.png> http://www.boyntonbeachcra.com <image005.png> <image006.png> <image007.png> <image008.jpg> America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via em disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail c your e‐mail address may be subject to public disclosure. From: Ron Smith <ronsgc@icloud.com> Sent: Wednesday, September 07, 2022 12:48 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Maria Smith <mariaisbel65@gmail.com> Subject: Revisions in for approval from City Good afternoon, 78 10 I hope you and your family are doing well and you had a wonderful Labor Day weekend. We are working with the contractor to get the permits closed and everything finalized. We are being told the revisions are taking a long time by the city by the contractor. I have no contacts or experience with the city and didn't know if you could give me any insight or help with this. Thank you Ron Smith <image009.jpg><image010.jpg><image011.jpg><image 012.jpg><image013.jpg><image014.jpg><image015.jpg ><image016.jpg> 79 1Nicklien, BonnieFrom:Ron Smith <ronsgc@icloud.com>Sent:Thursday, January 26, 2023 11:38 AMTo:Nicklien, BonnieCc:Maria Smith; Steven Gonzalez; Herrera-Paez, Jose ASubject:425 Revisions finalized, working on completing project Good afternoon Bonnie, I hope all is well. We have finally gotten the revisions for the 425 building finalized and the contractor has been able to resume work on the building. Unfortunately even though the building is almost done, we are not ready to submit documentation to you as of yet. We are requesting an extension of 90 days due to this situation. If there is anything else we may need to provide to you, please let me know so I can get it over to you as soon as possible. Thank you, have a great day. Ron Smith 305‐219‐5753 On Oct 24, 2022, at 9:48 PM, Ron Smith <ronsgc@icloud.com> wrote: Good evening Bonnie. We have been trying very hard to get the work needed done in order to call for final inspections at the 425 building. Unfortunately even though the building department has had a request for revision for almost two months and we have paid an expedition fee according to our contractor, we are at a stand still on construction waiting for it to be approved. Our contractor states they only have about four weeks of actual work to do to finalize construction, but from our past experience the revision can take up to 8‐10 weeks even though we payed to have it expedited and then we need to factor in the upcoming holidays as well. Therefore we are requesting an extension of 90 days if at all possible. If there is anything else we may need to provide to you or do for this, please let me know so I can get it over to you as soon as possible. Thank you, have a great day. Ron Smith 305‐219‐5753 80 2On Oct 24, 2022, at 10:22 AM, "Nicklien, Bonnie" <NicklienB@bbfl.us> wrote: Morning Ron, Hope you had a wonderful weekend! Just touching base on the permit inspections. Please let me know the status for each property. If an extension is requested for each property, please send me an email detailing the status of each property and the reason for the request for each property. Also include the requested extension time. Please keep in mind the upcoming holidays – I recommend adding some extra time to get past them. Once I know the latest, I will work on getting the agenda items in place for the November 9th meeting. Thanks for the update, Bonnie 81 3Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach, Florida 33435 <image182765.png> 561‐600‐9090 | <image835846.png> 561‐737‐3258 <image486143.png> NicklienB@bbfl.us | <image448974.png> http://www.boyntonbeachcra.com <image982534.png> <image019619.png> <image942160.png> America's Gateway to the GulfstreamPlease be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records lemail addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Ron Smith <ronsgc@icloud.com> Sent: Wednesday, October 12, 2022 3:24 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Maria Smith <mariaisbel65@gmail.com> Subject: Re: Revisions in for approval from City Thank you Bonnie, you are the best, I will send you any updates I get so that we can stay on the same page. Have a great day. Ron Smith 82 4On Oct 12, 2022, at 3:16 PM, "Nicklien, Bonnie" <NicklienB@bbfl.us> wrote: Hi Ron, Thank you for the detailed update. I recommend waiting a couple of weeks to see if the 501/507 items are resolved by then. If there are still outstanding inspections, we can move forward with the extension request for all of the grants on October 26th. I put it on my calendar to reach out to you on October 25th to find out the latest. In the meantime, I will continue to look at the permit system to see what updates are provided there. It looks like what you have below is matching the system. Not all of the comments are provided but the status seems to match. Please let me know if you have any questions. Bonnie 83 5 Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach, Florida 33435 <image355267.png> 561‐600‐9090 | <image132584.png> 561‐737‐3258 <image238080.png> NicklienB@bbfl.us | <image671224.png> http://www.boyntonbeachcra.com <image391534.png> <image577310.png> <image203309.png> America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida remail addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Ron Smith <ronsgc@icloud.com> Sent: Wednesday, October 12, 2022 7:52 AM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Maria Smith <mariaisbel65@gmail.com> Subject: Re: Revisions in for approval from City Good morning Bonnie, 84 6Thank you for your email, the information your provided is very helpful and informative as always. I have been waiting for the contractor to get a set of inspections before contacting you. This was delayed due to closures from the hurricane and then the holiday on Monday according to our Contractor. I will probably need to request an extension on all three projects due to delays. Our contractor maintains that she has cleared up all revisions from the City on 501 and 507, but is at a stand still on work at 425 due to the fact that she is still waiting on a revision to be approved that she has even paid to expedite. Below is an update I was verbally given last night from the contractor. 501 ‐ Mike the inspector who must sign off on the building final told Sandra from Master Contractors that he could not sign off yesterday 10/11 because the approved electrical final is not signed off in the system. Mike is supposedly contacting the electrical inspector this morning 10/12 and have him sign off so that he (Mike) can sign off on the building final today, ultimately closing the permit. We have a temporary CO at this property and Sandra feels she has completed the necessary work to close the contract for this location. 507 ‐ The plumbing inspector required her to move the toilet 1" on the final yesterday, 10/11, though they had passed all previous inspections. She states that she only has to call for a final plumbing inspection again and for final fire inspection before she can get a building final, hopefully later this week. 425 ‐ Is still waiting on the City to finalize a revision that was requested several weeks ago and that the contractor paid to have expedited. She states she cannot move forward with any work until she gets the revised plans approved. Basically she is at a stand still on this building until then. I have tried to gain access to the Cities permit section so that I can personally check up on these permits and approvals/delays myself on a daily basis, but have not been able to do so. If you see any discrepancies in the information I provided or any other information please let me know, I would be grateful for any insight you might have on this. 85 7Our goal is to meet the current deadlines, but I believe it is probably best to go ahead and formally request an extension with you so that you can get it on the agenda. If we can get to the finish line on one or more of these projects before the next board meeting you could then possibly drop the request for extension as that it would no longer be needed. Would this make since on your end? I do not want to cause you unnecessary work or issues. Your help and information has been invaluable during this, I cannot thank you enough. Have a wonderful day. Ron Smith 305‐219‐5753 On Oct 11, 2022, at 1:09 PM, "Nicklien, Bonnie" <NicklienB@bbfl.us> wrote: ..Sorry, accidentally pressed send too soon. Friendly reminder your grants expire on 11/6 & 11/18. 86 8If additional time is needed, future requests for extensions would need to go before the Board for approval. The next available meeting to make that request (if it is needed) is November 9th. In order to make the agenda packet, I would need a request in writing no later than October 28th. In that request please include your reason for your request and how much time is needed. I recommend requesting at least 90‐days due to the upcoming holiday season. Please reach out with any questions. Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 <image737054.png> 561‐600‐9090 | <image791067.png> 561‐737‐3258 <image511948.png> NicklienB@bbfl.us | <image157797.png> http://www.boyntonbeachcra.com <image544657.png> <image749021.png> <image446348.png> America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. 87 9From: Nicklien, Bonnie Sent: Tuesday, October 11, 2022 1:02 PM To: 'Ron Smith' <ronsgc@icloud.com> Cc: 'Maria Smith' <mariaisbel65@gmail.com> Subject: RE: Revisions in for approval from City Hi Ron, Just touching base to get the latest on your inspections and your projects. From: Nicklien, Bonnie Sent: Wednesday, September 07, 2022 1:54 PM To: Ron Smith <ronsgc@icloud.com> Cc: Maria Smith <mariaisbel65@gmail.com> Subject: RE: Revisions in for approval from City Happy to help! 88 10 From: Ron Smith <ronsgc@icloud.com> Sent: Wednesday, September 07, 2022 1:37 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Maria Smith <mariaisbel65@gmail.com> Subject: Re: Revisions in for approval from City Thank you so much this is very helpful. Ron Smith On Sep 7, 2022, at 1:06 PM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Hi Ron, Yes, Labor day weekend was great, thank you! 89 11I just looked on the permit tracking system and it looks like the City is waiting on the contractor’s response to their comments. I have attached screen shots from the system (wish there was an easier way) so you can read through and see the comments yourself. I would touch base with your contractor to see if he has seen these. The 501/507 comments are on the images labeled 507 and 425 is saved separately. 1. 501/507 1. Electrical disapproved on 8/3/22 2. Fire disapproved on 8/1/22 3. Planning and Zoning disapproved on 8/25/22 4. Plumbing disapproved on 7/30/33 (read screen shots in order 1‐3 for them to make sense) 2. 425 1. Structural disapproved on 8/1/22 2. Planning and Zoning disapproved on 8/18/22 Please let me know when your contractor resubmits or if there is anything else I can do to help. Best Regards, Bonnie 90 12 Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 <image001.png> 561‐600‐9090 | <image002.png> 561‐737‐3258 <image003.png> NicklienB@bbfl.us | <image004.png> http://www.boyntonbeachcra.com <image005.png> <image006.png> <image007.png> <image008.jpg> America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosureemail addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public discl From: Ron Smith <ronsgc@icloud.com> Sent: Wednesday, September 07, 2022 12:48 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Maria Smith <mariaisbel65@gmail.com> Subject: Revisions in for approval from City Good afternoon, 91 13 I hope you and your family are doing well and you had a wonderful Labor Day weekend. We are working with the contractor to get the permits closed and everything finalized. We are being told the revisions are taking a long time by the city by the contractor. I have no contacts or experience with the city and didn't know if you could give me any insight or help with this. Thank you Ron Smith <image009.jpg><image010.jpg><image011.jpg><image012.jpg><image013.jpg><image014.jpg><image015.jpg><image016.jpg> 92 1 Nicklien, Bonnie From:Ron Smith <ronsgc@icloud.com> Sent:Thursday, April 20, 2023 7:23 AM To:Nicklien, Bonnie Cc:Maria Smith Subject:Re: 425 Revisions finalized, working on completing project Bonnie, Good morning, I hope all is well. Our contractor has been working diligently to get the permits on 425 closed out and has ran into another issue that has required a revision with the City. I am being told the revision is again waiting on fire to sign off which has been very time consuming in the past. Once this is signed off we should have all finals closed and we will just need to wait on the CO from the city to complete this project. I am not anticipating this to be complete by our May deadline and I am asking for a 90 day extension to insure we can get this done and closed. Please let me know if you will need anything else to accompany this request. I appreciate your time, patience and guidance on helping us get through this process. Have a great day. Ron Smith 305‐219‐5753 On Jan 26, 2023, at 11:37 AM, Ron Smith <ronsgc@icloud.com> wrote: Good afternoon Bonnie, I hope all is well. We have finally gotten the revisions for the 425 building finalized and the contractor has been able to resume work on the building. Unfortunately even though the building is almost done, we are not ready to submit documentation to you as of yet. We are requesting an extension of 90 days due to this situation. If there is anything else we may need to provide to you, please let me know so I can get it over to you as soon as possible. Thank you, have a great day. Ron Smith 305‐219‐5753 On Oct 24, 2022, at 9:48 PM, Ron Smith <ronsgc@icloud.com> wrote: Good evening Bonnie. We have been trying very hard to get the work needed done in order to call for final inspections at the 425 building. Unfortunately even though the building department has had a request for revision for almost two months and we have paid an expedition 93 2 fee according to our contractor, we are at a stand still on construction waiting for it to be approved. Our contractor states they only have about four weeks of actual work to do to finalize construction, but from our past experience the revision can take up to 8‐ 10 weeks even though we payed to have it expedited and then we need to factor in the upcoming holidays as well. Therefore we are requesting an extension of 90 days if at all possible. If there is anything else we may need to provide to you or do for this, please let me know so I can get it over to you as soon as possible. Thank you, have a great day. Ron Smith 305‐219‐5753 On Oct 24, 2022, at 10:22 AM, "Nicklien, Bonnie" <NicklienB@bbfl.us> wrote: Morning Ron, Hope you had a wonderful weekend! Just touching base on the permit inspections. Please let me know the status for each property. If an extension is requested for each property, please send me an email detailing the status of each property and the reason for the request for each property. Also include the requested extension time. Please keep in mind the upcoming holidays – I recommend adding some extra time to get past them. Once I know the latest, I will work on getting the agenda items in place for the November 9th meeting. Thanks for the update, Bonnie 94 3 Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach, Florida 33435 <image182765.png> 561‐600‐9090 | <image835846.png> 561‐737‐3258 <image486143.png> NicklienB@bbfl.us | <image448974.png> http://www.boyntonbeachcra.com <image982534.png> <image019619.png> <image942160.png> America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail commun your e‐mail address may be subject to public disclosure. From: Ron Smith <ronsgc@icloud.com> Sent: Wednesday, October 12, 2022 3:24 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Maria Smith <mariaisbel65@gmail.com> Subject: Re: Revisions in for approval from City Thank you Bonnie, you are the best, I will send you any updates I get so that we can stay on the same page. Have a great day. Ron Smith On Oct 12, 2022, at 3:16 PM, "Nicklien, Bonnie" <NicklienB@bbfl.us> wrote: Hi Ron, 95 4 Thank you for the detailed update. I recommend waiting a couple of weeks to see if the 501/507 items are resolved by then. If there are still outstanding inspections, we can move forward with the extension request for all of the grants on October 26th. I put it on my calendar to reach out to you on October 25th to find out the latest. In the meantime, I will continue to look at the permit system to see what updates are provided there. It looks like what you have below is matching the system. Not all of the comments are provided but the status seems to match. Please let me know if you have any questions. Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach, Florida 33435 <image355267.png> 561‐600‐9090 | <image132584.png> 561‐737‐3258 <image238080.png> NicklienB@bbfl.us | <image671224.png> http://www.boyntonbeachcra.com <image391534.png> <image577310.png> <image203309.png> America's Gateway to the Gulfstream 96 5 Please be advised that Florida has a broad public records law and all correspondence to me via em disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail c your e‐mail address may be subject to public disclosure. From: Ron Smith <ronsgc@icloud.com> Sent: Wednesday, October 12, 2022 7:52 AM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Maria Smith <mariaisbel65@gmail.com> Subject: Re: Revisions in for approval from City Good morning Bonnie, Thank you for your email, the information your provided is very helpful and informative as always. I have been waiting for the contractor to get a set of inspections before contacting you. This was delayed due to closures from the hurricane and then the holiday on Monday according to our Contractor. I will probably need to request an extension on all three projects due to delays. Our contractor maintains that she has cleared up all revisions from the City on 501 and 507, but is at a stand still on work at 425 due to the fact that she is still waiting on a revision to be approved that she has even paid to expedite. Below is an update I was verbally given last night from the contractor. 501 ‐ Mike the inspector who must sign off on the building final told Sandra from Master Contractors that he could not sign off yesterday 10/11 because the approved electrical final is not signed off in the system. Mike is supposedly contacting the electrical inspector this morning 10/12 and have him sign off so that he (Mike) can sign off on the building final today, ultimately closing the permit. We have a temporary CO at this property and Sandra feels she has completed the necessary work to close the contract for this location. 97 6 507 ‐ The plumbing inspector required her to move the toilet 1" on the final yesterday, 10/11, though they had passed all previous inspections. She states that she only has to call for a final plumbing inspection again and for final fire inspection before she can get a building final, hopefully later this week. 425 ‐ Is still waiting on the City to finalize a revision that was requested several weeks ago and that the contractor paid to have expedited. She states she cannot move forward with any work until she gets the revised plans approved. Basically she is at a stand still on this building until then. I have tried to gain access to the Cities permit section so that I can personally check up on these permits and approvals/delays myself on a daily basis, but have not been able to do so. If you see any discrepancies in the information I provided or any other information please let me know, I would be grateful for any insight you might have on this. Our goal is to meet the current deadlines, but I believe it is probably best to go ahead and formally request an extension with you so that you can get it on the agenda. If we can get to the finish line on one or more of these projects before the next board meeting you could then possibly drop the request for extension as that it would no longer be needed. Would this make since on your end? I do not want to cause you unnecessary work or issues. Your help and information has been invaluable during this, I cannot thank you enough. Have a wonderful day. Ron Smith 305‐219‐5753 98 7 On Oct 11, 2022, at 1:09 PM, "Nicklien, Bonnie" <NicklienB@bbfl.us> wrote: ..Sorry, accidentally pressed send too soon. Friendly reminder your grants expire on 11/6 & 11/18. If additional time is needed, future requests for extensions would need to go before the Board for approval. The next available meeting to make that request (if it is needed) is November 9th. In order to make the agenda packet, I would need a request in writing no later than October 28th. In that request please include your reason for your request and how much time is needed. I recommend requesting at least 90‐days due to the upcoming holiday season. Please reach out with any questions. Bonnie 99 8 Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 <image737054.png> 561‐600‐9090 | <image791067.png> 561‐737‐3258 <image511948.png> NicklienB@bbfl.us | <image157797.png> http://www.boyntonbeachcra.com <image544657.png> <image749021.png> <image446348.png> America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to m disclosure.Under Florida records law, email addresses are public records. Therefore, your your e‐mail address may be subject to public disclosure. From: Nicklien, Bonnie Sent: Tuesday, October 11, 2022 1:02 PM To: 'Ron Smith' <ronsgc@icloud.com> Cc: 'Maria Smith' <mariaisbel65@gmail.com> Subject: RE: Revisions in for approval from City Hi Ron, Just touching base to get the latest on your inspections and your projects. From: Nicklien, Bonnie Sent: Wednesday, September 07, 2022 1:54 PM 100 9 To: Ron Smith <ronsgc@icloud.com> Cc: Maria Smith <mariaisbel65@gmail.com> Subject: RE: Revisions in for approval from City Happy to help! From: Ron Smith <ronsgc@icloud.com> Sent: Wednesday, September 07, 2022 1:37 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Maria Smith <mariaisbel65@gmail.com> Subject: Re: Revisions in for approval from City Thank you so much this is very helpful. Ron Smith On Sep 7, 2022, at 1:06 PM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Hi Ron, 101 10 Yes, Labor day weekend was great, thank you! I just looked on the permit tracking system and it looks like the City is waiting on the contractor’s response to their comments. I have attached screen shots from the system (wish there was an easier way) so you can read through and see the comments yourself. I would touch base with your contractor to see if he has seen these. The 501/507 comments are on the images labeled 507 and 425 is saved separately. 1. 501/507 1. Electric al disappr oved on 8/3/22 2. Fire disappr oved on 8/1/22 3. Plannin g and Zoning disappr oved on 102 11 8/25/2 2 4. Plumbi ng disappr oved on 7/30/3 3 (read screen shots in order 1‐3 for them to make sense) 2. 425 1. Structu ral disappr oved on 8/1/22 2. Plannin g and Zoning disappr oved on 8/18/2 2 Please let me know when your contractor resubmits or if there is anything else I can do to help. Best Regards, Bonnie 103 12 Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 <image001.png> 561‐600‐9090 | <image002.png> 561‐737‐3258 <image003.png> NicklienB@bbfl.us | <image004.png> http://www.boyntonbeachcra.com <image005.png> <image006.png> <image007.png> <image008.jpg> America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all corresponde disclosure.Under Florida records law, email addresses are public records. Therefo your e‐mail address may be subject to public disclosure. From: Ron Smith <ronsgc@icloud.com> Sent: Wednesday, September 07, 2022 12:48 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Maria Smith <mariaisbel65@gmail.c om> Subject: Revisions in for approval from City Good afternoon, I hope you and your family are doing well and you had a wonderful Labor Day weekend. 104 13 We are working with the contractor to get the permits closed and everything finalized. We are being told the revisions are taking a long time by the city by the contractor. I have no contacts or experience with the city and didn't know if you could give me any insight or help with this. Thank you Ron Smith <image009.jpg><image 010.jpg><image011.jpg ><image012.jpg><imag e013.jpg><image014.jp g><image015.jpg><ima ge016.jpg> 105 CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT | BUILDING DIVISION 100 East Boynton Beach Boulevard • Boynton Beach, FL 33425 • (561) 742-6350 • Fax 742-6357 N O T I C E O F C O M P L E T I O N Issue Date....................6/14/23 Property Address..............425 NE 4TH ST BB Application Number............21-00003826 Application Date..............July 25, 2021 Description of Work...........Bathroom Remodel and new window, door and garage door Owner.........................CHOW HUT LLC 2611 LAKE DR N BOYNTON BEACH FL 33435 Contractor....................MASTER CONTRACTORS INC 6476 KRISTEN WAY LAKE WORTH FL 33467 Printed by....................____________________________ 106 1 Nicklien, Bonnie From:Ron Smith <ronsgc@icloud.com> Sent:Monday, August 28, 2023 12:39 PM To:Nicklien, Bonnie Cc:Steven Gonzalez; Herrera-Paez, Jose A; Maria Smith Subject:Extension Request for 425 NE 4 St. Re: Request for Extension for CRA funds release for 425 NE 4th Street, Boynton Beach, FL 33435. Dear Ms. Nicklien: We would like to formally request an extension for the building located at 425 NE 4th Street, Boynton Beach, FL 33435, which we understand will be considered at the September 12, 2023,Board meeting. We have successfully obtained our Certificate of Occupancy (CO) and closed out all permits as required by the CRA, but the new owners of Southern Golf Cars, Inc. have not accepted the work as final, though the contractor has completed the punch‐list work previously requested. There is also a final payment in the amount of $5,500.00 owed by the new owners to the contractor. This amount is being held in escrow by a third‐party escrow agent, who is requiring consent from both the current owners and us (we have already provided our consent) in order to release the funds. As a result, the Contractor has not yet issued a final release of lien. We are hopeful that we will have all of this resolved prior to the Board meeting, if we are not able to have this resolved we are asking for an extension of 90 days so that we can have the opportunity to try to take other legal action to close this out. I thank you for everything you have done throughout this process and the guidance you have given us. If you should need any other information, please let me know. Thank you for your time. Best Regards, Walter R. Smith (Ron) On Aug 28, 2023, at 11:29 AM, "Nicklien, Bonnie" <NicklienB@bbfl.us> wrote: Oh no! Do you live on the west coast now? Stay safe!! 107 2 Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach, Florida 33435 <image093537.png> 561‐600‐9090 | <image701803.png> 561‐737‐3258 <image824644.png> NicklienB@bbfl.us | <image257966.png> https://www.boyntonbeachcra.com <image481357.png> <image100646.png> <image435454.png> America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subj disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication a your e‐mail address may be subject to public disclosure. From: Ron Smith <ronsgc@icloud.com> Sent: Monday, August 28, 2023 9:15 AM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Steven Gonzalez <SGonzalez@wwhgd.com>; Herrera‐Paez, Jose A <JHerrera‐ Paez@wwhgd.com>; Maria Smith <mariaisbel65@icloud.com> Subject: Re: Partial lean Good Morning Bonnie I am just waiting for my lawyers to respond to make sure I am ok with the verbiage on my request. Preparing for hurricane so I will try and make sure to turn it around to you as soon as I see it. Thank you. Ron Smith On Aug 28, 2023, at 9:01 AM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: 108 3 Hi Ron, Hope you had a great weekend! Just one last reminder of tomorrow’s deadline. Thank you, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach, Florida 33435 <image477125.png> 561‐600‐9090 | <image806358.png> 561‐737‐3258 <image754964.png> NicklienB@bbfl.us | <image294929.png> https://www.boyntonbeachcra.com <image082259.png> <image718625.png> <image487007.png> <image001.jpg> America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail commun your e‐mail address may be subject to public disclosure. From: Nicklien, Bonnie Sent: Thursday, August 24, 2023 1:13 PM To: Ron Smith <ronsgc@icloud.com> 109 4 Cc: Steven Gonzalez <SGonzalez@wwhgd.com>; Herrera‐Paez, Jose A <JHerrera‐Paez@wwhgd.com>; Maria Smith <mariaisbel65@icloud.com> Subject: RE: Partial lean Hi Ron, Just a friendly reminder that I need your request for an extension no later than Tuesday, August 29th. Thank you, Bonnie From: Ron Smith <ronsgc@icloud.com> Sent: Tuesday, August 15, 2023 2:04 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Steven Gonzalez <SGonzalez@wwhgd.com>; Herrera‐Paez, Jose A <JHerrera‐Paez@wwhgd.com>; Maria Smith <mariaisbel65@icloud.com> Subject: Re: Partial lean Thank you so much Ron Smith 110 5 On Aug 15, 2023, at 1:56 PM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: I will use this email as a tentative placeholder to add to your grant file acknowledging your request for an extension. Please provide a more formal request that will go in the Board agenda no later than August 28th so I can add you to the September 12th agenda. Let me know if you have any questions. Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach, Florida 33435 <image168188.png> 561‐600‐9090 | <image260281.png> 561‐737‐3258 <image657411.png> NicklienB@bbfl.us | <image604166.png> https://www.boyntonbeachcra.com <image574221.png> <image207540.png> <image919088.png> <image001.jpg> America's Gateway to the Gulfstream 111 6 Please be advised that Florida has a broad public records law and all correspondence to me via em disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail c your e‐mail address may be subject to public disclosure. From: Ron Smith <ronsgc@icloud.com> Sent: Tuesday, August 15, 2023 1:53 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Steven Gonzalez <SGonzalez@wwhgd.com>; Herrera‐Paez, Jose A <JHerrera‐Paez@wwhgd.com>; Maria Smith <mariaisbel65@icloud.com> Subject: Re: Partial lean Bonnie We do want to apply for an extension. I need to put it together and get it approve by my attorney. How do you want me to proceed Ron Smith On Aug 15, 2023, at 12:13 PM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Hi Ron, Just a friendly reminder – 112 7 Please let me know before the end of the day what you prefer to do with the grant. Thank you, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach, Florida 33435 <image655221.png> 561‐600‐9090 | <image261245.png> 561‐737‐3258 <image259198.png> NicklienB@bbfl.us | <image470725.png> https://www.boyntonbeachcra.com <image323956.png> <image961937.png> <image712300.png> <image001.jpg> America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to m disclosure.Under Florida records law, email addresses are public records. Therefore, your your e‐mail address may be subject to public disclosure. From: Nicklien, Bonnie Sent: Monday, August 14, 2023 8:50 AM To: Ron Smith <ronsgc@icloud.com> Cc: Steven Gonzalez <SGonzalez@wwhgd.com>; Herrera‐ Paez, Jose A <JHerrera‐ Paez@wwhgd.com>; Maria Smith <mariaisbel65@icloud.com> 113 8 Subject: RE: Partial lean Morning Ron, Because your grant deadline is end of day tomorrow, you have two options for reimbursement: Option 1: Close out the grant this week with a Partial Reimbursement and forfeit the balance. If so, I need the following: 1. Partial Release of Lien from contractor for 425 (received) 2. Certificate of Occupancy 3. Payments to contractor for 425 totaling at least $25,000 in eligible expenses to get the max partial reimbursement of $12,500 4. Final paid invoices for 425 5. After Photos if you have them (I took exterior after photos, do you have any interior?) Option 2: Go to the Board at the September 12th Board meeting to request an extension: 1. Would need this request in writing before the end of the day tomorrow (August 15th) 2. Pending the Board’s approval of an extension, I would need the following to give a final reimbursement: 1. Final Release of Lien from contractor for 425 2. Certificate of Occupancy 114 9 3. Final Payments to contractor for 425 totaling at least $50,000 in eligible expenses in order to receive the full reimbursement of $25,000 4. Final paid invoice for 425 5. After Photos if you have them (I took exterior after photos, do you have any interior?) Please let me know before end of day tomorrow. Best Regards, Bonnie From: Ron Smith <ronsgc@icloud.com> Sent: Monday, August 14, 2023 7:52 AM To: Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Steven Gonzalez <SGonzalez@wwhgd.com>; Herrera‐ Paez, Jose A <JHerrera‐ 115 10 Paez@wwhgd.com>; Maria Smith <mariaisbel65@icloud.com> Subject: Re: Partial lean Good morning Bonnie, I appreciate your time and patience with this matter. I am awaiting a response from my attorneys on how to proceed as that I do not want to overstep my bounds. With this we could start working on a partial if I am correct? Looking forward to getting this finalized once and for all, one way or another. Ron On Aug 10, 2023, at 7:28 AM, "Nicklien, Bonnie" <NicklienB@bbfl.us> wrote: Hi Ron, I received the partial release. I also spoke with executive staff and our legal team regarding 116 11 another extension. I didn’t share too much but the general situation you are facing. If you would like to go before the September Board to request an extension you may do so but you need to provide general information for the delay in processing reimbursement. At this point, it wouldn’t be because of any City permitting/inspection process so you would need to explain the reason for an extension. You may not be able to give full details because of the current situation but again would have to provide some information for the Board to consider another extension. Please let me know if you want to pursue an extension on the September 12th Board meeting or prefer to close out the grant on 425 with a partial reimbursement. Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach, Florida 33435 117 12 <image734593.png> 561‐600‐9090 | <image877186.png> 561‐737‐3258 <image624524.png> NicklienB@bbfl.us | <image474238.png> https://www.boyntonbeachcra.com <image140140.png> <image154331.png> <image121774.png> America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all corresponde disclosure.Under Florida records law, email addresses are public records. Therefo your e‐mail address may be subject to public disclosure. From: Ron Smith <ronsgc@icloud.com> Sent: Wednesday, August 9, 2023 5:22 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: Fwd: Partial lean Ron Smith Begin forwarded message: From: Ron Smith <ronsgc @iclou d.com> Date: August 9, 2023 at 5:18:57 PM EDT To: Steven 118 13 Gonzal ez <SGonz alez@w whgd.c om>, "Jose A. Herrera ‐Paez" <JHerre ra‐ Paez@ wwhgd. com>, Maria Smith <mariai sbel65 @gmail .com> Subject : Fwd: Partial lean Ron Smith Begin forward ed messag e: F r o m : " M a s t e r C o n 119 14 t r a c t o r s . " < m a s t e r c o n t r a c t o r s @ m s n . c o m > D a t e : A u g u s t 9 , 2 120 15 0 2 3 a t 4 : 5 1 : 3 2 P M E D T T o : R o n S m i t h < r o n s g c @ i c l o u d . c o m > S u b 121 16 j e c t : P a r t i a l l e a n M a i d e l i n M i r a n d a A d m i n A s s i s t a 122 17 n t <image001.jpg> <image002.jpg> 6 4 7 6 K i r s t e n W a y L a k e W o r t h , F L 3 3 4 6 7 O f f i c e : 5 6 1 ‐ 7 1 2 ‐ 8 8 9 8 C e l 123 18 l : 5 6 1 ‐ 2 4 8 ‐ 5 4 9 8 C G C 0 5 8 0 5 4 C C C 0 5 7 7 5 3 124 501 N Federal Hwy. 12162 SW 114th Place Boynton Beach, Fl 33435 Miami, Fl 33176 561.499.7390 305.254.1997 November 16, 2023 Southern Golf Cars has completed a renovation at 501-507 N Federal Hwy and 425 NE 4th Street in Boynton Beach. Due to some unforeseen issues and delays, some of the administrative paperwork needed for the final reimbursement were received after the November 13th deadline. However, the 425 NE 4th Street project paperwork is now complete and all the necessary items have been provided to the City of Boynton Beach. We are requesting the Board’s consideration for final reimbursement. Thank you for your consideration. We are happy to be part of the Boynton Beach Community and feel strongly that the renovations to our buildings have enhanced the area. Peter Weiner CEO Southern Golf Cars 125 10/31/23, 11:44 AM Business Account Detail https://pbctax.publicaccessnow.com/BusinessTax/Account.aspx?p=199512571&a=1840859 1/2 Last updated: 10/31/2023 11:43:55 AM Important Notice to Business Tax Payer Local business tax receipts expire September 30 and may be renewed on or after July 1. Delinquent business taxes are payable online. Local business tax receipts not renewed by September 30 are delinquent and subject to a delinquency penalty of ten percent for the month of October, plus an additional five percent for each month of delinquency. Total Payable: $0.00 Business Tax - Recently Paid ReturnNew SearchPrint Page Business Account Information LBTR Num: 199512571 Business Name: SOUTHERN GOLF CARS LLC Mailing Address: 501 N FEDERAL HWY BOYNTON BEACH FL 33435 Tax Type: 81-0065 Location Address: 425 NE 4TH ST BOYNTON BEACH, FL 33435 DBA: SOUTHERN GOLF CARS Status: Active License Cert Number: N/A Business Start Date: 3/24/95 Owner Name: SOUTHERN GOLF CARS LLC Business Tax Receipt Add Business Tax bills to the cart then select cart icon ( ) above to checkout. B i l l Y e a r : 2 0 2 4 |B i l l T y p e : O r i g i n a l |B i l l N o : B 4 0 2 0 6 1 1 5 P a i d V i e w I n f o B i l l Y e a r : 2 0 2 3 |B i l l T y p e : O r i g i n a l |B i l l N o : B 4 0 1 2 5 3 3 3 P a i d V i e w I n f o B i l l Y e a r : 2 0 2 2 |B i l l T y p e : O r i g i n a l |B i l l N o : B 4 0 1 2 7 8 8 5 P a i d V i e w I n f o B i l l Y e a r : 2 0 2 1 |B i l l T y p e : O r i g i n a l |B i l l N o : B 4 0 1 2 9 5 0 5 $0.00C H E C K O U T Home Property Tax Business Tax Tangible Tax Tourist Development Tax Checkout 126 10/31/23, 11:44 AM Business Account Detail https://pbctax.publicaccessnow.com/BusinessTax/Account.aspx?p=199512571&a=1840859 2/2 Copyright 2023 Aumentum Technologies Privacy Statement EB2 P a i d V i e w I n f o B i l l Y e a r : 2 0 2 0 |B i l l T y p e : O r i g i n a l |B i l l N o : B 4 0 1 3 0 2 2 7 P a i d V i e w I n f o Payment Info - Select to Expand Payment Histor y for Business Tax Receipt 127 11/15/23, 4:30 PM Click2Gov Business Tax Receipts - Tax Receipt Search Results https://byb2-egov.aspgov.com/Click2GovOL/businesslicensesearch.html?OWASP_CSRFTOKEN=AYYZ-JLCO-BU64-6IMP-WSKG-BO6S-7Y4S-IE8C&controlNumber=39085&controlSearch=Y&paging.mode=1&post…1/1 Tax Receipts Please select a Tax Receipt from list: View report with all Tax Receipts matching this criteria » 24-00058975 CERT OF USE & OCC COMM ACTIVE 24-00058974 GOLF PERIPHERAL REPAIRS ACTIVE 24-00058973 RENTAL SERVICE ACTIVE 24-00058972 MERCHANT, RETAIL(INVENTORY)ACTIVE 23-00058975 CERT OF USE & OCC COMM RENEWED 23-00058974 GOLF PERIPHERAL REPAIRS RENEWED 23-00058973 RENTAL SERVICE RENEWED 23-00058972 MERCHANT, RETAIL(INVENTORY)RENEWED Tax Receipt Number ↑↓Classification ↑↓Status ↑↓ Showing 1 to 8 of 8 entries Click2GovOL 128 CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT | BUILDING DIVISION 100 East Boynton Beach Boulevard • Boynton Beach, FL 33425 • (561) 742-6350 • Fax 742-6357 N O T I C E O F C O M P L E T I O N Issue Date....................6/14/23 Property Address..............425 NE 4TH ST BB Application Number............21-00003826 Application Date..............July 25, 2021 Description of Work...........Bathroom Remodel and new window, door and garage door Owner.........................CHOW HUT LLC 2611 LAKE DR N BOYNTON BEACH FL 33435 Contractor....................MASTER CONTRACTORS INC 6476 KRISTEN WAY LAKE WORTH FL 33467 Printed by....................____________________________ 129 130 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 12, 2023 CONSENT AGENDA AGENDA ITEM 10.E SUBJECT: Approval of the Commercial Property Improvement Grant Program in the Amount of $22,185 to Bi-Square Inc. located at 1080 S. Federal Highway SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial build-out costs associated with the construction, repaid, and/or rehabilitation of commercial building improvement. The Commercial Property Improvement Grant Programs provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. The Program also provides funding assistance related to the design fees for architectural, electrical, civil, mechanical, and/or plumbing improvements for eligible property improvements. Applicants are eligible to receive 50% of the applicant's project budget for design fees up to a maximum amount of $10,000. CRA staff has received a complete grant application from Bi-Square Inc. located at 1080 S. Federal Highway, Boynton Beach, FL 33435 (see Attachments I-III). Bi-Square Inc. has owned the 1,683 square foot commercial property since 2011 and performed various renovations in 2012, 2015 and 2019. The property is currently leased to two professional office uses. As a commercial property owner, the applicant falls under the terms of a Tier II business as outlined in the grant application. The applicant is seeking reimbursement for a roof replacement and parking lot improvements. The total cost of eligible property improvements is approximately $36,975 (see Attachment IV). Per the grant application, grant funding for roof repair or replacement cannot exceed 50% of the total grant award of $25,000. If approved, the applicant is eligible to receive a maximum grant of $22,185 ($10,545 for the roof and up to $7,942.50 for the parking lot which includes a 20% contingency) in reimbursable funding for the property improvements provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff for approval. FISCAL IMPACT: 131 •Attachment I - Commercial Property Improvement Grant Application •Attachment II - Location Map •Attachment III - Warranty Deed •Attachment IV - Project Quotes FY 2022-2023 Budget Project Fun, line Item 02-58400-444, $22,185 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Property Improvement Grant not to exceed the maximum grant award of $22,185 to Bi-Square Inc. located at 1080 S. Federal Highway, Boynton Beach, FL 33435. ATTACHMENTS: Description 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 11/27/23, 3:00 PM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528240000030 1/1 View Property Record Owners BI SQUARE INC Property Detail Location 1080 S FEDERAL HWY Municipality BOYNTON BEACH Parcel No.08434528240000030 Subdivision PARKER ESTS B B IN Book 24839 Page 1462 Sale Date SEP-2011 Mailing Address 435 S COUNTRY CLUB BLVD BOCA RATON FL 33487 2308 Use Type 1700 - OFFICE BLDG-NON MEDICAL 1 TO 3 STORIES Total Square Feet 1638 Sales Information Sales Date Price SEP-2011 159500 MAR-2003 10 DEC-2002 10 AUG-2002 232488 APR-1981 164000 Appraisals Tax Year 2023 Improvement Value $173,447 Land Value $209,034 Total Market Value $382,481 All values are as of January 1st each year Assessed/Taxable values Tax Year 2023 Assessed Value $278,053 Exemption Amount $0 Taxable Value $278,053 Taxes Tax Year 2023 Ad Valorem $6,305 Non Ad Valorem $794 Total tax $7,099 Search by Owner, Address or Parcel 152 153 154 Project Item Cost Parking Lot 15,885.00$ Roof 21,090.00$ Project Total 36,975.00$ 50% Reimbursement 18,487.50$ Plus 20% Contingency 3,697.50$ Final Grant Request 22,185.00$ 155 156 157 158 159 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 12, 2023 OLD BUSINESS AGENDA ITEM 13.A SUBJECT: Discussion and Consideration of the Responses to the Second RFP/RFQ for the CRA-owned Property located at 401-411 E. Boynton Beach Boulevard SUMMARY: On June 3, 2022, the CRA received a Letter of Intent (LOI) from the U.S. Postal Service (USPS) (see Attachments I & II). Due to the sale of the current USPS location at 217 N. Seacrest Boulevard, the USPS needs to relocate its retail operation and expressed the importance of maintaining the retail component east of I-95 within the downtown area. The USPS LOI proposed the CRA issue a Request for Proposals/Request for Qualifications (RFP/RFQ) to qualified parties to purchase the CRA-owned parcels and construct a freestanding building which the USPS will lease on a long-term basis. The construction would include a 3,490 gross square foot retail post office with 22 parking spaces. The lease would be a 10-year firm initial lease with two 5-year renewal options and that the lease and rent is backed by the USPS which in turn is backed by the US Treasury. On August 9, 2022, the CRA board approved a motion to publish the RFP/RFQ. The CRA received proposals from two development entities, however neither proposal met the guidelines provided by USPS. On May 9, 2023, the CRA board approved a motion to reject all bids and have staff bring back all options available for development of this site (see Attachment III). At the June 13, 2023 Board Meeting, the CRA board authorized CRA staff to re-advertise the RFP/RFQ utilizing government solicitation tools and professional associations with wider reach in addition to the previous outlets and accept new proposals (see Attachment IV). On July 11, 2023, the CRA Board approved a motion to publish the final draft of the RFP/RFQ (see Attachment V). The RFP/RFQ document lists the site plan requirements, submission requirements, and evaluation and selection requirements (see Attachment VI). As of the September 26, 2023 submission deadline, the CRA received two proposals from the following development entities (see Attachments VII & VIII): DMR Construction Services, Inc. Maple Tree Investments, LLC. 160 •Attachment I - Property Location Map •Attachment II - Letter of Intent from US Postal Service •Attachment III - May 9, 2023 CRA Board Meeting Minutes •Attachment IV - June 13, 2023 CRA Board Meeting Minutes CRA staff has completed review of each of the proposals for sufficiency, adherence to the RFP/RFQ requirements, financial components and other evaluation criteria (see Attachments IX & X). EVALUATION CRITERIA: Experience in completing comparable development projects within markets similar to the project area as the proposing team; Proposer’s financial terms, purchase price, and development and operating proforma; Proposer’s financial capacity to complete the proposed project; and, Proposed plan or program (including monitoring mechanisms) to engage local contractors, sub-contractors, and laborers in the project as well as apprenticeship programs. If the Board elects, each Proposer will provide a brief presentation of their development proposals (see Attachments XI & XII). As indicated in Section 13, RFP/RFQ Proposal Evaluation and Selection Process: "...The proposers will present their proposals and their PowerPoint slide presentations before the BBCRA Board at their regular scheduled meetings in the City Commission Chambers at City Hall located at 100 E. Ocean Avenue. In the selection of the successful proposer (if any), the BBCRA Board will consider all proposals that meet the minimum submission requirements for review, the BBCRA staff review, the BBCRA Advisory Board recommendation, and/or any other relevant data. At the conclusion of the public presentations, a proposer may be selected by the BBCRA Board. However, the BBCRA Board is under no obligation to select a proposer regardless of their ranking, and can, at its sole discretion, opt to terminate the RFP/RFQ process or continue the process to a subsequent meeting..." FISCAL IMPACT: To be determined by the CRA Board. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: 1. Authorize CRA staff and legal counsel to begin negotiations with a selected respondent. 2. Reject all proposals and re-advertise this RFP/RFQ and accept new proposals. 3. Reject all proposals and terminate the RFP/RFQ solicitation process. 4. Alternate determination based on CRA Board discussion and consideration. ATTACHMENTS: Description 161 •Attachment V - July 11, 2023 CRA Board Meeting Minutes •Attachment VI - Final RFP/RFQ •Attachment VII - DMR RFP Submittal •Attachment VIII - Maple Tree RFP Submittal •Attachment IX - Lease Term Comparison •Attachment X - Evaluation Criteria •Attachment XI - DMR Presentation •Attachment XII - Maple Tree Presentation 162 163 U.S. Postal Service Lease Proposal Boynton Beach Relocation Page 1 of 3 Thuy Shutt, AIA, FRA RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. Boynton Beach, FL 33435 June 3, 2022 Re: 401-411 E. Boynton Beach Blvd., Boynton Beach, FL Dear Ms. Shutt, On behalf of the United States Postal Service (USPS), Jones Lang LaSalle is pleased to submit this Letter of Intent (LOI) to the Boynton Beach CRA. Due to the pending sale of the current USPS location, USPS needs to relocate its retail operation. To continue to best serve the community, USPS seeks a new location as close as possible to the downtown hub. The CRA-owned property at 401-411 E. Boynton Beach Blvd. is an ideal site. However, because USPS is unable to purchase the land directly and construct a new building itself, they are respectfully requesting the CRA’s assistance with the following solution: for the CRA to utilize Option II of its LOI Policy to issue a Request for Proposals to qualified parties to purchase the CRA-owned parcel and construct a freestanding building which USPS will lease on a long-term basis. Following are the details of this requirement: 1. USPS Building Requirements: Item Requirement Premises Size: 3,490 SF Premises Type: Retail post office Docks Required: One (1) dock Parking: 22 Spaces 2. Form of Lease: As a federal entity, USPS is required to utilize its lease form. 3. Rental Type: USPS seeks a modified gross lease, whereby the landlord would have responsibility for maintaining the building and grounds. 4. Space Condition: USPS will provide a complete design which the landlord shall use to construct the building shell. USPS will build out the interior itself. 5. Lease Term: 120 Months (possibly longer), with two (2) five-year options to renew. Please feel free to contact me with any further clarification or questions in order to help you expedite your response. 164 U.S. Postal Service Lease Proposal Boynton Beach Relocation Page 2 of 3 Sincerely, Sarah Kutner, Senior Transaction Manager Jones Lang LaSalle Email: Sarah.Kutner@am.jll.com Tel: (202) 719-6135 cc: Richard Hancock, USPS Steve Robinson, JLL 165 U.S. Postal Service Lease Proposal Boynton Beach Relocation Page 3 of 3 Attachment A USPS Concept Plan Land Survey 166 167 SURVEY JLW FILE 08/04/2020 BOUNDARY AND TOPO SURVEY FOR BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY WrightPSM, LLC PROFESSIONAL SURVEYING AND MAPPING 1248 SE 12TH AVE DEERFIELD BEACH, FL 33441 info@wrightpsm.com (772) 538-1858 www.wrightpsm.com CERTIFICATE OF AUTHORIZATION NO. L.B.8186 NAVD88C:\Users\wwrig\Documents\WrightPSM\Jobs\20-0710_407BBblvd\CAD Files\20-0710_CRA.dwg, 8/6/2020 6:34:58 PM168 From:Hancock, Richard A - Greensboro, NC To:Shutt, Thuy Cc:Tack, Timothy; Utterback, Theresa; Curfman, Vicki Subject:RE: [EXTERNAL] 401-411 E. Boynton Beach Boulevard Property and LOI Policy Date:Friday, June 3, 2022 10:12:32 AM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png USPS Proposal - Boynton Beach .pdf Hi Thuy, Per your request please see below in response to your questions. Provide a brief description of the financial structure for the proposal (you had verbally indicate a 15 year Treasury Bond – please provide details) and physical redevelopment of your proposed project. For instance, will specifications for the site elements and building shell be provided to the CRA for the Request for Proposal and Developer’s Qualifications (RFP/RFQ) Package? The Postal Service can commit to a 10 year firm initial lease with two 5 year renewal options. The 15 year term I mentioned would require HQ approvals. The lease and rent is backed by the Postal Service which is in turn backed up by the US Treasury. There is no Bond. Per #4 in the Proposal the Postal Service will be providing the Design documentation to the CRA. Provide a brief description of your proposed redevelopment timeline from execution of a purchase and development contract to project completion. The timeline is dependent on the CRA and the proposed construction timeline as well as the Postal Service final project approvals based on hard lease and construction costs. For a ballpark new space development we estimate approximately one year for completion. Very tentative timeline. Provide the amount of assistance, financial or otherwise, you would be seeking from the CRA. The Postal Service is seeking no assistance of any kind from the CRA. This is a request to lease a to be constructed new Postal Retail facility on CRA property at fair market rates. Thank you, Rick Richard Hancock Real Estate Specialist USPS Facilities PO Box 27497 Greensboro, NC 27498-1103 336-665-2848 336-324-7891 (Cell) richard.a.hancock2@usps.gov 169 From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Friday, June 3, 2022 9:51 AM To: Hancock, Richard A - Greensboro, NC <Richard.A.Hancock2@usps.gov> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us> Subject: RE: [EXTERNAL] 401-411 E. Boynton Beach Boulevard Property and LOI Policy CAUTION: This email originated from outside USPS. STOP and CONSIDER before responding, clicking on links, or opening attachments. Good afternoon Rick, In anticipation and preparation for our June 14, 2022 CRA Board meeting, I wanted to reach out to you regarding your Letter of Interest (LOI) submitted to us today and the conceptual site plan that was previously submitted on May 10th for the CRA owned properties located at 401-411 E. Boynton Beach Boulevard. It would be to Board’s benefit during their discussion of the item to have a few more details concerning your LOI and proposed project. Would please provide responses to the following items: Provide a brief description of the financial structure for the proposal (you had verbally indicate a 15 year Treasury Bond – please provide details) and physical redevelopment of your proposed project. For instance, will specifications for the site elements and building shell be provided to the CRA for the Request for Proposal and Developer’s Qualifications (RFP/RFQ) Package? Provide a brief description of your proposed redevelopment timeline from execution of a purchase and development contract to project completion. Provide the amount of assistance, financial or otherwise, you would be seeking from the CRA. I am out of the office today but Tim Tack, our Assistant Director will be working on the agenda item today. Responses to the items listed above will need to be submitted to Tim as soon as possible but no later than the end of day Monday, June 6, 2022 in order to be included in the June 14, 2022 CRA Board meeting documentation. If you have any question, please do not hesitate to contact Tim at (561) 600-9091. Thank you. Thuy Shutt , AIA, FRA‑RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-600-9098 170 ShuttT@bbfl.us | http://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Hancock, Richard A - Greensboro, NC <Richard.A.Hancock2@usps.gov> Sent: Friday, June 3, 2022 9:09 AM To: Shutt, Thuy <ShuttT@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: RE: [EXTERNAL] 401-411 E. Boynton Beach Boulevard Property and LOI Policy Hi Thuy, Good morning, please see attached the Postal proposal to lease a to be constructed building based on our requirements on the property referenced. We look forward to moving this project forward. Please contact me with any questions or if you need additional information. Thank you, Rick Richard Hancock Real Estate Specialist USPS Facilities PO Box 27497 Greensboro, NC 27498-1103 336-665-2848 336-324-7891 (Cell) richard.a.hancock2@usps.gov 171 From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Friday, April 1, 2022 11:17 PM To: Hancock, Richard A - Greensboro, NC <Richard.A.Hancock2@usps.gov> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: [EXTERNAL] 401-411 E. Boynton Beach Boulevard Property and LOI Policy CAUTION: This email originated from outside USPS. STOP and CONSIDER before responding, clicking on links, or opening attachments. Hi, Rick, As requested, I am attaching some documents for the site. We have demolished the easternmost building (409-411 E. Boynton Beach Blvd.) and sodded the vacant lots (see picture). The only structure remaining is the 401 E. Boynton Beach Blvd. building (see survey for size). I have also attached the Appraisal (pre-demolition) and the CRA LOI Policy. Let me know if you need anything else. Thank you and have a great weekend! Thuy Shutt , AIA, FRA‑RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-600-9098 ShuttT@bbfl.us | http://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 172 Meeting Minutes CRA Board Meeting Boynton Beach, FL May 9, 2023 B. Discussion and Consideration of the Responses to the RFP/RFQ for the CRA- owned Property located at 401-411 E. Boynton Beach Boulevard Mr. Timothy Tack, Assistant Director, explained the letter of intent that was received by the USPS. He stated that they have met the RFP/RFQ requirements and explained that they are rejecting both proposals as provided. He said that the Board will need to review all proposals and they can select a proposal today or at a subsequent date. Chair Penserga stated that there is insufficient information for the Board to move forward. He said that he is interested in hearing the presentations tonight, but that he is not prepared to move forward right now. Vice Chair Turkin asked why the bids are not viable. Mr. Tack explained that there was a concern with some items that was not provided. Vice Chair Turkin stated that he would like to wait on a decision as well. Board Member Hay agreed. Board Member Kelley asked if they are giving the two potential proposals a chance, and what new information are they expecting to receive. Mr. Tack said that what is presented right now is not acceptable. Board Member Kelley asked if we reject the proposals and we start over again, does that bar these applicants from reapplying. Ms. Rossmell stated that it would be cleaner to reject the proposals and start over. She added that there is nothing prohibiting them from applying again. Board Member Kelley asked about the timeline difference if we start over again vs. working with the current applicants. Ms. Shutt said that if there is new info proposed today, they would have to review it with the Post Office again. She explained the process if they started over, which would take 3 to 4 months. She said that they can be directed to look at different outlets. Chair Penserga asked if Board Member Kelley was suggesting that they start new and not listen to the proposals. Board Member Kelley responded yes. Vice Chair Turkin asked if it is within our scope to hire a general contractor and get the job done. 4 173 Meeting Minutes CRA Board Meeting Boynton Beach, FL May 9, 2023 Ms. Rossmell stated that there are many restrictions with the CRA, but they can look into the options. Chair Penserga stated that they can be a coordinator of sorts, and that he believes they could manage a job of this scale. Ms. Shutt explained the different options they have. Chair Penserga asked if they could get the information in by next meeting. Ms. Rossmell responded yes. Board Member Hay expressed concern about the commitment level, and he would like to look at the options discussed. Chair Penserga said that the current applications are insufficient, so at the next meeting they will assess all the options. Motion: Vice Chair Turkin moved to reject all bids. Board Member Kelley seconded the motion. The motion passed unanimously. Point of Order: Mr. Michael Weiner introduced himself, as a part of the team who made one of the bids. He asked if the cone of silence is over. Ms. Rossmell said that the cone of silence is over, after the motion is passed. She further explained the cone of silence. She apologized for not advising the Board to open public comment and recommended reopening to allow for it. Chair Penserga said the Board does not want to hear the presentations. Motion: Vice Chair Turkin moved to rescind the previous motion, to allow for public comment. Board Member Kelley seconded the motion. Public Comments: A discussion ensued about cone of silence and public comments. Chair Penserga opened public comments. 5 174 Meeting Minutes CRA Board Meeting Boynton Beach, FL May 9, 2023 Brian Hussey, BTH Development & Partners, introduced himself as one of the bidders. He said that they came out to offer further clarification and that the Post Office's interpretation was not fully understood. He explained the change to the site plan. He spoke about their proposed budget and changing market. Michael Weiner said that he only wanted to know whether they could speak to the Board Members individually following the meeting. He stated that both teams are facing the same set of problems. He commented that no one wants to see the Post Office go away but they need to deliver a message, and he believes they will continue to hit up against the Post Office barrier. Steven Grant joined virtually. He said that he uses the Post Office regularly as an attorney and the new site does not allow for distribution. He stated that a distribution site allows for better delivery. He recommended the CRA speak with the USPS again to see if they can afford another distribution site, to replace the site that they are trying to get rid of. Steve Miller joined virtually. He said that he works in the building north of the proposed location and it does not appear that the truck can back into the loading dock based on the design. He recommended a better location on 225 W. Boynton Beach Boulevard, which he believes is owned by the CRA. He also recommended a vacant lot across the street for a parking lot. He referenced drawings and photographs that he submitted. Chair Penserga closed public comments. Motion: Vice Chair Turkin moved to reject all bids. Board Member Hay seconded the motion. The motion passed unanimously. Vice Chair Turkin said since he was late, he wanted to disclose that he spoke to Mr. Anthony Barber regarding Item 13C. Additionally, he asked to add Homing Inn to Future Agenda, particularly how they can assist the project. Ms. Shutt explained the process for a request for assistance. She said that she can reach out to them to see what they need. Chair Penserga recommended to direct staff to reach out to Homing Inn for help. C. Project Update of the Purchase and Development Agreement with 306 NE 6th Avenue LLC for the CRA Owned Property located at 211 E. Ocean Avenue (TABLED 02/13/2023) Motion: Board Member Kelley moved to remove the item from the table. Board Member Hay 6 175 Meeting Minutes CRA Board Meeting Boynton Beach, FL Board Member Cruz said she is open to having a joint workshop. June 13, 2023 Consensus was reached to direct staff to identify a date for a joint workshop. Ms. Shutt anticipates the meeting would occur in September. D. Discussion and Consideration of the Options for the CRA-owned Property located at 401-411 E. Boynton Beach Boulevard Mr. Tim Tack, Assistant Director, introduced the item. He reviewed the options for site development including Invitation to Bid (1TB), Request for Proposals (RFP), Invitation to Negotiate (ITN), Letter of Interest (LOI), and Public-Private Partnerships (P3s). Board Member Kelley asked if the USPS has anyone interested in going the LOI route. Ms. Shutt said they do not have a development partner in this region. Ms. Shutt said they would like to cast a broader net if they go with an RFP, to include more entities outside of Florida. She said previous proposers could opt to submit another proposal. She stated they can entertain LOls or try more public advertising. Chair Penserga said his preference is an RFP with a pre-submission meeting. He does not want to repeat the mistakes of the past. They need to be clear what the USPS requires and asked for it to incorporated in an RFP. Board Member Kelley agreed about the RFP. Chair Penserga asked when the cone of silence would take effect. Ms. Rossmell said from RFP issuance until a decision is made . Board Member agreed with Chair Penserga and supports an RFP with a pre-submission meeting. Vice Chair Turkin said he is ok with the consensus. Board Member Cruz supports an RFP. Public Comments: Chair Penserga opened public comments. No one came forth to speak. No virtual comments. Chair Penserga closed public comments. Motion: Board Member Cruz moved to approve Option 1 as recommended by CRA staff. Board Member Kelley seconded the motion. The motion passed unanimously. E. Project Update on the Bride of Christ Daycare Center at NE 10th Avenue (TABLED 05/09/2023) 176 177 178 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS AND DEVELOPER QUALIFICATIONS FOR THE UNITED STATES POSTAL SERVICE BOYNTON BEACH DOWNTOWN STATION PROJECT Location: 401, 407 & 411 E. Boynton Beach Boulevard Issue Date: July 28, 2023 Submittal Deadline: September 26, 2023, no later than 2:00 p.m. The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing this Request for Proposals and Developer Qualifications (RFP/RFQ) for the acquisition and redevelopment of the project site located at 401, 407 & 411 E. Boynton Beach Boulevard, Boynton Beach, Florida; as referenced and identified on Attachment “A,” Aerial Map/Parcel Map, and hereinafter collectively referred as the “Project Site.” The BBCRA will accept sealed proposals at its office located in City Hall at 100 E. Ocean Avenue, 4th floor, Boynton Beach, FL 33435 ON OR BEFORE September 26, 2023, no later than 2:00 p.m. Eastern Standard Time (EST), as determined by the time stamp or clock at the BBCRA’s reception area. Responses to this RFP/RFQ (“Proposals”) received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. All Proposals will be date and time stamped by the BBCRA. Faxed or emailed Proposals will not be accepted. The RFP/RFQ documents, including all related attachments, must be obtained from the BBCRA office or website at www.boyntonbeachcra.com (Select RFPs/RFQs/ITBs from the Business & Development top drop down menu). 1.Property Disposal and Project Description This RFP/RFQ is being issued for a project known as the United States Postal Service Boynton Beach Downtown Station Project (the “Project”), and is seeking Proposals for the acquisition and redevelopment of a BBCRA‐owned property located as described in Attachment “A,” Aerial Map/Parcel Map. Due to redevelopment of the existing Downtown Station post office, the United States Postal Service (USPS) is relocating its retail operations to 401, 407 & 411 E. Boynton Beach Boulevard, Boynton Beach, FL 33435, a property owned by the BBCRA. USPS is unable to 1 of 102 179 purchase the land directly and is looking for a developer to purchase the land and construct a new retail post office with a loading dock and parking lot. The Project Site is approximately .383 acres and it is currently zoned C‐3 (Community Commercial) with a Local Retail Commercial (LRC) Future Land Use Classification. The property is located within the Boynton Beach Boulevard District, which is described in the 2016 BBCRA Community Redevelopment Plan (the “BBCRA Plan”). The BBCRA Plan may be accessed online at https://www.boyntonbeachcra.com/home/showpublisheddocument/14/637296289931970000 (see pages 55‐70). It carries a recommended Future Land Use of Mixed‐Use Medium with a corresponding Zoning designation of Mixed‐Use Core. The recommended land use and zoning designations provide for a density of forty (40) units per acre with a maximum allowable building height of seventy‐five feet (75’). Under defined circumstances, allowable density may be increased by twenty‐five percent (25%) if a proposed development meets certain requirements under the City of Boynton Beach’s Workforce Housing Ordinance. It is the responsibility of each proposer to review the City of Boynton Beach Land Development Regulations, and applicable site plan and design guidelines and limitations. Additionally, the Project Site is located within the designated Transit Oriented Development (TOD) and Transportation Concurrency Exemption Area (TCEA) of the City of Boynton Beach and is also located in the PBC Qualified Opportunity Zone. PBC Qualified Opportunity Zone information may be obtained online at http://maps.co.palm‐ beach.fl.us/cwgis/?app=pbc_interactive. All Proposals and Projects must be in conformance with and in furtherance of the BBCRA Plan. The BBCRA Plan may be accessed on the BBCRA website. 2. Community and Economic Setting The City of Boynton Beach (City), with a population of eighty thousand (80,000), is the third largest city in Palm Beach County, Florida. It is located approximately forty‐five (45) miles north of Miami and fifteen (15) miles south of West Palm Beach. This puts it in the heart of southeast Florida’s rapidly growing tri‐county Miami‐Dade/Broward/Palm Beach metropolitan area. Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 (I‐95) and the Florida Turnpike. It also has a market of more than six (6) million people within a two‐hour radius and ready access to three international airports, two major rail lines, as well as the Tri‐Rail regional commuter rail system. 3. Survey and Appraisal An aerial boundary and parcel map along with a copy of the property survey are included with this RFP‐RFQ as Attachments “A,” Aerial Map/Parcel Map and “B,” Survey of BBCRA Owned Properties. All appraisals and surveys of the subject properties that make up the Project Site are available in electronic form on the BBCRA’s website, 2 of 102 180 https://www.boyntonbeachcra.com/business‐development/rfps‐rfqs‐itbs. Proposers should not rely solely on the information in the appraisal when compiling the financial components of a Proposal. The appraised value of the BBCRA properties should be considered by proposer(s) in the offering price and request for BBCRA incentives. 4. Palm Beach County Impact Fees Development of the property will be subject to Palm Beach County Impact Fees. Please contact the Planning, Zoning and Building Administration Division of Palm Beach County for specific information regarding impact fees applicable to the Project, or go to https://discover.pbcgov.org/pzb/administration/pages/impact‐fees.aspx to download relevant information. 5. Incentives for the Project Under Chapter 163, Florida Statutes, the BBCRA is empowered to encourage and incentivize redevelopment within the BBCRA Redevelopment Area consistent with the BBCRA Plan. The BBCRA is committed to meeting the goals and objectives of the BBCRA Plan and will support the Project with policies and may, at the sole discretion of the Board, consider providing Tax Increment Revenue (TIR) funding subject to negotiated terms and conditions. 6. Pre‐Submission Meeting A voluntary in‐person pre‐submission meeting has been scheduled for August 17, 2023, at 4:00 p.m. (EST) in City Community Room #115 at City Hall, located at 100 E. Ocean Avenue. The meeting is an opportunity for proposers to ask City and BBCRA staff questions about the Project. 7. Proposer Registration All entities interested in responding to this RFP/RFQ must register with the BBCRA via email by providing their name, address, telephone number, and an email address to Mr. Timothy Tack, BBCRA Assistant Director, at TackT@bbfl.us. Any information concerning addenda, changes, additions, clarifications, notices, and other topics related to this RFP/RFQ will be sent to registered proposers using the registration information provided. 8. Additional Information After the Proposals are received by the BBCRA, the BBCRA may make requests to proposers for clarifications, assurances, or for other details including, but not limited to, financial and disclosure data relating to the Proposal or proposer (including all affiliates, officers, directors, partners and employees). Any inquiries of a general nature applicable to all proposers will be directed to all proposers. Following submission of a Proposal, the proposer agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure data relating to the Proposal and/or the proposer (including the proposer’s affiliates, officers, directors, partners and employees), as requested by the BBCRA. 3 of 102 181 9. Architectural and Design Requirements The Project should incorporate quality architectural design and site development standards that enhance the downtown area and adjacent properties. Proposers should review the BBCRA Plan for Project development and design guidance. Proposals will be evaluated on their adherence and incorporation of architectural and design elements presented in the BBCRA Plan and the City of Boynton Beach Land Development Regulations. At minimum, the Proposals shall include the following requirements: a. Creation of a new retail post office approximately three thousand four hundred ninety (3,490) gross square feet with a thirty foot (30’) loading dock. See Attachment “C”, USPS Requirements for additional requirements. b. Parking Lot with the amount of parking spaces required for the development. 10. Required Elements of Proposals. Proposals must contain all of the following documents and information in order to be deemed complete. Proposals not deemed complete may be rejected. Attachment “D” contains a checklist to help proposers ensure Proposals are complete. a. Provide a general written statement describing the qualifications and background of the proposer including any financial (including equity) partner. b. Provide a completed Attachment “E”, Proposer(s) Information. c. Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. d. An acknowledgement letter attesting that the proposer has read and understands all procedures and requirements of this RFP/RFQ. e. Provide a list of proposer’s key personnel that will be directly involved in proposed Project’s development or management team, along with their professional qualifications, and a list of similar projects on which they have actively participated. Provide no less than three and no more than ten related projects for this item. f. Provide a written list of similar projects developed by the proposer, or companies controlled by its principals, and proposer’s team that were completed within the last ten (10) years, including photographs, project addresses, client contact information, dates the projects were completed, and general project description. For projects that are public‐ private partnerships, list the public partner and their contact information including name, title, address, email, and phone numbers. Provide no less than two (2) and no more than ten (10) projects for this item. If the proposer is comprised of more than one entity in a joint venture or partnership, each entity must provide the information requested 4 of 102 182 separately. For joint ventures, development and equity partners, the proposer must summarize the actual or proposed amount of financial participation and control of each party within the partnership. If the entity is a subsidiary of, or otherwise affiliated with another organization, the proposer shall indicate such relationship. The proposer shall also list all proposed anchor tenants, in addition to the USPS and, if known at the time of submission, any third‐party operators of the development. The proposer shall include the name and a description of the legal entity that would serve as the developer and be party to the Purchase and Development Agreement (“Agreement”) with the BBCRA. The proposer shall also provide the names and addresses of all persons and entities having a financial interest, mortgagee(s), or guarantor(s) in the proposed development and their roles in the Project and the proposing entity. For joint ventures, the proposer must summarize the actual or proposed amount of financial participation and control of each party within the partnership. If the entity is a subsidiary of, or otherwise affiliated with another organization, the proposer shall indicate such relationship. The proposer shall also list all proposed anchor tenants and third‐party operators of the development if known. g. Provide a brief profile for each member of the development team other than the proposing developer, as well as the resumes of the key personnel who would be assigned to the Project. The proposer shall also identify any prior relations with the BBCRA for each individual team member or firm, members of its Board or its officers. The BBCRA reserves the right, in its sole discretion, to request additional information from any member of the development team to determine potential conflicts of interest and to limit or prohibit the participation of any team member or firm due to such conflict. h. State whether the proposed Project is confined to the property offered by the BBCRA or if it utilizes adjacent property. If the latter, specify the location, size, use, level of control/commitment of such adjacent property to be included in the proposer’s Project and provide documentation evidencing site control or contractual commitment. If adjacent properties intended to be included in the Project are not under the proposer’s control, the Proposal should include: (1) A base proposed concept assuming only the offered BBCRA property; and, (2) a proposed concept assuming the inclusion of the additional adjacent property. If the proposer wishes to propose variances from or changes to the requirements of the Land Development Regulations or the City’s Comprehensive Plan, the Proposal should include: (1) A base proposed concept without the proposed variances or changes; and, (2) a proposed concept with the proposed variances or changes. 5 of 102 183 i. Provide a Construction Staging and Sequencing Plan including nature and timing of on‐ and off‐site impacts. Vehicular and Pedestrian Traffic Analysis and Plan for the proposed development demonstrating the proposed Project would not cause unreasonably negative traffic impacts in the context of the Downtown District environment, and any modifications or improvements required to mitigate such impacts to maintain the integrity of the downtown traffic system, which, subject to City approval, would be the responsibility of the developer to fund as part of the Project. j. Provide a detailed description of the proposed Project, with text, tabulations and graphics. This should include but it is not limited to a schematic site layout plan; proposed density, intensity, and height; parking locations and allocation per project component; a breakdown of the proposed total number of residential units and unit types, including number of bedrooms and bathrooms, and square footage for each unit type, whether condo or rental, and level of affordability, nature and square footage of commercial components, total gross building area (not including unenclosed/outdoor areas) and net rentable or salable area per project component (number of units, parking spaces, square footages should be provided per level as well as in total), conceptual elevations, as well as the information indicating compliance with the objectives and requirements of the plan and requirements specified in Paragraph 9, “Architectural and Design Requirements.” k. Provide a proforma financial analysis including a development budget with a detailed breakdown of all Project pre‐development costs, other soft and financing costs, property acquisition from the BBCRA (and others if additional properties are included in the Proposal), construction and other hard costs and post‐construction period sales or other development costs, a sources and uses statement clearly identifying the sources and amounts and terms of all of the proposed debt and equity funding sources to pay for the Project, an operating cash flow detailing projected gross income, expenses, debt service and net cash flow, broken out by project component, for the development period and at least ten years of operation beginning upon Project completion for a rental project/component(s) and through sell‐out for a condominium project/component(s). Include a breakdown of the amount and terms of any proposed funding assistance being requested of the BBCRA, if applicable, and how those funds will be used when combined with other funding sources. A proposer may submit the requested breakdown information under a format of their own choosing but must also complete the Proposed Project Funding Uses and Sources Information form provided as Attachment “F.” If the Project is to be developed in more than one phase, clearly present the above information for each independent phase as well as in aggregate for total project. Provide assumptions and bases for the analysis including comparables and/or other support for estimated rental rates, sales prices, costs, expenses and other elements of analysis. 6 of 102 184 l. If the Project is proposed to use funding subsidies from the BBCRA or other qualified entities, proposer must provide a list of those entities and demonstrate experience with obtaining such project‐based subsidies for workforce housing by listing projects and the amount and type of subsidy utilized or other information that would support proposer’s ability to secure such financing. m. Provide a description of how the proposer will make attempts to utilize local qualified contractors, and sub‐contractors, and laborers in the proposed Project as well as pre‐ apprenticeship or apprenticeship training. Documentation of this effort will be required as part of the Project monitoring. n. Provide proof of financial capability to complete the proposed Project. Financial capability will be demonstrated by submitting a current (audited, if available) financial statement of the proposing entity, or underlying entity if proposing entity was recently created, which includes a balance sheet, a three‐year statement of past income, and a projected one‐year income statement for the current fiscal year for the proposer (and its parent entity if proposer is a subsidiary). In lieu of the above, the proposer shall submit third party evidence of the ability to secure financing in the form of a preliminary financing commitment letter or letter of interest from a lending institution or other primary source of debt or other financing. A firm financing commitment from a lending institution or other source of investment financing will be required prior to the closing of the sale of the Project Site, or as otherwise stipulated in negotiated Agreement between the successful proposer and the BBCRA. Information regarding any legal or administrative actions, past or pending, that might impact the capacity of the proposer (or its principals or affiliates) to complete the Project must be disclosed. Disclosure of any bankruptcies by any of the above or related entities during the past ten (10) years must be made with the RFP/RFQ. Financial information should be submitted in a separate, sealed envelope or package and marked ‘confidential.’ Financial information will be accepted only from the proposer as part of the submission packet and will not be accepted if it is submitted directly to the BBCRA by an outside entity or institution. o. A signed written statement of intent to purchase the Project Site indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection if selected. Any Purchase and Development Agreement will contain performance‐based criteria and milestone timelines for items such as, securing debt funding, formal site plan application, commencement of construction, limitations on transferability or assignability of the Agreement without prior approval from the BBCRA, termination provisions for failure to 7 of 102 185 meet the criteria listed and other provisions to adequately define the rights, duties and obligations of the parties. The Agreement may also contain a reverter clause. p. Provide authorization to perform a credit check for each proposer or business entity. The authorization form must be executed by the appropriate officer of proposer entity (see Attachments “G” and “G.i.” Disclosure and Authorization to Perform Credit Check forms). q. A list of all civil and criminal legal actions in which each proposer entity (and its parent entity if it is a subsidiary) is currently a named party or was a named party in the past four (4) years, providing the case number, case description, the state of jurisdiction, and disposition (or status) of each case. Proposer(s) may include any additional relevant information. If there are no legal actions to disclose, provide a written statement attesting to this fact. r. Provide a statement as to whether the proposer is in arrears of any taxes or other financial obligations to the BBCRA, City, or any other municipal or state entities. Proposer(s) may include additional relevant information. If there are no arrears of any taxes or other financial obligations to disclose, provide a written statement attesting to this fact. s. Provide a PowerPoint presentation of the Proposal, consisting of no more than fifteen (15) slides with maximum of three (3) slides dedicated to proposer’s past history and experience information. All remaining slides will focus on description of the development of the proposed Project (e.g. site, program, design, construction, development cost, schedule, financing, proposed acquisition terms, estimated absorption rates and sales/leasing/operations). t. Provide executed form verifying that the proposer has met with City of Boynton Beach Planning and Development Department staff to review the Land Development Regulation requirements and development review processes applicable to the proposed Project (see Attachment “H,” City of Boynton Beach Planning and Development Department Meeting Verification Form). u. An acknowledgement letter attesting that the proposer has read and understands all procedures and requirements of this RFP/RFQ (see Attachment “I,” Acknowledgement Letter). v. All other requirements contained in this RFP/RFQ, including all attachments that request a response or information from the proposer. (see Attachment “J thru O”). 8 of 102 186 11. Submittal Requirements. a. Location and Deadline. Proposals must be received by the BBCRA at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 on or before September 26, 2023, no later than 2:00 p.m. Eastern Standard Time (the “Deadline”), as determined by the time stamp or clock at the BBCRA’s reception area set up on the 1st Floor Lobby. Proposals received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. Proposers may withdraw submitted Proposals and resubmit at any time prior to the Deadline. b. Form and Number of Copies. Proposals must be delivered in a sealed box or envelope. Faxed and emailed Proposals will not be accepted. In total, one (1) bound original Proposal document must be submitted with a title page listing the name of the RFP/RFQ and the submitting proposer along with one (1) unbound but clipped copy of the complete Proposal and one (1) digital copy of the complete Proposal in PDF format on a labeled CD/DVD or thumb drive. Proposals shall be clearly marked on the outside of the envelope or delivery box container as follows: Request for Proposals and Developer Qualifications for the United States Postal Service Boynton Beach Downtown Station Project Boynton Beach Community Redevelopment Agency City of Boynton Beach, Florida Issue Date: July 28, 2023 Submittal Deadline: September 26, 2023, no later than 2:00 p.m. (EST) c. Completeness. All Proposals must be complete upon submittal to the BBCRA. d. Signature. The Proposal, and any documents submitted with the Proposal that require a signature, must be signed by an individual authorized by proposer to legally bind and represent proposer. e. Failure to Meet Submittal Requirements. The failure to meet the Deadline, submit a Proposal that complies with the form and number of copies requirements, or submit a complete Proposal may result in the Proposal being rejected and returned at the sole discretion of the BBCRA. f. Proposal validity. Proposals shall remain valid and binding on proposers for one hundred eighty (180) days after the submittal date. 9 of 102 187 12. RFP/RFQ Documents. The following planning and site documents are incorporated as part of this RFP/RFQ and may be obtained from the BBCRA office or https://www.boyntonbeachcra.com/business‐ development/rfps‐rfqs‐itbs. Aerial Map/Parcel Map of 401, 407 & 411 E. Boynton Beach Boulevard (see Attachment “A”) Survey of BBCRA Owned Properties (see Attachment “B”) Development Proposal for USPS Requirements (see Attachment “C”) Appraisal Phase I Environmental Report 2016 Boynton Beach Community Redevelopment Plan In addition, all proposers are encouraged to walk the Project Site and will be assumed to have performed all necessary inspections on the property. 13. RFP/RFQ Proposal Evaluation and Selection Process. The BBCRA staff shall review each Proposal and make a determination as to whether each Proposal meets the minimum submission requirements for review, including whether the Proposal is complete, and whether it fully complies with the terms and conditions outlined in this RFP/RFQ. A proposer’s failure to provide a substantially complete RFP/RFQ response submission may result in the submission not being evaluated. The BBCRA may request clarification of submitted information from any proposer. The confidentiality of proprietary information from competing proposers shall be maintained to the extent permitted by law. In addition to meeting the minimum requirements of this RFP/RFQ as described in Paragraphs 9 and 10, each Proposal will be evaluated based on the information provided and on the following criteria, which are listed below in order of importance. As noted below, adequate capability to successfully undertake the proposed Project is a minimum standard which shall be met before any other criterion is considered. a. Capability of the Proposer and Development Team. The primary focus of the evaluation shall be on the experience, qualifications, and financial capacity of the proposer (and financial partner, if any is identified and to the extent firmly committed) considering: the proposer’s track record of securing financing for (or self‐financing) and developing projects of comparable nature and comparable or greater scale and of high quality in terms of their use and architecture; evidence of financing relationships and interest in the proposed Project; other information indicating the proposer’s financial capacity which it chooses to provide at this stage; the proposer’s reputation in the industry for competence and integrity; and successful completion of public‐private development experience, if 10 of 102 188 any. The capability and track record for high quality design of the architect/design team will also be considered. Note that if a proposer’s qualifications and financial capacity are not considered adequate to successfully undertake the Project, the proposer will not be considered no matter what the Proposal’s merits are on other criteria. Adequacy of qualifications, relative qualifications, and capacity will be considered comparative criteria weighed along with the other criteria. b. Likelihood of Feasibility. The likelihood of the proposed Project being feasible in a reasonable timeframe, considering: (1) The thoroughness and convincing nature of the proposer’s analyses, assumptions, and strategies, including: the market, development/construction, financing, operating, and other elements of the Proposal; (2) Financing commitments, if any; (3) Extent of control of any additional properties proposed to be included in the Project; (4) Implementation schedule; and, (5) Conditions and contingencies for realizing the project such as financing, market/pre‐ leasing, and regulatory/approvals, and how likely these are to be achieved. c. Financial Return/Effect to BBCRA. This criterion will be evaluated for the value of the proposed sale terms, any subsidy requested from the BBCRA, as well as real estate taxes and any other direct or other clearly identifiable revenues to the BBCRA that would be generated by the project, along with consideration of the timing and likelihood of receiving these revenues and any such other direct values or costs that the BBCRA in its discretion considers relevant and can reasonably be evaluated. (It should be noted that, although revenue generated by the project is an important evaluation criterion, the BBCRA is not obligated to select or negotiate with the proposer who proposes the highest financial return to the BBCRA.) d. Fulfilment of the CRA’s requirements and objectives for the Project as stated in Paragraph 1. This would include the operational efficiency, aesthetic quality, and the amenities of the Project. The proposed Project’s ability to contribute to the vitality, amenity, and economic activity of and in the Downtown District; have a high‐quality architecture and aesthetic appeal; initiatives beyond what is required and/or that are unique solutions; and the inclusion of adjacent properties to the extent that it will improve the overall quality of the proposed development; will be considered. e. Proposed plan or program to use local contractors, sub‐contractors, and laborers in the Project. The plan or program shall include pre‐apprenticeship or apprenticeship training and monitoring mechanisms. 11 of 102 189 After the BBCRA staff reviews the proposals for completeness and evaluates the proposals based on the criteria above, the BBCRA staff will present the results of the review and evaluation process to the BBCRA Board at a public meeting. The proposers will present their proposals and their PowerPoint slide presentations before the BBCRA Board at their regular scheduled meetings in the City Commission Chambers at City Hall located at 100 E. Ocean Avenue. In the selection of the successful proposer (if any), the BBCRA Board will consider all proposals that meet the minimum submission requirements for review, the BBCRA staff review, the BBCRA Advisory Board recommendation if required, and/or any other relevant data. At the conclusion of the public presentations, a proposer may be selected by the BBCRA Board. However, the BBCRA Board is under no obligation to select a proposer regardless of their ranking, and can, at its sole discretion, opt to terminate the RFP/RFQ process or continue the process to a subsequent meeting. The existence of a contractual relationship between a proposer and the BBCRA is contingent upon successful negotiations between the BBCRA and a selected proposer, and execution of an Agreement by both parties. Therefore, upon selection of a successful proposer, the BBCRA and the successful proposer will then enter into negotiations for a Purchase and Development Agreement that will contain terms substantially similar to those contained in the successful proposal and this RFP/RFQ. i. Any Purchase and Development Agreement must be in a form approved by the BBCRA Board and BBCRA legal counsel. ii. If the BBCRA and the successful proposer are not able to agree upon a Purchase and Development Agreement satisfactory to both parties within ninety (90) days of the selection of the successful proposer, proposer shall have the right to terminate the negotiations. The BBCRA may terminate negotiations at any time for any reason. iii. If the BBCRA sends an agreed‐upon Purchase and Development Agreement, or sends a Purchase and Development Agreement with a communication that informs the proposer that the agreement constitutes the BBCRA’s final offer, and proposer fails to return an executed copy of the provided Purchase and Development Agreement within 30 days of receipt of such agreement from the BBCRA, the negotiations are deemed terminated unless the BBCRA explicitly extends the deadline in writing. iv. The BBCRA may withdraw its offer of agreement, including a final offer, at any time prior to acceptance of such agreement. Upon termination of negotiations or withdrawal of offer of agreement, the BBCRA may move forward as it deems appropriate, which may include entering into negotiations with another proposer, re‐advertising the RFP/RFQ, electing to terminate the RFP/RFQ process, or any other action it deems to be in the best interest of the BBCRA. 12 of 102 190 Any transfer of the property from the BBCRA to a proposer for less than market value will be subject to approval of the City of Boynton Beach City Commission. Other proposals may be subject to approval of the City of Boynton Beach City Commission. 14. Tentative Schedule. The following tentative schedule is anticipated for actions related to this RFP/RFQ. All dates, times, and locations are subject to change. All changes will be posted to the BBCRA’s website at www.boyntonbeachcra.com. RFP Approval by CRA Board (subject to legal review): July 11, 2023 Issue Date of RFP/RFQ: July 28, 2023 Voluntary Pre‐Submission Meeting: August 17, 2023 Question/Request for Clarification Deadline: August 28, 2023 Submittal Deadline: September 26, 2023 Presentation to BBCRA Board: November 13, 2023 Draft Purchase and Development (P&D) Agreement: January 9, 2024 CRAB Review of P&D Agreement TBD BBCRA Board Approval P&D Agreement: March 12, 2024 (Note: Dates above subject to change – registered interested parties will be notified by email of changes, if any.) 15. Contact and Questions a. Contact Information. All correspondence, questions, and requests for clarifications related to this RFP/RFQ must be directed to the person designated as the procurement officer for this RFP/RFQ: Timothy Tack, Assistant Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue 4th Floor Boynton Beach, Florida 33435 Phone: (561) 600‐9091 Email: TackT@bbfl.us b. Form of Contact; Answers in the Form of Addenda. All correspondence, questions, and requests must be submitted in writing via email to the person identified above and may be submitted at any time but no later than August 28, 2023. All answers to questions, clarifications, and interpretations will be issued in the form of an addenda, which becomes a part of this RFP/RFQ. The proposer must acknowledge receipt of each addenda by completing the Addenda Acknowledgement Form and including it with the submitted 13 of 102 191 Proposal (see Attachment “J”). It is the responsibility of all proposers to obtain, review and respond to any and all addenda issued. Oral explanations, information, and instructions shall not be considered binding on the BBCRA. All proposers are encouraged to independently verify the accuracy of any information provided. Neither the BBCRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any proposer, or to any assumptions made by proposer. Written responses to all written questions submitted shall be maintained by the BBCRA in the RFP/RFQ file. c. Limitations on Communications; Cone of Silence; No Lobbying. Proposer or persons acting on proposer’s behalf may not contact, between the release of the solicitation and the end of the seventy‐two (72) hour period following the BBCRA posting the notice of intended award (excluding Saturdays, Sundays, and state holidays), any employee, officer, or Board Member of the BBCRA concerning any aspect of this RFP/RFQ, except in writing to the procurement officer or as provided in the RFP/RFP documents. Violation of this provision may be grounds for rejecting a Proposal. Further, during the same time period, proposer or persons acting on proposer’s behalf may not contact any BBCRA Advisory Board Member, or any other person working on behalf of the BBCRA on any matter related to this RFP/RFQ. Communication prohibited by this RFP/RFQ, or by any other state, federal, or local law or regulation, may cause an individual or firm to be disqualified immediately from participating in the Proposal or selection process. Any violation of this condition may result in rejection and/or disqualification of the proposer’s Proposal. For purposes of this section, persons acting on proposer’s behalf shall include, but not be limited to, the proposer’s employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the proposer. This “Cone of Silence/No Lobbying” is in effect from the date of publication of the RFP/RFQ and shall terminate at 1) the time the BBCRA Board selects a proposer, rejects all Proposals, or otherwise takes action which ends the solicitation process; or 2) at the end of the seventy‐two (72) hour period following the BBCRA posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, whichever is later. 16. Disclosure and Disclaimer. Proposer understands and acknowledges that to the extent permitted by law, the BBCRA retains all rights, at its sole and absolute discretion, to: a. Withdraw this RFP/RFQ at any time; b. Modify the schedule associated with this RFP/RFQ; c. Issue addenda to this RFP/RFQ; 14 of 102 192 d. Request additional information, clarifications, or assurances from one or more proposers or prospective proposers; e. Reject any and all Proposals; f. Refrain from awarding an agreement as a result of this RFP/RFQ; g. Verify the accuracy of any information provided; h. Accept Proposals that deviate from this RFP/RFQ; i. Disqualify or reject Proposals that are incomplete, untimely, or unclear; j. Re‐advertise this RFP/RFQ and accept new Proposals; k. Obtain economic feasibility studies or third‐party evaluations with regard to any part of any Proposal; l. Evaluate the Proposals through any process that complies with the BBCRA Procurement Policy, this RFP/RFQ, and applicable Florida Statutes, m. Select one or more successful Proposals or proposers it deems will be in the best interests of the BBCRA, regardless of which Proposal appears to offer the best monetary value to the BBCRA; n. Waive any required element or condition found in this RFP/RFQ for all Proposals or for a specific Proposal; o. Waive any formalities associated with this RFP/RFQ; p. Negotiate agreements, abandon or withdraw from negotiations, approve agreements, and take other similar actions as a result of this RFP/RFQ. Any proposer who submits a Proposal in response to this RFP/RFQ fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. In the event of any differences between this disclosure and disclaimer and the balance of the RFP/RFQ, the provisions of this disclosure and disclaimer shall govern. If proposer fails to fully comply with all requirements of this RFP/RFQ, proposer or proposer’s Proposal may be disqualified. 17. Protests. The Bid Protest Policy is available upon request. Submittal of a Proposal in response to this RFP/RFQ constitutes acceptance of this policy. 18. Non‐Discrimination. The selected proposer, on behalf of itself, its successors and its assigns, agrees that no person shall, on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation, be subjected to discrimination in any way that is associated with the RFP/RFQ, the BBCRA, the Proposal, any agreement resulting from this RFP/RFQ, or the Project. Respondents are hereby notified that pursuant to Section 287.05701, Florida Statutes, the BBCRA may not request documentation concerning or consider a vendor's social, political, or ideological interests when determining if the respondent is a responsible respondent, and may not give preference to a respondent based on the respondent's social, political, or ideological interests. 15 of 102 193 19. Permits, Taxes, Licenses and Laws. The successful proposer will be required to pay for and/or obtain, at its own expense, all permits, licenses, fees, and taxes required, and to comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to responding to this RFP/RFQ and carrying out the Project. 20. Sensitive and Proprietary Information. The BBCRA will maintain the confidentiality of sensitive and proprietary information to the extent permitted by law. The BBCRA will consider all other information, documentation and other materials submitted in response to this RFP/RFQ to be of non‐confidential and/or non‐ proprietary in nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. If a proposer believes any portion of a proposal is exempt from public records disclosure, the proposer must identify the portion of the proposal it believes it is exempt, state the reason for exemption, and request the BBCRA exempt it from public records disclosure. The BBCRA will exempt portions of a proposal from public records disclosure only to the extent permitted by law. 21. Public Records. The BBCRA is public agency subject to Chapter 119, Florida Statutes. The successful proposer shall comply with Florida’s Public Records Law. Specifically, the successful proposer shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the BBCRA in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the BBCRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and, d. Meet all requirements for retaining public records and transfer to the BBCRA, at no cost, all public records in possession of the proposer upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the BBCRA in a format that is compatible with the information technology systems of the BBCRA. IF PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS RFP/RFQ, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737‐3256; 100 E. Ocean Avenue, Boynton Beach, Florida 33435, ShuttT@bbfl.us. 16 of 102 194 22. Public Entity Crimes Statement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals , or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in F.S. Sec. 287.017 for CATEGORY TWO for a period of thirty‐six (36) months following the date of being placed on the convicted vendor list. In order to qualify for consideration under this RFP/RFQ, proposer must complete and attach Attachment “K” Public Entity Crimes Statement. 23. Drug Free Workplace Certification Preference shall be given to proposer(s) with drug free work programs, under the standards described in Section 287.087, Florida Statutes. Whenever two (2) or more proposals that are equal with respect to price, quality and service are received by the BBCRA or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug‐free workplace program shall be given preference in the award process. In order to receive such preference, the proposer shall complete and submit with its Proposal the attached certification, Attachment "L," Drug Free Workplace Certification. 24. E‐Verify. In any agreement resulting from this RFP/RFQ, the proposer will be required to warrant, for itself and its subcontractors, compliance with all federal immigration laws and regulations that relate to their employees. Proposer agrees and acknowledges that the BBCRA is a public employer that is subject to the E‐verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 will apply to such an agreement. 25. Authorization for Release of Information Proposer consents to the BBCRA checking references and contacting prior stakeholders concerning past projects proposer has completed. Bidders must complete Attachment “M” Authorization for Release of Information. 26. Non‐Scrutinized Entity By submitting a bid, bidder certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. Proposers must complete Attachment “N,” Certification of Non‐Scrutinized Entity. END OF MAIN DOCUMENT PROCEED TO ATTACHMENTS 17 of 102 195 LIST OF ATTACHMENTS: A. AERIAL MAP/PARCEL MAP B. SURVEY OF BBCRA OWNED PROPERTIES C. USPS REQUIREMENTS i. Requirement Overview ii. Facility Planning Concept Summary iii. Development Proposal iv. USPS Lease Form D. PROPOSAL CHECKLIST E. PROPOSER(S) INFORMATION F. PROPOSED PROJECT FUNDING USES AND SOURCES INFORMATION G. DISCLOSURE AND AUTHORIZATION TO PERFORM CREDIT CHECK (PRINCIPAL OWNERS) i. AUTHORIZATION TO PERFORM CREDIT CHECK (BUSINESS) H. CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT DEPARTMENT MEETING VERIFICATION FORM I. ACKNOWLEDGMENT LETTER J. ADDENDA ACKNOWLEDGEMENT K. PUBLIC ENTITY CRIMES STATEMENT L. CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM M. AUTHORIZATION FOR RELEASE OF INFORMATION N. CERTIFICATION OF NON‐SCRUTINIZED COMPANY O. LANDLORD PROPOSAL 18 of 102 196 ATTACHMENT “C” USPS REQUIREMENTS 19 of 102 197 Boynton Beach Downtown Station Fin-Sub Location Number: 110960-001 Boynton Beach Downtown Station 401-411 Boynton Beach Blvd Boynton Beach, FL 33435 Draft Date: 6/28/2022 20 of 102 198 © 2017 Jones Lang LaSalle IP, Inc. All rights reserved.2 Table of Contents A.Requirement Overview B.Facility Planning Concept Summary C.Market Survey Details D.401-411 East Boynton Beach Blvd E.Appendix 1.Site Survey 2.Request for Proposal 3. USPS Lease Form 21 of 102 199 ATTACHMENT “C.i.” REQUIREMENT OVERVIEW 22 of 102 200 © 2017 Jones Lang LaSalle IP, Inc. All rights reserved.3 A.USPS Requirement Overview Narrative Due to redevelopment of the existing Downtown Station post office located at 217 N Seacrest Blvd, Boynton Beach, FL 33435, the United States Postal Service (USPS) is relocating its retail operations to 401-411 E Boynton Beach Blvd, Boynton Beach, FL 33435, a property owned by Boynton Beach Community Redevelopment Agency. USPS is unable to purchase the land directly and is looking for a developer to purchase the land and construct a new retail post office. Key Details of USPS Requirement Premises Size: Approximately 2,944 gross SF Parking Requirements: 9 employee spaces, 18 customer spaces Loading Requirements: One 30” dock Sarah Kutner Jones Lang LaSalle Americas Phone: 202-719-6135 Email: Sarah.Kutner@am.jll.com Thuy Shutt Boynton Beach CRA Phone: +1 561-600-9098 Email: ShuttT@bbfl.us Contacts: 23 of 102 201 ATTACHMENT “C.ii.” FACILITY PLANNING CONCEPT SUMMARY 24 of 102 202 © 2017 Jones Lang LaSalle IP, Inc. All rights reserved.4 B. Facility Planning Concept Summary 25 of 102 203 © 2017 Jones Lang LaSalle IP, Inc. All rights reserved.5 C.401-411 E. Boynton Beach Blvd 26 of 102 204 ATTACHMENT “C.iii.” DEVELOPMENT PROPOSAL 27 of 102 205 © 2017 Jones Lang LaSalle IP, Inc. All rights reserved.6 D.Development Proposal Location:401-411 E. Boynton Beach Blvd Boynton Beach, FL 33435 Owner:Boynton Beach Community Redevelopment Agency Zoning:C3 Site Size:16,692 SF Land Land Development Plans Demolish remaining building on lot. Building Development Plans A building to meet USPS’s requirements, listed in (A) and (B) of this presentation. Developer may complete additional improvements. USPS will complete build-out of its interior space from shell. Lease Terms Please see RFP in appendix 28 of 102 206 Page 1 of 3 U.S. Postal Service Lease Proposal Boynton Beach Relocation Thuy Shutt, AIA, FRA RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. Boynton Beach, FL 33435 June 28, 2022 Re: 401-411 E. Boynton Beach Blvd., Boynton Beach, FL Dear Ms. Shutt, On behalf of the United States Postal Service (USPS), Jones Lang LaSalle is pleased to submit this Letter of Intent (LOI) to the Boynton Beach CRA. Due to the pending sale of the current USPS location, USPS needs to relocate its retail operation. To continue to best serve the community, USPS seeks a new location as close as possible to the downtown hub. The CRA-owned property at 401-411 E. Boynton Beach Blvd. is an ideal site. However, because USPS is unable to purchase the land directly and construct a new building itself, they are respectfully requesting the CRA’s assistance with the following solution: for the CRA to utilize Option II of its LOI Policy to issue a Request for Proposals to qualified parties to purchase the CRA-owned parcel and construct a freestanding building which USPS will lease on a long-term basis. Following are the details of this requirement: 1.USPS Building Requirements: Item Requirement Premises Size: 3,490 SF Premises Type: Retail post office Docks Required: One (1) dock Parking: 22 Spaces 2.Form of Lease: As a federal entity, USPS is required to utilize its lease form. 3.Rental Type: USPS seeks a modified gross lease, whereby the landlord would have responsibility for maintaining the building and grounds. 4.Space Condition: USPS will provide a complete design which the landlord shall use to construct the building shell. USPS will build out the interior itself. 5.Lease Term: 120 Months (possibly longer), with two (2) five-year options to renew. 6.Tenant's Broker:Jones Lang LaSalle is Tenant’s exclusive broker and representative. Jones Lang LaSalle is not an agent or subagent of the Landlord. Landlord shall pay Jones Lang LaSalle one full real estate commission equal to 4% of the lease value, due and payable at lease execution. Please feel free to contact me with any further clarification or questions in order to help you expedite your response. Appendix 2 29 of 102 207 U.S. Postal Service Lease Proposal Boynton Beach Relocation Page 2 of 3 Sincerely, Sarah Kutner, Senior Transaction Manager Jones Lang LaSalle Email: Sarah.Kutner@am.jll.com Tel: (202) 719-6135 cc: Richard Hancock, USPS Steve Robinson, JLL 30 of 102 208 31 of 102 209 32 of 102 210 33 of 102 211 34 of 102 212 JOSE E. BLANCO - ARCHITECTARCHITECTURE / PLANNING / FLA. REG. 100132673 SW 14th COURTDEERFIELD BEACH, FLORIDA 33442(305) 205-1813eMail: blancoarchitects@att.netREV: DWG BY: PROJ NO: DATE:BOYNTON BEACH FINANCEPROPOSED401-411 BOYNTON BEACH BLVD.BOYNTON BEACH, FL.33435-9998C-1 22-19 EA 08/26/22 35 of 102 213 EXIST'G ONE STORY BUILDING No. 413 & 415 LOT 3LOT 4LOT 5LOT 6 129.60'120'98.17'1 5 6 11 13 14 18 12 17 COVERED LOADING TRASH PLATFORM EXIST'G ALLEY EXIST'G ALLEY EXIST'G BUILDING FLAG POLE C.L.F.C.L.F. 15' GATE 15' GATE C.L.F.GATE 6' MASONRY WALL 6'x8' SCISSORS LIFT PROPOSED ONE STORYBUILDING No. 401 PLAZA PLAZA OVERHANGOVERHANG ROOF SLOPEROOF SLOPELEGEND CENTER LINE RIGHT-OF-WAY PROPERTY LINE TYPICAL CURB TYPE D N.T.S. NOTES 1. CONCRETE SHALL HAVE MINIMUM STRENGTH 3,000 PSI. EXISTING GRADE ELEVATION (NAVD '88) PROP. GRADE ELEVATION (NAVD '88) PROP. STORM DRAINAGE STRUCTURE 2. RAINFALL RUNOFF SHALL BE RETAINED ON-SITE. 3. ELEVATIONS HEREIN ARE REFERENCED TO N.A.V.D., 1988.JOSE E. BLANCO - ARCHITECTARCHITECTURE / PLANNING / FLA. REG. 100132673 SW 14th COURTDEERFIELD BEACH, FLORIDA 33442(305) 205-1813eMail: blancoarchitects@att.netREV: DWG BY: PROJ NO: DATE:BOYNTON BEACH FINANCEPROPOSED401-411 BOYNTON BEACH BLVD.BOYNTON BEACH, FL.33435-999808/26/22 EA 22-19 C-2 BOYNTON BEACH BLVD (SR 804)NE 3 STREETTYPICAL NEW PAVING CROSS-SECTION N.T.S. 36 of 102 214 37 of 102 215 38 of 102 216 39 of 102 217 40 of 102 218 JOSE E. BLANCO - ARCHITECTARCHITECTURE / PLANNING / FLA. REG. 100132673 SW 14th COURTDEERFIELD BEACH, FLORIDA 33442(305) 205-1813eMail: blancoarchitects@att.netREV: DWG BY: PROJ NO: DATE: OFBOYNTON BEACH FINANCEPROPOSED401-411 BOYNTON BEACH BLVD.BOYNTON BEACH, FL.33435-9998OF M0.01 X 41 of 102 219 ²²² ” JOSE E. BLANCO - ARCHITECTARCHITECTURE / PLANNING / FLA. REG. 100132673 SW 14th COURTDEERFIELD BEACH, FLORIDA 33442(305) 205-1813eMail: blancoarchitects@att.netREV: DWG BY: PROJ NO: DATE: OFBOYNTON BEACH FINANCEPROPOSED401-411 BOYNTON BEACH BLVD.BOYNTON BEACH, FL.33435-9998OF M.0.02 X 42 of 102 220 ONE STORY BUILDING No. 413 & 415120'13 14 12 17 HAMPERSZIP CODE GRAPHIC VINYL CURTAIN RESTRM HC BENCH SELF SERVICE RENT-A-BOX FULL SERVICE WORKROOM BREAK AREA SCREENLINE CUSTOMER PARKING PLATFORM RESTRM VEST.STOR. JAN.ELECT./ IT GATE 6' MASONRY WALL 6'x8' SCISSORS LIFT WICKET DOOR RENT-A-BOX RENT-A-BOX 25'-0" OVERHANGOVERHANG 7'JOSE E. BLANCO - ARCHITECTARCHITECTURE / PLANNING / FLA. REG. 100132673 SW 14th COURTDEERFIELD BEACH, FLORIDA 33442(305) 205-1813eMail: blancoarchitects@att.netREV: DWG BY: PROJ NO: DATE: OFBOYNTON BEACH FINANCEPROPOSED401-411 BOYNTON BEACH BLVD.BOYNTON BEACH, FL.33435-9998OF M2.01 X 43 of 102 221 JOSE E. BLANCO - ARCHITECTARCHITECTURE / PLANNING / FLA. REG. 100132673 SW 14th COURTDEERFIELD BEACH, FLORIDA 33442(305) 205-1813eMail: blancoarchitects@att.netREV: DWG BY: PROJ NO: DATE: OFBOYNTON BEACH FINANCEPROPOSED401-411 BOYNTON BEACH BLVD.BOYNTON BEACH, FL.33435-9998OF P0.01 X 44 of 102 222 ONE STORY BUILDING No. 413 & 415120'13 14 12 17 HAMPERSZIP CODE GRAPHIC VINYL CURTAIN RESTRM HC BENCH SELF SERVICE RENT-A-BOX FULL SERVICE WORKROOM BREAK AREA SCREENLINE CUSTOMER PARKING PLATFORM RESTRM VEST.STOR. JAN.ELECT./ IT GATE 6' MASONRY WALL 6'x8' SCISSORS LIFT WICKET DOOR RENT-A-BOX RENT-A-BOX 25'-0" OVERHANGOVERHANG 7'JOSE E. BLANCO - ARCHITECTARCHITECTURE / PLANNING / FLA. REG. 100132673 SW 14th COURTDEERFIELD BEACH, FLORIDA 33442(305) 205-1813eMail: blancoarchitects@att.netREV: DWG BY: PROJ NO: DATE: OFBOYNTON BEACH FINANCEPROPOSED401-411 BOYNTON BEACH BLVD.BOYNTON BEACH, FL.33435-9998OF P2.01 X 45 of 102 223 ONE STORY BUILDING No. 413 & 415120'13 14 12 17 HAMPERSZIP CODE GRAPHIC VINYL CURTAIN RESTRM HC BENCH SELF SERVICE RENT-A-BOX FULL SERVICE WORKROOM BREAK AREA SCREENLINE CUSTOMER PARKING PLATFORM RESTRM VEST.STOR. JAN.ELECT./ IT GATE 6' MASONRY WALL 6'x8' SCISSORS LIFT WICKET DOOR RENT-A-BOX RENT-A-BOX 25'-0" OVERHANGOVERHANG 7'JOSE E. BLANCO - ARCHITECTARCHITECTURE / PLANNING / FLA. REG. 100132673 SW 14th COURTDEERFIELD BEACH, FLORIDA 33442(305) 205-1813eMail: blancoarchitects@att.netREV: DWG BY: PROJ NO: DATE: OFBOYNTON BEACH FINANCEPROPOSED401-411 BOYNTON BEACH BLVD.BOYNTON BEACH, FL.33435-9998OF P2.02 X 46 of 102 224 EXIST'G ONE STORY BUILDING No. 413 & 415120'13 14 12 17 CUSTOMER PARKING PLATFORM GATE 6' MASONRY WALL SCISSORS LIFT PLAZA OVERHANGOVERHANG ROOF SLOPEROOF SLOPEJOSE E. BLANCO - ARCHITECTARCHITECTURE / PLANNING / FLA. REG. 100132673 SW 14th COURTDEERFIELD BEACH, FLORIDA 33442(305) 205-1813eMail: blancoarchitects@att.netREV: DWG BY: PROJ NO: DATE: OFBOYNTON BEACH FINANCEPROPOSED401-411 BOYNTON BEACH BLVD.BOYNTON BEACH, FL.33435-9998OF P2.03 X 47 of 102 225 ATTACHMENT “C.iv.” USPS LEASE FORM 48 of 102 226 Lease PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 49 of 102 49 of 102 227 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Lease (Single-Tenant Form) March 2021 Page of 1 3 This Lease, by and between LANDLORD ENTITY NAME, ("Landlord") and the United States Postal Service ("USPS" or "Postal Service"), is made as of the Effective Date. The "Effective Date" shall mean the date the Postal Service executes this Lease. In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which are hereby acknowledged, the parties covenant and agree as follows: 1.PREMISES: Landlord hereby leases to the Postal Service and the Postal Service leases from Landlord, the following premises (the "Premises") consisting of the entirety of the building having a street address of ADDRESS, CITY, STATE ZIP+4 (the "Building") situated upon the real property with an Assessor's Parcel Number of APN and legally described in Exhibit A attached hereto and by this reference incorporated herein (the " Property"). The Premises consists of approximately 1 net interior square feet of space and additional space, if any, as shown on Exhibit C, each of which is attached hereto and incorporated herein by this reference. The Postal Service shall have the right to use any and all appurtenances and easements benefiting the Premises and the Property, including sidewalks, driveways, drive lanes, entrances, exits, access lanes, roadways, service areas, and parking areas, wherever located in or on the Property, which the Postal Service deems necessary or appropriate to support its intended use of the Premises and to exercise its rights under this Lease. Landlord shall not make any changes to the size, location, nature, use or place any installations upon the sidewalks and parking areas of the Property which impair the accessibility to or visibility of or ease of use of the Premises by the Postal Service and/or its customers, as reasonably determined by the Postal Service. At no expense to the Postal Service and/or its employees or customers, Landlord shall provide a minimum of 2 parking spaces, sized for (i) passenger trucks, vans and cars and (ii) mail trucks of varying sizes, in reasonable proximity to the Premises, which shall be available at all times for Postal Service employees and customers. The number of parking spaces shall include sufficient parking spaces reserved for those with handicapped parking stickers to comply with law and Landlord shall provide any signage or striping required to indicate such reserved spaces. The location and sizes of the parking spaces are shown on the attached Exhibit B, which is incorporated herein by this reference. At least 2 of the 0 parking spaces shall be reserved for the exclusive use of the Postal Service employees and customers and Landlord shall clearly identify through signage or otherwise the spaces reserved for Postal Service use. The Landlord has supplied the following systems and equipment: 1. Heating System 2. Air Conditioning System 3. Electrical Distribution System 4. Light Fixtures 5. Water Distribution System including hot water supply 6. Sewer or Septic System The maintenance of these items is governed by the Maintenance Rider Landlord Responsibility attached to this Lease (the "Maintenance Rider"). 2. TERM: The Lease shall be effective as of the Effective Date but the term of this Lease and the obligations of the Postal Service, including the payment of any charges or rent under this Lease, shall commence ("Commencement ") on the first day of the month following the Postal Service's acceptance of the Premises in accordance withDate the terms of this Lease. The Commencement Date will be confirmed by written notice from the Postal Service to the 50 of 102 228 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Lease (Single-Tenant Form) March 2021 Page of 2 3 Landlord. Such written notice may also include set dates for the renewal option terms based on the actual Commencement Date. If Landlord fails to object to the dates in such notice within 10 business days, such date shall be final and binding on the parties. The Lease shall expire on the last day of the calendar month120th following the Commencement Date. If this Lease is extended, then such extended period shall also be referred to herein as the " ."term 3. RENT: The Postal Service will pay Landlord an annual rent of: $0.00 ("Rent 1") beginning MONTH 1 and ending MONTH 6 $1.00 ("Rent 2") beginning MONTH 7 and ending MONTH 60 $1.00 ("Rent 3") beginning MONTH 61 and ending MONTH 120 payable in equal installments at the end of each calendar month during the term. Rent for a part of a month will be prorated according to the number of days of the month occurring during term. Rent shall be paid to: LANDLORD ADDRESS & CONTACT INFORMATION 4. RENEWAL OPTIONS: The Postal Service shall have the right to the following renewal options: Period Annual Rent MONTH 121 MONTH 180 Market Value MONTH 181 MONTH 240 Market Value provided that notice of exercise of each such renewal option is sent in writing, to the Landlord at least days30 before the end of the initial Lease term and each renewal term. All other terms and conditions of this Lease will remain the same during any renewal term unless stated otherwise herein. 5. OTHER PROVISIONS: When used herein the term "lease" or "Lease" includes all of the following additional provisions, modifications, riders, layouts, and/or forms which were agreed upon prior to execution and made a part of this Lease. General Conditions to USPS Lease Exhibit A (Legal Description of Property) Exhibit B (Parking Area) Exhibit C (Premises Area) Utilities and Services Rider Addendum Maintenance Rider Landlord Responsibility 51 of 102 229 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Lease (Single-Tenant Form) March 2021 Page of 3 3 Tax Rider Reimbursement of Paid Taxes Subordination, Non-Disturbance and Attornment Agreement Renewal Option Rider (Market Value) 6. TERMINATION: There shall be no early termination rights, except as otherwise provided in this Lease. 7. CONFLICT OF INTEREST. To avoid actual or apparent conflicts of interest, the Postal Service requires the certification set forth on the signature page from Landlord. The Postal Service will be relying on the accuracy of the statements made by you in this certification. If Landlord's certifications below are false, or Landlord breaches the certification and fails to notify the Postal Service Contracting Officer as provided below, then the Postal Service may exercise any or all of the following remedies: (i) withhold Rent and all other payments and reimbursements due or to become due under this Lease until Landlord remedies the misrepresentation or the Postal Service waives such conflict of interest, (ii) terminate the Lease on a date set forth in the notice to Landlord without penalty, or (iii) exercise any other remedy it may have for damages or injunctive relief. [Conflict of Interest/Signature Page Follows] 52 of 102 230 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Conflict of Interest/Signature Page March 2021 Page of 1 1 CONFLICT OF INTEREST CERTIFICATION BY LANDLORD : Please check all that apply in item A below and complete item B below if necessary.LANDLORD The undersigned certifies to the Postal Service as follows: A. (Check all that apply) Landlord is: (i) ____ A Postal Service employee or a business organization owned or controlled by a Postal Service employee; (ii) ____The spouse of a Postal Service employee or a business organization owned or controlled by a spouse of a Postal Service employee; (iii) ____ A family member of a Postal Service employee or a business organization owned or controlled by a family member of a Postal Service employee; (Relationship) _________________ (iv) ____ An individual residing in the same household as a Postal Service employee or a business organization owned or controlled by an individual residing in the same house as a Postal Service employee; (v) ____ None of the above. B. If you checked any of A (i) through (iv) above complete as applicable: (i) Postal Service Employee: (Name) _______________________ (Title) ________________________ (Location) ________________________ (ii) Spouse who works for the Postal Service: (Name) _______________________ (Title) ________________________ (Location) ________________________ (iii) Family member who works for the Postal Service: (Name) _______________________ (Title) ________________________ (Location) ________________________ (iv) Household Member who works for the Postal Service: (Name) _______________________ (Title) ________________________ (Location) ________________________ C. If you have checked "none of the above" and during the lease term or any renewal term, you do fall into any of the categories listed in A (i) through (iv) above, you must notify the Postal Service's Contracting Officer in writing within 30 days of the date you fall into any of the categories and shall include an explanation of which of the above categories now applies. The person signing this Lease certifies under penalty of perjury that he/she/they has full power and authority to bind the Landlord named below. LANDLORD NAME:LANDLORD ENTITY NAME __________________________ Name:____________________ Witness __________________________ Name: ____________________ Witness Signature: __________________________ Print Name: Title: Date: __________________________ Landlord's signature must be witnessed by two individuals, which shall sign where indicated above Telephone No: __________________________________________________________________________ Email Address: __________________________________________________________________________ (Official notices under the Lease are delivered pursuant to Section 10(n) of the General Conditions to USPS Lease) POSTAL SERVICE: Signature: ________________________ Print Name: Title: Contracting Officer Date: ________________________ 53 of 102 231 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Instructions March 2021 Page of 1 2 Instructions for Execution and Providing Supporting Documentation for Types of Landlord Entities Generally a. All co-owners, whether entities or individuals, having a legal interest in the Premises must execute the Lease. b. All signatures must be witnessed by two individuals as indicated on the signature page. c. The Landlord must submit adequate evidence of title to the Premises. d. Landlord must complete the Conflict of Interest Certification on the signature page. Landlord's signature to the Lease also acts as Landlord's certification as to the truth of the information set forth in the completed Conflict of Interest Certification. Individual, Administrator, or Trustee a. Where the Landlord is an individual, Landlord must execute the Lease. If an individual Landlord is married, the spouse of the Landlord must also execute the Lease. Any individual may provide a power of attorney authorizing another individual to execute the Lease on their behalf. b. Where the Landlord is an administrator or an executor of an estate, Landlord must provide a certificate of the clerk of the court or certified copy of the court order showing the appointment of the administrator or executor, together with a certified copy of the will of the deceased. If there is no will, or in the event the will of the deceased does not specifically authorize the administrator or the executor to enter into a lease for the Premises, Landlord must provide a certified copy of the court order authorizing such administrator or executor to enter into a lease for the Premises. c. Where the Landlord is a Trust/Trustee, Landlord must provide a certified copy of the instrument creating the trust or a certificate of trust executed by the trustee(s), together with any other evidence necessary to establish the trustee's authority to lease the Premises. The Lease must be executed by the Trustee(s) and any Beneficiary of the Trust who has the power to control the distribution of the assets of the Trust. Partnership a. If the Landlord is a partnership, Landlord must provide documentary evidence affirming the authority of the signatory(ies) to bind the partnership by executing the Lease. The usual evidence required to establish such authority is in the form of extracts from the partnership certificate, partnership agreement, a resolution signed by all general partners authorizing the signatory to execute the Lease, or a sworn statement of a general partner. Any resolutions, sworn statements or powers of attorney must specifically identify the Premises, the parties to the Lease and that names and official titles of the partner(s) who are authorized to execute the Lease. b. If the Landlord is a general partnership, in the absence of a resolution, sworn statement, or power of attorney authorizing one partner to execute the Lease, each partner must execute the Lease. c. If the Landlord is a limited partnership, in the absence of a resolution, sworn statement, or power of attorney authorizing one partner to execute the Lease, all general partners must execute the Lease. Corporation Where the Landlord is a corporation, municipal corporation, non-profit organization, or fraternal order or society, Landlord must provide documentary evidence affirming the authority of the signatory, to execute the Lease on behalf of the entity. The usual evidence required to establish such authority is in the form of extracts from the articles of incorporation, or bylaws, or the minutes of a meeting of the board of directors duly certified by the custodian of such records, or a sworn statement of an officer of the entity. Any resolution or sworn statement 54 of 102 232 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Instructions March 2021 Page of 2 2 must specifically identify the property, the parties to the Lease and the names and official titles of the officer(s) who are authorized to execute the Lease. Limited Liability Company (LLC) Where the Landlord is an LLC, the Landlord must provide documentary evidence affirming the authority of the signatory, to execute the Lease to bind the LLC, for which they purport to act. The usual evidence required to establish such authority is in the form of extracts from the formation documents for the LLC, including, without limitation, the certificate of formation and limited liability company agreement, or a sworn statement of the manager or managing member of the LLC. Any resolution or sworn statement must specifically identify the property, the parties to the Lease and the names and official titles of the officer(s) who are authorized to execute the Lease. Limited Liability Partnership (LLP) Where the Landlord is a Limited Liability Partnership, the Landlord must provide documentary evidence affirming the authority of the signatory, to execute the Lease to bind the Limited Liability Partnership for which they purport to act. The usual evidence required to establish such authority is in the form of extracts from the formation documents for the limited liability partnership, including, without limitation, the certificate of formation and limited liability partnership agreement, or a sworn statement of the managing partner of the LLP. Any sworn statement must specifically identify the property, the parties to the Lease and the names and official titles of the officer(s)s who are authorized to execute the Lease. 55 of 102 233 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Exhibits March 2021 Page of 1 3 Exhibit A [Legal Description of Property] INSERT LEGAL DESCRIPTION HERE 56 of 102 234 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Exhibits March 2021 Page of 2 3 Exhibit B Parking Area (If Applicable) 57 of 102 235 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Exhibits March 2021 Page of 3 3 Exhibit C Premises Area Lease Defined Space Measurements Sq ft Common/Joint Use Area Sq ft Rentable SF:1 Joint-use/Exterior Parking:1 Total USPS Leased SF:1 Postal Vehicle & Employee Parking Spaces (Leased or Postal Owned)Spaces Customer Parking Spaces Spaces Exterior Spaces:1 Exterior Spaces:1 Area Comments 58 of 102 236 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Addendum March 2021 Page of 1 1 If there is any conflict or ambiguity between any items of the Lease or this Addendum, the terms of this Addendum shall control. ADDENDUM 59 of 102 237 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT General Conditions to USPS Lease March 2021 Page of 1 11 1. APPLICABLE CODES AND ORDINANCES The Landlord shall comply with all codes and ordinances applicable to the ownership and operation of the Building and Property without regard to the Postal Service tenancy and obtain all necessary building permits, certificates of occupancy, and similar related items at no cost to the Postal Service. The Postal Service agrees (i) to comply with all applicable codes and ordinances to the operations of the Postal Service at the Premises, to the extent enforceable against the Postal Service, and (ii) when the Postal Service or one of its contractors (other than Landlord) is performing work at the Premises, the Postal Service will be responsible for obtaining applicable permits and related items and to pay the associated costs. Nothing herein shall be construed as a waiver of the Postal Service's sovereign immunity. 2. LANDLORD'S INTEREST a. Landlord represents and warrants to the Postal Service that as of the Effective Date, (i) Landlord owns and holds fee title in and to the Building, the Premises and the Property; (ii) there are no encumbrances, liens, agreements, or covenants in effect that would materially interfere with the Postal Service's ability to operate its operations, materially impair the Postal Service's rights under this Lease, or materially increase the Postal Service's obligations under this Lease; and (iii) Landlord is unaware of any existing or impending condemnation plans, proposed special assessments or other adverse physical conditions relating to the Property (provided that if the Premises has been previously occupied by the Postal Service, then Landlord's representation regarding adverse physical conditions relating to the Property is limited to conditions that Landlord is responsible to maintain, repair, replace or remediate under this Lease). The term " " as used herein shall mean only the owner or owners, at the time inLandlord question, of the fee title (or a tenant's interest in a ground lease) of the Property. b. If this Lease provides for payments aggregating $10,000 or more to Landlord, claims for monies due or to become due from the Postal Service under it may be assigned by Landlord to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party at a time, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this Lease. No assignment or reassignment by Landlord will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment and other reasonable documentation, including without limitation, a W-9, is filed with: 1. the Postal Service's Contracting Officer; and 2. the surety or sureties, if any, upon any bond. c. Assignment by Landlord of this Lease or any interest in this Lease other than in accordance with the provisions of this clause will be grounds for termination of this Lease by the Postal Service. d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the Premises by Landlord, provided that: 1. such transfer is subject to this Lease; 2. a copy of the recorded deed or other official transfer instrument evidencing the transfer is provided to the Postal Service; and 60 of 102 238 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT General Conditions to USPS Lease March 2021 Page of 2 11 3. Landlord shall cause its assignee or transferee to assume the provisions of this Lease and Landlord shall deliver notice of such assignment or transfer and a copy of the effective instrument of transfer to the Postal Service within 15 days after the date of transfer. In addition, both the original Landlord and the successor landlord shall execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form to be provided by the Postal Service within 15 days after receipt of such form from the Postal Service and the successor landlord shall provide other reasonable documentation, including without limitation, a W-9 and the standard Conflict of Interest Certification Form. If a transfer occurs due to the death or dissolution of the Landlord, the Postal Service may reasonably request such other documentation to evidence the transfer and ownership by the successor landlord, including but not limited to, a W-9 and an agreement to indemnify and hold harmless the Postal Service with respect to any claims by other parties of ownership interest in the Premises or entitlement to the Rent. The Postal Service shall be entitled to continue to pay Rent and give all notices to Landlord until it has received the foregoing from Landlord. Landlord shall deliver all such funds in which the Postal Service has an interest to Landlord's successor or assignee. Provided Landlord's successor or assignee expressly assumes Landlord's duties and covenants under this Lease as required hereunder, Landlord shall be released from all liability toward the Postal Service arising from this Lease because of any act, occurrence or omission of Landlord's successors occurring after the transfer of Landlord's interest in this Lease. Nothing herein shall be deemed to relieve Landlord of any liability for its acts, omissions or obligations occurring or accruing up to and including the date of such assumption by Landlord's successor, and the Postal Service shall be free to exercise any and all remedies for a Landlord default against either the Landlord or a successor landlord, at the election of the Postal Service. Notwithstanding anything to the contrary contained herein, in the case of new leased space projects, this Lease may only be assigned, or ownership of the property transferred following commencement of the fixed term, unless prior written consent is obtained from the Postal Service. 3. ASSIGNMENT/SUBLEASE BY THE POSTAL SERVICE The Postal Service may sublet all or any part of the Premises or assign this Lease only with the prior written consent of Landlord, such consent not to be unreasonably withheld, conditioned, or delayed, but the Postal Service shall not be relieved from any obligation under this Lease by reason of any subletting or assignment. If Landlord fails to respond in writing to a written request to sublease or assign from the Postal Service within 30 days after receipt by Landlord of the Postal Service's written request, Landlord shall be deemed to have consented to such sublease or assignment, as applicable. 4. ALTERATIONS AND RESTORATION a. The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures and install flags or signs in or upon the Premises or common areas; which fixtures, additions, structures, flags or signs so placed in, upon or attached to the Premises or common areas shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service at any time and from time to time, including, without limitation, at the end of the term, subject to the provisions of Section 4b below. b. Upon expiration or termination of this Lease, the Postal Service shall remove its personal property and restore the Premises to a "broom clean" condition with any systems and structures for which the Postal Service is responsible (under the Maintenance Rider attached to this Lease) in working order. Except as provided to the contrary in the immediately preceding sentence, the Postal Service shall not be responsible to restore any condition due to reasonable and ordinary wear and tear, damages by the elements, or by circumstances over which the Postal Service has no control. The Postal Service at its sole option may, prior to the expiration or termination of the Lease, remove any or all of its alterations or improvements or elect to abandon the alterations or improvements in or on the Premises. If the Postal Service elects to abandon, the abandoned alterations and improvements shall 61 of 102 239 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT General Conditions to USPS Lease March 2021 Page of 3 11 become the property of the Landlord and the Postal Service shall be relieved of any liability in connection therewith; provided, however, if following expiration of the Lease the Postal Service enters into a new lease agreement with Landlord to remain in the Premises, the Postal Service shall have continued responsibility for maintenance of such alterations or improvements which were installed by the Postal Service during the term of this Lease (and not by Landlord) in accordance with the Maintenance Rider attached to this Lease. 5. [RESERVED] 6. INSURANCE a.. Landlord acknowledges that the Postal Service does not routinely purchasePostal Service's Insurance commercial insurance or maintain a separate account for potential claims, as is required to technically be considered "self-insured." Rather, the Postal Service is authorized to pay proper claims against it out of its general revenue fund and available credit, and is subject to suit for damages. Liability claims against the Postal Service are governed by the Federal Tort Claims Act, 39 U.S.C. §409(c), with the specific provisions being set forth at 28 U.S.C. §§1346(b), 2401(b), and 2671-2680. With respect to the issue of Workers' Compensation coverage, pursuant to 39 U.S.C. §1005(c), the Federal Employees' Compensation Act ("FECA"), 5 U.S.C. §§8101 et seq., is the exclusive remedy for all postal employees who sustain personal injuries on the job. While the Landlord is hereby waiving its standard insurance requirements for the Postal Service, if at any time the Postal Service assigns or subleases any portion of the Premises in accordance with the terms of this Lease to a non-governmental entity, Landlord has the right to impose its reasonable insurance requirements on the assignee and/or subtenant which are based on the assignee's and/or subtenant's proposed use of the Premises including the requirement that the assignee and/or subtenant reimburse Landlord for any increase in insurance premiums incurred by Landlord as a result of the assignee and/or subtenant's proposed use for the balance of the Term and any extensions, all as a condition of the assignment or sublease. b. Landlord shall, at its own expense, obtain and keep in full force and effect, the followingLandlord's Insurance. insurance from an insurance company with a Best's rating of at least A- and a Best's financial performance rating of at least 7. The insurance required to be carried by Landlord under this Section shall be referred to herein as Upon request, Landlord shall provide the Postal Service with a copy of the certificate of"Landlord's Insurance." insurance and either a premium bill evidencing Landlord's Insurance or a statement signed by Landlord's insurer confirming the date to which the premium has been paid in full, together with the appropriate form stating Landlord's insurance policy(ies) has been endorsed. (i). Bodily injury, personal injury and property damage insurance, naming the Postal ServiceLiability Insurance as an additional insured, insuring against claims of bodily injury or death, personal injury or property damage, arising out of or in connection with Landlord's acts or omission upon, in or about the Property, with an each occurrence limit of not less than $2,000,000 and a general aggregate limit of not less than $2,000,000. Landlord's Insurance shall be primary with respect to any claim covered under such insurance and arising out of events that occur outside the Premises. Landlord shall have the right, but not the obligation, to increase the amounts or limits of insurance to such amounts as Landlord deems reasonably necessary. Landlord may, at Landlord's option, carry insurance required under this Section under an umbrella policy or policies for coverage amounts exceeding $1,000,000, provided that such umbrella policy or policies otherwise comply with the requirements of this Section. (ii). Insurance covering loss or damage to the Premises and the Property by reason of fireProperty Insurance (extended coverage) and those perils included within the classification of "Special Form Causes of Loss" 62 of 102 240 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT General Conditions to USPS Lease March 2021 Page of 4 11 insurance (with other appropriate endorsements), which insurance shall be in the amount of at least 90% of the full replacement value of the Premises (exclusive of excavation, footings, and foundations) as determined by insurance company appraisers or Landlord's insurance broker. (iii). Insurance covering loss or damage to the Premises and theFlood, Earthquake, and Tornado Insurance Property by reason of flood, earthquake, or tornado, which insurance shall be in the amount in line with insurance carried by comparable property owners of comparable properties within the vicinity of the Property. 7. HAZARDOUS/TOXIC CONDITIONS CLAUSE a. As used in this Lease, the following terms have the following meanings:Definitions. "" mean all federal, state or local statutes, laws, ordinances, rules or regulations, relating toEnvironmental Laws protection of human health or the environment, including but not limited to (i) all laws relating to the release of Hazardous Materials into the air, surface water, groundwater or land, or relating to the reporting, investigation or remediation of, licensing, manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials; (ii) all laws pertaining to the protection of the health and safety of employees; and (iii) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 et seq.; the Hazardous Materials Transportation Act as amended 49 U.S.C. §1801 et seq.; the Resource Conservation and Recovery Act, as amended 42 U.S.C. §6901 et seq.; and the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et seq. "" mean (i) any toxic substance or hazardous waste, substance or related material, or anyHazardous Materials pollutant or contaminant that is or may hereafter be defined as or included in the definition of "hazardous substances," "toxic substances," "hazardous materials," "hazardous waste" or words of similar import under any and all Environmental Laws; (ii) petroleum, radon gas, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, transformers or other equipment that contain dielectric fluid containing levels of polychlorinated biphenyls in excess of federal, state or local safety guidelines, whichever are more stringent; and (iii) any substance, gas material or chemical that is or may hereafter be defined as or included in the definition of "hazardous substances," "toxic substances," "hazardous materials," "hazardous waste" or words of similar import under any Environmental Laws. "" means the presence of any Hazardous Materials which includes the presence ofEnvironmental Contamination friable asbestos materials at any level, in, on, or under the Property, the Premises, common areas or the Building, at levels that require reporting to the enforcing environmental regulatory agency and/or environmental response action (s) under applicable Environmental Laws. "" (ACM) means any material containing more than 1% asbestos as determined byAsbestos-Containing Material using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACM that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. b. By execution of this Lease, the Landlord certifies that, to the best of itsLandlord Certification. knowledge and excluding any written disclosures made to the Postal Service: (i) the Property and Premises are free of Environmental Contamination; (ii) there are no undisclosed underground storage tanks or associated piping on, in, or under the Premises or Property; (iii) there are no ACMs, radon, lead-based paint, or lead piping or solder in drinking water systems, or in or on the Property; and (iv) Landlord has not received, nor is Landlord aware of, any notification or other communication from any party concerning any environmental condition, or violation or potential violation of any Environmental Law, regarding the Property or its vicinity. If the Landlord becomes aware of any such conditions, potential conditions, or violations of any Environmental Laws regarding the Property or its 63 of 102 241 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT General Conditions to USPS Lease March 2021 Page of 5 11 vicinity defined herein, subsequent to Lease commencement, Landlord must disclose the new information to the Postal Service as soon as possible, and under no circumstances later than 5 business days after first becoming aware. c.Environmental Condition of the Premises. (i) Unless due to the negligence of the Postal Service, if after the Commencement Date or any renewal thereof, Environmental Contamination is at any time identified on the Property, upon notification by the Postal Service, the Landlord agrees to remediate such Environmental Contamination to the extent required by Environmental Laws. Prior to performing any work, Landlord must seek and receive written approval from the Postal Service Contracting Officer of the Landlord's contractor and scope of work, and such approval will not be unreasonably withheld. The foregoing notwithstanding, the Postal Service shall pay that portion of the costs of remediation of Environmental Contamination caused directly by the negligence of the Postal Service. (ii) In performance of any work under this Clause, Landlord and Landlord's agents, contractors, and consultants (" ") shall provide all information and data obtained, generated or learned as a result the work,Landlord's Agents including all verified lab data and all consultant reports, studies and analysis to Postal Service as soon as they become available, but no later than the seven business days after receipt. In addition, if requested by Postal Service, Landlord and Landlords Agents shall promptly make available to Postal Service access to all raw data, whether or not verified. Landlord also shall provide Postal Service with copies of all correspondence, information and documents submitted by or received by Landlord or Landlord's Agents from any third party or any governmental authority relating to the work promptly upon its receipt and/or submission by Landlord or Landlord's Agents. Postal Service shall be permitted to have representatives present during all work, and Landlord and Landlord's Agents shall provide to Postal Service samples, copies of the results of on-site testing and visual inspections, and complete access to all samples and tests taken or conducted. (iii) If the Landlord fails to remove Environmental Contamination to the extent required by Environmental Law, or otherwise respond in accordance with Environmental Law, to any Environmental Contamination, with such diligence as will ensure its completion within the time specified in Postal Service notice to Landlord (or any extension thereof as may be granted at the sole discretion of the Postal Service), or fails to complete the work within said time, as provided in the Maintenance Rider, the Postal Service shall have the right to perform the work (by contract or otherwise), and recover the cost plus any administrative cost and/or interest, from the Landlord and from Rent and any other payments and reimbursements due or to become due to Landlord from the Postal Service or the federal government. Completion of the work by Postal Service shall not relieve Landlord of its responsibility to perform the work in the future. In addition, the Postal Service may proportionally abate the Rent and all other payments and reimbursements due or to become due under this Lease for any period the Premises, or any part thereof, are determined by the Postal Service to have been rendered untenantable or unavailable to it by reason of such condition. Alternatively, if Landlord fails to prosecute the work as required and the Postal Service determines that the Premises are untenantable or unfit for use or occupancy, with reasonable discretion, cancel this Lease in its entirety without liability. The remedies provided in this section are non-exclusive and are in addition to any remedies available to the Postal Service under applicable law. If non-friable ACM, whether disclosed by the Landlord prior to execution of this Lease or subsequently found in or on the Property after execution of this Lease, should become friable due to any cause other than the negligence of the Postal Service, the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM shall be performed by the Landlord at the Landlord's sole cost and expense. If ACM in or on the Property or the Building was rendered friable due to the negligence of the Postal Service (including any such negligence of the Postal Service under any prior lease or leases of the Premises), the Postal Service shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the Postal Service's sole cost and expense. The parties agree as follows: (1) neither of the following shall constitute the negligence of the Postal 64 of 102 242 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT General Conditions to USPS Lease March 2021 Page of 6 11 Service: (a) reasonable and ordinary wear and tear and (b) damages by the elements or by circumstances over which the Postal Service has no control; (2) to the extent a failure by the Postal Service to maintain the improvements containing ACM in accordance with the Postal Service's obligations under the Maintenance Rider in the current or a prior lease of the Premises causes asbestos in ACM in the Premises to become friable, such failure shall constitute the negligence of the Postal Service hereunder, and the Postal Service shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the Postal Service's sole cost and expense; and (3) to the extent a failure by the Landlord to maintain the improvements containing ACM in accordance with the Landlord's obligations under the Maintenance Rider in the current or a prior lease of the Premises causes asbestos in ACM in the Premises to become friable, such failure shall constitute the negligence of the Landlord hereunder, and the Landlord shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the Landlord's sole cost and expense. (iv) Without limiting the foregoing, regardless of whether Landlord is required by this Lease to provide fuel for a heating system as set forth in the Utilities and Services Rider, any investigative and remediation cost associated with a release or suspected release of fuel from the heating system, including any fuel tank, shall be the responsibility of the Landlord, unless, and to the extent that, the release is caused by the negligence of the Postal Service, in which event the Postal Service shall be responsible for a portion of the investigative and remediation costs associated with the release to the extent such release was due directly to the Postal Service's negligence. d. The Landlord hereby indemnifies and holds harmless theLandlord Indemnification of Postal Service. Postal Service and its officers, agents, representatives, and employees from and against any and all claims, losses, damages, actions, causes of action, expenses, fees and/or liability resulting from, brought for, or on account of any violation of this clause or in any way arising out of or connected to Environmental Contamination on the Property, except that Landlord shall not be required to indemnify the Postal Service for, and to the extent of, that portion of Environmental Contamination caused directly by the negligence of the Postal Service. e. Nothing stated herein is intended to limit the right of the Landlord orLandlord Rights to Contribution. the Postal Service to make claims for contribution or cost recovery under applicable laws against each other or any other persons or entities responsible for such Environmental Contamination. 8. FORCE MAJEURE In the event that either party shall be delayed or hindered in or prevented from the performance of any covenant, agreement, work, service, or other act required under this Lease to be performed by such party (a ""),Required Act and such delay or hindrance is due to causes entirely beyond its control such as riots, insurrections, martial law, civil commotion, war, acts or threats of terrorism, fire, flood, earthquake, delays by governmental authorities or other casualty or acts of God (a ""), then the performance of such Required Act shall beForce Majeure Event excused for the period of delay, and the time period for performance of the Required Act shall be extended by the same number of days in the period of delay. For purposes of this Lease, the financial inability of Landlord or the Postal Service to perform any Required Act, including (without limitation) failure to obtain adequate or other financing, shall not be deemed to constitute a Force Majeure Event. A Force Majeure Event shall not be deemed to commence sooner than 15 days before the date on which the party who asserts some right, defense or remedy arising from or based upon such Force Majeure Event gives written notice thereof to the other party hereto. If abnormal adverse weather conditions are the basis for a claim for an extension of time due to a Force Majeure Event, the written notice shall be accompanied by data substantiating (i) that the weather conditions were abnormal for the time and could not have been reasonably anticipated and (ii) that the weather conditions complained of had a significant adverse effect on the performance of a Required Act. To establish the extent of any delay to the performance of a Required Act due to abnormal adverse weather, a comparison will be made of the weather for the 65 of 102 243 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT General Conditions to USPS Lease March 2021 Page of 7 11 time of performance of the Required Act with the average of the preceding ten (10) years climatic range based on the National Weather Service statistics for the nearest weather reporting station to the Premises. No extension of time for or excuse for a delay in the performance of a Required Act will be granted for rain, snow, wind, cold temperatures, flood or other natural phenomena of normal intensity for the locality where the Premises are located. 9. CLAIMS AND DISPUTES a. This Lease shall be governed by federal law, including but not limited to, the Contract Disputes Act of 1978 (41 U.S.C. 7101-7109) (the " ").Act b. Except as provided in the Act, all disputes arising under or relating to this Lease must be resolved under this clause. c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this Lease. However, a written demand or written assertion by the Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. A claim by the Landlord must be made in writing and submitted to the Postal Service Contracting Officer for a written decision. A claim by the Postal Service against the Landlord is subject to a written decision by the Postal Service Contracting Officer. For Landlord claims exceeding $100,000, the Landlord must submit with the claim the following certification: "I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the Landlord." The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. e. For Landlord claims of $100,000 or less, the Postal Service Contracting Officer must, if requested in writing by the Landlord, render a decision within 60 days of the request. For Landlord-certified claims over $100,000, the Postal Service Contracting Officer must, within 60 days, decide the claim or notify the Landlord of the date by which the decision will be made. f. The Postal Service Contracting Officer's decision is final unless the Landlord appeals or files a suit as provided in the Act. g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used. h. The Postal Service will pay interest on the amount found due and unpaid from: 1. the date the Postal Service Contracting Officer receives the claim (properly certified if required); or 66 of 102 244 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT General Conditions to USPS Lease March 2021 Page of 8 11 2. the date payment otherwise would be due, if that date is later, until the date of payment. i. Simple interest on claims will be paid at a rate determined in accordance with the Act. j. Landlord must proceed diligently with performance of this Lease, pending final resolution of any request for relief, claim, appeal, or action arising under this Lease, and comply with any decision of the Postal Service Contracting Officer. k. In the event of an alleged Postal Service default where the Postal Service has vacated the Premises, Landlord shall in all events have an affirmative obligation to use reasonable efforts to obtain another tenant for the Premises at a fair market rental and to otherwise mitigate its damages. In no event shall the Postal Service or Landlord be liable for any consequential, punitive, or special damages under this Lease. The parties agree that this restriction shall not apply to liquidated damages, if any, provided for in any workletter or other rider or attachment to this Lease. 10. GENERAL a. Without limiting any rights the Postal Service may have by statute or common law, LandlordQuiet Enjoyment. covenants and agrees that, provided that the Postal Service is not in default under this Lease, and for so long as this Lease is in full force and effect, the Postal Service shall lawfully and quietly hold, occupy and enjoy the Premises during the term of this Lease from and after Landlord's delivery of the Premises to the Postal Service until the end of the term, without disturbance by Landlord or by any person having title paramount to Landlord's title or by any person claiming by, through or under Landlord. In the event of substantial, material or unreasonable interference with the Postal Service's tenancy by Landlord or its agents or contractors, the Rent and other payments and reimbursements due or to become due under this Lease all shall be equitably abated if the interference continues for more than 24 hours. In the event such interference shall continue for longer than 6 months, the Postal Service shall have the option to terminate this Lease or continue to operate with rent abatement until the interruption ceases. Notwithstanding the foregoing, in the event that, as a result of any substantial, material or unreasonable interference, the Postal Service is legally required to move any of its operations, then Landlord shall reimburse the Postal Service for the actual reasonable costs incurred in connection with such move. b. Landlord shall not place, or allow any other person or entity to place, any advertising, basExterior of Building. reliefs, murals or other decorations on the exterior walls of the area in which the Premises is located nor shall Landlord place, or allow any other person or entity to place any additional landscaping or plantings in such area in excess of that landscaping or planting in existence at the commencement of this Lease. Nothing stated herein is intended to prohibit Landlord from replacing the landscaping or plantings in existence at the commencement of this Lease as needed. c. Not ApplicableRecording. d. If there is now or will be a mortgage on theSubordination, Non-Disturbance and Attornment Agreement. property which is or will be recorded prior to the Effective Date, the Landlord must notify the Postal Service of the facts concerning such mortgage. This Lease will be subject and subordinate to the lien of all existing mortgages or deeds to secure debt encumbering the property, provided that Landlord has obtained from such holder of any existing mortgage a Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto. e. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction,Severability. shall in no way affect the validity of any other provision hereof. 67 of 102 245 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT General Conditions to USPS Lease March 2021 Page of 9 11 f. Section headings are not a part hereof and shall not be used to interpret the meaning of thisInterpretation. Lease. This Lease shall be interpreted in accordance with the fair meaning of its words and both parties certify they either have been or have had the opportunity to be represented by their own counsel and that they are familiar with the provisions of this Lease, which provisions have been fully negotiated, and agree that the provisions hereof are not to be construed either for or against either party as the drafting party. g. This Lease contains all agreements of the parties as of theIncorporation of Prior Agreements; Amendments. date hereof with respect to any matter mentioned herein. No prior agreement, correspondence or understanding pertaining to any such matter shall be effective to interpret or modify the terms hereof. This Lease may be modified only in writing, signed by the parties in interest, at the time of the modification. Landlord specifically acknowledges that the Postal Service's employees at the Premises do not have authority to modify the Lease or to waive the Postal Service's rights hereunder. h. No waiver by the Postal Service or Landlord of any provision hereof shall be deemed a waiver of anyWaivers. other provision hereof and no waiver of any breach hereunder by Postal Service or Landlord shall be deemed a waiver of any subsequent breach by the Postal Service or Landlord of the same or any other provision. A party's consent to or approval of any act shall not be deemed to render unnecessary obtaining such party's consent to or approval of any subsequent act. No waiver shall be effective unless it is in writing, executed on behalf of Landlord or the Postal Service by a person with authority to bind each party i.[RESERVED] j. Subject to the provisions of this Lease, this Lease shall be binding upon and benefitSuccessors and Assigns. the parties, their personal representatives, successors and assigns. k. Landlord and Landlord's agents shall have the right to enter the Premises upon reasonableLandlord's Access. prior written notice for the purpose of performing inspections, maintenance or repairs that are the responsibility of Landlord under this Lease; provided that no inspections may occur during the Postal Service's peak season (November 1 of each year through January 31 of the following year) other than those necessitated by the sale or refinance of the Property. The Landlord's right of entry hereunder shall be exercisable only during normal business hours and only on the terms set forth below. All other access to the Premises, including but not limited to showing the property to potential buyers, and within 30 days of the end of the Lease term, showing the property to potential tenants, shall be at the sole discretion of the Postal Service. In the event of emergency requiring access after-hours, Landlord must call the Postal Inspection Service at 1-877-876-2455 Option 2 "Emergency" prior to entry. When entering or performing any inspection, repair or other work in the Premises, Landlord, its agents, employees and/or contractors (i) shall identify themselves to the Postal Service's personnel immediately upon entering the Premises, and must be accompanied by a Postal Service employee when not in public areas; and (ii) shall use commercially reasonable, good faith efforts not to materially or unreasonably affect, interrupt or interfere with the Postal Service's use, business or operations on the Premises or obstruct the visibility of or access to the Premises. l. All references herein to "days" shall mean calendar days unless specified to the contrary.Calendar Days. m. This Lease may be executed in counterparts, which together shall constitute a single instrument.Counterparts. The parties agree that if the signature(s) of either Landlord or the Postal Service on this Lease or any amendments, addendums, assignments, or other records associated with this Lease is not an original but is an electronic signature, scanned signature or a digitally encrypted signature, then such electronic signature, scanned signature or digitally encrypted signature shall be as enforceable, valid and binding as, and the legal equivalent to, an authentic original wet signature penned manually by its signatory. Signatures required under this Lease, or any 68 of 102 246 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT General Conditions to USPS Lease March 2021 Page of 10 11 amendments, addendums, assignments, or other records associated therewith, may be transmitted by email or by fax and, once received by the party to whom such signatures were transmitted, shall be binding on the party transmitting its signatures as though they were an original signature of such party. n. Whenever a provision is made under this Lease for any demand, notice or declaration of any kind, orNotices. where it is deemed desirable or necessary by either party to give or serve any such notice, demand or declaration to the other party, it shall be in writing and sent by (i) United States mail, certified, postage prepaid or (ii) by Priority Mail Express (overnight), in each instance to the addresses set forth below or at such address as either party may advise the other from time to time. Notices to the Postal Service shall also include the identification of the facility name and location in such notices. Notices given hereunder shall be deemed to have been given three (3) days after the date of certified mailing or the next business day after being sent by Priority Mail Express (regardless whether the addressee rejects, refuses to sign, or fails to pick up such delivery). To Landlord at: With a copy to: To the Postal Service at: With a copy to: _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ Contracting Officer USPS Facilities Leasing East PO Box 27497 Greensboro, NC 27498-1103 Postmaster/Installation Head ADDRESS, CITY, STATE ZIP+4 Anything in the foregoing to the contrary notwithstanding, in the case of multiple persons or entities comprising Landlord under this Lease or in the case of a person or entity acting as an agent of Landlord, notices to any one of such multiple persons or entities or notice to an agent of Landlord shall be deemed to be sufficient notice to Landlord. o. The provisions of the Prompt Payment Act, 31 U.S.C. § 3901 shall apply to all PostalPrompt Payment Act. Service payment obligations under this Lease, including any interest or penalties for late payments. p. As required by 31 U.S.C. 3716, the Postal Service participates in the Treasury OffsetPayment Offsets. Program of the Department of Treasury's Financial Management Service. Payments owed to Landlord from the Postal Service under this Lease are subject to offset in whole or in part to for the Landlord's delinquent tax and non-tax debts owed to the United States and the states and for delinquent child support payments. 11.FACILITIES NONDISCRIMINATION a. By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. 69 of 102 247 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT General Conditions to USPS Lease March 2021 Page of 11 11 b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations, or orders issued under Executive Order 11246. 12.CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in the Postal Service's Supplying Principles and Practices, accessible at or by searching .http://about.usps.com/manuals/spp/html/spp10.htm www.usps.com Clause 1-5, Gratuities or Gifts Clause 1-6, Contingent Fees Clause 9-3, Davis-Bacon Act1 Clause 9-7, Equal Opportunity2 Clause 9-13, Equal Opportunity for Workers with Disabilities3 Clause 9-14, Equal Opportunity for VEVRAA Protected Veterans4 Clause 9-16, Employer Reports on Employment of Protected Veterans4 Clause B-25, Advertising of Contract Awards Note: For purposes of applying the above standard clauses to this Lease, the terms "supplier," "contractor," and "lessor" are synonymous with "Landlord," and the term "contract" is synonymous with "Lease." ____________________________________ For premises with net interior space in excess of 6,500 SF.1 For leases aggregating payments of $10,000 or more.2 For leases aggregating payments of $10,000 or more.3 For leases aggregating payments of $25,000 or more. 4 70 of 102 248 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Maintenance Rider Landlord Responsibility March 2021 Page of 1 4 1.. Landlord shall, except as otherwise specified herein and except for damageLandlord Responsibilities resulting from, and to the extent of, the negligence of the Postal Service's agents or employees (which portion of the damage arising directly from Postal Service agent or employee negligence shall be the responsibility of the Postal Service), maintain the Premises, including the building and any and all equipment, fixtures, systems, common facilities and appurtenances (including but not limited to parking lots, driveways, sidewalks and fencing), whether severable or non-severable, furnished by Landlord under this Lease, in good repair and tenantable condition consistent with standards of comparable buildings and/or projects located in the vicinity of the Property. Landlord's duties under this Rider shall include repair and replacement, as necessary, and includes without limitation: a.. Landlord is responsible for inspection, prevention and eradication of vermin, birds, insects,Pest Control including, without limitation, termites and any other wood-eating insects and for repairs of any damage resulting therefrom. b. . Landlord is responsible to repair damages resulting from Acts of God; acts of public enemy, riot orCasualty insurrection; and vandalism and damages resulting from fire or other casualty (except to the extent such damages were caused due to the negligence of the Postal Service agents or employees in which case the Postal Service shall be responsible for the portion of repairs caused directly by its negligence). c. . Any heating system and air conditioning equipment furnished by Landlord must be properly sized forHVAC the facility, must be in good working order at the commencement of the term, and must be maintained and, if necessary, replaced by Landlord to ensure that it remains in good working order and in proper operation; such system and equipment must be capable of providing heat to a minimum temperature of 68 degrees Fahrenheit (68ºF) and cooling to a maximum temperature of 78 degrees Fahrenheit (78ºF) in all enclosed portions of the Premises (excluding any rear vestibule) at all times during theappropriate seasons. Landlord shall be responsible for maintaining and servicing of the heating system and air-conditioning equipment, including, refrigerant and filters per manufacturer's recommendation and as required for proper operation of the equipment and for replacing the same at the end of its useful life or earlier. Regardless of whether Landlord is required by the Lease to provide fuel for a heating system as set forth in the Utilities and Services Rider, any investigative and remediation costs associated with a release of fuel from the heating system, including any fuel tank, shall be the responsibility of the Landlord, unless, and to the extent that, the release is caused due to the negligence of the Postal Service agents or employees, in which event the Postal Service shall be responsible for a portion of the investigative and remediation costs associated with the release to the extent such release was due directly to the Postal Service's agents' or employees' negligence. d.. Boilers and unfired pressure vessels provided by Landlord as part of theHeating and Hot Water Supply Premises shall be maintained and, if necessary, replaced by the Landlord in accordance with American National Standard Institute/American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code, Sections IV, VI, and VIII; National Fire Prevention Association (NFPA)-70, National Electric Code; and/or ASME Safety Code No. CSD-1, Controls and Safety Devises for Automatically Fired Boilers; ASME A18.1, Safety Standard for Platform Lifts and Chairlifts; NFPA-54, National Fuel Gas Code; and NFPA-31, Oil Burning Equipment Code, as applicable, or as required by local ordinances. Current safety certificates issued by an organization recognized by the National Board of Boiler and Pressure Vessel Inspectors or a federal, state or municipal authority which has adopted the ASME Boiler and Vessel Code, must be provided by 71 of 102 249 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Maintenance Rider Landlord Responsibility March 2021 Page of 2 4 Landlord for boilers and unfired pressure vessels. In the event local jurisdictions do not require periodic inspection of such equipment, the Postal Service shall have the right to conduct inspections in accordance with the aforesaid codes, and may issue safety certificates, as appropriate. e.. Any electrical/power system furnished by Landlord must be properly sized for the facility,Electrical System must be in good working order at the commencement of the term, and must be maintained and,if necessary, replaced by Landlord to ensure that it remains in good working order and in proper operation. f.. Whether public or private water or sewer systems are provided, said systems (includingWater and Sewer potable water) must be properly sized for the facility and be maintained, in good working order at all times during the term and replaced by Landlord as necessary to ensure that the same remain in good working order as aforesaid, including any inspections that may be required. g. . Landlord shall paint all interior and exterior previously painted surfaces as follows: no later than six (6)Paint months following the start of the Lease term, unless painted within 60 months prior to the Commencement Date, and at least once every five (5) years during the continuance of the Lease term unless required more often because of damage from fire or other casualty. Landlord is required to apply only one coat of paint. If additional coats are required by the Postal Service, the Postal Service will be responsible for cost of additional coats of paint, including application costs. Landlord shall coordinate the painting schedule in advance with the Postal Service's on-site facility manager. The Postal Service will be responsible for moving furniture and equipment away from walls as required, provided that Landlord gives the Postal Service at least 60 days prior notice of the need to do so, and provided that Landlord shall not conduct any type of painting (interior or exterior) during the period beginning October 1 and ending January 30 during the Lease term. h.. Any elevators, escalators and/or dumbwaiters provided by theElevators, escalators, and dumbwaiters Landlord as part of the Premises shall be maintained in good working order throughout the term, and, if necessary to ensure that the same remain in good working order and in proper operation, replaced by the Landlord in accordance with ASME A17.1, Safety Code for Elevators, Escalators, Dumbwaiters, and Moving Walks; ASME A17.2, Elevator Inspectors Manual; ASME A17.3 Safety Code for Existing Elevators and Escalators; ASME A17.4, Emergency Evacuation Procedures for Elevators; and ASME A17.5, Elevator and Escalator ElectricalEquipment. Landlord must ensure that current safety certificates for elevators, dumbwaiters and escalators are issued by an organization authorized to inspect in accordance with the ANSI/ASME Code for Elevators, Dumbwaiters and Escalators or appropriate federal, state or municipal authority. In the event local jurisdictions do not require periodic inspection of such equipment, the Postal Service shall have the right to conduct inspections in accordance with the aforesaid codes. i. . Any wiring, including, but not limited to, wiring for the Electronic Security and SurveillanceWiring Equipment, Closed Circuit Television, Very Small Aperture Terminal, Criminal Investigation System, Intrusion Detection System, etc., installed by Landlord shall be maintained, and if necessary, replaced by Landlord. However, the Landlord shall not attempt any maintenance of, or repair of, or interfere with, the actual security, telephone, or telecommunications equipment, such as cameras, consoles, monitors, satellite dishes, telephone handsets, and Point-of-Service equipment of the Postal Service. j.. Landlord is responsible for all utilities including all systems and structures and the componentsUtilities thereof which deliver such utility services to the Premises, including but not limited to base building plumbing, pipes, conduit, wiring, and related components located within the facility including, without limitation, behind 72 of 102 250 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Maintenance Rider Landlord Responsibility March 2021 Page of 3 4 walls, under floors and inside ceilings. This excludes additional systems and/or structures that were specifically installed by the Postal Service or its contractors for the Postal Service's particular furniture, fixtures, and equipment needs. 2.. Notwithstanding anything herein to the contrary, the Postal Service shall,Postal Service Responsibilities except for damage resulting from, and to the extent of, the negligence of Landlord or its agents or contractors, maintain the following items at the Premises if originally installed by the Postal Service: flag poles, dock lifts, roll-up customer service windows, roll-up doors, scissor lifts, electronic security systems, and lobby and back-door locks. The Postal Service's duties include repair and replacement, as necessary, and shall be fulfilled at such time and in such manner as the Postal Service reasonably considers necessary to keep such items in proper condition during the Lease term. Landlord shall be responsible for the portion of maintenance, repair and replacement costs for damage to such items resulting directly from its negligence. 3..Completion of Maintenance, Repair, or Replacement by Landlord a. If the Landlord is required to maintain, repair or replace something under this Lease, including, without limitation, this Rider, Landlord must perform all maintenance, repairs and replacements promptly and in any event within the time period provided in the Postal Service's notice to Landlord and submit photographs of the completed repair to the Postal Service at the address designated in the Postal Service's notice. If Landlord does not finish the maintenance, repairs or replacements within the time period set forth in the Postal Service's notice, then unless the Landlord requests more time, and the Postal Service grants more time using its reasonable judgment, then the Postal Service may (i) perform the maintenance, repair, or replacement (by contract or otherwise) and recover the cost plus any administrative cost and/or interest, from the Landlord and from Rent and any other payments and reimbursements due or to become due to Landlord from the Postal Service or the federal government, or (ii) terminate the Lease on a date specified by the Postal Service in the notice to Landlord. b. In the case of an emergency (as reasonably determined by the Postal Service), then notwithstanding the above provision, the Postal Service may give Landlord notice by phone or other method and may give such shorter notice as is practicable under the circumstances. Upon notice, Landlord must immediately start the maintenance, repairs or replacements and if Landlord fails to start such maintenance, repairs or replacements immediately, the Postal Service may immediately perform the maintenance, repair, or replacement (by contract or otherwise) and recover the cost plus any administrative cost and/or interest, from the Landlord and from Rent and any other payments and reimbursements due or to become due to Landlord from the Postal Service or the federal government. c.In addition to any other remedies of the Postal Service, the Postal Service may abate Rent and all other payments and reimbursements due or to become due under this Lease for any period the Postal Service reasonably determines all or any portion of the Premises, any common areas of the Property providing access to the Premises, or parking areas are untenantable or unfit for the Postal Service's use as a result of Landlord's failure to maintain, repair or replace as required by this Lease. Rent and all other payments and reimbursements due or to become due under this Lease will be abated in proportion to the impairment or loss of use as determined by the Postal Service. No exercise by the Postal Service of its right to rent abatement 73 of 102 251 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Maintenance Rider Landlord Responsibility March 2021 Page of 4 4 as stated above is intended to extend the time periods for the completion of any maintenance, repair or replacement set forth above. The remedies provided in this section are cumulative, non-exclusive, and in addition to any remedies available to the Postal Service under applicable law. 4.. In performing the maintenance, repair and/or replacement obligations under this Lease,Health and Safety Landlord must: a. comply with applicable Occupational Safety and Health Standards, title 29 Code of Federal Regulations (CFR) (including but not limited to Parts 1910 and 1926), promulgated pursuant to the authority of the Occupational Safety and Health Act of 1970 (OSHA); b. comply with any other applicable federal, state, or local regulation governing workplace safety to the extent they are not in conflict with section (a) above; and c. take all other proper precautions to protect the health and safety of: (1) any laborer or mechanic employed by the Landlord in performance of this Lease; (2) Postal Service employees; and (3) the public. Landlord must include this clause in all contracts hereunder and require its inclusion in all subcontracts of a lower tier. The term "Landlord" as used in this clause in any contract must be deemed to refer to the contractor. 74 of 102 252 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Tax Rider Reimbursement of Paid Taxes March 2021 Page of 1 3 Assessor's Parcel Number: APN a. Definitions Ad Valorem means according to the value of the property. Property Tax Rate is an amount expressed as dollars and cents per $100.00 or per $1,000.00 of assessed value or as mills per $1.00 of assessed value as set by authorities for tax jurisdictions, which is applied to the value of the land, improvements on the land, or both, to determine some kinds of Real Property Taxes. Real Property Taxes, as used in this clause, shall mean those taxes, including Ad Valorem taxes, special assessments, fees and charges, that are assessed against any or all taxable real property appearing on the assessment roll or list in a taxing authority's jurisdiction and that are identified by a taxing authority for the support of government activities within its jurisdiction, whether such activities are general or specifically identified. Real Property Taxes also include administrative charges or fees imposed by a taxing authority, including those for the support of its assessment and collection activities and any future taxes or charges imposed upon Landlord or assessed against the Property which are in the nature of or in substitution for real estate taxes, including any tax levied on or measured by rents payable. b. Landlord agrees to pay all taxes of any kind, including Real Property Taxes, and fees of every kind and nature levied on the Premises. c. The Postal Service will reimburse Landlord % ("Tenant's Share") of the total paid Real Property Taxes in100 accordance with this Tax Rider. Tenant's Share shall be determined by a fraction, the numerator of which is the square feet of floor area in the premises and the denominator of which is the square feet of floor area of all building or buildings in the Property, as may be changed from time to time. Tenant's Share was computed as follows: NSF - 1/1=100% 1. Landlord may submit not more than one request for reimbursement in any calendar year, irrespective of the number of taxing authorities included; and reimbursement will be made not more than one time annually by the Postal Service. 2. No reimbursement will be made for fines, penalties, interest or costs imposed for late payment. 3. Reimbursement will be made only for net paid taxes, less Tenant's Share of the maximum discount allowed by the taxing authority for prompt or early payment, regardless of whether Landlord actually received any such discount. 4. Reimbursement will be made only for taxes levied for periods of time within the term of this Lease in accordance with the provisions of this Lease. 5. In order to qualify for reimbursement, the tax bill as issued by the taxing authority must include the Premises. 6.Landlord must provide copies of the front and back of the complete tax bill issued by the taxing along with satisfactory proof of payment. Satisfactory proof of payment shall be (i) a receipt forauthority, payment shown on the face of the tax bill, (ii) a copy of the front and back of the canceled payment check, (iii) a statement from a lender verifying payment of the tax, or (iv) other documentation reasonably satisfactory to the Postal Service. 7. Incomplete or improper requests for reimbursement will be returned to Landlord without payment. 8. Landlord must include the city, state, and the Postal Service facility ID # as set forth in the header on this Lease on the request for reimbursement. 75 of 102 253 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Tax Rider Reimbursement of Paid Taxes March 2021 Page of 2 3 9.Landlord agrees to submit a request for reimbursement of taxes within 18 months after the date of payment by Landlord. In the event Landlord fails to submit its request for reimbursement within that time period, the Postal Service is not required to reimburse paid taxes. d. The Landlord must promptly furnish to the Postal Service copies of all notices that may affect the valuation of the Premises for Real Property Tax purposes or that may affect the levy or assessment of Real Property Taxes thereon. If Landlord does not timely furnish such notices relating to valuation changes or the levy or assessment of taxes or fails after being requested in writing by the Postal Service to meet any legal prerequisite for appeal, and as a result the Postal Service loses the ability to exercise its right, as stated in e. below, to contest the validity or the amount of the taxes, then the Postal Service shall be responsible to reimburse Landlord for only 75% of Tenant's Share of the reimbursable taxes due for the year involved. All notices required under this paragraph must be delivered within 10 days from the receipt thereof by Landlord in accordance with the delivery methods of Section 10(n) of the General Conditions to USPS Lease but to the following address: Contracting Officer e. The Postal Service may contest the validity of any valuation for Real Property Tax purposes or of any levy or assessment of any Real Property Taxes by appropriate proceedings either in the name of the Postal Service or of the Landlord or in the names of both. Notwithstanding any contest of valuation, Property Tax Rate, levy or assessment, Landlord must pay under protest the Real Property Taxes involved when requested to do so by the Postal Service. The Landlord, upon reasonable notice and request by the Postal Service, must join in any proceedings, must cooperate with the Postal Service, and must execute and file any documents or pleadings as the Postal Service may require for such proceeding, provided the Landlord is reasonably satisfied that the facts and data contained therein are accurate. Landlord will not be responsible for the payment of expenses, penalties, costs, and legal expenses in connection with any protest or appeal proceedings brought by the Postal Service, and the Postal Service will reimburse the Landlord for any such expenses, penalties, costs, and legal expenses actually and reasonably paid by Landlord. Landlord hereby authorizes the Postal Service as its agent to represent its interest in any appeal or protest proceeding authorized under this paragraph. f. Landlord shall promptly notify the Postal Service of any appeal or other action it takes or initiates to adjust any valuation of the property, Property Tax Rate, or levy or assessment of Real Property Taxes. The Postal Service will not be responsiblefor the payment of expenses, penalties, costs, and legal expenses in connection with any protest or appeal proceedings brought by Landlord, but shall be entitled to Tenant's Share of any and all monies obtained through such actions or any other refunds orremissions of Real Property Taxes paid in any year subsequent to the commencement of the Lease. If any such refunded or remitted monies are paid or delivered to Landlord, Landlord must immediately forward Tenant's Share to the Postal Service. If Landlord isinformed that he is entitled to a refund or remission of monies paid as Real Property Taxes upon the submission of an application, Landlord will promptly make and file such application, and upon receipt of such refund or remission, immediately forward it tothe Postal Service. The Postal Service reserves the right to recover Tenant's Share of refund and remission payments not so obtained or forwarded, plus any administrative cost and/or interest, from the Landlord and from Rent and any other payments and reimbursementsdue or to become due to Landlord from the Postal Service or the federal government. g. The Postal Service is entitled to the benefits of all tax exemptions or abatements authorized by law or regulation that may be available with respect to the Premises. Landlord shall take all necessary steps to obtain such exemptions or abatements. The Postal Service reserves the right to recover the cost plus any administrative cost 76 of 102 254 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Tax Rider Reimbursement of Paid Taxes March 2021 Page of 3 3 and/or interest, from the Landlord and from Rent and any other payments and reimbursements due or to become due to Landlord from the Postal Service or the federal government the amount or value of any abatement or exemption that would have been available if Landlord had properly applied for it, and any amount for which the Postal Service is not to be responsible under paragraph (d), above. h. Nothing herein contained shall operate to waive or deprive the Postal Service of any rights, privileges or immunities it enjoys under law. i. In the event that the site is enlarged or decreased, or the Building is altered in any way that may affect the assessment value of the total Property, the percentage shown in paragraph c. above, shall be recomputed to reflect the correct proportion of the value of the Premises to the relative value of the total Property. 77 of 102 255 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Utilities and Services Rider March 2021 Page of 1 2 Unless otherwise indicated below, the responsibilities of Landlord identified in this Utilities and Services Rider are a part of the Rent paid under the Lease and are not subject to reimbursement by the Postal Service. 1.HEAT The Postal Service pays all recurring fuel charges to the Premises, provided such charges are separately metered, by a meter or sub-meter installed by Landlord at Landlord's expense, to measure the Postal Service's consumption of fuel. 2.ELECTRICITY The Postal Service will pay all recurring electric bills, provided such charges are separately metered, by a meter or sub-meter installed by Landlord at Landlord's expense, to measure the Postal Service's consumption. 3.WATER At all times, Landlord must ensure that there is potable water serving the Premises. If at any time the water provided to the Premises is not potable, then the Landlord shall furnish potable water in a quantity sufficient to serve the maximum number of postal employees located at the Premises on a regular basis, and shall ensure such potable water is available at all times. Landlord must pay for all recurring charges related to the provision of such potable water. The Premises are hooked up to a public water system. The Postal Service must pay for all recurring charges such water services, provided such charges are separately metered, by a meter or sub-meter installed at Landlord's expense, for the measurement of Postal Service's consumption. 4.SEWER The Premises are hooked up to a public sewer system. The Postal Service must pay for all recurring charges for such sewer services, provided such charges are separately metered, by a meter or sub-meter installed at Landlord's expense, for the measurement of Postal Service's consumption. 5.TRASH Landlord is responsible for providing an appropriately sized (as determined by the Postal Service) exterior trash receptacle or receptacles for the Postal Service to use to dispose of trash from the Premises and for the emptying of such receptacle or receptacles used by the Postal Service. The receptacle or receptacles must be placed in a location acceptable to the Postal Service in its sole discretion, all at Landlord's cost. 6.SNOW Landlord is responsible for the timely (but in no event later than as required for owners of property in the local jurisdiction under local law) removal of snow and ice from the roof, the sidewalks, driveways, drive aisles, entrances, exits, parking and maneuvering areas, and any other areas providing access to the Premises for use by the Postal Service's employees, contractors, or the public (including, but not limited to, stairs, handicap access ramps, carrier ramps, etc.), all at Landlord's cost. 7.CUSTODIAL SERVICES 78 of 102 256 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Utilities and Services Rider March 2021 Page of 2 2 Custodial Services for purposes of this Lease means the following: all duties considered necessary or desirable by the Postal Service to maintain cleanliness at the Premises and the Property. Custodial services include, but are not limited to the following tasks: vacuum and mop floors, empty trash containers, clean windows, sanitize bathroom fixtures and carry out any other tasks related to cleaning dirt and debris from the inside or the outside of a particular building, including the parking areas, driveways, drive aisles, entrances, exits, sidewalks, lighting, and other exterior features. Custodial services do not include landscaping, or roof or gutter cleaning. The Postal Service will provide its own custodial services for the interior and exterior of the Premises at such time and in such manner as the Postal Service considers necessary. 8.LANDSCAPING Landscaping for purposes of this Lease means an exterior area devoted to or developed and maintained with plantings, decorative outdoor landscape elements, sculptures, benches, water features, paved or decorated surfaces of rock, stone, brick, block or similar material (excluding sidewalks, driveways, parking, loading or storage areas). The Landlord has responsibility for all landscaping, grass cutting or shrub trimming at its cost. 79 of 102 257 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Subordination, Non-Disturbance and Attornment Agreement March 2021 Page of 1 5 THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT (this "Agreement"), dated this ____________ day of _____________________, 20 ______ between the UNITED STATES POSTAL SERVICE, an independent establishment of the Executive Branch of the government of the United States ("the Postal Service") and __________________________________("Mortgagee"), having its principal place of business at ____________________________________________. RECITALS: A. The Postal Service is the tenant under that certain lease executed between the Postal Service and _________________________________ ("Landlord") dated ___________________ [as amended by _________________________________ dated as of __________________] ([the lease and all amendments thereto are] hereinafter referred to as the "Lease"), covering all or a portion of property legally described in attached hereto and made a part hereof (the "Property").Schedule A B. Mortgagee has made a loan (the "Loan") to Landlord which is secured, in part, by the lien of a mortgage and an assignment of leases and rents, each executed and delivered by Landlord to Mortgagee encumbering the Property (collectively, the "Mortgage"). NOW, THEREFORE, in consideration of the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1.. The Lease and all terms thereof, including, without limitation, any options to purchase,Subordination rights of first refusal, and any similar rights, are and shall be subject and subordinate to the lien of the Mortgage, and to all amendments, modification, replacements and extensions thereof, to the full extent of the principal, interest, fees, expenses and all other amounts secured thereby. 2.. In the event of a foreclosure of the Mortgage, provided that at the time of theNon-Disturbance commencement of any such action or proceeding the Postal Service shall not be in default under any of the terms of the Lease beyond the expiration of any applicable notice or grace periods, Mortgagee agrees for itself and its successor and assigns that it will not join the Postal Service in summary or foreclosure proceedings unless applicable law requires Mortgagee to join all commercial occupants of the Property in such proceedings and then such joinder shall be for notice purposes only and that the leasehold interest of the Postal Service under the Lease shall not be extinguished or terminated by reason of such foreclosure, but rather the Lease shall continue in full force and effect and Mortgagee shall recognize and accept the Postal Service as tenant under the Lease subject to the terms and provision of the Lease. Nothing herein shall be construed as a waiver of the Postal Service's sovereign immunity or as a consent or agreement by the Postal Service to subject itself to the jurisdiction of any state or local governmental entity or court of law. 3.. Upon the conveyance of the Property by reason of the foreclosure of the Mortgage or theAttornment acceptance of a deed or assignment in lieu of foreclosure or otherwise, the Lease shall not be terminated or affected thereby as provided in this Agreement, and the Postal Service agrees to attorn to the transferee of the 80 of 102 258 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Subordination, Non-Disturbance and Attornment Agreement March 2021 Page of 2 5 Property (the "Transferee") as the landlord under the Lease and the Transferee shall accept such attornment; provided, however, if requested by Transferee, the Postal Service shall execute a new lease with the Transferee, for a term equal to the remaining term of the Lease and otherwise containing the same provisions and covenants and in form acceptable to the Postal Service. 4.. Prior to terminating the Lease due to a default by Landlord thereunder, the PostalNotice to Mortgagee Service agrees to notify Mortgagee of such default in writing and give Mortgagee the opportunity to cure such default within thirty (30) days of Mortgagee's receipt of such notice, or if such default cannot reasonably be cured within such thirty (30) day period, Mortgagee shall have such longer time as may be necessary to cure the default provided that Mortgagee commences the cure within such period and diligently pursues the cure thereafter, but not to exceed sixty (60) days after Mortgagee's receipt of the notice. 5. . All notices or other written communications hereunder shall be deemed to have been properlyNotices given if delivered in accordance with the delivery methods under the Lease, addressed to the Postal Service at the addressed identified in the Lease and addressed to Mortgagee at the address identified above. 6.. This Agreement shall be binding upon and inure to the benefit of the respectiveSuccessors and Assigns heirs, personal representatives, successors and assigns of the parties hereto. 7.. This Agreement can be modified only in writing duly executed by both parties.No Oral Modifications 8.. This Agreement shall be governed and interpreted in accordance with Federal Law,Choice of Law however if there is no applicable Federal law then the law of the state where the Premises are located shall be applied. Venue shall lie only in the Federal courts. 9.. This Agreement may be executed in any number of duplicateDuplicated Originals; Counterparts originals and each duplicate original shall be deemed to be an original. This Agreement may be executed in several counterparts, each of which counterparts shall be deemed an original instrument and all of which together shall constitute a single Agreement. The failure of any party hereto to execute this Agreement, or any counterpart hereof, shall not relieve the other signatories from their obligations hereunder. [Signature Page Follows] 81 of 102 259 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Subordination, Non-Disturbance and Attornment Agreement March 2021 Page of 3 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and the year first above written. MORTGAGEE: _____________________________________________________ BY: _____________________________________________________ NAME: ____________________________________________________ TITLE: _____________________________________________________ Subscribed and Sworn to before me, a notary public, in and for ________________________ County, State of____________________________this______________ day of______________________,_______________. __________________________________________________ Notary Public My commission expires POSTAL SERVICE: UNITED STATES POSTAL SERVICE BY: _____________________________________________________ NAME: ____________________________________________________ TITLE: _____________________________________________________ 82 of 102 260 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Subordination, Non-Disturbance and Attornment Agreement March 2021 Page of 4 5 Subscribed and Sworn to before me, a notary public, in and for ________________________ County, State of____________________________this______________ day of______________________,_______________. __________________________________________________ Notary Public My commission expires 83 of 102 261 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Subordination, Non-Disturbance and Attornment Agreement March 2021 Page of 5 5 SCHEDULE A (to SNDA) LEGAL DESCRIPTION INSERT LEGAL DESCRIPTION HERE 84 of 102 262 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Renewal Option Rider (Market Value) March 2021 Page of 1 2 The Postal Service may exercise an option to renew this Lease pursuant to Paragraph 4, and given that the Lease does not designate a specific rental rate; the parties shall determine the appropriate, market value rent for that renewal term as follows: 1. Not less than 12 months prior to the expiration of the then current lease term, the Postal Service shall give written notice to Landlord advising Landlord of the Postal Service's opinion of the appropriate market value rent of the Premises, which shall be stated as a flat annual rate for the duration of the renewal option period. This opinion shall be based on an appraisal procured by the Postal Service at its sole cost and performed by a "Qualified Appraiser (as defined herein)prepared in accordance with the professional appraisal standards and practices as outlined in the current version of the Uniform Standards of Professional Appraisal Practice ("Appraisal Standard"). If certain approaches or requirements outlined in the Appraisal Standard are not applicable to the subject assignment, such appraisal report must identify that approach or requirement, together with a brief explanation for its omission. Upon request, a copy of the appraisal's summary page or transmittal letter shall be provided to Landlord. A "Qualified Appraiser" is defined as someone who is a certified appraiser in the state in which the Premises is located and is designated as an MAI appraiser by the Appraisal Institute. 2. If Landlord disagrees with the written notice from the Postal Service advising Landlord of the Postal Service's opinion of the appropriate market value rent for the Premises, then Landlord shall at its sole cost within 30 days following receipt of such written notice from the Postal Service, procure an appraisal by a Qualified Appraiser prepared in accordance with the Appraisal Standard. A copy of the appraisal's summary page or transmittal letter shall be provided to the Postal Service. If Landlord fails to provide an appraisal summary as specified herein, then the Postal Service may, but shall not be obligated to, timely exercise the renewal option. If the Postal Service elects to exercise the renewal option, the renewal term rent shall be the market value rent established by the Postal Service's appraisal. 3. If Landlord's appraisal summary amount is within 10% of the Postal Service's appraisal summary amount, then the renewal term rent shall be the arithmetic average of the two appraisal summaries. The Postal Service may, but shall not be obligated to, timely exercise the renewal option at such rate. If the difference between the two appraisal summaries is greater than 10%, Landlord and Postal Service shall attempt to agree in writing on the market value rent during the 30 day period following delivery of the Landlord's appraisal summary to the Postal Service (the "final negotiation period"). If the parties reach agreement on the market value rent, the Postal Service may, but shall not be obligated to, timely exercise the renewal option. If the parties are unable to reach agreement during the final negotiation period, then Landlord shall provide the Postal Service with a list of three Qualified Appraisers within 10 days after request from the Postal Service. The Postal Service shall select one appraiser from this list to perform an appraisal review (or, if Landlord fails to provide a list, the Postal Service shall select an appraiser) (the "Third Appraiser"). Within 30 days, the Third Appraiser shall review both full narrative appraisal reports, establish an appropriate annual market value rent for the renewal term and forward copies of the completed appraisal review to the Postal Service and Landlord. The Postal Service then may, but shall not be obligated to, timely exercise the renewal option. If the Postal Service elects to exercise the renewal option, the rent shall be established at 95% of the annual rental amount determined by the Third Appraiser for the renewal term of the Lease. 4. Landlord and Postal Service shall share equally the cost of the Third Appraiser, as follows. The Postal Service shall contract for the Third Appraiser using its standard Contract for Real Estate Services. Landlord shall reimburse the Postal Service 50% of the cost of the Third Appraiser within 60 days of presentation of the Third Appraiser's invoice(s). If Landlord fails to pay this 50% share within said time period, the Postal Service may deduct that amount from the following month's rent without further notice to Landlord. 85 of 102 263 Facility Name/Location PO NAME (FIN-SUB) ADDRESS, CITY, STATE ZIP+4 County: COUNTY Lease: Q90000766909 DRAFT Renewal Option Rider (Market Value) March 2021 Page of 2 2 5. If the parties have not completed the appraisal/market value rent determination process and the date for the Postal Service to exercise the renewal option is approaching, the Postal Service may, but shall not be obligated to, timely exercise the renewal option at the Postal Service appraiser's market value rent figure (pursuant to paragraph 1 above) and shall not be considered a holdover tenant; provided that if the parties fail to complete the appraisal/market value rent determination process prior to the date for the Postal Service to exercise the renewal option due to the failure of the Postal Service to begin the rent determination process within the time frame set forth in paragraph 1 above, then if the Postal Service elects to exercise the renewal option, the rent for that renewal period shall be the Landlord's appraiser's market value rent figure (unless Landlord did not timely procure its appraiser's market value determination, in which event the Postal Service appraiser's market value rent figure shall apply). Once the renewal term's appropriate market value rent has been determined as noted above, the Postal Service will either pay to Landlord any incremental rental increase for this interim period or deduct any incremental rental decrease for this interim period from rent or other payments due to Landlord under the Lease. 86 of 102 264 ATTACHMENT “D” PROPOSAL CHECKLIST This checklist is provided as an abbreviated reference to Paragraph 10, Proposal Submission Requirements. This checklist is NOT intended to replace the requirements of Paragraph 10: A. ______ Provide a general written statement describing the qualifications and background of the proposer including any financial (equity) partner. B. ______ Provide a completed Attachment “E”, Proposer(s) Information. C. ______ Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. D. ______ Provide an acknowledgement letter attesting that the proposer has read and understands all procedures and requirements of this RFP/RFQ (see Attachment “I,” Acknowledgement Letter). E. ______ Provide a list of proposer’s key personnel that will be directly involved in proposed Project’s development or management team, along with their professional qualifications, and a list of similar projects on which they have actively participated. Provide no less than three and no more than ten related projects for this item. F. ______ Provide a written list of similar projects developed by the proposer, or companies controlled by its principals, and proposer’s team that were completed within the last ten (10) years, including photographs, addresses, dates the projects were completed, and general project description. G. ______ Provide a brief profile for each member of the development team other than the proposing developer, as well as the resumes of the key personnel who would be assigned to the Project. H. ______ Provide whether the proposed Project is confined to the property offered by the BBCRA or if it utilizes adjacent property. If the latter, specify the location, size, use, level of control/commitment of such adjacent property to be included in the proposer’s Project and provide documentation evidencing site control or contractual commitment. I. ______ Provide a Construction Staging and Sequencing Plan including nature and timing of on‐ and off‐site impacts. 87 of 102 265 J. ______ Provide a detailed description of the proposed Project, with text, tabulations and graphics. K. ______ Provide a proforma financial analysis including a development budget with a detailed breakdown of all Project pre‐development costs, other soft and financing costs, property acquisition from the BBCRA (and others if additional properties are included in the Proposal), construction and other hard costs and post‐construction period sales or other development costs, a sources and uses statement clearly identifying the sources and amounts and terms of all of the proposed debt and equity funding sources to pay for the Project. A proposer may submit the requested breakdown information under a format of their own choosing but must also complete the Proposed Project Funding Uses and Sources Information form provided as Attachment “F”. L. ______ Provide a list of entities and demonstrate experience with obtaining such project‐ based subsidies for workforce housing by listing projects and the amount and type of subsidy utilized or other information that would support proposer’s ability to secure such financing, if the Project is proposed to use funding subsidies from the BBCRA or other qualified entities. M. ______ Provide a description of how the proposer will make attempts to utilize local qualified contractors, and sub‐contractors, and laborers in the proposed Project as well as pre‐apprenticeship or apprenticeship training. Documentation of this effort will be required as part of the project monitoring. N. ______ Provide proof of financial capability to complete the proposed Project. Financial capability will be demonstrated by submitting a current (audited, if available) financial statement of the proposing entity, or underlying entity if proposing entity was recently created, which includes a balance sheet, a three‐year statement of past income, and a projected one‐year income statement for the current fiscal year for the proposer (and its parent entity if proposer is a subsidiary). O. ______ Provide a signed written statement of intent to purchase the Project Site indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection if selected. P. ______ Provide authorization to perform credit checks for each proposer or business entity. The authorization must be executed by the appropriate officer of proposer entity (see Attachment “G, G.i.” Disclosure and Authorization to Perform Credit Check forms). 88 of 102 266 Q. ______ Provide a list of all civil and criminal legal actions in which each proposer entity (and its parent entity if it is a subsidiary) is currently a named party or was a named party in the past four (4) years. If there are none, provide a written statement to this fact. R. ______ Provide a statement as to whether the proposer is in arrears of any taxes or other financial obligations to the BBCRA, City, or any other municipal or state entities. If there are none, provide a written statement to this fact. S. ______ Provide a PowerPoint presentation of the proposal, consisting of no more than fifteen (15) slides with maximum of three (3) slides dedicated to proposer’s past history and experience information. T. ______ Provide executed form verifying that the proposer has met with City of Boynton Beach Planning and Development Department staff to review the Land Development Regulation requirements and development review processes applicable to the Project being proposed (see Attachment “H,” City of Boynton Beach Planning and Development Department Meeting Verification Form). U. ______Provide all other requirements contained in this RFP/RFQ, including all attachments that which require information from the proposer Attachments I thru N. V. ______ Provide required information in USPS Standard Landlord Proposal Attachment O 89 of 102 267 ATTACHMENT “E” PROPOSER(S) INFORMATION Name: ________________________________________________________________________ Street Address: _________________________________________________________________ Mailing Address (if different): ______________________________________________________ City, State, Zip: _________________________________________________________________ Telephone No.: _______________________ Fax No.: ___________________________________ Email Address of Contact Person: ___________________________________________________ Ownership Status ‐ Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to the organization and management efforts. _________________________________________________________ ______________________________________________________________________________ Age of Organization – In continuous business since: _____________________________________ Leadership ‐ List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a publicly held company, list Chairman of the Board, CEO, and President: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Federal Identification No.: ________________________________________________________ State of Incorporation & Registration No.: ____________________________________________ If not a corporation, explain your status: _____________________________________________ ______________________________________________________________________________ 90 of 102 268 ATTACHMENT “F” PROPOSED PROJECT FUNDING USES AND SOURCES INFORMATION Project Uses and Sources Land Costs $ ‐ Soft Costs $ ‐ Construction Costs $ ‐ Carrying Cost/Financing Costs $ ‐ Marketing and Sales Costs $ ‐ Permit and Impact Fee Costs $ ‐ Developer Overhead and Profit $ ‐ Total Project Cost $ ‐ Capital Stack Proposer/Developer Equity $ ‐ Outside Capital Investor Equity $ ‐ Mortgage or Financed Amount $ ‐ Amount of BBCRA contribution requested, if any $ ‐ Other funding as identified $ ‐ Funding Total $ ‐ 91 of 102 269 ATTACHMENT “G” DISCLOSURE AND AUTHORIZATION TO PERFORM CREDIT CHECK For Principal/Owner: (Please use a separate form for each principal/owner) As Principal/Owner of proposer, I ___________________ (name) hereby affirm I have read the above disclosure, and consent to and authorize the Boynton Beach Community Redevelopment Agency’s (“BBCRA”) investigation into my credit worthiness. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of my credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S., and I may request a copy of any information provided to the BBCRA as part of the BBCRA’s investigation into my credit worthiness. I grant such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. I hereby waive any and all claims, past present or future, which I may have against the BBCRA by reason of any credit investigation made pursuant to my consent and authorization herein given to the BBCRA. Proposer Name: ________________________________________________________________ Principal/Owner Name: __________________________________________________________ Date of Birth: ___________________________________________________________________ Current Home Address: ___________________________________________________________ ______________________________________________________________________________ Previous Home Address: __________________________________________________________ ______________________________________________________________________________ Email: _______________________________________ Telephone No.: ____________________ Signature:______________________________________________ Date:___________________ Print Name: ____________________________________________________________________ 92 of 102 270 ATTACHMENT “G.i.” AUTHORIZATION TO PERFORM CREDIT CHECK For Proposer (Business Entity): The proposer hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency’s (“BBCRA”) investigation into the credit worthiness of the proposer. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the proposer’s credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Proposer grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. This proposer hereby waives any and all claims, past present or future, which the proposer may have against the BBCRA by reason of any credit investigation made pursuant to proposer’s consent and authorization herein given to the BBCRA. An authorization to Perform Credit Check will need to be completed by each Principal/Owner and by the Business. Proposer (Business) Name (D/B/A if applicable): _______________________________________ Current Business Address: ________________________________________________________ ______________________________________________________________________________ Federal Tax ID#: _____________________________ State of Incorporation: _________________ Telephone No.: ______________________________ Fax No.: ____________________________ Authorized Signature: ________________________________________ Date: _______________ Print Name: _______________________________ Title: ________________________________ 93 of 102 271 ATTACHMENT “H” CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT DEPARTMENT MEETING VERIFICATION FORM Proposer(s): _______________________________________________________ has(have) met with the City’s Planning & Development Department to review the development that will be proposed at 401, 407 & 411 E. Boynton Beach Boulevard consisting of the following addresses and Property Control Number(s): Attachment “A” Aerial Map/Parcel Map (check all applicable) BBCRA‐owned Parcels Property Control Numbers 401 E. Boynton Beach Boulevard 08434521180000060 407 E. Boynton Beach Boulevard 08434521180000051 411 E. Boynton Beach Boulevard 08434521180000040 General Summary of Proposed Mixed‐Use Development (check all applicable): Approximate Gross Area of Non‐residential/Commercial Uses __________________ s.f. Approximate Total Number Market Rate Residential Units ________________________ Total # Rental Units __________ Total # For Sale/Condo Units__________ Approximate Total Number of Workforce Housing Units ________________________ Total # Rental Units __________ Total # For Sale/Condo Units__________ Other Uses_______________________________________________________________ Approximate Overall Height _________ feet Approximate Number of Stories __________ Approximate Total Parking Spaces (including additional Public Parking Spaces) _______________ Pre‐development/Entitlement Applications (check all applicable): Future Land Use Amendment Rezoning Conditional Use for ________________________________________________________ Site Plan Approval Replat Other ___________________________________________________________________ City of Boynton Beach Planning & Development Dept. Staff Name/Signature: _________________________________________ Date: _____________ 94 of 102 272 ATTACHMENT “I” ACKNOWLEDGMENT LETTER PROPOSER(S) SHALL INCORPORATE THIS ACKNOWLEDGEMENT LETTER IN THEIR SUBMITTAL PACKAGE ***************************************************************************** Re: Boynton Beach Community Redevelopment Agency Request for Proposal/Request for Qualifications (RFP/RFQ) dated _______________ United States Postal Service Boynton Beach Downtown Station Project To Whom It May Concern: The undersigned has read and understands all the procedures and requirements of the Boynton Beach CRA (BBCRA) Request for Proposal/Request for Qualifications (RFP/RFQ) for the United States Postal Service Boynton Beach Downtown Station Project dated July 28, 2023. On behalf of proposer identified below and our proposal team, we agree to and accept the terms, specific limitations, and conditions expressed therein. We have read, rely upon, acknowledge and accept the BBCRA’s disclosure and disclaimer, which is fully incorporated by reference into this letter, and certify that all of the requirements as described in the RFP/RFQ are met and all required documents are enclosed. We further certify that all information presented in this proposal, and all of the information furnished in support of the proposal, is true and complete to the best of our knowledge and belief, and we are aware of the fact that making false statements or presenting false information that results in an Agreement may be penalized to the maximum extent allowed by law. Sincerely, _____________________________________________________________________ Name of Proposer _____________________________________________________________________ Print Name and Title _____________________________________________________________________ Authorized Signature ________________________________ Date 95 of 102 273 ATTACHMENT “J” ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Request for Proposals and Developer Qualifications United States Postal Service Boynton Beach Downtown Station Project By entering checking YES or NO in the space provided and indicating date received. No. 1 Yes No Date____________________ No. 2 Yes No Date ____________________ No. 3 Yes No Date ____________________ No. 4 Yes No Date ____________________ No. 5 Yes No Date ____________________ RFP/RFQ INFORMATION WAS OBTAINED FROM: BBCRA Website Newspaper Ad City Hall Other, please specify: ___________ _______________________________________ Authorized Signature _______________________________________ Print Name _______________________________________ Title 96 of 102 274 ATTACHMENT “K” PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids, proposals, or replies on leases of real property to a public entity; be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty‐six (36) months following the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that proposer has not been placed on the convicted vendor list within the past 36 months and complies fully with the above requirements. _______________________________ Proposer Name _______________________________ Authorized Signature _______________________________ Print Name _______________________________ Title ________________________________ Date 97 of 102 275 ATTACHMENT “L” CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify that __________________________________, the proposer responding to this RFP/RFQ, maintains a drug‐free workplace program, and that the following conditions are met: (1) Proposer publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying the actions that will be taken against employees for violations of such programs. (2) Proposer informs employees about the dangers of drug abuse in the workplace, the company’s policy of maintaining a drug‐free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Proposer gives each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), proposer notifies the employee that, as a condition of working in the commodities or contractual services covered under this RFP/RFQ, he/she will abide by the terms of the statement; and will notify the employer (proposer) of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Proposer imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is convicted. (6) Proposer makes a good faith effort to continue to maintain a drug‐free workplace through implementation of this Section 287.087, Florida Statutes. As the person authorized to sign the statement, I certify that proposer complies fully with the above requirements. Authorized Signature: _________________________________________ Date: _____________ Name & Title (typed): ____________________________________________________________ 98 of 102 276 ATTACHMENT “M” AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the undersigned either of a professional credit or personal nature including the statement of your opinions with regard to the undersigned’s professional credit and personal character, or of the proposer identified below. The undersigned also authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the business identified as “proposer” below. By: Print Name: _________________________ Title: _______________________________ Proposer (Business) Name (D/B/A if applicable): ______________________________________ Current Business Address: ________________________________________________________ ______________________________________________________________________________ Federal Tax ID#: ___________________________ State of Incorporation: _________________ STATE OF FLORIDA COUNTY OF _______________________________ THE FOREGOING INSTRUMENT was acknowledged before me this day of , 20___, by _____ who is personally known to me or who has respectively produced as identification and did not take an oath. Notary Public: Print Name: ______________ Commission No: (Seal) My Commission Expires: 99 of 102 277 ATTACHMENT “N” CERTIFICATION OF NON‐SCRUTINIZED COMPANY _____________________________, as proposer, hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that proposer is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the submittal of the Proposal or the execution of any agreement arising out of this RFP/RFQ, the BBCRA may disqualify the Proposal and/or terminate the agreement. _______________________________ Proposer Name By: ____________________________ Authorized Representative of Proposer Date: __________________________ STATE OF FLORIDA COUNTY OF _______________________________ THE FOREGOING INSTRUMENT was acknowledged before me this day of , 20___, by _____ who is personally known to me or who has respectively produced as identification and did not take an oath. Notary Public: Print Name: ______________ Commission No: (Seal) My Commission Expires: 100 of 102 278 Attachment B Landlord Proposal A. Landlord Entity Details Landlord Entity Type: Landlord Entity Name: Landlord Contact Name: Bryan Hussey Landlord Contact Phone: (954) 764-6550 Landlord Contact Email: bryan@bthdevelopment.com Landlord Address: 5750 Powerline Road Fort Lauderdale, FL 33309 B. Building Details Building Address: 401-411 E. Boynton Beach Blvd., Boynton Beach, FL Proposed USPS Premises Square Footage: SF: 3,490 USPS requests that Landlord provide a floorplan that outlines the proposed USPS Premises, attached as Attachment C Loading Docks: 1 dock Parking Spaces: 22 Parking Spaces, as described in Attachment C Building Delivery Condition: Landlord to provide the building and systems in good working condition as a warm-lit shell. C. Term Lease Commencement Date: Upon Postal Service Execution Lease Term: 120 Months Renewal Options: Two (2) five-year options to renew, pursuant to the Option Rider, attached to the Form of Lease D. Business Terms: (@)JLL I~~ V .iii .iii Gross o 101 of 102 279 Free Rent Period: 6 Months Tenant Improvement Allowance: Not Applicable. Note: USPS strongly prefers to forego TI in lieu of a lower base rent. Rent: $_______ PSF $_______ per annum Note: rate to include all operating expenses and building insurance. Expenses: Please provide a breakdown of any estimated expenses: Taxes: $_______ PSF E. Lease Terms: Repairs and Maintenance: Landlord shall repair and maintain the building and all building systems that it provides, pursuant to the Repairs and Maintenance Rider, attached to the Form of Lease. Utilities: Billed directly, pursuant to the Utilities, Service and Equipment Rider, attached to the Form of Lease. Taxes: Postal Service to reimburse Landlord once annually, pursuant to the Tax Rider, attached to the Form of Lease. (@)JLL I~~ 102 of 102 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 ITEM DMR Construction Services, Inc. Maple Tree Investments, LLC Landlord Entity Name: 401 BBBlvd LLC TBD Maple Tree Investments, LLC Proposed USPS premises square footage:3490 gross sf 3490 gross sf Loading Docks: 1 1 Parking Spaces:22 or less based on design requirements if required 22 Building Delivery Condition: Landlord to provide the building and systems in good working condition as a warm-lit shell Landlord to provide the building and systems in good working conditionas a warm-lit shell Commencement: Upon Postal Service Execution Upon Postal Service Execution Lease Term: 120 months 120 months Rent Abatement: 6 months 6 months Rent: Option #1 $80.92 per sq. ft. w/expense recovery (annual=$282,411) yrs. 1-5 3% annual increase yrs. 6-10 $99.50 per sq. ft. (annual=$347,280) yrs. 1-5 $109.50 per sq. ft. (annual=$382,008) yrs. 6-10 Rent: Option #2 $58.00 per sq. ft. w/o expense recovery (annual=$202,710) yrs. 1-5 3% annual increase yrs. 6-10 Not Applicable Expenses: CAM: $12.50 MGMT: $3.24 INSUR: $8.00 TAXES: $0 $0 Renewal Options: Two (2) five-year options to renew Two (2) five-year options to renew Rent Abatement: 6 months 6 months Purchase Price: $120,000 $917,000 Request for Tax Abatement from CRA:yes, for life of the lease no Request for Reduction of Impact Fees and Tie-In Fees yes no UNITED STATES POSTAL SERVICE BOYNTON BEACH DOWNTOWN STATION PROJECT RFP/RFQ 7/28/23 480 Evaluation Criteria DMR Construction Services, Inc. Maple Tree Investments, LLC1a. Capability of the Proposer and Development Team. Primary focus shall be on: a. Experience, qualifications, and financial capacity of the proposer (and financial partner, if any is identified and to the extent firmly committed);Formed 1992 NJ-Qualified in FL 2018. Identified 2 key personnel are located in Delray Beach, FL. No experience developing a USPS facility. Very diverse constructions projects - projects in NJ/NY large apt. mixed use complexes, SFH 5,000-10,000 sq. ft., industrial flex space, historical preservation/repairs of public transportation terminal, signal system power project repairs/construction due to storm surge underground to aerial, water treatment plant renovations. Completed townhome project Briny Breezes, Gulfstream, 2 in pre-development stage; mixed use apt. complex (Delray), apt. complex (Boynton). Formed 2017 KY- Qualified in FL 2023. MTI has completed 3 USPS offices-KY, WV & NC. No other projects were referenced. Team consists of MTI owners (Todd & Dejoni Conley), GC (Hauser Construction Group) and Architect (USPS Architect-Jose E. Blanco). No resumes were provided for the team as requested in the RFP. No further information was provided for the General Contractor and the projects they have completed, Experience of general contractor not provided. MTI is hiring the Architect used by USPS for the plans which were attached to the RFP.1b. Track record of securing financing for (or self-financing) and developing projects of comparable nature and comparable or greater scale;Valley Bank Letter of credit in the amount of $5,000,000. No experience developing projects comparable in nature. Demonstrated experience in residential, industrial, commercial and public projects similar or greater in scale.No proof of financial capacity provided per 10.n of RFP/RFQ, but can be verified with project references – may need Board waiver. Provided a Letter of Interest from First & Farmers National Bank (FFNB) for the purchase and construction upon bank approval of an application for financing. They have had a long working relationship with FFNB. 1c.i. Quality: In terms of their use and architecture. The capability and track record for high quality design of the architect/design team will also be considered;Architecture is comparable to other typical commercial buildings. Team has track record successful completed residential, industrial, commercial and public projects.Architecture is comparable to other typical commercial building. No conceptual renderings were provided. Met USPS expectations on three other projects. 1c.ii. Evidence of financing relationships and interest in the proposed projectValley Bank Letter of Commitment of $5MFarmers Nat'l Bank has provided an LOI and has worked with MTI in the past but did not provide a financing commitment/verification of funding1ciii. Other information indicating the proposer’s financial capacity which it chooses to provide at this stage;No other information was provided on the proposer's financial capability. No other information was provided on the proposer's financial capability. 1d. Reputation in the industry for competence and integrity;Extensive completed projects in New York and New Jersey. 1 residential townhome in Gulf Stream and predevelopment in They have past experience in developing USPS sites. Reputation in the industry has been demonstrated. GC experience was not represented in proposal.1e. Successful completion of public-private development experience, if any.Demonstrated experience in public and private projects, but not public-private development. No resumes provided to determine past public-private development experience. Only experience provided is the 3 USPS projects. No resumes provided to determine past public-private development experience. 2a. Likelihood of Feasibility. The likelihood of the proposed project being feasible in a reasonable timeframe, considering: The thoroughness and convincing nature of the market, development/construction, financing, operating, and other elements of the proposer’s analyses, assumptions, and strategies; Estimated Project Cost of $2,178,407. 87% hard construction, 5% Soft Costs, 5.5% Land Costs, 0% permitting and 2.5% financing costs. A descriptive project management narrative, design approach, and construction approach was provided. The construction cost breakdown was not provided. Estimated Project Cost of $2,994,342. 43% hard construction, 24% Soft Costs, 31% Land Costs and 2% permitting. No project management, design approach was provided. The construction approach and cost estimate was provided. Construction cost by Proposer varies from Contractor's detailed cost estimate. 2b. Financing commitments, if any; $1,415,964 in Construction Loan and $762,443 in developer equity. LOC $5M w/ Valley Bank$2,395,473 in Construction Loan and $598,868 in developer equity2c. Extent of control of any additional properties proposed to be included in the project; Project within limits of Site only. Not applicable. Project within limits of Site only. Not applicable.2d. Implementation schedule; and,Schedule is 35 weeks in construction from issuance of permit. (9 Months)No schedule was provided. Completion anticipated 1 year from Purchase and Development Agreement effective date. REQUEST FOR PROPOSALS AND DEVELOPER QUALIFICATION UNITED STATES POSTAL SERVICE BOYNTON BEACH DOWNTOWN STATION PROJECT Evaluation Criteria481 Evaluation Criteria DMR Construction Services, Inc. Maple Tree Investments, LLCREQUEST FOR PROPOSALS AND DEVELOPER QUALIFICATION UNITED STATES POSTAL SERVICE BOYNTON BEACH DOWNTOWN STATION PROJECT Evaluation Criteria2e. Conditions and contingencies for realizing the project such as financing, market/pre-leasing, and regulatory/approvals, and how likely these are to be achieved.$762,443 in Developer Equity and $1,415,964 in Construction Loan. Financing provided, purchase price of land and rent terms established but not in accordance with USPS lease terms (that will need to be negotiated and approved by USPS). Lease rate of $58/sf ($202,420/$234,703) without operating expenses. Lease rate of $80.92 ($282,813 annual) with all operating expenses. Rent increase 3% annually from years 6-10.$598,868 in Developer Equity and $2,395,473 in Construction Loan. Purchase price of land and rent terms established and in accordance with USPS lease terms (that will need to be negotiated and approved by USPS). Lease rate of $99.51/sf ($347,280 annual) for years 1 thru 5 and $109.46 (382,008) for years 6 thru 10 modified gross rate. 3a. Financial Return/Effect to BBCRA. This would include: The value of the proposed sale terms;123,600 payment for subject land, based upon $80.92 Modified gross rate rent terms provided by USPS. $917,000 payment for subject land, based upon modified gross rate rent terms provided by USPS3b. Any subsidy requested from the BBCRA;They are looking for tax rebate for life of the lease, which could be 10 to 20 years. Reduction of impact fees, permit fees and tie-in fees.None provided3c. The value of the additional public parking to be provided by the proposer;None ProvidedNone provided3d. Real estate taxes and any other direct or other clearly identifiable revenues to the BBCRA that would be generated by the project;No tax revenue for life of lease, which could be 10 to 20 years. Typical Property Tax Revenue3e. Consideration of the timing and likelihood of receiving these revenues and any such other direct values or costs that the BBCRA in its discretion considers relevant and can reasonably be evaluated. (It should be noted that, although revenue generated by the project is an important evaluation criterion, the BBCRA is not obligated to select or negotiate with the proposer who proposes the highest financial return to the BBCRA.)Construction schedule provided and no additional revenues, values or costs were offered. No schedule was provided and no additional revenues, values or costs were offered. 4. Fulfilment of the CRA’s requirements and objectives for the project as stated in Paragraphs 9 & 10 of the RFP/RFQ. This would include: a. Parking Component: i. The number of public parking spaces; ii. Operational efficiency; iii. Aesthetic quality, and amenity of the proposed public parking component;Developer provided parking in accordance with RFP/RFQ preliminary plans provided by USPS. 18 Customer (1 ADA) and 4 Employee (1 ADA) was provided. Alternate Site Plan was provided to show different building location and exclusion of the alley. The Operational efficiency and aesthetic quality is average. Parking design is feasible and will need to be adjusted to meet Code Requirements.Developer provided parking in accordance with RFP/RFQ preliminary plans provided by USPS. No additional research or design was provided by proposer. 18 Customer (1 ADA) and 4 Employee (1 ADA) was provided. The Operational efficiency and aesthetic quality is average. Parking design is feasible and will need to be adjusted to meet Code Requirements. 4b. The extent and nature of workforce housing; (Not Required)Not required or provided. Not required or provided. 4c. The proposed project’s ability to contribute to the vitality, amenity, and economic activity of and in the Downtown District;The proposed project will provide a vital amenity for the Downtown District. The proposed project will provide a vital amenity for the Downtown District. 4d. High quality architecture and aesthetic appeal;The architecture and aesthetic appeal are sufficient for the use. The architecture and aesthetic appeal sufficient for the use. 4e. The inclusion of meaningful open spaces, providing green and sustainable components and initiatives beyond what is required and/or that are unique solutions;None providedNone provided482 Evaluation Criteria DMR Construction Services, Inc. Maple Tree Investments, LLCREQUEST FOR PROPOSALS AND DEVELOPER QUALIFICATION UNITED STATES POSTAL SERVICE BOYNTON BEACH DOWNTOWN STATION PROJECT Evaluation Criteria 4f. The inclusion of adjacent properties to the extent that it will improve the overall quality of the proposed development; and, (Not Required)Not required or provided. Not required or provided. 5. Proposed plan or program to use local contractors, sub-contractors, and laborers in the Project. The plan or program shall include pre-apprenticeship or apprenticeship training and monitoring mechanisms.Program provided and will use Procore project tracking. Apprenticeship Program is through the NJ chapter of Associated Builders and Contractors. ABC has a SE FL chapter- https://abceastflorida.com/ DMR has hired directly through this service. DMR can provide their procurement/hiring model. No specific reference or experience on how much or examples of successful implementation of local hiring or apprenticeship commitments/programs by any team members.483 484 485 486 487 488 489 490 491 492 493 494 495 496 United States Postal Service Boynton Beach Downtown Station Project Maple Tree Investments 2047 Grab Rd Greensburg Ky 42743 497 Maple Tree Investments •Todd Conley Owner/Manager Maple Tree Investments •Greensburg KY •Bio: •Born and live in Greensburg, KY Population 2,800 •Western Kentucky University 1995-1999 •Began learning construction trade while working through college •After university, spent 5 years working for Kentucky Department of Agriculture •In 2003, opened my own independent insurance agency. •Also in 2003, started a property development business with my wife, Dejoni. •In 2017, started Maple Tree Investments, LLC which focuses on commercial building with an emphasis on USPS facilities. •I also manage and work my family farm with my father. 498 Greensburg KY USPS Facility •Completed our first project for USPS in 2018. •Property acquisition •Design •Site development and structure construction •6,000 sq/ft net interior space 499 Clarksburg WV USPS Facility •In 2020, we completed our second USPS facility. •Property acquisition that included two Chase bank buildings. •Demolition of previous buildings, design, site development and structure construction. •3,400 net sq/ft net interior space 500 Lewisville NC USPS Facility •In 2022, we completed our third project USPS facility. •Design, site development and structure construction. •6,000 sq/ft net interior space 501 USPS BOYNTON BEACH DOWNTOWN STATION PROJECT •Retail USPS facility with approximately 3,490 sq/ft net interior space •(1) 30 foot loading dock with dock leveler •HVAC to code •200 amp Electrical service •Plumbing to specifications of USPS work letter •Metered water and gas utilities •22 Parking spaces including ADA •Site construction work will be developed according to final USPS plans 502 DESIGN AND DEVELOPMENT TEAM •DESIGN: JOSE E. BLANCO, ARCHITECT 2673 SW 14TH CT MIAMI, FLORIDA 33442 •CONSTRUCTION: HAUSER CONSTRUCTION GROUP 4076 W BROWARD BLVD PLANTATION, FL 33317 503 504 505 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 12, 2023 OLD BUSINESS AGENDA ITEM 13.B SUBJECT: Discussion and Consideration of Extension of Lease with the USPS at 217 N. Seacrest Boulevard SUMMARY: The USPS is leasing the property located at 217 N. Seacrest Blvd., Boynton Beach, FL 33435 (Attachment I). The original lease (Attachment II) was extended by the CRA Board on April 11, 2023 (Attachment III) and is due to expire on January 31, 2024 (Attachment IV). USPS would like to remain at the current location until a new long-term retail facility can be acquired. The CRA is in the process of reviewing responses to a Request for Proposals (RFP) from developers for the construction and ownership of a new downtown USPS retail space at 401-411 E. Boynton Beach Blvd. USPS has submitted a request to extend the lease to January 31, 2025, at the current annual rental rate of $180,125.00 (Attachment V). As a Federal agency, the attached extension is a standard USPS form and has been reviewed by CRA legal counsel. Due to the condition of the building and costs associated with ongoing maintenance, the CRA Board may elect to increase the rent. As a standard practice, a typical annual commercial rent increase would be between 3-5%. Increases would calculate as follows: 3% = $5,403.75 ($185,528.75 annually; $15,460.73 monthly) 4% = $7,205.00 ($187,330.00 annually; $15,610.83 monthly) 5% = $9,006.25 ($189,131.25 annually; $15,760.94 monthly) FISCAL IMPACT: Fiscal Year 2023-2024 Budget: rental income TBD CRA PLAN/PROJECT/PROGRAM: 2016 CRA Redevelopment Plan and 2010 Downtown Vision and Master Plan CRA BOARD OPTIONS: 1. Approve a one-year extension under the current terms and conditions. 506 •Attachment I - Location Map •Attachment II - Boynton Beach - Downtown Station Lease LED 1-31-23 •Attachment III- 04-11-2023 CRA Meeting Minutes •Attachment IV - Approved Lease Extension 1 •Attachment V - Request for Lease Extension 2 2. Approve a one-year extension with an increase in rent as determined by the Board. 3. Do not approve an extension to the lease. ATTACHMENTS: Description 507 Current USPS Location 217 N. Seacrest Blvd. Potential new USPS location 401 E. Boynton Beach Blvd. 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 Lease Extension 1 Facility Name/Location This refers to the Lease accepted by the United States Postal Service, hereinafter called the Postal Service, under date of ____________, whereby there is leased to the Postal Service the above-described facility. WHEREAS, the Postal Service desires and Landlord is willing to extend said Lease as specified below; NOW THEREFORE, in consideration of the mutual covenants and agreements herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: June 2020 The Postal Service may terminate this Agreement by giving 90 days written notice to the Landlord. In all other respects, the Lease shall remain the same and is hereby confirmed. To extend the terms and conditions of the said Lease, as the same may have been modified or amended, for a fixed term basis beginning 02/01/2024 and ending 01/31/2025 at an annual rental of $180,125.00. Lease: H00000100547 Lease Extension No: 001DOWNTOWN STATION (110960-001) 217 N SEACREST BLVD, BOYNTON BEACH, FL 33435-9998 06/25/2002 532 EXECUTED BY LANDLORD this ________ day of _______________________, ______. GOVERNMENTAL ENTITY By executing this Lease Amendment, Landlord certifies that Landlord is not a USPS employee or contract employee (or an immediate family member of either), or a business organization substantially owned or controlled by a USPS employee or contract employee (or an immediate family member of either). Name of Governmental Entity: _____________________________________________________________ __________________________________ _____________________________________ Name & Title Name & Title __________________________________ _____________________________________ Name & Title Name & Title __________________________________ _____________________________________ Name & Title Name & Title __________________________________ _____________________________________ Name & Title Name & Title Landlord’s Address: ____________________________________________ ____________________________________________ _________________________ Zip+4_______________ Landlord’s Telephone Number(s): ___________________________ __________________________________ Federal Tax Identification No.:______________________________________ _________________________________________ _________________________________________ Witness Witness a.Where the Landlord is a governmental entity or other municipal entity, the Lease must be accompanied by documentary evidence affirming the authority of the signatory(ies) to execute the Lease to bind the governmental entity or municipal entity for which he (or they) purports to act. b.Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to Landlord at the address specified above, or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and submitted to “Contracting Officer, U.S. Postal Service” at the address specified below, or at an address that the Postal Service has otherwise directed in writing. ACCEPTANCE BY THE POSTAL SERVICE Date: _______________ __________________________________ ____________________________________ Contracting Officer Signature of Contracting Officer _______________________________________________________________________________ Address of Contracting Officer Western FSO 7500 E 53RD PL RM 1108, DENVER, CO 80266-9918 BOYNTON BEACH COMMUNITY Terrence P Brennan XX-XXX3410 REDEVELOPMENT AGENCY 2 Lease Extension BOYNTON BEACH CRA Signature Page leaseamd Gvt. Entity (June 2020) 33435-4515 (561) 600 - 9098 100 E OCEAN AVE - 4TH FL BOYNTON BEACH, Fl 533 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 12, 2023 OLD BUSINESS AGENDA ITEM 13.C SUBJECT: Discussion and Consideration of the First Amendment to the Interlocal Agreement between the City and CRA for the Historic Woman's Club of Boynton Beach located at 1010 S. Federal Highway SUMMARY: On February 11, 2021, the City and the CRA entered into an Interlocal Agreement (ILA) for the transfer of ownership and funding of certain improvements, operations, and maintenance of the Historic Woman's Club of Boynton Beach (HWCBB) located at 1010 S. Federal Highway, Boynton Beach, FL (see Attachment I). The ILA allows the City to request reimbursement for eligible costs for the physical maintenance and renovations in an amount not to exceed $250,000 annually for three years. Basic terms of the ILA: CRA Funding $750,000.00 ($250,000.00 annually) Funding to be used for maintenance/operation, construction costs for physical improvements, ADA accessibility, historic preservation, health & safety codes and pedestrian access Termination date of February 11, 2024, with an option to extend the ILA (¶9 of ILA) Funding issued upon City's written request for reimbursement along with required documentation (¶4 of ILA) Reimbursements made to the City (See Attachment II): FY 2021-2022 - $86,413.63 FY 2022-2023 - $203,840.00 FY 2023-2024 - None to Date The attached draft first amendment to the interlocal agreement for the transfer of ownership and funding of certain improvements, operations, and maintenance of the HWCBB will extend the termination date to September 30, 2024 (See Attachment III). FISCAL IMPACT: 02-58200-402 - Capital Outlay CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan: Historic Properties and Federal 534 •Attachment I - February 11, 2021 Land Transfer, Operations, and Maintenance ILA for the HWCBB •Attachment II - CRA Reimbursements •Attachment III - First Amendment to ILA for HWCBB Highway District, 2010 Downtown Vision and Master Plan CRA BOARD OPTIONS: 1. Approve the Amendment to extend the termination date of the Interlocal Agreement between the City and the CRA for the funding of certain improvements, operations, and maintenance for the Historic Woman's Club of Boynton Beach. 2. Do not approve the Amendment to extend the termination date of the Interlocal Agreement between the City and the CRA for the funding of certain improvements, operations, and maintenance for the Historic Woman's Club of Boynton Beach 3. Provide alternative direction to staff upon further Board discussion. ATTACHMENTS: Description 535 536 537 538 539 540 541 542 543 544 545 546 547 ActivityInvoice NumberPayment date Amount Remaining Balance PO 1968 10/6/2021 Issued PO250,000.00$ 250,000.00$ Invoice 75703 6/7/2022 43,817.00$ 206,183.00$ Invoice 75736 6/8/2022 1,114.63$ 205,068.37$ Invoice 78288 9/30/2022 23,210.00$ 181,858.37$ Invoice 78289 9/30/2022 18,272.00$ 163,586.37$ Invoice 78903 11/15/2022 34,186.00$ 129,400.37$ Invoice 80358 1/9/2023 32,994.00$ 96,406.37$ FY 21‐22 86,413.63$ Invoice 80359 1/9/2023 17,692.00$ 78,714.37$ FY 22‐23 203,840.00$ Invoice 80360 1/9/2023 43,817.00$ 34,897.37$ FY 23‐24 ‐$ Invoice 84402 7/26/2023 19,000.00$ 15,897.37$ 15,897.37$ 290,253.63$ PO 202610/14/2022 Issued PO 10/14/2022250,000.00$ 250,000.00$ 2/28/2023 Invoice 81399 2/28/2023 16,151.00$ 233,849.00$ 2/28/2023 Invoice 84403 7/26/2023 40,000.00$ 193,849.00$ 193,849.00$ PO 206710/9/2023 Issued PO500,000.00$ 500,000.00$ 500,000.00$ CRA Reimbursements Payments in Fiscal Years:548 4870-0623-0420, v. 1 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THERON. This FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THERON (“First Amendment”) is entered into by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, (“CITY”), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, (“CRA”) (individually a “Party” and collectively, the “Parties”). RECITALS WHEREAS, the Parties entered into the INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THERON (“Agreement”) on February 11, 2021; and WHEREAS, the Agreement is set to terminate on February 11, 2024; and WHEREAS, the Parties desire to extend the termination date of the Agreement subject to the terms of this First Amendment. NOW THEREFORE, in consideration of the terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of where are hereby acknowledged, the Parties hereby agree to amend the Agreement as follows: 1) Incorporation. The recitals and other information above is hereby incorporated herein as if fully set forth. 2) Term of the Agreement. The term of the Agreement is hereby amended such that Agreement shall terminate September 30, 2024. 549 4870-0623-0420, v. 1 3) Effective Date of this Amendment. This First Amendment will become effective at the date and time that the last party signs below. 4) The Parties agree that all terms, conditions, and provisions of the Agreement not expressly amended, modified or deleted by this First Amendment shall conti nue in full force and effect. 5) This First Amendment may be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Agreement and this First Amendment, this First Amendment shall control. IN WITNESS OF THE FOREGOING, the parties hereto have caused this First Amendment to be executed on the day and year written below. Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ______________________________ By: _______________________________ Office of the CRA Attorney Ty Penserga, CRA Chair Date:______________________________ Approved as to Form: CITY OF BOYNTON BEACH ______________________________ By: _______________________________ Office of the CITY Attorney Ty Penserga, Mayor Date:______________________________ 550 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 12, 2023 OLD BUSINESS AGENDA ITEM 13.D SUBJECT: Discussion and Consideration of the First Amendment to the Interlocal Agreement between the City and CRA for the CRA District Streetscape/Lighting Improvements SUMMARY: On May 11, 2021, the Board approved a list of streetscape/lighting improvement projects utilizing the $445,561 that was reallocated by the Board as part of the February 9, 2021 budget amendment, and directed staff to work with legal counsel and the City to bring back an Interlocal Agreement (ILA) to fund these improvements. On June 8, 2021, the Board approved the Interlocal Agreement to fund the CRA Streetscape/Lighting Improvements in the amount not to exceed $445,561 and established a termination date of January 31, 2024. The Interlocal Agreement (ILA) details the responsibilities of the City and CRA, the procedures to fund reimbursement to the City, and the reporting requirements by the City to ensure compliance with the Plan and Florida Statutes (see Attachment I). To date, a total of $143,788.39 has been reimbursed to the City (See Attachment II). A remaining balance of $301,772.61 is due to the City for eligible expenditures on the projects. The attached draft first amendment to the interlocal agreement for the funding of the streetscape/lighting improvements will extend the termination date to September 30, 2024 (see Attachment III). As described in the ILA and consistent with the 2016 Boynton Beach Redevelopment Plan and Chapter 163, Florida Statutes, CRA funds will be used for design activities, material and equipment, and installation costs associated with the physical improvements of the project. The City will be responsible for overseeing the Project, coordinating with the contractor(s) and other entities as necessary for the completion of the project. Additionally, the City will also be responsible for the maintenance of the lighting improvements as a result of the project, along with contracting with other entities as necessary to comply with applicable codes. FISCAL IMPACT: Project Fund, FY 2020-2021, CRA Purchase Order # 1930, $445,561. Remaining Balance $301,772.61. CRA PLAN/PROJECT/PROGRAM: 551 •Attachment I - R21-058 ILA RE Lighting-Streetscape Projects •Attachment II - CRA Lighting Improvement Project List & Reimbursements •Attachment III - First Amendment to Streetscape and Lighting ILA 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the First Amendment to the Interlocal Agreement to extend the termination date of the CRA Streetscape/Lighting Improvements and authorize the Board Chair to execute subject to final legal review. 2. Do not approve the First Amendment to the Interlocal Agreement to extend the termination date of the CRA Streetscape/Lighting Improvements. 3. Provide alternative direction to staff upon further Board discussion. ATTACHMENTS: Description 552 1 RESOLUTION NO.R21-058 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY 5 OF BOYNTON BEACH AND THE BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT AGENCY FOR VARIOUS 7 STREETSCAPE/LIGHTING IMPROVEMENT PROJECTS 8 WITHIN THE CRA DISTRICT; AND PROVIDING AN 9 EFFECTIVE DATE. 10 WHEREAS, on June 8, 2021, the Boynton Beach CRA approved this Interlocal 11 Agreement to fund up to $445,561 to cover design and construction costs associated with 12 certain projects; and 13 WHEREAS, these streetscape/lighting improvement projects aim to brighten and 14 beautify the project's area; and 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 16 recommendation of staff,deems it to be in the best interests of the City residents to approve and 17 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community 18 Redevelopment Agency for various streetscape/lighting Improvement projects within the CRA 19 District. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 22 Section 1. Each Whereas clause set forth above is true and correct and incorporated 23 herein by this reference. 24 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 25 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 26 Beach and the Boynton Beach Community Redevelopment Agency for various S:\CA\RESO\Agreements\ILA With CRA For Streetscape Lighting-Reso.Docx 553 27 streetscape/lighting Improvement projects within the CRA District, a copy of said Interlocal 28 Agreement is attached hereto as Exhibit"A". 29 Section 3. That this Resolution shall become effective immediately upon passage. 30 PASSED AND ADOPTED this 15th day of June, 2021. 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 YES NO 34 35 Mayor—Steven B. Grant 36 37 Vice Mayor—Woodrow L. Hay 38 39 Commissioner—Justin Katz 40 41 Commissioner—Christina L. Romelus 42 43 Commissioner—Ty Penserga 44 45 VOTE 7-0 46 ATTEST: 47 48 49 50 C stat Gibson, MMC 51 ity Clerk 52 53 54 (Corporate Seal) 55 S:\CA\RESO\Agreements\ILA With CRA For Streetscape Lighting-Reso.Docx 554 R21-058 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE STREETSCAPE/LIGHTING IMPROVEMENTS WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. THIS AGREEMENT("Agreement")is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the Party"or"Parties"). WITNESSETH: WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan("Plan") calls for the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan; and WHEREAS, the CITY will undertake a Lighting Improvement Project to install, replace, and maintain exterior lighting within the right-of-ways or publicly owned properties in furtherance of that goal; and WHEREAS, lighting improvements is anticipated to take place in locations identified in designated locations,as further described in Exhibit"A,"which is hereby incorporated herein;and WHEREAS,the CRA desires to provide the CITY with funding for lighting improvements at these locations that are within the CRA Area(the"Project"); and WHEREAS,the Project site lies within the boundaries of the CRA Area; and WHEREAS,the Project is intended to improve the overall quality, aesthetics,and function of these locations within the CRA Area; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, including the Community Redevelopment Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained,the parties hereby agree as follows: 01388588.1 1 555 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Four Hundred Forty-five Thousand Five Hundred Sixty-one and 00/100 Dollars ($445,561), for design services, materials and equipment, and installation costs associated with the physical improvements of the Project consistent with the terms of this Agreement, to be used for only reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to the Project,and in compliance with the requirements of this Agreement.In addition,only expenses directly associated with design activities, lighting materials and appurtenances such as fixtures, bulbs, wiring, banner attachments, control panels, and installation shall be considered eligible expenses. b. The CRA shall make payments to the CITY upon receipt of a complete written request from the CITY for payment,so long as such request complies with all requirements of this Agreement. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by§ 163.370(3),Florida Statutes, or otherwise prohibited by law. b. The CITY shall ensure that the Project is designed and constructed in compliance with the Plan. c. The CITY shall be responsible for overseeing the Project, coordinating with the contractor(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project,but shall coordinate with the CRA concerning compliance with the Plan. d. The CITY shall also be responsible for the maintenance of the lighting improvements as a result of the Project, along with contracting and coordinating with all other entities as necessary to comply with applicable codes. e. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director or designee and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes or supporting any Reimbursement Request. 01388588.1 2 556 4. Reimbursement of Funds a.The CITY shall provide a written request for reimbursement of funds Reimbursement Request")meeting the requirements of this Agreement to the CRA no later than 90 days after payment by the CITY of funds for which it is seeking reimbursement, and in no case later than 45 days prior to the end of each Fiscal Year in which the individual improvements of Exhibit"A"achieves final completion. For purposes of this Agreement, final completion shall be deemed achieved upon approval of a final inspection from the City, or the equivalent. The request shall include the following information: i. The amount of reimbursement requested; ii. A summary of the Project improvements for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes, and evidence supporting the statement. iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. v. For any Reimbursement Request submitted after final completion, evidence of an approved final inspection, or equivalent, and a final report by the City detailing at minimum the type of lighting equipment, quantity, size, location, and the associated maintenance program for the lighting equipment that is installed. b. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement,to the CITY within thirty(30)days of receipt of the Reimbursement Request. c. If the CITY fails to submit a Reimbursement Request within 45 days prior to the end of Fiscal Year in which the individual improvements of Exhibit"A"achieves final completion, the CITY will no longer be eligible to receive any reimbursement and this Agreement shall terminate. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the CITY in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have 30 days from receipt of the notice to provide the necessary documentation to complete the 01388588-1 3 557 Reimbursement Request. If the CITY fails to provide the documentation required by the CRA within 30 days, the CITY shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the CITY for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for the Project, and shall not otherwise be responsible for effectuating the Project or maintaining any lighting improvements as a result of the Project. 6. Indemnification.The CITY shall indemnify, save,and hold harmless the CRA,its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal)associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence,or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after the Project has obtained an approved final inspection, or equivalent, and the CRA reimburses the CITY for the Project, or on January 31, 2024 Termination Date"), whichever comes first. In no case shall the CRA be required to reimburse the CITY for any untimely requests,or requests submitted after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 01388588-1 4 558 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books,records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11)of the Florida Statutes 10. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten(10)calendar days after receipt of written notice of such default from the other Party,the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 01388588-1 5 559 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: a. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E.Ocean Avenue Boynton Beach, FL 33435 b. CRA:Michael Simon, Executive Director Boynton Beach CRA 100 E. Ocean Avenue 4th Floor Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren,Cherof, Doody& Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale,Florida 33308 01388588.1 6 560 Tara Duhy,Esquire Lewis, Longman&Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18.No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically(i.e.,via facsimile or.pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival. The provisions of this Agreement regarding indemnity, waiver, termination, maintenance of trees,and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22.Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. Signatures on following page.] 01388588.1 7 561 IN WITNESS WHEREOF,the CITY and the C:R;\ hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, l _ dizta Florida m ici I corporation By: ta1 Gibson,CITY Clerk Steven B.Grant,Mayor 4,..1 App d as to Fo • Date: 6//7/.290.2i 04' SEAL) Office of the CITY Attorney Approved to Form: BOYNTON BEACH COMMUNITY f' ' REDEVELOP F.NCY r it By: r 4 Office of the CRA Attorney Steven B. Orel* 'hair Date: ( I/ 0 ql DI su- 8 562 EXHIBIT"A" BOYNTON BEACH CRA STREETSCAPE/LIGHTING IMPROVEMENTS LIST ID IMPROVEMENTS LOCATIONS* 1 Ocean Avenue(East) Ocean Avenue between Federal Highway to Seacrest Boulevard 2 East MLK Jr.Boulevard Corridor MLK Jr. Boulevard between Seacrest Boulevard Streetscape and Federal Highway 3 Ocean Avenue Bridge Under/Over bridge 4 FPL LED Conversion/Upgrade Both sides of Federal Highway from Gulfstream Boulevard to Gateway Boulevard 5 Seacrest Boulevard(West side) NW 1st Avenue to SW 1st Avenue 6 Ocean Avenue(West) Ocean Avenue between Seacrest Boulevard to NW 3rd Street(along Sharrow path) 7 INCA Trail Along NE 7th - 10th Avenues, between Federal Highway and NE 7th Street 8 Casa Costa Frontage Federal Highway in front of Casa Costa Note: The locations of the lighting improvements are subject to change upon mutual agreement of the parties. 01388588.1 9 563 EXHIBIT "A" Boynton Beach CRA Lighting Improvement List ID IMPROVEME\TS LOCATIONS 1 Ocean Avenue(East) Ocean Avenue between Federal Highway to Seacrest Boulevard 2 East MLK Jr.Boulevard Corridor Streetscape MLK Jr.Boulevard between Seacrest Boulevard and Federal Highway 3 Ocean Avenue Bridge Under/Over bridge 4 FPL LED Conversion/Upgrade Both sides of Federal Highway from Gulfstream Boulevard to Gateway Boulevard 5 Seacrest Boulevard(West side) NW 1st Street to SW 1st Street Ocean Avenue between Seacrest Boulevard to NW 6 Ocean Avenue(West) 3rd Street(along Sharrow path) Along NE 7th-10th Avenues,between Federal71\( Tra i 1 Highway and NE 7th Street 8 Casa Costa Frontage Federal Highway in front of Casa Costa 564 FY 2020-2021 Boynton Beach CRA Lighting Improvement Project List PROJECTS PRIORITY Project Manager LIMITS OF PROJECT SCOPE BUDGET CRA DISTRICT NOTES City/CRA) Ocean Avenue between Construction-Paint existing poles Pedestrian Arms=$134,125 Ocean Avenue(East)NE 1st Street- 1 1.A. Gail Mootz/Thuy Shutt Federal Highway to black, convert single head to double $ 155,125.00 Cultural District Install$21,000 Federal Seacrest Boulevard head Permit/MOT=TBD TS to research Kimley-Horn MLK Jr.Boulevard Design-Improvements to area east 2009 plans of Centennial Management Corp. East MLK Jr.Boulevard Corridor Gary Dunmyer/Theresa between Seacrest Coordination with CMC at 2 1.B. CMC)Project boundaries where $ 125,000.00 Heart of Boynton Streetscape Utterback Boulevard and Federal possible such as added poles,brighter permitting required Highway FPL LES Project heads. Add cameras Upper Bridge: Construction-Install security Ddouble Arm =$105,000 lighting under bridge=$TBD Single Arm=$85,000 3 Ocean Avenue Bridge 1.0 Gail Mootz Under/Over bridge Expanding scope needed 216,500.00 Downtown Install=$26,500 Federal Hwy-Middle of Bridge for Painting=TBD Fixtures and Install=$107,000 Lower Bridge: CPTED Considerations Both Sides of Federal Design and Construction- Federal Highway, Highway from 4 FPL LED Conversion/Upgrade 2.A. Gary Dunmyer Gulfstream Boulevard to Administered by FPL;Coordination $ 30,000.00 Heart of Boynton, Gateway Boulevard with City-FPL-CRA Downtown Design and Construction-FPL NW 1st Street to SW 1st 5 Seacrest Boulevard(West side) 2.B. Gary Dunmyer Street conversion of arm and head(light Heart of Boynton fixture)to match east side fixture. Ocean Avenue between To be done before or in Gary Dunmyer/Thuy Seacrest Boulevard to Boynton Beach 6 Ocean Avenue(West)Seacrest-West 3.A. Shutt NW 3rd Street(along Design-Survey costs 60,000.00 Boulevard conjunction with BBB Complete Sharrow path) Street Improvements 565 FY 2020-2021 Boynton Beach CRA Lighting Improvement Project List City initiated-Cost for removal of blue light only 34 new light poles Along NE 7th-10th Avenues,between installation/annual operational 7 INCA Trail 4 Gail Mootz Construction-Removal of blue light $ 60,000.00 Federal Highway costs by City's Agreement withFederalHighwayandNE FPL *TS to give GD INCA 7th Street contact for City's Community Info meeting(general info not design input) Federal Highway in front To be done before or in 8 Casa Costa Frontage 5 Gail Mootz 30,000.00 conjunction with BBB Complete of Casa Costa Street Improvements TOTAL 676,625.00 Balance from$445,561(Budget Amendment on 2/9/21,Line Item #02- 231,064.00) 58200-406) 566 FY 2020-2021 Boynton Beach CRA Lighting Improvement Project List 567 CRY OF BOYNTON BEACH Exhibit A EXPENDITURE&REVENUE AMENDMENTS BUDGET YEAR 2020-21 2020/21 CITY MANAGER 2020/21 REVISED Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET General Fund(3021 302-0000-369.22-00 OTHER MISC.REVENUE/CM REIMBURSEMENT 737,000 445,561 1,1821561 Adopted Fund Tote!Revenues 4,113,005 445,561 4,558,566 302-4905-580.63-07 CRA IMPROVEMENTS 57,027 445,561 502,568 Adopted Fund Total Expenses 4,113,005 445,561 4,558,566 568 FY 2023-2024 Boynton Beach CRA Lighting Improvement Project List PROJECTS PRIORITY LIMITS OF PROJECT SCOPE BUDGET REIMBURSEMENT STATUS 1 Ocean Avenue (East) NE 1st Street - Federal 1.A. Ocean Avenue between Seacrest Boulevard and Federal Highway Construction - Paint existing poles black, convert single head to double head 155,125.00$ 133,788.41$ Ongoing 2 East MLK Jr. Boulevard Corridor Streetscape 1.B. MLK Jr. Boulevard between Seacrest Boulevard and Federal Highway Design - Improvements to area east of Centennial Management Corp. (CMC) Project boundaries where possible such as added poles, brighter heads. 125,000.00$ -$ Ongoing 3 FPL LED Conversion/Upgrade 2.A. Both Sides of Federal Highway from SW 36th to Gateway Boulevard Design and Construction - Administered by FPL; Coordination with City-FPL-CRA 30,000.00$ -$ Ongoing 4 Seacrest Boulevard (west side)2.B.NW 1st Street to SW 1st Street Design and Construction - FPL conversion of arm and head (light fixture) to match east side fixture. On hold 5 Ocean Avenue (West) Seacrest- West 3.A. NW 3rd Street to Seacrest Boulevard (along Sharrow path) Design - Survey costs 60,000.00$ -$ Ongoing 6 Ocean Avenue Bridge 3.B.Under/Over bridge • Construction - Install security lighting under bridge = $TBD Expanding scope needed • Federal Hwy - Middle of Bridge for Fixtures and Install = $107,000 $ 216,500.00 -$ On hold 569 FY 2023-2024 Boynton Beach CRA Lighting Improvement Project List 7 INCA Trail 4 Along NE 7th-10th Avenues, between Federal Highway and NE 7th Street Construction - Removal of blue light 60,000.00$ -$ On hold 8 Casa Costa Frontage 5 Federal Hwy in front of Casa Costa 30,000.00$ 30,000.08$ Completed TOTAL 676,625.00$ Balance from $445,561 (Budget Amendment on 2/9/21, Line Item #02- 58200-406) (231,064.00)$ 570 571 572 573 City of Boynton Beach 001611753206Account Number: Account Name: Bank ID:063100277 Check Inquiry Summary Check Details 325570Check Number: 001611753206Account Number: City of Boynton Beach Account Name: Bank ID:063100277 44,303.21Amount: 07/05/2022Posted Date: Paid Date:07/05/2022 BOFD - Bank Of First Deposit Bank Name:Bank of America NA (BOFD) Date:07/05/2022 R/T:11000138 000599001192140Sequence Number: Bank Name:Bank of America NA Date:07/05/2022 R/T:111012822 001692715898Sequence Number: Electronic Endorsement Information 1 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 4871-2426-1268, v. 1 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE STREETSCAPE/LIGHTING IMPROVEMENTS WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. This First Amendment (“First Amendment”) is between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, (“CITY”), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, (“CRA”) (individually a “Party” and collectively, the “Parties”). RECITALS WHEREAS, the Parties entered into the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Funding of the Streetscape/Lighting Improvements within the Boynton Beach Community Redevelopment Area (“Agreement”) on June 17, 2021; and WHEREAS, the Agreement terminates on January 31, 2024; and WHEREAS, the Parties desire to extend the termination date of the Agreement subject to the terms of this First Amendment. NOW THEREFORE, in consideration of the terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of where are hereby acknowledged, the Parties hereby agree to amend the Agreement as follows: 1) Incorporation. The recitals and other information above are hereby incorporated herein as if fully set forth. 2) Term of the Agreement. The term of the Agreement is hereby amended such that the Agreement shall terminate September 30, 2024. 3) Effective Date of this Amendment. This First Amendment will become effective at the date and time that the last party signs below. 4) The Parties agree that all terms, conditions, and provisions of the Agreement not expressly amended, modified or deleted by this First Amendment shall continue in full force and effect. 5) This First Amendment may be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Agreement and this First Amendment, this First Amendment shall control. 613 4871-2426-1268, v. 1 IN WITNESS OF THE FOREGOING, the parties hereto have caused this First Amendment to be executed on the day and year written below. Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ______________________________ By: _______________________________ Office of the CRA Attorney Ty Penserga, CRA Chair Date:______________________________ Approved as to Form: CITY OF BOYNTON BEACH ______________________________ By: _______________________________ Office of the City Attorney Ty Penserga, Mayor Date:______________________________ 614 •Attachment I - Executive Director Job Posting COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 12, 2023 OLD BUSINESS AGENDA ITEM 13.E SUBJECT: Update on Recruitment of New Executive Director SUMMARY: On November 13, 2023, the CRA Board directed staff to advertise the Executive Director position (Attachment I). The position was advertised on LinkedIn, FRA, IEDC and Indeed. We have received twenty- seven resumes as of December 5, 2023. Staff is recommending closing the application deadline on Friday, December 15, 2023. FISCAL IMPACT: FY 2023-2024 General Fund Budget, Executive Department; Line Item #01-51230-100 CRA BOARD OPTIONS: 1. Direct staff to close out the application deadline on Friday, December 15, 2023. 2. Provide alternative direction based on CRA Board discussion. ATTACHMENTS: Description 615 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TITLE: EXECUTIVE DIRECTOR REPORTS TO: BBCRA BOARD GENERAL DUTIES: Position manages the day-to-day operations, for the Boynton Beach Community Redevelopment Agency (BBCRA). The Executive Director is a highly responsible position that oversees a wide variety of redevelopment and economic development activities that include fiscal operations, policy making, capital project administration, BBCRA program management, redevelopment plan implementation, property acquisition, business incentives, new business development, business attraction and retention, special business promotion activities as well as the management and maintenance of BBCRA- owned properties. The Position serves as a liaison to businesses and property owners with the overall goal of enhancing the physical and economic character of the districts. Advanced professional work is focused on revitalization and community enhancement within the BBCRA Districts through redevelopment, capital improvement, and branding. EXAMPLES OF ESSENTIAL DUTIES: The examples as listed below are descriptions of essential functions and are not necessarily all inclusive. The omission of an essential function of work does not preclude the BBCRA Board from assigning duties not listed herein. Assigned duties, which are essential function of work not listed herein, are permissible if such functions are a logical assignment to the position. • Carries out the policies established by the five-member BBCRA Board which oversees the redevelopment of the six BBCRA Districts. • Oversees the day-to-day agency operations. • Provides oversight and management of Federal/State Grant programs designed to assist with redevelopment goals within the BBCRA area. • Provides comprehensive knowledge of redevelopment programs and their financing. • Develops potential incentive packages, provides market assessments/impacts, and monitors development trends. • Writes developer requests for proposals for the purpose of disposing of BBCRA land for redevelopment. • Evaluates and drafts recommended updates and amendments to the BBCRA Plan. 616 • Attend training sessions and conferences pertaining to BBCRA operations. • Prepares and manages annual BBCRA budget and compliance monitoring with F.S. Chapter 163 Part III • Assists with the development of capital projects included in the 2016 Boynton Beach CRA Redevelopment Plan; tracks the economic impact of those projects on Redevelopment activities City-wide. • Makes public presentations to the BBCRA Board, City Commission and other public/private organizations regarding BBCRA redevelopment, BBCRA business, initiatives, and focus. • Acts as a technical advisor to the Community Redevelopment Agency Board (City Commission) and BBCRA Advisory Board. • Prepares and manages BBCRA budget; identifies and accesses funding sources; maintains relationships with funding sources; administers contractual agreements with other governmental agencies. • Oversees the management and administration of capital projects within the BBCRA districts. • Promotes and disseminates information about BBCRA activities to stakeholders through media, print and social media; attends and conducts various meeting and presentations. • Negotiates and administers contracts, incentives, developer agreements, and projects; administers same. • Assist private developers and business owners with: site planning, zoning, platting, variances, incentives, and other regulatory issues associated with redevelopment and economic development in the BBCRA. • Attends monthly BBCRA Board meetings and City commission meetings in order to keep abreast of activities and programs, and to provide information and/or answer questions as necessary. • Represents the BBCRA at community meetings regarding BBCRA matters within the scope of the BBCRA activities. • Oversees hiring of BBCRA employees, consultants, and experts as provided for in • the annual budget • Supervises BBCRA employees, consultants, and special projects. • Other duties as assigned. KNOWLEDGE, SKILLS AND ABILITIES: • Knowledge of public and private financing and various debt financing mechanisms. • Knowledge of professional services contracting, bidding procedures, and contract administration. • Knowledge of the principles of budget administration and financial forecasting. • Knowledge of business correspondence and report writing. • Knowledge of the basic functions of Community Redevelopment Agencies. • Knowledge and experience with Public-Private Partnership developer negotiations and agreements. • Knowledge of the principles, techniques and objectives of a Community Development Block Grant program and HUD housing programs. 617 • Knowledge of economic development trends and techniques and the functions, operations and relationships among local, state, and federal agencies related to redevelopment and housing policies. • Ability to communicate clearly and concisely, orally and in writing. • Ability to effectively analyze issues and problems and identify optimum solutions. • Ability to plan, organize, and implement duties and responsibilities defined by desired outcomes and objectives. • Ability to gain cooperation through discussions and persuasion. • Ability to use good conflict resolution skills. • Ability to manage complex problems with multiple stakeholders. • Ability to interpret and apply the principles, practices, and procedures specified in Florida redevelopment law. • Ability to interpret and apply applica ble Federal, State, and local laws, rules, and regulations related to redevelopment programs. • Ability to use Windows-based word processing, electronic mail, spreadsheet, and database software. • An understanding of business attraction including lease negotiations in real estate. • Ability to take the initiative to complete the duties of the position without the need of direct supervision. • Ability to establish and maintain effective working relationships. • Ability to serve the public and fellow employees with honesty and integrity in full accord with the letter and spirit of all City ethics and conflicts of interest policies. A strong understanding of ethical behavior is required. • Ability to establish and maintain effective working relationships with the general public, co-workers, City officials and members of diverse cultural and linguistic backgrounds regardless of race, religion, age, sex, disability or political affiliation. • Ability to maintain regular and punctual attendance. MINIMUM QUALIFICATIONS: Bachelor’s degree from an accredited college or university with a major in business, urban planning, finance, construction management or related field and/or have a minimum of five (5) years’ experience in the public/private sector in a progressive city in real estate development, planning, project management, economic development and/or any equivalent combination of training and experience. Master’s degree preferred. Affiliations or membership with trade associations exemplifying additional education is a plus, such as Florida Planning Association, Urban Land Institute, Florida Redevelopment Association, International Council of Shopping Centers, NAIOP, IEDC, or other related associations. Professional certifications are a plus. A comparable amount of training and experience may be substituted for the minimum qualifications. PHYSICAL REQUIREMENTS: 618 Must have the use of sensory skills in order to effectively communicate and interact with other employees and the public through the use of the telephone and personal contact as normally defined by the ability to see, read, talk, hear, handle or feel objec ts and controls. Physical capability to effectively use and operate various items of office related equipment, such as, but not limited to a, personal computer, calculator, copier, and fax machine. SPECIAL REQUIREMENTS Possession of a valid, appropriate driver's license and an acceptable driving record. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. 619 •Attachment I - Executive Director Job Posting •Attachment II - Executive Staff Hiring Process COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 12, 2023 OLD BUSINESS AGENDA ITEM 13.F SUBJECT: Discussion and Consideration of Process for Selection of New Executive Director SUMMARY: On November 13, 2023, the CRA Board directed staff to advertise the Executive Director position (Attachment I). The position was advertised on LinkedIn, FRA, IEDC and Indeed. We have received twenty- seven resumes as of December 5, 2023. Staff is recommending following the process, which has been previously utilized by the City of Boynton Beach to fill vacant positions (see Attachment II): Once the advertisement is closed, staff will review each resume. Staff will compile a binder for each Board Member that will contain a minimum qualification form (see Attachment III) and the resume for each candidate. At the next scheduled meeting, the CRA Board will collectively select which candidates are to be interviewed, and staff will schedule interviews with each Board Member separately. After the interviews, the CRA Board will discuss the candidates at a special or regular CRA Board Meeting and select the successful candidate, if any. If a successful candidate is chosen, the Board may direct staff to enter into contract negotiations with the successful candidate. Staff is seeking approval of the process. FISCAL IMPACT: FY 2023-2024 General Fund Budget, Executive Department; Line Item #01-51230-100 CRA BOARD OPTIONS: 1. Direct staff to proceed with the process of recruiting a New Executive Director as provided. 2. Provide alternative direction based on CRA Board discussion. ATTACHMENTS: Description 620 •Attachment III - Minimum Qualifications Checklist 621 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TITLE: EXECUTIVE DIRECTOR REPORTS TO: BBCRA BOARD GENERAL DUTIES: Position manages the day-to-day operations, for the Boynton Beach Community Redevelopment Agency (BBCRA). The Executive Director is a highly responsible position that oversees a wide variety of redevelopment and economic development activities that include fiscal operations, policy making, capital project administration, BBCRA program management, redevelopment plan implementation, property acquisition, business incentives, new business development, business attraction and retention, special business promotion activities as well as the management and maintenance of BBCRA- owned properties. The Position serves as a liaison to businesses and property owners with the overall goal of enhancing the physical and economic character of the districts. Advanced professional work is focused on revitalization and community enhancement within the BBCRA Districts through redevelopment, capital improvement, and branding. EXAMPLES OF ESSENTIAL DUTIES: The examples as listed below are descriptions of essential functions and are not necessarily all inclusive. The omission of an essential function of work does not preclude the BBCRA Board from assigning duties not listed herein. Assigned duties, which are essential function of work not listed herein, are permissible if such functions are a logical assignment to the position. • Carries out the policies established by the five-member BBCRA Board which oversees the redevelopment of the six BBCRA Districts. • Oversees the day-to-day agency operations. • Provides oversight and management of Federal/State Grant programs designed to assist with redevelopment goals within the BBCRA area. • Provides comprehensive knowledge of redevelopment programs and their financing. • Develops potential incentive packages, provides market assessments/impacts, and monitors development trends. • Writes developer requests for proposals for the purpose of disposing of BBCRA land for redevelopment. • Evaluates and drafts recommended updates and amendments to the BBCRA Plan. 622 • Attend training sessions and conferences pertaining to BBCRA operations. • Prepares and manages annual BBCRA budget and compliance monitoring with F.S. Chapter 163 Part III • Assists with the development of capital projects included in the 2016 Boynton Beach CRA Redevelopment Plan; tracks the economic impact of those projects on Redevelopment activities City-wide. • Makes public presentations to the BBCRA Board, City Commission and other public/private organizations regarding BBCRA redevelopment, BBCRA business, initiatives, and focus. • Acts as a technical advisor to the Community Redevelopment Agency Board (City Commission) and BBCRA Advisory Board. • Prepares and manages BBCRA budget; identifies and accesses funding sources; maintains relationships with funding sources; administers contractual agreements with other governmental agencies. • Oversees the management and administration of capital projects within the BBCRA districts. • Promotes and disseminates information about BBCRA activities to stakeholders through media, print and social media; attends and conducts various meeting and presentations. • Negotiates and administers contracts, incentives, developer agreements, and projects; administers same. • Assist private developers and business owners with: site planning, zoning, platting, variances, incentives, and other regulatory issues associated with redevelopment and economic development in the BBCRA. • Attends monthly BBCRA Board meetings and City commission meetings in order to keep abreast of activities and programs, and to provide information and/or answer questions as necessary. • Represents the BBCRA at community meetings regarding BBCRA matters within the scope of the BBCRA activities. • Oversees hiring of BBCRA employees, consultants, and experts as provided for in • the annual budget • Supervises BBCRA employees, consultants, and special projects. • Other duties as assigned. KNOWLEDGE, SKILLS AND ABILITIES: • Knowledge of public and private financing and various debt financing mechanisms. • Knowledge of professional services contracting, bidding procedures, and contract administration. • Knowledge of the principles of budget administration and financial forecasting. • Knowledge of business correspondence and report writing. • Knowledge of the basic functions of Community Redevelopment Agencies. • Knowledge and experience with Public-Private Partnership developer negotiations and agreements. • Knowledge of the principles, techniques and objectives of a Community Development Block Grant program and HUD housing programs. 623 • Knowledge of economic development trends and techniques and the functions, operations and relationships among local, state, and federal agencies related to redevelopment and housing policies. • Ability to communicate clearly and concisely, orally and in writing. • Ability to effectively analyze issues and problems and identify optimum solutions. • Ability to plan, organize, and implement duties and responsibilities defined by desired outcomes and objectives. • Ability to gain cooperation through discussions and persuasion. • Ability to use good conflict resolution skills. • Ability to manage complex problems with multiple stakeholders. • Ability to interpret and apply the principles, practices, and procedures specified in Florida redevelopment law. • Ability to interpret and apply applica ble Federal, State, and local laws, rules, and regulations related to redevelopment programs. • Ability to use Windows-based word processing, electronic mail, spreadsheet, and database software. • An understanding of business attraction including lease negotiations in real estate. • Ability to take the initiative to complete the duties of the position without the need of direct supervision. • Ability to establish and maintain effective working relationships. • Ability to serve the public and fellow employees with honesty and integrity in full accord with the letter and spirit of all City ethics and conflicts of interest policies. A strong understanding of ethical behavior is required. • Ability to establish and maintain effective working relationships with the general public, co-workers, City officials and members of diverse cultural and linguistic backgrounds regardless of race, religion, age, sex, disability or political affiliation. • Ability to maintain regular and punctual attendance. MINIMUM QUALIFICATIONS: Bachelor’s degree from an accredited college or university with a major in business, urban planning, finance, construction management or related field and/or have a minimum of five (5) years’ experience in the public/private sector in a progressive city in real estate development, planning, project management, economic development and/or any equivalent combination of training and experience. Master’s degree preferred. Affiliations or membership with trade associations exemplifying additional education is a plus, such as Florida Planning Association, Urban Land Institute, Florida Redevelopment Association, International Council of Shopping Centers, NAIOP, IEDC, or other related associations. Professional certifications are a plus. A comparable amount of training and experience may be substituted for the minimum qualifications. PHYSICAL REQUIREMENTS: 624 Must have the use of sensory skills in order to effectively communicate and interact with other employees and the public through the use of the telephone and personal contact as normally defined by the ability to see, read, talk, hear, handle or feel objec ts and controls. Physical capability to effectively use and operate various items of office related equipment, such as, but not limited to a, personal computer, calculator, copier, and fax machine. SPECIAL REQUIREMENTS Possession of a valid, appropriate driver's license and an acceptable driving record. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. 625 626 627 MINIMUM QUALIFICATIONS - EXECUTIVE DIRECTOR POSITION Candidate Name: Bachelor's degree from an accredited college or university Business Urban Planning Finance Construction Management Or Related Field Minimum of five (5) years' experience in the public/private sector in a progressive city Real estate development Planning Project Management Economic Development And/or any equivalent combination of training and experience Master's Degree Preferred Affiliations or membership with trade associations exemplifying additional education is a plus Florida Planning Association Urban Land Institute Florida Redevelopment Association International Council of Shopping Centers NAIOP IEDC Or other related associations _______________________________ Professional Certifications 628 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 12, 2023 NEW BUSINESS AGENDA ITEM 14.A SUBJECT: Discussion and Consideration of Purchase of 417, 445 and 521 N Federal Highway, 520 and 522 NE 5th Avenue, and 511 and 522 NE 4th Street (aka the Hall Properties) SUMMARY: The properties located at 417, 445 and 521 N Federal Highway, 520 and 522 NE 5th Avenue, and 511 and 522 NE 4th Street (aka the Hall Properties) first became available for purchase on April 24, 2023, in the amount of $9,500,000.00 (Attachment I). An appraisal was acquired on May 24, 2023, that valued the properties at $5,100,000.00 (Attachment II). Since the asking price of the property was far above the appraised value, CRA staff respectfully declined bringing the property before the CRA Board for consideration. On November 20, 2023, the CRA received an updated offer from the seller in the amount of $6,247,500.00, which is 22.5% above appraised value (Attachment III). Below are the two options that were provided in the updated offer. Option 1: $6,247,500.00 cash closing $300,000.00 deposit within 5 days of contract execution $100,000.00 additional deposit within 5 days after acceptance and waiver of the feasibility period Option 2: $2,847,500.00 due upon closing $300,000.00 deposit within 5 days of contract execution $100,000.00 additional deposit within 5 days after acceptance and waiver of the feasibility period $3,000,000.00 due upon deliverance of remaining parcels in 2025 with a 7% holding fee ($210,000.00) There are a total of 7 parcels that are nearby and/or adjacent to one another totaling 1.24 acres (Attachment IV). The 2 properties along the railroad tracks are currently zoned C4 - general commercial. The other 5 properties are currently zoned CBD - Central Business District. The properties are located within the Downtown District, with a future land use of Mixed Use Medium (50 du/ac) (Attachment V). 629 •Attachment I - April 24, 2023 Hall Proposal to the BBCRA •Attachment II - May 24, 2023 Appraisal - Hall Assemblage, Boynton Beach •Attachment III - November 20, 2023 Hall Proposal to the BBCRA •Attachment IV - Location Map •Attachment V - Downtown District •Attachment VI - Hall Property Comparisons The total cost to the CRA would be $6,247,500.00 for 1.24 acres at an average cost of $115.66 per sq. ft. 2024 taxes would be borne by the CRA for all the subject properties and any and all city liens. A spreadsheet has been provided showing comparable commercial properties which have been acquired by/offered to the CRA (Attachment VI). FISCAL IMPACT: Purchase price to be determined by the Board. Funding is available from FY 2023-2024 Budget, Project Fund, Line Item 02-58200-401 ($3,650,000.00) Remaining balance would need to be budgeted in FY 2024-2025 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Boynton Beach Boulevard District CRA BOARD OPTIONS: 1. Approve the purchase of 417, 445 and 521 N Federal Highway, 520 and 522 NE 5th Avenue, and 511 and 522 NE 4th Street (aka the Hall Properties) in an amount to be determined by the CRA Board and authorize the Board Chair to execute a Purchase and Sale Agreement subject to final legal review. 2. Do not approve the purchase of 417, 445 and 521 N Federal Highway, 520 and 522 NE 5th Avenue, and 511 and 522 NE 4th Street (aka the Hall Properties) from James Hall II. 3. Alternative direction to staff and legal counsel to be determined upon further Board discussion. ATTACHMENTS: Description 630 April 24, 2023 Proposal to the Boynton Beach CRA Boynton Beach is now growing at a rapid pace. I would like to see the property I have acquired over the years become beneficial to the community consistent with making the downtown Boynton area a more enjoyable and ergonomic place to live. The following properties are located in the center of Boynton Beach, with great potential to benefit and better serve the community with the right vision and proper development. Therefore, I respectfully submit the following proposal. Sale and Purchase of the following 7 parcels located within the CRA’s boundaries and opportunity zone. All parcels are owned by James Hall II. - 417 N Federal Highway - 445 N Federal Highway - 521 N Federal Highway - 522 NE 5th Ave - 520 NE 5th Ave - 522 NE 4th St. - 511 NE 4th St. Asking Price: $9,500,000 Basic Terms: Cash at closing. The CRA will absorb all city liens as well as back property taxes. We are in communication with other buyers currently. We want to reserve our right to consummate a contract at any time prior to executing a binding contract with the CRA. Closing: On or before June 25th,2023 Ernest Money deposit: Buyer shall deliver to escrow agent $300,000.00 within five days of contract execution. This proposal is valid until May 25th, 2023. However, the offer can be pulled if a contract is executed by another buyer. Kind Regards, James Hall II 631 632 AUCAMP, DELLENBACK & WHITNEY APPRAISERS & CONSULTANTS APPRAISAL REPORT (APPRAISER FILE: 23-0744) REDEVELOPMENT PROPERTY HALL ASSEMBLAGE 400 BLOCK OF N FEDERAL HWY (SEVERAL ADDRESSES) BOYNTON BEACH, FLORIDA FOR BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FL AS OF MAY 24, 2023 633 AUCAMP, DELLENBACK & WHITNEY APPRAISERS & CONSULTANTS ___________________________________________________________________________________________________________________________________ 1900 NW Corporate Blvd, Suite 215E, Boca Raton, Florida 33431 561-998-9326 www.adw-appraisers.com June 19, 2023 Ms. Theresa Utterback Development Services Manager Boynton Beach Community Redevelopment Agency 100 E Ocean Ave Boynton Beach, FL 33435 RE: Appraisal of Real Property Redevelopment Property Hall Assemblage 400 Block of N Federal Hwy (several addresses) Boynton Beach, Florida 33435 (Appraiser File: 23-0744) Dear Ms. Utterback: As you requested, we made the necessary investigation and analysis to form an opinion of value for the above referenced real property. This report is an appraisal of the property. To assist Boynton Beach Community Redevelopment Agency in business-related decisions regarding this property, this appraisal provides an estimate of market value for the fee simple interest in the subject real property in its “as is” condition. This report is written in APPRAISAL REPORT format. No other party may use or rely on this report for any purpose. This appraisal assignment and report have been prepared in accordance with requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) developed by the Appraisal Standards Board of the Appraisal Foundation, with the appraisal requirements of Title XI of the Federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), with the Interagency Appraisal and Evaluation Guidelines of 2010, with the Appraisal Institute’s Code of Professional Ethics and Standards of Professional Appraisal Practice, and with requirements of the State of Florida for state-certified general real estate appraisers. The subject is located along N Federal Hwy, NE 5th Ave and NE 4th St within the municipality of Boynton Beach, Palm Beach County, Florida. The site consists of seven nearby or adjacent parcels totaling 53,896 square feet (SF), or 1.24 acres. The vacant portions of the subject consist of some grass and a few trees as well as an older surface parking lot with broken asphalt on one parcel. The remaining parcels are currently improved with older retail / restaurant, residential and vacant structures totaling about 6,500 SF in five buildings. A couple of these buildings are leased for the next few years, though the tenants can be required to vacate with 60 days’ notice of the property being sold. Additionally, capitalizing this income stream produces a much lower value than the current land value. Land prices are increasing in the area and are placing downward pressure on values as improved, and the subject’s improvements no longer significantly contribute to overall property value. The fee simple interest is the most relevant. 634 Ms. Theresa Utterback June 19, 2023 ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 3 File #23-0744 The subject parcels are currently zoned Central Business District and General Commercial by the city. A provision exists for the property owner to easily secure a zoning change to Mixed Use (MU-2; MU-3), which permits multifamily uses consistent with its CRA recommended underlying land use of Mixed-Use Medium (40 to 50 units per acre, and a max height of 65’ to 75’). Buyers in the local market have been purchasing property based on these mixed-use designations. Additionally, Florida Governor Ron DeSantis recently signed the new bill known as the “Live Local Act,” which allows for any parcel that is zoned residential, commercial, industrial, or mixed-use to be approved for multifamily or mixed-use at the highest density allowed in the city (80 units per acre) and at the tallest height permitted within a mile of the subject (150’). A portion of the units must be allocated for affordable housing. This law also set up major funding and tax incentives for such projects. The subject does not appear to be listed for sale on the open market, nor is it reported to be encumbered by a purchase and sale agreement. All of the subject parcels are attractive to a single purchaser under a single transaction based on their proximity and trends in the market. The likely scenario is that these parcels would then be further assembled with additional surrounding parcels and then redeveloped. After careful and thorough investigation and analysis, we estimate market value for the fee simple interest in the subject real property in its "as is" condition, subject to assumptions and contingent and limiting conditions as well as any extraordinary assumptions and hypothetical conditions, as explained in this report, as of May 24, 2023, is: FIVE MILLION ONE HUNDRED THOUSAND DOLLARS ($5,100,000) Aucamp Dellenback & Whitney has not performed services concerning this property during the past three years. Thank you for this opportunity to assist in meeting your appraisal needs. Respectfully submitted, AUCAMP, DELLENBACK & WHITNEY _________________________________ Brent Wells State-registered Trainee Appraiser RI24758 brent@adw-appraisers.com _________________________________ Jonathan Whitney, MAI State-certified General Real Estate Appraiser RZ2943 jon@adw-appraisers.com 635 TABLE OF CONTENTS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 4 File #23-0744 TABLE OF CONTENTS PART 1: INTRODUCTION 1 TITLE PAGE 1 LETTER OF TRANSMITTAL 2 TABLE OF CONTENTS 4 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS 5 LOCATION MAP 7 SUBJECT PHOTOGRAPHS 8 SCOPE OF WORK 21 PART 2: DESCRIPTIONS, ANALYSES, AND VALUE CONCLUSIONS 25 MUNICIPALITY 25 NEIGHBORHOOD 27 MARKET 32 SUBJECT PROPERTY 38 HIGHEST AND BEST USE 49 VALUATION PROCESS 51 SALES COMPARISON APPROACH 52 RECONCILIATION AND FINAL VALUE CONCLUSIONS 69 NORMAL MARKETING PERIOD AND REASONABLE EXPOSURE TIME 70 PART 3: ADDENDUM 71 CERTIFICATION 71 CONTINGENT AND LIMITING CONDITIONS 73 HYPOTHETICAL CONDITIONS AND EXTRAORDINARY ASSUMPTIONS 76 DEFINITIONS 77 AREA DESCRIPTION AND ANALYSIS 81 APPRAISER QUALIFICATIONS AND LICENSE 86 636 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 5 File #23-0744 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS REPORT TYPE Appraisal Report PROPERTY TYPE Redevelopment Property LOCATION Several addresses along the 400 Block of N Federal Hwy, Boynton Beach, Florida 33435 REPORT DATE June 19, 2023 VALUATION DATE May 24, 2023 INTENDED USER Boynton Beach Community Redevelopment Agency INTENDED USE To assist in business-related decisions regarding this property SITE Seven nearby or adjacent parcels totaling 53,896 SF or 1.24 acres IMPROVEMENTS Older retail/ restaurant, residential and vacant structures totaling about 6,500 SF in five buildings. These improvements no longer significantly contribute to overall value. OCCUPANCY 100% by the owner or tenants CENSUS TRACT 61.00 FLOOD ZONE X, flood insurance is typically not required in this zone HIGHEST AND BEST USE As Vacant: Immediate development of a residentially-focused mixed-use project, involving further assemblage with surrounding parcels As Improved: Immediate redevelopment of a residentially-focused mixed-use project, involving further assemblage with surrounding parcels NORMAL MARKETING PERIOD 12 months or less REASONABLE EXPOSURE TIME 12 months or less ASSIGNMENT OVERVIEW The subject is an attractive property for a developer. The sales comparison approach provides the most useful indication of market value. 637 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 6 File #23-0744 VALUE INDICATIONS Analysis Value Indication $/SF Land Cost N/A N/A Sales Comparison $5,100,000 $95 Income Capitalization N/A N/A Market Value Conclusion $5,100,000 $95 Strengths, Weaknesses, Opportunities, and Threats (SWOT) Strengths for the subject include aspects of its location. Location: The subject has a good residentially-focused location nearby a developing downtown and is adjacent to a public park. A couple subject parcels have good visibility at a signalized crosswalk involving busy N Federal Hwy. The subject is located among an area experiencing recent market interest and revitalization as well as increases in resident population. Weaknesses for the subject include aspects of its location and site configuration. Location: The subject’s surrounding area has lower than typical median household incomes and median homes values. The downtown Boynton Beach market has experienced less redevelopment compared to nearby cities. Site Configuration: The subject is not entirely contiguous as it is separated by public alley and privately held parcels. This is less desirable than one site with a typical shape. Opportunities for the subject include external factors such as market forces. Market forces: Favorable market forces are still apparent in the local residential rental market as we head further into 2023. The demand for units in South Florida is anticipated to outpace supply over the five years based on expected population growth. These features can lend to property prices and-or rents outpacing historic levels of inflation. Finally, threats for the subject include external factors such as market forces. Market forces: The residential market exhibits some risk as new product becomes available and as interest rates increase, placing some downward pressure on rents or prices. Rent growth has been significant in the past year and market participants report some level of caution at these new higher rent rates based on affordability issues. Also, increasing interest rates are placing downward pressure on property prices. Overall, the subject has good desirability in the local market. 638 LOCATION MAP ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 7 File #23-0744 LOCATION MAP SUBJECT 639 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 8 File #23-0744 SUBJECT PHOTOGRAPHS Bird’s eye view of subject (outlined) facing subject’s south elevation Facing subject 417 building (south and east elevations shown) 640 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 9 File #23-0744 North and west elevations shown (417 building) Interior (417 building) 641 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 10 File #23-0744 Restroom (417 building) Facing east from 445 property 642 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 11 File #23-0744 Facing south along N Federal Hwy with subject 417 and 445 properties on the right Facing northeast at 520 property 643 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 12 File #23-0744 Facing subject 521 building (east and north elevations shown) Interior (521 building) 644 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 13 File #23-0744 Restroom (521 building) Facing south along N Federal Hwy with subject 521 building on the right 645 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 14 File #23-0744 Facing subject 522 NE 5th building (east and north elevations shown) West and south elevations shown (522 NE 5th building) 646 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 15 File #23-0744 Interior (522 NE 5th building) Restroom (522 NE 5th building) 647 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 16 File #23-0744 Facing west along NE 5th Ave with subject 520, 521 and 522 properties on the left Facing subject 511 building from parking lot (north elevation shown) 648 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 17 File #23-0744 Interior / kitchen (511 building) Exterior bar / dining area (511 building) 649 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 18 File #23-0744 Exterior bar / dining area (511 building; east elevation shown) Restroom (511 building) 650 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 19 File #23-0744 Facing subject 522 NE 4th building (south and east elevations shown) Interior (522 NE 4th building) 651 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 20 File #23-0744 Facing south along NE 4th St with subject properties on the left and right 652 SCOPE OF WORK ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 21 File #23-0744 SCOPE OF WORK Appraisal Purpose: To estimate market value in "as is" condition Interest Appraised: Fee simple interest Client: Boynton Beach Community Redevelopment Agency Intended User: Boynton Beach Community Redevelopment Agency. No other party may use or rely on this report for any purpose. Intended Use: To assist in business-related decisions regarding this property Report Format: Appraisal Report Inspection Date: May 24, 2023 Effective Date: May 24, 2023 Report Date: June 19, 2023 Competency Rule: We had the knowledge and experience necessary to complete this assignment competently at the time of its acceptance. Definitions: Shown in the addendum of this report Hypothetical Conditions: None Extraordinary Assumptions: None Valuation Approaches: The sales comparison approach provides an estimate of market value based on an analysis of comparable property sales. Appraisers: Brent Wells and Jonathan Whitney inspected the readily accessible areas of the subject site, performed the research and analysis, and wrote this report together. Brent Wells worked on this assignment under the direct supervision of Jonathan Whitney, MAI. 653 SCOPE OF WORK ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 22 File #23-0744 Subject Property Name: Hall Assemblage Address: 522 NE 4th St, Boynton Beach, Florida 33435 511 NE 4th St, Boynton Beach, Florida 33435 521 N Federal Hwy, Boynton Beach, Florida 33435 522 NE 5th Ave, Boynton Beach, Florida 33435 520 NE 5th Ave, Boynton Beach, Florida 33435 417 N Federal Hwy, Boynton Beach, Florida 33435 445 N Federal Hwy, Boynton Beach, Florida 33435 Location: The subject is located along N Federal Hwy, NE 5th Ave, NE 4th Ave and NE 4th St, as well as along the FEC railroad tracks within the municipality of Boynton Beach, Palm Beach County, Florida Legal Description: Shown on the following page (source: surveys and Warranty Deeds) Current Owner: James William Hall II and Pearl Special Needs Trust (source: Palm Beach County Property Appraiser records). A title search was not performed as part of this assignment as that is outside the scope of work. Ownership History: The subject has not sold during the prior three years. No arm’s length transactions have occurred in the three years prior to the valuation date (effective date). The subject does not appear to be listed for sale on the open market, nor is it reportedly encumbered by a purchase and sale agreement. The subject property owner has reported a recent LOI (Letter of Intent) and an offer at $8,750,000 and $9,000,000, respectively. These will be discussed further in the sales comparison approach. Items Received: The following items were provided by Jim Hall, a representative of the owner: ▪ Surveys ▪ Tenant leases Interviews: We interviewed Jim Hall, a representative of the property owner, regarding the subject property. 654 SCOPE OF WORK ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 23 File #23-0744 Market Data Sources: CoStar Realty (subscription service), LoopNet.com (subscription service), Multiple Listing Service (subscription service), PwC Real Estate Investor Survey (subscription service), published reports from national brokerage firms, RealQuest (subscription service), Site-To-Do-Business (subscription service), Floodmaps.com (subscription service), RealtyRates.com (subscription service), Marshall Valuation Service (subscription service), local county property appraiser’s records (public records), Circuit Court recordings (public records), and appraisal files in this office Types of Data: Mixed-use / multifamily land sales Geographic Area: Primary: Boynton Beach; secondary: Palm Beach County; tertiary: South Florida Verification: Sales verified by a party to each transaction, unless otherwise noted 655 SCOPE OF WORK ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 24 File #23-0744 LEGAL DESCRIPTIONS 522 NE 4th St 511 NE 4th St 521 N Federal Hwy 522 NE 5th Ave 520 NE 5th Ave 417 & 445 N Federal Hwy 656 ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 25 File #23-0744 PART 2: DESCRIPTIONS, ANALYSES, AND VALUE CONCLUSIONS ____________________________________________________________________________ The subject’s municipality is described in the following pages. The Addendum contains an Area Description and Analysis of the state, South Florida, and Palm Beach County. MUNICIPALITY The City of Boynton Beach is located in southeastern Palm Beach County along the coastline of the Atlantic Ocean. The City was originally founded in the early 1900s and experienced tremendous growth between the 1950s and the 1980s. The city is nearly built-out with only infill sites remaining for development; redevelopment of some older properties has occurred during the past 10 years. Boynton Beach currently has roughly 65,000 residents. The City Limits encompass roughly 16.4 square miles, and the city is the third largest in Palm Beach County behind West Palm Beach and Boca Raton. The automobile is the primary mode of transportation in the city. The city has a grid-like pattern to its roads. Major north-south roadways are Federal Highway, Interstate 95 and Congress Ave. Major east-west roadways are Woolbright Rd, Boynton Beach Blvd and Gateway Blvd. Each of these east-west roads intersect with I-95. Transportation linkages are good. The most intensive uses within the city are permitted in the downtown area near the corner of Federal Hwy and Boynton Beach Blvd (AKA 2nd Ave). This downtown area has historically been a small low-rise area with limited commercial uses; new development has primarily consisted of a couple of residentially-focused high-rise buildings. The Congress Ave corridor, located west of I-95, is a major retail corridor in the region, anchored by the enclosed Boynton Beach Mall and open-air Renaissance Center. Substantial new commercial and residential development has occurred over the past 15 years in this area, consisting of low- to mid-rise office, retail and residential buildings. Boynton Beach has close proximity to a few high-end communities, such as Gulf Stream and Ocean Ridge. Primary employment centers in the region consist of Boca Raton to the south and West Palm Beach to the north. However, pockets of employment centers are located throughout the South Florida region. For instance, a large light industrial park, Quantum Corporate Park, is located in northern Boynton Beach near Gateway Blvd and I-95. Adequate recreational and institutional uses are located in the city or nearby. Several beaches are open to the public north and south of Boynton Beach Blvd. The 401-room Bethesda Memorial Hospital serves the Boynton Beach community. The long-term sustainability of Boynton Beach is aided by continued long-term in-migration to the region and proximity to employment centers and recreational amenities. 657 MUNICIPALITY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 26 File #23-0744 MUNICIPALITIES MAP SUBJECT 658 NEIGHBORHOOD ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 27 File #23-0744 NEIGHBORHOOD The subject neighborhood is the downtown area of Boynton Beach. This downtown area is the greater area surrounding the intersection of Boynton Beach Blvd and Federal Hwy. The neighborhood is in the revitalization stage of a typical neighborhood life cycle. The primary mode of transportation throughout the neighborhood is the automobile. Boynton Beach Blvd is a four-lane, traffic artery with an interchange with I-95. Seacrest Blvd is a collector roadway in the eastern part of the neighborhood. Federal Hwy is the primary north-south thoroughfare. Local streets connect with Boynton Beach Blvd and Federal Hwy. Overall, the roadway network is good. Most of this neighborhood was initially developed with low-rise commercial and single-family homes in the 1940s and 1950s. Some of these residential buildings have been converted to commercial use. Lots are relatively small and most conducive for use by small buildings. The City and the CRA (Community Redevelopment Agency) have been actively encouraging a more intensive downtown over the years. A handful of properties in the downtown have been redeveloped over the past 20 years with residentially-focused mixed-use projects, and some other projects are currently proposed. The downtown had a relatively low profile until three major redevelopment projects were completed over the years. Marina Village along E Ocean Ave was completed in 2006 with up to 14 floors of several hundred residential condominium units above 20,000 SF of first floor retail space. The Promenade along N Federal Hwy was completed in 2009 with 14 floors of 323 residential condominium units above 19,000 SF of first floor retail space. The loan note on the unsold inventory of approximately 250 units was sold to a prominent South Florida developer, The Related Group. This buyer subsequently took title in a “friendly foreclosure” and changed the name to Casa Costa. 500 Ocean is a major project that completed construction in 2018 with 341 residential units and 20,000 SF of commercial space at the southwest corner of Federal Hwy and E Ocean Ave. Boynton Beach’s former City Hall is currently being redeveloped into Boynton Beach Town Square. This 16-acre site along the south side of Boynton Beach Blvd will consist of a large new municipal and cultural complex as well as a mixed-use component. The new City Hall portion was recently completed. 659 NEIGHBORHOOD ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 28 File #23-0744 Historically, this downtown area has experienced less redevelopment compared to other eastern municipalities. However, several vacant and-or under improved sites in the downtown have recently traded hands and future development is on the horizon. Some of those projects are listed in the following bullets. Some of these projects involve incentives or grants from the City or CRA. The Pierce along the west side of N Federal Hwy is proposed for 300 residential units above 17,000 SF of restaurant, retail and office space, as well as 150 public parking spaces. Ocean One along the east side of N Federal Hwy is proposed for an eight-story project containing 371 units and 25,588 SF of commercial space, as well as more than 650 parking spaces. Legacy along the east side of N Federal Hwy, just south of E Ocean Ave, is proposed for an eight-story, mixed-use project consisting of 274 units and more than 12,000 SF of ground floor retail space. Villages at East Ocean along E Boynton Beach Blvd and Ocean Ave is proposed for 336 units and 10,000 SF of retail space. The following chart shows the demographics for rings surrounding the subject, as well as the demographics for the city, the county and the state. Compared to the county, the immediate area surrounding the subject (one-mile ring) has a lower median household income, a lower median home value, and a lower percentage of owner occupied units. The chart indicates significant projected annual population growth in the immediate area over the next five years. The one-mile radius to the subject has 15,189 residents, which is a rather dense area for Palm Beach County. DEMOGRAPHICS AROUND SUBJECT Source: ESRI, 2022 figures 1 Mile 3 Mile 5 Mile Boynton Palm Beach Florida Radius Radius Radius Beach County State Population 15,189 85,214 193,474 81,873 1,521,397 22,114,754 Projected Ann. Rate ('22 - '27) 1.38% 0.33% 0.32% 0.29% 0.34% 0.61% Median HH Income $55,232 $64,568 $68,111 $65,142 $76,687 $65,438 Households (HH) 5,991 36,774 83,106 34,931 619,271 8,760,977 Average HH Size 2.49 2.28 2.30 2.31 2.42 2.47 Median Age 43.8 44.2 47.2 44.3 46.4 42.8 Owner Occupied Units 43.4% 46.2% 53.9% 49.9% 59.1% 57.2% Median Home Value $270,042 $258,613 $299,433 $268,789 $351,335 $285,477 Item 660 NEIGHBORHOOD ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 29 File #23-0744 AREA MAP SUBJECT 661 NEIGHBORHOOD ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 30 File #23-0744 NEIGHBORHOOD MAP SUBJECT Marina Village 500 Ocean Casa Costa Town Square Ocean One The Pierce Villages Legacy 662 NEIGHBORHOOD ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 31 File #23-0744 AERIAL MAP OF SURROUNDING AREA SUBJECT SUBJECT SUBJECT 663 MARKET ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 32 File #23-0744 MARKET Overview The South Florida real estate market generally consists of property in Palm Beach, Broward, and Miami-Dade County and other smaller, surrounding counties (Monroe, Martin, St. Lucie). This market section was developed as a result of interviewing market participants, reviewing published reports, and analyzing trends involving construction prices, sales, rent rates, and occupancies. The ongoing coronavirus pandemic has substantially impacted real estate markets globally. Imperfect data is available at this time during this unfolding and ongoing event. This appraisal report captures the currently available data and the market’s current response. Starting in March 2020, various local, state and federal authorities in the United States ordered the closure of non-essential businesses. Most office workers are asked or ordered to work from home. Initially, most market participants report a pause on executing most new lease and sale transactions due to market uncertainty. As we now move through the third year of the pandemic, various segments of the real estate market have been affected in very different ways. The Federal government was initially very active in assisting business and individuals during the period of uncertainty surrounding the pandemic. This bolstered the economy in various ways, though some have argued the Federal stimulus may have had some unintended consequences. For instance, business owners report difficulty in finding workers for lower-paid retail, transportation, and hospitality jobs. As a result of increased safety measures related to the pandemic, as well as worker shortages, global supply chain delays have disrupted the normal course of business. The United States relies heavily on imports of manufactured goods, and the delays have caused some economic uncertainty. However, market participants report the low interest rate environment has been very desirable for getting new deals accomplished. In fact, the low interest rate environment has led to very robust gains in the residential market, with substantial year-over-year price increases between 2020, 2021, and 2022. And, as large segments of the United States workforce are still working remotely, workers explore living in warmer climates and low tax environments, such as South Florida. Also, some corporations have taken this opportunity to entirely relocate or expand offices to warmer climates, especially in financial services and tech-related industries. However, while most segments of the local real estate market are experiencing year-over-year gains with continued market interest, the retail and office markets are adjusting to some differences, with some projected pain ahead. The market has seen a surge of new e-commerce activity, causing a need for new warehouse space in dense areas, shifting some real estate needs from retail to industrial. New retail projects are still feasible in high-growth areas since retail typically follows new rooftops; however, many old and new projects in certain areas are being re-imagined with different tenant mixes. Some market participants expected a surge in retail defaults due to a change in consumer behavior. Retail space near previously dense office employment areas has been underperforming. And, whether working remotely is here to stay has yet to be fully understood, leaving some uncertainty in the office sector. Having said this, some new Class A office towers are proposed in select desirable areas of South Florida due to robust office absorption and in-migration. 664 MARKET ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 33 File #23-0744 Interest rates had been and continue to be at relative historic lows. Positive economic evidence led the Federal Reserve to increase the federal funds rate throughout 2018. However, midway through 2019, as a result of various trade wars and global political uncertainty, the Federal Reserve actually began to cut the rate. In early 2020, the Federal Reserve further cut the rate in response to mounting global economic uncertainty related to coronavirus pandemic. In light of significant annual inflation at 9% between 2021 and 2022, the Federal Reserve began to increase the target rate in 2022. As of June 2023, the federal fund target range is between 5.00% and 5.25%. Unemployment had been on a slow, steady decline in recent years and was reported to be hovering around 4.0% before jumping upward due to the pandemic. It has recently reset to just under 4.0%. The Gross Domestic Product (GDP) for the United States had been on a slow year-over-year percentage increase for several years until disruption occurred in 2020 with the coronavirus pandemic. In late 2022, consecutive quarters of negative GDP growth caused a recession to be considered and debated. As we move through 2023, market participants report some level of caution for an upcoming national economic recession. Overall, the South Florida real estate market is poised to outperform the nation due to the state’s low tax environment, business friendly climate resulting in corporate relocations and expansions, as well as desirable weather and recreational amenities leading to robust in- migration. 665 MARKET ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 34 File #23-0744 Residential Market Data collected by Reinhold P. Wolff Economic Research, Inc. (Reinhold Wolff) are reflects in the following chart. The building permits in 2022 are less than 2020 and 2021. The past five years shows an average of 21,000 units per year. Location Units Per Year County 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Palm Beach Multiple-Family 4,653 3,911 905 592 165 258 692 2,314 2,554 3,213 1,984 3,557 1,959 1,991 2,341 3,255 4,039 2,945 Single-Family 9,535 4,426 2,033 1,202 1,102 1,248 1,810 2,181 2,756 4,049 3,737 3,780 2,792 2,969 3,062 4,244 4,269 3,173 Total 14,188 8,337 2,938 1,794 1,267 1,506 2,502 4,495 5,310 7,262 5,721 7,337 4,751 4,960 5,403 7,499 8,308 6,118 Broward Multiple-Family 2,919 3,567 2,141 1,242 637 228 1,016 1,828 2,835 1,828 2,119 2,585 2,862 2,610 3,394 2,997 2,863 1,224 Single-Family 3,451 3,119 1,777 1,104 604 981 1,399 1,064 1,333 1,714 1,687 1,946 1,658 1,613 1,771 1,423 1,573 1,117 Total 6,370 6,686 3,918 2,346 1,241 1,209 2,415 2,892 4,168 3,542 3,806 4,531 4,520 4,223 5,165 4,420 4,436 2,341 Miami-Dade Multiple-Family 15,684 10,180 4,240 2,865 585 1,367 1,684 3,160 8,087 11,361 13,649 10,777 7,460 7,843 9,633 7,782 11,350 9,749 Single-Family 11,528 6,356 3,691 1,161 565 930 973 1,904 2,092 2,482 2,772 2,955 2,271 2,422 2,435 2,133 2,452 2,296 Total 27,212 16,536 7,931 4,026 1,150 2,297 2,657 5,064 10,179 13,843 16,421 13,732 9,731 10,265 12,068 9,915 13,802 12,045 South Florida Multiple-Family 23,256 17,658 7,286 4,699 1,387 1,853 3,392 7,302 13,476 16,402 17,752 16,919 12,281 12,444 15,368 14,034 18,252 13,918 Single-Family 24,514 13,901 7,501 3,467 2,271 3,159 4,182 5,149 6,181 8,245 8,196 8,681 6,721 7,004 7,268 7,800 8,294 6,586 Total 47,770 31,559 14,787 8,166 3,658 5,012 7,574 12,451 19,657 24,647 25,948 25,600 19,002 19,448 22,636 21,834 26,546 20,504 SOUTH FLORIDA BUILDING PERMITS Source: Reinhold P. Wolff Economic Research A general trend of resident in-migration to South Florida from northern states, mid-western states, and western states is recognized. Several reasons account for the trend. The federal tax overhaul in December 2017 limited the ability of taxpayers to deduct state and local taxes (SALT) from their income in subsequent years. Residents in high local tax states have been relocating to no state income tax states like Florida. Also, the onset of the pandemic and associated possibility of working remotely opened up opportunities for workers. As workers do not necessarily need to be in close proximity to a physical place of employment, the possibilities of relocation to desirable warmer climates enters the equation. 666 MARKET ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 35 File #23-0744 In terms of home prices, data provided by the Case-Shiller Home Price Index for South Florida shows home prices have been increasing in recent years, as shown in the following chart depicting the last year. The latest report in 2023 indicates about a 16% increase year-over-year in the index for South Florida. Nationally, the index level has increased less, at about 6%. The chart shows a leveling of prices as of late. An increase in interest rates typically results in a decrease in home prices. As interest rates have been increasing, national homebuilders have reported a slight decrease in the price per proposed unit that they are willing to pay. While there is certainly pressure for prices to decrease, this has yet to be meaningful experienced in the South Florida market. Having said that, the delta between list prices and sale prices was getting quite high, and so some asking prices have been lowering to reflect a more realistic sale price. With many high list prices and a higher cost to borrow money, the quantity of the sales has been decreasing as of late. 667 MARKET ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 36 File #23-0744 Rental Apartment Market To quantify recent trends within the local apartment market, we utilized CoStar Comps to research sales of multifamily properties located within South Florida; the results of this search are shown in the following chart. Historically, the annual sales volume has been around $4,000,000,000 per year, though in 2021 and 2022, the annual sales volume was over $10,000,000,000. Median prices per square foot and per unit have been showing significant year-over-year increases. The months to sale is similar to the marketing time and has been around seven months for several years. Year #Volume $/SF % $/Unit % Mos. to Sale 2015 701 $3,674,696,681 $131 $94,235 7.5 2016 667 $3,952,005,813 $138 5%$100,000 6%6.6 2017 773 $4,265,413,089 $145 5%$105,064 5%5.9 2018 1,047 $4,210,030,925 $146 1%$106,458 1%7.0 2019 1,000 $4,433,913,373 $159 9%$127,212 19%6.1 2020 706 $3,875,323,383 $177 11%$139,706 10%7.0 2021 889 $10,629,831,703 $234 32%$174,679 25%6.6 2022 823 $10,279,252,614 $288 23%$208,333 19%6.1 SOUTH FLORIDA MULTIFAMILY SALES Source: Compiled from CoStar Realty Sales Median Levels Cushman & Wakefield most recently published 2022 South Florida Market Update; this report is summarized in the following bullets: ▪ Capitalization rates for Class A assets range from 3.75% to 4.00%. ▪ Capitalization rates for Class B and C assets range from 4.25% to 4.50%. ▪ Currently, there are 36,216 new units under construction in South Florida. ▪ The region is anticipated to need over 63,000 new rentals over the next five years to keep pace with the population growth. ▪ Overall, sale prices and rental rates have been increasing within South Florida during the past five years. The most recent PwC Real Estate Investor Survey was recently published in Q1 2023; this report includes findings for investment grade properties within the Southeast Region Apartment Market which are summarized in the following bullets: ▪ Overall Cap Rate range: 4.25% to 6.00% with an average of 5.00%. ▪ Marketing Periods: Three to six months with an average of about four months. ▪ Year 1 Market Rent Change: Estimate of YOY increases of 0.00% to 5.00% with an average of 3.20%. Market interest for multifamily property has been quite high in recent years. A low interest rate environment has kept overall capitalization rates quite low. However, the US Central Bank has been increasing the federal fund rate to combat inflation. The result will likely be higher overall capitalization rates, though this has yet to be experienced in the South Florida market. 668 MARKET ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 37 File #23-0744 The following chart provides rental rate as well as vacancy information within Palm Beach County as well as the Boynton Beach/Boynton Beach East submarket (subject’s submarket) as reported by the Q1 2023 Reinhold Wolff survey. The data indicate the vacancy rate within the subject’s submarket is lower and the rental rates are lower in comparison with the county as a whole; this report is summarized in the following bullets: ▪ Rental rates within Palm Beach County have increased by 2.4% during the past year. ▪ Rental rates for one-, two- and three-bedroom units within the subject’s submarket have changed by about 2.6%, 4.0%, and 2.0%, respectively, during the past year. ▪ The vacancy rate in the submarket has increased from 1.1% to 1.7% during the past year. Units Vacancy Bedrooms Avg SF Rate $/SF 1.7% 1 821 $2,124 $2.59 2 1,133 $2,460 $2.17 3 1,373 $3,186 $2.32 2.2% 1 819 $2,320 $2.83 2 1,135 $2,755 $2.43 3 1,402 $3,367 $2.40 *Monthly rental rates. RENTAL APARTMENT MARKET Source: Reinhold Wolff Research (Q1 2023) Average Rent* Boynton Beach/Boynton Beach East Palm Beach County Market participants and market studies provided the following additional information: Interest in the subject’s submarket has increased significantly during the past few years. Rental rates have been increasing within the subject’s immediate area. Capitalization rates in the subject’s submarket have remained relatively stable during the past year. Employment expansion within South Florida has been a driver for strong demand for multifamily rental projects 669 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 38 File #23-0744 SUBJECT PROPERTY This section addresses physical characteristics of the site and improvements plus other factors, such as zoning and taxes. Analysis and conclusions for these features are included at the end of this section. Site Features Adjacent Uses: North: Warehouse, across NE 5th Ave East: Vacant land / multifamily, across N Federal Hwy West: Retail / FEC railroad tracks South: Retail / civic Size: Seven nearby or adjacent parcels totaling 53,896 SF or 1.24 acres (source: surveys and Palm Beach County Property Appraiser) Shape: Irregular Frontage: Along N Federal Hwy, NE 5th Ave, NE 4th Ave and NE 4th St, as well as along the FEC railroad tracks Corner: Generally unsignalized corners Topography: Generally flat and slightly above street grade Soils: Generally sandy, typical of the area. We assume the site has no adverse conditions. Hazards: An environmental site assessment report was not provided. We are not aware of any environmental hazards affecting the subject; we assume the site has no adverse environmental conditions. Utilities: Public water and sewer service as well as electricity and communication services Easements: The survey for the 511 property lists one 12’ easement along the northern portion of the site. We are not aware of any other easements that present unusual or adverse development conditions for the subject. Encroachments: The surveys do not list any encroachments. We are not aware of any encroachments that involve the subject. Census: 61.00 (source: United States Census Bureau) Flood Zone: X, Community-Panel: 12099C0791F, dated October 5, 2017; flood insurance is typically not required in this zone (source: FEMA) 670 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 39 File #23-0744 Zoning: Central Business District (CBD) and General Commercial (C-4) by the City of Boynton Beach; a provision exists for the property owner to easily secure a zoning change to Mixed Use (MU-2; MU-3), which permits multifamily uses consistent with its recommended underlying land use (40 to 50 units per acre, and a max height of 65’ to 75’). The permitted uses include retail, multifamily, office, hotel, and civic uses at a maximum FAR of 4.0. Incentives exist for greater density above 50 units. Additionally, Florida Governor Ron DeSantis recently signed the new bill known as the “Live Local Act,” which allows for any parcel that is zoned residential, commercial, industrial, or mixed-use to be approved for multifamily or mixed-use at the highest density allowed by right in the city (80 units per acre) and at the tallest height permitted within a mile of the subject (150’). A portion of the units must be allocated for affordable housing. This law also set up major funding and tax incentives for such projects. Thus, the subject could be developed up to 80 units per acre and 150’ in height. Future Land Use: Designated MXM for Mixed-Use Medium and GC for General Commercial by Boynton Beach Future Land Use: Recommendation is for MXM (Mixed-Use Medium) by Boynton Beach CRA Other: The subject is located in a federally-designated Opportunity Zone. Various tax benefits and incentives exist for private investment in properties located in these zones. Since this is a newer program, any effect on market prices has yet to be fully understood. 671 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 40 File #23-0744 Property Year: 2022 Year: 2021 Parcel IDs Assessment Taxes Assessment Taxes 08-43-45-21-26-003-0010 $257,112 $5,704 $148,794 $3,546 08-43-45-21-26-003-0020 $732,513 $17,550 $510,064 $13,137 08-43-45-21-26-004-0010 $256,750 $5,784 $174,697 $4,179 08-43-45-21-26-004-0021 $144,360 $3,285 $94,723 $2,308 08-43-45-21-26-004-0023 $150,780 $3,114 $85,622 $1,817 08-43-45-21-26-005-0010 $201,792 $4,440 $183,447 $3,892 08-43-45-21-26-005-0030 $280,795 $6,843 $255,268 $6,141 Totals: $2,024,102 $46,720 $1,452,615 $35,020 Taxes: The County’s Property Appraiser establishes assessments annually. The millage rate is the amount paid to each taxing body for every $1,000 of assessed value. Millage rates applied to properties in this neighborhood are for the state, county, city, and special districts. In addition, property owners are obligated to pay non-ad valorem taxes. Based on a Florida State Statute, the increase in assessments for non- homesteaded property (such as commercial property) cannot exceed 10% per year. As a result, the current market values (per the County’s Property Appraiser) for some properties exceed current assessments. Taxes are based on assessments and are not subject to a 10% annual cap. However, after a sale transaction, assessments are reset to the County’s market value. The subject is registered as vacant commercial, single-family and retail uses by the County. The millage rate during 2022 was 20.6519. The subject’s 2022 assessed value is less than the market value conclusion in this report. Taxes are past due. 672 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 41 File #23-0744 Improvements Vehicular Access: Paved vehicular access Along N Federal Hwy, NE 5th Ave, NE 4th Ave and NE 4th St Paving: Asphalt drive and parking areas Walkways: Concrete Drainage: Positive drainage away from improvements Landscaping: Grass, shrubs, and trees Irrigation: Underground system Lighting: Building- and pole-mounted Street Right-of-Way: Asphalt paving, concrete sidewalks, concrete curbing, storm water catchment basins, overhead lighting, and landscaped, curbed median (along Federal Hwy) Additionally, the surface is generally at or slightly above street grade. The vacant portions of the subject consist of some grass and a few trees as well as an older surface parking lot with broken asphalt on one parcel. The remaining parcels are currently improved with older retail / restaurant, residential and vacant structures totaling about 6,500 SF in five buildings. A couple of these buildings are leased for the next few years, though the tenants can be required to vacate with 60 days’ notice of the property being sold. Land prices are increasing in the area and are placing downward pressure on values as improved, and the subject’s improvements no longer significantly contribute to overall property value. 673 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 42 File #23-0744 ZONING MAP Subject parcels outlined in black SUBJECT 674 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 43 File #23-0744 FUTURE LAND USE MAP Subject parcels outlined in black 675 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 44 File #23-0744 BOYNTON BEACH CRA RECOMMENDATIONS FOR FUTURE LAND USE Subject parcels outlined in black SUBJECT 676 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 45 File #23-0744 AERIAL PARCEL MAP Subject parcels outlined in red 520 NE 5th Ave 522 NE 4th St 511 NE 4th St 522 NE 5th Ave 417 N Federal Hwy 455 N Federal Hwy 521 N Federal Hwy 677 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 46 File #23-0744 SURVEY (417 and 445 Properties) 678 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 47 File #23-0744 SURVEY (511 Property) 679 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 48 File #23-0744 SURVEY (520, 522, & 521 Properties) 680 HIGHEST AND BEST USE ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 49 File #23-0744 HIGHEST AND BEST USE The concept of highest and best use has the following definition. The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition (2010), p. 93. The highest and best use concept takes into account contribution of a specific use to the community and community development goals as well as benefits of that use to individual property owners. An additional aspect is the use determined from this analysis represents an opinion, not a fact to be found. The concept of highest and best use represents the premise upon which value is based. The highest and best use must meet four tests or criteria. Legally permissible: What uses are permitted or have reasonable probability of being permitted by zoning and deed restrictions on the site in question? Physically possible: What uses are possible based upon the site's physical constraints such as size, shape, area, terrain, soil conditions, topography, and access to utilities? Financially feasible: Which possible and permissible uses will produce a net return to the owner of the site? Maximally productive: Among the feasible uses, which one is most probable and will produce the highest net return and highest present worth? Analysis of highest and best use for a property typically involves analyzing the site as though it were vacant and available for development, as well as analyzing the site as improved and proposed to be improved. In the subject’s case, this analysis focuses on highest and best use as vacant and as improved. As Vacant Concerning legally permissible uses, the subject site is zoned for a wide variety of intensive improvements, including residential, office, hospitality, and retail uses, as well as a mix of these uses. Buyers in the market are purchasing property based on the mixed-use designations available / recommended for similar properties. Surrounding sites to the subject involve a wide mix of uses. Based on its physical attributes, the subject site is well suited for a variety of uses, though portions of the site are not contiguous. Trends in the area involve assemblage of smaller parcels into larger sites in order to maximize the development potential available in the zoning code. Several under-improved sites are located between the subject parcels and are candidates for assemblage and redevelopment. Few new office-focused towers or hospitality focused projects are being developed on similar sites due to feasibility concerns. However, construction of residentially-focused mixed-use projects are occurring in the surrounding area. In-migration to South Florida continues to occur at a rapid clip. And, several new residential-focused mixed-use projects are proposed or being constructed in the area and appear financially feasible and maximally productive, based on a review of construction costs, rents and prices. Some projects require government assistance in order to be feasible. Based on the subject’s specific location, government assistance may not be necessary. Therefore, the highest and best use as vacant is for immediate development of a residentially-focused mixed-use project, involving further assemblage with surrounding parcels. 681 HIGHEST AND BEST USE ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 50 File #23-0744 As Improved Portions of the subject are currently improved with older retail, residential and vacant structures totaling about 6,500 SF in five buildings for an improved ratio of 0.12, which is quite low. The development regulations permit up to a 4.0 FAR. Additionally, capitalizing the existing income stream produces a much lower value than the current land value, as land prices have been increasing. Also, a couple of the subject buildings are leased for the next few years, though the tenants can be required to vacate with 60 days’ notice of the property being sold. The subject’s existing improvements are only useful on an interim basis. The highest and best use as improved is for interim use of the existing improvements and near-term redevelopment of a residentially-focused mixed-use project, involving further assemblage with surrounding parcels. All of the subject parcels are attractive to a single purchaser (a developer) under a single transaction based on their proximity and trends in the market. 682 VALUATION PROCESS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 51 File #23-0744 VALUATION PROCESS The previous sections contain identification and analysis of the area including the neighborhood and local market as well as data and analysis of the subject site as a basis for determining the highest and best use of the property. Estimating market value for property under its highest and best use typically involves analysis of three separate approaches: cost approach, sales comparison approach, and income capitalization approach. The cost approach is based on the principle of substitution that states an informed purchaser will not pay more for a property than the cost of reproducing a property with identical improvements having the same utility. This approach consists of estimating value for the site as vacant, adding direct and indirect costs of construction, deducting an estimate of accrued depreciation, and adding an appropriate entrepreneurial profit. The subject does not consist of any improvements which significantly contribute to overall property value and this approach is not relevant for estimating market value for the subject. The sales comparison approach is also based upon the principle of substitution whereby similar properties within competitive markets will realize similar prices. An informed purchaser would not pay more for the subject property than the cost to acquire another property with the same amenities and utility. Market data are available for estimating market value in this approach. The income capitalization approach is based on the principle of anticipation whereby an investor expects benefits to be derived in the future. In evaluating future benefits, an informed purchaser will analyze income as well as how change affects income-producing characteristics of the property. This approach consists of analyzing a property’s income and deducting appropriate expenses as well as evaluating appropriate capitalization methods. Similar land is typically not leased in the subject’s area. Therefore, the income capitalization approach is not useful in providing credible assignment results. The final step in the valuation process is reconciliation of the value indications into a single final value by analyzing the appropriateness, accuracy and quantity of evidence in each approach. In the subject’s case, only the sale comparison approach is utilized. 683 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 52 File #23-0744 SALES COMPARISON APPROACH The sales comparison approach is a method for estimating the subject’s value by analyzing sales of similar properties. The underlying theory is that a prudent buyer would not buy one property at a price any higher than the cost to acquire a comparable, competitive property. This approach provides a reliable indication of market value when properties are bought and sold regularly. Our search criteria generally consisted of recent sales of similar mixed-use / multifamily development sites ranging in size from one to five acres. A search of the local area for recent transactions of similar properties provided a sufficient number of useful sales, contracts, and listings (comparables). These comparables are summarized within the following chart, are displayed on a following map, and are described in the subsequent detailed descriptions. The comparables are analyzed on the basis of the most relevant unit of comparison which, in this case, is price per SF of land. The comparables have an unadjusted price range of $39.11 to $83.07/SF of land. Comparable listings were also considered in this analysis. SUMMARY OF LAND COMPARABLES Hall Assemblage, 400 Block of NE Federal Hw y, Boynton Beach, Florida (23-0744) SUBJECT COMP 1 COMP 2 COMP 3 COMP 4 COMP 5 COMP 6 ADW Property ID 17178 16969 16296 16294 16629 16059 13145 Property Name Hall Assemblage Boynton Beach Town Square Villages Legacy Highland Park Site 515 South Assemblage Ocean One Site Address 400 Block of NE Federal Hw y 117 NE 1st Ave 410 E Boynton Beach Blvd, etc. 112 S Federal Hwy, etc. 307 NE 5th Ave 515 S Federal Hw y 114 & 222 N Federal Hw y City Boynton Beach Boynton Beach Boynton Beach Boynton Beach Delray Beach Boynton Beach Boynton Beach Sale: Sale Price N/A $47,275,000 $8,907,804 $10,000,000 $1,950,000 $8,900,000 $12,000,000 Sale Status N/A Closed Closed Closed Closed Closed Closed Marketing Period N/A Not listed Not listed Extended 6 months N/A Not listed Date of Sale N/A Apr-23 May-22 Mar-22 Feb-22 Jan-22 Dec-21 Price/SF of Land N/A $113 $71 $83 $156 $57 $79 Price/Acre N/A $4,915,723 $3,088,162 $3,618,573 $6,784,497 $2,492,369 $3,440,535 Site: Property Type Res. Land Res. Land Res. Land Res. Land Res. Land Res. Land Res. Land Site Size Acres 1.24 9.61 2.88 2.76 0.29 3.57 3.49 Site Size SF 53,896 418,921 125,649 120,379 12,520 155,548 151,930 Zoning CBD MU-3 MU-C MU-C CBD C3 MU-C Land Use Plan MXM MXM MXH MXH CC LRC MXH Surface Old Bldgs Parking lot Old bldgs Old bldgs Cleared Clrd/Bldgs Cleared Development: Planned Use N/A Mixed-use Mixed-use Mixed-use Townhomes Mixed-use Mixed-use Planned Units N/A N/A 336 274 5 85 371 Approvals None Yes (seller) Partial Yes (buyer) Partial Yes (buyer) None Density (du/acre) 50 by right 50 by right 116 planned 99 planned 17 planned 23 planned 106 planned 684 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 53 File #23-0744 MAP OF COMPARABLE PROPERTIES 685 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 54 File #23-0744 COMPARABLE 1 Proposed Development Data x Number of Units: 933 Proposed Use: Mixed-use Density: 97.0 Site Data x Site Size: 9.62 acres or 418,921 SF Zoning: MU-3 Land Use Plan: MXM Surface: Parking lot Site Plan Approval: Yes Approvals: Yes (seller) Utilities: To site Site Comments: Several nearby sites. General Data x Property Name: Boynton Beach Town Square Property Type: Land Address: 117 NE 1st Ave, Boynton Beach, Florida 33435 County: Palm Beach Parcel ID: 08-43-45-28-48-002-0010; -0020; -0030; -003-0030; -007-0020 Legal Description: BOYNTON BEACH TOWN SQUARE PAR 2 (LESS NLY 192.07 FT OF ELY 394.50 FT, S 74.14 FT OF N 266.27 FT OF W 10.40 FT & SLY 4 FT OF WLY 108.96 FT OF ELY 181.11 FT); BOYNTON, etc. 686 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 55 File #23-0744 Sale Data x Sale Status: Closed Price: $47,275,000 Price/SF of Land: $112.85 Price/Unit: $50,670 Sale Date: April 2023 O.R. Book-Page: 34247 / 34 Grantor: JKM Developers, LLC Grantee: Time Equities, Inc Property Rights: Fee simple Financing: 91% LTV by Deutsche Bank. Marketing Period: Not listed Prior Transactions: Has not sold in previous three years. Verification Source: Confidential, CoStar & marketing materials, Andrew Sperling, April 2023 (23-0575) Sale Remarks: Seller obtained approvals for 933 apartment units, 15,200 SF of commercial space, and 2,298 parking spaces. Seller was sued by City of Boynton Beach due to not building on-site. Seller paid the city $4.5 million and agreed to sell the assemblage to another builder. Zoning permits 50 units per acre by right. Following the purchase, buyer sold a portion of the site to the city for $2,725,000. 687 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 56 File #23-0744 COMPARABLE 2 Proposed Development Data x Number of Units: 336 Proposed Use: Mixed-use Density: 116.5 Site Data x Site Size: 2.88 acres or 125,649 SF Zoning: MU-C Land Use Plan: MXH Surface: Old bldgs Site Plan Approval: Yes Approvals: Partial Utilities: At site Site Comments: The property consists of 11 adjacent parcels along the southeast corner of E Boynton Beach Blvd and NE 3rd St. General Data x Property Name: Villages Property Type: Land Address: 410 E Boynton Beach Blvd, etc., Boynton Beach, Florida 33435 County: Palm Beach Parcel ID: 08-43-45-28-03-002-0070, etc. Legal Description: BOYNTON TOWN OF LT 8 & LT 9 (LESS E 30 FT) BLK 5 & S 1/2 OF 20 FT ABND PT OF ALLEY LYG N OF & ADJ TO, etc. 688 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 57 File #23-0744 Sale Data x Sale Status: Closed Price: $8,907,804 Price/SF of Land: $70.89 Price/Unit: $26,511 Sale Date: May 2022 O.R. Book-Page: 33540-00195, etc. Grantor: 206 BOYNTON LLC, etc. Grantee: BB North, LLC Property Rights: Fee simple Marketing Period: Not listed Prior Transactions: None in the prior three years Verification Source: News Articles, Confidential, Brent Wells, December 2022 (22-2183) Sale Remarks: Various parcels held by different owners. None of the existing low-rise improvements significantly contribute to overall value. Property was listed privately, but the price is believed to be market driven. Buyer is a local developer, Miami-based Edgewater Capital Investments, which purchased this site along with a site just to the south for a total of $12,000,000. The property had site plan approval in 2017 for a mixed- use project consisting of 371 units and about 16,000 SF of retail space. The developer will reportedly build the first phase of the project on this northern site, which will consist of a few tweaks to the previous design and include 336 units as well as 10,000 SF of retail. Max height is 150' and max density is 80 units per acre. It is still unknown what the buyer's plans are for the southern site. 689 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 58 File #23-0744 COMPARABLE 3 Proposed Development Data x Number of Units: 274 Proposed Use: Mixed-use Density: 99.2 Site Data x Site Size: 2.76 acres or 120,379 SF Zoning: MU-C Land Use Plan: MXH Surface: Old bldgs Site Plan Approval: Yes Approvals: Yes (Buyer) Utilities: At site Site Comments: Property consists of 10 adjacent or nearby parcels along the northeast corner of Federal Hwy and SE 2nd Ave. General Data x Property Name: Legacy Property Type: Land Address: 112 S Federal Hwy, etc., Boynton Beach, Florida 33435 County: Palm Beach Parcel ID: 08-43-45-27-04-000-0050, etc. Legal Description: LAWNS LTS 5 THRU 8 (LESS W 25 FT S FEDERAL HWY R/W), etc. 690 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 59 File #23-0744 Sale Data x Sale Status: Closed Price: $10,000,000 Price/SF of Land: $83.07 Price/Unit: $36,496 Sale Date: March 2022 O.R. Book-Page: 33443-00747, etc. Grantor: 112 South Federal Highway, Inc., etc. Grantee: Boynton Beach Apartments Venture, LLC Property Rights: Fee simple Marketing Period: Extended Prior Transactions: None in the prior three years Verification Source: News Articles, Jim Knight, listing broker, Brent Wells, December 2022 (22-2183) Sale Remarks: Various parcels held by different owners. Property had an extended listing period due to the pervious buyer's time spent seeking approvals. The property was previously under contract with that developer who obtained site plan approval for an 8-story, mixed-use project named Legacy at Boynton Beach, which consisted of 274 units and 12,422 SF of retail space on the ground floor. However, that developer did not move forward with the project. The current buyer is an affiliate of Arizona-based Alliance Residential, one of the largest multifamily builders in the country. Listing broker indicated this developer tweaked the original design, but that it would still consist of 274 units and retail on the ground floor. Listing broker opined the size of the retail space was increased, but was unsure of the total amount to date. Approvals in place. 691 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 60 File #23-0744 COMPARABLE 4 Proposed Development Data x Number of Units: 5 Proposed Use: Townhomes Density: 17.4 Site Data x Site Size: 0.29 acres or 12,520 SF Zoning: CBD Land Use Plan: Commercial Core Surface: Cleared Approvals: Partial Utilities: At site Site Comments: Cleared site. General Data x Property Name: Highland Park Site Property Type: Land Address: 307 NE 5th Ave, Delray Beach, Florida 33483 County: Palm Beach Parcel ID: 12-43-46-16-05-105-0160 Legal Description: Highland Park Delray Lots 16 & 17 692 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 61 File #23-0744 Sale Data x Sale Status: Closed Price: $1,950,000 Price/SF of Land: $155.75 Price/Unit: $390,000 Sale Date: February 2022 O.R. Book-Page: 33320-01724 Grantor: VANKORN LLC Grantee: SIR I DEVELOPMENT LLC Property Rights: Fee simple Marketing Period: 6 months Prior Transactions: Property last sold in July 2019 for $1,200,000. Verification Source: Cameron Sydenham, listing broker, (561) 704-5559, Brent Wells, February 2023 (23-0270) Sale Remarks: Property sold to a developer. Buyer has plans to construct one, 3-story townhome building divided into five units. Broker indicated approvals are likely in the near future. Prior to sale, the seller completed much of the entitlement process with the city, though the project had yet to be fully approved. End unit sale prices are reported to be around $2,500,000 (2,820 AC SF), and about $885/SF. This represents a land to end unit sale price ratio of about 15%. 693 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 62 File #23-0744 COMPARABLE 5 Proposed Development Data x Number of Units: 85 Proposed Use: Multi-family Density: 23.8 Site Data x Site Size: 3.57 acres or 155,548 SF Zoning: C3 Land Use Plan: LRC Surface: Clrd/Bldgs Site Plan Approval: Yes Approvals: Yes (Buyer) Utilities: To site Site Comments: Nine adjacent parcels with frontage along three roads. General Data x Property Name: 515 South Assemblage Property Type: Land Address: 515 S Federal Hwy, Boynton Beach, Florida 33435 County: Palm Beach Parcel ID: 08-43-45-28-07-001-0202; 08-43-45-28-07-001-0201; etc. Legal Description: PENCE SUB NO 1 LTS 20 & 21 (LESS W 58 FT & ELY 18.71 FT US HWY NO 1 R/W) BLK A; etc. 694 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 63 File #23-0744 Sale Data x Sale Status: Closed Price: $8,900,000 Price/SF of Land: $57.22 Price/Unit: $104,706 Sale Date: January 2022 O.R. Book-Page: 33271 / 01173; 33279 / 01242; 33279 / 01248 Grantor: Boynton Beach Group LLC Grantee: 515 South Federal LLC Property Rights: Fee simple Financing: None recorded Marketing Period: N/A Prior Transactions: None in the prior three years. Verification Source: Confidential, Zach Weygandt, October 2022 (22-1865) Sale Remarks: Nine adjacent parcels that were assembled and purchased in three different transactions between January and February 2022 for the total purchase price shown. The CRA's zoning recommendation is MU-M, which allows for 40 to 50 units per acre and a maximum height of 75'. A large portion of the site sold with approvals that will not be utilized. CoStar indicates the site is now approved for development of 85 units, which computes to 23 units per acre and was secured by the buyer. Public records report a closing price of $8.5M, though a rep. of the buyer indicated $400,000 in fees was not allocated. 695 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 64 File #23-0744 COMPARABLE 6 Proposed Development Data x Number of Units: 371 Proposed Use: Multifamily Density: 106.4 Site Data x Site Size: 3.49 acres or 151,930 SF Zoning: Mixed Use Core Land Use Plan: MXH Surface: Cleared Site Plan Approval: No Approvals: None Utilities: To site Site Comments: Entre city block General Data x Property Name: Ocean One Site Property Type: Land Address: 114 & 222 N Federal Hwy, Boynton Beach, Florida 33435 County: Palm Beach Parcel ID: 08-43-45-27-01-000-0410, -02-000-0010 Legal Description: Lengthy in Dewey's Sub & FUNK BROS ADD LT 1 696 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 65 File #23-0744 Sale Data x Sale Status: Closed Price: $12,000,000 Price/SF of Land: $78.98 Price/Unit: $32,345 Sale Date: December 2021 O.R. Book-Page: 33177-00952 Grantor: Ocean ONe Development, LLC Grantee: BB1 Development, LLC Property Rights: Fee simple Financing: N/A Marketing Period: Not listed Prior Transactions: None in previous three years Verification Source: Confidential, News articles, Jonathan Whitney, August 2022 (22-1413) Sale Remarks: Not listed on the open market using traditional means, but reported to be a market-driven sale. A two-phased plan had been partially approved that included 358 multifamily units, 12,075-SF of retail space and 120- key hotel in towers ranging in height between 7 and 16 stories, as well as a sufficient on-site structured parking garage, however the project was determined not to be feasible. The current buyer (Hyperion) does not intend to utilize the existing entitlements. In 2023, after closing on the sale, they secured entitlements for an eight-story project containing 371 units and 25,588 SF of commercial space, and more than 650 parking spaces. Price per unit is $32,345. Zoning permits 80 units per ace (incentives for more) and height up to 150' and a FAR up to 4.0. 697 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 66 File #23-0744 Adjustments are appropriate and necessary based on differences in elements of comparison. The following elements of comparison are characteristics of properties and sale transactions causing variations in prices. The first five elements of comparison are considered transactional adjustments; each of the transactional adjustments is made prior to making further adjustments. The remaining five elements of comparison are referred to as property adjustments and their total net adjustment is applied at the end. 1. Real property rights conveyed 2. Financing terms 3. Conditions of sale 4. Expenditures immediately after purchase 5. Market conditions 6. Location 7. Physical characteristics 8. Economic characteristics 9. Use 10. Non-realty components of sale The comparables are adjusted quantitatively. The percentage adjustment indicates the degree of the appropriate adjustment based on our knowledge of the local market, discussions with market participants and reviewing data. A chart on a following page shows comparison of the comparables with the subject, and contains adjustments as explained in the following items. 1. Real Property Rights Conveyed. No differences are noted. 2. Financing Terms. No differences are noted. 3. Conditions of Sale. No differences are noted. 4. Expenditures Immediately After Purchase. No differences are noted. 5. Market Conditions. Market prices and rental rates have been increasing recently, as discussed in the Market section. The most dated comparables are adjusted upward between 5% and 15% to account for improving market conditions. However, no upward adjustments are made from early 2023 forward due to expected flattening of prices as a result of interest rate increases. 6. Location. Consideration is given to the following factors: net operating incomes, rents, land prices, visibility, traffic counts, and neighborhood demographics, such as household income and home prices. A portion of the subject has frontage along N Federal Hwy and is adjacent to a park. Several adjustments are applied to the downtown Boynton Beach sales between 5% and 20%. The Delray Beach sale is adjusted downward significantly at 30% based on a review of prices. 7. Physical Characteristics. Differences in prices are evident for several considerations. 698 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 67 File #23-0744 Surface: Sites that are cleared and ready for vertical development tend to sell for premiums compared to sites which require costs for demolition of old buildings or costs for clearing of trees. The subject consists of some older buildings similar to a few comparables. Based on this feature, a few comparables are adjusted downward 5%. Site Size: Typically, prices per square foot have an inverse relationship to site size. As site size increases, price per square foot generally decreases, based in part on economies of scale. The comparables are adjusted upward or downward between 5% and 10% based on their sizes. 8. Economic Characteristics. Differences are noted for two considerations. Approvals: Soft costs for project entitlements can be quite costly and buyers tend to allocate value to these approvals. For instance, market participants report spending between 5% and 20% of the price per square foot in securing approvals for development. As the entitlement risk increases, the ratio could be well over this range. A few sales closed after development approvals were secured, thereby reducing entitlement risk. And, premiums are paid for approvals for financially feasible development in this market. The subject does not have site plan approval. As a result, a downward adjustment between 5% and 15% is applied to the sales with fully entitled sites (site plan approval) at sale. An adjustment at the upper end of the range is recognized when the seller obtains these entitlements and then sells the property. An adjustment at the lower end of the range is appropriate when the buyer secures these entitlements. Comparables 2 and 4 had partial approvals and no adjustments appears warranted to these sales. Zoning / Intensity: The subject has a lower density by right then some of the comparables, though the code has incentives which will permit a greater density. Also, the subject is adjacent to higher density land. The recent Live Local Act permits the subject and the comparables to be developed more intensively if there is an affordable housing component. Overall, a couple sales have zoning which permit less intensive development comparatively on their sites at the time of sale; these comparables are adjusted upward. 9. Use. No differences are noted. 10. Non-realty Components of Sale. No differences are noted. The comparables have an adjusted price range of $85 to $119/SF with a mean of $98/SF of land. The sale with the fewest gross adjustments is Comparable 3, which has an adjusted price of $91/SF. Considering the subject is not a contiguous site, a reasonable is below the mean of the adjusted sales, say $95/SF. Our analysis indicates a reasonable value range is $95/SF of land. The subject consists of 53,896 SF, or 1.24 acres. At $95/SF, the corresponding value range for the subject is $5,100,000 (rounded). We also searched the market for comparable listings with similar criteria as the comparable sales. Our search resulted in one nearby listing along N Federal Hwy in Boynton Beach with an asking price around $28,000,000 for about 6 acres. This computes to $105 to $110/SF of land. An appropriate value for the subject is less than this comparable listing. 699 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 68 File #23-0744 Also, the subject property owner has reported a recent LOI (Letter of Intent) and an offer at $8,750,000 and $9,000,000, respectively. These prices are sustainably higher than the recent closed sales. Also, the LOI was missing key items (such as address) and was not signed by the buyer. We were not provided with the offer letter and its associated terms. Overall this activity could not be independently verified. Sometimes developer buyers are willing to pay forward looking prices, representing prices that will close in months or years to come after entitlements have been secured. Overall, our value is well supported but local recent market activity at $5,100,000. We conclude the value of the subject in “as is” condition, via the sales comparison approach, is $5,100,000. ADJUSTMENTS TO LAND COMPARABLES Hall Assemblage, 400 Block of NE Federal Hwy, Boynton Beach, Florida (23-0744) SUBJECT COMP 1 COMP 2 COMP 3 COMP 4 COMP 5 COMP 6 Property Name Hall Assemblage Boynton Beach Town Square Villages Legacy Highland Park Site 515 South Assemblage Ocean One Site Surface Old Bldgs Parking lot Old bldgs Old bldgs Cleared Clrd/Bldgs Cleared Site Size Acres 1.24 9.61 2.88 2.76 0.29 3.57 3.49 Site Size (SF) 53,896 418,921 125,649 120,379 12,520 155,548 151,930 Approvals None Yes (seller) Partial Yes (buyer) Partial Yes (buyer) None Sale Status N/A Closed Closed Closed Closed Closed Closed Sale Date N/A Apr-23 May-22 Mar-22 Feb-22 Jan-22 Dec-21 Unadjusted Price/SF N/A $113 $71 $83 $156 $57 $79 Unadjusted Price/Acre $4,915,723 $3,088,162 $3,618,573 $6,784,497 $2,492,369 $3,440,535 Transactional Adjs: Market Conditions SIMILAR INFERIOR INFERIOR INFERIOR INFERIOR INFERIOR Adjustment 0% 5% 10% 10% 10% 15% Adjusted Price/SF $113 $74 $91 $171 $63 $91 Property Adjs: Location INFERIOR INFERIOR SIMILAR SUPERIOR INFERIOR SUPERIOR Adjustment 15% 15% 0% -30% 20% -5% Surface SUPERIOR SIMILAR SIMILAR SUPERIOR SIMILAR SUPERIOR Adjustment -5% 0% 0% -5% 0% -5% Site Size LARGER LARGER LARGER SMALLER LARGER LARGER Adjustment 10% 5% 5% -10% 10% 10% Approvals SUPERIOR SIMILAR SUPERIOR SIMILAR SUPERIOR SIMILAR Adjustment -15% 0% -5% 0% -5% 0% Zoning / Intensity SIMILAR SIMILAR SIMILAR INFERIOR INFERIOR SIMILAR Adjustment 0% 0% 0% 10% 10% 0% Net Adjustment 5% 20% 0% -35% 35% 0% Adjusted Price/SF $118 $89 $91 $111 $85 $91 Gross Adjustment 45% 25% 20% 65% 55% 35% Density 109.12 116.48 99.15 17.40 23.80 106.37 700 RECONCILIATION AND FINAL VALUE CONCLUSIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 69 File #23-0744 RECONCILIATION AND FINAL VALUE CONCLUSIONS The approaches provided the following value estimations for the subject property. VALUE INDICATIONS Analysis Value Indication $/SF Land Cost N/A N/A Sales Comparison $5,100,000 $95 Income Capitalization N/A N/A Market Value Conclusion $5,100,000 $95 The quality of market data in these approaches is good, and the methods of analysis are appropriate and reasonable. The sales comparison approach includes sale prices above and below the subject’s value on a per square foot basis as well as above and below the subject’s value on an absolute basis. The sales data are good and the value is well supported. All of the subject parcels are attractive to a single purchaser under a single transaction based on their proximity and trends in the market. The likely scenario is that these parcels would then be further assembled with additional surrounding parcels and then redeveloped. A developer is the most probable purchaser and entire weight is given to the sales comparison approach, which is the only relevant approach. After careful and thorough investigation and analysis, we estimate market value for the fee simple interest in the subject real property in its "as is" condition, subject to assumptions and contingent and limiting conditions as well as any extraordinary assumptions and hypothetical conditions, as explained in this report, as of May 24, 2023, is: FIVE MILLION ONE HUNDRED THOUSAND DOLLARS ($5,100,000) 701 NORMAL MARKETING PERIOD AND REASONABLE EXPOSURE TIME ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 70 File #23-0744 NORMAL MARKETING PERIOD AND REASONABLE EXPOSURE TIME Normal marketing period is the most probable amount of time necessary to expose a property, in its entirety, to the open market in order to achieve a sale. Implicit in this definition are the following characteristics. 1. The property will be actively exposed and aggressively marketed to potential purchasers through marketing channels commonly used by sellers of similar type properties. 2. The property will be offered at a price reflecting the most probable markup over market value used by sellers of similar type properties. 3. A sale will be consummated under the terms and conditions of the definition of market value. The Market section has a chart showing median DOMs for similar sales in South Florida have been 12 months or less. Marketing times for a couple of the comparable sales in the sales comparison approach were less than 12 months; the remaining sales were not listed or the marketing times were unavailable. Most current listings with marketing periods exceeding 12 months have listing prices much higher than market prices. Market participants report strong demand for development properties and report marketing periods are currently less than 12 months for similar properties. We conclude a reasonable marketing time for sale of the subject property in its “as is” condition and at a price similar to the estimate of market value is 12 months or less. Exposure time is the amount of time likely to have been experienced for sale of the subject property on the valuation date. We estimate a reasonable exposure time is 12 months or less based on the same market data. 702 ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 71 File #23-0744 PART 3: ADDENDUM ____________________________________________________________________________ CERTIFICATION I certify that, to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest with respect to the parties involved. I have no bias with respect to any property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results, a specific valuation, or the approval of a loan. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the State of Florida. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. Jonathan Whitney and Brent Wells made a personal, visual inspection of the readily accessible areas of the property that is the subject of this appraisal. I, Jonathan Whitney, MAI, the supervisor appraiser of a registered trainee appraiser who contributed to the development or communication of the appraisal, hereby accept full and complete responsibility for any work performed by the registered trainee appraiser named in this report as if it were my own work. 703 CERTIFICATION ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 72 File #23-0744 No one provided significant real property appraisal or appraisal consulting assistance to the person signing this certification. As of the date of this report, we have completed the continuing education program of the State of Florida. As of the date of this report, Jonathan Whitney has completed the continuing education program of the Appraisal Institute. The undersigned has not provided services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period preceding acceptance of this assignment. June 19, 2023 Brent Wells State-registered Trainee Appraiser RI24758 June 19, 2023 Jonathan Whitney, MAI State-certified General Real Estate Appraiser RZ2943 704 CONTINGENT AND LIMITING CONDITIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 73 File #23-0744 CONTINGENT AND LIMITING CONDITIONS This appraisal is subject to the following contingent and limiting conditions: 1. The legal description and maps are assumed to be correct. 2. No responsibility is assumed for matters which are legal in character, nor is any opinion rendered as to title, which is assumed to be good and marketable. Any existing liens or encumbrances have been disregarded, and the property is appraised as free and clear. This appraisal is made, assuming that all public improvements of any kind affecting the property appraised are fully paid for, unless otherwise specifically set forth in the property description. 3. No survey has been made of the property on behalf of the appraisers and no responsibility is assumed in connection with such matters. The sketches contained in this report are for illustrative purposes only and are included to assist the reader to better visualize the property. The information furnished by others is believed to be reliable and no responsibility is assumed for its accuracy. 4. In this report, the distribution of the total valuation between land and improvements applies only under the existing program of utilization. The separate valuations for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. 5. Possession of this report, or a copy thereof, does not carry with it the right of publication, nor may it be used for any purpose by any but the recipient without written consent of the appraiser. 6. The contract for appraisal, consultation, or analytical service is fulfilled and total fee is payable upon completion of the report. The appraisers will not be required to give testimony in court or hearing because of having made the appraisal in full or in part, nor engage in post- appraisal consultation with the client or third parties, except under separate and special arrangement and at additional fee. 7. The appraisers may not divulge material contents of the report, analytical findings or conclusions or give a copy of the report to anyone other than the client or his designee as specified in writing, except as may be required by the Appraisal Institute as it may request in confidence for ethics enforcement or by a court of law of body with the power of subpoena. 8. Liability of Aucamp, Dellenback & Whitney is restricted to the client. Aucamp, Dellenback & Whitney has no accountability or liability to any third party. 9. It is assumed there are no hidden or unapparent conditions of the property, subsoil or structures which make it more or less valuable. The appraiser assumes no responsibility for such conditions or engineering which might be required to cover these facts. No topographical survey was provided. 10. No environmental impact study, special market study or analysis, highest and best use analysis or feasibility study has been requested or made unless otherwise specified in an agreement for services or in the report. The appraiser reserves the unlimited right to alter, amend, revise or rescind any of the statements, findings, opinions, values, estimates or 705 CONTINGENT AND LIMITING CONDITIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 74 File #23-0744 conclusions upon any subsequent such study or analysis or previous study or analysis subsequently becoming known to him. 11. The market value estimated and the cost used are as of the date of the estimate of value. All dollar amounts are based on the purchasing power and price of the dollar as of the date of the value estimate. 12. This appraisal expresses our opinion and employment to make this appraisal was in no way contingent upon reporting a predetermined value or conclusion. The fee for this appraisal or study is for the service rendered and not for time spent on the physical report. 13. The value estimated in this appraisal report is gross without consideration given to any encumbrance, restriction, or question of title unless specifically defined. The estimate of value in the appraisal report is not based in whole or in part upon race, color or national origin of the present owners or occupants of properties in the vicinity of the property appraised. 14. Responsible ownership and competent property management are assumed. 15. It is assumed that there is full compliance with all applicable federal, state and local environmental regulations and laws, unless noncompliance is stated, defined and considered in the appraisal report. 16. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a non-conformity has been stated, defined and considered in the appraisal report. 17. It is assumed that all required licenses, certificates of occupancy and consents or other legislative or administrative authority from any local, state or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 18. It is assumed that the utilization of the land and improvements is within the boundaries of the property lines, that the property described in that there is no encroachment or trespass unless noted in the report. 19. Authentic copies of this report are signed in ink. 20. Unless otherwise stated in this report, the existence of hazardous substances, including without limitation asbestos, polychlorinated biphenyls, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, or other environmental conditions, were not called to the attention of nor did the appraiser become aware of such during the appraiser's inspection. The appraiser has no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraiser, however, is not qualified to test such substances or conditions. If the presence of such substances, such as asbestos, urea formaldehyde foam insulation, or other hazardous substances or environmental conditions may affect the value of the property, the value estimated is predicated on the assumption that there is no such condition on or in the property or in such proximity thereto that it would cause a loss in value. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. 706 CONTINGENT AND LIMITING CONDITIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 75 File #23-0744 21. The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon value of the property. Since the appraisers have no direct evidence relating to this issue, possible noncompliance with the requirements of ADA in estimating the value of the property has not been considered. 22. The report may contain estimates of prospective value for the subject property. Forecasts and prospective values are based upon current market conditions and trends. Aucamp, Dellenback & Whitney cannot be held responsible for unforeseeable events that alter market conditions prior to the prospective dates. 23. Acceptance and/or use of this appraisal report constitutes acceptance of the preceding conditions. 707 HYPOTHETICAL CONDITIONS AND EXTRAORDINARY ASSUMPTIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 76 File #23-0744 HYPOTHETICAL CONDITIONS AND EXTRAORDINARY ASSUMPTIONS Hypothetical Conditions This appraisal is subject to the following hypothetical conditions: None Extraordinary Assumptions The following extraordinary assumption is important for supporting the value conclusion(s) in this report, and value conclusion(s) may be significantly affected without this extraordinary assumption. This appraisal is subject to the following extraordinary assumptions: None 708 DEFINITIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 77 File #23-0744 DEFINITIONS Market Value The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: buyer and seller are typically motivated; both parties are well informed or well advised, and acting in what they consider their own best interests; a reasonable time is allowed for exposure in the open market; payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Source: Interagency Appraisal and Evaluation Guidelines, Federal Register, Volume 75, No. 237, December 10, 2010) Bulk Value The value of multiple units, subdivided plots, or properties in a portfolio as though sold together in a single transaction. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 27) Market Rent The most probable rent that a property should bring in a competitive and open market reflecting the conditions and restrictions of a specified lease agreement, including the rental adjustment and revaluation, permitted uses, use restrictions, expense obligations, term, concessions, renewal and purchase options, and tenant improvements (TI). (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 140) Prospective Opinion of Value A value opinion effective as of a specified future date. The term does not define a type of value. Instead, it identifies a value opinion as being effective at some specific future date. An opinion of value as of a prospective date is frequently sought in connection with projects that are proposed, under construction, or under conversion to a new use, or those that have not yet achieved sellout or a stabilized level of long-term occupancy. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 180) Retrospective Value Opinion A value opinion effective as of a specified historical date. The term retrospective does not define a type of value. Instead, it identifies a value opinion as being effective at some specific prior date. Value as of a historical date is frequently sought in connection with property tax appeals, damage models, lease renegotiation, deficiency judgments, estate tax, and condemnation. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 201) 709 DEFINITIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 78 File #23-0744 Value in Use The value of a property assuming a specific use, which may or may not be the property’s highest and best use on the effective date of the appraisal. Value in use may or may not be equal to market value but is different conceptually. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 245) Market Value of the Going Concern The market value of an established and operating business including the real property, personal property, financial assets, and the intangible assets of the business. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 245) Liquidation Value The most probable price that a specified interest in real property should bring under the following conditions: 1. Consummation of a sale within a short time period. 2. The property is subjected to market conditions prevailing as of the date of valuation. 3. Both the buyer and seller are acting prudently and knowledgeably. 4. The seller is under extreme compulsion to sell. 5. The buyer is typically motivated. 6. Both parties are acting in what they consider to be their best interests. 7. A normal marketing effort is not possible due to the brief exposure time. 8. Payment will be made in cash in U.S. dollars (or the local currency) or in terms of financial arrangements comparable thereto. 9. The price represents the normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 132) Insurable Value A type of value for insurance purposes. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 119) Replacement Cost The estimated cost to construct, at current prices as of a specific date, a substitute for a building or other improvements, using modern materials and current standards, design and layout. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 197) Limited-Market Property A property (or property right) that has relatively few potential buyers. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 131) Special Purpose Property A property with a unique physical design, special construction materials, or a layout that particularly adapts its utility to the use for which it was built; also called a special-design property. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 217) 710 DEFINITIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 79 File #23-0744 Fee Simple Estate Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 90) Leased Fee Interest The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 128) Leasehold Interest The right held by the lessee to use and occupy real estate for a stated term and under the conditions specified in the lease. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 128) Real Property The interests, benefits, and rights inherent in the ownership of real estate. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 188) Personal Property Identifiable tangible objects that are considered by the general public as being “personal” – for example, furnishings, artwork, antiques, gems and jewelry, collectibles, machinery and equipment; all tangible property that is not classified as real estate.. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, pages 170) Intended Use The use or uses of an appraiser’s reported appraisal or appraisal review assignment opinions and conclusions, as identified by the appraiser based on communication with the client at the time of the assignment. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 119) Intended User The client and any other party as identified, by name or type, as users of the appraisal or appraisal review report by the appraiser on the basis of communication with the client at the time of the assignment. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, pages 119) Hypothetical Condition A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. Hypothetical conditions are contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 113) 711 DEFINITIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 80 File #23-0744 Extraordinary Assumption An assumption, directly related to a specific assignment, as of the effective date of the assignment results, which, if found to be false, could alter the appraiser’s opinions or conclusions. Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal, or economic characteristics of the subject property; or about conditions external to the property such as market conditions or trends; or about the integrity of data used in an analysis. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 73) Prudent and Competent Management An owner, operator, or management company that maintains and uses real estate in a manner consistent with the manner in which typical buyers of similar properties would consider appropriate as measured by actual practices in the competitive market. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 180) Arm’s Length Transaction A transaction between unrelated parties who are each acting in his or her own best interest. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 13) Surplus Land Land that is not currently needed to support the existing use but cannot be separated from the property and sold off for another use. Surplus land does not have an independent highest and best use and may or may not contribute to the improved parcel. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 227) Excess Land Land that is not needed to serve or support the existing use. The highest and best use of the excess land may or may not be the same as the highest and best use of the improved parcel. Excess land has the potential to be sold separately and is valued separately. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 80) Entrepreneurial Incentive The amount an entrepreneur expects to receive for his or her contribution to a project. Entrepreneurial incentive may be distinguished from entrepreneurial profit (often called developer’s profit) in that it is the expectation of future profit as opposed to the profit actually earned on a development or improvements. The amount of entrepreneurial incentive required for a project represents the economic reward sufficient to motivate an entrepreneur to accept the risk of the project and to invest the time and money necessary in seeing the project through to completion. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 76) 712 AREA DESCRIPTION AND ANALYSIS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 81 File #23-0744 AREA DESCRIPTION AND ANALYSIS FLORIDA Florida is a major U.S. state as seen in population and employment figures. As of 2022, Florida’s estimated population was 22,114,754 according to the ESRI. Among the 50 states, Florida is ranked as the third most populous state. Florida is forecasted to have an annual growth rate of 0.61% over the next five years. The majority of job growth in the next ten years likely will come in the service industry led by new jobs in business services, health care, and government employment. Manufacturing will continue to be a relatively reduced part of the state’s economy. Florida's geography, climate, and location are important reasons for its population and economic growth. Florida's coastline with 1,197 miles along the Atlantic Ocean and Gulf of Mexico is the longest of any state, except Alaska. Temperature variations are mild, and the southern part of the state has a subtropical climate. Florida is strategically located for access to the Caribbean Islands as well as to South and Central America. SOUTH FLORIDA South Florida is the tri-county region consisting of Miami-Dade, Broward, and Palm Beach and occasionally consists of other surrounding counties. The metropolitan area stretches from south of Miami to north of West Palm Beach, a distance of about 100 miles, and extends 15 to 20 miles west from the Atlantic Ocean. The three counties are the state’s three most populous region with an estimated population of 6,200,000, as of 2022, and comprised almost one-third of the state's population. The South Florida region experienced explosive growth starting in the 1950s when air- conditioned homes made round year living more comfortable. Moving forward, the tri-county region is forecasted to grow at a much slower pace than the past 70 years. Per ESRI, the average growth rate is projected to be under 1.0% during the next five years. Population growth has largely been migration from northern U.S. states and Canada as well as South American countries and Caribbean Islands. Economic growth in South Florida is centered on services and retail trade for tourists, seasonal residents, permanent residents and retirees. Real estate construction has been a strong economic contributor over the past 50 years. South Florida is also known as a major export / import center for trade with South America and as an attractive location for some high-tech industries and financial service firms. Within this region, a primary trend has been northward movement of population from Miami- Dade County into Broward County, and from Broward County into Palm Beach County. This trend accelerated with the dislocation of residents due to Hurricane Andrew in 1992. The movement continues today as residents seek less traffic congestion in comparison to Miami- Dade County. 713 AREA DESCRIPTION AND ANALYSIS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 82 File #23-0744 PALM BEACH COUNTY Palm Beach County is located along Florida's southeast coast on the Atlantic Ocean to the east and Lake Okeechobee to the west. The county is located about 15 miles north of Fort Lauderdale, 40 miles north of Miami, 175 miles south of Orlando, and 270 miles south of Jacksonville. Palm Beach County, with approximately 1,974 square miles of land area, is one of the largest counties in the United States and is the third largest of Florida's 67 counties. Elevation changes range from 0-20 feet with the average elevation at 15 feet above sea level. The terrain is generally sandy and flat with some gently sloping coastal ridges. The county's subtropical climate has an average temperature of 75 degrees Fahrenheit. Winters are mild because of the proximity to the warm Gulf Stream currents of the Atlantic Ocean. Prevailing winds are from the east. Average annual rainfall is 62 inches. Palm Beach County contains 39 incorporated municipalities mostly located east of Florida's Turnpike. County government, mainly located within West Palm Beach, handles the unincorporated areas. Population growth has put constant pressure on government planning and services. Land Use Pattern Palm Beach County has a well-established area of urban development as well as a major nature reserve area and productive agricultural area. The urban corridor stretches along the eastern portion of the county while nature reserve and agricultural areas are located in the middle and western portions of the county. Several small coastal communities in Palm Beach County were initially developed in the early 1900s. These small cities and towns were separated from each other with agricultural land or vacant land. By about the 1980s, the land was developed and the coastal area become one continuous developed urban / suburban corridor. This corridor now represents continuous development from the municipalities of Boca Raton to Tequesta. Most undeveloped land is located to the west of this eastern urban / suburban corridor. Several eastern coastal downtown areas developed between the 1920s and the 1960s, including Boca Raton, Delray Beach, Boynton Beach, Lake Worth, and West Palm Beach, are now experiencing redevelopment and gentrification. The nature reserve area consists of a north-south corridor to the west of the urban corridor. This area consists of the large Loxahatchee National Wildlife Refuge in the south and central portion and several other natural areas in the north portion: Dupuis Reserve State Park, J.W. Corbett Wildlife Management Area, West Palm Beach Catchment Area, and Jonathan Dickinson State Park. The agricultural reserve area in southeast Palm Beach County produces vegetables and ornamental plants while the agricultural area in western Palm Beach County is active in sugarcane production. Belle Glade, Pahokee, and South Bay are the three communities within the western agricultural area. 714 AREA DESCRIPTION AND ANALYSIS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 83 File #23-0744 Population Per ESRI, the county has an estimated population of 1,521,397 in 2022 representing about 7% of the state’s population. Population growth from 2022 to 2027 is projected at 0.34%, which is less than the state’s projected growth rate at 0.61%. The county’s comparatively lower future growth rate reflects the county’s advanced stage of development and diminishing supply of land available for development. Economy Palm Beach County has an employment base comprised mostly of several sectors: Trade, Transportation and Utilities; Professional and Business Services; Education and Health Services; and Leisure and Hospitality. These sectors are geared toward the seasonal and retiree segments that have been large part of the county’s population. Per the Palm Beach County Business Development Board, Palm Beach County’s labor force consists of over 700,000 people. The county’s unemployment rate is similar to that of the State of Florida and the United States, as shown on a chart in the following pages. Housing The Palm Beach County Business Development Board indicates Palm Beach County has a total of 700,000 housing units with a homeowner vacancy rate quite low at less than 3.0%. Per ESRI, the median home price in Palm Beach County is much higher than the state median home price. Services The county has good medical care facilities consisting of 34 hospitals and 1,992 physician offices. A recent trend in local health care is construction of satellite facilities with outpatient services. The School District of Palm Beach County is the 10th largest public school district in the United States. The District reports an annual enrollment of 193,000 students and 22,340 employees. Numerous private schools are also available. Overcrowding is present in some areas. Prominent academic colleges in the county consist of Florida Atlantic University in Boca Raton, Palm Beach State College with four branch campuses, Palm Beach Atlantic University in West Palm Beach, and Lynn University in Boca Raton. The county has many vocational, technical, and charter schools. Public water and sewer utilities are provided throughout the county by either incorporated municipalities, special districts, or by the county. Telephone service is provided by BellSouth and other telecommunication vendors. Standard electric service is generally available from Florida Power and Light. Natural gas is provided by main or delivered as liquefied petroleum gas by Peoples Gas System. Transportation in Palm Beach County consists of Palm Beach International Airport (PBIA), Palm Beach Park Airport, Palm Beach County Glades Airport, North County Airport, Boca Raton Airport, Palm Tran, Port of Palm Beach and Tri-Rail. PBIA is conveniently located to serve the air trade area of Palm Beach County and the four surrounding counties. The 600,000 square foot airport accommodates 28 aircraft gates with expansion potential for 24 gates. The airport reports a passenger count of 6.5 million in the recent years, which is an increase year-over- year. The Boca Raton Airport, the Palm Beach Park Airport and the North County Airport are general aviation airports serving private and corporate airplanes. 715 AREA DESCRIPTION AND ANALYSIS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 84 File #23-0744 Palm Tran is a public bus service in Palm Beach County. Palm Tran has been in service since 1971, runs seven days a week serving more than 3,200 bus stops with 150 buses in Palm Beach County. It has a ridership of over 10 million passengers a year. Tri-Rail is also a means of public transportation in Palm Beach County. Formed in 1987, this light-rail system extends roughly 72 miles and runs parallel to Interstate 95 from West Palm Beach to Miami serving 18 stations. Ridership exceeded 4.2 million passengers in 2016. Brightline is a recently constructed privately-held high-speed rail service serving Miami, Fort Lauderdale and West Palm Beach. Future expansion involves service to Orlando and other Florida cities. Port of Palm Beach is one of the busiest container ports in Florida with over 2,500,000 tons of cargo shipped annually. The port also services over 500,000 cruise passengers. Trends Palm Beach County has well established urban and agricultural areas. Economic soundness is supported with a higher than average income, expanding employment centers, a wide range of commercial and public services and facilities, and many recreational opportunities. The county is poised for further growth. Future trends show modest population growth and a favorable outlook for Palm Beach County's economy. Population trends indicate further migration to the county will continue, and jobs will continue to increase and fuel economic growth in the county. Problems typically associated with growth will continue to challenge Palm Beach County. The major challenges are schools, transportation and utilities to meet the needs of a growing population. 716 AREA DESCRIPTION AND ANALYSIS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 85 File #23-0744 717 APPRAISER QUALIFICATIONS AND LICENSE ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 86 File #23-0744 APPRAISER QUALIFICATIONS AND LICENSE QUALIFICATIONS OF JONATHAN D. WHITNEY, MAI State-certified General Real Estate Appraiser, RZ2943 Professional Experience Aucamp, Dellenback & Whitney, Boca Raton, FL, 2003 - Present Real Estate Appraisers & Consultants Principal, 2016 - Present Commercial Real Estate Appraiser, 2003 - Present Jonathan Whitney has 20 years of experience in valuing commercial real estate in the greater South Florida market. He heads the team of eight commercial real estate appraisers for independent Aucamp, Dellenback & Whitney (ADW), and values all major real property types: industrial, office, retail, and multifamily. Valuation assignments also include vacant development sites, residential subdivisions / condominiums, mixed-use buildings, and special-purpose properties. His partner, David Aucamp, SRA, heads the residential side of their firm with a separate team of seven residential appraisers. Clients are mostly bank lenders, but also include investors, institutions, property owners, developers, brokers, attorneys, CPAs, municipalities, and associations. Real estate appraisal and consulting assignments involve estimating market value and-or market rent, and providing expert witness testimony. Valuation assignments range between relatively straight forward assignments to multiple-phased projects with complex cash flow considerations. Education Master in Arts in Business, University of Florida, 2000 Bachelor of Science in Economics, University of Florida, 1999 Boca Raton Community High School, 1995 JONATHAN D. WHITNEY, MAI Aucamp, Dellenback & Whitney 1900 NW Corporate Blvd, Suite 215E Boca Raton, FL 33431 jon@adw-appraisers.com 561-609-2884 718 APPRAISER QUALIFICATIONS AND LICENSE ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 87 File #23-0744 Activities and Affiliations Florida State-certified General Real Estate Appraiser, RZ 2943, 2006 - Present Florida State-registered Associate Appraiser, RI 11475, 2003 - 2006 Appraisal Institute Designated Member (MAI), 2013 - Present Board of Directors, South Florida Chapter, 2018 - 2020 Associate Member, 2004 - 2013 Planning and Zoning Board, City of Boca Raton Secretary, 2021 - Present Member, 2019 - Present Zoning Board of Adjustment, City of Boca Raton Vice Chair, 2017 - 2018 Member, 2013 - 2018 Urban Land Institute (ULI) Associate Member, 2019 - Present Commercial Real Estate Development Association (NAIOP) Member, 2019 - Present Boca Raton Federation of Homeowners Executive Board Member, 2018 - 2019 Boca Raton Chamber of Commerce Member (ADW), 1990s - Present Leadership Boca, Class of 2016 National Association of Divorce Professionals (NADP) Member, 2017 - 2019 Boca Raton Downtown Rotary Club Member, 2016 - Present Fund Board Member, 2020 - Present Mayors Ball Honorary Co-Chair, 2022 Mayors Ball Co-Chair, 2021 Mayors Ball Committee Member, 2016 - 2020 Spanish River Church and Christian School Member, Spanish River Church, 2011 - Present School Board Member, Spanish River Christian School, 2022 - Present Elder, Spanish River Church, 2017 - 2021 719 APPRAISER QUALIFICATIONS AND LICENSE ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 88 File #23-0744 Recent Appraisal Institute Courses (sampling of recent courses) USPAP (Uniform Standards of Professional Appraisal Practice) Update, 2022 - 2023 Florida State Law for Real Estate Appraisers, 2022 Supervisory Appraiser / Trainee Appraiser Course, 2022 Appraisal of Fast Food Restaurants, 2022 Business Practice & Ethics, 2018 Appraising Automobile Dealership, 2018 Technology Tips for Real Estate Appraisers, 2018 Advanced Applications, 2009 Advanced Income Capitalization, 2009 Advanced Sales Comparison and Cost Approaches, 2008 Report Writing and Valuation Analysis, 2008 Office Building Valuation: A Contemporary Perspective, 2007 720 APPRAISER QUALIFICATIONS AND LICENSE ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 89 File #23-0744 721 APPRAISER QUALIFICATIONS AND LICENSE ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 90 File #23-0744 APPRAISAL QUALIFICATIONS OF BRENT WELLS State-registered Real Estate Trainee Appraiser RI24758 Professional Experience State-registered Trainee Appraiser RI24758 Work Experience February 2012 – August 2015 Staff Writer, BH Media Group, Lynchburg, VA October 2015 – December 2017 Marketing Communications Specialist, Makewells, Inc., Boca Raton, FL January 2018 – July 2019 Marketing Content Manager, Denison Yachting, Ft. Lauderdale, FL August 2019 – Present Staff Commercial Trainee Appraiser, Aucamp, Dellenback & Whitney, Boca Raton, FL Education Florida International University - FL Bachelor of Science, Mass Communications, Multi-Media Journalism Appraisal Courses (sampling of recent courses): Basic Appraisal Principles and Procedures, 2019 State of Florida Law and Appraisers, 2019 The Uniform Standards of Professional Appraisal Practice (USPAP), 2019 Florida Real Estate Appraisal Laws and Rules, 2020 2020-2021 National USPAP Course Mortgages, Appraisers, and Foreclosures, 2020 Appraiser’s Guide to Expert Witness, 2020 Commercial Land Valuation, 2022 Introduction to Expert Witness Testimony for Appraisers: To Do or Not to Do, 2022 Bifurcated and Hybrid Appraisals: A Practical Approach, 2022 That's a Violation and Appraising for the VA, 2022 Florida Appraisal Laws and Regulations Update, 2022 2022-2023 National USPAP Update Course Brent Wells Aucamp, Dellenback & Whitney 1900 NW Corporate Blvd, Suite 215E Boca Raton, FL 33431 brent@adw-appraisers.com 561-609-2886 722 APPRAISER QUALIFICATIONS AND LICENSE ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 91 File #23-0744 723 Proposal to the Boynton Beach CRA Boynton Beach is now growing at a rapid pace. I have acquired 7 contfguous parcels over the years with the intentfon of developing them one day. As we all know, life happens, and plans change. The following propertfes are in the center of Boynton Beach, with great potentfal to benefit and better serve the community with the right vision and proper development. After reviewing the plans for the future of Boynton, I think these parcels are a crucial piece to the beautfficatfon of the downtown area. Therefore, I respectiully submit the following proposal. Sale and Purchase of the following 7 parcels located within the CRA’s boundaries. All parcels are owned by James Hall II personally or through a holding vessel he owns in its entfrety. Subject: Sale and Purchase of the following seven contfguous propertfes. The subject propertfes are held by entftfes owned 100% James Hall II. All parcels will be delivered vacant. -417 N Federal Highway -445 N Federal Highway -521 N Federal Highway -522 NE 5th Avenue -520 NE 5th Avenue -522 NE 4th Street -511 NE 4th Street Price: Base $6,247,500.00 Terms: Cash at closing or payable over two years with proposed financing optfon. Ernest Money Deposits: Buyer shall deliver to seller’s agent $300,000.00 within five days of contract executfon and an additfonal $100,000.00 five days after acceptance and waiver of feasibility period and contfngency. Financing offer: $2,847,500 due upon closing February – March 2024, within 30 days, Plus the tendered deposits. $3,000,000 will be due upon deliverance of remaining parcels in 2025. According to Palm Beach County Property Appraiser, Dorthy Jacks, (cited enclosed) commercial property increased by 13.4% in 2022 and 13.96% in 2023. Since we are taking on the risk not only of inflatfonary pressures to the value of the dollar, but also foregoing further appreciatfon in the strong Palm Beach County commercial Market. We are willing to split the difference by only requiring 7% holding fee for one year. This is attractfve by any measure as interest rates on commercial property are in excess of 8% ,the appreciatfon has been well in the double digits for the past few years and inflatfon is running (currently) in the high 3% range. 724 With this in mind. we are proposing holding approximately half of the propertfes for a period of one year under the following terms: $210,000.00 payable over 4 quarters in the amount of $52,500 per quarter. 2024 taxes will be borne by the CRA for all subject propertfes. As well as any and all city liens. I would be willing to work with the CRA on the division of these propertfes. This proposal is valid untfl Dec 31st, 2023. The seven propertfes were appraised for $5,100,000.00 in June 2023 by Aucamp, Dellenback & Whitney. Although we respect the appraisal figure, we believe due to its locatfon and importance to the downtown area of Boynton Beach it is conservatfve. Also please note, that per cited quotes from Dorthy Jacks, (encl) the value has probably risen more than 7% since the appraisal was done. The following proposal is EXCLUSIVELY OFFERED TO THE CRA OF BOYNTON BEACH. The price does not reflect individual prices for each property. Submitted Respectiully by, James Hall II 11/20/2023 725 726 727 728 729 730 731 732 733 734 81 Downtown District Introduction Planning Challenges Planning Considerations The Vision Recommendations 735 82D.District PlansIntroduction The Downtown District has been included in several planning efforts including the Federal Highway Corridor Plan, the Downtown Vision and Master Plan, and the original CRA plan adopted in 1984. It has long been the desire of the City to reinvigorate the historic center of Boynton Beach. Some progress has been made toward this goal with the development of the Casa Costa, Marina Village condominiums, and the soon to be completed 500 Ocean mixed-use development. The CRA has invested in the redevelopment of the Boynton Harbor Marina to create a tourism destination, preserve a working waterfront and support the boating community. The Agency planned and constructed the Boynton Beach Promenade that extends from Federal Highway to the Intracoastal Waterway; the Promenade also connects to the City’s Mangrove Walk Park and the Marina. The Downtown District is bound to the north by N.E. 7th Avenue, to the south by S.E. 12th Avenue, to the east by Federal Highway and the Intracoastal Waterway, and to the west by the FEC Railway. The District connects via Federal Highway and S.E. 4th Street to the secondary development node at Woolbright and Federal Highway. Downtown Boynton Beach is easily accessed via I-95 and Boynton Beach Boulevard: the distance from I-95 to Federal Highway is less than one mile. The City’s beach at Oceanfront Park is only 1.7 miles from I-95 or, for residents of one of the new downtown developments, a quick walk over the Ocean Avenue Bridge. The Tri-Rail Coastal Link commuter rail station is planned for the downtown at N.E. 4th Street between Ocean Avenue and Boynton Beach Boulevard. This led the City to adopt the Downtown Transit Oriented Development District, allowing for a 25% density bonus within ½ mile of the future station. N Ocean Ave Boynton Beach Blvd.SE 4th StFederal HwySE 12th Ave NE 6th Ave SE 8th AveFEC RailroadFigure 40: Downtown District Location Map 736 83 Planning Challenges Unlike Delray Beach or West Palm Beach, Boynton Beach historically has only had a very small downtown area. It extended from just east of Federal Highway to west of Federal Highway at Ocean Avenue. There have been very few commercial buildings that could be repurposed into restaurants and stores as Delray Beach has done. Consequently, the first CRA Plan adopted in 1984 concentrated on the downtown area (smaller than proposed in this plan) as a redevelopment priority. Some of the planning challenges are: • Lack of developable parcels – assemblage is required • Property owners have unrealistic expectations of the value of their property • Not pedestrian friendly • No shade trees • No public parking areas and little on-street parking • Lack of wayfinding signage • No design theme to create an identity • Limited space on Ocean Avenue to locate retail and restaurant uses Planning Considerations Several factors were considered in determining the land use designations for the Downtown District. First, the downtown will be the future site of the station for the planned Tri-Rail Coastal Link commuter service on the FEC Rail line, which will serve the South Florida metropolitan region. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a ½ mile radius around the station’s location. The DTOD district regulations support increased intensity of development through a 25% density bonus. A second consideration is that the Downtown District is entirely enclosed within the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of I-95, exempts all development from the Palm Beach County traffic concurrency thus allowing denser development. The existence of both of these transportation- oriented designations is a factor in considering where increased height and density will occur within the CRA district. The Downtown District’s location in the center of both the DTODD and the TCEA supports the highest density and height within this district. Figure 41: Example of District Planning Challenges 737 84D.District Plans738 85 Vision Downtown Boynton Beach will be where people live, work and play in an environment that provides bikeable and walkable access to the beach, restaurants, transit, parks and cultural experiences. There will be areas to gather and socialize. Entrepreneurs will open new restaurants and businesses creating financial benefits to the local economy. Attractive new buildings will provide housing for people of all ages and incomes, and accommodate new shops and restaurants. Recommendations: Streetscape Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Create a Complete Street design for Federal Highway including the addition of: • On-street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8’ wide clear sidewalk • Minimum 8’ wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles • Active uses along the first floor of development • Canopy trees that provide immediate shading at time of construction • Bus shelters with unique design for the downtown district • Underground overhead utilities • Public art in key locations • Additional pedestrian crossings where needed • A greenway along SE 4th Street and Ocean Avenue connecting Pence Park and the Marina, per the Connectivity Plan • An eco-trail connecting the pedestrian zone to Mangrove Park, per the Connectivity Plan. 739 86D.District PlansRecommendations: Land Use To attract new residents and businesses, the area must present a unified vision for the future. Therefore, it is recommended that the changes to the Future Land Use map be made using the new future land use/ zoning structure as shown: Table 5: Recommended Future Land Use (FLU) Classifications within the Downtown District Figure 42: Cultural District Example Projects * *Properties located within the TOD may recieve a 25% density bonus 740 87 HDR GC I REC MU-M MU-H N Ocean Ave Boynton Beach Blvd.SE 4th StSE 12th Ave SE 8th Ave SE 6th Ave Federal HwyNE 6th Ave FEC RailroadFigure 43: Recommended Land Use for the Downtown District 741 88D.District PlansRecommendations: Urban Design In order to promote an active and walkable built environment in the Downtown District, the following recommendations apply: • Active commercial uses shall be required on the street frontage of Ocean Ave. Automobile oriented uses, such as gas stations, car washes, and drive-thrus, are prohibited. • The build-to line shall accommodate a ten foot sidewalk, mature shade trees (at install), street lights and street furniture • Buildings fronting Federal Highway, Boynton Beach Boulevard and S.E. 4th Street shall have a 60-90% window to wall ratio on the first floor. • Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zone • Buildings fronting Boynton Beach Boulevard or Federal Highway shall have a minimum height of 30’ • Buildings fronting Boynton Beach Boulevard and/or Federal Highway shall be a maximum of 45’ in height, any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10’ deep. • Parking shall be located to the rear or side of the property. • Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton beach Blvd or Federal Highway. • All buildings along Federal Highway must have pedestrian access from the right-of-way/ sidewalks. • The main pedestrian entry, or front door, must be fronting Federal Highway. • Where mixed use development is proposed adjacent residential areas, the residential areas shall be protected through the residential compatibility standards and the use of landscape buffers and/ or walls as appropriate. Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. Figure 44: SE 4th St. Example Mixed Use Medium Project A 742 89 Figure 45: SE 4th St. Design Diagram 743 90D.District PlansFigure 46: Example of Mixed Use High Project in the Downtown District B 744 91 Figure 47: Downtown District Master Plan B N A Federal Hwy.Boynton Beach Blvd 745 92D.District Plans746 Street #Property Address Structure or Lot?Legal Date Acquired Purchase Price Lot Size Acres Square Feet Price per Sq. Ft. Assemblage Total Square Feet Assemblage Total Price per Sq. Ft. Demolition Costs THE PIERCE ASSEMBLAGE Parking Lot part of Church Purchase-115 N. Fed. Hwy.0.3578 Structure demo'd w/ SWA grant and temporary parking placed on lot 0.9376 511 Commercial Retail Blvd. - 7720 sq ft Lot 10 & W 7'8" of Lot 11, Blk 6, Town of Boynton 0.1545 515 Commercial Retail Blvd. - 4101 sq ft Lot 11 less W 7'8" Blk 6 Town of Boynton 0.1134 529 Commercial Retail Blvd. - 5644 sq ft Lot 12, Blk 6 Town of Boynton 0.1431 508 E. Boynton Beach Blvd. Bradley Miller Commercial Retail Bldg. - 1925 sq ft Lots 6 & 7, Block 1, Original Town of Boynton October-21 $915,000.00 0.2863 12471.228 $73.37 NE 1st Stree & Avenue 4th Street Parking Lot Lots 8 & 9 July-01 $90,000.00 0.2863 12471.228 $7.22 USPS PURCHASE 209 N. Seacrest Blvd. Commercial Rental Property (City Water Dept. & E2L offices for Town square project) Lots 23, 24, 25, 26 and 27 and S 7' of Lot 22, Block 4, Boynton Heights October-20 $1,400,000.00 0.2885 12567.06 $111.40 217 N. Seacrest Blvd.USPS Facility Lots 9, 10, 11 & 12, Block 4, Boynton Heights Addition to Town of Boynton Beach February-23 $1,600,000.00 0.9065 39487.14 $40.52 401 Commercial Retail Bldg. - 2062 sq ft Lot 6, Less S 17.6 Ft SR 804/Arden Park Addition 0.1091 407 Vacant Lot W 46.85 ft of Lot 5/Less S17.6 ft SR 804/Arden Park Addition 0.1284 411 Vacant Lot -Commercial Retail Bldg. - 3334 sq ft - Structure demo'd Lt 4 & E 3.15 ft of Lot 5/Less S 17.6 Ft SR 804/Arden Park 0.1457 Lot 177 NW 2nd Street Vacant Lot S 25' of Lot 177, Block A, Boynton Hills $35,000.00 0.0574 2500.344 $14.00 2500.344 $14.00 N/A 219 W. Boynton Beach Blvd.Vacant Lot Lot 112 and E 25' of Lot 113, Block A, Boynton Hills 0.1725 7514.1 225 W. Boynton Beach Blvd.Vacant Lot W 25' of Lot 113 and all of Lots 114, 115, Block A, Boynton Hills 0.3183 13865.148 212 NW 3rd Court Vacant Lot Lots 118 & 119, Block A, Boynton Hills 0.2924 12736.944 222 NW 3rd Court Vacant Lot Lots 116 & 117, Block A, Boynton Hills 0.2732 11900.592 $76.61 MATT GRACEY PROPERTIES - W. BOYNTON BEACH BLVD. ASSEMBLAGE $2,185,000.00 $47.48 46016.784 $47.48 N/AMarch-23 $35,828.75 $45,804.00 52054.2 $57.63 E. BOYNTON BEACH BLVD. ASSEMBLAGE (ABC RENTAL PROPERTIES) 16692.192 $54.94E. Boynton Beach Blvd. ABC Rentals February-21 $917,000.00 16692.192 $54.94 $85,720.00 BOYNTON BEACH CRA PROPERTY PURCHASES Last 5 yrs. Price Per Sq. Ft. E. Ocean Avenue Oyer December-21 $3,600,000.00 17903.16 $201.08 115 $53.17N Federal Highway Church Lots 1, 2, 3, 4, 5, 6 and 7 Block 6, Original Town of Boynton May-18 $3,000,000.00 56427.624 99273.24 W. BOYNTON BEACH BLVD. ASSEMBLAGE (BOCA REGIONAL HOSPITAL) 747 433 W. Boynton Beach Blvd.Vacant Lot Lots 83-86 Ridgewood Hills Under Contract $1,200,000.00 0.5672 24707.232 $48.57 24707.232 $48.57 N/A Street #Property Address Structure or Lot?Legal Date Acquired Asking Price Lot Size Acres Square Feet Price per Sq. Ft. Assemblage Total Square Feet Assemblage Total Price per Sq. Ft. Demolition Costs 417, 445, 511, 520, 521, 522 N. Federal Highway Structures/Businesses $6,247,500.00 1.24 54014.4 $115.66 417, 445, 511, 520, 521, 522 N. Federal Highway Structures/Businesses Appraised Value 6/19/23 $5,100,000.00 1.24 54014.4 $94.42 Street #Property Address Structure or Lot/Appraisal Legal Date Acquired Asking Price Lot Size Acres Square Feet Price per Sq. Ft. Assemblage Total Square Feet Assemblage Total Price per Sq. Ft. 1111 S Federal Highway Lot Lots 12, 13 Parker Estates $895,000.00 0.35 15246 $58.70 Street #Property Address Structure or Lot/Appraisal Legal Date Acquired Sale Price Lot Size Acres Square Feet Price per Sq. Ft. 507-513 NE 2nd Street - Hen Duplexes 507 & 513 NE 2nd Street 3 Structures - Duplexes Appraisal Price $1,055,000.00 Lots 58, 60, 62, 64, 66, 68, 70, 72, C.W. Copp's Add N/A $3,000,000.00 0.6073 26453.988 $113.40 112-216 NE 1st Avenue & NE 1st Street - Fitzpatrick Apartments 112-216 NE 1st & 1st 6 Structures - Apartments Appraisal Price $1,809,000.00 Green Acres Condominium N/A $3,000,000.00 0.6497 28300.932 $106.00 PREVIOUS PROPERTY OFFERINGS TO BOYNTON BEACH CRA BOYNTON BEACH, LLC November 2023 CURRENT LISTINGS ON FEDERAL HIGHWAY SUBJECT PROPERTIES FOR BOYNTON BEACH CRA PURCHASE Hall Properties 748 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 12, 2023 CRA PROJECTS IN PROGRESS AGENDA ITEM 15.A SUBJECT: 2023 Holiday Boat Parade Recap SUMMARY: On Friday, December 8, 2023, the Boynton Beach CRA, in conjunction with the Town of Hypoluxo, the Town of Lantana, and the City of Delray Beach hosted the 51st Annual Boynton Beach Holiday Boat Parade. EVENT RECAP The parade started at 6:30 PM traveling south from the Ocean Avenue bridge in Lantana to the C-15 canal in Delray Beach. The parade featured more than 30 festively decorated vessels. The Boynton Harbor Marina served as the official viewing location for the Holiday Boat Parade and featured live music from the band Spider Cherry, children's activities, and a visit from Santa Claus. The event also featured three BBCRA area businesses - Common Grounds Coffee, ArtSea Living, and Scheurer's Chocolates The event provided a spotlight for both waterfront restaurants located at the Boynton Harbor Marina, Two Georges Waterfront Grille and Banana Boat, as well as Prime Catch. Tiki Taxi & Cruises sold tickets to their vessel allowing community members and visitors to participate in the festivities. The winners of the parade will be announced at the Holiday Boat Parade Award's Dinner, which is scheduled to take place at Del Fuego on January 10, 2024. Promotional banners were displayed at the event to disseminate information about BBCRA redevelopment projects. MARKETING RECAP 749 Atlantic Current - One (1) full page ad was published in the Atlantic Current magazine to recruit captains to participate in the boat parade (see Exhibit A). Cost: $800 Coastal Angler - Two (2) quarter-page ads were published in the Coastal Angler magazine to promote the event and recruit captains to participate in the festivities. The Coastal Angler magazine is a source for anglers, boaters, and conservationists and is the second largest free outdoor publication in the nation with 40,000 circulations per month in Palm Beach, Broward, Dade, and Monroe counties (see Exhibit B). Cost: $450 Coastal Star - Two (2) quarter-page ads were in the Coastal Star to promote the event. The Coastal Star newspaper serves the eastern community of Hypoluxo Island, South Palm Beach, Manalapan, Ocean Ridge, Briny Breezes, Gulf Stream and coastal Delray which reaches out to that specific demographic (see Exhibit C). Cost: $1,050 Gateway Gazette - One (1) quarter-page ad was published in the Gateway Gazette to promote the event. The Gateway Gazette is a community publication that shares comprehensive neighborhood news, related to city government, business and real estate, sports, and events (see Exhibit D). Cost: $381 Florida Sports Fishing - One (1) quarter-page ad was published in the Florida Sports Fishing magazine to recruit captains to participate in the boat parade (see Exhibit E). Cost: $737 Funfare - One (1) full page ad was published in the Funfare magazine to recruit captains to participate in the boat parade (see Exhibit F). Cost: $0 Neighborhood News - Two (2) quarter-page ads were featured in the Neighborhood News to promote the event and recruit captains to participate in the festivities. The Neighborhood News publication is a great way to reach out to the western Boynton Beach communities. The publication is mailed to 17,500 homes/clubhouses, with over 10,000 additional subscribers that read the digital edition online and on Facebook (see Exhibit G). Cost: $900 Posters - A promotional poster was created and distributed to various locations throughout Boynton Beach, including City of Boynton Beach facilities and local businesses. The poster was always shared with the City of Delray Beach, Town of Lantana, and Town of Hypoluxo for additional promotion throughout those areas (see Exhibit H). Cost: $188 Social Media - The Boynton Beach CRA social media platforms were utilized to promote a variety of paid and organic social media marketing initiatives. Various posts were created to promote the event and to recruit captains to participate in the festivities (see Exhibit I). Cost: $1,000 Street Signs - Seven (7) custom street signs were designed and installed at various locations throughout Boynton Beach to promote the event (see Exhibit J). Cost: $1,160 Billboard - A billboard was placed for viewing on Interstate 95 (see Exhibit K). Cost: $0 750 •Exhibits A - K FISCAL IMPACT: FY 2023-2024 Budget, Project Fund, Line Item 02-58500-480 $25,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required at this time unless otherwise determined by the CRA Board. ATTACHMENTS: Description 751 Exhibit A –Atlantic Current 752 Exhibit B – Coastal Angler 753 Exhibit B – Coastal Angler 754 Exhibit C – Coastal Star 755 Exhibit C – Coastal Star 756 Exhibit D – Gateway Gazette 757 Exhibit E – Florida Sports Fishing 758 Exhibit F – Funfare 759 Exhibit G – Neighborhood News 760 Exhibit G – Neighborhood News 761 Exhibit H – Posters 762 Exhibit I – Social Media 763 Exhibit I – Social Media 764 Exhibit J – Street Signs 765 Exhibit K – Billboard 766 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 12, 2023 CRA PROJECTS IN PROGRESS AGENDA ITEM 15.B SUBJECT: Social Media & Print Marketing Update SUMMARY: Throughout the month of November, a variety of social media and print marketing efforts were made to promote various BBCRA initiatives and projects, as well as, a variety of local businesses that operate within the BBCRA area. Additionally, posts were shared to cross promote City events and initiatives, and to encourage residents to shop local during #SmallBusinessSaturday. Social Media BBCRA Project Posts: Promoted the Heart of Boynton Village & Shops. BBCRA Event Posts : Promoted the Holiday Boat Parade and shared photos that were captured during Pirate Fest. Business Promotional Posts : Utilized Facebook and Instagram feed and stories to promote a variety of businesses, such as: Bond Street Ale and Coffee, Fly & Flow Fitness, Fran's Sew and Sew, Nicholson Muir, Prime Catch. Cross Promotions : Promoted the Holiday Pop-Up Shop, the grand opening of the Jaycee Dog Park, and the NOP's Job Fair. Print Marketing Atlantic Current Coastal Angler Coastal Star Florida Sport Fishing Neighborhood News See Attachment I for an overview of the social media and print marketing that were published in November and Attachment II for a full listing of the Facebook and Instagram posts that were shared. 767 •Attachment I - November Marketing & Social Media Overview •Attachment II - December Facebook & Instagram Posts FISCAL IMPACT: FY 2022-2023 Budget, Project Fund Line Item 02-58500-480 - $2,737 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required at this time unless otherwise determined by the CRA Board. ATTACHMENTS: Description 768 SOCIAL MEDIA & PRINT MARKETING OVERVIEW 769 SOCIAL MEDIA –PROJECT POSTS 770 SOCIAL MEDIA –EVENT POSTS 771 SOCIAL MEDIA -BUSINESS POSTS 772 SOCIAL MEDIA -BUSINESS POSTS 773 SOCIAL MEDIA –CROSS PROMOTION 774 PRINT MARKETING •ATLANTIC CURRENT •COASTAL STAR •COASTAL ANGLER •NEIGHBORHOOD NEWS 775 PRINT MARKETING –FLORIDA SPORTS FISHING 776 November Facebook & Instagram Posts 777 November Facebook & Instagram Posts 778 November Facebook & Instagram Posts 779 November Facebook & Instagram Posts 780 November Facebook & Instagram Posts 781 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 12, 2023 CRA PROJECTS IN PROGRESS AGENDA ITEM 15.C SUBJECT: CRA Economic & Business Development Grant Program Update SUMMARY: The CRA's reimbursable Economic Development Grants provide 50% of the project costs in matching funding for rent and commercial property improvements. The grant programs continue to further the CRA's mission to activate vacant commercial space, assist businesses, create jobs and develop a vibrant downtown. Grant guidelines and applications can be downloaded from the CRA website www.boyntonbeachcra.com. Below is a status report of the CRA's Economic Development Grant Programs and Business Development activities for FY 2023-2024: FY 2023-2024 Budget $600,000 Grants Awarded Since October 10, 2023 ($159,185) Remaining Fund Balance as of 12/5/23: $440,815 List of CRA Board approved Economic Development Program Grantees since October 10, 2023: FY2023-2024 CRA Economic Development Grant Recipients Business Name Business Address Business Type Grant Funds Approved Total Funds Disbursed Year-to- Date 782 Squeeze and Drip Boynton Beach LLC d/b/a The Seed 1600 N. Federal Highway, Unit 14-15 Bakery and Coffee Shop Rent Reimbursement $24,000 $4,000 Trilogy Fitness & MMA LLC 1550 N. Federal Highway, Unit 4-10 Fitness Center Rent Reimbursement $21,000 $0 Nate & Maddie LLC d/b/a ROK Prime Korean BBQ 1729 S. Federal Highway Restaurant Rent Reimbursement Property Improvement $74,000 $0 Stoic Financial LLC 1200 S. Federal Highway, Suite 201 Professional Office Rent Reimbursement $18,000 $0 Pending December 12, 2023 Bi-Square Inc. 1080 S. Federal Highway Commercial Building Property Improvement $22,185 $0 New Business Tax Receipts issued in November 2023 within the CRA boundaries: Business Name Business Address Business Type Dimensional Health Care LLC 458 N Federal Hwy Health Services P The Esthetician LLC 408 E Ocean Ave Health Services Boss Empire Tax Services 2755 S Federal Hwy Income Tax Services FISCAL IMPACT: FY 2023-2024 Budget, Project Fund, Line Item 02-58400-444, $600,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required at this time unless otherwise determined by the CRA Board. 783 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: December 12, 2023 CRA PROJECTS IN PROGRESS AGENDA ITEM 15.D SUBJECT: MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update - December 2023 SUMMARY: The MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project will provide 124 affordable multi-family rental units, as well as, 8,250 square feet of leasable commercial space (Attachments I-III). Since the last CRA Board meeting, the following progress has been made (see Attachment IV): East Building Centennial Management Corp. (CMC) is working on the flooring in the common areas and site electrical service. Drywall, molding, hot water heater, tile, lighting, windows, doors, balcony railings and cabinets have been installed on the rental units. The acoustical ceiling panels, electrical, plumbing, elevator, mechanical and fire sprinklers are also being installed in the building. North Building CMC is working on the site hardscaping and interior finishes. Drywall, dishwashers, ovens, microwaves, electrical fixtures, plumbing fixtures, molding, hot water heater, tile, windows, doors, balcony railings and cabinets have been installed on the rental units. The electrical, plumbing, elevator, mechanical and fire sprinklers are also being installed in the building. West Building CMC is working on the metal roof and installing appliances in the units. Drywall, dishwashers, molding, hot water heater, tile, lighting, windows, doors, balcony railings and cabinets have been installed on the rental units. The acoustical ceiling panels, electrical, plumbing, elevator, mechanical and fire sprinklers are also being installed in the building. The CRA staff is continuing to coordinate with CMC on leasing the commercial spaces. The construction timeline estimates the Project will be completed in the Winter of 2023. Until completion, monthly project construction updates will be provided to the CRA Board. FISCAL IMPACT: Fiscal Year 2021-2022 Budget; Project Fund Line Item 02-58200-406 - Local Government Match Contribution $625,750 and Commercial/Retail Component $2,025,815 (commercial 784 •Attachment I - MLK Jr Blvd Project Site Plan - North •Attachment II - MLK Jr Blvd Project Site Plan - South •Attachment III - MLK Jr. Blvd. Mixed Use Development Project Renderings •Attachment IV - Construction Progress Photos component); TIRFA $1,630,280 and $433,008.45 Second Development Agreement for the Residential Component. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: No action is required at this time unless otherwise determined by the CRA Board. ATTACHMENTS: Description 785 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 1' = 20'-0"0 10'20'40'A-1 ARCHITECTURAL SITE PLAN ARCHITECTURAL SITE PLAN AS-101 NOT TO SCALEA-3 KEY PLAN AS-101 1 NORTH PARCEL SOUTH PARCEL CL CL 1/16" = 1'-0"0 8'16'32'A-2 TURNING RADIUS DETAIL EAST MARTIN LUTHER KING JR. BLVD. NE 11th AVENUE 7 8 11 COMMERCIAL 4,294 SF 6 COMMERCIAL 4,236 SF 9 8 10 10 COVERED BIKES RACKS SEE DETAIL D4/AS-102 3 3 FH 5 5 6'-0" PRECAST CONCRETE WALL SEE DETAIL D1/AS-101 E.V.CHARGING STATIONS (5) FFE 16.5 FFE 16.5 15.04 14.75 14.33 14.19 BENCHS NOT TO SCALED1PRE-CAST SITE WALL DETAIL PRE CAST CONCRETE CAP PRE CAST CONCRETE CAP PRE CAST CONCRETE CAP PRE CAST CONCRETE CAP PRE CAST CONCRETE WALL COLUMN FOOTING COLUMN FOOTING BOLARD SEE DETAIL A1/AS-102 1 DART COMMENTS 09-10-2020 1 1 2 1 1 2 1 1 2 1 1- SITE PLAN SHALL MEET CPTD DESIGN STANDARDS 2- BUILDING TO BE FULLY SPRINKLERED NOTES: 3- ALL PORTION OF BLDG AREA WITH 450 OF F.D. ACCESS PER NFPA 1-18.2.3.2.2 STREET SPACE SHALL BE PROVIDED PER SECTION 18.2(a) THROUGH (c) OFF THE REQUIRED PROJECT IMPROVEMENTS AND SHALL BE DETAILED AS SUCH IN PERMIT PLAN 1 OUTDOOR SEATING AREA 846 SF OUTDOOR SEATING AREA 846 SF PUBLIC EVENT PLAZA 2,090 SF TRASH AREA2 2 2 2 2 2 2 DART COMMENTS 09-21-2020 NORTH 2 2 6'-0" PRECAST CONCRETE WALL SEE DETAIL D1/AS-101 6'-0" PRECAST CONCRETE WALL SEE DETAIL D1/AS-101 2 EAST MARTIN LUTHER KING JR. BLVD.WELLS LANDINGNORTHBUILDING2% SLOPE FFE 16.5 FFE 15.0 1/8" = 1'-0"0 4'8'16'D2 STREET - PLAZA SECTION A A A 1 3 DART COMMENTS 10-08-2020 3 3 3 3 786 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 38-9" ROOF TOP 44-10" 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 44-10" 38-9" ROOF TOP 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 44-10" 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 44-10" 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 44-10" 38-9" ROOF TOP 38-9" ROOF TOP 38-9" ROOF TOP 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 ELEVATION PLAN A-201 3/32" = 1'-0"0 8'16'24'A-1 SOUTH ELEVATION 3/32" = 1'-0"0 8'16'24'A-2 NORTH ELEVATION 3/32" = 1'-0"0 8'16'24'A-3 WEST ELEVATION 3/32" = 1'-0"0 8'16'24'A-4 EAST ELEVATION 3/32" = 1'-0"0 8'16'24'A-5 CENTRAL - PLAZA WEST ELEVATION 3/32" = 1'-0"0 8'16'24'A-6 CENTRAL - PLAZA EAST ELEVATION ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT 1 DART COMMENTS 09-10-2020 1 1 1 1 11 1111 2 DART COMMENTS 09-21-2020 NORTH 2 3 DART COMMENTS 10-08-2020 3 3 3 3 787 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 COLOR ELEVATION PLANS A-202 NOT TO SCALEA-1 SOUTH ELEVATION NOT TO SCALEA-2 NORTH ELEVATION NOT TO SCALEA-3 WEST ELEVATION NOT TO SCALEA-4 EAST ELEVATION 1 DART COMMENTS 09-10-2020 1 01 02 03 04 05 06 07 A-5 MATERIAL & COLOR LEGENDS A-6 MATERIAL NOTES STANDING SEAM METAL ROOF. ON THE ROCKS (SW7671) BY SHERWIN WILLIAMS OR SIMILAR 1.ALL ROOF DRAINS: ALL INTERNAL AND DOWNSPOUTS OR RAIN WATER LEADERS WILL BE CONCEALED IN ARCHITECTURAL ELEMENTS. 2.ALL EQUIPMENT OTHER THAN FIRE APARATUS SHALL BE PAINTED TO MATCH BUILDING COLORS CONCRETE PANEL SCORED STUCCO & STUCCO: SPARE WHITE (SW6203) BY SHERWIN WILLIAMS OR SIMILAR PAINT ON STUCCO: TOPIARY TINT (SW6449) BY SHERWIN WILLIAMS OR SIMILAR PAINT ON STUCCO: BLUEBELL (SW6793) BY SHERWIN WILLIAMS OR SIMILAR PAINT ON STUCCO: PINEAPPLE CREAM (SW1668) BY SHERWIN WILLIAMS OR SIMILAR PAINT: GREEK VILLA (SW7551) BY SHERWIN WILLIAMS OR SIMILAR 2 DART COMMENTS 09-21-2020 NORTH 2 01 01 01 01 01 01 01 01 01 01 01 01 01 0202 02 02 02 02 0202 03 03 03 03 03 03 03 03 0303 03 0303 03 03 03 03 04040404 04 04 04 04 04 0404 04 0505 05 05 0505 05 05 0606 06 06 0606 06 07 0707 07 07 07 07 07 07 07 0707 2 2 2 03 03 788 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 FIRST AND SECOND FLOOR PLAN A-101 1/8" = 1'-0"0 4'8'16'A-1 FIRST FLOOR PLAN 1/8" = 1'-0"0 4'8'16'A-2 SECOND FLOOR PLAN 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "C" 2 BEDROOMs UNIT TYPE "A" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" OPEN COVERED PLAZA COMMERCIAL #1 COMMERCIAL #2 COMMERCIAL #3 COMMERCIAL #4 COMMERCIAL #5 COMMERCIAL #6 COMMERCIAL #7 COMMERCIAL #8 LOBBY COMMON TRASH ROOM 1 BEDROOM UNIT TYPE "C" 2 BEDROOMs UNIT TYPE "A" 2 DART COMMENTS 09-21-2020 NORTH 2 333 3 3 3 3 DART COMMENTS 10-08-2020 789 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 THIRD FLOOR PLAN A-102 1/8" = 1'-0"0 4'8'16'A-1 THIRD FLOOR PLAN 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "C" 2 BEDROOMs UNIT TYPE "A" 1 BEDROOM UNIT TYPE "C" 2 BEDROOMs UNIT TYPE "A" 2 DART COMMENTS 09-21-2020 NORTH 2 790 EAST MARTIN LUTHER KING JR. BLVD. NE 9th AVENUE NE 11th AVENUE 14 13 ZONE DISTRICT: C-2 Gross Land: 55,183 (s.f.) Net Land: 1.27 acres Water Bodies: 0 LANDSCAPE LEGEND - COMMERCIAL (NORTH) REQ.PROV. TOTAL NUMBER OF TREES (ALL PALMS IN 3:1 RATIO) 292 Note: All pervious areas must be landscaped with lawn, groundcover, and/or shrubbery. STREET TREES (South - East MLK Blvd.): 300 l.f. (1 tree / 20 l.f.)15 TOTAL NUMBER OF SHRUBS, GROUNDCOVERS 60 1,363 63 15 PERIMETER BUFFER Requirements: North (Single Family) (1) 14' ht. tree for every 20 l.f. (1) 36" ht. shrub for every 3 l.f. PERIMETER BUFFER Requirements: West (Single Family) (1) 14' ht. tree for every 20 l.f. (1) 36" ht. shrub for every 3 l.f. PERIMETER BUFFER Requirements: East (Single Family) (1) 14' ht. tree for every 20 l.f. (1) 36" ht. shrub for every 3 l.f. 15 98 (295 L.F.) 15 (295 L.F.) 15 96 (287 L.F.) 15 (287 L.F.) * IRRIGATION SHALL BE PROVIDED AT TIME OF PERMIT * ALL PARKING ISLANDS SHALL BE LANDSCAPED WITH GROUNDCOVER MATERIAL 103 117 15 98 (295 L.F.) 15 (295 L.F.) 133 155% OF SHRUBS SHALL BE BUTTERFLY-ATTRACTIVE 219 DESCRIPTIONQUAN.SYMBOL PROPOSED MATERIAL SHRUBS AND GROUNDCOVERS DESCRIPTIONQUAN.SYMBOL PROPOSED MATERIAL TREES LANDSCAPE LIST - NORTH PARCEL ST. AUGUSTINE GRASS Stenotaphrum secundatum 'Floratam'SOLID EVEN SODLAWNAs Required 12 14' HT. X 6' SPR. 4" DBH. F.G. 10 31 3 F.G., "CHARACTER" SPECIMENGUMBO LIMBO *Bursera simaruba 14' HT. X 6' SPR. 4" DBH. 14' HT. X 6' SPR. 4" DBH.*Coccoloba diversiflora PIGEON PLUM F.G. Tabebuia heterophylla PINK TRUMPET TREE 10' HT. X 5 SPR., 2" DBH. F.G. 27CV 172DE 635FM 347IT 154JV 167MC 435PM Codieaum variegatum 'Mammey' RED - YELLOW CROTON 3 GAL. 18" HT. X 18" SPR. / 18" O.C. 3 GAL. 18" HT. X 18" SPR. / 18" O.C. Duranta erecta 'Gold Mound' GOLD MOUND DURANTA Ficus microcarpa 'Green Island' GREEN ISLAND FICUS 3 GAL. 15" HT. X 15" SPR. / 18" O.C. DWARF IXORA Ixora taiwanese 'Dwarf'18" HT. X 18" SPR. / 18" O.C. 3 GAL. * DENOTES NATIVE SPECIES 24" HT. X 24" SPR. / 24" O.C.Jasmine volubile WAX JASMINE 3 GAL. 3 GAL. 24" HT. X 24" SPR. / 30" O.C. *Muhlenbergia capillaris PINK MUHLY GRASS 7 GAL. 36" HT. X 24" SPR. / 24" O.C. Podocarpus macrophyllus PODOCARPUS [BUTTERFLY ATTRACTIVE] LIVE OAK "HIGH RISE" *Quercus virginiana 'High Rise' 6 5 F.G., TOPIARY 12'-14' O.A. HT.Elaeocarpus decipiens JAPANESE BLUEBERRY 32AC 15HP Asclepias curassavica MILKWEED 3 GAL. 24" HT. X 24" SPR. / 24" O.C. [BUTTERFLY ATTRACTIVE] [BUTTERFLY ATTRACTIVE] 24" HT. X 24" SPR. / 24" O.C.Hamelia patens 'compact' DWARF FIREBUSH 3 GAL. Ptychosperma elegans 'single'20' O.A. HT., SINGLE F.G.SINGLE ALEXANDER PALMS 14CG2 *Clusia guttifera SMALL LEAF CLUSIA 7 GAL. 36" HT. X 24" SPR. / 24" O.C. NORTHSHEET INDEX: L-1 INDEX L-2 LANDSCAPE PLAN L-3 LANDSCAPE DETAILS Scale: 1" = 40'-0" KEY PLAN Drawing: Index Date: 06/17/2020 Scale: See Left Drawn by: LDC Sheet No.: L-1 Cad Id.: 2020-021WELLS LANDING - NORTHBOYNTON BEACH, FLINDEX09.24.20201) DART Comments / Site Plan LDC Seal: Lic. # LA0000889 Member: A.S.L.A.Project:Revisions:By:Date:307 south 21st avenue hollywood, floridaphone: 954.923.9681 facsimile: 954.923.9689www.witkindesign.com©2020 WITKIN HULTS + PARTNERS THE DESIGN AND DRAWINGS HEREIN ARE THE INTELLECTUAL PROPERTY OF THIS LANDSCAPE ARCHITECT AND ARE PROTECTED UNDER THE COPYRIGHT PROTECTION ACTL-2 SEE SOUTH PARCEL LANDSCAPE PLANS FOR LANDSCAPE IN THIS AREA IRRIGATION NOTE: 100% IRRIGATION COVERAGE WILL BE PROVIDED AT TIME OF PERMITTING SABAL PALMS (IF APPLICABLE) ARE TO BE INSTALLED WITH FRONDS CUT AT 10-2, NOT HURRICANE CUT ALL PALMS OVER 12' C.T. SHALL HAVE SQUARE ROOTBALLS AND 4"x4" BRACES ALL PALMS OVER 12' C.T. SHALL HAVE SQUARE ROOTBALLS AND 4"x4" BRACES ALL TREES AND PALMS SHALL BE FLORIDA GRADE 1 AT TIME OF PLANTING. ANY PRUNING SHALL BE DETERMINED BY THE LANDSCAPE ARCHITECT AND/OR AN ARBORIST FIRE DEPARTMENT ACCESS ROADS SHALL HAVE AN UNOBSTRUCTED VERTICAL CLEARANCE OF NOT LESS THAN 14' NFPA IF APPLICABLE, SAFETY CAPS SHALL BE INSTALLED ON ALL #5 REBAR USED FOR TREE BRACING 1 1 1 791 EAST MARTIN LUTHER KING JR. BLVD.20'-0" O.C.,TYP.LAWN NE 11th AVENUE LAWNLAWNDOUBLE ROW DOUBLE ROW DOUBLE ROW DOUBLE ROW DOUBLE ROW DOUBLE ROW COMMERCIAL COMMERCIAL 13 LAWNLAWNDOUBLE ROW DOUBLE ROW LAWN2'-0" PARKING OVERHANG, TYP. 20'-0" O.C., TYP.20'-0" O.C.,TYP.2'-0" PARKING OVERHANG, TYP.20'-0" O.C.,TYP.LAWN FM 53 IT 32 CV 3 FM 55 FM 53 IT 75 CV 3 MC 10 HP 15 FM 55 CG2 14 FM 50 IT 50 CV 3 MC 10 FM 30 IT 8 CV 3 MC 5 IT 62 CV 3 MC 12 FM 72 FM 40 IT 60 CV 3 MC 20 FM 50 IT 20 CV 3 MC 7 20'-0" O.C., TYP. DE 27 FM 25 EXISTING TREE TO REMAIN, TYP. (SEE NORTH PARCEL DISPOSITION PLANS FOR DETAILS)15'-0"15'-0"15'-0"15'-0" SIGHT-TRIANGLE, TYP. (ANY LANDSCAPE WITHIN SHALL BE MAINTAINED AT 18" HT. MAX.)15'-0"15'-0"15'-0"15'-0" MC 8 IT 40 PM 24 SEE "LARGE TREE PLANTING DETAIL" ON SHEET L-3 FOR BRACING DETAILS LAWN FM 67 CV 3 DE 80 MC 20 JV 62 PM 252 FM 60 CV 3 DE 65 MC 15 JV 92 PM 159 DOUBLE ROWDOUBLE ROW FM 25 MC 60 5 BEDS 5 BEDS AC 32 SEE "LARGE TREE PLANTING LAWN NORTH Scale: 1" = 20'-0" LANDSCAPE PLAN Drawing: Landscape Plan Date: 06/17/2020 Scale: See Left Drawn by: LDC Sheet No.: L-2 Cad Id.: 2020-021WELLS LANDING - NORTHBOYNTON BEACH, FLLANDSCAPE PLANSeal: Lic. # LA0000889 Member: A.S.L.A.Project:Revisions:By:Date:307 south 21st avenue hollywood, floridaphone: 954.923.9681 facsimile: 954.923.9689www.witkindesign.com©2020 WITKIN HULTS + PARTNERS THE DESIGN AND DRAWINGS HEREIN ARE THE INTELLECTUAL PROPERTY OF THIS LANDSCAPE ARCHITECT AND ARE PROTECTED UNDER THE COPYRIGHT PROTECTION ACT SEE SOUTH PARCEL LANDSCAPE PLANS 09.24.20201) DART Comments / Site Plan LDC 1 792 Know what'sR793 74-2018No.DescriptionDateAA26001731123456EDCBA123456EDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENTƑ WILLIAM J. GALLO FL AR0008440Ƒ BRIAN P. HERBERT FL AR0015474MARTIN LUTHERKINGCOMMUNITYNORTHBOYNTON BEACH, FL 33435PRIOR TO SUBMITTING THE BID, THE CONTRACTOR SHALL FIELD VERIFY ALL EXISTING CONDITIONS AND INFORM THE ARCHITECT ANDTHE ENGINEER OF ANY DISCREPANCY BETWEEN THESE DOCUMENTS AND THE EXISTING CONDITIONS AND SHALL INCLUDE IN THE BID TOCORRECT THE SAME AS DIRECTED. THE ENGINEERS ARE NOT RESPONSIBLE FOR ANY ADDITIONAL COSTS RESULTING FROM VERIFIABLEEXISTING CONDITIONS DISCOVERED AFTER CONTRACT HAS BEEN AWARDED. NO CHANGES SHALL BE MADE TO THESE PLANS WITHOUTPRIOR APPROVAL FROM THE ENGINEER OF RECORD. ALL CHANGES SHALL BE SUBMITTED FOR REVIEW PRIOR TO INSTALLATION. NOT FOR BID UNTIL PERMIT HAS BEEN ISSUED.3601 NW 2ND AVEBOCA RATON, FL 33431CERTIFICATION OFAUTHORIZATIONNO. 31989elec dept.TEL:954-644-9612mech dept.TEL:561-716-7120PM:SK1DART COMMENTS2020-09-09SITE PHOTOMETRICSPLANNORTHEPH-101N1' = 20'-0"010'20'40'Luminaire ScheduleSymbolQtyLabelArrangementLLFDescription4WSINGLE0.900Cree Lighting OSQ-A-XX-4ME-B-30K-UL-XX / OSQ-BLSMF / Wall Mount10SASINGLE0.900Cree Lighting OSQ-A-XX-4ME-B-30K-UL-XX / OSQ-BLSMFCalculation SummaryLabelCalcTypeUnitsAvgMaxMinAvg/MinMax/MinParking LotIlluminanceFc2.555.01.02.555.00SpillIlluminanceFc0.040.30.0N.A.N.A.794 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 334351' = 20'-0"010' 20'40'ARCHITECTURALSITE PLANSOUTH PARCELAS-101NE 9th AVENUEENENOT TO SCALESOUTH WESTUTESWWBUILDINGBINNNLOADINGTRASH CHUTEAS-101 1SOUTH PARCELSSSOUTH EASTSOH ESSBUILDINGILDGA-101 1A-103 1LOADINGTRASH CHUTE6910393668810TRASHASASROOMMMMOMOMOOMRMOMMROOMOMMROOROOOOOOOOMROOMROOMTRASHHHSHSHSHHHSSHSHSHSSSSSSSROOMROOOROOROOOOASINGLEAFITNEESS710710998888810COMMONCCCCCCCCCCCCCCCCCCCCCCCCCNNNNNNNNNNNOO1091- SITE PLAN SHALL MEET CPTDDESIGN STANDARDS2- BUILDING TO BE FULLY SPRINKLERED3- DEVELOPER TO EXPLORE CROSSACCES EASEMENT W/ CVS SITENOTES:Note # 3FHFHFHFH1/16" = 1'-0"0 8' 16' 32'E.V..VCHARGINGCHGINSTATIONS (5)TATNS BENCHSNCNOT TO SCALE11116'-0" PRECAST'-0RECTCONCRETE WALLCOCRWTECAS6'-0" PRE6'PRTSALLTEWACONCRETCCE WLS-101A3/ASEE DETAIL ADEAL AS-ASCLCCCLCCPRE CASTCONCRETE CAPPRE CASTCONCRETECAPPRE CASTCONCRETE CAPPRE CASTCONCRETEWALLCOLUMNFOOTINGCOLUMNFOOTING15.0414.7514.3314.19114.12FFE 16.5FFE 16.5FFE 16.5E 16.5FFEFFE 16.50ECHARGINGCRGGGGSTATIONSSIO1BOLARDOOOSEE DETAIL A1/AS-102SEE DETAIL A1/AS 102SEE DETAIL A1/AS 102BOLARDSEE DETAIL A1/AS-10210DDCOVEREDDDDDKKSBIKES RACKKK02AAS-10SEE DETAIL D4/AAA2AACOVEREDOEDBIKES RACKSBIKRASEE DETAIL D4/AS-102E DAIL/A024- ALL PORTION OF BLDG AREA WITH 450OF F.D. ACCESS PER NFPA 1-18.2.3.2.2LESS THAN 150'-0"IRRIGATION TO BEIRRIGATION TO BEPROVIDED TO PLANTERSIRRIGATION TO BEPROVIDED TO PLANTERSSTREET SPACE SHALL BE PROVIDED PER SECTION 18.2(a) THROUGH (c)OFF THE REQUIRED PROJECT IMPROVEMENTS AND SHALL BE DETAILEDAS SUCH IN PERMIT PLAN101000SHADED SEATING548 S.F.LINEAR PLAZALNEAARPLAAZAAAAZLAPRAENLAZAALPAREANLIAAZLAPRAENLAZAALPAREANLI2,021 S.F.,01,2101022 021 S F20221SF21022SFSF S.FSF S.F.F02,2,2,02021 S1 S.F.FOPEN PLAY AREA3,500 S.F.MOUNTABLE CURBPUBLIC PLAZA443 S.F.1DART COMMENTS 09-10-20202DART COMMENTS 09-21-202032322222220'-0" FIRE LINE SOUTH2FFFFFFFFFFFFFFFFFFFF222223NEIGHBORHOOD COMMERCIAL (1)IGORODOMRCL (1OONEIGHBORHHOOD COMMERCIAL (2)NGHBHHOD CMMCIA2)RRRESIDENTIALIDIADUPLEX R-2DUX 3DART COMMENTS 10-08-20203333333795 11-3"SECOND FLOOR22-6"THIRD FLOOR51-1"45-4"ROOF TOP33-11"FOURTH FLOOR0'-00"TOP SLAB11-3"SECOND FLOOR22-6"THIRD FLOOR51-1"45-4"ROOF TOP33-11"FOURTH FLOOR0'-00"TOP SLAB11-3"SECOND FLOOR22-6"THIRD FLOOR51-1"45-4"ROOF TOP33-11"FOURTH FLOOR0'-00"TOP SLAB11-3"SECOND FLOOR22-6"THIRD FLOOR51-1"45-4"ROOF TOP33-11"FOURTH FLOOR0'-00"TOP SLAB74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435ELEVATION PLANSOUTH WEST BLDG.A-2033/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"08' 16'24'3/32" = 1'-0"08'16'24'ROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENT2DART COMMENTS 09-21-2020SOUTH222796 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435COLOR ELEVATIONPLANSSOUTH WEST BLDG.A-2041DART COMMENTS 09-10-202011. ALL ROOF DRAINS: ALL INTERNAL AND DOWNSPOUTS ORRAIN WATER LEADERS WILL BE CONCEALED INARCHITECTURAL ELEMENTS.2. ALL EQUIPMENT OTHER THAN FIRE APARATUS SHALL BEPAINTED TO MATCH BUILDING COLORS3/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"08' 16'24'3/32" = 1'-0"08'16'24'2DART COMMENTS 09-21-2020SOUTH201020304050607STANDING SEAM METAL ROOF. ON THE ROCKS(SW7671) BY SHERWIN WILLIAMS OR SIMILARCONCRETE PANELSCORED STUCCO & STUCCO: SPARE WHITE(SW6203) BY SHERWIN WILLIAMS OR SIMILARPAINT ON STUCCO: TOPIARY TINT(SW6449) BY SHERWIN WILLIAMS OR SIMILARPAINT ON STUCCO: BLUEBELL(SW6793) BY SHERWIN WILLIAMS OR SIMILARPAINT ON STUCCO: PINEAPPLE CREAM(SW1668) BY SHERWIN WILLIAMS OR SIMILARPAINT: GREEK VILLA(SW7551) BY SHERWIN WILLIAMS OR SIMILAR22201010101010101010101010101010101010101010101010101010203030303030303030303030303030303030303030303030303030303030303040404040404040404040505050505050505050505050606060606060606070707070707070707797 12-6"SECOND FLOOR23-9"THIRD FLOOR51-1"46-7"ROOF TOP35-2"FOURTH FLOOR1'-3"TOP SLAB12-6"SECOND FLOOR23-9"THIRD FLOOR51-1"46-7"ROOF TOP35-2"FOURTH FLOOR1'-3"TOP SLAB12-6"SECOND FLOOR23-9"THIRD FLOOR51-1"46-7"ROOF TOP35-2"FOURTH FLOOR1'-3"TOP SLAB12-6"SECOND FLOOR23-9"THIRD FLOOR51-1"46-7"ROOF TOP35-2"FOURTH FLOOR1'-3"TOP SLAB74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435ELEVATION PLANSOUTH EAST BLDG.A-2013/32" = 1'-0"08'16'24'3/32" = 1'-0"08' 16'24'3/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"0 8' 16' 24'ROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENT2DART COMMENTS 09-21-2020SOUTH2798 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435COLOR ELEVATIONPLANSSOUTH EAST BLDG.A-2021DART COMMENTS 09-10-202011. ALL ROOF DRAINS: ALL INTERNAL AND DOWNSPOUTS ORRAIN WATER LEADERS WILL BE CONCEALED INARCHITECTURAL ELEMENTS.2. ALL EQUIPMENT OTHER THAN FIRE APARATUS SHALL BEPAINTED TO MATCH BUILDING COLORSNOT TO SCALENOT TO SCALENOT TO SCALENOT TO SCALE2DART COMMENTS 09-21-2020SOUTH2010304050607STANDING SEAM METAL ROOF. ON THE ROCKS(SW7671) BY SHERWIN WILLIAMS OR SIMILARSCORED STUCCO & STUCCO: SPARE WHITE(SW6203) BY SHERWIN WILLIAMS OR SIMILARPAINT ON STUCCO: TOPIARY TINT(SW6449) BY SHERWIN WILLIAMS OR SIMILARPAINT ON STUCCO: BLUEBELL(SW6793) BY SHERWIN WILLIAMS OR SIMILARPAINT ON STUCCO: PINEAPPLE CREAM(SW1668) BY SHERWIN WILLIAMS OR SIMILARPAINT: GREEK VILLA(SW7551) BY SHERWIN WILLIAMS OR SIMILAR2220101010101010101010101010101010101010101010101010101010101010103030303030303030303030303030303030303030303030303030303030304040404040404040404040405050505050505050505050606060606060606060606060707070707070707070707070707070707799 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435FIRST AND SECONDFLOOR PLANSOUTH EAST BLDG.A-1013/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"08' 16'24'2 BEDROOMS UNIT2BTYPE "B"2 BEDROOMS UNIT2TYPE "C"2 BEDROOMS UNIT222TYPE "C"1 BEDROOM UNITTYPE "D"2 BEDROOMS UNITTTTYPE "C"2 BEDROOMS UNITTTTTTYPE "C"COMMONNNNTRASHROOM2 BEDROOMS UNITSUNITTYPE "B"2 BEDROOMS UNIT2 BEDTYPE "B"2 BEDROOMS UNITSUNITTYPE "B"2 BEDROOMS UNIT2BEDTYPE "B"2 BEDROOMS UNIT22TYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTTTYPE "D"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNIT2BTYPE "B"2 BEDROOMS UNIT2TYPE "C"2 BEDROOMS UNIT22TYPE "C"1 BEDROOM UNITTYPE "D"2 BEDROOMS UNITTTYPE "C"2 BEDROOMS UNITTTTYPE "C"2 BEDROOMS UNITSUNITTYPE "B"2 BEDROOMS UNIT2 BEDTYPE "B"2 BEDROOMS UNITSUNITTYPE "B"2 BEDROOMS UNIT2BEDTYPE "B"2 BEDROOMS UNIT22TYPE "B"2 BEDROOMS UNITNTYPE "B"2 BEDROOMS UNITTTTTYPE "D"2 BEDROOMS UNITNTYPE "B"2 BEDROOMS UNITBBTYPE "B"2 BEDROOMS UNITTTTTTTYPE "E"2DART COMMENTS 09-21-2020SOUTH2PORCHPORCHPORCHPORCHPORCH22222800 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435THIRD & FOURTHFLOOR PLANSOUTH EAST BLDG.A-1023/32" = 1'-0"0 8' 16' 24'3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "A"2 BEDROOMS UNITTYPE "C"3/32" = 1'-0"08' 16'24'2 BEDROOMS UNITTYPE "B"1 BEDROOM UNITTYPE "D"2 BEDROOMS UNITTYPE "C"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "E"3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "A"2 BEDROOMS UNITTYPE "C"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "C"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "E"3 BEDROOMS UNITTYPE "A"2 BEDROOMS UNITTYPE "C"2 BEDROOMS UNITTYPE "E"2DART COMMENTS 09-21-2020SOUTH2801 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435FIRST & SECONDFLOOR PLANSOUTH WEST BLDG.A-1033/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"08' 16'24'2 BEDROOMS UNITTYPE "C"2 BEDROOMS UNITTYPE "C"COMMONTRASHROOMCOMMON1 BEDROOM UNITTYPE "F"2 BEDROOMS UNITTYPE "C"2 BEDROOMS UNITTYPE "C"3 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "D"3 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "D"3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"3 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "D"2DART COMMENTS 09-21-2020SOUTH222802 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435THIRD & FOURTHFLOOR PLANSOUTH WEST BLDG.A-1043/32" = 1'-0"0 8' 16' 24'3 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "D"3 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "D"3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "A"2DART COMMENTS 09-21-2020SOUTH22803 EAST MARTIN LUTHER KING JR. BLVD.NE 9th AVENUENE 11th AVENUE1413ZONE DISTRICT: C-2Gross Land: 117,428 (s.f.) Net Land: 2.70 acres Water Bodies: 0LANDSCAPE LEGEND - RESIDENTIAL (SOUTH)REQ.PROV.TOTAL NUMBER OF TREES (SMALL PALMS IN 3:1 RATIO)180 Note: All pervious areas must be landscaped with lawn, groundcover, and/or shrubbery.21TOTAL NUMBER OF SHRUBS, GROUNDCOVERS752,32310621PERIMETER BUFFER Requirements: West (Commercial)(1) 14' ht. tree for every 20 l.f.(1) 36" ht. shrub for every 3 l.f.PERIMETER BUFFER Requirements: East (Commercial)(1) 14' ht. tree for every 20 l.f.(1) 36" ht. shrub for every 3 l.f.1278(235 L.F.)12(235 L.F.)* IRRIGATION SHALL BE PROVIDED AT TIME OF PERMIT* ALL PARKING ISLANDS SHALL BE LANDSCAPED WITH GROUNDCOVER MATERIAL10015102(305 L.F.)15(305 L.F.)108STREET TREES (North - East MLK Blvd.): 418 l.f. (1 tree / 20 l.f.)2727STREET TREES (South - NE 9th Ave.): 542 l.f. (1 tree / 20 l.f.)95% OF SHRUBS SHALL BE BUTTERFLY-ATTRACTIVE485DESCRIPTIONQUAN.SYMBOLPROPOSED MATERIALSHRUBS AND GROUNDCOVERSDESCRIPTIONQUAN.SYMBOLPROPOSED MATERIALTREESLANDSCAPE LIST - SOUTH PARCELST. AUGUSTINE GRASSStenotaphrum secundatum 'Floratam'SOLID EVEN SODLAWNAsRequired3014' HT. X 6' SPR. 4" DBH.F.G. 11194F.G., "CHARACTER" SPECIMENGUMBO LIMBO*Bursera simaruba14' HT. X 6' SPR. 4" DBH.14' HT. X 6' SPR. 4" DBH.*Coccoloba diversifloraPIGEON PLUMF.G. Tabebuia heterophylla PINK TRUMPET TREE 10' HT. X 5 SPR., 2" DBH.F.G.20Aechmea blanchettiana36" HT. X 24" SPR. ABBRIGHT YELLOW BROMELIAD10" POT 9CV73DE1200FM210IT72JV153MC112PV155SVCodieaum variegatum 'Mammey' RED - YELLOW CROTON3 GAL.18" HT. X 18" SPR. / 18" O.C.3 GAL.18" HT. X 18" SPR. / 18" O.C. Duranta erecta 'Gold Mound'GOLD MOUND DURANTAFicus microcarpa 'Green Island'GREEN ISLAND FICUS3 GAL.15" HT. X 15" SPR. / 18" O.C. DWARF IXORAIxora taiwanese 'Dwarf'18" HT. X 18" SPR. / 18" O.C.3 GAL.* DENOTES NATIVE SPECIES24" HT. X 24" SPR. / 24" O.C.Jasmine volubileWAX JASMINE3 GAL.3 GAL.24" HT. X 24" SPR. / 30" O.C. *Muhlenbergia capillarisPINK MUHLY GRASSSchefflera arboricola 'Trinette'VARIEGATED SCHEFFLERA3 GAL.18" HT. X 18" SPR. / 18" O.C. 64113113610' HT. X 4' SPR. 2" DBH.*Conocarpus erectus 'sericeus'SILVER BUTTONWOODF.G. 8' HT. X 8' SPR., MULTI TRUNKLigustrum japonicumJAPANESE PRIVETF.G.F.G., MATCHED HTS.ROYAL PALM*Roystonea elata24' O.A. HT. MIN.10' HT. X 5' SPR. 2" DBH.F.G.2CA427CG174CG2207CI9HA455PM7 GAL.36" HT. X 24" SPR. / 24" O.C. Podocarpus macrophyllusPODOCARPUS173SA[BUTTERFLY ATTRACTIVE]7 GAL.3' O.A. HT.PURPLE CRINUM LILYCrinum augustum 'Queen Emma'*Clusia guttiferaSMALL LEAF CLUSIA3 GAL.24" HT. X 24" SPR. / 24" O.C. *Clusia guttiferaSMALL LEAF CLUSIA7 GAL.36" HT. X 24" SPR. / 24" O.C. *Chrysobalanus icaco 'Red Tip'RED TIP COCOPLUM3 GAL.18" HT. X 18" SPR. / 18" O.C. Hibiscus 'Anderson Crepe'ANDERSON CREPE HIBISCUS15 GAL.6' HT. O.A., STANDARD PITTOSPORUM VARIEGATAPittosporum tobira 'Variegata'3 GAL.18" HT. X 18" SPR. / 18" O.C. GREEN SCHEFFLERASchefflera arboricola24" HT. X 24" SPR. / 24" O.C.3 GAL.Ptychosperma elegans 'single'20' O.A. HT., SINGLEF.G.SINGLE ALEXANDER PALMS5LIVE OAK "HIGH RISE"*Quercus virginiana 'High Rise'*Eugenia foetidaSPANISH STOPPER12' HT. X 4' SPR., MULTI TRUNKF.G.Jacaranda mimosifoliaJACARANDA TREE14' HT. X 6' SPR. 4" DBH.F.G. Fillicium decipiens JAPANESE FERN TREE 47AC25HP404PLAsclepias curassavicaMILKWEED3 GAL.24" HT. X 24" SPR. / 24" O.C.[BUTTERFLY ATTRACTIVE][BUTTERFLY ATTRACTIVE]24" HT. X 24" SPR. / 24" O.C.Hamelia patens 'compact'DWARF FIREBUSH3 GAL.[BUTTERFLY ATTRACTIVE]DWARF PENTASPentas lanceolata "New Look White"1 GAL.12" HT. X 12" SPR. / 12" O.C. 2F.G., STAGGERED.DOUBLE MONTGOMERY PALMVeitchia montgomeryana 'double'20' O.A. HT. MIN., DOUBLENORTHSHEET INDEX:L-1 INDEXL-2 LANDSCAPE PLANL-3 LANDSCAPE DETAILSScale: 1" = 40'-0"KEY PLANDrawing: IndexDate: 06/17/2020Scale: See LeftDrawn by: LDCSheet No.:Cad Id.: 2020-021WELLS LANDING - SOUTH BOYNTON BEACH, FL INDEX 307 south 21st avenue hollywood, florida phone: 954.923.9681 facsimile: 954.923.9689 www.witkindesign.com©2020 WITKIN HULTS + PARTNERSTHE DESIGN AND DRAWINGS HEREIN ARE THEINTELLECTUAL PROPERTY OF THISLANDSCAPE ARCHITECT AND ARE PROTECTEDUNDER THE COPYRIGHT PROTECTION ACTL-2SEE NORTH PARCELLANDSCAPE PLANSFOR LANDSCAPE INTHIS AREAIRRIGATION NOTE: 100% IRRIGATIONCOVERAGE WILL BE PROVIDED ATTIME OF PERMITTINGSABAL PALMS (IF APPLICABLE) ARETO BE INSTALLED WITH FRONDSCUT AT 10-2, NOT HURRICANE CUTALL PALMS OVER 12' C.T. SHALLHAVE SQUARE ROOTBALLS AND4"x4" BRACESALL PALMS OVER 12' C.T. SHALLHAVE SQUARE ROOTBALLS AND4"x4" BRACESALL TREES AND PALMS SHALL BEFLORIDA GRADE 1 AT TIME OFPLANTING. ANY PRUNING SHALL BEDETERMINED BY THE LANDSCAPEARCHITECT AND/OR AN ARBORISTFIRE DEPARTMENT ACCESS ROADSSHALL HAVE AN UNOBSTRUCTEDVERTICAL CLEARANCE OF NOTLESS THAN 14' NFPAIF APPLICABLE, SAFETY CAPS SHALLBE INSTALLED ON ALL #5 REBAR USEDFOR TREE BRACING11 804 EAST MARTIN LUTHER KING JR. BLVD.NE 9th AVENUELAWNLAWNLAWN 4-STORYBUILDINGLAWN 20'-0" O.C.,TYP.5 BEDS14LAWN LAWN LAWN LAWNLAWNLAWNLAWN20'-0" O.C., TYP.2'-0" PARKINGOVERHANG, TYP.2'-0" PARKINGOVERHANG, TYP.2'-0" PARKINGOVERHANG, TYP.FM25CG18HA2JV15PM136DE43DE30JV15HA2CG18FM15CG12PV12PV12FM50SV25CA1MC8CV3IT20FM47FM47IT20MC8CV3AC22PL90PL37PL75PM60PM93PL75SA82FM60IT55MC10CV3IT20FM45SA45AC25PL110PL17HP20CI40SV100CI68EXISTING TREE TO REMAIN, TYP.(SEE SOUTH PARCEL DISPOSITIONPLANS FOR DETAILS)20'-0" O.C.,TYP.15'-0"15'-0"15'-0"15'-0"SIGHT-TRIANGLE, TYP. (ANYLANDSCAPE WITHIN SHALL BEMAINTAINED AT 18" HT. MAX.)15'-0"15'-0"15'-0"15'-0"SIGHT-TRIANGLE, TYP. (ANYLANDSCAPE WITHIN SHALL BEMAINTAINED AT 18" HT. MAX.)LANDSCAPE WITHIN SHALL BEMAINTAINED AT 18" HT. MAX.)2'-0" PARKINGOVERHANG, TYP.MC70FM25SV17AB2PM1662'-0" PARKINGOVERHANG, TYP.2'-0" PARKINGOVERHANG, TYP.2'-0" PARKINGOVERHANG, TYP.2'-0" PARKINGOVERHANG, TYP.20'-0" O.C.,TYP.SA20FM125HA3IT95SA26FLEXIPAVE,TYP.PASSIVERECREATIONAREALAWN20'-0"EMERGENCYFIRE ACCESS4-STORYBUILDING15 BEDS LAWNBENCH, TYP.LAWNBENCH, TYP.LAWN, TYP.FM75CG19FM25FM18CG7FM42PV12CG30CG210FM65FM25CG19CI22PV12CI52FM83CG30CG7FM6PV20FM12CI10CG12FM6CG24MC7AB2PV20FM6PV12CI5CG5FM6CG24MC7AB2FM6CG6CG21FM6AB2MC10FM6CG21FM6AB2MC10FM6FM12CI10CG6CG5FM81'-0"4'-0"4'-0"SEE "LARGE TREE PLANTINGDETAIL" ON SHEET L-3 FORBRACING DETAILSFM408 BEDSCG2164FM53FM85AB2JV15HA2FM38CG27PV4CG39JV7CA1LAWN MC23JV20AB4CG33HP5FM22FM13SV13FM5CG12PV4CG5FM6PV4CG27FM25AB2AB2FM25FM30NORTHScale: 1" = 20'-0"LANDSCAPE PLANDrawing: Landscape PlanDate: 06/17/2020Scale: See LeftDrawn by: LDCSheet No.:Cad Id.: 2020-021WELLS LANDING - SOUTH BOYNTON BEACH, FL LANDSCAPE PLAN 307 south 21st avenue hollywood, florida phone: 954.923.9681 facsimile: 954.923.9689 www.witkindesign.com©2020 WITKIN HULTS + PARTNERSTHE DESIGN AND DRAWINGS HEREIN ARE THEINTELLECTUAL PROPERTY OF THISLANDSCAPE ARCHITECT AND ARE PROTECTEDUNDER THE COPYRIGHT PROTECTION ACTSEE NORTH PARCEL LANDSCAPE PLANS 1805 74-2018No. Description DateAA26001731123456EDCBA123456EDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLOFL AR0008440□ BRIAN P. HERBERTFL AR0015474MARTIN LUTHERKINGCOMMUNITYSOUTHBOYNTON BEACH, FL 33435PRIOR TO SUBMITTING THE BID, THE CONTRACTOR SHALL FIELD VERIFY ALL EXISTING CONDITIONS AND INFORM THE ARCHITECT ANDTHE ENGINEER OF ANY DISCREPANCY BETWEEN THESE DOCUMENTS AND THE EXISTING CONDITIONS AND SHALL INCLUDE IN THE BID TOCORRECT THE SAME AS DIRECTED. THE ENGINEERS ARE NOT RESPONSIBLE FOR ANY ADDITIONAL COSTS RESULTING FROM VERIFIABLEEXISTING CONDITIONS DISCOVERED AFTER CONTRACT HAS BEEN AWARDED. NO CHANGES SHALL BE MADE TO THESE PLANS WITHOUTPRIOR APPROVAL FROM THE ENGINEER OF RECORD. ALL CHANGES SHALL BE SUBMITTED FOR REVIEW PRIOR TO INSTALLATION. NOT FOR BID UNTIL PERMIT HAS BEEN ISSUED.3601 NW 2ND AVEBOCA RATON, FL 33431CERTIFICATION OFAUTHORIZATIONNO. 31989elec dept.TEL:954-644-9612mech dept.TEL:561-716-7120PM:SK1DART COMMENTS2020-09-09SITE PHOTOMETRICSPLANSOUTHEPH-101S1' = 30'-0"0 10' 20' 40'Luminaire ScheduleSymbolQtyLabelArrangementLLFDescription8WSINGLE0.900Cree Lighting OSQ-A-XX-4ME-B-30K-UL-XX / OSQ-BLSMF / Wall Mount5SBD1800.900Cree Lighting OSQ-A-NM-5ME-B-30K-UL-XX, 2@180°9SASINGLE0.900Cree Lighting OSQ-A-XX-4ME-B-30K-UL-XX / OSQ-BLSMFCalculation SummaryLabelCalcTypeUnitsAvgMaxMinAvg/MinMax/MinParking LotIlluminanceFc2.966.11.02.966.10SpillIlluminanceFc0.060.30.0N.A.N.A.806 Know what'sR807 808 809 810 East Building Looking South from MLK Jr. Blvd811 East Building Looking North to MLK Jr. Blvd812 East Building Interior Hallway813 East Building Interior Hallway814 East Building Unit Interior 815 North Building Looking North from MLK Jr. Blvd816 North Building Looking North from MLK Jr. Blvd817 North Building Looking South to MLK Jr. Blvd818 North Building Covered Plaza Looking North 819 North Building Covered Plaza Looking South820 North Building Interior Hallway821 North Building Unit Interior 822 North Building Unit Interior 823 North Building Unit Interior 824 West Building Looking South from MLK Jr. Blvd825 West Building Looking West to Seacrest Blvd826 West Building Unit Interior 827 West Building Unit Interior 828 West Building Unit Interior 829