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Agenda 02-13-241.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.Information Only A.Information on Request of Developer for TIF Funding for the Ocean One Project 10.Public Comments Community Redevelopment Agency Board Meeting Tuesday, February 13, 2024 - 6:00 PM City Hall Chambers, 100 E. Ocean Avenue and 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 1 11.Consent Agenda A.CRA Financial Report Period Ending January 31, 2024 B.Approval of the CRA Board Meeting Minutes for January 18, 2024 C.Approval of Purchase and Sale Agreement for Lots 348-350 NW 11th Avenue D.Approval of the Commercial Property Improvement Grant Program in the Amount of $28,525 to Gillion & Co. Inc. located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 107 E.Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $12,036 to Gillion & Co. Inc. located in the Heart of Boynton Shops at 137 NW 10th Avenue Unit 107 F.Approval of the Commercial Property Improvement Grant Program in the Amount of $27,625 to Agape Health & Wellness LLC located in Heart of Boynton Shops located at 137 NW 10th Avenue, Unit 102 G.Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $14,149 to Agape Health & Wellness LLC located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 102 H.Approval of the Commercial Property Improvement Grant Program in the Amount of $54,400 to Forward Leaders Group, LLC d/b/a Eat Dope Vegan located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 105 I.Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $11,550 to Forward Leaders Group, LLC d/b/a Eat Dope Vegan located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 105 J.Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $17,550.54 to Jken Boutique LLC located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 9 K.Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $9,150 to Casa Costa Cafe LLC d/b/a Cafe Prelude located in Casa Costa at 400 N. Federal Highway, Unit 8 12.Pulled Consent Agenda Items 13.CRA Advisory Board A.Discussion and Consideration of Direction and Assignments for CRA Advisory Board 14.Old Business A.Discussion and Consideration of the Termination of the Purchase and Development Agreement with 306 NE 6th Avenue LLC for the CRA Owned Property located at 211 E. Ocean Avenue B.Termination of the Interlocal Agreement between the CRA and the City for Partial 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. 2 Funding of Economic Development Plan Performed by Florida International University C.Consideration of Candidates for Selection of New Executive Director - TABLED 01/18/2024 D.Continued Discussion and Consideration of Purchase of 1111 S. Federal Highway 15.New Business A.Discussion and Consideration of Approval of Well Monitoring at 401 East Boynton Beach Boulevard B.Discussion and Consideration of a Request for Proposals for Property Appraisal Services C.Consideration of Fiscal Year 2022-2023 Budget Amendment for Unreserved Fund Balance D.Discussion and Consideration of an Interlocal Agreement (ILA) between the CRA and the City of Boynton Beach regarding Contract with Circuit Transit Inc. for the BBCRA Pilot Ride Share Program 16.CRA Projects in Progress A.Social Media & Print Marketing Update B.Social Media Outreach Program 1st Quarterly Report for FY 2023-2024 (October 2023 - December 2023) C.CRA Economic & Business Development Grant Program Update D.Neighborhood Officer Program 1st Quarter Report for FY 2023-2024 E.MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update - February 2024 17.Future Agenda Items A.Semi-Annual Progress Report for the Development Agreement with Wells Landing Apartments, LLC d/b/a Heart of Boynton Shops - March 2024 B.Semi-Annual Progress Report for the Purchase and Development Agreement with Wells Landing Apartments, LLC d/b/a Heart of Boynton Village Apartments - March 2024 C.Annual Progress Report for the TIRFA Agreement with Wells Landing Apartments, LLC d/b/a Heart of Boynton Village Apartments - March 2024 D.Discussion and Consideration of an Interlocal Agreement (ILA) for Technical Support Services with the City of Boynton Beach for Board Meeting Management - March 2024 E.Discussion and Consideration of a Purchase and Development Agreement between the CRA and Maple Tree Investments, LLC for the CRA-owned Property located at 401-411 E. Boynton Beach Boulevard - April 2024 18.Adjournment NOTICE 3 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. 4 •Attachment I - TIF Letter dated January 10, 2024 •Attachment II - Fishkind Analysis •Attachment III - Draft TIRFA Term Sheet dated January 10, 2024 •Attachment IV - Draft TIRFA Agreement COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 INFORMATION ONLY AGENDA ITEM 9.A SUBJECT: Information on Request of Developer for TIF Funding for the Ocean One Project SUMMARY: On J anuary 10, 2024, after coordinating with CRA Staff, BB1 Development, LLC, owner of +/- 3.71 acres located at 114/222 North Federal Highway, submitted an application for tax increment financing (“TIF”) for its proposed Ocean One project, described as a mixed-use development including 371 residential units as well as approximately 25,000 SF of retail/commercial space. The application materials submitted include a cover letter summarizing the project and request for TIF, an Economic and Fiscal Impacts and Financial Gap Analysis prepared by Fishkind Litigation Services, Inc., a term sheet, and a draft agreement, all of which are included as Attachments I-IV below. CRA staff is in the process of hiring an independent third-party financial consultant to assist in reviewing the financial information submitted. The application will be brought back to the Board for its consideration, along with CRA staff’s completed analysis and recommendations in the coming months. No action is required from the CRA Board at this time. FISCAL IMPACT: To be determined by the CRA Board. 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 5 January 10, 2024 1 888 Biscayne Boulevard, Ste. 101, Miami, FL 33132 |9 West 57th Street, New York, NY 10019 | (o) 305.416.7550 | www.hypdev.com Chair Ty Penserga Vice Chair Thomas Turkin Board Member Woodrow Hay Board Member Angela Cruz Board Member Aimee Kelley Boynton Beach Community Redevelopment Agency Timothy Tack, Acting Executive Director 100 E. Ocean Ave Boynton Beach, FL 33435 Re: 114/222 N Federal Highway - Public Parking Proposal and TIF Incentive Application Dear CRA Chair, Vice Chair, Board Members and Acting Executive Director, BB1 Development, LLC (“BB1”) is the owner of +/- 3.71 acres located at 114/222 North Federal Highway (the “Property”). The proposed project, Ocean One (“the Project”), is a mixed-use development including 371 residential units as well as approximately 25,000 SF of retail/commercial space. The Project has approximately 21,000 SF of green space and 36,000 SF of sidewalks and paved areas including a public plaza with outdoor seating connecting to the commercial space, accounting for over 35% of the total site area. In addition, the Project is incorporating green elements into the design such as energy efficient air conditioners, cool roof pavers, energy efficient LED lighting fixtures and 100% Energy Star rated appliances. The BB1 development team has worked closely with the City and CRA staff over the last year including adding design features at the building façade to achieve the aesthetic goals set forth by the City and to maintain the appropriate level of high quality design. Of the 371 units, 200 are housing units below 750 SF, which is a category of housing encouraged by the Boynton Beach zoning code for the purpose of providing a broader range of housing attainable at different income levels. The site plan for the Project was approved on April 18, 2023. The Project is providing many benefits to the City of Boynton Beach all of which are consistent with the Goals and Objectives of the CRA Plan as well as the CRA Downtown Vision and Master Plan. Together with this letter we are providing a report performed by economic consultant Hank Fishkind, an expert retained by municipalities across Florida in these matters. According to Mr. Fishkind’s report, the economic benefits include revenues to the City of Boynton Beach and the BBCRA of $81.0 million in direct property taxes and operating surplus (measured through the year 2061), plus indirect tax revenue of tens of millions of dollars. Job creation includes over 230 permanent jobs, and over 1,800 temporary direct and indirect jobs (over 1,400 directly related to the construction of the Project with over $111.0 million in earning potential). Mr. Fishkind’s analysis of Project benefits and capitalization gap concludes that it is necessary and appropriate for the Project to receive an award of $11.5 million from the CRA’s Tax Incentive Funding Program (“TIF”). BB1 has listened carefully to feedback from the public and city officials about the need for more public parking spaces in downtown Boynton Beach, and the expressed desire to incentivize BB1 to provide public parking. With this in mind, BB1 is proposing to provide 90 parking spaces within our garage for public parking, as outlined below. BB1 is also providing infrastructure investment above and beyond typical site requirements, to benefit the community. With these specific parking and infrastructure initiatives, BB1 is providing over $6.0 million in additional benefits directly responsive to the needs of the Boynton Beach community. 6 January 10, 2024 2 Parking Allocation Upon the Project’s site plan approval, the development team met with representatives from the INCA condo association, Mariner’s Village condo association, and the Casa Costa condo association to discuss the Project and the future of downtown Boynton Beach in general. It was clear that the public believes more public parking spaces are needed in order to accommodate current and future downtown amenities. While it is understood by Boynton Beach stakeholders that the Project is providing sufficient parking for its own needs and is not responsible beyond this, BB1 is willing to provide a parking solution which can add 90 public spaces by both creating new parking spaces and allocating current commercial-use only parking spaces to be used by the general public. The Project is currently approved for 653 parking spaces including both on -street and garage parking spaces. Of those parking spaces, 128 spaces are currently allocated for private commercial use by the future commercial tenants of the Project. After working with the architect of the Project, we are able to redesign the garage to add an additional 32 parking spaces in lieu of shrinking the garage for cost savings for a total of 160 spaces not designated towards residential units. Rather than realize the cost reduction, BB1 will provide these 32 parking spaces for use by the general public. In addition, BB1 will convert 58 previously commercial use-only spaces to public spaces (the total 90 spaces are the “New Public Parking Spaces”). The New Public Parking Spaces will be available for public use, and the remaining 70 parking spaces will continue to be dedicated to commercial tenants. BB1 will be responsible for managing and metering the New Public Parking Spaces and will retain such revenue. The New Public Parking Spaces are valued at $5.0 million. As summarized in the attached chart (Exhibit A), this valuation is derived from a baseline value from the TIF agreement with Affiliated Residential at 115 N Federal Highway in February 2023, in which 150 commercial parking spaces were converted to general public use in exchange for a $7.0 million TIF partnership. The Board may be aware that in 2017 the previous Project site owner received TIF for 75% of the full potential tax revenues over a period of 7 years and 50% of potential tax revenues for 1 year thereafter, equating to approximately $5.3 million in TIF value ($4.2 million in 2017 based on calculation from US Bureau of Labor Statistics) for developing half of the Project site with 231 units, approximately 8,500 SF of retail and the dedication of 50 public parking spaces (compared to BB1’s development of the entire site with 371 units, 25,000 square feet of commercial space, and almost double the public parking spaces in an environment of significantly higher construction costs and interest rates). Additional Public Benefits Infrastructure and Community Outreach BB1 has been working with the City of Boynton Beach as part of the Project site plan on several infrastructure items that benefit the surrounding properties that would typically not be included in a standard single development project. These include items such as a Sanitary Force Main Upgrade, Water Main Extension and Drainage Improvements. The total cost will be approximately $1.0 million. A detailed list of these items with their associated costs is provided by Kimley-Horn, the civil engineer on the Project, as Exhibit B. Prior to and during construction, BB1 will be partnering with a local community outreach partner in order to coordinate on issues pertaining to employment of City residents and jobs for Locally Owned Small Businesses. BB1 and the community outreach partner will host a job fair, when feasible give priority to qualified job applicants to participate in the construction of the Project and use good faith efforts to offer permanent job positions resulting from the Project to qualified City residents . Specifically, BB1 and the community outreach partner will notify and refer job training and job placement opportunities to the Boynton Beach Community High School and South Tech Academy in Boynton Beach in the event each are able and willing to provide such training. 7 January 10, 2024 3 Summary The TIF award is a critical component for the project to secure the construction financing it needs to begin construction. With a TIF in place and subject to lender and equity financing, BB1 anticipates filing for a building permit within the next 6 months. BB1 looks forward to delivering this transformative project to Boynton Beach and providing the needed public parking. BB1 is requesting the Project be provided with TIF equal to 95% of tax revenue, with a cap. Mr. Fishkind’s report notes the significant public benefits and recommends TIF assistance for gap capitalization of $11.5 million. When adding this amount to the $6.0 million of parking and infrastructure benefits being provided, the CRA can consider a cap at $17 million. In the interest of an expedient resolution so the project can secure construction financing and be ready to begin construction, BB1’s request is $11.5 million. This is essentially the amount Mr. Fishkind recommended the project requires for financing and would incorporate the millions in value being provided for 90 public parking spaces and infrastructure costs. In summary, our TIFRA request is broken down for the following Public Benefits: - Public Parking: $5,000,000 - Infrastructure: $1,000,000 - For Future BBCRA Tax Revenues From Project (Per Fishkind $11,5000,000) $5,500,000 - Total: $11,500,000 Thank you for your consideration. Sincerely, Robert Vecsler Principal and CEO, Hyperion CC: Daniel Dugger, City Manager Andrew Mack, Deputy City Manager Kathryn Matos, Assistant City Manager Adam Temple, Assistant City Manager Kathryn B. Rossmell, Esq., CRA Attorney Bonnie Miskel, Esq. 8 January 10, 2024 4 Exhibit A 9 January 10, 2024 5 Exhibit B 10 ` ECONOMIC AND FISCAL IMPACTS AND FINANCIAL GAP ANALYSIS FOR OCEAN ONE August 23, 2023 Prepared for Mr. Jordan Thaler, VP, Acquisitions BB1 Development LLC 888 Biscayne Boulevard, Suite 101 Miami, FL 33132 Prepared by Hank Fishkind, Ph.D. Fishkind Litigation Services, Inc. 3504 Lake Lynda Drive, Suite 107 Orlando, Florida 32817 Hankf@fishkindls.com Office: 407-382-3256 11 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 2 of 24 EXECUTIVE SUMMARY • BB1 Development LLC is planning the development of Ocean One, an eight-story, mixed-use development, of 371 units of market-rate, rental, apartments, 25,588 square feet of retail space, and 665 parking spaces. • The development of Ocean One will have a substantial impact on the economy of Boynton Beach and the surrounding county generating 1,835 construction jobs and supporting 238 permanent jobs in Boynton Beach. • Development of Ocean One will generate over $1.5 million per year in tax increment revenues for the Boynton Beach Community Redevelopment Agency. • BB1 Development LLC has agreed to provide (a) 90 public parking spaces at an estimated value of $5 million and (b) $1 million in extraordinary public infrastructure for the benefit of the City of Boynton Beach. • Development of Ocean One will also provide at current estimates over $2.2 million in non-ad valorem operating revenues to the City of Boynton Beach annually. In addition, the City will receive $1.1 million for Arts in Public Places, over $220,000 in park impact fees, and more than $220,000 in downtown capital contributions fees. • However, the capitalization and immediate development of Ocean One is currently significantly challenged due to sharp increases in construction costs and interest rates. • As a result, its projected rate of return now falls far below market levels. • The contribution of 75% of the incremental revenues generated by Ocean One to the BBCRA for ten years, totaling $11.5 million (present value of $8 million), closes the financial gap making the project financially viable. 12 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 3 of 24 1.0 Introduction 1.1 Assignment BB1 Development LLC commissioned Fishkind Litigation Services, Inc. (“FLS”) to: (a) measure the economic and fiscal impacts of its Ocean One project on Boynton Beach, and (b) quantify the tax increment financing (“TIF”) needed to make Ocean One financially feasible (“Gap Analysis”). 1.2 Overview of the Report Our report begins with an overview of the Ocean One project in Section 2. Section 3 presents the economic analysis measuring the jobs, earnings, and output supported by the construction and operation of Ocean One. Section 4 turns to the fiscal impacts of Ocean One on Boynton Beach’s CRA and City government. FLS calculates the revenues generated by Ocean One and the costs to provide public services to the project. Finally, Section 5 quantifies the financial gap for Ocean One and the amount of TIF needed to make the project financially feasible. 1.3 Limitations and Disclaimers Although our analysis is based on cost inputs from BB1 Development LLC that are consistent with our experience and from third party sources including Costar and Realtyrates.com, FLS is solely responsible for our findings, analysis, and conclusions. Our report uses the most current data available at the time of its publication, but we are not retained to provide updates as economic conditions may evolve in the future. 2.0 Overview of Ocean One 2.1 Location Ocean One is located at the southwest corner of Boynton Beach Boulevard and U.S. 1 North Federal Highway. The site is 3.71 acres bounded by East Ocean Avenue to the south and Northeast Sixth Court on the east. Figure 1 provides a location map. 13 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 4 of 24 Figure 1. Location Map for Ocean One 2.2 Development Plan Ocean One will be an eight-story, mixed-use development, with 371 units of market-rate, rental, apartments, 25,588 square feet of retail space, and 665 parking spaces. Table 1 summarizes the development program for Ocean One. 14 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 5 of 24 Table 1. Development Program Summary for Ocean One Uses Volumes Average Unit Size Estimated Monthly Rent Apartments Studio (1 bath) 42 592 $2,340 1BR (1 bath) 224 738 $2,492 1BR+D (1 bath) 14 815 $2,738 2BR (2 bath) 91 1,102 $3,691 ===== Total Apartments 371 814 Annual Retail square feet 25,588 $33.20 Parking Spaces 665 Source: Site Plan and Costar Underwriting Report for Avion Riverwalk. As discussed in more detail below, the estimated monthly rental rates are market determined. Based on our market analysis, the estimated rents in Table 1 are competitive with recently developed apartment projects in Boynton Beach. To be successful, Ocean One must be competitively priced and designed to promote a rapid rent up of the apartments and retail space. 3.0 Economic Impact Analysis 3.1 Overview Economic impact analysis calculates the economic effects of a change in economic activity on an area’s economy typically measured in terms of jobs, earnings, and value-added. In this application, the analysis focuses on the impacts on Boynton Beach’s economy from the construction and operations of Ocean One. Impacts from the construction phase and the ope rational phase of Ocean One are measured in terms of jobs, earnings, and value - added. FLS used the IMPLAN input-output modeling system as described below. The economic impacts are measured for Palm Beach County, because that is the smallest level of geog raphy for which reliable calculations can be developed. 15 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 6 of 24 3.2 Methodology To quantify the economic impact of Ocean One, FLS employed the IMPLAN input-output modeling system.1 IMPLAN is widely used by economists to calculate the economic impacts of developing commercial land uses or residential apartments. IMPLAN is routinely used by the State of Florida’s Department of Economic Opportunity.2 IMPLAN is a computer software package comprising procedures for estimating local input-output models using locally specific databases. IMPLAN was originally developed by the U.S. Forest Service in cooperation with the Federal Emergency Management Agency and the U.S. Department of the Interior's Bureau of Land Management to assist in land and resource management planning. Since 1993, the IMPLAN system has been developed under exclusive rights by the Minnesota Implan Group, Inc. which licenses and distributes the software to users. Currently, there are hundreds of licensed users in the United States including universities, government agencies, and private companies. The Department of Food and Resource Economics at the University of Florida is a licensed user of IMPLAN along with the State of Florida and many other governments and private companies. We have used IMPLAN widely in our work. Input-output modeling was developed in the 1930s by Nobel Prize winning economist Leontief.3 The methodology has been refined and used continuously since then.4 An input-output model is built around quantifying the interactions between industries (or sectors) within an economy. Each industrial or service activity within the economy (agriculture, mining, manufacturing, trade, services, etc.) is assigned to an economic sector with the number of sectors determined by the level of detail desired. Then, for a one-year production period, a transactions table reflects the value of goods and services exchanged between sectors of the economy. The transactions table contains three components of the local economy: producing industries, final demand, and value added, which capture all transactions within the economy. The transactions table shows how much each local industry purchased and/or sold to every other industry within the local economy. Values are expressed in dollars and track the movement of goods and services between industry sectors and between producing industries and final demand and value-added components of the economy. 1 www.IMPLAN.com 2 http://www.floridajobs.org/labor-market-information/products-and-services/economic-impact- analysis 3 Leontief, Wassily (1936), “Quantitative Input-Output Relations in the Economic System of the United States”, Review of Economics and Statistics, Volume 18, pages 105-125. 4 See Miller, Ronald E. and Peter D. Blair (2009), Input-Output Analysis, Cambridge University Press: NY, NY. 16 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 7 of 24 Impact analysis using an input-output model is conducted by estimating the changes in final demand. Producing industries then respond directly by selling to final consumers or indirectly by selling goods and services (intermediate inputs) to other industries. The IMPLAN software and database quantify both the estimation of the transactions table for specific local areas and the resulting tables to estimate multipliers that capture the direct and indirect effects of changes in final demand. IMPLAN calibrated for the Palm Beach County (the smallest geography available) was used in this analysis. In this application the change to final demand is calculated for each of the two land uses, retail and residential. The analysis is provided for the construction of each land use and for its operating impacts once constructed and occupied. 3.3 Construction Period Impacts BB1 Development LLC plans to begin the construction of the Project in 2024 with completion in June 2026. Construction costs are estimated at $110 million. Table 2 summarizes the economic impacts during the 31 -month construction period. During the construction period the project will support 1,835 jobs measured on a full-time equivalent basis. Of these, 1,456 will be directly supported by the construction with the balance being indirectly supported or induced by the flow of construction spending. More than $111 million in earnings will be generated with value-added more than $170 million. Table 2. Economic Impact Summary Construction Period of Ocean One Category Jobs Earnings $M Value Added $M Direct 1,456 $88 $130 Indirect 143 $9 $15 Induced 236 $14 $25 ======= ======= ======= Total 1,835 $111 $171 Source: IMPLAN and FLS 17 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 8 of 24 3.4 Permanent Economic Impacts Ocean One is projected to be fully occupied and operational by January, 2027. As Table 3 shows, the spending by the occupants of the 371 apartments and the sales at the 25,588 square feet of retail/commercial space will support 238 jobs with $12 million per year in earnings having a value added of $19 million. Table 3. Economic Impact Summary Stabilized Operations of Ocean One Category Jobs Earnings $M Value Added $M Direct 95 $3 $4 Indirect 12 $1 $1 Induced 131 $8 $14 ======= ======= ======= Total 238 $12 $19 Source: IMPLAN and FLS 4.0 Fiscal Impacts 4.1 Overview In this application, fiscal impacts measure the cost and revenue effects of Ocean One on the budgets of Boynton Beach and its CRA (“BBCRA”). Exhibit #1 contains a complete fiscal impact analysis and report. The results are summarized below. 4.2 Methodology FLS calculates fiscal impacts based on: (a) the latest adopted budgets for the government; (b) Florida laws governing CRAs and property taxation; and (c) demographic data on population, employment, and visitor volume. For a general-purpose government, like the City, the analysis includes all revenues and expenditures in for the following funds: (a) general, (b) special revenue, (c) permanent, (d) internal service, (e) pension, and (f) component units. The debt service fund is excluded, because it relates to prior capital projects and is funded from existing pledged revenues. The capital project fund is not included, because development projects like Ocean One are required to offset their capital impacts in the entitlements process. Finally, the enterprise fund comprised operations that are self-funding through their fees and charges. 18 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 9 of 24 To quantify the fiscal impacts of Ocean One on the City, FLS uses the modified per capita approach. Excluding ad valorem revenues, each revenue and expenditure account in the City’s budget is examined to determine if it is associated with population, employment, or visitor volume. For example, law enforcement (accounts 521.10, 521.30, and 521.60) is provided to all residents, visitors, and employees. Law enforcement cos t is divided by the full-time equivalent number of residents, visitor, and employees. This weighted expenditure is applied to Ocean One to measure its impacts on law enforcement cost. Other revenue and expenditure accounts are only related to residents. For instance, municipal revenue sharing (account 335125) is determined from a population formula. So, only residents are used to calculate the per capita revenue sharing figure to apply to Ocean One’s residents. The BBCRA was established by City Ordinances 82-KK and 83-41. BBCRA is an independent agency and component unit of the City. BBCRA is governed by a board comprised of elected officials. The BBCRA’s primary revenue source is tax increment revenues collected from the City and Palm Beach County within the legally defined redevelopment area of the BBCRA. BBCRA staff informs that for FY2022-23, the BBCRA will receive revenues based on the City millage rate of 7.85, and the County’s general fund millage rate of 4.715 for a combined millage of 12.5 65. The development of Ocean One will not necessitate any increase in BBCRA staff or operating costs. Additionally, Ocean One will not have a material impact on other non-ad valorem revenues for the BBCRA. Therefore, our analysis of the fiscal impact of Ocean One on BBCRA will focus in its impact on BBCRA ad valorem revenues. 19 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 10 of 24 4.3 Fiscal Impacts of Ocean One on the City’s Budget The fiscal impact of Ocean One on the City’s budget is summarized in Table 4. The analysis is presented in constant $2023 dollars without trending for inflation. Upon completion, Ocean One will have a taxable value of $177 million. Ninety-five percent of the ad valorem tax revenue from Ocean One will be transferred to the BBCRA because the project is within the BBCRA area. However, Ocean One will also generate almost $2.3 million per year of other revenues for the City. The City will incur significant annual expenses to provide governmental services to Ocean One totaling $1.5 million. On a net basis, Ocean One will contribute about $700,000 per year to the City’s budget. Table 4. Fiscal Impact of Ocean One on the City of Boynton Beach Constant $2023 Dollars Year Assessed Values Ad Valorem Ad Valorem Transferred to BBCRA Total Operating Revenue Total Operating Expenditure Net Fiscal Impact 2027 177,087,194 1,390,134 (1,335,666) 2,251,049 1,534,141 716,907 2031 184,418,709 1,447,687 (1,393,219) 2,251,049 1,534,141 716,907 2036 194,015,408 1,523,021 (1,468,553) 2,251,049 1,534,141 716,907 2046 214,748,175 1,685,773 (1,631,305) 2,251,049 1,534,141 716,907 2056 237,719,798 1,866,100 (1,811,632) 2,251,049 1,534,141 716,907 2061 250,120,839 1,963,449 (1,908,981) 2,251,049 1,534,141 716,907 4.4 Fiscal Impacts on the CRA’s Budget Table 5 shows the fiscal impacts of Ocean One on the BBCRA’s budget. The assessed value is estimated based on the cost for Ocean One’s development provided by BB1 Development LLC and discussed more fully below. In the initial years, the property appraiser assesses commercial properties based on the cost approach. Over time the appraiser shifts to the income approach. FLS projects that the residential property values will appreciate at a 1% real rate (1% more than inflation) and the retail component will escalate at a 1.5% real rate. The ad valorem values for the BBCRA revenues are calculated at the effective BBCRA millage rate totaling 9.55 in FY 2020 (the latest year for which full information is available). This effective rate includes consideration of the 95% share of ad valorem revenues the CRA receives as well as the assessment ratio applied by the property appraiser to just values of property to adjust from market value to assessed value. 20 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 11 of 24 Table 5. Fiscal Impact of Ocean One on the Boynton Beach Community Redevelopment Agency’s Budget Years Ocean One Assessed Value Ocean One Ad Valorem 2013 Ad Valorem Ad Valorem Increase County Increment Total Tax Increment Revenues 2027 177,087,194 1,390,134 54,468 1,335,666 289,253 1,624,919 1,543,673 2028 178,892,041 1,404,303 54,468 1,349,835 292,321 1,642,155 1,560,048 2029 180,715,447 1,418,616 54,468 1,364,148 295,421 1,659,569 1,576,590 2030 182,557,605 1,433,077 54,468 1,378,609 298,552 1,677,162 1,593,303 2031 184,418,709 1,447,687 54,468 1,393,219 301,716 1,694,935 1,610,188 2032 186,298,956 1,462,447 54,468 1,407,979 304,913 1,712,891 1,627,247 2033 188,198,548 1,477,359 54,468 1,422,891 308,142 1,731,033 1,644,481 2034 190,117,684 1,492,424 54,468 1,437,956 311,404 1,749,360 1,661,892 2035 192,056,569 1,507,644 54,468 1,453,176 314,701 1,767,877 1,679,483 2036 194,015,408 1,523,021 54,468 1,468,553 318,031 1,786,584 1,697,254 2037 195,994,410 1,538,556 54,468 1,484,088 321,395 1,805,483 1,715,209 2038 197,993,784 1,554,251 54,468 1,499,783 324,794 1,824,577 1,733,348 2039 200,013,744 1,570,108 54,468 1,515,640 328,228 1,843,868 1,751,674 2040 202,054,504 1,586,128 54,468 1,531,660 331,697 1,863,357 1,770,189 2041 204,116,280 1,602,313 54,468 1,547,845 335,202 1,883,047 1,788,895 2042 206,199,293 1,618,664 54,468 1,564,196 338,743 1,902,940 1,807,793 2043 212,577,977 1,635,185 54,468 1,580,717 342,321 1,923,037 1,826,885 2044 214,748,175 1,651,875 54,468 1,597,407 345,935 1,943,342 1,846,175 2045 216,940,741 1,668,737 54,468 1,614,269 349,587 1,963,856 1,865,663 2046 219,155,909 1,685,773 54,468 1,631,305 353,276 1,984,581 1,885,352 Total 30,668,302 1,089,360 29,578,942 6,405,631 35,984,572 34,185,344 At stabilization in 2027, Ocean One will contribute $1.5 million to the BBCRA. Over time this increases based on our assumptions concerning real property appreciation. 4.5 Value of Public Spaces and Amenities provided by Ocean One Not only will Ocean One generate a positive fiscal impact for the City’s budget and over $1.5 million to the BBCRA, the development plan for Ocean One includes nearly an acre of public greenspace with full hardscape and landscaping featuring a large public plaza fronting Ocean Avenue. These public greenspaces and hardscaping have an estimated cost in excess of $400,000 without consideration of land costs. 21 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 12 of 24 5.0 Financial Gap Analysis 5.1 Overview Financial gap analysis compares the financial performance of a development project with and without financial support. Financial support may be justified when a project requires financial support to allow it to achieve a rate of return commensurate with market rates for projects of similar characteristics and risk profiles. Financial performance for rental apartment projects is measured at the time the project achieves stabilized operations. At that time , projects are either sold to investors or refinanced. The value of the project is determined at that time via the income approach using the capitalization of income method (“Cap Rate”).5 The value of the project is calculated by dividing the project’s stabilized net operating income (“NOI”) by the Cap Rate. For example, if the stabilized NOI is $100 and the Cap Rate is 10%, the value of the project is $1,000. Cap Rates are market determined rates estimated from the data on the sales of apartment projects and their stabilized NOIs. These data are readily available from a variety of reliable sources. FLS uses Costar. The development of Ocean One is no longer financially feasible due to recent sharp increases in construction costs and interest rates. As a result, its projected rate of return now falls far below market levels. The contribution of 75% of the incremental revenues generated by Ocean One to the BBCRA for ten years, totaling $11.5 million (present value of $8. million), closes the financial gap enhancing the financial viability of the project. 5.2 Methodology Real estate development projects, like Ocean One, use detailed and highly proprietary cash flow pro forma models for planning, analysis, decision making, financing, and monitoring. BB1 Development LLC provided FLS with a copy of its financial model, and we used it as the foundation for our analysis. FLS then developed our own independent financial analysis. Cost Analysis Public records show that BB1 Development LLC acquired the land for Ocean One for $12 million. The project is planned for 668,643 total square 5 Fishman, Jay et al. (2012), Guide to Business Valuation, Thompson-Reuters, Section 503. 22 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 13 of 24 feet of space inclusive of the rental apartments, retail space, and parking area. Of this, 327,456 are projected to be rentable square feet. Development costs are estimated at $255 per gross square foot and $511 per rentable square foot. These estimates are consistent with other projects FLS is participating in and reasonable based on current cost estimates from RH Means. Total project cost for Ocean One is estimated at $170 million. Calculations for Stabilized NOI for Ocean One Apartment rental rates rose strongly in 2021 and 2022 across the U.S. and in the relevant marketplace for Ocean One in Boynton Beach , as shown in Figure 2. For comparative purposes, FLS chose Pacifica along with 17 other comparable apartment projects as shown in Table 6. Pacifica’s effective rent per square foot jumped from about $1.60 in 2020 to an average of $2.60 in 2022. Comparable rents in the marketplace rose f rom $1.45 per square foot in 2020 to $2.25 by 2022. Rents in other Boynton Beach projects and in similar projects in Palm Beach County followed similar trajectories. However, rental rate escalation stopped in 2022 as rents flattened out. Figure 2. Overall Effective Rents per Square Foot Source: Costar 23 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 14 of 24 Table 6. Comparable Apartment Projects Property Name/Address Yr. Built Units Avg Unit SF Rent/SF 500 OCEAN 101 S Federal Hwy 2018 341 934 $2.59 Avion Riverwalk 630 E Woolbright Rd 2023 319 1,019 $3.10 Pacifica 1100 Audace Ave 2019 324 973 $2.58 Santorini at Renaissance… 1645 Renaissance Comm… 2018 226 830 $2.54 Sea Lofts at Boynton Village 600 Sea Lofts Dr 2020 433 1,007 $2.52 One Boynton 1351 S Federal Hwy 2009 494 1,152 $2.47 Manor Lantana 900 Water Tower Way 2021 348 1,164 $2.40 High Ridge Landing 3609 High Ridge Way 2016 184 1,049 $2.26 Ashley Lake Park 5020 Ashley Lake Dr 1987 300 888 $2.23 Whalers Cove 2301 S Congress Ave 1991 136 1,144 $2.19 Cortland West Boynton 7933 Venture Center Way 2000 264 1,143 $2.12 Verona at Boynton Beach 1575 SW 8th St 2002 216 1,097 $2.09 Seabourn Cove 3501 S Federal Hwy 2012 456 1,302 $2.07 Manatee Bay Apartment… 1632 N Federal Hwy 2014 264 1,169 $2.05 Monteverde at Renaissance… 1625 Renaissance Comm… 2006 219 1,153 $2.00 Latitude Pointe 9873 Lawrence Rd 1989 280 1,061 $1.96 The Cove at Boynton Bea… 100 Newlake Dr 1996 548 1,202 $1.87 Gateway Club 3930 Max Pl 1999 319 1,228 $1.84 Quantum Lake Villas 2700 Quantum Lakes Dr 2002 863 1,195 $1.81 Source: Costar 24 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 15 of 24 Figure 3 highlights how apartment rents shot up starting in mid-2020 and then deescalated after peaking in mid-2021. Rents stopped rising by mid- 2022. As discussed below, rental rates are expected to remain flat over the next few years due to additional supplies of new units and affordability constraints. Figure 3. Growth in Effective Rents per Square Foot shwo Source: Costar The timing of new construction of apartments also affects rent levels. Figure 4 shows the volume of new construction of apartments in the relevant market area for Ocean One. Construction volume ramped up from 2015 - 2017 with annual volumes well above the 400-unit per year average. The delivery of these units kept rents rising very slowly thereafter as reflected in Figures 2 and 3. As new construction volume eased, the restraining influence of new unit deliveries was one of the factors allowing the sharp rise in rents from mid-2020 to mid-2022. Construction volume has rebounded in 2022 and 2023 with more than 600 new units per year expected. This new supply will restrain rental growth in the near term. 25 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 16 of 24 Figure 4. Past and Future Deliveries of Apartment Units Source: Costar Developers strive for rapid lease up of their projects when construction is completed. Pre-leasing efforts have resulted in strong initial occupancy levels as Figure 5 illustrates. Projects delivered last year were fully leased upon delivery. Figure 5. New Construction Occupied by Year Built Source: Costar 26 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 17 of 24 As discussed previously and shown in Table 1, FLS expects Ocean One to price its rents to be competitive in the marketplace and to foster rapid lease up. Full lease up at or soon after delivery is reasonable for a new project delivered to the market like Ocean One assuming competitive rental pricing. Ocean One projects stabilization within 7-months of delivery as of January 2027. Table 7 displays FLS’s projection for net operating income for Ocean One at stabilization in 2027. Cost and revenue figures are in 2023 dollars without adjustment for inflation or escalations. This provides the most reliable basis to estimate NOI, because the calculations are based on current known data along with contemporary estimates. At stabilization, Ocean One is projected to generate $14.9 million in potential rent from its apartment units, retail space, parking, and other ancillary sources. Vacancy is projected at 3% and bad debt at 1% of gross revenue. This results in estimated effective gross rent of $1 4.3 million at stabilization. 27 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 18 of 24 Table 7. Calculation of Net Operating Income for Ocean One Category $ Stabilization Potential Rent $14,876,976 Less Vacancy $446,309 Less Bad Debt $133,893 ========== Effective Gross Revenue Other Income Total Revenues $14,296,774 $571,871 $14,868,645 Operating Expenses $2,676,356 Real Estate Taxes $3,371,328 Management Fees $446,059 ========== Total Expenses $6,439,774 ========== NOI $8,428,902 Source: FLS Operating expenses of $2.7 million are based on an industry standard expense ratio of 18% of effective gross revenue. Real estate taxes of $3.4 million were estimated based on the $177 million taxable values of Ocean One, the assessment ratio in Palm Beach County for commercial properties as per Florida law (allowing for cost of sale and other constitutionally required allowances), and current millage rates. Management fees of 3% of effective gross income are standard in the industry. Total expenses of $6.4 million represent 45% of total revenues. This overall expense ratio is consistent with industry norms.6 Furthermore, it is also comparable to the recent sale of 500 Ocean, a nearby comparable community to Ocean One, which closed in June of 2021 as reported by Costar. On this basis, Ocean One is projected to achieve a stabilized NOI of $8 million. It is this amount that is used to estimate the market value of Ocean One at stabilization using the Cap Rate methodology from the income approach to value. 6 Camden Property Trust Form 10K for December 2020, page 25. 28 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 19 of 24 Determining the Cap Rate As discussed above, the Cap Rate is the ratio of NOI to sales price for income producing properties like Ocean One. Cap Rates are determined in the marketplace. There are many representative sales of apartment projects in the relevant market area. Figure 6 shows the Cap Rates for Palm Beach County and for the U.S. from 2003 through 2022 with projections to 2027. Since 2009 Cap Rates for apartment projects have declined precipitously and are running in the 5% range for the U.S. and at about 4.25% in Palm Beach County. Figure 6. Market Cap Rates Source: Costar Costar projects no material changes to the Cap Rates for apartments in the U.S. or in Palm Beach through 2027. These metrics are applicable to the relevant market in Boynton Beach. The recent sale of 500 Ocean in 2021 confirms this with its Cap Rate of 4.3% reported by Costar. Stabilized Value of Ocean One FLS estimated the value of Ocean One at stabilization using the income approach to value employing the Cap Rate method. FLS valued Ocean One on a fair market basis as a going concern. With a projected NOI at stabilization of $8.429 million and the Cap Rate of 4.50 %, Ocean One has a value at stabilization of $187.309 million. Since stabilization is projected in 2027, the present value of Ocean One is $174.258 million. 29 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 20 of 24 5.3 Financial Analysis and Quantification of the Financial Gap Table 8 shows the calculations for the financial gap analysis. As noted above, Ocean One has stabilized present value of $174.258 million. Without financial support, the profit from development is $4.209 million which is a rate of return of just 2.42%. A 2.42% rate of return is far below market rates and would not justify the development of Ocean One. The market rate of return can be readily determined from the Cap Rate. The profit margin, or more precisely the required market rate of return, is equal to the Cap Rate plus the long-term average expected growth rate in NOI.7 Over time, it is reasonable to project that Ocean One would achieve a long-term 3.0% compound rate of increase in NOI on average. Therefore, the market rate of return is 7.50% (4.50% Cap Rate + 3.0% expected growth rate of NOI). Table 8. Financial Gap Analysis Category Project without TIF Project with TIF Acquisition Costs $12,550,000 $12,550,000 Development Cost $157,499,589 $157,499,589 ============ ============ Total Cost $170,049,589 $170,049,589 Stabilized NOI $8,428,902 $8,428,902 Capitalization Rate 4.50% 4.50% ============ ============ Stabilized Value $187,308,924 $187,308,924 Present Value Stabilized $174,258,392 $174,258,392 Present Value of TIF $0 $7,966,289 ============ ============ Profit $4,208,803 $12,175091 Rate of Return 2.42% 6.99% Rate of Cost 2.48% 7.16% Annual TIF Amount $0 $1,150,000 TIF Term Years 0 10 Source: FLS 7 Fishman, Op. Cit. 30 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 21 of 24 To close this financial gap and to reach the market rate of return of 6.99%, Ocean One will need tax increment funding (“TIF”) of $1,150,000 per year for 10-years once it is stabilized and producing its full increment of tax revenue to the CRA as discussed previously in Section 4. TIF support at this level represents approximately 75% of the incremental ad valorem tax revenue generated by Ocean One for the BBCRA. 6.0 Conclusions and Request for TIF Support 6.1 Summary of Results The development of Ocean One will make substantial contributions to the economy of Boynton Beach, augment the supply of workforce housing, provide a positive fiscal impact on the City’s budget, and generate over $1.5 million per year in revenue to the BBCRA. 6.2 Request for TIF Support Sharply escalating development costs coupled with the recent jump in interest rates has compromised the financial feasibility of Ocean One. To close the financial gap, Ocean One requests that the BBCRA contribute about 75% of the incremental revenue generated by Ocean One totaling $1.5 million per year for ten years following project completion and stabilization. 31 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 22 of 24 Exhibit #1 Fiscal Impact Analysis Provided under separate cover. 32 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 23 of 24 Exhibit #2 Avion Riverwalk Apartments Market Survey by Costar Provided under separate. 33 Economic and Fiscal Impacts and Financial Gap Analysis for Ocean One Page 24 of 24 Exhibit #3 Boynton/Lantana Retail Submarket Market Survey by Costar Provided under separate. 34 FISCAL IMPACT ANALYSIS OCEAN ONE APARTMENT PROJECT BOYNTON BEACH, FL. EXHIBIT 1 August 23, 2023 Prepared for Mr. Jordan Thaler, Acquisitions BB1 Development LLC 888 Biscayne Boulevard, Suite 101 Miami, Florida 33132 2 Fishkind Litigation Services, Inc. 3504 Lake Lynda Drive, Suite 107 Orlando, Florida 32817 407-382-3256 WWW.Fishkindls.com 35 ` Page 2 of 15 ______________________________________________________________________ Fiscal Impact Analysis Ocean One Apartment Project ______________________________________________________________________ 1.0 Introduction and Summary of Results 1.1 Background BB1 Development LLC is planning the development of 371 units of market rate, rental apartments and 25,588 square feet of neighborhood retail space on property that is in City of Boynton Beach, FL, (the “Project”). 1.2 Assignment BB1 Development LLC retained Fishkind Litigation Services, Inc. (“FLS”) to analyze fiscal impact (the cost and revenue effects) of the proposed change on the City of Boynton Beach This report focuses on the fiscal impacts of the proposed change on the City. 1.3 Summary of Results The development of Ocean One Apartments will have very significant, positive, fiscal impacts on the City as shown in Table 1. This analysis is based on the projected development of planned for: 371 market rental apartments and 25,588 square feet of neighborhood retail space absorption over one phase and strong property values produces an annual fiscal surplus of $716,000 after transfers to Boynton Beach CRA. As Table 2 shows, on a cumulative basis the operating surplus is $3.584 million by 2031 growing to $25.091 million by 2061. By 2061 the present value at 5% interest of the net fiscal impact is estimated at $11.738 million. 36 ` Page 3 of 15 Table 1 Summary of Fiscal Impacts Ocean One Mixed Use Project Net Fiscal Impacts for Selected Years Year Assessed Values Ad Valorem Ad Valorem Transferred to BBCRA Total Operating Revenue Total Operating Expenditure Net Fiscal Impact 2027 177,087,194 1,390,134 (1,335,666) 2,251,049 1,534,141 716,907 2031 184,418,709 1,447,687 (1,393,219) 2,251,049 1,534,141 716,907 2036 194,015,408 1,523,021 (1,468,553) 2,251,049 1,534,141 716,907 2046 214,748,175 1,685,773 (1,631,305) 2,251,049 1,534,141 716,907 2056 237,719,798 1,866,100 (1,811,632) 2,251,049 1,534,141 716,907 2061 250,120,839 1,963,449 (1,908,981) 2,251,049 1,534,141 716,907 Table 2 Summary of Fiscal Impacts Ocean One Mixed Use Project Cumulative Net Fiscal Impacts Year Cumulative Impact Interest Rate Years Present Values 2031 $3,584,537 5.0%5 $3,103,834 2036 $7,169,075 5.0%10 $5,535,770 2046 $14,338,150 5.0%20 $8,934,252 2056 $21,507,225 5.0%30 $11,020,625 2061 $25,091,762 5.0%35 $11,738,783 37 ` Page 4 of 15 2.0 Methodology 2.1 Overview The client requested a submission of a fiscal impact report quantifying the costs and revenue impacts on the City’s budget from the proposal to construct the mixed- use project consisting of 371 apartments and 25,558 of retail space on the +/- 3.7 acres located at 114/222 N. Federal Highway. The fiscal impact study is a set of statistical data and information based on new development in a jurisdiction. Its purpose is to legally justify to the City of Boynton Beach the ability to provide capital improvement, mill levy increases, as well as impact fees. The Fiscal Impact Analysis encompasses multiple methods to demonstrate that a development will pay the full costs of all public facilities and services that are required to support the development. The client has requested a study as backing or support for any amendment or change to their subdivision regulations. Fiscal impact analysis seeks to connect planning and local economics by estimating the public costs and revenues that result from change in the land use. This type of analysis is required to meet the full costs of all public facilities and services that are required to support the development and that are required to meet the level of services standards adopted by the City of Boynton Beach. To accomplish consistency in the analysis FLS complies with the guide standards prepared for Sarasota County by AECOM in support of permitting for the Project. Our analysis is conducted according to the 2015 report by AECOM. AECOM outlines several methodologies to conduct the fiscal impact analysis including the per capita approach.1 AECOM notes that the per capita methodology the most used type of analysis. The per capita approach estimates the cost of providing services on a per unit basis. The unit varies depending upon how the services are used and can include: per person, per employee, and per visitor. Similarly, most City and City revenues are appropriately estimated on a per capita basis again depending upon the revenues generated. FLS uses all these factors depending upon the expenditure or revenue category involved. For example, law enforcement and public safety are provided to all residents, visitors, and employees. FLS measures residents, visitors, and employees on a full-time equivalent (“FTE”) basis. However, not all expenditures or all revenues are generated by residents, visitors, and employees. State revenue sharing funds are provided through a population-based formula, so for this revenue item FLS only uses population. FLS’s application of the per capita method for both revenues and expenditures is consistent with AECOM. 1 AECOM (2015), page 2. 38 ` Page 5 of 15 FLS uses all categories of revenue and expenditures included in the City of Boynton Beach budget (but not all fund types as discussed above). The FY2021 actual reported to the State includes 54 revenue line items and 62 expenditure categories. Not all revenues and expenditures relate to the fund types included in our analysis. As discussed above, except for ad valorem tax revenues, each category of revenue and expenditure is included and analyzed using the modified per capita approach. It is impractical to discuss each category. However, FLS has included our fiscal impact analysis model in excel with this report to provide a full and detailed submission of our calculations. Ad valorem revenues are calculated directly based on the development program, product valuation, and do not include any estimates for homestead exemptions. All other revenues are estimated via the per capita, unit, approach with the unit varying as required. Capital impacts are measured by the formulae for impact fees. The city of Boynton Beach does have city parks and recreation facilities impact fees. In addition, the Project pays impact fees to Palm Beach County. 2.2 Operating Revenues Except for ad valorem revenues, which are discussed in more detail below, operating revenues were calculated using the modified per capita method based on the City’s actual for FY2021 as reported to the State of Florida, Division of Banking. Consistent with the AECOM parameters, FLS included the following fund types: (a) general fund; (b) special revenue fund; (c) debt service fund; (d) permanent fund; (e) internal service; (f) pension; and (g) component. FLS excluded the following fund types: (a) debt service; (b) capital projects; and (c) enterprise. The debt service fund relates to prior commitments and is not directly impacted by future growth or the Project. While the Project will contribute to this fund, the impact is relatively small. The impact of the Project on capital funds is calculated separately, so this fund is excluded to avoid double counting. The e nterprise fund is also excluded because enterprise funds are designed to be self-funding. Ad valorem taxes generated by the Project are a function of: (a) the development program for the Project; (b) its projected valuation and absorption; and (c) the City’s adopted millage rates for general revenue totaling 7.85 mills Concerning timing, FLS takes a stricter and more conservative approach then AECOM. FLS recognizes that there is a 4-year lag between the time apartment units are permitted and consuming services, and the time that property is included in the tax roll and paying ad valorem taxes. 39 ` Page 6 of 15 2.3 Operating Expenses Operating expenses are correctly calculated by fund type using the m odified per capita approach. As noted above, the per capita units are carefully tailored to the type of expenditure. We have included impacts from residents and employees measured on an FTE basis and included FTE visitors who also consume these services. 2.5 Capital Revenues / Expenditures As noted previously, Boynton Beach has city parks and recreation facilities impact fee. Impact fees requirement for the Project. All other impact fees are paid to Palm Beach County. The Developer has agreed to provide (a) 90 public parking spaces at an estimated value of $55,500/space for a total of $4.995 million, and (b) $1 million in extraordinary public infrastructure. 3.0 Development Program The fiscal impact analysis is based exclusively on the projected development of Ocean One apartments and retail space. The development program, absorption, is provided in detail in Table.4. As per Table 3 the Project is absorbed in one phase having a property value of more than of $ 170 million . Table 3 Ocean One Mixed Use Project Property Valuation Category Building Type Target Audience Units Average Average Property Multi Family Apartment 8 Stories Market Rate Rental 371 439,718$ 163,135,458$ Category Building Type Target Audience Square Feet Average Property Value Per SF Average Property Value Per Category Commercial/Retail Neighborhood Retail Local Market 25,588 270$ 6,914,131.49 Total 170,049,589$ 40 ` Page 7 of 15 4.0 Fiscal Impact – Operating Revenues and Expenses – Tables 5,6,7,8, and 9 Using the methodology described in Section 2, the fiscal impacts of Ocean One on the City’s operating budget are summarized below in Table 5. The Project produces a fiscal surplus in the amount of $716,907 net of transfers to Boynton Beach CRA, when its value is included in the City’s taxable value base determined by the property appraiser. By 2036 at 10 years the net fiscal impact cumulative total of nearly $7,169,075 The strong growth in net fiscal surpluses is driven by the gains in total taxable values. Table 6 displays the growth in taxable value generated by the Project. Taxable value rises from almost $177 million in 2027 to more than $250 million by 2061. Table 4 Ocean One Development Scenario Real Estate on Tax Roll 2024 2025 2026 2027 2028 Total Multi Family-371 Unit - - - 371 - 371 Commercial/Retail-23,853 SF - - - 25,588 - 25,588 Permits for Construction 2024 2025 2026 2027 2028 Total Multi Family-371 Unit 371 - - - - 371 Commercial/Retail-23,853 SF 25,588 - - - - 25,588 Table 5 Ocean One Mixed Use Project Fiscal Impact - Operating Revenue and Expenditures Year Assessed Value Ad Valorem Ad Valorem Transferred to BBCRA Total Operating Revenue Total Operating Expenditure Net Fiscal Impact Cumulative Net Fiscal Impact 2027 177,087,194 1,390,134 (1,335,666) 2,251,049 1,534,141 716,907 716,907 2031 184,418,709 1,447,687 (1,393,219) 2,251,049 1,534,141 716,907 3,584,537 2036 194,015,408 1,523,021 (1,468,553) 2,251,049 1,534,141 716,907 7,169,075 2046 214,748,175 1,685,773 (1,631,305) 2,251,049 1,534,141 716,907 14,338,150 2056 237,719,798 1,866,100 (1,811,632) 2,251,049 1,534,141 716,907 21,507,225 2061 250,120,839 1,963,449 (1,908,981) 2,251,049 1,534,141 716,907 25,091,762 41 ` Page 8 of 15 Table 6 Ocean One Mixed Use Project Taxable Property Values 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Residential Development Multi Family-371 Unit 170,292,010 171,994,930 173,714,880 175,452,028 177,206,549 178,978,614 180,768,400 182,576,084 184,401,845 186,245,864 Total Taxable Value -Residential 170,292,010 171,994,930 173,714,880 175,452,028 177,206,549 178,978,614 180,768,400 182,576,084 184,401,845 186,245,864 Commercial/Retail Neighborhood Retail 6,795,183 6,897,111 7,000,568 7,105,576 7,212,160 7,320,342 7,430,148 7,541,600 7,654,724 7,769,545 Total Taxable Value -Commercial /Retail 6,795,183 6,897,111 7,000,568 7,105,576 7,212,160 7,320,342 7,430,148 7,541,600 7,654,724 7,769,545 Total Taxable Value 177,087,194 178,892,041 180,715,447 182,557,605 184,418,709 186,298,956 188,198,548 190,117,684 192,056,569 194,015,408 Table 6 Ocean One Mixed Use Project Taxable Property Values 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 Residential Development Multi Family-371 Unit 188,108,322 189,989,405 191,889,299 193,808,192 195,746,274 197,703,737 199,680,774 201,677,582 203,694,358 205,731,302 Total Taxable Value -Residential 188,108,322 189,989,405 191,889,299 193,808,192 195,746,274 197,703,737 199,680,774 201,677,582 203,694,358 205,731,302 Commercial/Retail Neighborhood Retail 7,886,088 8,004,379 8,124,445 8,246,311 8,370,006 8,495,556 8,622,990 8,752,334 8,883,619 9,016,874 Total Taxable Value -Commercial /Retail 7,886,088 8,004,379 8,124,445 8,246,311 8,370,006 8,495,556 8,622,990 8,752,334 8,883,619 9,016,874 Total Taxable Value 195,994,410 197,993,784 200,013,744 202,054,504 204,116,280 206,199,293 208,303,764 210,429,917 212,577,977 214,748,175 Table 6 Ocean One Mixed Use Project Taxable Property Values 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 Residential Development Multi Family-371 Unit 207,788,615 209,866,501 211,965,166 214,084,817 216,225,666 218,387,922 220,571,802 222,777,520 225,005,295 227,255,348 Total Taxable Value -Residential 207,788,615 209,866,501 211,965,166 214,084,817 216,225,666 218,387,922 220,571,802 222,777,520 225,005,295 227,255,348 Commercial/Retail Neighborhood Retail 9,152,127 9,289,409 9,428,750 9,570,181 9,713,734 9,859,440 10,007,331 10,157,441 10,309,803 10,464,450 Total Taxable Value -Commercial /Retail 9,152,127 9,289,409 9,428,750 9,570,181 9,713,734 9,859,440 10,007,331 10,157,441 10,309,803 10,464,450 Total Taxable Value 216,940,741 219,155,909 221,393,916 223,654,999 225,939,399 228,247,362 230,579,133 232,934,961 235,315,098 237,719,798 42 ` Page 9 of 15 Table 7 shown below, presents the key assumptions employed in calculating the taxable values shown previously. Our assumptions related to the assessment ratio and percentage of homes expected to take advantage of the homestead exemption are more conservative than those of AECOM making our analysis more conservative than if we had adopted the AECOM assumptions for these parameters. Using data from Census On-the-Map we determined that there were 28,755 City residents who also work in the city. Since we also included all employees, FLS weighted resident-employees by 0.7626 to avoid double counting. Non-working residents are weighed at 1.0 FTE. Seasonal residents are at 0.34 62 reflecting seasonal demands on City services. Persons per household and total households are from Florida Population Studies. Table 7 Ocean One Mixed Use Project Fiscal Impact Assumptions Taxable Assessment Millage Gerneral Revenue 7.8500 Mills Total 7.8500 Mills Population Equivalent Full-Time Amount Factor Equivalent Population-Working Residents 28,755 76.26%21,927 Population-Non-Working Residents 52,993 100.00%52,993 Population- Seasonal 7,914 34.62%2,739 Total Population (peak season)89,662 77,660 Population (total)81,748 Employment (total)28,851 98.00%28,274 Persons per Household - Single Family 2.49 Persons per Household - Multifamily 2.23 Total Households 31,683 Total Housing Units 36,220 Employment Assumptions Project Neighborhood Retail 41 (1 employee per 588 SF of Retail) Annual growth rate of Residential Property Value 1.0% Annual growth rate of Non-Residential Property Value 1.5% Property Valuation Average Value Multi Family-371 Unit $441,098 Per Unit Commercial /Retail $268 Per Square Foot 43 ` Page 10 of 15 Table 8 summarizes the results of the fiscal analysis for the City’s operating budget. Table 8 Ocean One Mixed Use Project Development Impact Summary 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Residential Units 371 371 371 371 371 371 371 371 371 371 Resident Households 198 198 198 198 198 198 198 198 198 198 Peak Population Resident Population 492 492 492 492 492 492 492 492 492 492 Seasonal Population 68 68 68 68 68 68 68 68 68 68 Employment Retail / Commercial 41 41 41 41 41 41 41 41 41 41 Total Employees 41 41 41 41 41 41 41 41 41 41 - - - - - - - - - - Full-Time Equivalent Visitors - - - - - - - - - - 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Boynton Beach Total Operating Revenues 2,251,049 2,251,049 2,251,049 2,251,049 2,251,049 2,251,049 2,251,049 2,251,049 2,251,049 2,251,049 Total Operating Expenditures 1,534,141 1,534,141 1,534,141 1,534,141 1,534,141 1,534,141 1,534,141 1,534,141 1,534,141 1,534,141 Net Fiscal Impact 716,907 716,907 716,907 716,907 716,907 716,907 716,907 716,907 716,907 716,907 Years 1 2 3 4 5 6 7 8 9 10 5 Years 10 Years 20 Years 30 Years 35 Years Net Present Value of Operating Impact 3,103,834 5,535,770 8,934,252 11,020,625 11,738,783 44 Page 11 of 15 Detail analysis (Table 9) is presented through 2036 which is a 10-year projection. Table 9 Ocean One Mixed Use Project Fiscal Impact Detail Operating Revenue and Expenses 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Revenues 311000 - Ad Valorem Taxes 1,390,134 1,404,303 1,418,616 1,433,077 1,447,687 1,462,447 1,477,359 1,492,424 1,507,644 1,523,021 Transfer to BBCRA (1,335,666) (1,349,835) (1,364,148) (1,378,609) (1,393,219) (1,407,979) (1,422,891) (1,437,956) (1,453,176) (1,468,553) 341200 - Internal Service Fund Fees and Charges 5,359 5,359 5,359 5,359 5,359 5,359 5,359 5,359 5,359 5,359 341900 - Other General Government Charges and Fees 6,645 6,645 6,645 6,645 6,645 6,645 6,645 6,645 6,645 6,645 342100 - Service Charge - Law Enforcement Services 29,496 29,496 29,496 29,496 29,496 29,496 29,496 29,496 29,496 29,496 342200 - Service Charge - Fire Protection 20,170 20,170 20,170 20,170 20,170 20,170 20,170 20,170 20,170 20,170 342400 - Service Charge - Emergency Management Service Fees/Charges 530 530 530 530 530 530 530 530 530 530 342500 - Service Charge - Protective Inspection Fees 685 685 685 685 685 685 685 685 685 685 343500 - Service Charge - Sewer/Wastewater Utility 1,415 1,415 1,415 1,415 1,415 1,415 1,415 1,415 1,415 1,415 343900 - Service Charge - Other Physical Environment Charges 23,820 23,820 23,820 23,820 23,820 23,820 23,820 23,820 23,820 23,820 347200 - Service Charge - Parks and Recreation 11,382 11,382 11,382 11,382 11,382 11,382 11,382 11,382 11,382 11,382 315100 - State Communications Services Taxes 13,396 13,396 13,396 13,396 13,396 13,396 13,396 13,396 13,396 13,396 316000 - Local Business Tax (Chapter 205) 969 969 969 969 969 969 969 969 969 969 331100 - Federal Grant - General Government 7,999 7,999 7,999 7,999 7,999 7,999 7,999 7,999 7,999 7,999 331200 - Federal Grant - Public Safety - - - - - - - - - - 331310 - Federal Grant - Water Supply System 8,201 8,201 8,201 8,201 8,201 8,201 8,201 8,201 8,201 8,201 331500 - Federal Grant - Economic Environment 483 483 483 483 483 483 483 483 483 483 331900 - Federal Grant - Other 22 22 22 22 22 22 22 22 22 22 334100 - State Grant - General Government 2,047 2,047 2,047 2,047 2,047 2,047 2,047 2,047 2,047 2,047 334500 - State Grant - Economic Environment 463 463 463 463 463 463 463 463 463 463 334700 - State Grant - Culture/Recreation 27,811 27,811 27,811 27,811 27,811 27,811 27,811 27,811 27,811 27,811 335125 - Municipal Revenue Sharing Program - Proceeds 506 506 506 506 506 506 506 506 506 506 335140 - State Revenue Sharing - Mobile Home Licenses 625 625 625 625 625 625 625 625 625 625 335150 - State Revenue Sharing - Alcoholic Beverage Licenses 60,422 60,422 60,422 60,422 60,422 60,422 60,422 60,422 60,422 60,422 335190 - State Revenue Sharing - Other General Government 617 617 617 617 617 617 617 617 617 617 337200 - Local Government Unit Grant - Public Safety 3,534 3,534 3,534 3,534 3,534 3,534 3,534 3,534 3,534 3,534 338000 - Shared Revenue From Other Local Units 1,555 1,555 1,555 1,555 1,555 1,555 1,555 1,555 1,555 1,555 339000 - Payments From Other Local Units In Lieu Of Taxes 5,445 5,445 5,445 5,445 5,445 5,445 5,445 5,445 5,445 5,445 354000 - Fines - Local Ordinance Violation 21,924 21,924 21,924 21,924 21,924 21,924 21,924 21,924 21,924 21,924 359000 - Other Judgments, Fines and Forfeits 63,222 63,222 63,222 63,222 63,222 63,222 63,222 63,222 63,222 63,222 361100 - Interest 714,572 714,572 714,572 714,572 714,572 714,572 714,572 714,572 714,572 714,572 361400 - Gain (Loss) on Sale of Investments 4,894 4,894 4,894 4,894 4,894 4,894 4,894 4,894 4,894 4,894 362000 - Rents and Royalties 3,661 3,661 3,661 3,661 3,661 3,661 3,661 3,661 3,661 3,661 364000 - Disposition of Fixed Assets 1,970 1,970 1,970 1,970 1,970 1,970 1,970 1,970 1,970 1,970 366000 - Contributions and Donations from Private Sources 226,276 226,276 226,276 226,276 226,276 226,276 226,276 226,276 226,276 226,276 368000 - Pension Fund Contributions 45,388 45,388 45,388 45,388 45,388 45,388 45,388 45,388 45,388 45,388 369900 - Other Miscellaneous Revenues 222,750 222,750 222,750 222,750 222,750 222,750 222,750 222,750 222,750 222,750 381000 - Inter-Fund Group Transfers In 496,943 496,943 496,943 496,943 496,943 496,943 496,943 496,943 496,943 496,943 322000 - Building Permits 34,494 34,494 34,494 34,494 34,494 34,494 34,494 34,494 34,494 34,494 323100 - Franchise Fee - Electricity 40,372 40,372 40,372 40,372 40,372 40,372 40,372 40,372 40,372 40,372 323400 - Franchise Fee - Gas 271 271 271 271 271 271 271 271 271 271 323900 - Franchise Fee - Other 1,077 1,077 1,077 1,077 1,077 1,077 1,077 1,077 1,077 1,077 325200 - Special Assessments - Charges for Public Services 62,585 62,585 62,585 62,585 62,585 62,585 62,585 62,585 62,585 62,585 329500 - Other Fees & Special Assessments 4,666 4,666 4,666 4,666 4,666 4,666 4,666 4,666 4,666 4,666 Total Revenues 2,251,049 2,251,049 2,251,049 2,251,049 2,251,049 2,251,049 2,251,049 2,251,049 2,251,049 2,251,049 45 Page 12 of 15 Table 9 Ocean One Mixed Use Project Fiscal Impact Detail Operating Revenue and Expenses 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Expenditures 571.10 - Libraries - Personnel Services 19,496 19,496 19,496 19,496 19,496 19,496 19,496 19,496 19,496 19,496 571.30 - Libraries - Operating Expenses 5,099 5,099 5,099 5,099 5,099 5,099 5,099 5,099 5,099 5,099 571.60 - Libraries - Capital Outlay 1,160 1,160 1,160 1,160 1,160 1,160 1,160 1,160 1,160 1,160 572.10 - Parks/Recreation - Personnel Services 39,337 39,337 39,337 39,337 39,337 39,337 39,337 39,337 39,337 39,337 572.30 - Parks/Recreation - Operating Expenses 28,338 28,338 28,338 28,338 28,338 28,338 28,338 28,338 28,338 28,338 572.60 - Parks/Recreation - Capital Outlay 323 323 323 323 323 323 323 323 323 323 579.10 - Other Culture/Recreation - Personnel Services 1,104 1,104 1,104 1,104 1,104 1,104 1,104 1,104 1,104 1,104 579.30 - Other Culture/Recreation - Operating Expenses 1,135 1,135 1,135 1,135 1,135 1,135 1,135 1,135 1,135 1,135 579.60 - Other Culture/Recreation - Capital Outlay 574 574 574 574 574 574 574 574 574 574 554.10 - Housing and Urban Development - Personnel Services 2,376 2,376 2,376 2,376 2,376 2,376 2,376 2,376 2,376 2,376 554.30 - Housing and Urban Development - Operating Expenses 468 468 468 468 468 468 468 468 468 468 559.10 - Other Economic Development - Personnel Services 2,796 2,796 2,796 2,796 2,796 2,796 2,796 2,796 2,796 2,796 559.30 - Other Economic Development - Operating Expenses 11,514 11,514 11,514 11,514 11,514 11,514 11,514 11,514 11,514 11,514 511.10 - Legislative - Personnel Services 1,945.80 1,945.80 1,945.80 1,945.80 1,945.80 1,945.80 1,945.80 1,945.80 1,945.80 1,945.80 511.30 - Legislative - Operating Expenses 784 784 784 784 784 784 784 784 784 784 512.10 - Executive - Personnel Services 14,785 14,785 14,785 14,785 14,785 14,785 14,785 14,785 14,785 14,785 512.30 - Executive - Operating Expenses 30,477 30,477 30,477 30,477 30,477 30,477 30,477 30,477 30,477 30,477 512.60 - Executive - Capital Outlay 1,520 1,520 1,520 1,520 1,520 1,520 1,520 1,520 1,520 1,520 512.90 - Executive - Other Uses 36,979 36,979 36,979 36,979 36,979 36,979 36,979 36,979 36,979 36,979 513.10 - Financial and Administrative - Personnel Services 35,458 35,458 35,458 35,458 35,458 35,458 35,458 35,458 35,458 35,458 513.30 - Financial and Administrative - Operating Expenses 36,764 36,764 36,764 36,764 36,764 36,764 36,764 36,764 36,764 36,764 513.60 - Financial and Administrative - Capital Outlay 248 248 248 248 248 248 248 248 248 248 514.10 - Legal Counsel - Personnel Services 1,238 1,238 1,238 1,238 1,238 1,238 1,238 1,238 1,238 1,238 514.30 - Legal Counsel - Operating Expenses 4,520 4,520 4,520 4,520 4,520 4,520 4,520 4,520 4,520 4,520 515.10 - Comprehensive Planning - Personnel Services 6,495 6,495 6,495 6,495 6,495 6,495 6,495 6,495 6,495 6,495 515.30 - Comprehensive Planning - Operating Expenses 624 624 624 624 624 624 624 624 624 624 518.30 - Pension Benefits - Operating Expenses 236,245 236,245 236,245 236,245 236,245 236,245 236,245 236,245 236,245 236,245 519.10 - Other General Government - Personnel Services 27,214 27,214 27,214 27,214 27,214 27,214 27,214 27,214 27,214 27,214 539.10 - Other Physical Environment - Personnel Services 847 847 847 847 847 847 847 847 847 847 521.60 - Law Enforcement - Capital Outlay 1,579 1,579 1,579 1,579 1,579 1,579 1,579 1,579 1,579 1,579 522.10 - Fire Control - Personnel Services 225,458 225,458 225,458 225,458 225,458 225,458 225,458 225,458 225,458 225,458 522.30 - Fire Control - Operating Expenses 32,744 32,744 32,744 32,744 32,744 32,744 32,744 32,744 32,744 32,744 522.60 - Fire Control - Capital Outlay 5,228 5,228 5,228 5,228 5,228 5,228 5,228 5,228 5,228 5,228 522.90 - Fire Control - Other Uses 1,299 1,299 1,299 1,299 1,299 1,299 1,299 1,299 1,299 1,299 524.10 - Protective Inspections - Personnel Services 27,721 27,721 27,721 27,721 27,721 27,721 27,721 27,721 27,721 27,721 524.30 - Protective Inspections - Operating Expenses 7,683 7,683 7,683 7,683 7,683 7,683 7,683 7,683 7,683 7,683 541.60 - Road/Street Facilities - Capital Outlay 196 196 196 196 196 196 196 196 196 196 Total Expenditures 1,534,141 1,534,141 1,534,141 1,534,141 1,534,141 1,534,141 1,534,141 1,534,141 1,534,141 1,534,141 Net Fiscal Impact 716,907 716,907 716,907 716,907 716,907 716,907 716,907 716,907 716,907 716,907 Cumulative 716,907 1,433,815 2,150,722 2,867,630 3,584,537 4,301,445 5,018,352 5,735,260 6,452,167 7,169,075 46 Page 13 of 15 5.0 Fiscal Impact Capital Revenues and Capital Expenses – Tables 10,11 and 12 Boynton Beach does have a city parks and recreation facilities impact fee requirement for the Project. In addition, Developer has agreed to provide (a) 90 public parking spaces at an estimated value of $55,000/space for a total of $4.995 million (Table 11), and (b) $1 million in extraordinary public infrastructure (Table 12). Table 10 Ocean One Mixed Use Project Fiscal Impact - Capital Revenue 2024 2025 Total Capital Revenues City Parks and Recreation Facilities Impact fees 220,745 - 220,745 Total Capital Revenue 220,745$ -$ 220,745$ Parking Spaces Cost /Parking Space Total Public Parking Spaces 90 55,500$ 4,995,000$ Extraordinary Public Infrastructure 1,032,094 Total Developer's Contribution 6,027,094$ DEVELOPER'S CONTRIBUTION Table 11 Ocean One Developer's Contribution Mixed Use Project Parking Spaces Fiscal Impact - Capital Revenue and Expenditures Total Current Parking Garage Spaces 633.00 Additional Spaces Created 32.00 Total New Parking Garage Spaces 665.00 New Parking Spaces (Dedicated to Public)32.00 Private Retail Parking Spaces (Dedicated to Public)58.00 Total Public Parking Spaces 90.00 Total $$ Per Space Baseline Value $4,050,000 $45,000 Location Value (East of US1 near Marina)$540,000 $6,000 Loss of Value for Retail $405,000 $4,500 Total $4,995,000 $55,500 47 Page 14 of 15 Table 12 Ocean One Developer's Contribution Mixed Use Project Extraordindinary Public Infrastructure Fiscal Impact - Capital Revenue and Expenditures Category Qty Unit Unit Cost Total Final Lift of Asphalt Boynton Beach Boulevard 1,500.00 SY 15.00 $22,500 Subtotal $22,500 Sidewalk Construction Category Qty Unit Unit Cost Total 5 Ft. Concrete Sidewalk (4 in.)2,200.00 LF 15.00 $33,000 Subtotal $33,000 Drainage Construction Category Qty Unit Unit Cost Total Stormwater System Inspection with Diver 1.00 LS 6,500.00 $6,500 Increasing Stormwater Capacity (20% Additional Volume)1.00 LS 25,000.00 $25,000 Subtotal $31,500 Utility Relocation Category Qty Unit Unit Cost Total 12" Water Main Extension 1,200.00 LF 115.00 $138,000 6'' Fire line 350 LF 57 $19,950 20" Sanitary Force Main Upgrade 660.00 LS 485.00 $320,100 Fire Hydrant 5.00 LF 7,140.00 $35,700 4" Gas Main Relocation 1.00 LS 19,350.00 $19,350 Subtotal $533,100 Landscape Construction Category Qty Unit Unit Cost Total Landscape & Irrigation 3,000.00 SF $20 $60,000 Street Frontage - Lights 25 EA $5,805 $145,125 Subtotal $205,125 Mobilization (5%)$41,261 MOT (4%)$33,009 Clearing and Grubbing (2%)$16,505 Testing, Surveying and Miscellaneous (1.5%)$12,378 Pavement Marking and Signage (2.5% of Roadway)$563 Design Fees and Permitting (2.5% - Excluding FPL)$20,631 Contingency (10%)$82,523 Subtotal $206,869 Total Public Infrastructure $1,032,094 48 Page 15 of 15 IMPORTANT NOTICE CONCERNING “FISCAL IMPACT ANALYSIS REPORT” 1. Fiscal Impact Analysis Report (“FIAR”) Certain portions of the FIAR have various sections of the analysis that contain forecasted financial performance based upon several current and projected market conditions. These conditions are subject to numerous risks and uncertainties that cannot be determined at this time. Each section of the FIAR contains forecasted data. While presented with numerical specificity, projected information of the type furnished above is based on estimates and assumptions that are inherently subj ect to significant economic and competitive uncertainties and contingencies, all of which are difficult to predict and many of which are beyond the FLS's control. Accordingly, there can be no assurance that such estimates and assumptions will be accurate, and the actual results may be significantly higher or lower than those set forth. 2. Actual Results May Differ from FIAR Due to a variety of risks and uncertainties, actual results may be materially different from the results projected in the FIAR. Accordingly, the FIAR is meant only to serve as a guide and is not intended to be relied upon as to the reasonableness of the underlying facts or assumptions. This FIAR does not contain and is not to be construed as legal, business, investment, or tax advice. 3. The Fishkind Litigation Services Inc. (FLS) Has No Duty to Update FIAR The FIAR is current only as of August,2023. Following delivery of this report, FLS expectations of results may change. FLS may come to believe that the FIAR is no longer accurate. FLS shall not have any obligation to update any corrections or revisions to the FIAR contained herein, even if the FLS believes the forward-looking analysis is no longer accurate. FLS does not intend to update or otherwise revise the FIAR to reflect circumstances existing after the date when made or to reflect the occurrence of future events even if any or all the assumptions underlying the projections are shown to be in error. FLS assumes no responsibility for the accuracy or validity of the FIAR. 49 630 E Woolbright Rd PREPARED BY Hank Fishkind Underwriting Report Avion Riverwalk 319 Unit Apartment Building Boynton Beach, Florida - Outer Boynton Beach Neighborhood Exhibit 2 Exhibit 2 50 SUBJECT PROPERTY Property Details 1 RENT COMPS Map & List 5 Photo Comparison 7 Rent Comps Details 9 Unit Mix Summary 38 Ranking Chart By Bedroom 39 Changes in Rent Comps 43 Rent Trend Charts 47 RentTrend Data 53 CONSTRUCTION Overall Construction Map & Summary 55 Under Construction Map & List 56 Under Construction Details 58 Deliveries Past 12 Months Map & List 59 Delivered Property Details 61 Construction Summary 63 SALE COMPS Map & List 69 Sale Comp Details 71 Sales Volume 91 Sales Pricing 92 Cap Rates 94 Top Buyers & Sellers 95 DEMOGRAPHICS Overview 98 Age & Education 99 Ethnicity 100 MULTI-FAMILY SUBMARKET REPORT Submarket Key Statistics 102 Vacancy 104 Rent 107 Construction 109 630 E Woolbright Rd - Avion Riverwalk 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Exhibit 2 Exhibit 2 51 Sales 112 Sales Past 12 Months 114 Supply & Demand Trends 116 Vacancy & Rent 118 Sale Trends 120 Deliveries & Under Construction 122 MULTI-FAMILY MARKET REPORT Market Key Statistics 124 Vacancy 126 Rent 129 Construction 132 Under Construction Properties 133 Sales 135 Sales Past 12 Months 137 Economy 139 Market Submarkets 144 Supply & Demand Trends 146 Vacancy & Rent 148 Sale Trends 150 Deliveries & Under Construction 152 630 E Woolbright Rd - Avion Riverwalk 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Exhibit 2 Exhibit 2 52 Subject Property 630 E Woolbright Rd - Avion Riverwalk Boynton Beach, Florida - Outer Boynton Beach Neighborhood PROPERTY MANAGER American Land Ventures - Avion Riverwalk (561) 375-5500 PROPERTY - No. of Units:319 Stories:10 Avg. Unit Size:1,019 SF Year Built:May 2023 Parking:- Distance to Transit: Type:Apartments - All Rent Type:Market OWNER Isram Realty & Management Inc. 12 MONTH ABSORPTION Current:118 Units Competitor Total:146 Units Competitor Avg:9.8 Units Submarket Total:493 Units Submarket Avg:0.7 Units ASKING RENTS PER UNIT/SF $2.19 /SF $2.22 /SF $3.16 /SF Current:$3,167 $3.10 /SF Last Quarter:$3,156 $3.09 /SF Year Ago:$3,224 Competitors:$2,464 Submarket:$2,198 VACANCY 1,449 Units 285 Units - Current:63.0%201 Units Last Quarter:65.8%210 Units Year Ago:- Competitors:6.2% Submarket:7.3% UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Availability Avg Asking Rent Avg Effective Rent UNIT BREAKDOWN Studio 1 574 1 0.3%0 0.0%$2,490 $4.34 $2,340 $4.08 6.0% 1 1 537 8 2.5%0 0.0%$2,104 $3.92 $2,104 $3.92 0.0% 1 1 657 8 2.5%0 0.0%$2,590 $3.94 $2,590 $3.94 0.0% 1 1 768 87 27.3%56 64.4%$2,425 $3.16 $2,425 $3.16 0.0% 1 1 782 36 11.3%18 50.0%$2,450 $3.13 $2,450 $3.13 0.0% 1 1 850 1 0.3%0 0.0%$2,809 $3.30 $2,809 $3.30 0.0% 1 1 856 12 3.8%2 16.7%$3,265 $3.81 $3,265 $3.81 0.0% 2 2 1,050 6 1.9%6 100%$3,325 $3.17 $3,325 $3.17 0.0% 2 2 1,104 8 2.5%6 75.0%$3,345 $3.03 $3,345 $3.03 0.0% 2 2 1,151 16 5.0%15 93.8%$3,305 $2.87 $3,305 $2.87 0.0% 2 2 1,188 20 6.3%4 20.0%$3,730 $3.14 $3,730 $3.14 0.0% 2 2 1,223 36 11.3%33 91.7%$3,530 $2.89 $3,530 $2.89 0.0% 2 2 1,250 1 0.3%1 100%$3,730 $2.98 $3,730 $2.98 0.0% 2 2 1,263 9 2.8%7 77.8%$3,915 $3.10 $3,915 $3.10 0.0% 2 2 1,265 15 4.7%5 33.3%$3,910 $3.09 $3,910 $3.09 0.0% 2 2 1,288 15 4.7%10 66.7%$3,565 $2.77 $3,565 $2.77 0.0% 2 2 1,294 15 4.7%4 26.7%$4,240 $3.28 $4,240 $3.28 0.0% 2 2 1,400 1 0.3%0 0.0%$4,485 $3.20 $4,485 $3.20 0.0% 2 2 1,484 8 2.5%3 37.5%$4,145 $2.79 $4,145 $2.79 0.0% 3 3 1,513 16 5.0%2 12.5%$4,710 $3.11 $4,710 $3.11 0.0% 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 2 Exhibit 2 Exhibit 2 53 Subject Property Totals Avg SF Units Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions All Studios 574 1 0.3%0 0.0%$2,490 $4.34 $2,340 $4.08 6.0% All 1 Beds 761 152 47.6%76 50.0%$2,492 $3.27 $2,492 $3.27 0.0% All 2 Beds 1,233 150 47.0%94 62.7%$3,691 $2.99 $3,691 $2.99 0.0% All 3 Beds 1,513 16 5.0%2 12.5%$4,710 $3.11 $4,710 $3.11 0.0% Totals 1,020 319 100%172 53.9%$3,167 $3.10 $3,166 $3.10 0.0% Updated July 31, 2023Estimate SITE AMENITIES Cabana Fitness Center Grill Lounge Package Service Pet Play Area Pet Washing Station Pool Roof Terrace Sauna Storage Space Sundeck UNIT AMENITIES Air Conditioning Ceiling Fans Granite Countertops Island Kitchen Oven Walk-In Closets Washer/Dryer Wi-Fi RECURRING EXPENSES Unassigned Garage Parking $0-100 Storage Fee $95 ONE TIME EXPENSES Dog Fee $350 Cat Fee $350 Admin Fee $250 Application Fee $75 PET POLICY Dog Allowed One-Time Fee: $350-350, 2 Maximum Restrictions: NON-Refundable Pet Fees - $ 350 for 1 pet and $ 450 for 2 pets. Breed Restrictions Apply. No Aggressive Breeds Allowed. Pit Bulls Are Not Permitted. Cat Allowed One-Time Fee: $350-350, 2 Maximum Restrictions: NON-Refundable Pet Fees - $ 350 for 1 pet and $ 450 for 2 pets. Breed Restrictions Apply. No Aggressive Breeds Allowed. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 3 Exhibit 2 Exhibit 2 54 Subject Property InteriorPrimary InteriorInterior 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 4 Exhibit 2 Exhibit 2 55 630 E Woolbright Rd PREPARED BY Hank Fishkind Rent Comparables Avion Riverwalk 319 Unit Apartment Building Boynton Beach, Florida - Outer Boynton Beach Neighborhood Exhibit 2 Exhibit 2 56 Rent Comparables Summary 630 E Woolbright Rd - Avion Riverwalk 17 $2,464 $2.22 6.2% No. Rent Comps Avg. Rent Per Unit Avg. Rent Per SF Avg. Vacancy Rate RENT COMP LOCATIONS RENT COMPS SUMMARY STATISTICS Unit Breakdown Low Average Median High Total Units Studio Units One Bedroom Units Two Bedroom Units Three Bedroom Units 124 0 36 0 0 294 3 106 135 50 280 0 85 118 48 548 26 200 296 112 Property Attributes Low Average Median High 1989Year Built Number of Floors Average Unit Size SF Vacancy Rate Star Rating 2 691 0.1% 2009 3 1,104 6.2% 2012 3 1,089 6.2% 2023 5 1,355 15.4% 3.8 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 6 Exhibit 2 Exhibit 2 57 Rent Comparables Summary 630 E Woolbright Rd - Avion Riverwalk Property Name/Address Rating Yr Built Units Avg Unit SF Studio 1 Bed 2 Bed 3 Bed Rent/SF Property Size Asking Rent Per Month Per Unit -Avion Riverwalk 319 1,020 $2,490 $2,492 $3,691 $4,710 $3.10630 E Woolbright Rd 2023 -Aura Delray Beach 292 964 $2,335 $2,560 $3,268 $3,565 $3.002095 W Atlantic Ave 1 2023 -Pacifica 324 973 -$2,181 $2,742 $3,041 $2.571100 Audace Ave 2 2019 -Congress Grove 369 936 $1,972 $2,092 $2,690 $3,344 $2.55250 Congress Park Dr 3 2013 -Seabourn Cove 456 1,302 -$2,587 $3,290 $3,831 $2.423501 S Federal Hwy 4 2012 -The Atlantic at East Delray 228 1,079 -$2,068 $2,719 $3,075 $2.41650 Lavers Cir 5 1996 -Windsor at Delray Beach 188 1,089 -$2,191 $2,810 $3,092 $2.392001 N Federal Hwy 6 2016 -Luma Delray 212 192 -$2,350 $3,033 $3,425 $2.397606 Atlantic Ave 7 2022 -Blu Atlantic 171 1,062 -$1,989 $2,376 $2,949 $2.275550 Nepsa Way 8 2013 -Oasis Delray Beach Apart…324 1,133 -$2,124 $2,546 $3,126 $2.255600 W Atlantic Ave 9 1998 -One Boynton 494 1,152 -$2,072 $2,775 $3,301 $2.241351 S Federal Hwy 10 2009 -High Ridge Landing 184 1,049 -$1,980 $2,252 $2,860 $2.153609 High Ridge Way 11 2016 -Verona at Boynton Beach 216 1,097 -$1,919 $2,396 $2,639 $2.081575 SW 8th St 12 2002 -Cortland West Boynton 264 1,143 -$1,922 $2,431 $2,651 $2.057933 Venture Center Way 13 2000 -Latitude Pointe 280 1,061 -$2,020 $2,064 $2,745 $1.989873 Lawrence Rd 14 1989 -The Cove at Boynton Bea…548 1,202 -$1,805 $2,129 $2,724 $1.80100 Newlake Dr 15 1996 -Gateway Club 319 1,228 -$1,780 $2,147 $2,546 $1.763930 Max Pl 16 1999 -The Heart of Boynton Bea…124 691 -$1,175 --$1.70117 NE 9th Ave 17 2023 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 7 Exhibit 2 Exhibit 2 58 Vacancy 6.2% 1100 Audace Ave 324 Units / 5 Stories Owner: Walton Street Capital, LLC Rent/SF $2.57, Pacifica2 Vacancy - 2095 W Atlantic Ave 292 Units / 5 Stories Owner: Trinsic Residential Group Rent/SF $3.00, Aura Delray Beach1 Vacancy 63.0% 630 E Woolbright Rd 319 Units / 10 Stories Owner: Isram Realty & Management… Rent/SF $3.10, Subject Property Avion Riverwalk Vacancy 8.8% 650 Lavers Cir 228 Units / 3 Stories Owner: Nuveen Rent/SF $2.41, The Atlantic at East Delray5 Vacancy 6.8% 3501 S Federal Hwy 456 Units / 3 Stories Owner: The Dermot Company Rent/SF $2.42, Seabourn Cove4 Vacancy 8.1% 250 Congress Park Dr 369 Units / 4 Stories Owner: Crow Holdings Rent/SF $2.55, Congress Grove3 Vacancy 0% 5550 Nepsa Way 171 Units / 3 Stories Owner: Brause Realty Inc.;Rohdie Gr… Rent/SF $2.27, Blu Atlantic8 Vacancy 6.1% 7606 Atlantic Ave 212 Units / 3 Stories Owner: Principal Development Group… Rent/SF $2.39, Luma Delray7 Vacancy 3.2% 2001 N Federal Hwy 188 Units / 5 Stories Owner: GID Investment Advisors LLC Rent/SF $2.39, Windsor at Delray Beach6 Rent Comparables Photo Comparison 630 E Woolbright Rd 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 8 Exhibit 2 Exhibit 2 59 Vacancy 15.2% 3609 High Ridge Way 184 Units / 3 Stories Owner: Yuksel, Inc. Rent/SF $2.15, High Ridge Landing11 Vacancy 3.0% 1351 S Federal Hwy 494 Units / 5 Stories Owner: Blackstone Inc. Rent/SF $2.24, One Boynton10 Vacancy 4.0% 5600 W Atlantic Ave 324 Units / 3 Stories Owner: Starwood Capital Group Rent/SF $2.25, Oasis Delray Beach Apartm…9 Vacancy 8.2% 9873 Lawrence Rd 280 Units / 3 Stories Owner: Klingbeil Capital Managemen… Rent/SF $1.98, Latitude Pointe14 Vacancy 1.9% 7933 Venture Center Way 264 Units / 3 Stories Owner: Blackstone Inc.;Cortland Rent/SF $2.05, Cortland West Boynton13 Vacancy 10.2% 1575 SW 8th St 216 Units / 3 Stories Owner: Waterton Rent/SF $2.08, Verona at Boynton Beach12 Vacancy - 117 NE 9th Ave 124 Units / 4 Stories Owner: - Rent/SF $1.70, The Heart of Boynton Beach17 Vacancy 4.7% 3930 Max Pl 319 Units / 2 Stories Owner: Northland Rent/SF $1.76, Gateway Club16 Vacancy 8.0% 100 Newlake Dr 548 Units / 3 Stories Owner: Starwood Capital Group Rent/SF $1.80, The Cove at Boynton Beach…15 Rent Comparables Photo Comparison 630 E Woolbright Rd 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 9 Exhibit 2 Exhibit 2 60 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk 1 2095 W Atlantic Ave - Aura Delray Beach Delray Beach, Florida - Outer Delray Beach Neighborhood PROPERTY MANAGER Bozzuto - Aura Delray Beach (888) 310-2307 PROPERTY 4.23 Miles Property Size:292 Units, 5 Floors Avg. Unit Size:964 SF Year Built:Aug 2023 Type:Apartments - All Rent Type: Parking:- Distance to Subject: Distance to Transit:- Market OWNER - UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Availability Avg Asking Rent Avg Effective Rent UNIT BREAKDOWN Studio 1 651 26 8.9%--$2,335 $3.59 $2,335 $3.59 0.0% 1 1 782 62 21.2%--$2,490 $3.18 $2,490 $3.18 0.0% 1 1 822 66 22.6%--$2,625 $3.19 $2,625 $3.19 0.0% 2 2 1,111 62 21.2%--$3,240 $2.92 $3,240 $2.92 0.0% 2 2 1,168 56 19.2%--$3,300 $2.83 $3,300 $2.83 0.0% 3 2 1,374 20 6.8%--$3,565 $2.59 $3,565 $2.59 0.0% Totals Avg SF Units Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions All Studios 651 26 8.9%--$2,335 $3.59 $2,335 $3.59 0.0% All 1 Beds 803 128 43.8%--$2,560 $3.19 $2,560 $3.19 0.0% All 2 Beds 1,138 118 40.4%--$3,268 $2.87 $3,268 $2.87 0.0% All 3 Beds 1,374 20 6.8%--$3,565 $2.59 $3,565 $2.59 0.0% Totals 964 292 100%--$2,895 $3.00 $2,895 $3.00 0.0% Updated July 25, 2023Estimate SITE AMENITIES 24 Hour Access, Business Center, Cabana, Clubhouse, Fitness Center, Gameroom, Grill, Lounge, Maintenance on site, On-Site Retail, Pet Play Area, Pet Washing Station, Property Manager on Site, Tenant Controlled HVAC, Walking/Biking Trails UNIT AMENITIES Air Conditioning, Carpet, Dishwasher, Disposal, Freezer, Heating, Kitchen, Oven, Refrigerator, Stainless Steel Appliances, Tub/Shower RECURRING EXPENSES Dog Rent $25 Cat Rent $25 ONE TIME EXPENSES Dog Fee $500 Cat Fee $500 Admin Fee $350 Application Fee $125 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 10 Exhibit 2 Exhibit 2 61 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk PET POLICY Dog Allowed One-Time Fee: $500-500, $25/Mo, 2 Maximum Restrictions: Breed Restrictions apply. Management has sole discretion to determine whether an animal is a restricted breed and may base its decision on documentation, visual inspection, examination by a veterinarian, and other measures. Cat Allowed One-Time Fee: $500-500, $25/Mo, 2 Maximum 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 11 Exhibit 2 Exhibit 2 62 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk 2 1100 Audace Ave - Pacifica Boynton Beach, Florida - Outer Boynton Beach Neighborhood PROPERTY MANAGER Bozzuto - Pacifica (561) 903-0261 PROPERTY 2.59 Miles Property Size:324 Units, 5 Floors Avg. Unit Size:972 SF Year Built:Nov 2019 Type:Apartments - All Rent Type: Parking:- Distance to Subject: Distance to Transit:- Market OWNER Purchased Jul 2021 $92,675,000 ($286,034/Unit) UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Availability Avg Asking Rent Avg Effective Rent UNIT BREAKDOWN 1 1 750 76 23.5%8 10.5%$2,032 $2.71 $2,018 $2.69 0.7% 1 1 833 95 29.3%5 5.3%$2,300 $2.76 $2,284 $2.74 0.7% 2 2 1,088 24 7.4%3 12.5%$2,686 $2.47 $2,667 $2.45 0.7% 2 2 1,116 45 13.9%3 6.7%$2,731 $2.45 $2,712 $2.43 0.7% 2 2 1,162 24 7.4%1 4.2%$2,817 $2.42 $2,797 $2.41 0.7% 3 2 1,200 30 9.3%6 20.0%$2,907 $2.42 $2,886 $2.41 0.7% 3 2 1,293 30 9.3%1 3.3%$3,174 $2.45 $3,151 $2.44 0.7% Totals Avg SF Units Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions All 1 Beds 796 171 52.8%13 7.6%$2,181 $2.74 $2,165 $2.72 0.7% All 2 Beds 1,121 93 28.7%7 7.5%$2,742 $2.45 $2,722 $2.43 0.7% All 3 Beds 1,247 60 18.5%7 11.7%$3,041 $2.44 $3,019 $2.42 0.7% Totals 973 324 100%27 8.3%$2,501 $2.57 $2,483 $2.55 0.7% Updated August 01, 2023Estimate SITE AMENITIES Conference Rooms, Fitness Center, Gameroom, Grill, Lounge, Pool, Spa UNIT AMENITIES Balcony, Patio, Stainless Steel Appliances, Walk-In Closets, Washer/Dryer RECURRING EXPENSES Dog Rent $15 Cat Rent $15 Other Rent $15 Unassigned Other Parking $50 Storage Fee $25 ONE TIME EXPENSES Dog Fee $500 Cat Fee $500 Other Fee $500 Admin Fee $250 Application Fee $105 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 12 Exhibit 2 Exhibit 2 63 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk PET POLICY Dog Allowed One-Time Fee: $500-500, $15/Mo, 2 Maximum Restrictions: Bozzuto Standard Aggressive Breed List Cat Allowed One-Time Fee: $500-500, $15/Mo, 2 Maximum Other Allowed One-Time Fee: $500-500, $15/Mo, 2 Maximum Restrictions: Standard Bozzuto restricted breed list. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 13 Exhibit 2 Exhibit 2 64 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk 3 250 Congress Park Dr - Congress Grove Delray Beach, Florida - Outer Delray Beach Neighborhood PROPERTY MANAGER RangeWater - Congress Grove (561) 237-5956 PROPERTY 4.65 Miles Property Size:369 Units, 4 Floors Avg. Unit Size:936 SF Year Built:Jan 2013 Type:Apartments - All Rent Type: Parking:774 Spaces; 2.1 per Unit Distance to Subject: Distance to Transit:- Market OWNER Purchased Jun 2021 $111,750,000 ($302,846/Unit) UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Availability Avg Asking Rent Avg Effective Rent UNIT BREAKDOWN Studio 1 537 17 4.6%4 23.5%$1,975 $3.68 $1,958 $3.65 0.9% Studio 1 566 1 0.3%0 0.0%$1,875 $3.31 $1,858 $3.28 0.9% Studio 1 577 2 0.5%1 50.0%$1,999 $3.46 $1,982 $3.43 0.9% 1 1 723 105 28.5%7 6.7%$1,950 $2.70 $1,933 $2.67 0.9% 1 1 725 4 1.1%0 0.0%$2,182 $3.01 $2,164 $2.98 0.8% 1 1 743 2 0.5%0 0.0%$2,270 $3.06 $2,251 $3.03 0.9% 1 1 756 15 4.1%0 0.0%$2,225 $2.94 $2,206 $2.92 0.9% 1 1 760 11 3.0%0 0.0%$2,081 $2.74 $2,063 $2.71 0.9% 1 1 863 43 11.7%4 9.3%$2,380 $2.76 $2,360 $2.73 0.9% 2 2 1,110 110 29.8%7 6.4%$2,630 $2.37 $2,608 $2.35 0.9% 2 2 1,204 8 2.2%1 12.5%$2,990 $2.48 $2,965 $2.46 0.9% 2 2 1,216 18 4.9%2 11.1%$2,975 $2.45 $2,950 $2.43 0.9% 2 2 1,222 15 4.1%3 20.0%$2,575 $2.11 $2,553 $2.09 0.9% 2 2 1,308 4 1.1%1 25.0%$2,905 $2.22 $2,880 $2.20 0.9% 3 2 1,446 14 3.8%0 0.0%$3,344 $2.31 $3,316 $2.29 0.9% Totals Avg SF Units Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions All Studios 542 20 5.4%5 25.0%$1,972 $3.64 $1,955 $3.60 0.9% All 1 Beds 762 180 48.8%11 6.1%$2,092 $2.75 $2,075 $2.72 0.9% All 2 Beds 1,143 155 42.0%14 9.0%$2,690 $2.35 $2,668 $2.33 0.9% All 3 Beds 1,446 14 3.8%0 0.0%$3,344 $2.31 $3,316 $2.29 0.9% Totals 936 369 100%30 8.1%$2,385 $2.55 $2,364 $2.53 0.9% Updated August 01, 2023Estimate SITE AMENITIES 24 Hour Access, Business Center, Clubhouse, Courtyard, Fitness Center, Grill, Lounge, Property Manager on Site, Storage Space, Wi-Fi UNIT AMENITIES Air Conditioning, Balcony, Granite Countertops, Linen Closet, Pantry, Patio, Security System, Stainless Steel Appliances, Tile Floors, Views, Walk-In Closets, Washer/Dryer 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 14 Exhibit 2 Exhibit 2 65 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk RECURRING EXPENSES Dog Rent $20 Cat Rent $20 ONE TIME EXPENSES Dog Fee $500 Cat Fee $500 Admin Fee $350 Application Fee $135 PET POLICY Dog Allowed One-Time Fee: $500-500, $20/Mo, 2 Maximum, 100 lb. Maximum Restrictions: Tosa Inu/Ken, American Bandogge, Cane Corso, Rottweiler, Doberman, Pit Bull, Bull Terrier, Staffordshire Terrier, Dogo Argentino, Boer Boel, Gull Dong, Basenji, Mastiff, Perro de Presa Canario, Fila Brasiliero, Wolf Hybrid, Caucasian Oucharka, Alaskan Malamutes, Kangal, German Shepard, Shepard, Chow, Spitz, Akita, Reptiles, Rabbits and Pot Bellied Pigs. Mixed breeds containing these bloodlines are also prohibited. At Alta Congress, we welcome your pets with open arms! $500 non-refundable pet fee for one pet, required at move in. $750 non-refundable pet fee for two pets, required at move in. Breed Restrictions Apply. Cat Allowed One-Time Fee: $500-500, $20/Mo, 2 Maximum, 50 lb. Maximum At Alta Congress, we welcome your pets with open arms! $500 non-refundable pet fee for one pet, required at move in. $750 non-refundable pet fee for two pets, required at move in. Breed Restrictions Apply. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 15 Exhibit 2 Exhibit 2 66 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk 4 3501 S Federal Hwy - Seabourn Cove Boynton Beach, Florida - Outer Boynton Beach Neighborhood PROPERTY MANAGER RKW - Seabourn Cove (561) 944-7781 PROPERTY 1.30 Miles Property Size:456 Units, 3 Floors Avg. Unit Size:1,302 SF Year Built:2012 Type:Apartments - All Rent Type: Parking:425 Spaces; 0.9 per Unit Distance to Subject: Distance to Transit:- Market OWNER Purchased Jan 2021 $143,000,000 ($313,596/Unit) UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Availability Avg Asking Rent Avg Effective Rent UNIT BREAKDOWN 1 1 888 156 34.2%5 3.2%$2,587 $2.91 $2,587 $2.91 0.0% 2 2.5 1,403 70 15.4%3 4.3%$3,210 $2.29 $3,210 $2.29 0.0% 2 2.5 1,417 80 17.5%3 3.8%$3,260 $2.30 $3,260 $2.30 0.0% 2 2.5 1,501 66 14.5%6 9.1%$3,410 $2.27 $3,410 $2.27 0.0% 3 2.5 1,719 84 18.4%3 3.6%$3,831 $2.23 $3,831 $2.23 0.0% Totals Avg SF Units Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions All 1 Beds 888 156 34.2%5 3.2%$2,587 $2.91 $2,587 $2.91 0.0% All 2 Beds 1,438 216 47.4%12 5.6%$3,290 $2.29 $3,290 $2.29 0.0% All 3 Beds 1,719 84 18.4%3 3.6%$3,831 $2.23 $3,831 $2.23 0.0% Totals 1,302 456 100%20 4.4%$3,149 $2.42 $3,149 $2.42 0.0% Updated August 01, 2023Estimate SITE AMENITIES Fitness Center, Grill, Sauna UNIT AMENITIES Air Conditioning, Ceiling Fans, Crown Molding, Granite Countertops, Heating, Kitchen, Microwave, Walk-In Closets, Washer/Dryer RECURRING EXPENSES Dog Rent $50 Cat Rent $50 Other Rent $50 Unassigned Surface Lot Parking $0-65 ONE TIME EXPENSES Dog Fee $500 Cat Fee $500 Other Fee $500 Admin Fee $350 Application Fee $150 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 16 Exhibit 2 Exhibit 2 67 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk PET POLICY Dog Allowed One-Time Fee: $500-500, $50/Mo, 2 Maximum, 85 lb. Maximum Restrictions: We are a pet-friendly community allowing 2 pets per unit with a combined weight limit of 85 pounds. Qualified service animals are always welcome without additional fees or rent. Veterinary documentation must be provided to include breed, weight once fully grown, and current vaccination records at the time of occupancy. Pet policies are subject to management's discretion. Please call for more information. Caged small animal Cat Allowed One-Time Fee: $500-500, $50/Mo, 2 Maximum, 85 lb. Maximum Restrictions: We are a pet-friendly community allowing 2 pets per unit with a combined weight limit of 85 pounds. Qualified service animals are always welcome without additional fees or rent. Veterinary documentation must be provided to include breed, weight once fully grown, and current vaccination records at the time of occupancy. Pet policies are subject to management's discretion. Please call for more information. Caged small animal Other Allowed One-Time Fee: $500-500, $50/Mo, 2 Maximum, 85 lb. Maximum Restrictions: We are a pet-friendly community allowing 2 pets per unit with a combined weight limit of 85 pounds. Qualified service animals are always welcome without additional fees or rent. Veterinary documentation must be provided to include breed, weight once fully grown, and current vaccination records at the time of occupancy. Pet policies are subject to management's discretion. Please call for more information. Caged small animal 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 17 Exhibit 2 Exhibit 2 68 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk 5 650 Lavers Cir - The Atlantic at East Delray Delray Beach, Florida - Outer Delray Beach Neighborhood PROPERTY MANAGER ZRS - The Atlantic at East Delray (561) 220-7409 PROPERTY 5.49 Miles Property Size:228 Units, 3 Floors Avg. Unit Size:1,079 SF Year Built:1996 Type:Apartments - All Rent Type: Parking:528 Spaces; 2.3 per Unit Distance to Subject: Distance to Transit:- Market OWNER Purchased Aug 2017 $54,325,000 ($238,268/Unit) UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Availability Avg Asking Rent Avg Effective Rent UNIT BREAKDOWN 1 1 785 24 10.5%2 8.3%$2,097 $2.67 $2,097 $2.67 0.0% 1 1 795 44 19.3%3 6.8%$2,052 $2.58 $2,052 $2.58 0.0% 2 2 1,166 112 49.1%5 4.5%$2,719 $2.33 $2,719 $2.33 0.0% 3 2 1,283 24 10.5%3 12.5%$3,065 $2.39 $3,065 $2.39 0.0% 3 2 1,285 24 10.5%2 8.3%$3,085 $2.40 $3,085 $2.40 0.0% Totals Avg SF Units Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions All 1 Beds 791 68 29.8%5 7.4%$2,068 $2.61 $2,068 $2.61 0.0% All 2 Beds 1,166 112 49.1%5 4.5%$2,719 $2.33 $2,719 $2.33 0.0% All 3 Beds 1,284 48 21.1%5 10.4%$3,075 $2.39 $3,075 $2.39 0.0% Totals 1,079 228 100%15 6.6%$2,600 $2.41 $2,600 $2.41 0.0% Updated August 01, 2023Estimate SITE AMENITIES 24 Hour Access, Business Center, Clubhouse, Fitness Center, Laundry Facilities, Maintenance on site, Playground, Property Manager on Site, Sundeck, Waterfront UNIT AMENITIES Air Conditioning, Cable Ready, Dishwasher, Disposal, Kitchen, Microwave, Tub/Shower, Walk-In Closets, Washer/Dryer, Window Coverings RECURRING EXPENSES Dog Rent $25 Cat Rent $25 Free Unassigned Surface Lot Parking ONE TIME EXPENSES Dog Fee $400 Cat Fee $400 Admin Fee $350 Application Fee $100 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 18 Exhibit 2 Exhibit 2 69 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk PET POLICY Dog Allowed One-Time Fee: $400-400, $25/Mo, 2 Maximum, 35 lb. Maximum Non-refundable pet fee of $400 for the first pet plus $200 for an additional pet. Excluded dog breeds include Akita, Alaskan Malamute, American Bull Dog, American Pit Bull Terrier, American or Bull Staffordshire Terrier, Bull Terrier, Chinese Shar... Cat Allowed One-Time Fee: $400-400, $25/Mo, 2 Maximum, 35 lb. Maximum Non-refundable pet fee of $400 for the first pet plus $200 for an additional pet. Excluded dog breeds include Akita, Alaskan Malamute, American Bull Dog, American Pit Bull Terrier, American or Bull Staffordshire Terrier, Bull Terrier, Chinese Shar... 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 19 Exhibit 2 Exhibit 2 70 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk 6 2001 N Federal Hwy - Windsor at Delray Beach Delray Beach, Florida - Outer Boynton Beach Neighborhood PROPERTY MANAGER Windsor - Windsor at Delray Beach (833) 200-1688 PROPERTY 2.05 Miles Property Size:188 Units, 5 Floors Avg. Unit Size:1,089 SF Year Built:Oct 2016 Type:Apartments - All Rent Type: Parking:225 Spaces; 1.2 per Unit Distance to Subject: Distance to Transit:- Market OWNER Purchased Dec 2017 $60,350,000 ($321,011/Unit) UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Availability Avg Asking Rent Avg Effective Rent UNIT BREAKDOWN 1 1 665 19 10.1%1 5.3%$1,868 $2.81 $1,859 $2.80 0.5% 1 1 792 36 19.1%1 2.8%$2,257 $2.85 $2,246 $2.84 0.5% 1 1 915 30 16.0%5 16.7%$2,315 $2.53 $2,304 $2.52 0.5% 2 2 1,140 6 3.2%1 16.7%$2,622 $2.30 $2,609 $2.29 0.5% 2 2 1,216 47 25.0%5 10.6%$2,810 $2.31 $2,796 $2.30 0.5% 2 2 1,360 2 1.1%0 0.0%$3,380 $2.49 $3,363 $2.47 0.5% 3 2 1,440 44 23.4%4 9.1%$3,068 $2.13 $3,053 $2.12 0.5% 3 2 1,523 2 1.1%1 50.0%$3,585 $2.35 $3,567 $2.34 0.5% 3 2 1,548 2 1.1%0 0.0%$3,130 $2.02 $3,114 $2.01 0.5% Totals Avg SF Units Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions All 1 Beds 807 85 45.2%7 8.2%$2,191 $2.71 $2,180 $2.70 0.5% All 2 Beds 1,213 55 29.3%6 10.9%$2,810 $2.32 $2,796 $2.31 0.5% All 3 Beds 1,448 48 25.5%5 10.4%$3,092 $2.14 $3,077 $2.12 0.5% Totals 1,089 188 100%18 9.6%$2,602 $2.39 $2,589 $2.38 0.5% Updated August 01, 2023Estimate SITE AMENITIES Business Center, Clubhouse, Elevator, Fitness Center, Gated, Grill, Pet Play Area, Pool, Storage Space UNIT AMENITIES Air Conditioning, Cable Ready, Carpet, Dishwasher, Disposal, Island Kitchen, Kitchen, Microwave, Patio, Refrigerator, Stainless Steel Appliances, Views, Washer/Dryer RECURRING EXPENSES Dog Rent $30 Cat Rent $30 ONE TIME EXPENSES Dog Deposit $500 Cat Deposit $500 Application Fee $60 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 20 Exhibit 2 Exhibit 2 71 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk PET POLICY Dog Allowed $500 Deposit, $30/Mo, 2 Maximum Restrictions: Windsor Communities does not accept Akitas, Alaskan Malamutes, Chows, Doberman Pinschers, German Shepherds, Mastiffs, Pit Bulls, Presa Canarios, Rottweilers, Shar Peis, Siberian Huskies, Staffordshire Terriers, Wolf Hybrids or any variation or mixes of these breeds. Pet Fee $500.00 per pet. Pet Rent $30.00 per pet. Breed Restrictions Apply. No Weight Limit. Cat Allowed $500 Deposit, $30/Mo, 2 Maximum Restrictions: Windsor Communities does not accept Akitas, Alaskan Malamutes, Chows, Doberman Pinschers, German Shepherds, Mastiffs, Pit Bulls, Presa Canarios, Rottweilers, Shar Peis, Siberian Huskies, Staffordshire Terriers, Wolf Hybrids or any variation or mixes of these breeds. Pet Fee $500.00 per pet. Pet Rent $30.00 per pet. Breed Restrictions Apply. No Weight Limit. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 21 Exhibit 2 Exhibit 2 72 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk 7 7606 Atlantic Ave - Luma Delray Delray Beach, Florida - Outer Delray Beach Neighborhood PROPERTY MANAGER Asset Living - Luma Delray (561) 581-0611 PROPERTY 7.77 Miles Property Size:212 Units, 3 Floors Avg. Unit Size:1,355 SF Year Built:Apr 2022 Type:Apartments - All Rent Type: Parking:- Distance to Subject: Distance to Transit:- Market OWNER - UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Availability Avg Asking Rent Avg Effective Rent UNIT BREAKDOWN 1 1 -82 38.7%1 1.2%$2,350 -$2,252 -4.2% 2 2 -73 34.4%1 1.4%$2,950 -$2,950 -0.0% 2 2 1,355 30 14.2%1 3.3%$3,235 $2.39 $3,235 $2.39 0.0% 3 2 -27 12.7%1 3.7%$3,425 -$3,425 -0.0% Totals Avg SF Units Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions All 1 Beds -82 38.7%1 1.2%$2,350 -$2,252 -4.2% All 2 Beds 1,355 103 48.6%2 1.9%$3,033 $2.39 $3,033 $2.39 0.0% All 3 Beds -27 12.7%1 3.7%$3,425 -$3,425 -0.0% Totals 1,355 212 100%4 1.9%$2,819 $2.39 $2,781 $2.39 1.3% Updated July 21, 2023Estimate SITE AMENITIES Car Charging Station, Fitness Center, Pet Play Area, Pool, Zen Garden UNIT AMENITIES Balcony, Hardwood Floors, Stainless Steel Appliances, Tub/Shower, Washer/Dryer ONE TIME EXPENSES Admin Fee $350 Application Fee $100 PET POLICY Dog Allowed 2 Maximum Restrictions: Breed restrictions apply Cat Allowed 2 Maximum 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 22 Exhibit 2 Exhibit 2 73 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk 8 5550 Nepsa Way - Blu Atlantic Delray Beach, Florida - Outer Delray Beach Neighborhood PROPERTY MANAGER Rohdie - Blu Atlantic (561) 498-2600 PROPERTY 5.60 Miles Property Size:171 Units, 3 Floors Avg. Unit Size:1,062 SF Year Built:2013 Type:Apartments - All Rent Type: Parking:440 Spaces; 2.6 per Unit Distance to Subject: Distance to Transit:- Market OWNER - UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Availability Avg Asking Rent Avg Effective Rent UNIT BREAKDOWN 1 1 768 36 21.1%3 8.3%$1,989 $2.59 $1,984 $2.58 0.3% 2 2 1,050 45 26.3%1 2.2%$2,349 $2.24 $2,343 $2.23 0.3% 2 2 1,106 22 12.9%2 9.1%$2,399 $2.17 $2,393 $2.16 0.3% 2 2 1,110 32 18.7%0 0.0%$2,399 $2.16 $2,393 $2.16 0.3% 3 2 1,303 36 21.1%0 0.0%$2,949 $2.26 $2,941 $2.26 0.3% Totals Avg SF Units Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions All 1 Beds 768 36 21.1%3 8.3%$1,989 $2.59 $1,984 $2.58 0.3% All 2 Beds 1,082 99 57.9%3 3.0%$2,376 $2.20 $2,370 $2.19 0.3% All 3 Beds 1,303 36 21.1%0 0.0%$2,949 $2.26 $2,941 $2.26 0.3% Totals 1,062 171 100%6 3.5%$2,415 $2.27 $2,409 $2.27 0.3% Updated July 21, 2023Estimate SITE AMENITIES Business Center, Clubhouse, Fitness Center, Laundry Facilities, Lounge, Maintenance on site, Package Service, Playground, Pool, Property Manager on Site, Storage Space, Sundeck, Waterfront UNIT AMENITIES Air Conditioning, Cable Ready, Carpet, Ceiling Fans, Dining Room, Dishwasher, Disposal, Heating, High Speed Internet Access, Kitchen, Microwave, Range, Tub/Shower, Vinyl Flooring, Walk-In Closets, Washer/Dryer, Window Coverings RECURRING EXPENSES Dog Rent $30 Cat Rent $20 Unassigned Garage Parking $200 Free Unassigned Surface Lot Parking Storage Fee $40 ONE TIME EXPENSES Dog Fee $500 Cat Fee $500 Admin Fee $299 Application Fee $99 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 23 Exhibit 2 Exhibit 2 74 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk PET POLICY Dog Allowed One-Time Fee: $500-500, $30/Mo, 2 Maximum Restrictions: Breed restrictions apply. Non-refundable pet fee of $500 for 1 pet or $750 for 2 pets. No Weight Limit Cat Allowed One-Time Fee: $500-500, $20/Mo, 2 Maximum Restrictions: Breed restrictions apply. Non-refundable pet fee of $500 for 1 pet or $750 for 2 pets. No Weight Limit 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 24 Exhibit 2 Exhibit 2 75 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk 9 5600 W Atlantic Ave - Oasis Delray Beach Apartments Delray Beach, Florida - Outer Delray Beach Neighborhood PROPERTY MANAGER Highmark - Oasis Delray Beach Apartments (561) 638-0920 PROPERTY 6.16 Miles Property Size:324 Units, 3 Floors Avg. Unit Size:1,133 SF Year Built:1998 Type:Apartments - All Rent Type: Parking:780 Spaces; 2.4 per Unit Distance to Subject: Distance to Transit:- Market OWNER Purchased Jan 2016 $71,548,591 ($222,201/Unit) - Part of Portfolio UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Availability Avg Asking Rent Avg Effective Rent UNIT BREAKDOWN 1 1 751 30 9.3%3 10.0%$1,962 $2.61 $1,962 $2.61 0.0% 1 1 841 59 18.2%1 1.7%$2,156 $2.56 $2,156 $2.56 0.0% 1 1 862 29 9.0%0 0.0%$2,228 $2.58 $2,228 $2.58 0.0% 2 2 1,072 45 13.9%3 6.7%$2,403 $2.24 $2,403 $2.24 0.0% 2 2 1,327 75 23.1%0 0.0%$2,631 $1.98 $2,631 $1.98 0.0% 3 2 1,298 43 13.3%0 0.0%$2,700 $2.08 $2,700 $2.08 0.0% 3 3 1,543 43 13.3%0 0.0%$3,551 $2.30 $3,551 $2.30 0.0% Totals Avg SF Units Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions All 1 Beds 823 118 36.4%4 3.4%$2,124 $2.58 $2,124 $2.58 0.0% All 2 Beds 1,231 120 37.0%3 2.5%$2,546 $2.07 $2,546 $2.07 0.0% All 3 Beds 1,421 86 26.5%0 0.0%$3,126 $2.20 $3,126 $2.20 0.0% Totals 1,133 324 100%7 2.2%$2,546 $2.25 $2,546 $2.25 0.0% Updated August 01, 2023Estimate SITE AMENITIES Breakfast/Coffee Concierge, Business Center, Car Wash Area, Clubhouse, Controlled Access, Fitness Center, Gameroom, Gated, Grill, Package Service, Pet Play Area, Picnic Area, Property Manager on Site, Renters Insurance Program, Sauna, Spa, Volleyball Court, Walking/Biking Trails, Waterfront UNIT AMENITIES Air Conditioning, Balcony, Cable Ready, Carpet, Ceiling Fans, Dishwasher, Disposal, Granite Countertops, Hardwood Floors, Heating, High Speed Internet Access, Kitchen, Linen Closet, Microwave, Refrigerator, Smoke Free, Sprinkler System, Stainless Steel Appliances, Storage Space, Tile Floors, Views, Walk-In Closets, Washer/Dryer, Wheelchair Accessible (Rooms) RECURRING EXPENSES Free Dog Rent Free Cat Rent ONE TIME EXPENSES Admin Fee $350 Application Fee $50 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 25 Exhibit 2 Exhibit 2 76 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk PET POLICY Dog Allowed 2 Maximum Restrictions: Aggressive dogs or any dog with a bite history will not be accepted. Add. $150 for 2nd pe Cat Allowed 2 Maximum Add. $150 for 2nd pet 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 26 Exhibit 2 Exhibit 2 77 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk 10 1351 S Federal Hwy - One Boynton Boynton Beach, Florida - Outer Boynton Beach Neighborhood PROPERTY MANAGER RangeWater - One Boynton (844) 559-1017 PROPERTY 0.20 Miles Property Size:494 Units, 5 Floors Avg. Unit Size:1,152 SF Year Built:2009 Type:Apartments - All Rent Type: Parking:980 Spaces; 2.0 per Unit Distance to Subject: Distance to Transit:- Market OWNER Purchased Aug 2021 $171,000,000 ($346,154/Unit) UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Availability Avg Asking Rent Avg Effective Rent UNIT BREAKDOWN 1 1 789 12 2.4%4 33.3%$1,931 $2.45 $1,921 $2.44 0.5% 1 1 890 163 33.0%3 1.8%$2,105 $2.37 $2,095 $2.35 0.5% 1 1 1,032 25 5.1%0 0.0%$1,924 $1.86 $1,915 $1.86 0.5% 2 2 1,103 26 5.3%1 3.9%$2,697 $2.45 $2,684 $2.43 0.5% 2 2 1,153 19 3.8%1 5.3%$2,617 $2.27 $2,605 $2.26 0.5% 2 2 1,222 11 2.2%1 9.1%$2,713 $2.22 $2,700 $2.21 0.5% 2 2 1,227 122 24.7%6 4.9%$2,790 $2.27 $2,777 $2.26 0.5% 2 2 1,262 4 0.8%0 0.0%$2,734 $2.17 $2,721 $2.16 0.5% 2 2 1,432 8 1.6%1 12.5%$3,027 $2.11 $3,012 $2.10 0.5% 2 2 1,437 18 3.6%2 11.1%$2,923 $2.03 $2,909 $2.02 0.5% 2 2 1,479 2 0.4%0 0.0%$2,449 $1.66 $2,437 $1.65 0.5% 3 2 1,249 24 4.9%2 8.3%$2,725 $2.18 $2,712 $2.17 0.5% 3 2 1,368 22 4.5%3 13.6%$2,867 $2.10 $2,853 $2.09 0.5% 3 2 1,580 14 2.8%2 14.3%$2,979 $1.89 $2,965 $1.88 0.5% 3 2 1,870 1 0.2%1 100%$2,962 $1.58 $2,948 $1.58 0.5% 3 2 2,000 2 0.4%1 50.0%$3,985 $1.99 $3,967 $1.98 0.5% 3 2.5 2,000 19 3.8%0 0.0%$4,704 $2.35 $4,682 $2.34 0.5% 3 3 1,870 2 0.4%0 0.0%$3,420 $1.83 $3,404 $1.82 0.5% Totals Avg SF Units Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions All 1 Beds 902 200 40.5%7 3.5%$2,072 $2.30 $2,062 $2.29 0.5% All 2 Beds 1,234 210 42.5%12 5.7%$2,775 $2.25 $2,762 $2.24 0.5% All 3 Beds 1,545 84 17.0%9 10.7%$3,301 $2.14 $3,286 $2.13 0.5% Totals 1,152 494 100%28 5.7%$2,580 $2.24 $2,568 $2.23 0.5% Updated August 01, 2023Estimate SITE AMENITIES Basketball Court, Bicycle Storage, Breakfast/Coffee Concierge, Business Center, Clubhouse, Controlled Access, Courtyard, Elevator, Fitness Center, Gated, Grill, Guest Apartment, Laundry Facilities, Maintenance on site, Media Center/Movie Theatre, Package Service, Picnic Area, Property Manager on Site, Recycling, Spa, Wi-Fi 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 27 Exhibit 2 Exhibit 2 78 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk UNIT AMENITIES Air Conditioning, Balcony, Cable Ready, Ceiling Fans, Dishwasher, Disposal, Granite Countertops, Microwave, Oven, Patio, Refrigerator, Security System, Views, Walk-In Closets, Washer/Dryer, Window Coverings RECURRING EXPENSES Dog Rent $20 Cat Rent $20 ONE TIME EXPENSES Dog Fee $500 Cat Fee $500 PET POLICY Dog Allowed One-Time Fee: $500-500, $20/Mo, 2 Maximum, 100 lb. Maximum Restrictions: Tosa Inu/Ken, American Bandogge, Cane Corso, Rottweiler, Doberman, Pit Bull, Bull Terrier, Staffordshire Terrier, Dogo Argentino, Boer Boel, Gull Dong, Basenji, Mastiff, Perro de Presa Canario, Fila Brasiliero, Wolf Hybrid, Caucasian Oucharka, Alaskan Malamutes, Kangal, German Shepard, Shepard, Chow, Spitz, Akita, Reptiles, Rabbits and Pot Bellied Pigs. Mixed breeds containing these bloodlines are also prohibited. Cat Allowed One-Time Fee: $500-500, $20/Mo, 2 Maximum, 50 lb. Maximum 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 28 Exhibit 2 Exhibit 2 79 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk 11 3609 High Ridge Way - High Ridge Landing Boynton Beach, Florida - Outer Boynton Beach Neighborhood PROPERTY MANAGER Yuksel Inc- High Ridge Landing (561) 899-4934 PROPERTY 3.32 Miles Property Size:184 Units, 3 Floors Avg. Unit Size:1,049 SF Year Built:Dec 2016 Type:Apartments - All Rent Type: Parking:320 Spaces; 1.7 per Unit Distance to Subject: Distance to Transit:- Market OWNER Purchased Sep 2022 $71,000,000 ($385,870/Unit) UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Availability Avg Asking Rent Avg Effective Rent UNIT BREAKDOWN 1 1 833 48 26.1%4 8.3%$1,980 $2.38 $1,960 $2.35 1.0% 2 2 1,087 71 38.6%6 8.5%$2,234 $2.06 $2,212 $2.03 1.0% 2 2 1,138 41 22.3%1 2.4%$2,284 $2.01 $2,261 $1.99 1.0% 3 2 1,219 24 13.0%3 12.5%$2,860 $2.35 $2,831 $2.32 1.0% Totals Avg SF Units Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions All 1 Beds 833 48 26.1%4 8.3%$1,980 $2.38 $1,960 $2.35 1.0% All 2 Beds 1,106 112 60.9%7 6.3%$2,252 $2.04 $2,230 $2.02 1.0% All 3 Beds 1,219 24 13.0%3 12.5%$2,860 $2.35 $2,831 $2.32 1.0% Totals 1,049 184 100%14 7.6%$2,261 $2.15 $2,238 $2.13 1.0% Updated July 27, 2023Estimate SITE AMENITIES 24 Hour Access, Business Center, Car Charging Station, Fenced Lot, Fitness Center, Gated, Pond, Pool, Waterfront UNIT AMENITIES Air Conditioning, Balcony, Carpet, Ceiling Fans, Granite Countertops, Heating, Microwave, Patio, Range, Tub/Shower, Washer/Dryer, Wheelchair Accessible (Rooms) ONE TIME EXPENSES Admin Fee $400 Application Fee $85 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 29 Exhibit 2 Exhibit 2 80 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk 12 1575 SW 8th St - Verona at Boynton Beach Boynton Beach, Florida - Outer Boynton Beach Neighborhood PROPERTY MANAGER Waterton - Verona at Boynton Beach (561) 210-1700 PROPERTY 1.37 Miles Property Size:216 Units, 3 Floors Avg. Unit Size:1,097 SF Year Built:2002 Type:Apartments - All Rent Type: Parking:440 Spaces; 2.0 per Unit Distance to Subject: Distance to Transit:- Market OWNER Purchased Apr 2022 $80,000,000 ($370,370/Unit) UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Availability Avg Asking Rent Avg Effective Rent UNIT BREAKDOWN 1 1 822 36 16.7%5 13.9%$1,920 $2.34 $1,901 $2.31 1.0% 1 1 924 36 16.7%0 0.0%$1,918 $2.08 $1,899 $2.06 1.0% 2 2 1,116 54 25.0%3 5.6%$2,407 $2.16 $2,383 $2.14 1.0% 2 2 1,220 54 25.0%0 0.0%$2,386 $1.96 $2,362 $1.94 1.0% 3 2 1,281 18 8.3%0 0.0%$2,615 $2.04 $2,589 $2.02 1.0% 3 2 1,387 18 8.3%1 5.6%$2,664 $1.92 $2,637 $1.90 1.0% Totals Avg SF Units Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions All 1 Beds 873 72 33.3%5 6.9%$1,919 $2.20 $1,900 $2.18 1.0% All 2 Beds 1,168 108 50.0%3 2.8%$2,396 $2.05 $2,372 $2.03 1.0% All 3 Beds 1,334 36 16.7%1 2.8%$2,639 $1.98 $2,613 $1.96 1.0% Totals 1,097 216 100%9 4.2%$2,278 $2.08 $2,255 $2.05 1.0% Updated August 01, 2023Estimate SITE AMENITIES Business Center, Clubhouse, Controlled Access, Fitness Center, Grill, Laundry Facilities, Maintenance on site, Picnic Area, Playground, Property Manager on Site, Putting Greens, Sundeck, Volleyball Court UNIT AMENITIES Air Conditioning, Ceiling Fans, Dishwasher, Disposal, Microwave, Walk-In Closets, Washer/Dryer, Window Coverings ONE TIME EXPENSES Admin Fee $345 Application Fee $90 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 30 Exhibit 2 Exhibit 2 81 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk 13 7933 Venture Center Way - Cortland West Boynton Boynton Beach, Florida - Outer Royal Palm Beach/Wellington Neighborhood PROPERTY MANAGER Cortland - Cortland West Boynton (561) 369-2841 PROPERTY 7.03 Miles Property Size:264 Units, 3 Floors Avg. Unit Size:1,143 SF Year Built:2000 Type:Apartments - All Rent Type: Parking:378 Spaces; 1.4 per Unit Distance to Subject: Distance to Transit:- Market OWNER Purchased Sep 2021 $89,900,000 ($340,530/Unit) - Part of Portfolio UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Availability Avg Asking Rent Avg Effective Rent UNIT BREAKDOWN 1 1 867 72 27.3%7 9.7%$1,922 $2.22 $1,915 $2.21 0.4% 2 1 1,105 24 9.1%2 8.3%$2,411 $2.18 $2,402 $2.17 0.4% 2 2 1,200 104 39.4%5 4.8%$2,436 $2.03 $2,426 $2.02 0.4% 3 2 1,374 64 24.2%10 15.6%$2,651 $1.93 $2,641 $1.92 0.4% Totals Avg SF Units Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions All 1 Beds 867 72 27.3%7 9.7%$1,922 $2.22 $1,915 $2.21 0.4% All 2 Beds 1,182 128 48.5%7 5.5%$2,431 $2.06 $2,422 $2.05 0.4% All 3 Beds 1,374 64 24.2%10 15.6%$2,651 $1.93 $2,641 $1.92 0.4% Totals 1,143 264 100%24 9.1%$2,346 $2.05 $2,337 $2.04 0.4% Updated August 02, 2023Estimate SITE AMENITIES Business Center, Cabana, Clubhouse, Fitness Center, Grill, Laundry Facilities, Package Service, Picnic Area, Pool, Racquetball Court, Smoke Free, Walking/Biking Trails, Wi-Fi UNIT AMENITIES Air Conditioning, Balcony, Ceiling Fans, Dishwasher, Granite Countertops, Microwave, Patio, Security System, Stainless Steel Appliances, Views, Walk-In Closets, Washer/Dryer RECURRING EXPENSES Dog Rent $25 Cat Rent $25 Unassigned Garage Parking $150 ONE TIME EXPENSES Dog Fee $400 Cat Fee $400 Admin Fee $250 Application Fee $99 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 31 Exhibit 2 Exhibit 2 82 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk PET POLICY Dog Allowed One-Time Fee: $400-400, $25/Mo, 2 Maximum Restrictions: Certain aggressive breeds, including mixed breeds, are restricted at all Cortland communities. We do not allow the following aggressive breeds/mixes at our communities, including, but not limited to: Rottweiler, Chow, Presa Carnario, Doberman, Akita, Pit Bulls (Also known as American Staffordshire Terrier, Staffordsire Bull Terrier, or Bull Terrier). We welcome two pets per apartment home. Certain aggressive breeds, including mixed breeds, are restricted at all Cortland communities. Please call our Leasing Office for complete pet policy. Cat Allowed One-Time Fee: $400-400, $25/Mo, 2 Maximum Restrictions: Certain aggressive breeds, including mixed breeds, are restricted at all Cortland communities. We do not allow the following aggressive breeds/mixes at our communities, including, but not limited to: Rottweiler, Chow, Presa Carnario, Doberman, Akita, Pit Bulls (Also known as American Staffordshire Terrier, Staffordsire Bull Terrier, or Bull Terrier). We welcome two pets per apartment home. Certain aggressive breeds, including mixed breeds, are restricted at all Cortland communities. Please call our Leasing Office for complete pet policy. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 32 Exhibit 2 Exhibit 2 83 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk 14 9873 Lawrence Rd - Latitude Pointe Boynton Beach, Florida - Bent Tree/Boynton Beach Neighborhood PROPERTY MANAGER Klingbeil - Latitude Pointe (561) 738-4766 PROPERTY 3.30 Miles Property Size:280 Units, 3 Floors Avg. Unit Size:1,060 SF Year Built:1989 Renov 2020 Type:Apartments - All Rent Type: Parking:500 Spaces; 1.8 per Unit Distance to Subject: Distance to Transit:- Market OWNER Purchased Feb 2019 $51,800,000 ($185,000/Unit) UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Availability Avg Asking Rent Avg Effective Rent UNIT BREAKDOWN 1 1 760 58 20.7%2 3.5%$2,020 $2.66 $2,020 $2.66 0.0% 2 1 900 58 20.7%4 6.9%$1,925 $2.14 $1,925 $2.14 0.0% 2 2 1,200 144 51.4%4 2.8%$2,120 $1.77 $2,120 $1.77 0.0% 3 2 1,400 20 7.1%4 20.0%$2,745 $1.96 $2,745 $1.96 0.0% Totals Avg SF Units Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions All 1 Beds 760 58 20.7%2 3.5%$2,020 $2.66 $2,020 $2.66 0.0% All 2 Beds 1,114 202 72.1%8 4.0%$2,064 $1.85 $2,064 $1.85 0.0% All 3 Beds 1,400 20 7.1%4 20.0%$2,745 $1.96 $2,745 $1.96 0.0% Totals 1,061 280 100%14 5.0%$2,104 $1.98 $2,104 $1.98 0.0% Updated August 02, 2023Estimate SITE AMENITIES Basketball Court, Business Center, Car Wash Area, Clubhouse, Fitness Center, Grill, Picnic Area, Playground, Property Manager on Site, Spa, Tennis Court, Volleyball Court, Waterfront, Wi-Fi UNIT AMENITIES Air Conditioning, Balcony, Cable Ready, Carpet, Dishwasher, Disposal, Eat-in Kitchen, Heating, High Speed Internet Access, Ice Maker, Refrigerator, Smoke Free, Storage Space, Tile Floors, Vaulted Ceiling, Views, Washer/Dryer, Wheelchair Accessible (Rooms) RECURRING EXPENSES Dog Rent $25 Cat Rent $25 Unassigned Garage Parking $95-0 ONE TIME EXPENSES Dog Fee $350 Cat Fee $350 Admin Fee $300 Application Fee $75 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 33 Exhibit 2 Exhibit 2 84 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk PET POLICY Dog Allowed One-Time Fee: $350-350, $25/Mo, 2 Maximum Pet Fee $350 (1) Pet and $600 (2 Pets) along with $25 per month and per pet fee. Cat Allowed One-Time Fee: $350-350, $25/Mo, 2 Maximum Pet Fee $350 (1) Pet and $600 (2 Pets) along with $25 per month and per pet fee. Other Allowed Restrictions: Pets Welcome Upon Approval. Breed restrictions apply. Limit of 2 pets per home. Non-refundable pet fee is $300 for one pet and $600 for two pets. Monthly pet rent of $35 will be charged per pet. Domestic animals, indoor cats only, no exotic animals. Breed restrictions apply; no aggressive breeds, current vet records, and pet photo required prior to move-in. Pet Amenities: Bark Park Pet Waste Stations 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 34 Exhibit 2 Exhibit 2 85 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk 15 100 Newlake Dr - The Cove at Boynton Beach Apartments Boynton Beach, Florida - Outer Boynton Beach Neighborhood PROPERTY MANAGER Highmark - The Cove at Boynton Beach Ap… (561) 735-4388 PROPERTY 1.24 Miles Property Size:548 Units, 3 Floors Avg. Unit Size:1,201 SF Year Built:1996 Type:Apartments - All Rent Type: Parking:1650 Spaces; 3.0 per Unit Distance to Subject: Distance to Transit:- Market OWNER Purchased Jan 2016 $94,936,533 ($173,242/Unit) - Part of Portfolio UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Availability Avg Asking Rent Avg Effective Rent UNIT BREAKDOWN 1 1 833 32 5.8%0 0.0%$1,827 $2.19 $1,811 $2.17 0.9% 1 1 865 108 19.7%3 2.8%$1,799 $2.08 $1,784 $2.06 0.9% 2 2 1,198 128 23.4%3 2.3%$2,057 $1.72 $2,040 $1.70 0.9% 2 2 1,246 120 21.9%3 2.5%$1,981 $1.59 $1,964 $1.58 0.9% 2 2 1,503 48 8.8%2 4.2%$2,694 $1.79 $2,671 $1.78 0.9% 3 2 1,361 36 6.6%2 5.6%$2,622 $1.93 $2,600 $1.91 0.9% 3 2 1,385 16 2.9%0 0.0%$2,634 $1.90 $2,612 $1.89 0.8% 3 2 1,437 36 6.6%1 2.8%$2,784 $1.94 $2,760 $1.92 0.9% 3 2 1,690 24 4.4%1 4.2%$2,848 $1.69 $2,824 $1.67 0.9% Totals Avg SF Units Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions All 1 Beds 858 140 25.5%3 2.1%$1,805 $2.10 $1,790 $2.09 0.9% All 2 Beds 1,267 296 54.0%8 2.7%$2,129 $1.68 $2,111 $1.67 0.9% All 3 Beds 1,459 112 20.4%4 3.6%$2,724 $1.87 $2,701 $1.85 0.9% Totals 1,202 548 100%15 2.7%$2,168 $1.80 $2,150 $1.79 0.9% Updated August 01, 2023Estimate SITE AMENITIES Car Wash Area, Controlled Access, Courtyard, Fitness Center, Gated, Laundry Facilities, Package Service, Playground, Renters Insurance Program, Storage Space, Tennis Court UNIT AMENITIES Air Conditioning, Cable Ready, Carpet, Ceiling Fans, Dishwasher, Kitchen, Satellite TV, Security System, Sprinkler System, Views, Walk-In Closets, Washer/Dryer RECURRING EXPENSES Free Dog Rent Free Cat Rent Storage Fee $75 ONE TIME EXPENSES Admin Fee $350 Application Fee $50 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 35 Exhibit 2 Exhibit 2 86 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk PET POLICY Dog Allowed 2 Maximum, 80 lb. Maximum Restrictions: A maximum of 2 animals are allowed per apartment. Aggressive dogs or any dog with a bite history will not be accepted Pet deposit $250 per pet. Non-Refundable pet fee $500 and $150 additional pet. Pet rent $25 per pet. Cat Allowed 2 Maximum, 80 lb. Maximum Pet deposit $250 per pet. Non-Refundable pet fee $500 and $150 additional pet. Pet rent $25 per pet. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 36 Exhibit 2 Exhibit 2 87 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk 16 3930 Max Pl - Gateway Club Boynton Beach, Florida - Outer Boynton Beach Neighborhood PROPERTY MANAGER Northland - Gateway Club (561) 738-7777 PROPERTY 3.79 Miles Property Size:319 Units, 2 Floors Avg. Unit Size:1,228 SF Year Built:1999 Type:Apartments - All Rent Type: Parking:848 Spaces; 2.7 per Unit Distance to Subject: Distance to Transit:- Market OWNER Purchased Jun 2019 Not Disclosed UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Availability Avg Asking Rent Avg Effective Rent UNIT BREAKDOWN 1 1 925 72 22.6%5 6.9%$1,780 $1.92 $1,780 $1.92 0.0% 2 2 1,220 100 31.3%1 1.0%$2,135 $1.75 $2,135 $1.75 0.0% 2 2 1,250 66 20.7%5 7.6%$2,165 $1.73 $2,165 $1.73 0.0% 3 2 1,450 48 15.0%4 8.3%$2,465 $1.70 $2,465 $1.70 0.0% 3 2 1,550 33 10.3%1 3.0%$2,665 $1.72 $2,665 $1.72 0.0% Totals Avg SF Units Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions All 1 Beds 925 72 22.6%5 6.9%$1,780 $1.92 $1,780 $1.92 0.0% All 2 Beds 1,232 166 52.0%6 3.6%$2,147 $1.74 $2,147 $1.74 0.0% All 3 Beds 1,491 81 25.4%5 6.2%$2,546 $1.71 $2,546 $1.71 0.0% Totals 1,228 319 100%16 5.0%$2,166 $1.76 $2,166 $1.76 0.0% Updated August 01, 2023Estimate SITE AMENITIES Business Center, Clubhouse, Controlled Access, Fitness Center, Grill, Laundry Facilities, Maintenance on site, Package Service, Picnic Area, Playground, Property Manager on Site, Spa, Sundeck, Tennis Court, Waterfront UNIT AMENITIES Air Conditioning, Cable Ready, Carpet, Ceiling Fans, Dining Room, Dishwasher, Disposal, Heating, High Speed Internet Access, Kitchen, Microwave, Range, Security System, Tile Floors, Tub/Shower, Walk-In Closets, Washer/Dryer, Window Coverings RECURRING EXPENSES Dog Rent $25 Cat Rent $25 Unassigned Garage Parking $180-0 ONE TIME EXPENSES Dog Fee $475 Cat Fee $475 Admin Fee $360 Application Fee $100 PET POLICY Dog Allowed One-Time Fee: $475-475, $25/Mo, 3 Maximum Cat Allowed One-Time Fee: $475-475, $25/Mo, 3 Maximum Restrictions: Breed Restrictions apply 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 37 Exhibit 2 Exhibit 2 88 Rent Comparables 630 E Woolbright Rd - Avion Riverwalk 17 117 NE 9th Ave - The Heart of Boynton Beach Boynton Beach, Florida - Outer Boynton Beach Neighborhood PROPERTY MANAGER Centennial - Heart of Boynton Beach Villag… (305) 821-0330 PROPERTY 1.59 Miles Property Size:124 Units, 4 Floors Avg. Unit Size:696 SF Year Built:- Type:Apartments - All Rent Type: Parking:- Distance to Subject: Distance to Transit:- Market/Affordable OWNER - UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Availability Avg Asking Rent Avg Effective Rent UNIT BREAKDOWN 1 1 691 124 100%--$1,175 $1.70 $1,175 $1.70 0.0% Totals Avg SF Units Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions All 1 Beds 691 124 100%--$1,175 $1.70 $1,175 $1.70 0.0% Totals 691 124 100%--$1,175 $1.70 $1,175 $1.70 0.0% Updated July 05, 2023Estimate SITE AMENITIES 24 Hour Access UNIT AMENITIES Air Conditioning, Kitchen, Tub/Shower 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 38 Exhibit 2 Exhibit 2 89 Rent Comparables by Bedroom 630 E Woolbright Rd - Avion Riverwalk $2,177 $2,073 $2,568 $3,036 Studio Comps One Bed Comps Two Bed Comps Three Bed Comps Subject $2,490 Subject $2,492 Subject $3,691 Subject $4,710 1 Bedroom 2 Bedroom 3 BedroomCurrent Conditions in Rent Comps Studio Total Number of Units 46 1,810 2,293 844 Vacancy Rate 8.3%6.1%6.5%5.7% Asking Rent Per Unit $2,177 $2,073 $2,568 $3,036 Asking Rent Per SF $3.61 $2.50 $2.11 $2.10 Effective Rents Per Unit $2,170 $2,061 $2,559 $3,026 Effective Rents Per SF $3.59 $2.49 $2.11 $2.10 Concessions 0.3%0.6%0.4%0.3% Changes Past Year in Rent Comps Studio 1 Bedroom 2 Bedroom 3 Bedroom Year-Over-Year Effective Rent Growth 1.5%-0.7%0.7%0.0% Year-Over-Year Vacancy Rate Change 12 Month Absorption in Units 1.3% 0 -2.9% 59 66 -2.8%-2.9% 21 EXISTING UNITS VACANT UNITS ASKING RENT PER UNIT PER MONTH 12 MONTH ABSORPTION IN UNITS 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 39 Exhibit 2 Exhibit 2 90 Studio Rent Comparables 630 E Woolbright Rd - Avion Riverwalk Property Name/Address Rating Studio Rent Per Unit YearQuarterRent/SF Change in Rent 630 E Woolbright Rd Avion Riverwalk 14.0%0.0%$4.34 $2,490 2095 W Atlantic Ave Aura Delray Beach 2.0%0.0%$3.59 $2,335 250 Congress Park Dr Congress Grove 0.8%0.0%$3.64 $1,972 $1,875 $1,999 $1,000 $1,500 $2,000 $2,500 $3,000 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 40 Exhibit 2 Exhibit 2 91 One Bedroom Rent Comparables 630 E Woolbright Rd - Avion Riverwalk Property Name/Address Rating One Bedroom Rent Per Unit YearQuarterRent/SF Change in Rent 3501 S Federal Hwy Seabourn Cove 20.3%30.2%$2.91 $2,587 2095 W Atlantic Ave Aura Delray Beach 2.0%0.0%$3.19 $2,560 $2,490 $2,625 630 E Woolbright Rd Avion Riverwalk -2.0%0.7%$3.27 $2,492 $2,104 $3,265 7606 Atlantic Ave Luma Delray 0.0%0.0%- $2,350 2001 N Federal Hwy Windsor at Delray Beach -12.4%-8.0%$2.71 $2,191 $1,868 $2,315 1100 Audace Ave Pacifica -0.9%1.3%$2.74 $2,181 $2,032 $2,300 5600 W Atlantic Ave Oasis Delray Beach Apartments -7.7%-7.7%$2.58 $2,124 $1,962 $2,228 250 Congress Park Dr Congress Grove 1.3%-5.3%$2.75 $2,092 $1,950 $2,380 1351 S Federal Hwy One Boynton -7.1%-4.1%$2.30 $2,072 $1,924 $2,105 650 Lavers Cir The Atlantic at East Delray -10.3%-2.7%$2.61 $2,068 $2,052 $2,097 9873 Lawrence Rd Latitude Pointe 8.3%10.7%$2.66 $2,020 5550 Nepsa Way Blu Atlantic -0.8%-4.3%$2.59 $1,989 3609 High Ridge Way High Ridge Landing -3.4%0.0%$2.38 $1,980 7933 Venture Center Way Cortland West Boynton -4.8%-2.5%$2.22 $1,922 1575 SW 8th St Verona at Boynton Beach 1.7%0.1%$2.20 $1,919 $1,918 $1,920 100 Newlake Dr The Cove at Boynton Beach A…-3.5%-4.6%$2.11 $1,805 $1,799 $1,827 3930 Max Pl Gateway Club -0.8%0.0%$1.92 $1,780 117 NE 9th Ave The Heart of Boynton Beach 5.6%0.0%$1.70 $1,175 $500 $1,375 $2,250 $3,125 $4,000 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 41 Exhibit 2 Exhibit 2 92 Two Bedroom Rent Comparables 630 E Woolbright Rd - Avion Riverwalk Property Name/Address Rating Two Bedroom Rent Per Unit YearQuarterRent/SF Change in Rent 630 E Woolbright Rd Avion Riverwalk -2.1%0.2%$2.99 $3,691 $3,305 $4,485 3501 S Federal Hwy Seabourn Cove 10.9%12.8%$2.29 $3,290 $3,210 $3,410 2095 W Atlantic Ave Aura Delray Beach 2.1%0.1%$2.87 $3,268 $3,240 $3,300 7606 Atlantic Ave Luma Delray 4.4%0.0%$2.39 $3,033 $2,950 $3,235 2001 N Federal Hwy Windsor at Delray Beach -6.6%-0.1%$2.32 $2,810 $2,622 $3,380 1351 S Federal Hwy One Boynton -2.6%5.7%$2.25 $2,775 $2,449 $3,027 1100 Audace Ave Pacifica 2.5%2.2%$2.45 $2,742 $2,686 $2,817 650 Lavers Cir The Atlantic at East Delray 9.1%-6.0%$2.33 $2,719 250 Congress Park Dr Congress Grove 1.9%-0.5%$2.35 $2,690 $2,575 $2,990 5600 W Atlantic Ave Oasis Delray Beach Apartments -8.3%0.9%$2.07 $2,546 $2,403 $2,631 7933 Venture Center Way Cortland West Boynton -1.5%-1.6%$2.06 $2,431 $2,411 $2,436 1575 SW 8th St Verona at Boynton Beach 5.5%2.4%$2.05 $2,396 $2,386 $2,407 5550 Nepsa Way Blu Atlantic -1.0%1.0%$2.20 $2,376 $2,349 $2,399 3609 High Ridge Way High Ridge Landing -10.2%0.0%$2.04 $2,252 $2,234 $2,284 3930 Max Pl Gateway Club -0.6%3.6%$1.74 $2,147 $2,135 $2,165 100 Newlake Dr The Cove at Boynton Beach A…-0.7%-13.3%$1.68 $2,129 $1,981 $2,694 9873 Lawrence Rd Latitude Pointe -2.4%3.0%$1.85 $2,064 $1,925 $2,120 $1,000 $2,125 $3,250 $4,375 $5,500 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 42 Exhibit 2 Exhibit 2 93 Three Bedroom Rent Comparables 630 E Woolbright Rd - Avion Riverwalk Property Name/Address Rating Three Bedroom Rent Per Unit YearQuarterRent/SF Change in Rent 630 E Woolbright Rd Avion Riverwalk 0.9%0.0%$3.11 $4,710 3501 S Federal Hwy Seabourn Cove 17.4%15.9%$2.23 $3,831 2095 W Atlantic Ave Aura Delray Beach 2.0%0.0%$2.59 $3,565 7606 Atlantic Ave Luma Delray 3.8%0.0%- $3,425 250 Congress Park Dr Congress Grove 8.8%0.0%$2.31 $3,344 1351 S Federal Hwy One Boynton 5.1%-5.5%$2.14 $3,301 $2,725 $4,704 5600 W Atlantic Ave Oasis Delray Beach Apartments 5.7%0.6%$2.20 $3,126 $2,700 $3,551 2001 N Federal Hwy Windsor at Delray Beach -16.8%-8.2%$2.14 $3,092 $3,068 $3,585 650 Lavers Cir The Atlantic at East Delray -8.9%-5.0%$2.39 $3,075 $3,065 $3,085 1100 Audace Ave Pacifica 8.3%3.3%$2.44 $3,041 $2,907 $3,174 5550 Nepsa Way Blu Atlantic 9.6%12.2%$2.26 $2,949 3609 High Ridge Way High Ridge Landing -2.6%0.0%$2.35 $2,860 9873 Lawrence Rd Latitude Pointe -1.3%0.4%$1.96 $2,745 100 Newlake Dr The Cove at Boynton Beach A…-4.9%-1.1%$1.87 $2,724 $2,622 $2,848 7933 Venture Center Way Cortland West Boynton -17.3%-10.6%$1.93 $2,651 1575 SW 8th St Verona at Boynton Beach 0.2%-1.9%$1.98 $2,639 $2,615 $2,664 3930 Max Pl Gateway Club -6.0%0.1%$1.71 $2,546 $2,465 $2,665 $1,500 $2,500 $3,500 $4,500 $5,500 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 43 Exhibit 2 Exhibit 2 94 Changes in Rent Comparables 630 E Woolbright Rd - Avion Riverwalk VACANCY CHANGES PAST QUARTER & YEAR Past QtrLast YearLast QtrNow Vacancy Levels Change Property Name - Address Rating Units Past Year ----292 -Aura Delray Beach -2095 W Atlantic Ave ----126 -The Heart of Boynton Beach -117 NE 9th Ave 63.0%--2.8%-319 65.8%Avion Riverwalk -630 E Woolbright Rd 6.1%-33.5%-0.6%39.6%212 6.7%Luma Delray -7606 Atlantic Ave 4.0%-4.7%-0.3%8.7%324 4.4%Oasis Delray Beach Apartments -5600 W Atlanti… 6.8%1.0%-0.1%5.8%456 6.9%Seabourn Cove -3501 S Federal Hwy 0.1%-1.5%0%1.6%171 0.1%Blu Atlantic -5550 Nepsa Way 8.1%1.0%0%7.1%369 8.1%Congress Grove -250 Congress Park Dr 1.9%-4.2%0%6.1%264 1.9%Cortland West Boynton -7933 Venture Center Way 15.4%11.2%0%4.2%184 15.4%High Ridge Landing -3609 High Ridge Way 3.0%-3.4%0%6.4%494 3.0%One Boynton -1351 S Federal Hwy 6.2%-0.2%0%6.4%324 6.2%Pacifica -1100 Audace Ave 8.0%-10.1%0%18.1%548 8.0%The Cove at Boynton Beach Apartments -100… 10.4%3.1%0%7.3%216 10.4%Verona at Boynton Beach -1575 SW 8th St 3.2%-0.9%0%4.1%188 3.2%Windsor at Delray Beach -2001 N Federal Hwy 8.2%-1.2%0%9.4%280 8.2%Latitude Pointe -9873 Lawrence Rd 4.7%1.5%0.8%3.2%319 3.9%Gateway Club -3930 Max Pl 8.8%3.5%2.3%5.2%228 6.5%The Atlantic at East Delray -650 Lavers Cir ASKING RENT CHANGES PAST QUARTER & YEAR - STUDIO Past QtrLast YearLast QtrNow Rents Levels Change Property Name - Address Rating Units Past Year $2,335 2.0%0%$2,28926$2,335Aura Delray Beach -2095 W Atlantic Ave $2,490 14.0%0%$2,1851$2,490Avion Riverwalk -630 E Woolbright Rd $1,972 0.7%0%$1,95820$1,972Congress Grove -250 Congress Park Dr 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 44 Exhibit 2 Exhibit 2 95 Changes in Rent Comparables 630 E Woolbright Rd - Avion Riverwalk ASKING RENT CHANGES PAST QUARTER & YEAR - ONE BEDROOM Past QtrLast YearLast QtrNow Rents Levels Change Property Name - Address Rating Units Past Year $2,191 -12.4%-7.9%$2,50185$2,380Windsor at Delray Beach -2001 N Federal Hwy $2,124 -7.7%-7.7%$2,302118$2,301Oasis Delray Beach Apartments -5600 W Atlanti… $2,092 1.3%-5.2%$2,066180$2,208Congress Grove -250 Congress Park Dr $1,805 -3.5%-4.6%$1,871140$1,892The Cove at Boynton Beach Apartments -100… $1,989 -0.7%-4.3%$2,00436$2,079Blu Atlantic -5550 Nepsa Way $2,072 -7.1%-4.1%$2,230200$2,160One Boynton -1351 S Federal Hwy $2,068 -10.3%-2.7%$2,30468$2,125The Atlantic at East Delray -650 Lavers Cir $1,922 -4.8%-2.5%$2,01872$1,972Cortland West Boynton -7933 Venture Center Way $2,560 2.0%0%$2,509128$2,560Aura Delray Beach -2095 W Atlantic Ave $1,780 -0.8%0%$1,79572$1,780Gateway Club -3930 Max Pl $1,980 -3.4%0%$2,04948$1,980High Ridge Landing -3609 High Ridge Way $2,350 0%0%$2,35082$2,350Luma Delray -7606 Atlantic Ave $1,175 5.6%0%$1,113124$1,175The Heart of Boynton Beach -117 NE 9th Ave $1,919 1.7%0.1%$1,88872$1,917Verona at Boynton Beach -1575 SW 8th St $2,492 -2.0%0.7%$2,542152$2,474Avion Riverwalk -630 E Woolbright Rd $2,181 -0.9%1.3%$2,200171$2,153Pacifica -1100 Audace Ave $2,020 8.3%10.7%$1,86558$1,825Latitude Pointe -9873 Lawrence Rd $2,587 20.3%30.2%$2,150156$1,987Seabourn Cove -3501 S Federal Hwy 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 45 Exhibit 2 Exhibit 2 96 Changes in Rent Comparables 630 E Woolbright Rd - Avion Riverwalk ASKING RENT CHANGES PAST QUARTER & YEAR - TWO BEDROOM Past QtrLast YearLast QtrNow Rents Levels Change Property Name - Address Rating Units Past Year $2,129 -0.7%-13.3%$2,145296$2,457The Cove at Boynton Beach Apartments -100… $2,719 9.1%-6.0%$2,493112$2,892The Atlantic at East Delray -650 Lavers Cir $2,431 -1.5%-1.6%$2,468128$2,472Cortland West Boynton -7933 Venture Center Way $2,690 1.9%-0.4%$2,641155$2,702Congress Grove -250 Congress Park Dr $2,810 -6.6%-0.1%$3,00855$2,814Windsor at Delray Beach -2001 N Federal Hwy $2,252 -10.2%0%$2,507112$2,252High Ridge Landing -3609 High Ridge Way $3,033 2.7%0%$2,955103$3,033Luma Delray -7606 Atlantic Ave $1,401 4.9%0%$1,3351$1,401The Heart of Boynton Beach -117 NE 9th Ave $3,268 2.1%0.1%$3,201118$3,266Aura Delray Beach -2095 W Atlantic Ave $3,691 -2.1%0.2%$3,769150$3,685Avion Riverwalk -630 E Woolbright Rd $2,546 -8.3%0.9%$2,776120$2,523Oasis Delray Beach Apartments -5600 W Atlanti… $2,376 -1.0%1.0%$2,40099$2,354Blu Atlantic -5550 Nepsa Way $2,742 2.5%2.2%$2,67493$2,681Pacifica -1100 Audace Ave $2,396 5.5%2.4%$2,272108$2,340Verona at Boynton Beach -1575 SW 8th St $2,064 -2.4%3.0%$2,116202$2,003Latitude Pointe -9873 Lawrence Rd $2,147 -0.6%3.6%$2,159166$2,072Gateway Club -3930 Max Pl $2,775 -2.6%5.7%$2,848210$2,625One Boynton -1351 S Federal Hwy $3,290 10.9%12.8%$2,966216$2,917Seabourn Cove -3501 S Federal Hwy 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 46 Exhibit 2 Exhibit 2 97 Changes in Rent Comparables 630 E Woolbright Rd - Avion Riverwalk ASKING RENT CHANGES PAST QUARTER & YEAR - THREE BEDROOM Past QtrLast YearLast QtrNow Rents Levels Change Property Name - Address Rating Units Past Year $2,651 -17.3%-10.6%$3,20764$2,966Cortland West Boynton -7933 Venture Center Way $3,092 -16.8%-8.2%$3,71648$3,368Windsor at Delray Beach -2001 N Federal Hwy $3,301 5.1%-5.5%$3,14284$3,492One Boynton -1351 S Federal Hwy $3,075 -8.9%-5.0%$3,37548$3,238The Atlantic at East Delray -650 Lavers Cir $2,639 0.2%-1.9%$2,63436$2,691Verona at Boynton Beach -1575 SW 8th St $2,724 -4.9%-1.1%$2,866112$2,754The Cove at Boynton Beach Apartments -100… $3,565 2.0%0%$3,49420$3,565Aura Delray Beach -2095 W Atlantic Ave $4,710 0.9%0%$4,66716$4,710Avion Riverwalk -630 E Woolbright Rd $3,344 8.8%0%$3,07514$3,344Congress Grove -250 Congress Park Dr $2,860 -2.6%0%$2,93524$2,860High Ridge Landing -3609 High Ridge Way $3,425 3.8%0%$3,30027$3,425Luma Delray -7606 Atlantic Ave $1,597 4.3%0%$1,5311$1,597The Heart of Boynton Beach -117 NE 9th Ave $2,546 -6.0%0.1%$2,70881$2,545Gateway Club -3930 Max Pl $2,745 -1.3%0.4%$2,78020$2,735Latitude Pointe -9873 Lawrence Rd $3,126 5.7%0.6%$2,95786$3,107Oasis Delray Beach Apartments -5600 W Atlanti… $3,041 8.3%3.3%$2,80860$2,943Pacifica -1100 Audace Ave $2,949 9.6%12.2%$2,69136$2,629Blu Atlantic -5550 Nepsa Way $3,831 17.4%15.9%$3,26484$3,305Seabourn Cove -3501 S Federal Hwy 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 47 Exhibit 2 Exhibit 2 98 Rent Trends 630 E Woolbright Rd - Avion Riverwalk PROPERTY ATTRIBUTES Avion Riverwalk Rent Comps Boynton Beach 3-5 Star Palm Beach 3-5 Star Existing Units 27,186 166,316 Building Rating Under Construction as % of Inventory 9.1%1.9%5.8% 4,577319 - 3.23.13.9 UNIT MIX Avion Riverwalk Rent Comps Boynton Beach 3-5 Star Palm Beach 3-5 Star Studio - 1 Bath 0%0%1%2% 1 Bedroom - 1 Bath 48%34%32%27% 2 Bedroom - 2 Bath 47%41%43%38% 3 Bedroom - 3 Bath 5%1%1%2% ASKING RENTS PER SF Avion Riverwalk Rent Comps Boynton Beach 3-5 Star Palm Beach 3-5 Star Studio - 1 Bath $4.34 $3.61 $4.54 $3.47 1 Bedroom - 1 Bath $3.27 $2.50 $2.45 $2.59 2 Bedroom - 2 Bath $2.99 $2.09 $2.18 $2.21 3 Bedroom - 3 Bath $3.11 $2.28 $1.65 $2.41 Concessions 0.0%0.4%0.8%0.9% AVERAGE EFFECTIVE RENT GROWTH Avion Riverwalk Rent Comps Boynton Beach 3-5 Star Palm Beach 3-5 Star Current Quarter 0.4%0.5%-0.3%0.0% 1 Year Rent Growth -1.8%0.1%-0.7%-0.6% 3 Year Rent Growth -47.7%36.3%33.5% 5 Year Rent Growth -50.2%42.4%38.7% All-Time Average -4.7%3.5%3.5% VACANCY RATE Avion Riverwalk Rent Comps Boynton Beach 3-5 Star Palm Beach 3-5 Star Current Quarter 63.0%6.2%7.8%8.7% Last Quarter 65.8%6.1%8.0%8.8% 1 Year Ago -9.1%8.7%7.8% 3 Years Ago -9.9%9.2%8.3% 5 Years Ago -6.2%9.9%8.1% 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 48 Exhibit 2 Exhibit 2 99 Rent Trends 630 E Woolbright Rd - Avion Riverwalk STUDIO ASKING RENT PER SQUARE FOOT ONE BEDROOM ASKING RENT PER SQUARE FOOT 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 49 Exhibit 2 Exhibit 2 100 Rent Trends 630 E Woolbright Rd - Avion Riverwalk TWO BEDROOM ASKING RENT PER SQUARE FOOT THREE BEDROOM ASKING RENT PER SQUARE FOOT 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 50 Exhibit 2 Exhibit 2 101 Rent Trends 630 E Woolbright Rd - Avion Riverwalk OVERALL ASKING RENT PER SQUARE FOOT OVERALL EFFECTIVE RENT PER SQUARE FOOT 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 51 Exhibit 2 Exhibit 2 102 Rent Trends 630 E Woolbright Rd - Avion Riverwalk ANNUAL EFFECTIVE RENT GROWTH CONCESSIONS 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 52 Exhibit 2 Exhibit 2 103 Rent Trends 630 E Woolbright Rd - Avion Riverwalk VACANCY RATES OCCUPANCY RATES 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 53 Exhibit 2 Exhibit 2 104 Rent Trends 630 E Woolbright Rd - Avion Riverwalk RENT COMPARABLES HISTORICAL DATA BY YEAR RENT COMPARABLES HISTORICAL DATA BY QUARTER PAST 3 YEARS Rental Rates Per SF Vacancy Year Units EffectiveAsking Growth Concessions Units Percent Change Absorption 2023 4,577 $2.21 -0.9%0.4%285 6.2%-0.4%(5)$2.22 2022 4,577 $2.23 1.4%0.6%305 6.7%2.1%110$2.24 2021 4,365 $2.20 32.9%0.3%200 4.6%-3.7%(45)$2.21 2020 4,365 $1.66 3.4%1.6%361 8.3%-5.5%72$1.69 2019 4,365 $1.60 8.0%0.5%600 13.8%6.8%23$1.61 2018 4,041 $1.48 3.9%2.1%283 7.0%0.3%(32)$1.52 2017 4,041 $1.43 2.7%2.1%271 6.7%-5.8%16$1.46 2016 4,041 $1.39 -0.9%1.9%507 12.5%7.9%120$1.42 2015 3,669 $1.40 6.2%0.7%171 4.7%0.2%(13)$1.41 2014 3,669 $1.32 6.1%0.8%162 4.4%-4.5%30$1.33 Rental Rates Per SF Vacancy Quarter Units EffectiveAsking Growth Concessions Units Percent Change Absorption 2023 Q3 4,577 $2.21 0.5%0.4%285 6.2%0.1%(5)$2.22 2023 Q2 4,577 $2.20 -1.3%0.5%280 6.1%-0.3%13$2.21 2023 Q1 4,577 $2.23 -0.1%0.1%294 6.4%-0.2%12$2.24 2022 Q4 4,577 $2.23 1.0%0.6%305 6.7%-2.4%110$2.24 2022 Q3 4,577 $2.21 -0.2%0.5%415 9.1%-0.4%17$2.22 2022 Q2 4,577 $2.22 0.9%0.1%432 9.4%4.2%8$2.22 2022 Q1 4,365 $2.20 -0.2%0.2%228 5.2%0.6%(28)$2.20 2021 Q4 4,365 $2.20 3.2%0.3%200 4.6%1.0%(45)$2.21 2021 Q3 4,365 $2.14 11.5%0.2%155 3.6%-0.2%7$2.14 2021 Q2 4,365 $1.92 12.3%0.5%163 3.7%-2.1%91$1.93 2021 Q1 4,365 $1.71 2.9%1.7%253 5.8%-2.5%107$1.74 2020 Q4 4,365 $1.66 10.6%1.6%361 8.3%-1.7%72$1.69 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 54 Exhibit 2 Exhibit 2 105 630 E Woolbright Rd PREPARED BY Hank Fishkind Construction Survey Avion Riverwalk 319 Unit Apartment Building Boynton Beach, Florida - Outer Boynton Beach Neighborhood Exhibit 2 Exhibit 2 106 Overall Construction Summary 630 E Woolbright Rd - Avion Riverwalk 232 414 124 0 All-Time Annual Average Delivered Past 8 Quarters Deliveries Next 8 Quarters Proposed Next 8 Quarters MAP OF 24 MONTH DELIVERIES, UNDER CONSTRUCTION, PROPOSED PAST AND FUTURE DELIVERIES 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 56 Exhibit 2 Exhibit 2 107 Under Construction Properties 630 E Woolbright Rd - Avion Riverwalk 1 124 1.4%124 Properties Units Percent of Inventory Avg. No. Units UNDER CONSTRUCTION PROPERTIES UNDER CONSTRUCTION SUMMARY STATISTICS Low Average Median High Property Size in Units 124 124 124 124 Number of Stories 4 4 4 4 Average Unit Size SF 691 691 691 691 Star Rating 3.0 Estimated Delivery Date Sep 2023 Sep 2023 Sep 2023 Sep 2023 Months to Delivery 1 1 1 1 Construction Period in Months 20 20 20 20 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 57 Exhibit 2 Exhibit 2 108 Under Construction Properties 630 E Woolbright Rd - Avion Riverwalk COMPLETIONS WITHIN NEXT 3 MONTHS Property Name/Address Rating Units Stories Start Complete Developer/Owner Jan 2022117 NE 9th Ave The Heart of Boynton Be…124 4 Sep 2023 - -1 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 58 Exhibit 2 Exhibit 2 109 Under Construction Properties 630 E Woolbright Rd - Avion Riverwalk 1 117 NE 9th Ave - The Heart of Boynton Beach Boynton Beach, Florida - Outer Boynton Beach Neighborhood CONSTRUCTION INFO Start Date:Jan 2022 Completion Date:Sep 2023 Build Time:20 Months Time to Delivery:1 Month PROPERTY Property Size:124 Units Stories:4 Average Unit Size:696 SF Rent Type:Market/Affordable SITE AMENITIES 24 Hour Access UNIT AMENITIES Air Conditioning, Kitchen, Tub/Shower 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 59 Exhibit 2 Exhibit 2 110 Deliveries Past 12 Months Summary 630 E Woolbright Rd - Avion Riverwalk 1 319 62.4%$3,167 Properties Units Vacancy Rate Avg. Asking Rent/Unit DELIVERIES IN PAST 12 MONTHS DELIVERIES PAST 12 MONTHS SUMMARY STATISTICS Unit Mix Low Average Median High Property Size in Units 319 319 319 319 Studio Units 1 1 1 1 One Bedroom Units 152 152 152 152 Two Bedroom Units 150 150 150 150 Three Bedroom Units 16 16 16 16 Property Attributes Low Average Median High Number of Stories 10 10 10 10 Average Unit Size SF 1,019 1,019 1,019 1,019 Rating 4.0 Leasing Performance Low Average Median High Vacancy Rate 62.4%62.4%62.4%62.4% Asking Rent Per Unit $3,167 $3,167 $3,167 $3,167 Effective Rent Per Unit $3,166 $3,166 $3,166 $3,166 Asking Rent Per SF $3.11 $3.11 $3.11 $3.11 Effective Rent Per SF $3.10 $3.10 $3.10 $3.10 Concessions 0.3%0.3%0.3%0.3% 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 60 Exhibit 2 Exhibit 2 111 Deliveries Past 12 Months Summary 630 E Woolbright Rd - Avion Riverwalk Property Name/Address Rating Units Stories Start Complete Developer/Owner Jan 22630 E Woolbright Rd Avion Riverwalk 319 10 May 23 - Isram Realty & Management Inc. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 61 Exhibit 2 Exhibit 2 112 Deliveries Past 12 Months 630 E Woolbright Rd - Avion Riverwalk 630 E Woolbright Rd - Avion Riverwalk Boynton Beach, Florida - Outer Boynton Beach Neighborhood PROPERTY MANAGER American Land Ventures - Avion Riverwalk (561) 375-5500 PROPERTY 0.00 Miles Property Size:319 Units, 10 Floors Avg. Unit Size:1,019 SF Year Built:May 2023 Type:Apartments - All Rent Type: Parking:- Distance to Subject: Distance to Transit:- Market OWNER - UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Availability Avg Asking Rent Avg Effective Rent UNIT BREAKDOWN Studio 1 574 1 0.3%0 0.0%$2,490 $4.34 $2,340 $4.08 6.0% 1 1 537 8 2.5%0 0.0%$2,104 $3.92 $2,104 $3.92 0.0% 1 1 657 8 2.5%0 0.0%$2,590 $3.94 $2,590 $3.94 0.0% 1 1 768 87 27.3%56 64.4%$2,425 $3.16 $2,425 $3.16 0.0% 1 1 782 36 11.3%18 50.0%$2,450 $3.13 $2,450 $3.13 0.0% 1 1 850 1 0.3%0 0.0%$2,809 $3.30 $2,809 $3.30 0.0% 1 1 856 12 3.8%2 16.7%$3,265 $3.81 $3,265 $3.81 0.0% 2 2 1,050 6 1.9%6 100%$3,325 $3.17 $3,325 $3.17 0.0% 2 2 1,104 8 2.5%6 75.0%$3,345 $3.03 $3,345 $3.03 0.0% 2 2 1,151 16 5.0%15 93.8%$3,305 $2.87 $3,305 $2.87 0.0% 2 2 1,188 20 6.3%4 20.0%$3,730 $3.14 $3,730 $3.14 0.0% 2 2 1,223 36 11.3%33 91.7%$3,530 $2.89 $3,530 $2.89 0.0% 2 2 1,250 1 0.3%1 100%$3,730 $2.98 $3,730 $2.98 0.0% 2 2 1,263 9 2.8%7 77.8%$3,915 $3.10 $3,915 $3.10 0.0% 2 2 1,265 15 4.7%5 33.3%$3,910 $3.09 $3,910 $3.09 0.0% 2 2 1,288 15 4.7%10 66.7%$3,565 $2.77 $3,565 $2.77 0.0% 2 2 1,294 15 4.7%4 26.7%$4,240 $3.28 $4,240 $3.28 0.0% 2 2 1,400 1 0.3%0 0.0%$4,485 $3.20 $4,485 $3.20 0.0% 2 2 1,484 8 2.5%3 37.5%$4,145 $2.79 $4,145 $2.79 0.0% 3 3 1,513 16 5.0%2 12.5%$4,710 $3.11 $4,710 $3.11 0.0% Totals Avg SF Units Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions All Studios 574 1 0.3%0 0.0%$2,490 $4.34 $2,340 $4.08 6.0% All 1 Beds 761 152 47.6%76 50.0%$2,492 $3.27 $2,492 $3.27 0.0% All 2 Beds 1,233 150 47.0%94 62.7%$3,691 $2.99 $3,691 $2.99 0.0% All 3 Beds 1,513 16 5.0%2 12.5%$4,710 $3.11 $4,710 $3.11 0.0% Totals 1,020 319 100%172 53.9%$3,167 $3.10 $3,166 $3.10 0.0% Updated July 31, 2023Estimate SITE AMENITIES Cabana, Fitness Center, Grill, Lounge, Package Service, Pet Play Area, Pet Washing Station, Pool, Roof Terrace, Sauna, Storage Space, Sundeck 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 62 Exhibit 2 Exhibit 2 113 Deliveries Past 12 Months 630 E Woolbright Rd - Avion Riverwalk UNIT AMENITIES Air Conditioning, Ceiling Fans, Granite Countertops, Island Kitchen, Oven, Walk-In Closets, Washer/Dryer, Wi-Fi RECURRING EXPENSES Unassigned Garage Parking $0-100 Storage Fee $95 ONE TIME EXPENSES Dog Fee $350 Cat Fee $350 Admin Fee $250 Application Fee $75 PET POLICY Dog Allowed One-Time Fee: $350-350, 2 Maximum Restrictions: NON-Refundable Pet Fees - $ 350 for 1 pet and $ 450 for 2 pets. Breed Restrictions Apply. No Aggressive Breeds Allowed. Pit Bulls Are Not Permitted. Cat Allowed One-Time Fee: $350-350, 2 Maximum Restrictions: NON-Refundable Pet Fees - $ 350 for 1 pet and $ 450 for 2 pets. Breed Restrictions Apply. No Aggressive Breeds Allowed. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 63 Exhibit 2 Exhibit 2 114 Construction Summary 630 E Woolbright Rd - Avion Riverwalk UNITS UNDER CONSTRUCTION PROJECTED DELIVERY DATES OF UNITS UNDER CONSTRUCTION 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 64 Exhibit 2 Exhibit 2 115 Construction Summary 630 E Woolbright Rd - Avion Riverwalk CONSTRUCTION DELIVERIES IN UNITS CONSTRUCTION STARTS IN UNITS 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 65 Exhibit 2 Exhibit 2 116 Construction Summary 630 E Woolbright Rd - Avion Riverwalk PERCENT OCCUPIED AT DELIVERY UNITS OCCUPIED IN DELIVERIES OVER TIME 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 66 Exhibit 2 Exhibit 2 117 Construction Summary 630 E Woolbright Rd - Avion Riverwalk NEW CONSTRUCTION OCCUPANCY AFTER DELIVERY BY YEAR BUILT ABSORPTION IN UNITS 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 67 Exhibit 2 Exhibit 2 118 Construction Summary 630 E Woolbright Rd - Avion Riverwalk ASKING RENTAL RATES PER UNIT CONCESSIONS IN DELIVERIES PER YEAR 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 68 Exhibit 2 Exhibit 2 119 630 E Woolbright Rd PREPARED BY Hank Fishkind Sale Comparables Avion Riverwalk 319 Unit Apartment Building Boynton Beach, Florida - Outer Boynton Beach Neighborhood Exhibit 2 Exhibit 2 120 Sale Comparables Summary Avion Riverwalk - 630 E Woolbright Rd 15 $384 $105.4 7.0% Sale Comparables Avg. Price/Unit (thous.)Average Price (mil.)Average Vacancy at Sale SALE COMPARABLES LOCATIONS SALE COMPARABLES SUMMARY STATISTICS Sales Attributes Low Average Median High Sale Price $25,000,000 $105,426,216 $82,750,000 $230,000,000 Price Per Unit $137,362 $384,392 $370,370 $653,198 Cap Rate 3.7%3.7%3.7%3.7% Vacancy Rate at Sale 0%7.0%4.6%28.6% Time Since Sale in Months 1.6 16.5 15.9 23.9 Property Attributes Low Average Median High Property Size in Units 160 274 217 494 Number of Floors 2 4 4 15 Average Unit SF 385 1,008 1,049 1,523 Year Built 1970 2011 2016 2022 Star Rating 3.9 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 70 Exhibit 2 Exhibit 2 121 Sale Comparables Summary Avion Riverwalk - 630 E Woolbright Rd Property Information RatingProperty Name/Address Yr Built Units Vacancy Sale Date Price Price/Unit Price/SF Sale Information 900 Water Tower Way Manor Lantana -1 2021 348 16.4%6/15/2023 $138,000,000 $396,551 $575 3609 High Ridge Way High Ridge Landing -2 2016 184 4.4%9/12/2022 $71,000,000 $385,869 $332 5300-5400 NW Broken Sound… Amalta Broken Sound -3 2022 297 18.5%9/8/2022 $194,000,000 $653,198 $579 1625 Renaissance Commons… Monteverde at Renaissance -4 2007 219 0%7/15/2022 $49,643,240 $226,681 $197 12575 Green Cay Farm Blvd Palm Park Apartments -5 2007 160 0%5/12/2022 $40,250,000 $251,562 $230 1050 Blanche St The District Flats -6 2021 178 6.2%4/25/2022 $78,000,000 $438,202 $451 1575 SW 8th St Verona at Boynton Beach -7 2002 216 4.6%4/6/2022 $80,000,000 $370,370 $308 695 S Olive AKA West Palm -8 2020 217 28.6%4/6/2022 $84,000,000 $387,096 $840 1400 Pine Cir Chelsea Commons Apartments -9 1998 208 1.9%12/21/2021 $58,900,000 $283,173 $259 1000 Audace Ave The District Boynton -10 2017 350 5.7%12/21/2021 $125,850,000 $359,571 $321 600 SeaLofts Dr SeaLofts at Boynton Village -11 2020 433 5.1%12/1/2021 $153,000,000 $353,348 $353 151 SE 3rd Ave South of Atlantic -12 2015 172 2.9%10/29/2021 $82,750,000 $481,104 $481 208 Fern St St Andrews Residence Of Pal…-13 1970 182 0%8/25/2021 $25,000,000 $137,362 $196 1351 S Federal Hwy One Boynton -14 2009 494 5.1%8/25/2021 $171,000,000 $346,153 $533 20940 Uptown Ave Cortland Uptown Boca -15 2020 456 2.2%8/5/2021 $230,000,000 $504,385 $504 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 71 Exhibit 2 Exhibit 2 122 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk 1 Manor Lantana - 900 Water Tower Way Lantana, FL 33462 - Outer Boynton Beach Neighborhood SALE Sale Date:6/15/2023 Sale Price:$138,000,000 Price Per Unit:$396,552 Price Per SF:$575 Cap Rate:- PROPERTY Property Size:348 Units, 3 Floors Average Unit Size:1,164 SF Year Built:Dec 2021 Vacancy At Sale:16.4% Parking Spaces:- CONTACTS Buyer:The Praedium Group Seller:Related Development, LLC, Rockpoint FINANCING $75,900,000 from Northwestern Mutual Life Insurance Company: due in 5 yrs UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Vacancy Avg Asking Rent Avg Effective Rent UNIT MIX AT SALE Studio 1 648 32 9.2%5 15.6%$2,083 $3.21 $1,923 $2.97 7.7% 1 1 767 56 16.1%9 16.1%$2,358 $3.07 $2,177 $2.84 7.7% 1 1 831 24 6.9%4 16.7%$2,305 $2.77 $2,128 $2.56 7.7% 1 1 979 18 5.2%3 16.7%$2,378 $2.43 $2,196 $2.24 7.7% 2 2 1,081 32 9.2%5 15.6%$2,715 $2.51 $2,507 $2.32 7.7% 2 2 1,111 16 4.6%3 18.8%$2,757 $2.48 $2,546 $2.29 7.7% 2 2 1,169 48 13.8%8 16.7%$2,900 $2.48 $2,678 $2.29 7.7% 2 2 1,361 18 5.2%3 16.7%$3,362 $2.47 $3,104 $2.28 7.7% 2 2 1,525 18 5.2%3 16.7%$3,765 $2.47 $3,476 $2.28 7.7% 2 2 1,704 18 5.2%3 16.7%$3,525 $2.07 $3,255 $1.91 7.7% 3 2 1,455 16 4.6%3 18.8%$3,219 $2.21 $2,972 $2.04 7.7% 3 2 1,583 16 4.6%3 18.8%$3,511 $2.22 $3,242 $2.05 7.7% 3 2 1,692 18 5.2%3 16.7%$3,777 $2.23 $3,487 $2.06 7.7% 3 2 1,873 18 5.2%3 16.7%$4,007 $2.14 $3,700 $1.98 7.7% Totals 1,164 348 100%57 16.4%$2,892 $2.48 $2,671 $2.29 7.7% SITE AMENITIES Clubhouse, Fitness Center, Media Center/Movie Theatre, Pool UNIT AMENITIES Washer/Dryer TRANSACTION NOTES This 348 Unit multi-family property located at 900 Water Tower Way Lantana, FL sold in an Investment sale for $138MM. The Manor Lantana apartments are located in Palm Beach County and sits on 16.12 acres of land. The Praedium Group acquired the property from a JV formed by Related Group and Rockpoint. The parties involved were not available for comment. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 72 Exhibit 2 Exhibit 2 123 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk 2 High Ridge Landing - 3609 High Ridge Way Boynton Beach, FL 33426 - Outer Boynton Beach Neighborhood SALE Sale Date:9/12/2022 Sale Price:$71,000,000 Price Per Unit:$385,870 Price Per SF:$332 Cap Rate:3.7% PROPERTY Property Size:184 Units, 3 Floors Average Unit Size:1,049 SF Year Built:Dec 2016 Vacancy At Sale:4.4% Parking Spaces:320 Spaces; 1.7 per Unit CONTACTS Buyer:Yuksel, Inc. Seller:American Landmark Listing Broker:ARA Newmark - Avery Klann, Hampton Beebe, Jackson Huggett… FINANCING $37,500,000 from Western-Southern Life Assurance Company UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Vacancy Avg Asking Rent Avg Effective Rent UNIT MIX AT SALE 1 1 833 48 26.1%2 4.2%$2,049 $2.46 $2,049 $2.46 0.0% 2 2 1,087 71 38.6%3 4.2%$2,489 $2.29 $2,489 $2.29 0.0% 2 2 1,138 41 22.3%2 4.9%$2,539 $2.23 $2,539 $2.23 0.0% 3 2 1,219 24 13.0%1 4.2%$2,935 $2.41 $2,935 $2.41 0.0% Totals 1,049 184 100%8 4.4%$2,444 $2.33 $2,444 $2.33 0.0% SITE AMENITIES 24 Hour Access, Business Center, Car Charging Station, Fenced Lot, Fitness Center, Gated, Pond, Pool, Waterfront UNIT AMENITIES Air Conditioning, Balcony, Carpet, Ceiling Fans, Granite Countertops, Heating, Microwave, Patio, Range, Tub/Shower, Washer/Dryer, Wheelchair Accessible (Rooms) TRANSACTION NOTES This report has been verified with a listing broker and the buyer. On September 12, 2022 American Landmark sold the 184-unit apartment community located at 3609 High Ridge Way in Boynton Beach, FL to Yuksel, Inc. for $71 million, or approximately $385,870 per unit. At the time of sale the subject property was called High Ridge Landing. The property was 96% occupied at the time of sale. A 3.7% cap rate was reported. The seller sold the property because they reached the end of their hold period. The buyer is shifting their investment focus from the State of Washington to Florida. This was their up-leg in a 1031 exchange. See CoStar COMP ID# 6130583 and 6144109 for the down-leg transactions. The buyer financed this acquisition with a $37.5 million loan provided by Western-Southern Life Assurance Company. Attempts made to contact the seller were unsuccessful. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 73 Exhibit 2 Exhibit 2 124 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk 3 Amalta Broken Sound - 5300-5400 NW Broken Sound Blvd Boca Raton, FL 33487 - Downtown Boca Raton Neighborhood SALE Sale Date:9/8/2022 Sale Price:$194,000,000 Price Per Unit:$653,199 Price Per SF:$579 Cap Rate:- PROPERTY Property Size:297 Units, 6 Floors Average Unit Size:1,119 SF Year Built:Feb 2022 Vacancy At Sale:18.5% Parking Spaces:- CONTACTS Buyer:Cadillac Fairview, Lincoln Property Company Seller:Related Development, LLC, Rockpoint Listing Broker:Cushman & Wakefield - Robert Given, Zachary Sackley UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Vacancy Avg Asking Rent Avg Effective Rent UNIT MIX AT SALE 1 1 799 56 18.9%10 17.9%$3,050 $3.82 $3,050 $3.82 0.0% 1 1 817 36 12.1%7 19.4%$2,941 $3.60 $2,941 $3.60 0.0% 1 1 914 2 0.7%0 0.0%$3,299 $3.61 $3,299 $3.61 0.0% 1 1 971 4 1.3%1 25.0%$3,401 $3.50 $3,401 $3.50 0.0% 1 1 1,004 6 2.0%1 16.7%$3,499 $3.49 $3,499 $3.49 0.0% 2 2 1,049 18 6.1%3 16.7%$4,297 $4.10 $4,297 $4.10 0.0% 2 2 1,138 65 21.9%12 18.5%$4,182 $3.67 $4,182 $3.67 0.0% 2 2 1,169 39 13.1%7 18.0%$4,475 $3.83 $4,475 $3.83 0.0% 2 2 1,182 4 1.3%1 25.0%$3,953 $3.34 $3,953 $3.34 0.0% 2 2 1,213 5 1.7%1 20.0%$4,822 $3.98 $4,822 $3.98 0.0% 2 2 1,348 6 2.0%1 16.7%$4,595 $3.41 $4,595 $3.41 0.0% 2 2 1,525 6 2.0%1 16.7%$5,905 $3.87 $5,905 $3.87 0.0% 2 2 1,704 6 2.0%1 16.7%$5,399 $3.17 $5,399 $3.17 0.0% 3 2 1,502 22 7.4%4 18.2%$6,055 $4.03 $6,055 $4.03 0.0% 3 2 1,566 6 2.0%1 16.7%$5,550 $3.54 $5,550 $3.54 0.0% 3 2 1,575 4 1.3%1 25.0%$6,119 $3.89 $6,119 $3.89 0.0% 3 2 1,683 6 2.0%1 16.7%$7,730 $4.59 $7,730 $4.59 0.0% 3 2 1,873 6 2.0%1 16.7%$7,805 $4.17 $7,805 $4.17 0.0% Totals 1,120 297 100%55 18.5%$4,246 $3.79 $4,246 $3.79 0.0% SITE AMENITIES Clubhouse, Courtyard, Fitness Center, Gameroom, Lounge, Pet Care, Pool, Spa 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 74 Exhibit 2 Exhibit 2 125 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk TRANSACTION NOTES Manor Broken Sound, a 297-unit multifamily property at 5300-5400 NW Broken Sound Boulevard in Boca Raton, was sold on September 8, 2022 for $194 million. The buyers have re-branded the community as Amalta. The property was completed in February 2022 and was still in lease-up at the time of sale. The occupancy just prior to the sale was reported as 74%. Financing was not found recorded in connection with this transaction. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 75 Exhibit 2 Exhibit 2 126 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk 4 Monteverde at Renaissance - 1625 Renaissance Commons Blvd Boynton Beach, FL 33426 - Renaissance Commons Neighborhood SALE Sale Date:7/15/2022 Sale Price:$49,643,240 Price Per Unit:$226,681 Price Per SF:$197 Cap Rate:- PROPERTY Property Size:219 Units, 6 Floors Average Unit Size:1,240 SF Year Built:2007 Vacancy At Sale:0% Parking Spaces:430 Spaces; 2.0 per Unit CONTACTS Buyer:Angelo Gordon & Co., L.P., ESG Kullen, MRP Realty Seller:ESG Kullen FINANCING $49,240,000 from Mesa West Capital UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Vacancy Avg Asking Rent Avg Effective Rent UNIT MIX AT SALE 1 1 811 15 6.8%0 0.0%$1,613 $1.99 $1,609 $1.98 0.2% 2 2 1,122 51 23.3%0 0.0%$1,779 $1.59 $1,775 $1.58 0.3% 2 2 1,188 51 23.3%0 0.0%$1,842 $1.55 $1,838 $1.55 0.3% 2 2 1,289 51 23.3%0 0.0%$1,923 $1.49 $1,918 $1.49 0.2% 3 2 1,488 51 23.3%0 0.0%$2,164 $1.45 $2,158 $1.45 0.3% Totals 1,240 219 100%0 0.0%$1,905 $1.54 $1,901 $1.53 0.2% SITE AMENITIES Bicycle Storage, Elevator, Fitness Center, Gameroom, Gated, Grill, Pool, Property Manager on Site UNIT AMENITIES Air Conditioning, Kitchen, Microwave, Oven, Range, Refrigerator, Tub/Shower, Views, Wheelchair Accessible (Rooms) TRANSACTION NOTES Monteverde at Renaissance at 1625 Renaissance Commons Boulevard in Boynton Beach was sold on July 15, 2022 for $49,643,240. The lender issued a press release reporting that this was a recapitalization and the seller has retained an ownership interest in the property. The 219-unit multifamily building was constructed in 2006 as condominiums. The original developer sold 101 units and the remaining 118 units were sold to a buyer as rentals. The seller acquired the 118 rental units and has since acquired the remaining 101 units from the individual owners and has terminated the condominium association. The buyers obtained financing in the amount of $49.24 million through Mesa West Capital. The lender reported that the buyers will be making improvements to the community amenities but didn't describe the scope of the capital improvement plans. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 76 Exhibit 2 Exhibit 2 127 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk 5 Palm Park Apartments - 12575 Green Cay Farm Blvd Boynton Beach, FL 33437 - Outer Royal Palm Beach/Wellington Neighborhood SALE Sale Date:5/12/2022 Sale Price:$40,250,000 Price Per Unit:$251,563 Price Per SF:$230 Cap Rate:- PROPERTY Property Size:160 Units, 3 Floors Average Unit Size:999 SF Year Built:2007 Vacancy At Sale:0% Parking Spaces:- CONTACTS Buyer:Blackstone Real Estate Income Trust, Inc. Seller:Housing Trust Group Listing Broker:Berkadia Commercial Mortgage LLC - Roberto Pesant UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Vacancy Avg Asking Rent Avg Effective Rent UNIT MIX AT SALE 1 1 700 16 10.0%0 0.0%$965 $1.38 $965 $1.38 0.0% 2 2 939 84 52.5%0 0.0%$1,166 $1.24 $1,166 $1.24 0.0% 3 2 1,163 60 37.5%0 0.0%$1,353 $1.16 $1,353 $1.16 0.0% Totals 999 160 100%0 0.0%$1,216 $1.22 $1,216 $1.22 0.0% SITE AMENITIES Clubhouse, Elevator, Fitness Center, Gated, Grill, Laundry Facilities, Lounge, Picnic Area, Playground, Walking/Biking Trails UNIT AMENITIES Air Conditioning, Breakfast Nook, Ceiling Fans, Heating, Kitchen, Security System, Walk-In Closets, Washer/Dryer, Wi-Fi TRANSACTION NOTES On May 12th, 2022, the 175,152 square foot /420-unit Palm Park Apartments multifamily community in Boynton Beach, Florida sold for $40,250,000 or $95,833 per unit. Located at 12575 Green Cay Farm Boulevard, this class B apartment complex, delivered in 2007, features a unit mix of one - to three - bedroom units ranging from 700 to 1,163 square feet. Rents range from $965 to $1,353 per unit. The community boasts amenities such as a clubhouse, fitness center and laundry facilities. They buyer, Blackstone Inc, a New York-based publicly traded Real Estate Investment Trust that owns investment properties globally. The details of this transaction were verified via sources deemed reliable. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 77 Exhibit 2 Exhibit 2 128 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk 6 The District Flats - 1050 Blanche St West Palm Beach, FL 33401 - West Palm Beach Neighborhood SALE Sale Date:4/25/2022 Sale Price:$78,000,000 Price Per Unit:$438,202 Price Per SF:$451 Cap Rate:- PROPERTY Property Size:178 Units, 4 Floors Average Unit Size:762 SF Year Built:2021 Vacancy At Sale:6.2% Parking Spaces:- CONTACTS Buyer:Pantzer Properties Seller:Eastwind Development, LLC Buyer Broker:Walker & Dunlop LLC - Still Hunter Listing Broker:Walker & Dunlop LLC - Still Hunter FINANCING $50,700,000 from Truist Bank UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Vacancy Avg Asking Rent Avg Effective Rent UNIT MIX AT SALE Studio 1 551 25 14.0%2 8.0%$1,922 $3.49 $1,922 $3.49 0.0% 1 1 684 60 33.7%4 6.7%$2,170 $3.17 $2,170 $3.17 0.0% 1 1 716 26 14.6%2 7.7%$2,211 $3.09 $2,211 $3.09 0.0% 1 1 873 20 11.2%1 5.0%$2,340 $2.68 $2,340 $2.68 0.0% 2 2 930 27 15.2%2 7.4%$2,905 $3.12 $2,905 $3.12 0.0% 2 2 982 20 11.2%1 5.0%$2,915 $2.97 $2,915 $2.97 0.0% Totals 762 178 100%11 6.2%$2,356 $3.09 $2,356 $3.09 0.0% TRANSACTION NOTES On April 29, 2022 Pantzer Properties acquired the multifamily property located at 1701 Clare Ave. This 178 unit property sold for $78 million. At the time of the sale this property was 96% occupied. Walker & Dunlop represented both sides of this deal. This information was verified from the public record documents from Palm Beach County and the seller. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 78 Exhibit 2 Exhibit 2 129 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk 7 AKA West Palm - 695 S Olive West Palm Beach, FL 33401 - Downtown West Palm Beach Neighborhood SALE Sale Date:4/6/2022 Sale Price:$84,000,000 Price Per Unit:$387,097 Price Per SF:$840 Cap Rate:- PROPERTY Property Size:217 Units, 4 Floors Average Unit Size:387 SF Year Built:Aug 2020 Vacancy At Sale:28.6% Parking Spaces:178 Spaces; 0.8 per Unit CONTACTS Buyer:Electra America, Korman Communities Seller:Transwestern Development Company Listing Broker:Gulfstream RE Advisors - Giovanni Fausone UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Vacancy Avg Asking Rent Avg Effective Rent UNIT MIX AT SALE Studio 1 348 15 6.9%4 26.7%$1,534 $4.41 $1,519 $4.36 1.0% Studio 1 351 30 13.8%9 30.0%$1,588 $4.52 $1,572 $4.48 1.0% Studio 1 352 16 7.4%5 31.3%$1,603 $4.55 $1,587 $4.51 1.0% Studio 1 354 15 6.9%4 26.7%$1,680 $4.75 $1,664 $4.70 1.0% Studio 1 359 15 6.9%4 26.7%$1,581 $4.40 $1,565 $4.36 1.0% Studio 1 367 15 6.9%4 26.7%$1,657 $4.52 $1,641 $4.47 1.0% Studio 1 376 15 6.9%4 26.7%$1,797 $4.78 $1,779 $4.73 1.0% Studio 1 377 15 6.9%4 26.7%$1,844 $4.89 $1,825 $4.84 1.0% Studio 1 382 15 6.9%4 26.7%$1,750 $4.58 $1,732 $4.54 1.0% Studio 1 394 30 13.8%9 30.0%$1,762 $4.47 $1,745 $4.43 1.0% Studio 1 396 15 6.9%4 26.7%$1,727 $4.36 $1,710 $4.32 1.0% Studio 1 413 4 1.8%1 25.0%$1,774 $4.29 $1,756 $4.25 1.0% 1 1 410 1 0.5%0 0.0%$2,234 $5.45 $2,212 $5.40 1.0% 1 1 412 1 0.5%0 0.0%$2,033 $4.93 $2,013 $4.89 1.0% 1 1 426 1 0.5%0 0.0%$2,159 $5.07 $2,137 $5.02 1.0% 1 1 433 1 0.5%0 0.0%$2,078 $4.80 $2,057 $4.75 1.0% 1 1 458 1 0.5%0 0.0%$2,123 $4.64 $2,101 $4.59 1.0% 1 1 464 1 0.5%0 0.0%$1,966 $4.24 $1,946 $4.19 1.0% 1 1 465 1 0.5%0 0.0%$2,190 $4.71 $2,168 $4.66 1.0% 1 1 480 1 0.5%0 0.0%$2,301 $4.79 $2,278 $4.75 1.0% 1 1 508 1 0.5%0 0.0%$2,368 $4.66 $2,345 $4.62 1.0% 1 1 509 1 0.5%0 0.0%$2,413 $4.74 $2,389 $4.69 1.0% 1 1 559 1 0.5%0 0.0%$2,569 $4.60 $2,544 $4.55 1.0% 1 1.5 826 1 0.5%0 0.0%$2,882 $3.49 $2,853 $3.45 1.0% 2 1 612 2 0.9%1 50.0%$4,379 $7.16 $4,336 $7.08 1.0% 2 2 812 1 0.5%0 0.0%$3,290 $4.05 $3,257 $4.01 1.0% 2 2 816 1 0.5%0 0.0%$3,081 $3.78 $3,050 $3.74 1.0% 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 79 Exhibit 2 Exhibit 2 130 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Vacancy Avg Asking Rent Avg Effective Rent UNIT MIX AT SALE CONTINUED 2 2 823 1 0.5%0 0.0%$3,313 $4.03 $3,280 $3.99 1.0% Totals 385 217 100%62 28.6%$1,763 $4.57 $1,745 $4.53 1.0% SITE AMENITIES Bicycle Storage, Controlled Access, Fitness Center, Lounge, Pool UNIT AMENITIES Views TRANSACTION NOTES This report has been verified with the listing broker and by the attached press release from the buyer. On April 6, 2022 Transwestern Development Company sold the 217-unit apartment community located at 695 South Olive Avenue in West Palm Beach, FL to a joint venture between Korman Communities and Electra America for $84 million, or approximately $387,097 per unit. At the time of sale the subject property was called Current. The property was vacant at the time of sale. The buyer plans to convert the property into a 217-room hotel that will be known as AKA West Palm (CoStar Property ID# 12642647). Attempts made to contact the seller and buyer were unsuccessful. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 80 Exhibit 2 Exhibit 2 131 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk 8 Verona at Boynton Beach - 1575 SW 8th St Boynton Beach, FL 33426 - Outer Boynton Beach Neighborhood SALE Sale Date:4/6/2022 Sale Price:$80,000,000 Price Per Unit:$370,370 Price Per SF:$308 Cap Rate:- PROPERTY Property Size:216 Units, 3 Floors Average Unit Size:1,097 SF Year Built:2002 Vacancy At Sale:4.6% Parking Spaces:440 Spaces; 2.0 per Unit CONTACTS Buyer:Waterton Seller:LEM Capital, Robbins Property Associates LLC UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Vacancy Avg Asking Rent Avg Effective Rent UNIT MIX AT SALE 1 1 822 36 16.7%2 5.6%$2,015 $2.45 $2,015 $2.45 0.0% 1 1 924 36 16.7%2 5.6%$1,867 $2.02 $1,867 $2.02 0.0% 2 2 1,116 54 25.0%3 5.6%$2,490 $2.23 $2,490 $2.23 0.0% 2 2 1,220 54 25.0%3 5.6%$2,322 $1.90 $2,322 $1.90 0.0% 3 2 1,281 18 8.3%1 5.6%$2,545 $1.99 $2,545 $1.99 0.0% 3 2 1,387 18 8.3%1 5.6%$2,805 $2.02 $2,805 $2.02 0.0% Totals 1,097 216 100%10 4.6%$2,296 $2.09 $2,296 $2.09 0.0% SITE AMENITIES Business Center, Clubhouse, Controlled Access, Fitness Center, Grill, Laundry Facilities, Maintenance on site, Picnic Area, Playground, Property Manager on Site, Putting Greens, Sundeck, Volleyball Court UNIT AMENITIES Air Conditioning, Ceiling Fans, Dishwasher, Disposal, Microwave, Walk-In Closets, Washer/Dryer, Window Coverings TRANSACTION NOTES This report has been verified by information available to the public. On April 6, 2022 a joint venture between Robbins Property Associates LLC and LEM Capital sold the 216-unit apartment community located at 1575 SW 8th Street in Boynton Beach, FL to Waterton for $80 million, or approximately $370,370 per unit. At the time of sale the subject property was called Verona at Boynton Beach. Attempts made to contact the seller and buyer were unsuccessful. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 81 Exhibit 2 Exhibit 2 132 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk 9 The District Boynton - 1000 Audace Ave Boynton Beach, FL 33426 - Outer Boynton Beach Neighborhood SALE Sale Date:12/21/2021 Sale Price:$125,850,000 Price Per Unit:$359,571 Price Per SF:$321 Cap Rate:- PROPERTY Property Size:350 Units, 4 Floors Average Unit Size:1,012 SF Year Built:Oct 2017 Vacancy At Sale:5.7% Parking Spaces:400 Spaces; 1.1 per Unit CONTACTS Buyer:Nuveen Seller:Ram Realty Listing Broker:ARA Newmark - Avery Klann, Hampton Beebe, Jackson Huggett,… UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Vacancy Avg Asking Rent Avg Effective Rent UNIT MIX AT SALE 1 1 800 140 40.0%8 5.7%$2,430 $3.04 $2,413 $3.02 0.7% 1 1 980 12 3.4%1 8.3%$2,275 $2.32 $2,260 $2.31 0.7% 2 2 1,051 70 20.0%4 5.7%$2,780 $2.65 $2,761 $2.63 0.7% 2 2 1,165 72 20.6%4 5.6%$2,707 $2.32 $2,689 $2.31 0.7% 3 2 1,303 56 16.0%3 5.4%$3,125 $2.40 $3,104 $2.38 0.7% Totals 1,012 350 100%20 5.7%$2,663 $2.63 $2,645 $2.61 0.7% SITE AMENITIES 24 Hour Access, Business Center, Car Charging Station, Clubhouse, Controlled Access, Fitness Center, Lounge, Online Services, Package Service, Pet Washing Station, Playground, Pool, Property Manager on Site, Public Transportation, Smoke Free, Spa, Sundeck UNIT AMENITIES Air Conditioning, Balcony, Ceiling Fans, Freezer, Granite Countertops, Hardwood Floors, Heating, Kitchen, Microwave, Oven, Patio, Range, Refrigerator, Stainless Steel Appliances, Tub/Shower, Walk-In Closets, Washer/Dryer TRANSACTION NOTES On December 21st, 2021 The District Boynton, a 350 unit apartment in Boynton Beach, FL sold for $125,850,000 or $359,571 per unit. The subject property sits on 13. 18 acres of SMU zoned land and was developed in 2017. The property has been stabilized above 90% occupancy since Mid 2019 according to apartments.com research, with 96% occupancy at the time of sale. The current unit mix consists of 152 single bed, 142 two bed, and 56 three bed units with monthly rents between $2,000 to $3,200. Amenities include a clubhouse, a private courtyard with heated saltwater pool and beach entry, a sundeck and 24-hour fitness center. The sellers and developers were Palm Beach Gardens based Ram Realty. NY based Nuveen acquired the property. A mortgage was unavailable at the time of this publication. The details of this transaction were confirmed with sources deemed reliable on both sides of the sale. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 82 Exhibit 2 Exhibit 2 133 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk 10 Chelsea Commons Apartments - 1400 Pine Cir Lake Worth, FL 33463 - Outer Greenacres Neighborhood SALE Sale Date:12/21/2021 Sale Price:$58,900,000 Price Per Unit:$283,173 Price Per SF:$259 Cap Rate:- PROPERTY Property Size:208 Units, 2 Floors Average Unit Size:1,522 SF Year Built:1998 Vacancy At Sale:1.9% Parking Spaces:460 Spaces; 2.2 per Unit CONTACTS Buyer:Starwood Real Estate Income Trust, Inc. Seller:Southport Financial Services UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Vacancy Avg Asking Rent Avg Effective Rent UNIT MIX AT SALE 2 2 999 79 38.0%1 1.3%$1,539 $1.54 $1,539 $1.54 0.0% 3 2 1,192 30 14.4%1 3.3%$1,648 $1.38 $1,648 $1.38 0.0% 3 2 2,000 49 23.6%1 2.0%$2,350 $1.18 $2,350 $1.18 0.0% 4 2 1,460 25 12.0%0 0.0%$1,854 $1.27 $1,854 $1.27 0.0% 4 2 2,700 25 12.0%0 0.0%$2,350 $0.87 $2,350 $0.87 0.0% Totals 1,523 208 100%4 1.9%$1,881 $1.24 $1,881 $1.24 0.0% SITE AMENITIES Fitness Center, Playground UNIT AMENITIES Air Conditioning, Balcony, Cable Ready, Carpet, Kitchen, Oven, Pantry, Patio, Range, Refrigerator, Tub/Shower, Walk-In Closets, Washer/Dryer, Wheelchair Accessible (Rooms), Window Coverings TRANSACTION NOTES A portfolio of 9 affordable housing communities with a total of 1,534 units were sold on December 21, 2021 for an undisclosed sale price. Seven of the properties in the portfolio traded for a combined $254 million excluding the 2 Utah properties which are in a non-disclosure state. The parties were either unable to be reached or unwilling to discuss the transaction. The sold properties include: Venice Cove Apartments at 721 NW 19th St in Fort Lauderdale, FL; Colony Park at 8215 Belvedere Road in West Palm Beach, FL; Grande Court North Port at 5203 Greenwood Ave in North Port, FL; Hampton Ridge at 11501 Harts Road in Jacksonville, FL; Chelsea Commons at 1400 Pine Circle in Lake Worth, FL; San Marcos Villas at 800 Venetian Isles Drive in West Palm Beach, FL; Forest Glen at 100 Lynn Forest Drive in Durham, NC; Mayflower Harbor at 4125 N 3250 W Lehi, UT; and Rose Cove at 847 N Shepherd Parkway in Farmington, UT. The buyer issued a press release regarding their December acquisition of 17 affordable housing properties that included 3,264 units. The sales were completed in 3 transactions from separate sellers. Please see CoStar COMP ID: 5812083 for additional information regarding the sale of 4 properties in Texas for an undisclosed sale price and COMP ID: 5812086 for additional information regarding the sale of 4 properties in Florida for $134.4 million. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 83 Exhibit 2 Exhibit 2 134 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk 11 SeaLofts at Boynton Village - 600 SeaLofts Dr Boynton Beach, FL 33426 - Outer Boynton Beach Neighborhood SALE Sale Date:12/1/2021 Sale Price:$153,000,000 Price Per Unit:$353,349 Price Per SF:$353 Cap Rate:- PROPERTY Property Size:433 Units, 4 Floors Average Unit Size:1,006 SF Year Built:Nov 2020 Vacancy At Sale:5.1% Parking Spaces:808 Spaces; 1.9 per Unit CONTACTS Buyer:The Shidler Group Seller:Rockpoint, The Morgan Group Listing Broker:ARA Newmark - Avery Klann, Hampton Beebe, Jackson Huggett,… FINANCING $79,000,000 from Harbor Group International, LLC: Acquisition & Development UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Vacancy Avg Asking Rent Avg Effective Rent UNIT MIX AT SALE 1 1 760 36 8.3%2 5.6%$1,975 $2.60 $1,954 $2.57 1.1% 1 1 792 72 16.6%4 5.6%$2,025 $2.56 $2,003 $2.53 1.1% 1 1 839 54 12.5%3 5.6%$2,075 $2.47 $2,053 $2.45 1.1% 1 1 882 63 14.5%3 4.8%$2,150 $2.44 $2,127 $2.41 1.1% 1 1 888 54 12.5%3 5.6%$2,085 $2.35 $2,063 $2.32 1.1% 2 2 1,066 63 14.5%3 4.8%$2,725 $2.56 $2,696 $2.53 1.1% 2 2 1,191 36 8.3%2 5.6%$2,875 $2.41 $2,844 $2.39 1.1% 3 2.5 1,674 33 7.6%2 6.1%$3,675 $2.20 $3,636 $2.17 1.1% 3 2.5 1,700 22 5.1%1 4.6%$3,800 $2.24 $3,759 $2.21 1.1% Totals 1,007 433 100%22 5.1%$2,441 $2.43 $2,415 $2.40 1.1% SITE AMENITIES Conference Rooms, Elevator, Fitness Center, Gameroom, Grill, Lounge, Pet Care, Playground, Pool, Recycling, Storage Space, Trash Pickup - Door to Door, Zen Garden UNIT AMENITIES Air Conditioning, Balcony, Dishwasher, Granite Countertops, Island Kitchen, Kitchen, Microwave, Oven, Patio, Refrigerator, Stainless Steel Appliances, Tub/Shower, Walk-In Closets TRANSACTION NOTES On 12/1/2021, Cortina III Owner LLC, a partnership between Dallas-based Rockpoint Group and Houston-based Morgan Group, sold the 433 units at 600 Sealofts Drive in Boynton Beach, FL, to The Shidler Group for $153,000,000. Harbor Group International LLC provided the buyer with a $79,000,000 loan towards the purchase. The down payment was $84,000,000. Known as the SeaLofts at Boynton Village, the property spreads across on 19.38-acres in the Outer Boynton Beach multifamily submarket. Amenities include, a pool, a fitness center, a zen garden, a game room, and additional storage space. Neither the seller or the buyer have commented on the transaction. When the information is available, this report will be updated. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 84 Exhibit 2 Exhibit 2 135 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk 12 South of Atlantic - 151 SE 3rd Ave Delray Beach, FL 33483 - Downtown Delray Beach Neighborhood SALE Sale Date:10/29/2021 Sale Price:$82,750,000 Price Per Unit:$481,105 Price Per SF:$481 Cap Rate:- PROPERTY Property Size:172 Units, 4 Floors Average Unit Size:908 SF Year Built:Nov 2015 Vacancy At Sale:2.9% Parking Spaces:200 Spaces; 1.2 per Unit CONTACTS Buyer:TA Realty Seller:Mesirow Financial FINANCING $40,560,000 from Prudential Multifamily Mortgage LLC UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Vacancy Avg Asking Rent Avg Effective Rent UNIT MIX AT SALE Studio 1 477 3 1.7%0 0.0%$2,164 $4.54 $2,164 $4.54 0.0% Studio 1 553 4 2.3%0 0.0%$2,394 $4.33 $2,394 $4.33 0.0% Studio 1 586 6 3.5%0 0.0%$2,036 $3.47 $2,036 $3.47 0.0% Studio 1 593 6 3.5%0 0.0%$2,279 $3.84 $2,279 $3.84 0.0% Studio 1 642 6 3.5%0 0.0%$2,371 $3.69 $2,371 $3.69 0.0% Studio 1 671 3 1.7%0 0.0%$2,504 $3.73 $2,504 $3.73 0.0% 1 1 706 6 3.5%0 0.0%$2,435 $3.45 $2,435 $3.45 0.0% 1 1 751 4 2.3%0 0.0%$2,325 $3.10 $2,325 $3.10 0.0% 1 1 774 23 13.4%1 4.4%$2,732 $3.53 $2,732 $3.53 0.0% 1 1 775 24 14.0%1 4.2%$2,698 $3.48 $2,698 $3.48 0.0% 1 1 785 6 3.5%0 0.0%$2,681 $3.41 $2,681 $3.41 0.0% 1 1 787 8 4.7%0 0.0%$2,595 $3.30 $2,595 $3.30 0.0% 2 2 1,096 3 1.7%0 0.0%$3,278 $2.99 $3,278 $2.99 0.0% 2 2 1,112 6 3.5%0 0.0%$3,401 $3.06 $3,401 $3.06 0.0% 2 2 1,131 22 12.8%1 4.6%$3,219 $2.85 $3,219 $2.85 0.0% 2 2 1,140 4 2.3%0 0.0%$3,194 $2.80 $3,194 $2.80 0.0% 2 2 1,165 6 3.5%0 0.0%$3,535 $3.03 $3,535 $3.03 0.0% 2 2 1,174 3 1.7%0 0.0%$3,367 $2.87 $3,367 $2.87 0.0% 2 2 1,194 18 10.5%1 5.6%$3,535 $2.96 $3,535 $2.96 0.0% 2 2 1,210 6 3.5%0 0.0%$3,365 $2.78 $3,365 $2.78 0.0% 2 2 1,242 2 1.2%0 0.0%$3,237 $2.61 $3,237 $2.61 0.0% 2 2 1,286 3 1.7%0 0.0%$3,231 $2.51 $3,231 $2.51 0.0% Totals 908 172 100%5 2.9%$2,891 $3.18 $2,891 $3.18 0.0% 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 85 Exhibit 2 Exhibit 2 136 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk SITE AMENITIES Bicycle Storage, Cabana, Controlled Access, Fitness Center, Grill, Lounge, Pool, Spa UNIT AMENITIES Ceiling Fans, Deck, Hardwood Floors, Stainless Steel Appliances, Tub/Shower, Washer/Dryer TRANSACTION NOTES This report has been verified by information available to the public. On October 29, 2021 Mesirow Financial sold the 172-unit apartment community located at 151 SE 3rd Avenue in Delray Beach, FL to TA Realty for $82.75 million, or approximately $481,105 per unit. At the time of sale the subject property was called South of Atlantic. The buyer financed this acquisition with a $40.56 million loan provided by Prudential Multifamily Mortgage LLC. Attempts made to contact the seller and buyer were unsuccessful. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 86 Exhibit 2 Exhibit 2 137 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk 13 One Boynton - 1351 S Federal Hwy Boynton Beach, FL 33435 - Outer Boynton Beach Neighborhood SALE Sale Date:8/25/2021 Sale Price:$171,000,000 Price Per Unit:$346,154 Price Per SF:$533 Cap Rate:- PROPERTY Property Size:494 Units, 5 Floors Average Unit Size:1,152 SF Year Built:2009 Vacancy At Sale:5.1% Parking Spaces:980 Spaces; 2.0 per Unit CONTACTS Buyer:Blackstone Real Estate Income Trust, Inc. Seller:RangeWater Real Estate Listing Broker:ARA Newmark - Avery Klann, Hampton Beebe, Jackson Huggett,… UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Vacancy Avg Asking Rent Avg Effective Rent UNIT MIX AT SALE 1 1 789 12 2.4%1 8.3%$1,781 $2.26 $1,781 $2.26 0.0% 1 1 890 163 33.0%8 4.9%$1,545 $1.74 $1,545 $1.74 0.0% 1 1 1,032 25 5.1%1 4.0%$2,486 $2.41 $2,486 $2.41 0.0% 2 2 1,103 26 5.3%1 3.9%$2,760 $2.50 $2,760 $2.50 0.0% 2 2 1,153 19 3.8%1 5.3%$2,861 $2.48 $2,861 $2.48 0.0% 2 2 1,222 11 2.2%1 9.1%$2,771 $2.27 $2,771 $2.27 0.0% 2 2 1,227 122 24.7%6 4.9%$2,270 $1.85 $2,270 $1.85 0.0% 2 2 1,262 4 0.8%0 0.0%$2,940 $2.33 $2,940 $2.33 0.0% 2 2 1,432 8 1.6%0 0.0%$2,543 $1.78 $2,543 $1.78 0.0% 2 2 1,437 18 3.6%1 5.6%$2,094 $1.46 $2,094 $1.46 0.0% 2 2 1,479 2 0.4%0 0.0%$2,575 $1.74 $2,575 $1.74 0.0% 3 2 1,249 24 4.9%1 4.2%$2,879 $2.31 $2,861 $2.29 0.6% 3 2 1,368 22 4.5%1 4.6%$2,710 $1.98 $2,693 $1.97 0.6% 3 2 1,580 14 2.8%1 7.1%$2,925 $1.85 $2,907 $1.84 0.6% 3 2 1,870 1 0.2%0 0.0%$2,752 $1.47 $2,735 $1.46 0.6% 3 2 2,000 2 0.4%0 0.0%$3,776 $1.89 $3,753 $1.88 0.6% 3 2.5 2,000 19 3.8%1 5.3%$3,728 $1.86 $3,704 $1.85 0.6% 3 3 1,870 2 0.4%0 0.0%$3,015 $1.61 $2,996 $1.60 0.6% Totals 1,152 494 100%25 5.1%$2,228 $1.93 $2,225 $1.93 0.1% SITE AMENITIES Basketball Court, Bicycle Storage, Breakfast/Coffee Concierge, Business Center, Clubhouse, Controlled Access, Courtyard, Elevator, Fitness Center, Gated, Grill, Guest Apartment, Laundry Facilities, Maintenance on site, Media Center/Movie Theatre, Package Service, Picnic Area, Property Manager on Site, Recycling, Spa, Wi-Fi UNIT AMENITIES Air Conditioning, Balcony, Cable Ready, Ceiling Fans, Dishwasher, Disposal, Granite Countertops, Microwave, Oven, Patio, Refrigerator, Security System, Views, Walk-In Closets, Washer/Dryer, Window Coverings 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 87 Exhibit 2 Exhibit 2 138 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk TRANSACTION NOTES This report has been verified by information available to the public. On August 25, 2021 RangeWater Real Estate sold the 494-unit apartment community located at 1351 South Federal Highway in Boynton Beach, FL to The Blackstone Group Inc. for $171 million, or approximately $346,153 per unit. At the time of sale the subject property was called One Boynton. Amenities include on site restaurant and retail, stainless steel appliances, quartz countertops, multiple swimming pools and a residents lounge. The property last sold for $109.35 million in 2016 (please see CoStar COMPS# 3779937). Attempts made to contact the seller, listing brokers and the buyer were unsuccessful. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 88 Exhibit 2 Exhibit 2 139 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk 14 St Andrews Residence Of Palm Beach - 208 Fern St West Palm Beach, FL 33401 - Downtown West Palm Beach Neighborhood SALE Sale Date:8/25/2021 Sale Price:$25,000,000 Price Per Unit:$137,363 Price Per SF:$196 Cap Rate:- PROPERTY Property Size:182 Units, 15 Floors Average Unit Size:597 SF Year Built:1970 Vacancy At Sale:0% Parking Spaces:- CONTACTS Buyer:Rainbow Housing Assistance Corporation, The Related Companies Seller:Diocese of Southeast Florida Listing Broker:Marcus & Millichap - Matthew Kurzmann UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Vacancy Avg Asking Rent Avg Effective Rent UNIT MIX AT SALE Studio 0 -5 2.7%0 0.0%$728 -$726 -0.2% Studio 1 544 100 54.9%0 0.0%$711 $1.31 $709 $1.30 0.3% 1 1 644 47 25.8%0 0.0%$941 $1.46 $939 $1.46 0.3% 1 2 700 30 16.5%0 0.0%$1,124 $1.61 $1,121 $1.60 0.2% Totals 597 182 100%0 0.0%$839 $1.41 $837 $1.41 0.3% TRANSACTION NOTES The information for this report has been verified by information available to the public. On September 2, 2021 Diocese of Southeast Florida sold two apartment communities totaling 330 units located in West Palm Beach, FL to a joint venture between Rainbow Housing Assistance Corporation and The Related Companies for $65 million, or approximately $196,969 per unit. The properties are subject to affordability restrictions. Subject Properties: St. James Residence of the Palm Beaches - 148 units located at 400 South Olive Avenue sold for $40 million St. James Residence of the Palm Beaches - 182 units located at 208 Fern Street sold for $25 million Third-party news stories reported the new ownership group plans to renovate the properties and keep the affordability restrictions in place. Attempts made to contact the seller and buyer were unsuccessful. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 89 Exhibit 2 Exhibit 2 140 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk 15 Cortland Uptown Boca - 20940 Uptown Ave Boca Raton, FL 33428 - West Boca Raton Neighborhood SALE Sale Date:8/5/2021 Sale Price:$230,000,000 Price Per Unit:$504,386 Price Per SF:$504 Cap Rate:- PROPERTY Property Size:456 Units, 5 Floors Average Unit Size:1,120 SF Year Built:Nov 2020 Vacancy At Sale:2.2% Parking Spaces:290 Spaces; 0.6 per Unit CONTACTS Buyer:Cortland Seller:Giles Capital Group, Rosemurgy Properties, SPG Realty LLC, Wh… Listing Broker:Cushman & Wakefield - Neal Victor, Robert Given, Troy Ballard,… UnitsBedBathAvg SF Mix %Units Mix %Per Unit Per SF Per Unit Per SF Concessions Unit Mix Vacancy Avg Asking Rent Avg Effective Rent UNIT MIX AT SALE 1 1 718 56 12.3%1 1.8%$2,328 $3.24 $2,328 $3.24 0.0% 1 1 730 14 3.1%0 0.0%$2,186 $2.99 $2,186 $2.99 0.0% 1 1 739 10 2.2%0 0.0%$2,310 $3.13 $2,310 $3.13 0.0% 1 1 786 10 2.2%0 0.0%$2,402 $3.06 $2,402 $3.06 0.0% 1 1 798 4 0.9%0 0.0%$2,428 $3.04 $2,428 $3.04 0.0% 2 2 986 40 8.8%1 2.5%$2,583 $2.62 $2,583 $2.62 0.0% 2 2 1,048 70 15.4%1 1.4%$3,423 $3.27 $3,423 $3.27 0.0% 2 2 1,063 6 1.3%0 0.0%$3,377 $3.18 $3,377 $3.18 0.0% 2 2 1,124 116 25.4%2 1.7%$3,176 $2.83 $3,176 $2.83 0.0% 3 2 1,403 100 21.9%2 2.0%$5,222 $3.72 $5,222 $3.72 0.0% 4 3 1,737 30 6.6%1 3.3%$5,515 $3.18 $5,515 $3.18 0.0% Totals 1,120 456 100%10 2.2%$3,590 $3.20 $3,590 $3.20 0.0% SITE AMENITIES Controlled Access, Elevator, Fitness Center, Gameroom, Gated, Grill, Lounge, Package Service, Pet Play Area, Pet Washing Station, Pool UNIT AMENITIES Ceiling Fans, Dishwasher, Disposal, Granite Countertops, Heating, Kitchen, Microwave, Oven, Range, Refrigerator, Stainless Steel Appliances, Vaulted Ceiling, Views, Walk-In Closets, Washer/Dryer 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 90 Exhibit 2 Exhibit 2 141 Sale Comparables 630 E Woolbright Rd - Avion Riverwalk TRANSACTION NOTES This 456-unit multifamily property sold on August 5th, 2021 for a total of $230 million. The property, originally coined "The Residences At Uptown Boca", was 88% occupied at the time of the sale. Rebranded as "Cortland Uptown Boca", the community and its management team offer amenities including but not limited to communal pool and sundeck access, a movie theater, 24/7 fitness center facilities, and planned resident social events. The seller and original developer, Giles Capital Group, owned the property as part of a joint venture between Rosemurgy Properties, SPG, and Wheelock Street Capital. They were represented in the transaction by a Cushman & Wakefield team led by Robert Givens, Zachary Sackley, Troy Ballard, and Neal Victor. The property was purchased by Cortland at a rate of $504,386 per unit. Additional financial details, such as net income or acquisition financing on the property, could not be disclosed. Unfortunately, the parties involved were not available for comment at the time of publication. The details of this sale comparable report were originally compiled via public record documents from the county register and local news outlets, and further verified via sources deemed reliable. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 91 Exhibit 2 Exhibit 2 142 Sales Volume 630 E Woolbright Rd - Avion Riverwalk PALM BEACH METRO SALES VOLUME IN UNITS BOYNTON BEACH SUBMARKET SALES VOLUME IN UNITS OUTER BOYNTON BEACH NEIGHBORHOOD SALES VOLUME IN UNITS 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 92 Exhibit 2 Exhibit 2 143 Sales Pricing 630 E Woolbright Rd - Avion Riverwalk NATIONAL PRICE INDICES REGIONAL MULTI-FAMILY PRICE INDICES 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 93 Exhibit 2 Exhibit 2 144 Sales Pricing 630 E Woolbright Rd - Avion Riverwalk PRICE PER UNIT TRENDS UNITED STATES SALE PRICE PER UNIT DISTRIBUTION PAST 12 MONTHS PALM BEACH SALE PRICE PER UNIT DISTRIBUTION PAST 12 MONTHS PRICE PER UNIT SUMMARY FOR SALES IN PAST YEAR Geography HighTop 25%AverageMedianBottom 25%LowTransactions $16,047,297United States 14,250 $5,000 $61,540 $172,500 $209,996 $499,266 $2,556,563Palm Beach 77 $29,429 $100,788 $200,000 $335,701 $698,417 $1,318,182Boynton Beach 20 $127,874 $152,389 $182,970 $313,130 $537,621 $1,318,182Outer Boynton Beach 6 $170,213 $188,953 $341,685 $387,805 $857,367 $653,198Selected Sale Comps 15 $137,362 $224,695 $370,370 $384,392 $519,222 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 94 Exhibit 2 Exhibit 2 145 Cap Rates 630 E Woolbright Rd - Avion Riverwalk MARKET CAP RATE UNITED STATES CAP RATE DISTRIBUTION PAST 12 MONTHS PALM BEACH CAP RATE DISTRIBUTION PAST 12 MONTHS CAP RATE SUMMARY STATISTICS IN PAST YEAR Geography HighTop 25%AverageMedianBottom 25%LowTransactions 25.0%United States 5,134 1.0%3.6%5.3%5.7%8.4% 11.5%Palm Beach 36 2.4%3.8%5.1%5.4%7.3% 7.0%Boynton Beach 14 2.4%3.3%4.7%4.7%6.3% 4.2%Outer Boynton Beach 2 3.7%N/A 4.0%4.0%N/A 3.7%Selected Sale Comps 1 3.7%N/A 3.7%3.7%N/A 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 95 Exhibit 2 Exhibit 2 146 Buyers 630 E Woolbright Rd - Avion Riverwalk TOP PALM BEACH MULTIFAMILY BUYERS PAST TWO YEARS Purchased at least one asset in Boynton Beach Multi-Family submarket Properties Bought Company Name Bldgs VolumeUnits Properties Sold Units BldgsVolume Blackstone Inc.8 2,308 $586,071,718 0 0 - Cortland 4 1,814 $543,572,000 2 1,076 $201,572,000 Carroll 4 1,304 $512,476,247 3 1,104 $375,314,243 Starwood Capital Group 6 1,488 $475,558,243 3 551 $165,118,004 Berkshire 1 390 $202,500,000 0 0 - Lincoln Property Company 1 297 $194,000,000 0 0 - Ontario Teachers' Pension Plan 1 297 $194,000,000 0 0 - Prudential Financial, Inc.1 448 $165,118,004 3 1,104 $375,314,243 The Bainbridge Companies 1 304 $161,100,000 0 0 - TPG Global LLC 1 304 $161,100,000 0 0 - Deutsche Bank AG 2 538 $157,500,000 0 0 - The Shidler Group 1 433 $153,000,000 0 0 - The Related Companies 9 859 $149,814,271 3 969 $437,000,000 Pantzer Properties 2 314 $144,500,000 0 0 - Northland 1 352 $138,500,000 4 981 $259,500,000 The Praedium Group 1 348 $138,000,000 0 0 - Morgan Properties 3 622 $132,500,000 0 0 - S2 Capital. LLC 1 359 $127,000,000 0 0 - Teachers Insurance and Annuity Assoc of A…1 350 $125,850,000 0 0 - Harbor Group International, LLC 2 568 $106,000,000 0 0 - Olympus Properties 1 324 $105,000,000 0 0 - Fontainebleau Development 1 40 $102,262,500 0 0 - Greystar Real Estate Partners 1 448 $92,156,000 0 0 - Healthcare of Ontario Pension Plan 1 252 $84,439,605 0 0 - Elco Ltd.1 217 $84,000,000 2 384 $135,200,000 TYPES OF MULTIFAMILY PALM BEACH BUYERS PAST TWO YEARS Company Type Bldgs Billions Avg PricePrice/Unit Average Purchase Units Buying Volume Private 234 13,830 $278,073 $16,434,864$3.85 Institutional 25 5,877 $344,655 $81,021,683$2.03 Private Equity 14 3,593 $287,472 $73,777,854$1.03 REIT/Public 0 0 --- $0 $1 $2 $3 $4 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 96 Exhibit 2 Exhibit 2 147 Sellers 630 E Woolbright Rd - Avion Riverwalk TOP PALM BEACH MULTIFAMILY SELLERS PAST TWO YEARS Sold at least one asset in Boynton Beach Multi-Family submarket Properties Sold Company Name Bldgs VolumeUnits Properties Bought Units BldgsVolume Rockpoint 3 1,078 $485,000,000 0 0 - The Related Companies 3 969 $437,000,000 9 859 $149,814,271 Carroll 3 1,104 $375,314,243 4 1,304 $512,476,247 Prudential Financial, Inc.3 1,104 $375,314,243 1 448 $165,118,004 Northland 4 981 $259,500,000 1 352 $138,500,000 Giles Capital Group 1 456 $230,000,000 0 0 - Rosemurgy Properties 1 456 $230,000,000 0 0 - Schmier & Feurring Properties, Inc.1 456 $230,000,000 0 0 - Wheelock Street Capital 1 456 $230,000,000 0 0 - Heitman 1 390 $202,500,000 0 0 - Cortland 2 1,076 $201,572,000 4 1,814 $543,572,000 Cornerstone Group 4 1,066 $179,921,718 0 0 - Southport Financial Services 3 738 $176,400,000 0 0 - RangeWater Real Estate 1 494 $171,000,000 0 0 - Starwood Capital Group 3 551 $165,118,004 6 1,488 $475,558,243 Klingbeil Capital Management Ltd.1 304 $161,100,000 0 0 - Brookfield Corporation 2 538 $157,500,000 0 0 - The Morgan Group 1 433 $153,000,000 0 0 - Eastwind Development, LLC 2 314 $144,500,000 0 0 - Mann Realty Associates 1 352 $138,500,000 0 0 - Elco Ltd.2 384 $135,200,000 1 217 $84,000,000 Ram Realty 1 350 $125,850,000 0 0 - Brass Enterprises 1 282 $112,000,000 0 0 - Alliance Residential Company 1 280 $106,000,000 0 0 - The Carlyle Group 1 280 $106,000,000 0 0 - TYPES OF MULTIFAMILY PALM BEACH SELLERS PAST TWO YEARS Company Type Bldgs Billions Avg PricePrice/Unit Average Sale Units Selling Volume Private 259 17,263 $283,997 $18,929,125$4.90 Institutional 15 3,468 $328,635 $75,980,483$1.14 Private Equity 7 2,291 $402,506 $131,734,748$0.92 REIT/Public 0 0 --- $0 $1.30 $2.60 $3.90 $5.20 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 97 Exhibit 2 Exhibit 2 148 630 E Woolbright Rd - Avion Riverwalk PREPARED BY Hank Fishkind Demographics 326,000 SF Multi-Family Building Exhibit 2 Exhibit 2 149 Demographic Overview 630 E Woolbright Rd 16,496 1.9 47 $61,969 Population (1 mi)Avg. HH Size (1 mi)Avg. Age (1 mi)Med. HH Inc. (1 mi) DEMOGRAPHIC RADIUS RINGS DEMOGRAPHIC SUMMARY 5 Mile3 Mile1 MilePopulation 181,03571,95416,4962023 Population 182,81673,58217,1472028 Population 1.0%2.3%4.0%Pop Growth 2023-2028 4544472023 Average Age Households 77,86631,2048,1642023 Households 78,54031,8968,4872028 Households 0.9%2.2%4.0%Household Growth 2023-2028 $66,450$63,327$61,969Median Household Income 2.22.21.9Average Household Size 221Average HH Vehicles Housing $316,940$326,242$317,688Median Home Value 198319791976Median Year Built 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 99 Exhibit 2 Exhibit 2 150 Age & Education 630 E Woolbright Rd - Avion Riverwalk POPULATION BY AGE GROUP IN 1 MILE RADIUS POPULATION BY EDUCATION IN 1 MILE RADIUSPOPULATION BY AGE IN 1 MILE RADIUS 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 100 Exhibit 2 Exhibit 2 151 POPULATION BY RACE MILITARY POPULATION Ethnicity 630 E Woolbright Rd 5 Mile3 MileRace1 Mile 2023 Population 118,87472.98%White 45,262 62.90%65.66%12,039 53,94422.71%Black 23,601 32.80%29.80%3,747 4,1642.25%Asian 1,385 1.92%2.30%371 639< 1%American Indian & Alaskan 310 < 1%< 1%66 161< 1%Hawaiian & Pacific Islander 49 < 1%< 1%4 3,2521.63%Other 1,348 1.87%1.80%269 0 2,800 5,600 8,400 11,200 14,000 HISPANIC POPULATION IN 1 MILE RADIUSPOPULATION BY RACE IN 1 MILE RADIUS 5 Mile3 Mile1 Mile 2023 Population 55< 1%Military 14 < 1%< 1%7 88,31799.91%Non-Military Workforce 34,823 99.96%99.94%8,058 0 1,800 3,600 5,400 7,200 9,000 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 101 Exhibit 2 Exhibit 2 152 Boynton/Lantana PREPARED BY Hank Fishkind Retail Submarket Report Palm Beach - FL Exhibit 3 Exhibit 3 153 RETAIL SUBMARKET REPORT Submarket Key Statistics 1 Leasing 2 Rent 5 Construction 6 Sales 10 Sales Past 12 Months 12 Supply & Demand Trends 14 Rent & Vacancy 17 Sale Trends 20 Boynton/Lantana Retail 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Exhibit 3 Exhibit 3 154 Overview Boynton/Lantana Retail 73K 60.7K 3.2%9.0% 12 Mo Deliveries in SF 12 Mo Net Absorption in SF Vacancy Rate 12 Mo Rent Growth Vacancy in the Boynton/Lantana retail submarket is 3.2%, which is essentially the same level it was a year ago. Vacancy has only risen 0.1% during this time. During this period, 73,000 SF has delivered, and 61,000 SF has been absorbed. Total availability, which includes sublease space, is 3.9% of all inventory. Within this submarket, Neighborhood Centers are the largest subtype, with 4.2 million SF in this category. Rents are around $34.00/SF, which is a 9.0% increase from where they were a year ago. In the past three years, rents have increased a cumulative 22.7%. About 120,000 SF is under construction, representing a 1.1% expansion of inventory. In the past 12 months, 24 sales have taken place. Sales have averaged $340/SF, which is also the estimated value for the submarket as a whole. Over the past three years, there have been 116 sales, which have traded for approximately $372 million. The market cap rate for Boynton/Lantana is 5.6%, moderately below its trailing three-year average of 5.9%. KEY INDICATORS Market RentVacancy RateRBACurrent Quarter Availability Rate Net Absorption SF Deliveries SF Under Construction $35.570%1,924,369Malls 0%0 0 0 $38.502.5%989,666Power Center 2.8%(4,317)0 0 $32.615.5%4,239,124Neighborhood Center 6.6%9,078 5,636 4,000 $29.742.5%579,865Strip Center 7.9%(7,203)0 36,936 $33.202.5%3,221,676General Retail 2.4%4,020 0 77,400 --0Other -0 0 0 $33.673.2%10,954,700Submarket 3.9%1,578 5,636 118,336 Forecast Average Historical Average12 MonthAnnual Trends Peak When Trough When 3.6%5.7%0.1%Vacancy Change (YOY)10.1%2009 Q4 2.1%2019 Q1 47,874120,81960.7KNet Absorption SF 458,979 2007 Q1 (177,207)2020 Q4 79,139122,56873KDeliveries SF 625,989 2007 Q4 1,195 2021 Q1 3.7%2.5%9.0%Rent Growth 9.1%2023 Q2 -6.4%2009 Q3 N/A$73.5M$125MSales Volume $168.3M 2022 Q3 $3.6M 2009 Q4 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 2 Exhibit 3 Exhibit 3 155 Leasing Boynton/Lantana Retail NET ABSORPTION, NET DELIVERIES & VACANCY VACANCY RATE 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 3 Exhibit 3 Exhibit 3 156 Leasing Boynton/Lantana Retail AVAILABILITY RATE 4 & 5 STAR MOST ACTIVE BUILDINGS IN SUBMARKET - PAST 12 MONTHS Property Name/Address Rating GLA Deals Leased SF 12 Mo Vacancy 12 Mo Net Absorp SF 8,6544880 Woolbright Rd 8,654 1 0%8,654 10,1358210-8320 Jog Rd 32,972 5 15.4%7,436 1,9251000-1080 Gateway Blvd Publix 45,518 1 2.5%1,925 1,1201015 Gateway Blvd Quantum Village 12,272 1 6.8%(3,045) 4,1711540-1550 SW 8th St Shoppes of Woolbright 4,171 1 80.0%(4,171) 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 4 Exhibit 3 Exhibit 3 157 Leasing Boynton/Lantana Retail 3 STAR MOST ACTIVE BUILDINGS IN SUBMARKET - PAST 12 MONTHS Property Name/Address Rating GLA Deals Leased SF 12 Mo Vacancy 12 Mo Net Absorp SF 4,94211300 S Military Trl 72,282 3 3.6%7,709 5,0907410 Boynton Beach Blvd Hagens Ranch Commons 43,884 2 28.6%5,417 5,240111-155 N Congress Ave Boynton Plaza 108,694 4 2.5%4,500 3,8698831-8899 Hypoluxo Rd Publix at Town Commons 73,175 1 2.1%3,869 9,1638200 S State Road 7 38,203 4 25.4%3,838 5,472457-477 Greynolds Cir 11,669 3 7.5%3,767 3,5454956-4966 Le Chalet Blvd Aberdeen Square 26,176 1 10.0%3,684 1,4844793 N Congress Ave 10,260 1 30.4%1,484 1,0003501-3557 W Boynton Beach Bl… Boulevard Plaza 12,550 1 3.2%1,481 2,715540-570 SW 18th St Sunshine Square 34,975 2 3.0%1,225 6,3276169-6185 S Jog Rd 105,550 1 6.8%666 1,4201660 S Congress Ave 7,337 2 3.9%0 27,0001701-1797 N Congress Ave Catalina Centre 145,230 1 1.1%0 1,3907427-7451 S Military Trl Spectrum Square 27,936 1 0%0 1,2003301 W Boynton Beach Blvd Paz Plaza 14,400 1 1.7%0 2,250201-250 S Ocean Blvd 54,537 1 20.8%(433) 5,6001780 N Congress Ave Shoppes 10 10,500 2 54.1%(3,037) 2,800701 N Congress Ave Shopess at Boynton 42,490 1 14.4%(3,647) 9,2064895 Windward Passage Dr Gables End Plaza 18,311 4 25.1%(6,303) 3,130320-398 N Congress Ave Boynton Commons 168,617 1 6.9%(8,852) 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 5 Exhibit 3 Exhibit 3 158 Rent Boynton/Lantana Retail MARKET RENT GROWTH (YOY) MARKET RENT PER SQUARE FEET 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 6 Exhibit 3 Exhibit 3 159 Construction Boynton/Lantana Retail DELIVERIES & DEMOLITIONS 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 7 Exhibit 3 Exhibit 3 160 Construction Boynton/Lantana Retail 122,676 229,463 118,336 270,341 All-Time Annual Avg. Square Feet Delivered Square Feet Past 8 Qtrs Delivered Square Feet Next 8 Qtrs Proposed Square Feet Next 8 Qtrs PAST 8 QUARTERS DELIVERIES, UNDER CONSTRUCTION, & PROPOSED PAST & FUTURE DELIVERIES IN SQUARE FEET 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 8 Exhibit 3 Exhibit 3 161 Construction Boynton/Lantana Retail RECENT DELIVERIES Property Name/Address Rating Bldg SF Stories Start Complete Developer/Owner Jan 20229910 S Jog Rd Wawa 5,636 1 Jul 2023 - -1 Mar 20224530 Lantana Rd WaWa 5,636 1 Jun 2023 The Morgan Companies Julie Heberlein2 Dec 20204880 Woolbright Rd 8,654 1 Jun 2023 Stiles Retail Group Carlene Blunt3 Feb 202111600 S Trl Building J4 6,112 1 Mar 2023 - Mack Industrial Inc.4 Feb 20222505 W Woolbright Rd Wawa 3,694 1 Feb 2023 - -5 Sep 202211500 S Military Trl 5,769 1 Jan 2023 - -6 Apr 20224400 Hypoluxo Rd Chipotle 3,000 1 Dec 2022 - L & E International Services, Inc.7 Jun 202211266 S Military Trl 6,000 1 Nov 2022 - Yevgeniy Yermakov8 Apr 20206403 W Boynton Blvd A 7,700 1 Oct 2022 - Carlyle Management Company9 Jan 20228755 Hypoluxo Rd Shoppes at Town Comm…8,013 1 Oct 2022 - -10 Mar 202211800 S Military Trl 20,000 1 Sep 2022 - -11 Jan 20228200 S State Road 7 38,203 1 Apr 2022 - Melrose Center Boynton, LLC12 Dec 20216405 W Boynton Blvd 6,200 1 Apr 2022 - Wawa, Inc.13 Apr 20206405 W Boynton Blvd E 3,500 1 Mar 2022 - Carlyle Management Company14 Apr 20206405 W Boynton Blvd Sprouts 44,448 1 Feb 2022 Mason Construction & Developm… Carlyle Management Company15 Apr 20206405 W Boynton Blvd C 3,500 1 Jan 2022 - -16 Sep 2021S Military 3,445 1 Jan 2022 - Yevgeniy Yermakov17 Sep 2021650 E Woolbright Rd Josie's Ristorante 5,905 1 Jan 2022 - -18 Sep 202110160 Lyons Rd The Learning Experience 6,000 1 Jan 2022 - -19 Jun 20219602 87th Pl S 1,548 1 Oct 2021 - Jobson S Chaves20 UNDER CONSTRUCTION Property Name/Address Rating Bldg SF Stories Start Complete Developer/Owner Jan 20234966 Le Chalet Blvd 40,000 1 Mar 2024 - -1 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 9 Exhibit 3 Exhibit 3 162 Construction Boynton/Lantana Retail UNDER CONSTRUCTION Property Name/Address Rating Bldg SF Stories Start Complete Developer/Owner Dec 20228764 Lantana Rd Merchants Walk Building A 17,364 1 Dec 2023 - Ward Real Estate LLC2 Dec 20228764 Lantana Rd Merchants Walk Building B 15,072 1 Jan 2024 - -3 Oct 20228601 Boynton Beach Blvd 15,000 2 Nov 2023 Gary Smigiel ABC Fine Wine & Spirits4 Jul 20231400 Dixie Hwy 10,000 2 Dec 2023 - -5 Apr 20238543 Boynton Beach Blvd 9,400 1 Dec 2023 - -6 Dec 20228764 Lantana Rd Merchants Walk Building C 4,500 1 Jan 2024 - -7 Oct 20181080 Gateway Blvd A'lu Mexican Cuisine 4,000 1 Sep 2023 - Olen Properties8 Jan 20224066 Lantana Rd 3,000 1 Sep 2023 - Marie Kettlene Placide9 PROPOSED Property Name/Address Rating Bldg SF Stories Start Complete Developer/Owner Aug 20230 Hypoluxo Rd 160,000 1 Aug 2024 - -1 Aug 20234361 Hypoluxo Rd Building G 45,000 1 Feb 2024 - Paul Z. Okean2 Dec 20237395-7555 Boynton Beach… Bld A 19,054 1 Dec 2024 Edgewood Properties SJC Ventures3 Dec 20237395-7555 Boynton Beach… Building E 11,142 1 Dec 2024 Edgewood Properties SJC Ventures4 Nov 20237395-7555 Boynton Beach… Building C 9,375 1 Nov 2024 Edgewood Properties SJC Ventures5 Dec 20237395-7555 Boynton Beach… Building D 9,375 1 Dec 2024 Edgewood Properties SJC Ventures6 Jul 20246455 S Jog Rd The Falls Retail Shops 5,550 1 Dec 2024 - Joel Horowitz7 Aug 20234790 N Congress Ave 4,000 1 Feb 2024 Katz & Associates MMG Equity Partners8 Dec 20237395-7555 Boynton Beach… Building B 2,845 1 Dec 2024 Edgewood Properties SJC Ventures9 Jan 20244361 Hypoluxo Rd Building F 2,500 1 Jan 2025 - -10 Dec 20234361 Hypoluxo Rd 1,500 1 Dec 2024 - -11 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 10 Exhibit 3 Exhibit 3 163 Sales Boynton/Lantana Retail Investors have been especially active in the capital markets in Boynton/Lantana, making it one of the most heavily traded submarkets in the region over the past several years. Annual sales volume has averaged $96.5 million over the past five years, including a 12-month high of $168 million over that stretch. The recorded transaction volume here reached $120 million in the past year. The general retail sector drove that volume. Market pricing, based on the estimated price movement of all properties in the submarket, sat at $343/SF during the third quarter of 2023. That market price is up compared to the third quarter from last year, but the level still falls far short of the average for the region. The market cap rate has shrunk since last year to 5.6%. That is the lowest cap rate in the past five years, which is the same as the metro's average. SALES VOLUME & MARKET SALE PRICE PER SF 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 11 Exhibit 3 Exhibit 3 164 Sales Boynton/Lantana Retail MARKET CAP RATE 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 12 Exhibit 3 Exhibit 3 165 Sales Past 12 Months Boynton/Lantana Retail 25 5.5%$345 24.6% Sale Comparables Avg. Cap Rate Avg. Price/SF Avg. Vacancy At Sale SALE COMPARABLE LOCATIONS SALE COMPARABLES SUMMARY STATISTICS Sales Attributes Low Average Median High Sale Price $400,000 $5,679,827 $2,635,000 $38,867,400 Price/SF $88 $345 $542 $1,887 Cap Rate 4.1%5.5%4.1%8.3% Time Since Sale in Months 0.2 5.4 5.2 11.7 Property Attributes Low Average Median High Building SF 640 14,947 4,299 84,180 Stories 1 1 1 2 Typical Floor SF 640 14,736 3,872 84,180 Vacancy Rate At Sale 0%24.6%0%100% Year Built 1929 1988 1979 2022 Star Rating 2.7 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 13 Exhibit 3 Exhibit 3 166 Sales Past 12 Months Boynton/Lantana Retail Property Name - Address Rating Yr Built Bldg SF Vacancy Price Price/SF Property Sale Date Sale Cap Rate RECENT SIGNIFICANT SALES -1 11300 S Military Trl 2021 72,282 2.8%$38,867,400 $5382/26/2023 - -2 Sprouts 2022 44,448 0%$27,098,650 $6106405 W Boynton Blvd 9/8/2022 - -3 Sears 1976 84,180 100%$7,666,335 $911201 S Dixie Hwy 7/26/2023 - -4 S Military 2022 3,445 0%$6,500,000 $1,8872/21/2023 4.1% -5 Lantana Village Square 1976 69,131 5.2%$6,075,673 $881301-1499 S Dixie Hwy 7/26/2023 - -6 Truist Bank 1964 12,018 0%$6,000,000 $499315 S Federal Hwy 1/3/2023 - -7 A 2022 7,700 0%$5,901,350 $7666403 W Boynton Blvd 9/8/2022 - -8 Chipotle 2022 3,000 0%$3,121,200 $1,0404400 Hypoluxo Rd 3/20/2023 - -9 8880 Lantana Rd 1986 1,620 0%$3,000,000 $1,8527/11/2023 - -10 2250 W Woolbright Rd 1980 4,299 0%$3,000,000 $6982/13/2023 - -11 Family Dollar 2013 9,200 0%$2,720,000 $2961199 Hypoluxo Rd 6/27/2023 - -12 1300 Lantana Rd 1964 15,990 0%$2,550,000 $15912/12/2022 - -13 11266 S Military Trl 2022 6,000 0%$2,132,600 $3552/26/2023 - -14 7-Eleven 1979 2,496 0%$2,100,000 $84111190 S Military Trl 4/18/2023 - -15 101 N Federal Hwy 1929 1,792 0%$2,000,000 $1,1169/16/2022 - -16 1290 Lantana Rd 1973 2,195 0%$1,200,000 $54711/30/2022 - -17 400 Building 1973 4,752 0%$1,140,000 $240400 S Federal Hwy 10/14/2022 - -18 457-477 Greynolds Cir 1982 11,669 0%$1,057,992 $917/26/2023 - -19 Dunkin'1981 3,000 0%$975,000 $3251101 S Dixie Hwy 2/14/2023 - -20 9602 87th Pl S 2021 1,548 0%$900,000 $5813/23/2023 - 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 14 Exhibit 3 Exhibit 3 167 Supply & Demand Trends Boynton/Lantana Retail OVERALL SUPPLY & DEMAND Net AbsorptionInventory % of Inv Construction RatioSFSF Growth % Growth SFYear 2027 57,664 0.5%0.4%41,701 1.411,243,321 2026 55,127 0.5%0.4%40,297 1.411,185,657 2025 48,987 0.4%0.5%54,571 0.911,130,530 2024 108,452 1.0%0.7%81,769 1.311,081,543 2023 53,892 0.5%-0.1%(11,945)-10,973,091 YTD 35,501 0.3%-0.1%(10,318)-10,954,700 2022 155,914 1.4%3.2%345,978 0.510,919,199 2021 106,326 1.0%0.6%59,235 1.810,763,285 2020 1,195 0%-1.7%(177,207)-10,656,959 2019 153,656 1.5%2.7%289,925 0.510,655,764 2018 15,011 0.1%0.1%11,097 1.410,502,108 2017 3,491 0%1.1%119,111 010,487,097 2016 20,342 0.2%1.2%124,588 0.210,483,606 2015 26,874 0.3%1.1%110,011 0.210,463,264 2014 2,198 0%-0.3%(35,658)-10,436,390 2013 33,023 0.3%0.4%41,957 0.810,434,192 2012 67,265 0.7%2.1%222,011 0.310,401,169 2011 7,356 0.1%0.7%77,450 0.110,333,904 MALLS SUPPLY & DEMAND Net AbsorptionInventory % of Inv Construction RatioSFSF Growth % Growth SFYear 2027 9,677 0.5%0.4%8,719 1.11,953,000 2026 9,263 0.5%0.4%8,393 1.11,943,323 2025 8,243 0.4%0.4%6,845 1.21,934,060 2024 2,098 0.1%0.1%1,336 1.61,925,817 2023 (650)0%-0.2%(3,306)-1,923,719 YTD 0 0%---1,924,369 2022 0 0%0.6%11,638 01,924,369 2021 0 0%-0.2%(4,461)-1,924,369 2020 0 0%0.2%3,323 01,924,369 2019 0 0%-0.5%(9,350)-1,924,369 2018 0 0%0.1%1,117 01,924,369 2017 0 0%-0.1%(2,267)-1,924,369 2016 0 0%0.5%10,372 01,924,369 2015 0 0%1.1%20,545 01,924,369 2014 0 0%-0.8%(14,983)-1,924,369 2013 0 0%0.1%1,655 01,924,369 2012 0 0%0.4%8,525 01,924,369 2011 0 0%0.7%12,642 01,924,369 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 15 Exhibit 3 Exhibit 3 168 Supply & Demand Trends Boynton/Lantana Retail POWER CENTER SUPPLY & DEMAND Net AbsorptionInventory % of Inv Construction RatioSFSF Growth % Growth SFYear 2027 (1,374)-0.1%-0.2%(1,918)-983,883 2026 (1,371)-0.1%-0.2%(1,882)-985,257 2025 (1,360)-0.1%-0.1%(964)-986,628 2024 (1,357)-0.1%-0.1%(1,076)-987,988 2023 (321)0%-1.5%(15,314)-989,345 YTD 0 0%-1.3%(13,270)-989,666 2022 0 0%2.7%26,462 0989,666 2021 0 0%1.1%11,363 0989,666 2020 0 0%-2.0%(19,401)-989,666 2019 0 0%9.5%94,324 0989,666 2018 0 0%0%(96)-989,666 2017 0 0%4.3%42,944 0989,666 2016 0 0%-3.9%(38,564)-989,666 2015 0 0%0.8%7,682 0989,666 2014 0 0%-2.0%(19,753)-989,666 2013 0 0%-0.2%(1,815)-989,666 2012 0 0%1.0%10,160 0989,666 2011 0 0%0.3%2,732 0989,666 NEIGHBORHOOD CENTER SUPPLY & DEMAND Net AbsorptionInventory % of Inv Construction RatioSFSF Growth % Growth SFYear 2027 10,691 0.3%0%2,005 5.34,271,730 2026 10,137 0.2%0%1,250 8.14,261,039 2025 8,632 0.2%0.1%4,855 1.84,250,902 2024 546 0%-0.1%(4,634)-4,242,270 2023 14,348 0.3%-0.4%(17,593)-4,241,724 YTD 11,748 0.3%-0.3%(12,927)-4,239,124 2022 59,148 1.4%4.2%176,915 0.34,227,376 2021 48,100 1.2%-0.4%(16,393)-4,168,228 2020 0 0%-2.3%(96,639)-4,120,128 2019 100,661 2.5%2.4%97,103 1.04,120,128 2018 0 0%0.1%3,234 04,019,467 2017 0 0%1.6%64,726 04,019,467 2016 14,979 0.4%2.6%103,789 0.14,019,467 2015 0 0%3.0%120,681 04,004,488 2014 0 0%-0.2%(8,806)-4,004,488 2013 4,127 0.1%0.5%18,221 0.24,004,488 2012 17,265 0.4%3.6%144,190 0.14,000,361 2011 8,814 0.2%0.9%35,425 0.23,983,096 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 16 Exhibit 3 Exhibit 3 169 Supply & Demand Trends Boynton/Lantana Retail STRIP CENTER SUPPLY & DEMAND Net AbsorptionInventory % of Inv Construction RatioSFSF Growth % Growth SFYear 2027 6,137 1.0%0.8%5,100 1.2635,706 2026 5,889 0.9%0.8%4,957 1.2629,569 2025 5,313 0.9%1.5%9,296 0.6623,680 2024 38,697 6.7%4.9%30,413 1.3618,367 2023 (195)0%-0.8%(4,621)-579,670 YTD 0 0%-1.6%(9,345)-579,865 2022 8,013 1.4%3.0%17,657 0.5579,865 2021 9,929 1.8%5.3%30,479 0.3571,852 2020 0 0%-1.1%(6,249)-561,923 2019 11,996 2.2%2.2%12,582 1.0561,923 2018 0 0%0.2%1,370 0549,927 2017 0 0%0.5%2,986 0549,927 2016 0 0%5.6%30,839 0549,927 2015 0 0%-4.9%(27,171)-549,927 2014 0 0%0.5%2,897 0549,927 2013 11,381 2.1%0.5%2,942 3.9549,927 2012 0 0%1.1%5,943 0538,546 2011 0 0%3.9%20,804 0538,546 GENERAL RETAIL SUPPLY & DEMAND Net AbsorptionInventory % of Inv Construction RatioSFSF Growth % Growth SFYear 2027 32,533 1.0%0.8%27,795 1.23,399,002 2026 31,209 0.9%0.8%27,579 1.13,366,469 2025 28,159 0.9%1.0%34,539 0.83,335,260 2024 68,468 2.1%1.7%55,730 1.23,307,101 2023 40,710 1.3%0.9%28,889 1.43,238,633 YTD 23,753 0.7%0.8%25,224 0.93,221,676 2022 88,753 2.9%3.5%113,306 0.83,197,923 2021 48,297 1.6%1.2%38,247 1.33,109,170 2020 1,195 0%-1.9%(58,241)-3,060,873 2019 40,999 1.4%3.1%95,266 0.43,059,678 2018 15,011 0.5%0.2%5,472 2.73,018,679 2017 3,491 0.1%0.4%10,722 0.33,003,668 2016 5,363 0.2%0.6%18,152 0.33,000,177 2015 26,874 0.9%-0.4%(11,726)-2,994,814 2014 2,198 0.1%0.2%4,987 0.42,967,940 2013 17,515 0.6%0.7%20,954 0.82,965,742 2012 50,000 1.7%1.8%53,193 0.92,948,227 2011 (1,458)-0.1%0.2%5,847 -2,898,227 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 17 Exhibit 3 Exhibit 3 170 Rent & Vacancy Boynton/Lantana Retail OVERALL RENT & VACANCY Market Rent Per SF Index % Growth Vs Hist PeakYear Vacancy SF Percent Ppts Chg 2027 175 1.8%21.6%$38.54 420,186 3.7%0.1% 2026 172 2.3%19.5%$37.85 405,412 3.6%0.1% 2025 168 3.0%16.8%$37 391,670 3.5%-0.1% 2024 163 3.7%13.3%$35.90 398,323 3.6%0.2% 2023 157 9.2%9.2%$34.61 371,402 3.4%0.6% YTD 153 9.0%6.3%$33.67 351,303 3.2%0.4% 2022 144 7.2%0%$31.68 305,484 2.8%-1.8% 2021 134 5.9%-6.8%$29.54 495,548 4.6%0.4% 2020 127 4.3%-11.9%$27.91 448,457 4.2%1.7% 2019 121 3.8%-15.6%$26.75 270,055 2.5%-1.3% 2018 117 4.6%-18.7%$25.76 406,324 3.9%0% 2017 112 4.5%-22.3%$24.63 402,410 3.8%-1.1% 2016 107 5.7%-25.6%$23.57 518,030 4.9%-1.0% 2015 101 5.6%-29.6%$22.30 622,276 5.9%-0.8% 2014 96 3.2%-33.4%$21.11 705,413 6.8%0.4% 2013 93 3.2%-35.4%$20.46 667,557 6.4%-0.1% 2012 90 1.1%-37.4%$19.83 676,491 6.5%-1.5% 2011 89 -1.6%-38.1%$19.62 831,237 8.0%-0.7% MALLS RENT & VACANCY Market Rent Per SF Index % Growth Vs Hist PeakYear Vacancy SF Percent Ppts Chg 2027 155 2.0%22.9%$41.08 6,570 0.3%0% 2026 152 2.5%20.4%$40.27 5,639 0.3%0% 2025 148 3.3%17.5%$39.29 4,798 0.2%0.1% 2024 143 3.9%13.8%$38.05 3,428 0.2%0% 2023 138 9.5%9.5%$36.61 2,659 0.1%0.1% YTD 134 8.6%6.4%$35.57 0 0%0% 2022 126 4.6%0%$33.44 0 0%-0.6% 2021 120 4.6%-4.4%$31.96 11,638 0.6%0.2% 2020 115 4.2%-8.6%$30.55 7,177 0.4%-0.2% 2019 110 2.8%-12.3%$29.31 10,500 0.5%0.5% 2018 107 2.8%-14.8%$28.50 1,150 0.1%-0.1% 2017 104 4.6%-17.1%$27.73 2,267 0.1%0.1% 2016 100 5.4%-20.7%$26.51 0 0%-0.5% 2015 95 4.8%-24.8%$25.15 10,372 0.5%-1.1% 2014 90 1.6%-28.2%$24 30,917 1.6%0.8% 2013 89 1.9%-29.4%$23.61 15,934 0.8%-0.1% 2012 87 -0.6%-30.7%$23.17 17,589 0.9%-0.4% 2011 88 -2.3%-30.3%$23.30 26,114 1.4%-0.7% 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 18 Exhibit 3 Exhibit 3 171 Rent & Vacancy Boynton/Lantana Retail POWER CENTER RENT & VACANCY Market Rent Per SF Index % Growth Vs Hist PeakYear Vacancy SF Percent Ppts Chg 2027 176 1.9%22.5%$44.20 26,910 2.7%0.1% 2026 173 2.4%20.2%$43.38 26,303 2.7%0.1% 2025 169 3.1%17.5%$42.37 25,706 2.6%0% 2024 164 3.8%13.9%$41.09 26,072 2.6%0% 2023 158 9.8%9.8%$39.60 26,282 2.7%1.5% YTD 153 9.3%6.7%$38.50 24,551 2.5%1.3% 2022 144 7.2%0%$36.08 11,281 1.1%-2.7% 2021 134 5.5%-6.7%$33.66 37,743 3.8%-1.1% 2020 127 3.8%-11.5%$31.91 49,106 5.0%2.0% 2019 122 3.6%-14.8%$30.74 29,705 3.0%-9.5% 2018 118 4.9%-17.7%$29.68 124,029 12.5%0% 2017 113 4.2%-21.6%$28.30 123,933 12.5%-4.3% 2016 108 5.4%-24.7%$27.16 166,877 16.9%3.9% 2015 103 5.7%-28.6%$25.77 128,313 13.0%-0.8% 2014 97 3.1%-32.4%$24.39 135,995 13.7%2.0% 2013 94 3.9%-34.5%$23.64 116,242 11.7%0.2% 2012 91 2.1%-36.9%$22.75 114,427 11.6%-1.0% 2011 89 -1.0%-38.3%$22.27 124,587 12.6%-0.3% NEIGHBORHOOD CENTER RENT & VACANCY Market Rent Per SF Index % Growth Vs Hist PeakYear Vacancy SF Percent Ppts Chg 2027 177 1.7%21.4%$37.12 266,056 6.2%0.2% 2026 174 2.2%19.4%$36.50 257,675 6.0%0.2% 2025 171 2.9%16.8%$35.72 249,077 5.9%0.1% 2024 166 3.6%13.5%$34.71 245,445 5.8%0.1% 2023 160 9.6%9.6%$33.51 240,239 5.7%0.7% YTD 156 9.2%6.7%$32.61 232,932 5.5%0.6% 2022 146 7.3%0%$30.57 208,257 4.9%-2.9% 2021 136 5.9%-6.8%$28.49 326,024 7.8%1.5% 2020 128 4.2%-12.0%$26.90 261,531 6.3%2.3% 2019 123 3.9%-15.6%$25.80 164,892 4.0%0% 2018 119 5.5%-18.8%$24.83 161,334 4.0%-0.1% 2017 112 4.5%-23.0%$23.54 164,568 4.1%-1.6% 2016 108 5.6%-26.3%$22.52 229,294 5.7%-2.2% 2015 102 6.1%-30.2%$21.33 318,104 7.9%-3.0% 2014 96 3.0%-34.3%$20.09 438,785 11.0%0.2% 2013 93 3.3%-36.2%$19.51 429,979 10.7%-0.4% 2012 90 1.6%-38.2%$18.88 444,073 11.1%-3.2% 2011 89 -1.6%-39.2%$18.59 570,998 14.3%-0.7% 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 19 Exhibit 3 Exhibit 3 172 Rent & Vacancy Boynton/Lantana Retail STRIP CENTER RENT & VACANCY Market Rent Per SF Index % Growth Vs Hist PeakYear Vacancy SF Percent Ppts Chg 2027 184 1.9%21.3%$34.11 15,796 2.5%0.1% 2026 181 2.3%19.1%$33.49 14,868 2.4%0.1% 2025 177 3.1%16.3%$32.72 14,028 2.2%-0.7% 2024 171 3.8%12.8%$31.73 18,128 2.9%1.2% 2023 165 8.7%8.7%$30.57 9,818 1.7%0.8% YTD 161 8.9%5.8%$29.74 14,730 2.5%1.6% 2022 152 8.1%0%$28.12 5,385 0.9%-1.7% 2021 140 6.1%-7.5%$26.02 15,029 2.6%-3.7% 2020 132 5.1%-12.8%$24.53 35,579 6.3%1.1% 2019 126 5.4%-17.0%$23.35 29,330 5.2%-0.2% 2018 120 4.5%-21.2%$22.15 29,916 5.4%-0.2% 2017 114 3.7%-24.6%$21.20 31,286 5.7%-0.5% 2016 110 5.7%-27.3%$20.45 34,272 6.2%-5.6% 2015 104 6.2%-31.2%$19.35 65,111 11.8%4.9% 2014 98 5.5%-35.2%$18.21 37,940 6.9%-0.5% 2013 93 2.2%-38.6%$17.27 40,837 7.4%1.4% 2012 91 0.8%-39.9%$16.90 32,398 6.0%-1.1% 2011 91 -1.9%-40.4%$16.77 38,341 7.1%-3.9% GENERAL RETAIL RENT & VACANCY Market Rent Per SF Index % Growth Vs Hist PeakYear Vacancy SF Percent Ppts Chg 2027 185 1.8%20.9%$38.01 104,854 3.1%0.1% 2026 182 2.3%18.7%$37.33 100,927 3.0%0.1% 2025 178 3.1%16.1%$36.49 98,061 2.9%-0.2% 2024 172 3.7%12.6%$35.41 105,250 3.2%0.3% 2023 166 8.6%8.6%$34.13 92,404 2.9%0.3% YTD 162 9.0%5.6%$33.20 79,090 2.5%-0.1% 2022 153 8.7%0%$31.44 80,561 2.5%-0.9% 2021 141 6.7%-8.0%$28.92 105,114 3.4%0.3% 2020 132 4.6%-13.8%$27.10 95,064 3.1%1.9% 2019 126 4.3%-17.6%$25.91 35,628 1.2%-1.8% 2018 121 4.5%-21.0%$24.84 89,895 3.0%0.3% 2017 116 4.6%-24.4%$23.77 80,356 2.7%-0.2% 2016 111 6.1%-27.7%$22.72 87,587 2.9%-0.4% 2015 104 5.5%-31.9%$21.41 100,376 3.4%1.3% 2014 99 4.2%-35.4%$20.30 61,776 2.1%-0.1% 2013 95 3.7%-38.0%$19.48 64,565 2.2%-0.1% 2012 91 1.3%-40.3%$18.78 68,004 2.3%-0.1% 2011 90 -1.1%-41.0%$18.54 71,197 2.5%-0.3% 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 20 Exhibit 3 Exhibit 3 173 Sale Trends Boynton/Lantana Retail OVERALL SALES Completed Transactions (1) Turnover Avg Price/SFDealsVolumeYear Market Pricing Trends (2) Avg Price Price IndexAvg Cap Rate Price/SF Cap Rate 2027 -----196-$354.51 6.3% 2026 -----181-$326.53 6.7% 2025 -----173-$312 6.8% 2024 -----166-$300.27 6.9% 2023 -----188-$340.15 5.8% YTD $85.1M17 2.6%$297.72$5,316,638 1905.5%$342.73 5.6% 2022 $151.3M29 4.2%$477.12$6,576,739 1805.4%$324.30 5.7% 2021 $124.9M52 7.3%$282.24$3,047,530 1616.3%$290.04 5.9% 2020 $39.4M39 1.1%$449.76$1,515,494 1525.0%$273.80 6.1% 2019 $96.1M29 5.0%$183.30$3,845,220 1425.6%$255.82 6.3% 2018 $38.7M30 4.7%$120.79$1,933,473 1405.9%$253.02 6.3% 2017 $63.2M49 7.9%$159.05$2,431,858 1356.6%$242.97 6.3% 2016 $75.6M29 2.6%$293.03$3,598,823 1306.5%$235.36 6.3% 2015 $75M32 3.6%$201.60$2,420,415 1246.7%$224.52 6.4% 2014 $37.7M24 3.2%$147.61$1,887,445 1127.6%$202.21 6.7% 2013 $38.6M43 3.7%$141.63$1,483,655 996.7%$179.32 7.1% 2012 $104.9M27 5.7%$178.64$4,197,126 967.2%$173.62 7.2% (1) Completed transaction data is based on actual arms-length sales transactions and levels are dependent on the mix of what happened to sell in the period. (2) Market price trends data is based on the estimated price movement of all properties in the market, informed by actual transactions that have occurred. MALLS SALES Completed Transactions (1) Turnover Avg Price/SFDealsVolumeYear Market Pricing Trends (2) Avg Price Price IndexAvg Cap Rate Price/SF Cap Rate 2027 -----186-$332.60 6.1% 2026 -----171-$305.89 6.5% 2025 -----163-$291.77 6.6% 2024 -----157-$280.28 6.7% 2023 -----177-$316.65 5.6% YTD -----178-$318.60 5.4% 2022 $01 5.1%--169-$302.13 5.5% 2021 -----152-$271.91 5.7% 2020 -----144-$257.10 5.9% 2019 $4.5M1 5.2%$45.19$4,500,000 135-$241.25 6.1% 2018 -----135-$240.35 6.0% 2017 -----130-$231.38 6.1% 2016 -----126-$224.36 6.1% 2015 -----120-$214.63 6.1% 2014 -----109-$194.19 6.5% 2013 -----97-$173.68 6.8% 2012 -----95-$169.91 6.9% (1) Completed transaction data is based on actual arms-length sales transactions and levels are dependent on the mix of what happened to sell in the period. (2) Market price trends data is based on the estimated price movement of all properties in the market, informed by actual transactions that have occurred. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 21 Exhibit 3 Exhibit 3 174 Sale Trends Boynton/Lantana Retail POWER CENTER SALES Completed Transactions (1) Turnover Avg Price/SFDealsVolumeYear Market Pricing Trends (2) Avg Price Price IndexAvg Cap Rate Price/SF Cap Rate 2027 -----188-$352.23 6.1% 2026 -----173-$324.53 6.5% 2025 -----165-$310.04 6.6% 2024 -----159-$298.34 6.7% 2023 -----180-$337.53 5.6% YTD -----181-$339.79 5.4% 2022 -----172-$322.30 5.5% 2021 $01 0.7%--153-$286.74 5.8% 2020 -----145-$271.89 5.9% 2019 $58.8M7 30.2%$196.99$8,400,000 135-$253.91 6.2% 2018 $7.8M2 19.5%$40.76$3,923,421 135-$252.81 6.1% 2017 -----129-$242.58 6.2% 2016 -----126-$236.54 6.2% 2015 $150K1 2.8%$5.36$150,000 120-$224.81 6.2% 2014 $01 0.7%--108-$202.45 6.6% 2013 -----96-$180.99 7.0% 2012 $5.4M2 9.3%$58.72$2,707,000 93-$175.20 7.1% (1) Completed transaction data is based on actual arms-length sales transactions and levels are dependent on the mix of what happened to sell in the period. (2) Market price trends data is based on the estimated price movement of all properties in the market, informed by actual transactions that have occurred. NEIGHBORHOOD CENTER SALES Completed Transactions (1) Turnover Avg Price/SFDealsVolumeYear Market Pricing Trends (2) Avg Price Price IndexAvg Cap Rate Price/SF Cap Rate 2027 -----181-$309.62 6.5% 2026 -----167-$286.46 6.9% 2025 -----160-$274.29 7.1% 2024 -----154-$264.43 7.1% 2023 -----174-$297.26 6.1% YTD $15.8M4 4.0%$93.91$3,943,750 175-$298.91 5.9% 2022 $109.6M8 5.4%$482.16$13,700,000 1666.4%$283.57 6.0% 2021 $88.5M19 11.2%$303.83$6,805,532 1497.2%$255.04 6.2% 2020 $14.7M4 0.4%$997.02$3,672,527 1444.8%$247.20 6.3% 2019 $5.3M4 0.4%$332.91$1,316,250 1355.0%$231.34 6.5% 2018 $9.9M4 4.4%$378.21$9,900,000 1366.1%$233.10 6.4% 2017 $50.2M26 18.8%$139.87$3,584,879 1317.1%$224.97 6.4% 2016 $37.7M4 3.2%$297.99$12,580,245 1286.7%$219.23 6.4% 2015 $12.8M2 1.5%$215.45$6,399,000 122-$209 6.5% 2014 $17.9M6 5.1%$123.68$3,571,631 111-$189.82 6.8% 2013 $11.2M19 6.5%$71.76$1,592,857 994.3%$168.90 7.2% 2012 $85M8 9.4%$226.90$10,622,172 966.8%$164.23 7.3% (1) Completed transaction data is based on actual arms-length sales transactions and levels are dependent on the mix of what happened to sell in the period. (2) Market price trends data is based on the estimated price movement of all properties in the market, informed by actual transactions that have occurred. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 22 Exhibit 3 Exhibit 3 175 Sale Trends Boynton/Lantana Retail STRIP CENTER SALES Completed Transactions (1) Turnover Avg Price/SFDealsVolumeYear Market Pricing Trends (2) Avg Price Price IndexAvg Cap Rate Price/SF Cap Rate 2027 -----218-$370.54 6.1% 2026 -----200-$340.40 6.5% 2025 -----191-$324.92 6.6% 2024 -----184-$312.46 6.7% 2023 -----209-$356.17 5.7% YTD -----211-$359.73 5.4% 2022 $3.7M1 2.5%$256.94$3,700,000 198-$337.07 5.5% 2021 -----173-$294.62 5.8% 2020 $933.3K2 2.4%$70.51$466,667 159-$270.43 6.0% 2019 $3.1M1 1.8%$305.15$3,051,500 1476.8%$250.22 6.3% 2018 $9.6M4 11.8%$148.72$2,404,275 139-$237.10 6.4% 2017 $02 0.7%--133-$226.95 6.5% 2016 $5.1M1 3.5%$266.96$5,105,000 129-$219.56 6.5% 2015 $15M4 13.0%$210.24$3,750,000 1237.6%$208.98 6.5% 2014 $12.1M4 9.0%$245.26$3,034,375 1095.7%$186.29 6.8% 2013 $8M4 8.6%$168.76$1,999,500 977.0%$164.30 7.2% 2012 $5.4M4 13.9%$71.61$1,338,375 94-$159.45 7.3% (1) Completed transaction data is based on actual arms-length sales transactions and levels are dependent on the mix of what happened to sell in the period. (2) Market price trends data is based on the estimated price movement of all properties in the market, informed by actual transactions that have occurred. GENERAL RETAIL SALES Completed Transactions (1) Turnover Avg Price/SFDealsVolumeYear Market Pricing Trends (2) Avg Price Price IndexAvg Cap Rate Price/SF Cap Rate 2027 -----219-$422.69 6.1% 2026 -----201-$388.13 6.5% 2025 -----192-$370.46 6.7% 2024 -----184-$356.31 6.7% 2023 -----210-$406.82 5.7% YTD $69.3M13 3.7%$588.46$5,774,267 2125.5%$410.86 5.5% 2022 $38M19 3.6%$504.01$2,711,786 2005.2%$387.81 5.6% 2021 $36.5M32 10.0%$240.75$1,302,743 1795.8%$345.78 5.8% 2020 $23.8M33 3.0%$398.73$1,188,970 1655.6%$318.97 6.0% 2019 $24.5M16 3.7%$243.77$2,042,833 1545.3%$297.41 6.2% 2018 $11.3M20 2.1%$307.25$869,655 1495.8%$289.06 6.2% 2017 $13M21 2.2%$336.65$1,086,667 1435.7%$276 6.3% 2016 $32.7M24 4.2%$291.87$1,925,267 1376.3%$265.11 6.3% 2015 $47.1M25 7.2%$220.60$1,961,870 1316.3%$253.06 6.4% 2014 $7.8M13 2.5%$125.33$704,840 1178.8%$225.72 6.8% 2013 $19.4M20 2.7%$279.13$1,295,135 1037.8%$198.32 7.2% 2012 $9.2M13 1.7%$199.98$834,842 987.7%$190.04 7.3% (1) Completed transaction data is based on actual arms-length sales transactions and levels are dependent on the mix of what happened to sell in the period. (2) Market price trends data is based on the estimated price movement of all properties in the market, informed by actual transactions that have occurred. 8/2/2023© 2023 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 23 Exhibit 3 Exhibit 3 176 TIRFA Term Sheet January 10, 2024 Following are terms pursuant to which a Tax Increment Revenue Financing Agreement (“TIRFA”) will be drafted and executed between BB1 Development LLC (“Developer”) and the Boynton Beach Community Redevelopment Agency (“BBCRA”). Project: Developer is developing the Project, a mixed-use development including 371 residential units as well as approximately 25,000 SF of retail/commercial space. The Project will add thousands of permanent and temporary jobs as well as millions of dollars in benefits to the City of Boynton Beach as outlined in the report by Fishkind Litigation Services. Open Space: The Project has approximately 21,000 SF of green space and 36,000 SF of sidewalks and paved areas including a public plaza with outdoor seating connecting to the commercial space, accounting for over 35% of the total site area. Residential Units: Of the 371 total units, over 200 are housing units below 750 SF, which is a category of housing encouraged by the Boynton Beach zoning code for the purpose of providing a broader range of housing attainable at different income levels. Energy Efficiency: The Project is incorporating green elements into the design such as energy efficient air conditioners, cool roof pavers, energy efficient LED lighting fixtures and 100% Energy Star rated appliances. Community Outreach: Developer will be partner with a local community outreach partner in order to coordinate on issues pertaining to employment of City residents and jobs. BB1 and the community outreach partner will host a job fair, when feasible give priority to qualified job applicants to participate in the construction of the Project and use good faith efforts to offer permanent job positions resulting from the Project to qualified City residents. Public Parking: BB1 received feedback from members of the public and local neighborhood groups/associations to help accommodate additional parking in downtown Boynton Beach. BB1 worked with its consultants to identify an additional 32 parking spaces above the approved number of spaces. Rather than reduce the garage size by this number of spaces and achieve cost savings, BB1 will provide these spaces for public use, together with an additional 58 of its existing commercial spaces which it will convert to public spaces, 177 for a total of 90 public parking spaces (the “New Public Parking Spaces”). After this dedication, BB1 will continue to have 70 parking spaces available for dedicated commercial use, in addition to residential/visitor only parking spaces. BB1 will be responsible for installing, managing and metering the New Public Parking Spaces and will retain such parking revenue. Infrastructure: Developer shall complete the public infrastructure items as shown in Exhibit A. Construction Start: Developer agrees to commence construction of the Project with two (2) years of the effective date of the TIRFA. Annual Report: Developer shall provide an annual performance report for the Project to the BBCRA from commencement of construction through TCO. Tax Increment Financing: Commencing upon the temporary certificate of complete (“TCO”), Developer will receive an annual refund equal to 95% of the total tax revenue generated by the project for a fifteen (15) year term, not to exceed a total of $11.5 million (the “TIRFA Amount”). Assignability: This Agreement may only be assigned by the Developer to record owners of the Property with the prior written consent of the CRA, which consent shall not be unreasonably withheld. After substantial completion of the Project, this Agreement may be transferred by the Developer; provided, however, that any assignee thereto shall specifically assume all of the obligations of the Developer under this Agreement. Termination: The TIRFA shall automatically terminate upon the cap of $11.5 million being reached or within two (2) years of the effective date of the TIRFA if Developer has failed to commence construction. Waiver/Indemnification: The BBCRA will not be responsible for any property damages or personal injury sustained by Developer from any cause whatsoever related to the Development of the Project. Developer shall also indemnify, save and hold harmless the BBCRA, its agents or its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against the BBCRA. 178 1 TAX INCREMENT REVENUE FUNDING AGREEMENT This Tax Increment Revenue Funding Agreement (hereinafter “Agreement”) entered into as of the _____ day of _______________, 2024, by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, (hereinafter referred to as “CRA”), with a business address of 100 E. Ocean Avenue, Boynton Beach, Florida 33435, and BB1 DEVELOPMENT, LLC, a Delaware limited liability company, with a business address of 888 Biscayne Boulevard, Suite 101, Miami, Florida 33132 (hereinafter referred to as the “Developer”). RECITALS WHEREAS, Developer owns the property located at 114 and 222 North Federal Highway, Boynton Beach, Florida (“Property”) and intends to construct within the Property a new mixed-use development comprised of 371 multi-family units with related amenities and approximately 25,000 square feet of commercial space as depicted in the Site Plan attached hereto as Exhibit “A” (hereinafter referred to as the “Project”); and WHEREAS, the Property is located within the CRA Downtown Masterplan; and WHEREAS, in an effort to provide the many public benefits to the public, Developer has submitted that certain proposal dated January 10, 2024, related to the Project, attached as Exhibit “B” (hereafter referred to as the “Proposal”); and WHEREAS, the CRA has determined that the Project furthers the Boynton Beach Community Redevelopment Plan; and WHEREAS, Developer has the knowledge, ability, skill, and resources to effectuate the construction and development of the Project; and WHEREAS, the CRA has determined that a public-private partnership in which the CRA provides Tax Increment Revenue Funding for the Project will further the goals and objectives of the Community Redevelopment Plan; NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties hereby acknowledge, the Parties Agree as follows: 179 2 Section 1. Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. Section 2. Definitions. As used in this Agreement, the following terms shall have the following meanings, which shall apply to words in both the singular and plural forms of such words: 2.1. “Base Year” means the base year for determining Tax Increment Revenue from the Project. 2.2. “Certificate of Occupancy” means the certificate issued by the City pursuant to the City of Boynton Beach Building and Zoning Code indicating that a building or structure complies with all applicable City of Boynton Beach Building and Zoning Code requirements and that the same may be used for the purposes stated therein. 2.3. “City” means the City of Boynton Beach, Florida. 2.4. “Commencement of Construction” or “Commence Construction” means obtaining an official permit in hand for any of the construction activities contained herein and beginning to actually demolish, excavate or prepare the site for development of the Project in accordance with the City Code and continuing until completion of construction of the P roject as applicable in accordance with the Florida Building Code. 2.5. “Community Outreach Partner” means the for-profit or non-profit group or organization selected by Developer with whom Developer shall coordinate on the issues and obligations in this Agreement pertaining to employment of City residents and jobs for Locally Owned Small Businesses. 2.6. “Contractor” means a general contractor, a subcontractor or any other business entering into a contract with the Developer related to the construction of the Project or part thereof. 2.7. "Effective Date" shall mean the date the last party to this Agreement executes this Agreement. 2.8. “Good Faith Effort” is considered to have been made when the respective parties have used reasonable means to comply with the associated directives and/or provisions set forth in this Agreement. 2.9. “Grey Shell” means an unfinished interior, lacking heating, ventilating, air conditioning, lighting, plumbing, ceilings, elevators, interior walls, etc. and ready for tenant improvements. 2.10. “Locally Owned Small Businesses” means any business that is wholly owned by individuals who reside in the City. If a business is owned by a corporation, then the corporation must be wholly owned by individuals who reside in the City. If the business is owned by a 180 3 partnership or limited liability company, then at least 20% of its partners or members must reside in the City. 2.11 “Parking Improvements” means ninety (90) public parking spaces restricted for the use by the public in accordance with Paragraph 3.1.1(c) below. 2.12. “Pledged Project Increment Revenue” means an amount calculated by multiplying Tax Increment Revenue from the Project by agreed upon percentage factor as provided for in this Agreement. 2.13. “Property” means the property subject to this Agreement upon which the Project shall be developed as more particularly described in Exhibit “C,” hereto. 2.14. "Site Plan" shall mean the approved Site Plan attached hereto as Exhibit “A,” approved by the City of Boynton Beach, file # MSPM 23-003. Section 3. Developer’s Obligations and Covenants. 3.1 Construction of the Project. Developer agrees to Commence Construction of the Project within two (2) years of the Effective Date of this Agreement. 3.1.1 The Project shall conform to the Site Plan and shall include the following, which shall hereinafter be referred to as “Improvements”: a. Developer shall construct 371 multi-family residential units with related amenities. b. Developer shall construct approximately 25,000 square feet of commercial/retail space; c. Developer shall construct Parking Improvements, conceptually depicted on Exhibit “D,” hereto ("Public Parking") that shall be restricted for public use and that shall not be available to the residential units. The Parking Improvements may consist of structured parking, surface parking, valet parking, mechanical parking, shared parking or any other means as allowed under local city ordinance. Upon completion of the Public Parking, Developer and the CRA shall enter into a Parking Management Agreement to establish the maintenance responsibilities of the CRA for the Public Parking. If a Parking Management Agreement is not negotiated and executed by the Parties within one year of the completion of construction of the Public Parking, either party may request binding arbitration to complete the terms of the Agreement. Notwithstanding the foregoing, Developer will be responsible for managing and metering the Public Parking and all revenue derived from such metering shall be retained as revenue by Developer. 181 4 d. Construction of the multi-family residential units for the Project shall be in compliance with the following green building construction items: • All the air conditioners will be Energy Star qualified with a minimum of SEER 16; • Provide roofing materials with a SRI 75 for our low-sloped roofs for a minimum of 75% of the roof above the parking and the residential parts; • Provide energy efficient LED lighting fixtures for the building and all the interior spaces; and • Provide 100% Energy Star appliances within the building. e. Prior to and during the construction of the Project, the Developer shall: • Hire a job placement consultant during the construction period of this Agreement; • Host a job fair; • When qualified and competitive, Locally Owned Small Businesses shall be given priority, provided such businesses are available and responsive; • Include in all contracts with Contractors requirements that the Contractors use Good Faith Efforts to hire and train City residents to participate in the construction of the Project; • Provide a list of job positions and descriptions to the Community Outreach Partner and agree to give priority to qualified job applicants referred by the Community Outreach Partner to participate in the construction of the Project; • Use Good Faith Efforts to offer permanent job positions resulting from the Project to qualified City residents; and • Notify and refer job training and job placement opportunities to the Boynton Beach Community High School and South Tech Academy in Boynton Beach in the event each are able and willing to provide such training. Section 4. Annual Performance Report. Developer shall annually provide the CRA with an Annual Performance Report for the Project indicating the status of Developer’s compliance with the requirements of this Agreement as set forth in Sections 3 and 5 of this Agreement and evidencing that Developer has paid all property taxes for the Property for the preceding year. Such report must be submitted to the CRA no later than the last day of April for the preceding year in a 182 5 form substantially as more fully discussed below. Section 5. Certification Requirements. 5.1 As a condition precedent to its receipt of any Pledged Project Increment Revenue pursuant to this Agreement: 5.1.1 Annual Performance Report. Commencing upon the Effective Date, Developer shall annually provide the CRA with an Annual Performance Report certifying Developer’s compliance with this Agreement and evidencing that Developer has paid all property taxes for the Property for the preceding year in a form substantially in accordance with the form attached as Exhibit “E”; 5.1.2 Upon receipt of the Annual Performance Report, the CRA shall review and approve the Annual Performance Report at the next available CRA meeting as meeting the requirements in Section 4 above and certifying Developer’s compliance with all conditions precedent for receiving Pledged Increment Revenue for the Project, which approval shall not be unreasonably withheld; 5.1.3 The CRA has received Tax Increment Revenues from the completed Improvements subsequent to the Base Year; and 5.1.4 Developer shall not be entitled to any Pledged Project Increment Revenue payments if the Developer has failed to meet its obligations under this Agreement or is otherwise in default under the terms of this Agreement and has failed to sufficiently cure the default as provided for herein after appropriate notice of such default has been given. There is no obligation by the CRA to disburse the Direct Incentive Funding during any cure period or in the event the Developer is in default of this Agreement so long as, once a default is cured, Developer shall continue to receive their Direct Incentive Funding for the Project up to the Pledged Project Increment Revenue and any time periods for performance hereunder shall be extended for the same period of time needed to cure the default. 5.2 Certification. 5.2.1 Developer shall certify in its Annual Performance Report that it has met its obligation under Section 3.1.1a. and 3.1.1.b. of this Agreement by providing a Certificate of Occupancy for all residential components of the Improvements and Certificate of Completion for all nonresidential components of the Improvements from the City of Boynton Beach indicating the 100 percent completion of all Improvements and demonstrating that the taxable value of all improvements have been placed on the Palm Beach County tax rolls for the Property. 5.2.2 Developer shall certify in its Annual Performance Report that it has met its obligation under Section 3.1.1.c of this Agreement by demonstrating that it has constructed the Public Parking and by documenting signage and other means by which these Public Parking spaces 183 6 are clearly reserved for use by the public and excluded from use by multifamily and commercial units that are part of the Project. 5.2.3 Developer shall confirm in its Annual Performance Report that it has met its obligation under Section 3.1.1.d of this Agreement by providing proof of receipt of Florida Green Building Certification. 5.2.4 Developer shall certify in its Annual Performance Report that it has met its obligation under Section 3.1.1.e of this Agreement by: a. Demonstrating that it hired and utilized the services of a job placement consultant and by reporting the job placement consultant’s activities during construction of the Project; b. Demonstrating that it held a job fair; and c. Requiring all Contractors covered by the terms of this Agreement to provide, if applicable, annual copies of its records, reports or any other information necessary to monitor compliance with the provisions of Section 3.1.1.e of this Agreement. Section 6. Pledged Project Increment Revenue. 6.1 Formula and Term. 6.1.1 The amount of the Pledged Project Increment Revenue to be paid Developer pursuant to this Agreement is capped at ____________________________ ($____________) Dollars (“TIR Cap”) based on the following formula: The CRA hereby agrees to pledge and assign to Developer pursuant to the terms of this Agreement, an annual amount which equals ninety-five percent (95%) of the Tax Increment Revenue, for a fifteen (15) year term, not to exceed a total of ____________________________________ ($_____________________) Dollars commencing on the last day of the year that all of the following conditions are met (“TIR Term”): A. The Developer has achieved Completion of Construction; B. All elements of the Project have been placed on the Tax Roll; C. The CRA has received Tax Increment Revenue from the Project; D. The Annual Performance Report is received and found to be sufficient by the CRA, which finding shall not be unreasonably withheld, conditioned or delayed; and E. Developer is not in default under this Agreement. 184 7 Provided the above conditions precedent are satisfied, the CRA shall disburse the Tax Increment Revenue to the Developer as soon as practicable after the CRA receives the Tax Increment Revenue. 6.2 No Prior Pledge of Pledged Project Increment Revenues. The CRA warrants and represents that the Pledged Project Increment Revenues are not the subject of any prior pledge by the CRA and agrees that such revenues shall not be assigned, pledged, hypothecated or secured by the CRA for the period covered by term of this Agreement. 6.3 Form of Payment. Payment shall be in the form of a CRA check made payable to the Developer. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Developer, either wholly or in part, and no payment shall be construed to relieve Developer of obligations under this Agreement or to be an acceptance of faulty or incomplete rendition of Developer’s obligations under this Agreement. Section 7. Notice and Contact. Any notice or other document required or allowed to be given pursuant to this Agreement shall be in writing and shall be delivered personally, or by recognized overnight courier or sent by certified mail, postage prepaid, return receipt requested. The use of electronic communication is not considered as providing proper notice pursuant to this Agreement. If to CRA, such notice shall be addressed to: Timothy Tack, Acting Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue Boynton Beach, Florida 33435 With a copy to: Kathryn B. Rossmell, Esq. Lewis, Longman & Walker, P.A. 360 South Rosemary Avenue Suite 1100 West Palm Beach, Florida 33401 If to Developer, such notice shall be addressed to: Mr. Robert Vecsler BB1 Development, LLC 888 Biscayne Boulevard, Suite 101 Miami, Florida 33132 With a copy to: 185 8 Bonnie Miskel, Esq. Dunay, Miskel and Backman, LLP 14 SE 4th Street, Suite 36 Boca Raton, FL 33432 Section 8. Default. The failure of Developer to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If Developer fails to cure the default within thirty (30) days of notice from the CRA, the CRA may terminate this Agreement and all obligations for payment of Pledged Project Increment Revenue to Developer shall cease. Section 9. Termination. Unless earlier terminated pursuant to the terms herein, this Agreement shall automatically terminate upon the last disbursement of Pledged Project Increment Revenue to Developer for the Project, or within two (2) years of the Effective Date if the Developer has failed to commence construction of the Improvements subject to force majeure. Either Party may elect to terminate this Agreement by providing 45 days written notice to the other Party upon one or more of the following occurrences: a. The default of either Party, if such default is not cured within the time prescribed by this Agreement; b. The Parties enter into a mutually agreed upon, written Addendum, the effect of which is to terminate this Agreement. Section 10. Miscellaneous Provisions. 10.1 Waiver. The CRA shall not be responsible for any property damages or personal injury sustained by Developer from any cause whatsoever related to the development of the Project, whether such damage or injury occurs before, during, or after the construction of the Project or the term of this Agreement. Developer hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by Developer. This waiver, discharge, and release specifically include negligence by the CRA, its agents, or its employees, to the fullest extent the law allows. 10.2 Indemnification. Developer shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of Developer. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Developer to indemnify the CRA for its own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 186 9 10.3 Assignment. This Agreement may only be assigned by the Developer to record owners of the Property with the prior written consent of the CRA, which consent shall not be unreasonably withheld. After substantial completion of the Project, this Agreement may be transferred by the Developer; provided, however, that any assignee thereto shall specifically assume all of the obligations of the Developer under this Agreement. 10.4 Successors and Assigns. The CRA and Developer each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CRA, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CRA and the Developer. 10.5 No Discrimination. Developer shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 10.6 No Partnership, Etc. Developer agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, or employee relationship. It is specifically understood that Developer is an independent contractor and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance under this Agreement. 10.7 Public Records: The CRA is a public agency subject to Chapter 119, Florida Statutes. Developer shall comply with Florida’s Public Records Law. Specifically, the Developer shall: a. Keep and maintain public records required by the CRA to perform the public services provided for in this Agreement; b. Upon request from the CRA’s custodian of public records, provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Developer does not transfer the records to the CRA. d. Upon completion of the contract, transfer, at no cost, to the CRA all public records in possession of Developer or keep and maintain public records required by the CRA to perform the service. If Developer transfers all public records to the public agency upon completion of the contract, Developer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Developer keeps and maintains public records upon completion of the contract, Developer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to 187 10 the CRA, upon request from the CRA’s custodian of public records, in a format that is compatible with the information technology systems of the CRA. IF DEVELOPER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO DEVELOPER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435; or BoyntonBeachCRA@bbfl.us. 10.8 Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agr eements. No extraneous information may be used to alter the terms of this Agreement. 10.9 Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 10.10 Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 10.11 Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 10.12 Independent Advice. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties 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. 10.13 Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement if the rights and obligations of the Parties contained herein are not materially prejudiced and if the intentions of the Parties can continue to be achieved. To that end, this Agreement is declared severable. 188 11 10.14 Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion, waive any requirement of Developer contained in this Agreement. 10.15 Compliance with Laws. In its performance under this Agreement, Developer shall comply with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations. 10.16 Minor Modifications. The CRA Executive Director shall administratively amend this Agreement (without requirement of CRA board approval) as may be reasonably required by the Lender, provided that such amendment does not pertain to or impact any material term of this Agreement and is or the purpose of complying with Lender requirements in order to effectuate Financial Closing. If any required amendment by the Lender would have a material effect on the terms and conditions set forth in this Agreement, then such amendment shall require CRA board approval, not to be unreasonably withheld, conditioned or delayed. For purposes of this paragraph, the term “material term” shall include all terms and provisions in Sections 3, 5, 6, 8, 9, 10.1, 10.2, 10.3, 10.4, 10.7, 10.16, 10.17, and 10.18 and any other term reasonably deemed material by the CRA Attorney at the time such request for amendment is made. 10.17 Survival. The provisions of this Agreement regarding public records, indemnity, and waiver shall survive the expiration or termination of this Agreement and remain in full force and effect. 10.18 Force Majeure. Neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement to the extent and for so long as such failur e or delay is caused by or results from causes beyond the reasonable control of the affected Party, including but not limited to fire, floods, embargoes, war, acts of war (whether war be declared or not), acts of terrorism, pandemics, insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, acts of God or acts, omissions or delays in acting by any governmental authority, or the other Party. Events of Force Majeure shall extend the period for the performance of the obligations for a period equal to the period(s) of any such delay(s). All terms contained herein shall be subject to Force Majeure. 10.19 Computation of Time. Any reference herein to time periods which are not measured in Business Days and that are less than six (6) days shall not include Saturdays, Sundays, and legal holidays in the computation thereof. Any period provided for in this Agreement which ends on a Saturday, Sunday, or legal holiday shall extend to 5 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the computation thereof. For purposes of this Agreement, Business Days shall mean Monday through Friday but shall exclude state and federal holidays. 10.20 Effective Date. This Agreement will become effective upon the date and time the last party executes this Agreement. 189 12 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. WITNESSES: BB1 DEVELOPMENT, LLC, a Delaware limited liability company (signature of witness) By: (printed name of witness) Print Name: Title: (address of witness) (signature of witness) (printed name of witness) (address of witness) STATE OF __________________ COUNTY OF ________________ BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, appeared before me by ⃝ physical presence or ⃝ online notarization this ___ day of __________________, 2024, by ___________________________________________, as ____________________________________ of BB1 DEVELOPMENT, LLC, a Delaware limited liability company, who is ⃝ personally known to me or ⃝ produced __________________ as identification. (SEAL) Notary Public, State of _____________________ __________________________________________ My Commission Expires: Name of Notary Typed, Printed or Stamped 190 13 WITNESSES: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (signature of witness) By: (printed name of witness) Print Name: Title: (address of witness) (signature of witness) (printed name of witness) (address of witness) STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, appeared before me by ⃝ physical presence or ⃝ online notarization this ____ day of ________________, 2024, by ___________________________, as __________________ of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, who is ⃝ personally known to me or ⃝ produced __________________ as identification. (SEAL) Notary Public, State of Florida __________________________________________ My Commission Expires: Name of Notary Typed, Printed or Stamped 191 14 EXHIBIT “A” PROJECT 192 15 EXHIBIT “B” PROPOSAL 193 16 EXHIBIT “C” PROPERTY 194 17 EXHIBIT "D” PUBLIC PARKING 195 18 EXHIBIT "E” ANNUAL PERFORMANCE REPORT FORM 196 •Attachment I - January 2024 Financial Summary COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 CONSENT AGENDA AGENDA ITEM 11.A SUBJECT: CRA Financial Report Period Ending January 31, 2024 SUMMARY: CRA Financial Services staff is providing the CRA Board with the January 31, 2024 (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 January 31, 2024. ATTACHMENTS: Description 197 General Fund Projects Fund Debt Service Fund Total Governmental Funds REVENUES Tax increment revenue 21,707,867 - - 21,707,867 Marina Rent & Fuel Sales 603,609 - - 603,609 Contributions and donations - - - - Interest and other income 124,557 191,624 10,380 326,561 Total revenues 22,436,033 191,624 10,380 22,638,037 EXPENDITURES General government 1,604,729 - - 1,604,729 Redevelopment projects - 2,635,680 - 2,635,680 Debt service:- Principal - - - - Interest and other charges - - - - Total expenditures 1,604,729 2,635,680 - 4,240,410 20,831,304 (2,444,057) 10,380 18,397,627 OTHER FINANCING SOURCES (USES) Funds Transfers in - 15,460,741 2,135,817 17,596,558 Funds Transfers out (17,596,558) - - (17,596,558) Total other financing sources (uses) (17,596,558) 15,460,741 2,135,817 - Net change in fund balances 3,234,746 13,016,684 2,146,197 18,397,627 Fund balances - beginning of year 4,460,185 13,283,370 176,014 17,919,569 Fund balances - end of year 7,694,931 26,300,054 2,322,211 36,317,196 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 - January 31, 2024 (A Component Unit of the City of Boynton Beach, Florida) The notes to the basic financial statements are an integral part of this statement. 1 198 Original Budget Final Budget Actual REVENUES Tax increment revenue 21,496,558$ 21,496,558$ 21,707,867 Marina Rent & Fuel Sales 1,100,000 1,100,000 603,609 Interest and other income - - 124,557 Other financing sources (uses) - - - Total revenues 22,596,558 22,596,558 22,436,033 EXPENDITURES General government 5,000,000 5,104,949 1,604,729 Total expenditures 5,000,000 5,104,949 1,604,729 17,596,558 17,491,609 20,831,304 OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (17,596,558) (17,596,558) (17,596,558) Total other financing sources (uses) (17,596,558) (17,596,558) (17,596,558) Net change in fund balances -$ (104,949)$ 3,234,746 Fund balances - beginning of year 4,460,185 Fund balances - end of year 7,694,931 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 - January 31, 2024 The notes to the basic financial statements are an integral part of this statement. 1 199 2/2/2024 9:05:59 AM Page 1 of 5 Detail vs Budget Report Boynton Beach CRA, FL Account Summary Date Range: 01/01/2024 - 01/31/2024 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01 - GENERAL FUND Revenue 01-41000 T.I.F. COLLECTIONS 211,309.00-21,707,867.000.00-21,707,867.00-21,496,558.000.00 0.98% 01-42115 MARINA RENTS -51,551.60-48,448.40-12,090.00-36,358.40-100,000.000.00 -51.55% 01-42116 MISCELLANEOUS RENTS FRO PROPER 84,766.68-84,766.68-21,179.17-63,587.510.000.00 0.00% 01-42117 MARINA FUEL SALES -532,328.76-467,671.24-131,683.06-335,988.18-1,000,000.000.00 -53.23% 01-42118 MARINA MISC INCOME 2,722.92-2,722.92811.64-3,534.560.000.00 0.00% 01-46100 INTEREST INCOME 56,232.04-56,232.04-13,244.43-42,987.610.000.00 0.00% 01-47200 IN KIND REVENUE 43,644.68-43,644.68-10,911.17-32,733.510.000.00 0.00% 01-48100 MISCELLANEOUS INCOME 24,680.44-24,680.44-4,835.99-19,844.450.000.00 0.00% Revenue Totals:0.00 -22,596,558.00 -22,242,901.22 -193,132.18 -22,436,033.40 -160,524.60 -0.71% Expense 01-51010-200 CONTRACTUAL EXPENSE 41,260.753,757.001,045.002,712.0045,017.750.00 91.65% 01-51010-216 ADVERTISING & PUBLIC NOTICES 8,000.000.000.000.008,000.000.00 100.00% 01-51010-225 ASSOC. MEETINGS & SEMINARS 23,882.504,662.5050.004,612.5028,545.000.00 83.67% 01-51010-227 DELIVERY SERVICES 111.00139.000.00139.00250.000.00 44.40% 01-51010-310 OFFICE SUPPLIES 417.94-17.94-17.940.00400.000.00 104.49% 01-51230-100 PERSONNEL SERVICES 282,777.57162,858.4529,882.30132,976.15445,636.020.00 63.45% 01-51230-115 CAR ALLOWANCE 6,141.033,458.97415.383,043.599,600.000.00 63.97% 01-51230-225 ASSOC. MEETINGS & SEMINARS 14,097.671,402.330.001,402.3315,500.000.00 90.95% 01-51230-226 MEMBERSHIP DUES 12,166.255,133.75252.004,881.7517,300.000.00 70.33% 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 2,075.77424.23292.42131.812,500.000.00 83.03% 01-51230-315 POSTAGE 2,800.00200.00100.00100.003,000.000.00 93.33% 01-51230-340 CELLULAR PHONES 2,162.53337.4796.47241.002,500.000.00 86.50% 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 159,423.2682,427.7427,906.0054,521.74241,851.000.00 65.92% 01-51325-115 CAR ALLOWANCE 2,353.861,246.14415.38830.763,600.000.00 65.39% 01-51325-200 CONTRACTUAL EXPENSE 125.00175.000.00175.00300.000.00 41.67% 01-51325-201 BANK FEES 5,806.06193.9414.06179.886,000.000.00 96.77% 01-51325-225 ASSOC. MEETINGS & SEMINARS 9,212.6637.3437.340.009,250.000.00 99.60% 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% 200 Detail vs Budget Report Date Range: 01/01/2024 - 01/31/2024 2/2/2024 9:05:59 AM Page 2 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51325-310 OFFICE SUPPLIES 1,739.37260.63217.9742.662,000.000.00 86.97% 01-51325-340 CELLULAR PHONES 1,665.61334.3996.47237.922,000.000.00 83.28% 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 1,934.0066.0066.000.002,000.000.00 96.70% 01-51325-400 EQUIPMENT COSTS 1,000.000.000.000.001,000.000.00 100.00% 01-51410-213 GENERAL PROPERTY COVERAGE 164,443.11176,072.890.00176,072.89340,516.000.00 48.29% 01-51420-200 CONTRACTUAL EXPENSE 38,860.2520,139.752,139.7518,000.0059,000.000.00 65.86% 01-51420-201 CONTRACT LEGAL 147,265.0040,735.0020,106.0020,629.00181,000.00-7,000.00 81.36% 01-51420-202 WEBSITE HOSTING, REDESIGN & MAINT 32,036.975,459.682,439.673,020.0137,139.98-356.67 86.26% 01-51420-204 CITY STAFF COSTS 27,671.001,920.000.001,920.0029,591.000.00 93.51% 01-51440-100 PERSONNEL SERVICES 134,158.2469,993.7623,615.3046,378.46204,152.000.00 65.71% 01-51440-225 ASSOC. MEETINGS & SEMINARS 5,529.782,170.2271.592,098.637,700.000.00 71.82% 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 7,976.24173.76173.760.008,150.000.00 97.87% 01-51440-310 OFFICE SUPPLIES 829.29170.71128.0542.661,000.000.00 82.93% 01-51440-340 CELLULAR PHONES 868.47331.5395.51236.021,200.000.00 72.37% 01-51440-355 SUBSCRIPTIONS 1,868.00132.0033.0099.002,000.000.00 93.40% 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 4,411.28588.720.00588.725,000.000.00 88.23% 01-51620-201 PROPERTY TAXES & ASSOC. DUES 69,889.8180,110.193,226.0076,884.19150,000.000.00 46.59% 01-51620-202 MARINA POLICE 35,606.858,293.563,209.335,084.2340,691.08-3,209.33 87.51% 01-51620-205 RENTAL OF OFFICES 20,357.189,642.822,111.827,531.0030,000.000.00 67.86% 01-51620-208 EQUIPMENT LEASES 11,514.101,514.85564.17950.6812,638.06-390.89 91.11% 01-51620-209 PROPERTY MAINTENENCE COST 419,036.3378,829.9223,056.7955,773.13478,890.00-18,976.25 87.50% 01-51620-210 IN KIND EXPENSE -43,644.6843,644.6810,911.1732,733.510.000.00 0.00% 01-51620-211 VEHICLE MAINTENANCE / FUEL 9,511.51488.49454.9733.5210,000.000.00 95.12% 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 17,798.922,201.08569.941,631.1420,000.000.00 88.99% 01-51620-326 WATER CHARGES 18,746.921,253.08368.70884.3820,000.000.00 93.73% 01-51630-200 CONTRACTUAL 150.00450.000.00450.00600.000.00 25.00% 01-51630-209 PROPERTY MAINTENENCE 70,099.9720,900.039,054.7011,845.3391,000.000.00 77.03% 01-51630-241 MARINA FUEL MANAGEMENT 153,830.7676,915.2419,228.8157,686.43230,746.000.00 66.67% 01-51630-242 MARINE FUEL STATION OVERHEAD 49,833.7710,166.233,255.266,910.9760,000.000.00 83.06% 01-51630-310 OFFICE SUPPLIES 1,085.77114.2342.6871.551,200.000.00 90.48% 01-51630-325 ELECTRIC COSTS 5,451.733,548.27895.702,652.579,000.000.00 60.57% 01-51630-326 WATER COSTS 4,869.581,130.42191.97938.456,000.000.00 81.16% 01-51630-327 GASOLINE & DEISEL FUEL PURCHAS 374,587.05315,587.9589,538.93226,049.02690,175.000.00 54.27% 01-51630-328 MARINA DIESEL SALES TAX 13,669.863,609.141,084.002,525.1417,279.000.00 79.11% 01-51650-200 CONTRACTUAL EXPENSE 1,800.000.000.000.001,800.000.00 100.00% 01-51650-210 CITY IT SUPPORT 22,949.007,587.000.007,587.0030,536.000.00 75.15% 201 Detail vs Budget Report Date Range: 01/01/2024 - 01/31/2024 2/2/2024 9:05:59 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 32,965.5829,534.42490.0029,044.4262,500.000.00 52.74% 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 109,615.2842,551.7214,673.0227,878.70152,167.000.00 72.04% 01-57400-216 ADVERTISING & PUBLIC NOTICES 41,110.006,890.004,015.002,875.0048,000.000.00 85.65% 01-57400-218 ANNUAL REPORT & BROCHURES 5,000.000.000.000.005,000.000.00 100.00% 01-57400-225 ASSOC. MEETINGS & SEMINARS 9,965.0234.9834.980.0010,000.000.00 99.65% 01-57400-226 MEMBERSHIP DUES 4,500.005,800.000.005,800.0010,300.000.00 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 1,053.93446.07403.4142.661,500.000.00 70.26% 01-57400-340 CELLULAR PHONES 1,488.47511.53140.51371.022,000.000.00 74.42% 01-57400-355 SUBSCRIPTIONS 1,500.00400.00200.00200.001,900.000.00 78.95% 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 102,261.8035,746.2013,383.3822,362.82138,008.000.00 74.10% 01-57500-225 ASSOC. MEETINGS & SEMINARS 10,000.000.000.000.0010,000.000.00 100.00% 01-57500-226 MEMBERSHIP DUES 525.00475.00475.000.001,000.000.00 52.50% 01-57500-229 CAREER DEVELOPMENT 7,000.000.000.000.007,000.000.00 100.00% 01-57500-310 OFFICE SUPPLIES 1,463.03536.97471.0165.962,000.000.00 73.15% 01-57500-340 CELLULAR PHONES 420.00180.0045.00135.00600.000.00 70.00% 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.60,731.7519,268.256,602.3412,665.9180,000.000.00 75.91% 01-59000-152 MEDICARE 13,399.856,600.15602.695,997.4620,000.000.00 67.00% 01-59000-153 RETIREMENT PLAN 401(a)238,655.00111,345.0055,993.0055,352.00350,000.000.00 68.19% 01-59000-154 WORKERS COMP INSURANCE 15,000.000.000.000.0015,000.000.00 100.00% 01-59000-155 HEALTH INSURANCE 180,477.6019,522.409,603.059,919.35200,000.000.00 90.24% 01-59000-156 DENTAL INSURANCE 13,751.831,248.17329.67918.5015,000.000.00 91.68% 01-59000-157 LIFE INSURANCE 11,506.00245.00100.00145.0011,751.000.00 97.92% 01-59000-158 SHORT / LONG TERM DISABILITY 7,201.752,798.251,119.301,678.9510,000.000.00 72.02% 01-59000-159 UNEMPLOYMENT CHARGES 10,000.000.000.000.0010,000.000.00 100.00% 01-59000-160 VISION INSURANCE 4,829.89170.1141.20128.915,000.000.00 96.60% 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 0.002,135,817.000.002,135,817.002,135,817.000.00 0.00% 01-59999-990 INTERFUND TRANSFERS OUT 0.0015,460,741.000.0015,460,741.0015,460,741.000.00 0.00% Expense Totals:-29,933.14 22,701,506.87 18,815,128.36 386,158.98 19,201,287.34 3,530,152.67 15.55% 01 - GENERAL FUND Totals:-29,933.14 104,948.87 -3,427,772.86 193,026.80 -3,234,746.06 3,369,628.07 02 - PROJECTS FUND Revenue 202 Detail vs Budget Report Date Range: 01/01/2024 - 01/31/2024 2/2/2024 9:05:59 AM Page 4 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 02-44100 FESTIVAL & EVENT INCOME 527.00-527.00-527.000.000.000.00 0.00% 02-46100 INTEREST INCOME 190,496.45-190,496.45-66,983.13-123,513.320.000.00 0.00% 02-47100 APPLICATION FEES 600.21-600.21-400.21-200.000.000.00 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 0.00-15,460,741.000.00-15,460,741.00-15,460,741.000.00 0.00% Revenue Totals:0.00 -19,089,147.00 -15,584,454.32 -67,910.34 -15,652,364.66 -3,436,782.34 -18.00% Expense 02-58100-202 CONTINGENCY EXPENSE 200,000.000.000.000.00200,000.000.00 100.00% 02-58100-203 CONTRACTUAL EXPENSE 1,305,600.002,900.001,400.001,500.001,308,500.000.00 99.78% 02-58100-213 LEGAL FEES 226,542.5023,457.509,529.0013,928.50250,000.000.00 90.62% 02-58200-401 BUILDINGS 3,812,277.78463,777.000.00463,777.004,276,054.780.00 89.15% 02-58200-402 IMPROVEMENTS 1,306,513.000.000.000.001,306,513.000.00 100.00% 02-58200-404 CONSTRUCTION IN PROGRESS 212,795.337,937.097,937.090.00220,732.420.00 96.40% 02-58200-405 SITE WORK AND DEMOLITION FEES 348,337.321,662.681,150.12512.56350,000.000.00 99.52% 02-58200-406 INFRASTRUCTURE AND STREETSCAPE 9,789,609.891,745,393.049,960.051,735,432.9911,525,042.88-9,960.05 84.94% 02-58400-443 DIFA-ECONOMIC DEVELOPMENT 661,167.000.000.000.00661,167.000.00 100.00% 02-58400-444 ECONOMIC DEVELOPMENT GRANTS 1,351,228.47109,394.0819,375.0990,018.991,485,423.4624,800.91 90.97% 02-58400-445 MARKETING INCENTIVES 275,542.428,432.581,065.007,367.58283,975.000.00 97.03% 02-58500-460 COMMUNITY POLICING INNOVATIONS 1,069,066.93135,671.46135,671.460.001,069,066.93-135,671.46 100.00% 02-58500-470 COMMUNITY SUPPORT PROJECTS 0.000.000.000.00400,000.00400,000.00 0.00% 02-58500-480 COMMUNITY SPECIAL EVENTS 436,945.11137,054.8916,847.13120,207.76574,000.000.00 76.12% Expense Totals:279,169.40 23,910,475.47 2,432,745.38 202,934.94 2,635,680.32 20,995,625.75 87.81% 02 - PROJECTS FUND Totals:279,169.40 4,821,328.47 -13,151,708.94 135,024.60 -13,016,684.34 17,558,843.41 03 - DEBT SERVICE Revenue 03-46100 INTEREST INCOME 10,379.91-10,379.91-5,885.75-4,494.160.000.00 0.00% 03-49900 TRANSFERS IN 0.00-2,135,817.000.00-2,135,817.00-2,135,817.000.00 0.00% Revenue Totals:0.00 -2,135,817.00 -2,140,311.16 -5,885.75 -2,146,196.91 10,379.91 0.49% 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 -2,140,311.16 -5,885.75 -2,146,196.91 2,146,196.91 Report Total:249,236.26 4,926,277.34 -18,719,792.96 322,165.65 -18,397,627.31 23,074,668.39 203 Detail vs Budget Report Date Range: 01/01/2024 - 01/31/2024 2/2/2024 9:05:59 AM Page 5 of 5 Fund Summary Fund Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining -29,933.14 104,948.87 -3,427,772.86 193,026.80 -3,234,746.06 3,369,628.0701 - GENERAL FUND 279,169.40 4,821,328.47 -13,151,708.94 135,024.60 -13,016,684.34 17,558,843.4102 - PROJECTS FUND 0.00 0.00 -2,140,311.16 -5,885.75 -2,146,196.91 2,146,196.9103 - DEBT SERVICE Report Total:249,236.26 4,926,277.34 -18,719,792.96 322,165.65 -18,397,627.31 23,074,668.39 204 •Attachment I - January 18, 2023 CRA Meeting Minutes COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 CONSENT AGENDA AGENDA ITEM 11.B SUBJECT: Approval of the CRA Board Meeting Minutes for January 18, 2024 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the January 18, 2024 CRA Board Meeting Minutes. ATTACHMENTS: Description 205 206 207 208 209 210 211 212 213 214 •Attachment I - January 18, 2024 CRA Meeting Minutes •Attachment II - Location Map 348-350 NW 11th Ave •Attachment III - Land Purchase Agreement - Seller Signed 01-31-2024 •Attachment IV - NW 11 AVENUE James Appraisal COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 CONSENT AGENDA AGENDA ITEM 11.C SUBJECT: Approval of Purchase and Sale Agreement for Lots 348-350 NW 11th Avenue SUMMARY: On January 18, 2024, the CRA Board approved the purchase of the property located at 348- 350 NW 11th Avenue at the appraised value of $165,000.00 (Attachments I, II & III). Background: The property is approximately 7,636.07 square feet (0.1753 acres) and zoned R2 Duplex. The future development would be a mixed-use development under the MU Medium Future Land Use Classification. The development potential would allow medium density residential with a maximum density of 11 units per acre and a maximum height of 45'. The property is located within the Heart of Boynton District and will be used for infill affordable housing. FISCAL IMPACT: $165,000.00 - FY 2023-2024 Budget, Project Fund, Line Item 02-58200-401 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Heart of Boynton District CRA BOARD OPTIONS: Approve the purchase of the vacant lot 348-350 NW 11th Avenue in the amount of $165,000.00 and authorize the Board Chair to execute a Purchase and Sale Agreement. ATTACHMENTS: Description 215 Meeting Minutes CRA Board Meeting Boynton Beach, FL Mr. Tack replied that there is nothing currently planned for that site. Vice Chair Turkin opened public comment. No one came forth. No virtual comments. Vice Chair Turkin closed public comment. Motion: January 18, 2024 Board Member Kelley amended the motion and moved to approve the purchase of the vacant lot located at 1111 S. Federal Highway and direct staff to negotiate with seller to determine appropriate sales price and bring back to the Board for further direction. Board Member Hay seconded the motion. The motion passed unanimously. C. Discussion and Consideration of Purchase of 703 S. Federal Highway (Moved to February) D. Discussion and Consideration of Purchase of Lot 348-350 NW 11th Avenue Mr. Tack gave an overview of Lot 348-350 NW 11th Avenue, the property is approximately .175 acres and zoned R-2 Duplex. He said that the future development would be mixed use under the mixed-use future land use classification. He stated that the development potential would be medium density residential with a maximum density of up to 11 units per acre and a maximum height of 45 feet. He commented that the CRA has successfully, in the past, partnered with Habitat for Humanity and the Boynton Beach Faith-Based Community Development Corporation using such infilllots to fulfill the mission of providing affordable housing. He commented that the property is currently listed at $17 4,900, and the owner would accept $165,000 which is the appraised value of the property. Board Member Hay stated that this was a good deal and to move forward with the purchase of Lot 348-350 NW 11th Avenue based on Staff recommendations. Board Member Kelley stated that she agreed that this is fair and that the CRA is getting a good deal for future partnering with either the Faith Based CBC or Habitat. Vice Chair Turkin opened public comments. Fleur Life Heaton, stated that the property is ready to build and that the seller has agreed to the purchase price from the CRA. No virtual comments. Vice Chair Turkin closed public comment. Motion: Board Member Hay moved for Staff to proceed with the purchase of Lot 348-350 NW 11th 8 216 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 18, 2024 Avenue consistent with the terms in the Staff Report and to bring back for final approval from the Board. Board Member Kelley seconded the motion. The motion passed unanimously. 15. CRA Projects in Progress A. Social Media & Print Marketing Update B. CRA Economic & Business Development Grant Program Update C. MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update-January 2024 16. Future Agenda Items A. Update on Discussion and Consideration of the Responses to the Second RFP/RFQ for the CRA-owned Property located at 401-411 E. Boynton Beach Boulevard -February B. Discussion and Consideration of First Amendment to the lnterlocal Agreement (ILA) for Technical Support Services with the City of Boynton Beach C. Discussion and Consideration of an lnterlocal Agreement (ILA) between the CRA and the City of Boynton Beach regarding Contract with Circuit Transit Inc. for the BBCRA Pilot Ride Share Program 17. Adjournment Motion Board Member Kelley moved to adjourn. Board Member Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 7:04P.M. 9 217 218 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (hereinafter “Agreement”) is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter “PURCHASER”) and Robert Lincoln James, a single man, (hereinafter “SELLER”). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Properties located in Palm Beach County, Florida (the “Properties”) and more particularly described as follows: PCN 08-43-45-21-14-000-3480 CHERRY HILLS, BOYNTON LTS 348 TO 350 INC., as recorded in Plat Book 4, Page 58, of the Public Records of Palm Beach County, Florida. 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be One Hundred Sixty-Five Thousand Dollars ($165,000.00), payable in cash, by wire transfer of United States Dollars at the Closing. 3. DEPOSIT. 3.1 Earnest Money Deposit. Within five (5) Business Days after the execution of the Purchase Agreement by both parties, PURCHASER shall deliver to Lewis, Longman & Walker, PA (“Escrow Agent”) a deposit in the amount of Five Thousand Dollars ($5,000.00) the “Deposit”). 3.2 Application/Disbursement of Deposit. The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the PURCHASER shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the PURCHASER. If this Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be delivered to (or retained by, as applicable) the non-defaulting Party, and the non-defaulting Party shall have such additional rights, if any, as are provided in Section 12. Authentisign ID: 713311C2-8AC0-EE11-B660-6045BDD68161 219 Purchase and Sale Agreement Page 2 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 3.3 Escrow Agent. PURCHASER and SELLER authorize Escrow Agent to receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this Agreement. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to PURCHASER and SELLER, unless the misdelivery is due to Escrow Agent’s willful breach of this Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable attorney’s fees and costs to be paid from the escrowed funds which are charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 4. EFFECTIVE DATE. The date of this Agreement (the “Effective Date”) shall be the date when the last one of the SELLER and PURCHASER has signed this Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before April 4, 2024 (the “Closing”), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the “Permitted Exceptions”): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. FEASIBILITY PERIOD. The PURCHASER, and its designees shall have thirty (30) days from the Effective Date of this Agreement (“Feasibility Period”), at PURCHASER’s expense, to make inquiries to determine if the Property is suitable for its intended use and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, valuation appraisals and investigations of the Property, including but not limited to Phase I and Phase II investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER’s sole and absolute discretion, to terminate this contract and receive back all deposits hereunder. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Authentisign ID: 713311C2-8AC0-EE11-B660-6045BDD68161 220 Purchase and Sale Agreement Page 3 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER’s testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER’s testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney’s fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER’s investigation of the Property. However, PURCHASER’s indemnification obligations shall not exceed its statutory limits as provided within Section 768.28, Florida Statutes, and PURCHASER does not waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold PURCHASER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney’s fees, for nonpayment for services rendered to SELLER or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER’s investigation of the Property. SELLERS’ obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 Title Review. Within twenty (20) days of the Effective Date, PURCHASER shall obtain, at the PURCHASER’s expense, from a Title Company chosen by PURCHASER (hereinafter “Title Company”), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. Any and all assessments, outstanding utility charges, liens and other matters not constituting Permitted Exceptions shall be paid by Seller prior to or at closing from Seller’s proceeds.PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than thirty (30) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter “Title Objections”). If PURCHASER fails to deliver the Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the Title Objections (hereinafter “Cure Period”).In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the Title Objections within the Cure Period, to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER’s sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the title as it then is but using such portion of the Purchase Price as may be necessary to pay and satisfy any mortgages, outstanding utility charges, delinquent property taxes and/or code enforcement and contractors' liens or other recorded claims of lien upon the property, or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly Authentisign ID: 713311C2-8AC0-EE11-B660-6045BDD68161 221 Purchase and Sale Agreement Page 4 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment (“Title Update”) covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.2. Survey Review. PURCHASER, at PURCHASER’s expense,shall obtain a current boundary survey (the “Survey”) of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.1 concerning title objections. 7.3 SELLER Deliveries. SELLER shall deliver to PURCHASER the following documents and instruments within ten (10) days of the Effective Date of this Agreement, except as specifically indicated: 7.3.1 Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in SELLER’s possession or control with respect to the physical condition or operation of the Property, if any. 7.3.2 Copies of all licenses, variances, waivers, permits (including but not limited to all surface water management permits, wetland resource permits, consumptive use permits and environmental resource permits), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the Property, or any portion thereof (the "Governmental Approvals"), which are material to the use or operation of the Property, if any. 7.3.3 Prior to the Closing Date, SELLER shall execute and deliver to PURCHASER any and all documents and instruments required by PURCHASER, in PURCHASER’s sole and absolute discretion, which: (i) effectuate the transfer to PURCHASER of those Governmental Approvals, or portions thereof which are applicable to the Property, that PURCHASER desires to have assigned to it, and/or (ii) cause the Property to be withdrawn from any Governmental Approvals. No later than thirty (30) days prior to the Closing Date, SELLER shall remedy, restore, and rectify any and all violations of the Governmental Approvals (including, but not limited to, any and all portions of the surface water management system, Authentisign ID: 713311C2-8AC0-EE11-B660-6045BDD68161 222 Purchase and Sale Agreement Page 5 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 mitigation areas or other items which do not comply with the Governmental Approvals or applicable rules), if any. SELLER warrants that there will not be, at the time of Closing, any unrecorded instruments affecting the title to the Property, including, but not limited to any conveyances, easements, licenses or leases. 8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the “Conditions to Closing”) are either fulfilled or waived by PURCHASER in writing: 8.1. Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 8.2. Condition of Property. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. 8.3. Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 8.4. Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 8.5. Occupancy. The property shall be conveyed to the PURCHASER at time of closing unoccupied. 9. CLOSING DOCUMENTS. The PURCHASER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the SELLER’S Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1. Deed.A Warranty Deed (the “Deed”) conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller’s Affidavits.SELLER shall furnish to PURCHASER an owner’s affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non- foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. Authentisign ID: 713311C2-8AC0-EE11-B660-6045BDD68161 223 Purchase and Sale Agreement Page 6 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 9.3. Closing Statement. A closing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which PURCHASER shall also execute and deliver at Closing. 9.4. Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5. Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1. Prorations. Assessments, rents, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. PURCHASER shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Advance rent and security deposits, if any, will be credited to PURCHASER. Taxes shall be prorated based upon the current year’s tax with due allowance made for maximum allowable discount. 10.2 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Tax Collector’s Office. In the event that, following the Closing, the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing, the parties shall re-prorate any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing. 10.3. Special Assessment Liens. Certified, confirmed and ratified special assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens as of Closing shall be assumed by PURCHASER. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 10.4. Closing Costs. PURCHASER shall be responsible for recording the deed and half of all general closing expenses (settlement fee, courier fees, overnight package, etc.). Authentisign ID: 713311C2-8AC0-EE11-B660-6045BDD68161 224 Purchase and Sale Agreement Page 7 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 SELLER is responsible for documentary stamps on the deed and half of all general closing expenses and their own legal fees. All other costs of closing shall be borne by PURCHASER. 10.5 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a “marked-up” Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.6 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of its knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 11.1 At all times from the Effective Date until prior to Closing, SELLER shall keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith (including, without limitation, court costs and reasonable attorney'sfees). 11.2 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value ofthe Propertyor anypart thereofor which would otherwise relate to theProperty. 11.3 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal Authentisign ID: 713311C2-8AC0-EE11-B660-6045BDD68161 225 Purchase and Sale Agreement Page 8 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLERin accordance with itsterms. 11.4 SELLER represents that SELLER will not, between the date of this Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases, easements, covenants, conditions or restrictions. Additionally, SELLER represents that SELLER will not, between the date of this Agreement, and the Closing take any action to terminate or materially, amend or alter any existing leases presently in existence, without the prior consent of PURCHASER, which consent shall notbeunreasonablywithheld or delayed. 11.5 SELLER represents that there are no parties other than SELLER in possession ofthe Propertyor anyportion of the Propertyas a lessee. 11.6 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the conclusionofthe Feasibility Periodtothe Closing Date. 11.7 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.8 SELLER represents that it has no actual knowledge nor has it received any notice that the Property has been, is presently or is contemplated to be utilized as a reservoir of hazardous material. As used herein, the term "Hazardous Material" shall mean any substance, water or material which has been determined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies)"). Authentisign ID: 713311C2-8AC0-EE11-B660-6045BDD68161 226 Purchase and Sale Agreement Page 9 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 11.9 SELLER represents to PURCHASER that the Property is not subject to any deed restrictions or declaration of restrictions running with the Property which would affect the use of the Property except those constituting Permitted Exceptions as defined above. 11.10 Between the date of this Agreement and the date of closing, SELLER will not file any application for a change of the present zoning classification of the Property. 11.11 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER’S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.12 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 11.13 Additional Warranties and Representations of SELLER. As a material inducement to PURCHASER entering into this Agreement, SELLER, to the best of SELLER’S information and belief, hereby represents and warrants the following: 11.13.1 There are no pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi-governmental authority, including but not limited to, PURCHASER, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the Property or any portion thereof and SELLER has not granted or is not obligated to grant any interest in the Property to any of the foregoing entities. 11.13.2 There are no facts believed by SELLER to be material to the use, condition and operation of the Property in the manner that it has been used or operated, which it has not disclosed to PURCHASER herein, including but not limited to unrecorded instruments or defects in the condition of the Property which will impair the use or operation of the Property in any manner. 11.13.3 To the best of SELLER’S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. Authentisign ID: 713311C2-8AC0-EE11-B660-6045BDD68161 227 Purchase and Sale Agreement Page 10 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 12. DEFAULT. 12.1. PURCHASER’s Default.In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise. PURCHASER and SELLER acknowledge that if PURCHASER defaults, SELLER will suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent most closely approximates the amount necessary to compensate SELLER. PURCHASER and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision. 12.2.Seller’s Default.In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER’S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and demand that the Deposit be returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall have any further rights hereunder, or (2) seek specific performance of this Agreement, without waiving any action for damages. 12.3. Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) business days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 12.4. Survival. The provisions of this section shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: Authentisign ID: 713311C2-8AC0-EE11-B660-6045BDD68161 228 Purchase and Sale Agreement Page 11 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 If to Seller: Robert Lincoln James 4220 SW 8 th Street Plantation, FL 33317-4033 If to Purchaser: Timothy Tack, Acting Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 With a copy to: Kenneth Dodge Lewis, Longman & Walker, PA 360 South Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER shall have the right to assign this Agreement to the City of Boynton Beach (the “City”) without the prior consent of SELLER and the PURCHASER shall be released from any further obligations and liabilities under this Agreement. The PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not unreasonably withheld. If PURCHASER has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time to time), shall apply. 15. BROKER FEES. The SELLER hereby states that they have dealt with a real estate broker in connection with the transaction contemplated by this Agreement and SELLER is liable for a sales commission. SELLER shall indemnify, defend and hold harmless the PURCHASER from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney’s fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by SELLER on its behalf with any broker or finder in connection with this Agreement. The provisions of this Section shall survive Closing or termination of this Agreement. 16. ENVIRONMENTAL CONDITIONS. 16.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, Authentisign ID: 713311C2-8AC0-EE11-B660-6045BDD68161 229 Purchase and Sale Agreement Page 12 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 petroleum, petroleum product or petroleum by-product as defined or regulated by environmental laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 16.1.1 As a material inducement to PURCHASER entering into this Agreement, SELLER hereby warrants and represents the following, as applicable: (1) That SELLER and occupants of the Property have obtained and are in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER, to the best of SELLER’S knowledge. (2) SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Property. SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices on contiguous property that is owned by SELLER which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant affecting the SELLER’S property. (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity’s knowledge, threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. 17. PUBLIC RECORDS. PURCHASER is a public agency subject to Chapter 119, Florida Statutes. The SELLER is hereby notified that the PURCHASER is required by law, pursuant to Chapter 119, to maintain and disclose upon request all records deemed public under the statute including this Agreement and some or all of the documents necessary to consummate the transaction set forth herein. To the extent that any litigation should be instituted by SELLER, either directly or as a third party, to prevent or prohibit PURCHASER from disclosing or providing documents involving this Agreement or the transaction set forth in the Agreement pursuant to a public records request submitted under Chapter 119, SELLER agrees that PURCHASER may either: 1) defend the claim up to and including final judgment, or 2) interplead the challenged documents into the court. In either event, SELLER agrees to pay PURCHASER’s reasonable attorneys’ fees and costs, both trial and appellate. 18. MISCELLANEOUS. 18.1. General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings Authentisign ID: 713311C2-8AC0-EE11-B660-6045BDD68161 230 Purchase and Sale Agreement Page 13 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by the Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District of Florida. 18.2. Computation of Time. Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full business day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 18.3. Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 18.4. Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 18.5. Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. Authentisign ID: 713311C2-8AC0-EE11-B660-6045BDD68161 231 Purchase and Sale Agreement Page 14 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 18.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by PURCHASER and SELLER shall control all printed provisions in conflict therewith. 18.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 18.8. Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys’ fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 18.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 18.10 Recording. This Agreement may not be recorded in the Public Records of Palm Beach County, Florida without the prior approval of both parties. 18.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER’S Property Deed and PURCHASER’s possession of the Property. 18.12 SELLER Attorneys’ Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys’ fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. Authentisign ID: 713311C2-8AC0-EE11-B660-6045BDD68161 232 Purchase and Sale Agreement Page 15 of 15 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 PURCHASER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY SELLER: ___________________________________ _____________________________________ Printed Name: Ty Penserga Printed Name:Robert Lincoln James Title: Chair Date: ______________________________ Date: ________________________________ WITNESS: ___________________________________ Printed Name: _______________________ WITNESS: _____________________________________ Printed Name: _________________________ ESCROW AGENT ___________________________________ Lewis, Longman & Walker, P.A. Printed Name: _______________________ Date: ______________________________ Fleur Heaton Authentisign ID: 713311C2-8AC0-EE11-B660-6045BDD68161 233 Produced by ClickFORMS Software 800-622-8727 INVOICE Date:File No. Prepared for: Property Appraised: Work Performed: $ $ $ $ $ $ Total Amount Due:$ Please make checks payable to: 12/04/2023 120123 ROBERT JAMES NW 11TH AVE BOYNTON BEACH, FL 33435 Land Appraisal Report 350.00 Paid In Full 0.00 Sol Appraisals 12631 Yardley Drive Boca Raton, FL 33428 (954) 695-3351 234 Produced by ClickFORMS Software 800-622-8727 Net=-3% Gross=50% Net=41% Gross=41% Net=50% Gross=50% File No.LAND APPRAISAL REPORT Owner Census Tract Map Reference Property Address City County State Zip Code Legal Description Sale Price $Date of Sale Property Rights Appraised Fee Leasehold De Minimis PUD Actual Real Estate Taxes $(yr)Loan Charges to be paid by seller $Other Sales Concessions Client Address Occupant Appraiser Instructions to AppraiserIDENTIFICATION Intended User Intended Use Location Urban Suburban Rural Good Avg.Fair Poor Built Up Over 75%25% to 75%Under 25%Employment Stability Growth Rate Fully Dev.Rapid Steady Slow Convenience to Employment Property Values Increasing Stable Declining Convenience to Shopping Demand/Supply Shortage In Balance Oversupply Convenience to Schools Marketing Time Under 3 Mos,4-6 Mos.Over 6 Mos.Adequacy of Public Transportation Present Land Use %1 Family %2-4 Family % Apts % Condo % Commercial Recreational Facilities %Industrial % Vacant %Adequacy of Utilities Change In Present Land Use Not Likely Likely(*)Taking Place (*)Property of Compatibility (*) From To Protection from Detrimental Conditions Predominate Occupancy Owner Tenant % Vacant Police and Fire Protection Single Family Price Range $to $Predominant Value $General Appearance of Properties Single Family Age yrs to yrs.Predominant Age yrs Appeal to Market Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise):NEIGHBORHOODDimensions =Corner Lot Zoning Classification Present Improvements do do not conform to zoning regulations Highest and best use Present use Other (specify) Public Other (Describe)TopoOFF SITE IMPROVEMENTS Elec.Street Access Public Private Size Gas Surface Shape Water Maintenance Public Private View San. Sewer Storm Sewer Curb/Gutter Drainage Underground Elect. & Tel.Sidewalk Street Lights Is the property located in a HUD identified Special Flood Hazard Area?No Yes Comments (favorable or unfavorable including any apparent adverse easements, encroachments or other adverse conditions):SITEThe undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to or more favorable than the subject property, a minus (-) adjustment is made thus reducing the indicated value of subject; if a significant item in the comparable is inferior to or less favorable than the subject property, a plus (+) adjustment is made thus increasing the indicated value of the subject. For the Market Data Analysis See grid below See narrative attachment SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 Address Proximity to Subject Sales Price $$$$ Price /$$$$ Data Source +(-)$+(-)$+(-)$Date of Sale and DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTIONAdjustmentAdjustment Adjustment Time Adjustment Location Site/View Sales or Financing Concessions Net Adj.(Total)Plus Minus $Plus Minus $Plus Minus $ Indicated ValueMARKET DATA ANALYSISof Subject $$$ Comments on Market Data Comments and Conditions of Appraisal: Final Reconciliation:RECONCILIATIONI ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF to be $ NL - Land 5/2007 This form may be reproduced unmodified without written permission, however, Bradford Technologies, Inc. must be acknowledged and credited. Page of Sol Appraisals 120123 ROBERT JAMES 0061.00 45-43-21 NW 11TH AVE BOYNTON BEACH Palm Beach FL 33435 CHERRY HILLS LTS 348 TO 350 INC 0 X 611 (2022) ROBERT JAMES Vacant Scott Eric Rubin To ascertain the subject's current estimated market value. ROBERT JAMES To ascertain the subject's current estimated market value. X X X X X X 70 10 5 10 2 2 1 X X 170,000 492,000 350,000 1 83 51 X X X X X X X X X X X X The subject property is located within an established neighborhood. It is within close proximity to community services including schools, transportation, parks, shopping and places of worship. Fire and police protection are adequate. 102x75 7636 sf R2/R3 X X Building X X X Muncipal Muncipal Muncipal X Asphalt X X X X X Typically Level 7636 SqFt Rectangular Residential Adequate X No apparent adverse easements, encroachments, special assesments or illiegal uses were present at the time of inspection. No non-conforming zoning was observed. X NW 11TH AVE BOYNTON BEACH, FL 33435 0 0 Tax Roll/Realist Average 7636 sf 502 NW 13TH AVE BOYNTON BEACH, FL 33435 0.18 miles NW 170,000 16 MLS/Tax Roll/Realist 10/31/2022 +40,000 Average 10890 sf -45,000 X -5,000 165,000 530 NW 12TH AVE BOYNTON BEACH, FL 33435 0.22 miles W 122,000 31 MLS/Tax Roll/Realist 08/17/2023 Average 3920 sf +50,000 X 50,000 172,000 1084 HIGHLAND RD LAKE WORTH, FL 33462 1.60 miles N 100,000 25 MLS/Tax Roll/Realist 10/11/2023 Average 4003 sf +50,000 X 50,000 150,000 The appraiser has conducted a search of the subject's market neighborhood for properties most similar to the subject. Several sales were found and those selected best represent the current market in the subject's neighborhood, as of the date of inspection. Due to the lack of similar vacant land sales that sold within 1 year, it was necessary to utilize sale one. This sale is the most similar sale to the subject. Sale one was awarded an upward time adjustment since property values are towards increasing within the subject's neighborhood. The appraiser observed other lower vacant land sales, but they auctioned sales and sold over 1 year ago. I have not performed other services regarding the property that is the subject of the work under review within the three-year period immediately preceding acceptance of this assignment. This appraisal was ordered in compliance with Dodd Frank, Appraisal Independence AIR and Mortgagee Letter 2009-28. All sales were considered with most weight awarded to adjusted sale one since it required the least amount of gross adjustments when determining the subject's estimated market value. The subject's estimated market value is supported by the range of sales, before and after adjustments. The subject's estimated market value is $165,000. 12/01/2023 165,000 1 7 235 Produced by ClickFORMS Software 800-622-8727 File No. This appraisal report is subject to the scope of work, intended use, intended user, definition of market value, statement of assumptions and limiting conditions, and certifications. The appraiser may expand the scope of work to include any additional research or analysis necessary based on the complexity of this appraisal assignment. SCOPE OF WORK:The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal report form, including the following definition of market value, statement of assumptions and limiting conditions, and certifications. The appraiser must, at a minimum: (1) perform a complete visual inspection of the subject property, (2) inspect the neighborhood, (3) inspect each of the comparable sales from at least the street, (4) research, verify, and analyze data from reliable public and/or private sources, and (5) report his or her analysis, opinions, and conclusions in this appraisal report. DEFINITION OF MARKET VALUE:The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he or she considers his or her own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS:The appraiser's certification in this report is subject to the following assumptions and limiting conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it, except for information that he or she became aware of during the research involved in performing this appraisal. The appraiser assumes that the title is good and marketable and will not render any opinions about the title. 2. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in this appraisal report whether any portion of the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 3. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand, or as otherwise required by law. 4. The appraiser has noted in this appraisal report any adverse conditions (such as the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the research involved in performing this appraisal. Unless otherwise stated in this appraisal report, the appraiser has no knowledge of any hidden or unapparent deficiencies or adverse conditions of the property (such as, but not limited to, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) that would make the property less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, this appraisal report must not be considered as an environmental assessment of the property. NL - Land Certification 5/2007 This form may be reproduced unmodified without written permission, however, Bradford Technologies, Inc. must be acknowledged and credited. Page of Sol Appraisals 120123 2 7 236 Produced by ClickFORMS Software 800-622-8727 File No. APPRAISER'S CERTIFICATION:The Appraiser certifies and agrees that: 1. I have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in this appraisal report. 3. I performed this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 4. I developed my opinion of the market value of the real property that is the subject of this report based on the sales comparison approach to value. I have adequate comparable market data to develop a reliable sales comparison approach for this appraisal assignment. I further certify that I considered the cost and income approaches to value but did not develop them, unless otherwise indicated in this report. 5. I researched, verified, analyzed, and reported on any current agreement for sale for the subject property, any offering for sale of the subject property in the twelve months prior to the effective date of this appraisal, and the prior sales of the subject property for a minimum of three years prior to the effective date of this appraisal, unless otherwise indicated in this report. 6. I researched, verified, analyzed, and reported on the prior sales of the comparable sales for a minimum of one year prior to the date of sale of the comparable sale, unless otherwise indicated in this report. 7. I selected and used comparable sales that are locationally, physically, and functionally the most similar to the subject property. 8. I have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject property and the comparable sales. 9. I verified, from a disinterested source, all information in this report that was provided by parties who have a financial interest in the sale of the subject property. 10. I have knowledge and experience in appraising this type of property in this market area. 11. I am aware of, and have access to, the necessary and appropriate public and private data sources, such as multiple listing services, tax assessment records, public land records and other such data sources for the area in which the property is located. 12. I obtained the information, estimates, and opinions furnished by other parties and expressed in this appraisal report from reliable sources that I believe to be true and correct. 13. I have taken into consideration the factors that have an impact on value with respect to the subject neighborhood, subject property, and the proximity of the subject property to adverse influences in the development of my opinion of market value. I have noted in this appraisal report any adverse conditions (such as, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) observed during the inspection of the subject property or that I became aware of during the research involved in performing this appraisal. I have considered these adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and marketability of the subject property. 14. I have not knowingly withheld any significant information from this appraisal report and, to the best of my knowledge, all statements and information in this appraisal report are true and correct. 15. I stated in this appraisal report my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the assumptions and limiting conditions in this appraisal report. 16. I have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or opinion of market value in this appraisal report on the race, color, religion, sex, age, marital status, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law. 17. My employment and/or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned on any agreement or understanding, written or otherwise, that I would report (or present analysis supporting) a predetermined specific value, a predetermined minimum value, a range or direction in value, a value that favors the cause of any party, or the attainment of a specific result or occurrence of a specific subsequent event. 18. I personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report. If I relied on significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the preparation of this appraisal report, I have named such individual(s) and disclosed the specific tasks performed in this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in this appraisal report; therefore, any change made to this appraisal is unauthorized and I will take no responsibility for it. 19. I identified the client in this appraisal report who is the individual, organization, or agent for the organization that ordered and will receive this appraisal report. Page of 2. I performed a complete visual inspection of the subject property. 20. I am aware that any disclosure or distribution of this appraisal report by me or the client may be subject to certain laws and regulations. Further, I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to disclosure or distribution by me. NL - Land Certification 5/2007 This form may be reproduced unmodified without written permission, however, Bradford Technologies, Inc. must be acknowledged and credited. Sol Appraisals 120123 3 7 237 Produced by ClickFORMS Software 800-622-8727 File No. 21. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. SUPERVISORY APPRAISER'S CERTIFICATION:The Supervisory Appraiser certifies and agrees that: 1. I directly supervised the appraiser for this appraisal assignment, have read the appraisal report, and agree with the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 2. I accept full responsibility for the contents of this appraisal report including, but not limited to, the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 3. The appraiser identified in this appraisal report is either a sub-contractor or an employee of the supervisory appraiser (or the appraisal firm), is qualified to perform this appraisal, and is acceptable to perform this appraisal under the applicable state law. 4. This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 5. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. APPRAISER SUPERVISORY APPRAISER (ONLY IF REQUIRED) Signature Signature Name Name Company Name Company Name Company Address Company Address Telephone Number Telephone Number Email Address Email Address Date of Signature and Report Date of Signature Effective Date of Appraisal State Certification # State Certification #or State License # or State License #State or Other (describe)State #Expiration Date of Certification or License State Expiration Date of Certification or License SUBJECT PROPERTY ADDRESS OF PROPERTY APPRAISED Did not inspect subject property Did inspect exterior of subject property from street Date of Inspection APPRAISED VALUE OF SUBJECT PROPERTY $Did inspect interior and exterior of subject property CLIENT Date of Inspection Name Company Name COMPARABLE SALES Company Address Did not inspect exterior of comparable sales from street Did inspect exterior of comparable sales from street Email Address Date of Inspection Page of NL - Land Certification 5/2007 This form may be reproduced unmodified without written permission, however, Bradford Technologies, Inc. must be acknowledged and credited. Sol Appraisals 120123 Scott Eric Rubin Sol Appraisals 12631 Yardley Drive Boca Raton, FL 33428 (954) 695-3351 flyytrap@netscape.net 12/04/2023 12/01/2023 Cert Res RD7483 FL 11/30/2024 NW 11TH AVE BOYNTON BEACH, FL 33435 165,000 ROBERT JAMES 4 7 238 Produced by ClickFORMS Software 800-622-8727 File No.LOCATION MAP ADDENDUM Borrower Property Address City County State Zip Code Lender/Client Address Page of Sol Appraisals 120123 NW 11TH AVE BOYNTON BEACH Palm Beach FL 33435 ROBERT JAMES 5 7 239 Produced by ClickFORMS Software 800-622-8727 File No.LOCATION MAP ADDENDUM Borrower Property Address City County State Zip Code Lender/Client Address Page of Sol Appraisals 120123 NW 11TH AVE BOYNTON BEACH Palm Beach FL 33435 ROBERT JAMES 6 7 240 Produced by ClickFORMS Software 800-622-8727 File No. Borrower Property Address City County State Zip Code Lender/Client Address Page of Sol Appraisals 120123 NW 11TH AVE BOYNTON BEACH Palm Beach FL 33435 ROBERT JAMES 7 7 241 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 CONSENT AGENDA AGENDA ITEM 11.D SUBJECT: Approval of the Commercial Property Improvement Grant Program in the Amount of $28,525 to Gillion & Co. Inc. located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 107 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 up to a maximum amount of $10,000. CRA staff has received a complete grant application from Gillion & Co. Inc. located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 107, Boynton Beach, FL 33435 (see Attachments I-II). Gillion & Co. Inc. will provide a professional office space for Ms. Gillion to provide the following services: preparing personal or business federal/state tax returns, workshops, and various real estate services. Ms. Gillion is a Licensed Real Estate Profession (Broker), a Licensed Real Estate Instructor for over seven years, a Florida paralegal with over 22 years experiences, and a registered Tax Preparer for over 16 years. With Ms. Gillion's years of experience, she has the ability and knowledge to assist clients with tax returns, provide first time home buying workshops, assist business startups, provide real estate exam prep tutoring and help buyers and sellers with their various real estate needs. As a professional office of a commercial property, the applicant falls under the terms of a Tier II business as outlined in the grant application. The applicant is seeking reimbursement for a complete interior build-out. The total cost of eligible property improvements is approximately $91,716.42 (see Attachment III). The associated design fees total $7,050 (see Attachment IV). The Heart of Boynton Shops is a CRA funded project formally known as Wells Landing LLC d/b/a The Heart of Boynton Village Apartments & Shops which includes several development funding agreements to help offset the build-out costs for the 8,250 square feet of commercial space included in the project (see Attachments V-VII). Due to the funding provided in these 242 •Attachment I - Commercial Property Improvement Grant Application •Attachment II - Location Map •Attachment III - Project Quote •Attachment IV - Design Fees •Attachment V - Development Agreement •Attachment VI - First Amendment to the Development Agreement •Attachment VII - Second Amendment to the Development Agreement •Attachment VIII - Project Funding Breakdown separate agreements, Gillion & Co. Inc. is responsible for the balance of the build-out which totals approximately $46,232.17 (see Attachment VIII). If approved, the applicant is eligible to receive a maximum grant of $25,000 in reimbursable funding for the property improvements which includes 20% contingency and an additional $3,525 in reimbursable funding for the design fees 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 or approval. FISCAL IMPACT: FY 2023-2024 Budget Project Fund, Line Item 02-58400-444, $25,000 for Property Improvements and $3,525 for Design 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 $28,525 to Gillion & Co. Inc. located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 107, Boynton Beach, FL 33435. ATTACHMENTS: Description 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 1/23/24, 9:36 AM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528480060000 1/1  View Property Record Owners WELLS LANDING APARTMENTS LLC Property Detail Location 137 E MARTIN LUTHER KING JR BLVD Municipality BOYNTON BEACH Parcel No.08434521240000010 Subdivision MEEKS ADD TO BOYNTON IN Book 31005 Page 1515 Sale Date NOV-2019 Mailing Address 7735 NW 146TH ST STE 306 HIALEAH FL 33016 1583 Use Type 1000 - VACANT COMMERCIAL Total Square Feet 0 Sales Information Sales Date Price NOV-2019 10 DEC-2009 105455 MAY-2004 10 APR-2004 0 FEB-1983 100 Appraisals Tax Year 2023 Improvement Value $18,786 Land Value $609,989 Total Market Value $628,775 All values are as of January 1st each year Assessed/Taxable values Tax Year 2023 Assessed Value $467,182 Exemption Amount $0 Taxable Value $467,182 Taxes Tax Year 2023 Ad Valorem $10,505 Non Ad Valorem $0 Total tax $10,505 Search by Owner, Address or Parcel 263 RS Construction of Dade, Inc.Date 10/5/2023 CGC 040308 7735 NW 146th Street, Suite 306 Miami Lakes, FL 33016 305-821-0330 Proposal For: WORK TO UNIT 107 Gillion & Co. 137 NE 10th Avenue - Unit 107 Boynton Beach , Florida 33435 Scope of Work All Labor & Materials for the Interior Built - Out for Unit #107 according to plans by Executive Design Consultants Inc date signed 3/3/2023 & TYG Consulting Engineering LLC date signed 2/28/2023 & Energy Calculation date signed 2/28/2023 Schedule of Value Drywall & Drywall Finish $ 12,650.00 Insulation $ 2,710.00 Doors & Hardware $ 3,882.00 Painting $ 2,000.00 Flooring Tile $ 9,750.00 HVAC - Mechanical & Ventilation $ 18,900.00 Plumbing & Plumbing Fixtures $ 3,815.00 Fire Sprinklers $ 4,875.00 Fire Alarm $ 2,000.00 Electrical & Light Fixtures $ 18,996.00 Specialties - Handicap Requirements In Bathrooms $ 275.00 Rough & Final Cleaning $ 600.00 Subtotal $ 80,453.00 GC FEE - 14 % $ 11,263.42 TOTAL CONSTRUCTION COST $ 91,716.42 This proposal includes all fees, materials, labor, over head & profit until we received the final permit set . Proposal 264 1 Sub Total 7,050.00 Total $7,050.00 Payment Made (-) 7,050.00 Balance Due $0.00 Invoice Date :06 Jul 2022 Terms :Due on Receipt Due Date :06 Jul 2022 Executive Designs P.O. Box 223272 West Palm Beach Florida 33422 U.S.A INVOICE # 22-620 Balance Due $0.00 Bill To Silvia Gillion 119 W. MLK Jr. Blvd Unit# 107 Boynton Beach Florida U.S.A #Item & Description Qty Rate Discount Amount 1 New Commercial Design 1. New Commercial Build-out for New Restaurant. 2. Plans to include: Floor Plan, Seating Plan, Reflected Ceiling Plan, Life-Safety Plan. Mechanical (Hvac, Power, and Plumbing Plan shall be done by Mechanical Company). 3. Hood Plans / Interior design separate from architectural plans shall be provided by Other(s). **These Plans shall be plans needed for Interior Build-Out of existing newly constructed building. Not responsible for building design and/or building specs not included in original building design. (i.e. Gas Lines in to building structure) 1.00 New Construct ion, Addition, Remodel, Asbuilts 8,000.00 2,750.00 5,250.00 2 Mechanical Plan & Energy Calcs Commercial M.E.P Doesn’t include Fire Design 1.00 1,750.00 0.00 1,750.00 3 Credit Card Fee 1.00 50.00 0.00 50.00 Notes 265 2 Thank You for entrusting Executive Designs with this Project!! For Any Questions feel free to email me or call me. Email: TheExecutiveCorp@hotmail.com Phone: 561-507-8620 Thanks for your business. Terms & Conditions **Note:** Designer of Record (Johnathan Embry) is not responsible for any pre-existing conditions. New layouts that are not provided and approved by designer will be solely based on owner and/or Licensed contractor. Asbuilts should be updated according to plan. All expedited plans shall incur a fee pending designer. Any changes done outside of plan so incur a fee. All revisions are covered under final payment, although all changes that were done outside of plans shall incur additional fees. Payment is as follows: Upon initial meeting for measuring, project approval etc. 1/2 of payment will be required in order to begin project, unless otherwise discussed. Late Payment fees are incurred 24 hours after plans have been completed and handed over to customer. Checks are to be made to Johnathan Embry and other forms of payment such as card, may require a fee for usage. If payment does not go through, all bank charges in reference to bounced check will be the sole responsibility of the client or payee. Fees may be added depending outcome and occurrence. Typical turn around for each commercial project will be 3-4 months unless otherwise discussed. Certain situations requires expediting, in such case(s) there will be an additional Expedited fee only when discussed with client. 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 RS Construction of Dade, Inc.Date 10/5/2023 CGC 040308 7735 NW 146th Street, Suite 306 Miami Lakes, FL 33016 305-821-0330 Proposal For: WORK TO UNIT 107 Gillion & Co. 137 NE 10th Avenue - Unit 107 Boynton Beach , Florida 33435 Scope of Work All Labor & Materials for the Interior Built - Out for Unit #107 according to plans by Executive Design Consultants Inc date signed 3/3/2023 & TYG Consulting Engineering LLC date signed 2/28/2023 & Energy Calculation date signed 2/28/2023 Schedule of Value Drywall & Drywall Finish $ 12,650.00 Insulation $ 2,710.00 Doors & Hardware $ 3,882.00 Painting $ 2,000.00 Flooring Tile $ 9,750.00 HVAC - Mechanical & Ventilation $ 18,900.00 Plumbing & Plumbing Fixtures $ 3,815.00 Fire Sprinklers $ 4,875.00 Fire Alarm $ 2,000.00 Electrical & Light Fixtures $ 18,996.00 Specialties - Handicap Requirements In Bathrooms $ 275.00 Rough & Final Cleaning $ 600.00 Subtotal $ 80,453.00 GC FEE - 14 % $ 11,263.42 TOTAL CONSTRUCTION COST $ 91,716.42 This proposal includes all fees, materials, labor, over head & profit until we received the final permit set . CRA Development Agreement Contributions for MEPs $ (51,714.29) CMC Developer Credit $ (7,142.86) Subtotal $ 44,122.69 Estimated Permit Fees $ 2,109.48 Total Buildout Costs to Tenant $ 46,232.17 CRA Grant 50% Reimbursement $ 23,116.08 Plus 20% Contingency $ 4,623.22 CRA Maximum Grant Request $ 25,000.00 Proposal 296 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 CONSENT AGENDA AGENDA ITEM 11.E SUBJECT: Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $12,036 to Gillion & Co. Inc. located in the Heart of Boynton Shops at 137 NW 10th Avenue Unit 107 SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from Gillion & Co. Inc. located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 107, Boynton Beach, FL 33435 (see Attachments I-II). Gillion & Co. Inc. will provide a professional office space for Ms. Gillion to provide the following services: preparing personal or business federal/state tax returns and various real estate services. Ms. Gillion is a Licensed Real Estate Profession (Broker), a Licensed Real Estate Instructor for over seven years, a Florida paralegal with over 22 years experiences, and a registered Tax Preparer for over 16 years. With Ms. Gillion's years of experience, she has the ability and knowledge to assist clients with tax returns, provide first time home buying workshops, assist business startups, provide real estate exam prep tutoring and help buyers and sellers with their various real estate needs. As a professional office, Gillion & Co. Inc will employ a receptionist, licensed real estate agents and registered tax preparers varying from full-time to part-time positions and also commission based positions. Under the terms of their Landlord-Tenant Lease Agreement, the base rent plus CAM to be paid by the applicant is $2,005.86 per month (see Attachment III). Gillion & Co. Inc. qualifies as a Tier II business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $1,750 per month for a 12-month period, whichever is less. If approved, Gillion & Co. Inc. would be reimbursed in the amount of $1,003 per month for a period of 12 months or a total grant amount of $12,036 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: 297 •Attachment I - Commercial Rent Reimbursement Grant Application •Attachment II - Location Map •Attachment III - Lease FY 2023-2024 Budget, Project Fund, Line Item 02-58400-444, $12,036 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $12,036 to Gillion & Co. Inc. located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 107, Boynton Beach, FL 33435. ATTACHMENTS: Description 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 1/23/24, 9:36 AM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528480060000 1/1  View Property Record Owners WELLS LANDING APARTMENTS LLC Property Detail Location 137 E MARTIN LUTHER KING JR BLVD Municipality BOYNTON BEACH Parcel No.08434521240000010 Subdivision MEEKS ADD TO BOYNTON IN Book 31005 Page 1515 Sale Date NOV-2019 Mailing Address 7735 NW 146TH ST STE 306 HIALEAH FL 33016 1583 Use Type 1000 - VACANT COMMERCIAL Total Square Feet 0 Sales Information Sales Date Price NOV-2019 10 DEC-2009 105455 MAY-2004 10 APR-2004 0 FEB-1983 100 Appraisals Tax Year 2023 Improvement Value $18,786 Land Value $609,989 Total Market Value $628,775 All values are as of January 1st each year Assessed/Taxable values Tax Year 2023 Assessed Value $467,182 Exemption Amount $0 Taxable Value $467,182 Taxes Tax Year 2023 Ad Valorem $10,505 Non Ad Valorem $0 Total tax $10,505 Search by Owner, Address or Parcel 314 315 316 317 318 319 320 321 322 323 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 CONSENT AGENDA AGENDA ITEM 11.F SUBJECT: Approval of the Commercial Property Improvement Grant Program in the Amount of $27,625 to Agape Health & Wellness LLC located in Heart of Boynton Shops located at 137 NW 10th Avenue, Unit 102 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 up to a maximum amount of $10,000. CRA staff has received a complete grant application from Agape Health & Wellness LLC located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 102, Boynton Beach, FL 33435 (see Attachments I-II). Agape Health & Wellness will serve the therapeutic, social and recreational needs of the community by providing multi-modal services to help individuals manage their psychological & emotional challenges, increase mental health awareness, promote help-seeking behaviors, encourage authenticity, self-empowerment, community building and improve individual overall well-being. Agape Health & Wellness offers a wide variety of mental health counseling programs and services including: individual, family, and group therapy. Dr. Milhomme holds a Doctorate in Psychology and Master's Degree in Social Work and uses a combination of approaches in her work with clients including trauma- informed therapy, play therapy, cognitive behavioral therapy, emotion regulation therapy and mindfulness. Her goal is to help clients learn how to articulate their emotional pain, manage their stressors, find balance and achieve healthier/happier living. As a professional office of a commercial property, the applicant falls under the terms of a Tier II business as outlined in the grant application. The applicant is seeking reimbursement for a complete interior build-out. The total cost of eligible property improvements is approximately $101,543.22 (see Attachment III). The associated design fees total $5,250 (see Attachment IV). 324 •Attachment I - Commercial Property Improvement Grant Application •Attachment II - Location Map •Attachment III - Project Quote •Attachment IV - Design Costs •Attachment V - Development Agreement •Attachment VI - First Amendment to the Development Agreement •Attachment VII - Second Amendment to the Development Agreement •Attachment VIII - Final Project Costs The Heart of Boynton Shops is a CRA funded project formally known as Wells Landing LLC d/b/a The Heart of Boynton Village Apartments & Shops which includes several development funding agreements to help offset the build-out costs for the 8,250 square feet of commercial space included in the project (see Attachments V-VII). Due to the funding provided in these separate agreements, Agape Health & Wellness LLC is responsible for the balance of the build-out which totals approximately $45,486.07 (see Attachment VIII). If approved, the applicant is eligible to receive a maximum grant of $25,000 in reimbursable funding for the property improvements which includes 20% contingency and an additional $2,625 in reimbursable funding for the design fees 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 or approval. FISCAL IMPACT: FY 2023-2024 Budget Project Fund, Line Item 02-58400-444, $25,000 for Property Improvements and $2,625 for Design 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 $27,625 to Agape Health & Wellness LLC located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 102, Boynton Beach, FL 33435. ATTACHMENTS: Description 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 1/23/24, 9:36 AM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528480060000 1/1  View Property Record Owners WELLS LANDING APARTMENTS LLC Property Detail Location 137 E MARTIN LUTHER KING JR BLVD Municipality BOYNTON BEACH Parcel No.08434521240000010 Subdivision MEEKS ADD TO BOYNTON IN Book 31005 Page 1515 Sale Date NOV-2019 Mailing Address 7735 NW 146TH ST STE 306 HIALEAH FL 33016 1583 Use Type 1000 - VACANT COMMERCIAL Total Square Feet 0 Sales Information Sales Date Price NOV-2019 10 DEC-2009 105455 MAY-2004 10 APR-2004 0 FEB-1983 100 Appraisals Tax Year 2023 Improvement Value $18,786 Land Value $609,989 Total Market Value $628,775 All values are as of January 1st each year Assessed/Taxable values Tax Year 2023 Assessed Value $467,182 Exemption Amount $0 Taxable Value $467,182 Taxes Tax Year 2023 Ad Valorem $10,505 Non Ad Valorem $0 Total tax $10,505 Search by Owner, Address or Parcel 345 RS Construction of Dade, Inc.Date 10/15/2023 CGC 040308 7735 NW 146th Street, Suite 306 Miami Lakes, FL 33016 305-821-0330 Proposal For: WORK TO UNIT 102 AGAPE HEALTH & WELLINESS 137 NE 10th Avenue - Unit 102 Boynton Beach , Florida 33125 Scope of Work All Labor & Materials for the Interior Built - Out for Unit #102 according to plans by Architek Design Studio date signed 11/6/2023 & B.K. Engineering Corp. Group date signed 11/6/2023 & Energy Calculation date signed 11/6/2023 Schedule of Value Drywall & Drywall Finish $ 18,650.00 Insulation $ 1,875.00 Doors & Hardware $ 3,425.00 Painting $ 2,700.00 Flooring Tile $ 9,750.00 HVAC - Mechanical & Ventilation $ 18,900.00 Plumbing & Plumbing Fixtures $ 4,680.00 Fire Sprinklers $ 3,750.00 Fire Alarm $ 2,000.00 Electrical & Light Fixtures $ 22,468.00 Light Fixtures $ 2,875.00 Specialties - Handicap Requirements In Bathrooms $ 275.00 Rough & Final Cleaning $ 600.00 Subtotal $ 89,073.00 GC FEE - 14 % $ 12,470.22 TOTAL CONSTRUCTION COST $ 101,543.22 Proposal 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 RS Construction of Dade, Inc.Date 10/15/2023 CGC 040308 7735 NW 146th Street, Suite 306 Miami Lakes, FL 33016 305-821-0330 Proposal For: WORK TO UNIT 102 AGAPE HEALTH & WELLINESS 137 NE 10th Avenue - Unit 102 Boynton Beach , Florida 33125 Scope of Work All Labor & Materials for the Interior Built - Out for Unit #102 according to plans by Architek Design Studio date signed 11/6/2023 & B.K. Engineering Corp. Group date signed 11/6/2023 & Energy Calculation date signed 11/6/2023 Schedule of Value Drywall & Drywall Finish $ 18,650.00 Insulation $ 1,875.00 Doors & Hardware $ 3,425.00 Painting $ 2,700.00 Flooring Tile $ 9,750.00 HVAC - Mechanical & Ventilation $ 18,900.00 Plumbing & Plumbing Fixtures $ 4,680.00 Fire Sprinklers $ 3,750.00 Fire Alarm $ 2,000.00 Electrical & Light Fixtures $ 22,468.00 Light Fixtures $ 2,875.00 Specialties - Handicap Requirements In Bathrooms $ 275.00 Rough & Final Cleaning $ 600.00 Subtotal $ 89,073.00 GC FEE - 14 % $ 12,470.22 TOTAL CONSTRUCTION COST $ 101,543.22 CRA Development Agreement Contribution for MEPs $ (51,714.29) CMC Developer Credit $ (7,142.86) Subtotal $ 42,686.07 Est. Permit Fees $ 2,800.00 Total Build Out Cost to Tenant $ 45,486.07 CRA Grant 50% Reimbursement $ 22,743.04 Estimated Final Out of Pocket Expenses $ 22,743.04 Plus 20% Contingency $ 4,548.61 Final Grant Request $ 25,000.00 This proposal includes all fees, materials, labor, over head & profit until we received the final permit set . Proposal 380 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 CONSENT AGENDA AGENDA ITEM 11.G SUBJECT: Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $14,149 to Agape Health & Wellness LLC located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 102 SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from Agape Health & Wellness LLC located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 102, Boynton Beach, FL 33435 (see Attachments I-II). Agape Health & Wellness will serve the therapeutic, social and recreational needs of the community by providing multi-modal services to help individuals manage their psychological & emotional challenges, increase mental health awareness, promote help-seeking behaviors, encourage authenticity, self-empowerment, community building and improve individual overall well-being. Agape Health & Wellness offers a wide variety of mental health counseling programs and services including: individual, family, and group therapy. Dr. Milhomme holds a Doctorate in Psychology and Master's Degree in Social Work and uses a combination of approaches in her work with clients including trauma- informed therapy, play therapy, cognitive behavioral therapy, emotion regulation therapy and mindfulness. Her goal is to help clients learn how to articulate their emotional pain, manage their stressors, find balance and achieve healthier/happier living. As a professional office, Agape Health & Wellness LLC will employ several team members ranging from mental health therapist, art therapist, dance therapist, music therapist, wellness instructor, pottery instructor and jewelry making instructor. Under the terms of their proposed Landlord-Tenant Lease Agreement, the base rent plus CAM to be paid by the applicant is $2,358.12 per month (see Attachment III). Agape Health & Wellness LLC qualifies as a Tier II business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $1,750 per month for a 12-month period, whichever is less. Per the grant application, proposed leases must be executed within 30 days of Board approval. 381 •Attachment I - Commercial Rent Reimbursement Grant Application •Attachment II - Location Map •Attachment III - Lease If approved, Agape Health & Wellness LLC would be reimbursed in the amount of $1,180 for the first month and $1,179 for the remaining 11 months or a total grant amount of $14,149 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY 2023-2024 Budget, Project Fund, Line Item 02-58400-444, $14,149. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $14,149 to Agape Health & Wellness LLC located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 102, Boynton Beach, FL 33435. ATTACHMENTS: Description 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 1/23/24, 9:39 AM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528480060000 1/1  View Property Record Owners WELLS LANDING APARTMENTS LLC Property Detail Location 137 E MARTIN LUTHER KING JR BLVD Municipality BOYNTON BEACH Parcel No.08434521240000010 Subdivision MEEKS ADD TO BOYNTON IN Book 31005 Page 1515 Sale Date NOV-2019 Mailing Address 7735 NW 146TH ST STE 306 HIALEAH FL 33016 1583 Use Type 1000 - VACANT COMMERCIAL Total Square Feet 0 Sales Information Sales Date Price NOV-2019 10 DEC-2009 105455 MAY-2004 10 APR-2004 0 FEB-1983 100 Appraisals Tax Year 2023 Improvement Value $18,786 Land Value $609,989 Total Market Value $628,775 All values are as of January 1st each year Assessed/Taxable values Tax Year 2023 Assessed Value $467,182 Exemption Amount $0 Taxable Value $467,182 Taxes Tax Year 2023 Ad Valorem $10,505 Non Ad Valorem $0 Total tax $10,505 Search by Owner, Address or Parcel 398 01623870-1 1 BUSINESS LEASE This AGREEMENT of Lease (this “Lease”), is entered into this date Day of , 2023 between Wells Landing Apartments LLC d/b/a The Heart of Boynton Shops (hereinafter called the “Lessor” or the “Landlord”), and Agape Health & Wellness LLC (hereinafter called the “Lessee” or “Tenant”). WITNESSETH, that the said Lessor does this day Lease unto said Lessee and said Lessee does hereby hire and take as Tenant approximately: Square feet of Commercial Space: 1,225 square feet Location: 137 E Martin Luther King Jr. BlvdNE 10th Avenue Suite 102 Boynton Beach, FL 33435 Accepted Use: Used and occupied by the Lessee as a "Mental Health and Therapy Office” and for no other purposes or uses whatsoever. Lease Term: Five (5) years subject and conditioned on the provisions of this lease. The Lease should begin May 1, 2024 and end April 30, 2029. Due to the construction of the retail space, dates may need to be adjusted. Tenant agrees and understands that the move-in date is only an approximate date. (See Schedule below). Total rent payable as follows: Total Rent EACH of the five (5) years is: May 1, 2024 – April 30, 2029: Annual Base Rent: $26,950.00 Monthly Base Rent: Two Thousand Two Hundred Forty-Five Dollars and 83 Cents ($2,245.83) Monthly Sales Tax: One Hundred Fifty-Seven Dollars and 20 Cents ($157.20) Monthly CAM Fee: One Hundred Twelve Dollars and 29 cents ($112.29) Monthly Total: Two Thousand Five Hundred Fifteen Dollars and 32 cents ($2,515.32). In no case shall the total rent described above, plus any additional rent described herein, exceed an amount equal to twenty-two dollars ($22.00) per square foot. This restriction shall remain in effect for the first 5 years, following which such amount may be raised by three percent (3%) per year or by the annual percentage increase in the Consumer Price Index for All Urban Consumers published by the U. S. Bureau of Labor Statistics, whichever is lower, for the next five (5) years. Acceptance of Premises: Tenant accepts premises in “As Is” & “Where Is” condition. Tenant shall be responsible for all expenses associated with the direct operation of the Premises, including but not limited to, electric, water, cleaning, and all utility expenses. Tenant shall be fully responsible for obtaining a Certificate of Occupancy, Certificate of Use, and Business Tax Receipt from City of Boynton Beach and Palm Beach County, as applicable within One Hundred and Twenty (120) days of issuance of a Temporary Certificate of Occupancy for the residential portion of the building. Tenant is responsible for complying with all applicable laws, codes, rules and regulations, including but not limited to county/state/federal fire regulations. Tenant’s failure to comply with the requirements of this paragraph shall be considered a breach of this Lease. Tenant is also responsible for any fees acquired due to the violations. 399 01623870-1 2 Schedule: 1. By no later than October 31, 2023: Tenant shall hire a licensed architect and provide schematic floor plans depicting proposed interior improvements including (as applicable) all partitions, baths with toilet and sink location, kitchen with plumbing and appliance locations. 2. Within 30 days of receipt of approval by Landlord of schematic floor plan: Provide complete construction plans ready for permitting. 3. Within no more than One Hundred and Twenty (120) days of issuance of a Temporary Certificate of Occupancy for the residential portion of the building: Tenant shall obtain a Certificate of Occupancy, Certificate of Use, and Business Tax Receipt from City of Boynton Beach and Palm Beach County, as applicable, at which time rent shall start to accrue. Construction Assistance: Tenant shall receive financial assistance from the Boynton Beach CRA and/or the Landlord subject to the terms and conditions of separate agreement(s). Rules and Regulations governing the use of the property including common areas: In addition to the terms set forth herein, Tenant understands and agrees to comply with certain rules that will be set forth by Landlord to assure safety, sanitation, code compliance, uniformity and cooperation including matters such as: Parking, signage, trash removal, storage of personal property, loitering Tenant Responsibilities: Tenant shall be responsible for all improvements and alterations to interior. Tenant shall obtain all necessary permits and licenses to conduct work. Tenant agrees to pay for the all of the design and construction of build-out including but not limited to electrical, mechanical, plumbing, structural, building, fire and all other trades as applicable to current building codes. Tenant further agrees to hold Landlord harmless for all build-out improvements including any fees/fines required for final approvals. Tenant shall deposit with Landlord a Security Deposit equivalent to Two (2) months rent in the amount set forth below (base rent and CAM) upon signing this lease. In addition, Tenant shall pay the first month’s rent payment of $2,515.32 upon move-in. Rent payments shall commence at the latest within One Hundred and Twenty (120) days of issuance of a Temporary Certificate of Occupancy for the residential portion of the building. SECURITY. Tenant shall deposit with the Landlord the sum of $4,716.24 (concurrently with the execution of this Lease), which sum shall be retained by Landlord as security for the payment by Tenant of the rents herein agreed to be paid by Tenant and for the faithful performance by Tenant of the terms and covenants of this Lease. It is agreed that Landlord, at Landlord’s option, may at any time apply said sum or any part thereof toward the payment of the rents and all other sums payable by Tenant under this Lease, and towards the performance of each and every of Tenant’s covenants under this Lease, but such covenants and Tenant’s liability under this Lease shall thereby be discharged only pro tanto; that Tenant shall remain liable for any amounts that such sum shall be insufficient to pay; that Landlord may exhaust any or all rights and remedies against Tenant before resorting to said sum, but nothing herein contained shall require or be deemed to require Landlord so to do; that, in the event this deposit shall not be utilized for any such purposes, then such deposit shall be returned by Landlord to Tenant within ten (10) days next after the expiration of the term of this Lease. Landlord shall not be required to pay Tenant any interest on said security deposit. The Landlord can take from the deposit to pay the violations and the tenant is responsible to reimburse the security deposit within 30 days. Rent shall be due and payable the first of each month. An additional rent late charge of ten (10%) percent shall be assessed for each month’s rent that is five (5) days past due. 400 01623870-1 3 All payment to be made to the Lessor on the first day of each and every month in advance without demand at the office of the lessor at 7735 NW 146 Street Suite #306 Miami Lakes, FL 33016 or at such other place and to such other person, as the Lessor may from time to time designate in writing. The following express stipulations and conditions are made a part of this Lease and are hereby agreed to by the Lessee: 1. ASSIGNMENT. Tenant shall not assign, transfer, sublease, mortgage, pledge or otherwise encumber the demised premises or any part thereof without the express, written consent of Landlord first obtained; provided, however, that Landlord’s consent shall not be unreasonably withheld. In the event of any assignment, transfer or sublease by Tenant, Tenant shall remain liable for the full performance of each and every covenant and condition hereunder. Landlord’s approval of any subtenant or assignee is conditioned upon there being no additional compliance required with all laws, rules and regulations of any governmental authority required of either the Landlord or the Tenant and such approval shall create no responsibility or liability on the part of the Landlord for any non-compliance with laws, rules and regulations of any governmental authority. 2. TENANT COMPLIANCE. Tenant, at Tenant’s sole expense, shall comply with all laws, rules, orders, ordinances, directions, regulations and requirements of federal, state county and municipal authorities now in force or which may hereafter be in force, which shall impose any duty upon the Landlord or Tenant with respect to the use, occupation or alteration of the premises, and the Tenant shall use all reasonable efforts to fully comply with the Americans with Disability Act. Tenant agrees to pay tenant’s pro-rata share of Landlord’s capital expenditures required under any governmental law, rule or regulation that was not applicable to the building at the time it was originally constructed. Landlord, to its best knowledge, is currently complaint with all governing codes and regulations. 3. FIRE. In the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the life of this Lease, whereby the same shall be rendered untenantable, then the Lessor shall have the right to render said premises tenantable by repairs within ninety (90) days therefrom. If said premises are not rendered tenantable within said time, it shall be optional with either party hereto to cancel this Lease, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing. Tenant shall not be liable for rent during the time the premises are rendered untenantable. 4. PROMPT PAYMENT. The prompt payment of the rent for said premises upon the dates named, and the faithful observance of the conditions printed upon this Lease are the conditions upon which the Lease is made and accepted and any failure on the part of the Lessee to comply with the terms of said Lease shall, at the option of the Lessor, work a forfeiture of this Lease and all of the ri ghts of the Lessee hereunder; and the Lessor shall have the right to enter said premises and remove all persons therefrom forcibly or otherwise and the Lessee hereby expressly waives any and all notices required by law to terminate its tenancy and also waives any and all legal proceedings to recover possession of said premises or damages. Landlord may exercise this option if rent is fifteen (15) days past due. 5. ABANDONMENT. In the event the Lessee abandons the premises, the Lessor may, at his option, enter the leased premises, by force or otherwise, without being liable in any way. For the purpose of this section, both parties agree that the premises shall have been deemed abandoned and vacated if: (1) the rent is delinquent, (2) the Lessee has not entered the premises for five, consecutive working days, excluding weekends and holidays, and (3) the Lessee has not notified the Lessor, in writing, of its intention to be away from the premises for vacation or other purpose. Delinquent shall be defined as ten (10) days past due. 6. RIGHT OF ENTRY. The Lessor or any of his agents, shall have the right to enter said premises during all reasonable hours with reasonable notice, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort or preservation thereof or of said building or to exhibit said premises and to put or keep upon the doors or windows thereof a notice ‘FOR RENT” at any time within thirty (30) days before the expiration of this Lease. The right 401 01623870-1 4 of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions, which do not conform to this Lease or to the rules and regulations of the building. 7. ALTERATIONS. Lessee shall make no structural changes, alterations or mechanical improvements whatsoever without first having obtained the written consent of the Lessor which shall not be unreasonably withheld. Any structural improvements and additions to the premises which Lessee might make must comply with such municipal building and zoning code as would be applicable and shall be paid for in cash at time of making thereof, so as not to subject the premises to mechanics lien. If Landlord so elects, Tenant at its cost shall restore the premises to the condition desi gnated by Landlord in its election, before the last day of the term of this Lease or within thirty (30) days after notice of election is given, whichever is earlier. Landlord’s approval of any plans, specifications or work drawings shall create no responsibility or liability on the part of the Landlord for their completeness, design sufficiency or compliance with all laws, rules and regulations of governmental agencies or authorities. 8. INTERIOR. Tenant agrees to keep the interior of said premises, all windows, screens, awnings, doors, including the overhead truck loading doors, interior walls, pipes, electrical fans, machinery, plumbing, electric wiring, and other fixtures and interior appurtenances, in good and substantial repair and clean condition at Tenant’s own expense--fire, windstorm, or other act of God, alone excepted. All glass, both interior and exterior, is at the sole risk of Tenant and Tenant agrees to replace at Tenant’s own expense, any glass broken during the terms of this lease. It is hereby understood and agreed that in the event that there is an air conditioning unit (or units) in the demised premises, the Tenant shall maintain and repair the same during the term of this lease and shall return said unit (or units) to the Landlord at the termination of this lease in good working order, reasonable wear and tear excepted. Tenant shall enter into a maintenance contract with a licensed mechanical contractor for the maintenance of said air conditioning units, and shall provide Landlord with a copy of said maintenance agreement within thirty (30) days of execution of this lease. 9. CHATTELS. The Lessee hereby pledges and assigns to the Lessor all the furniture, fixtures, goods, and chattels of said Lease, which shall or maybe brought or put on said premises as security for the payment of rent herein reserved and the Lessee agrees that the said lien may be enforced by distressed foreclosure or otherwise at the election of the said Lessor and Lessee agrees to pay collection costs. Except the equipment listed in the attached list and/or under lease and owned by third parties. 10. INSURANCE. The Lessee shall, during the term of this Lease, procure at its expense and keep in force the following insurance: 1. Bodily injury and property damage comprehensive public liability insurance with respect to the leased premises for a combined single loss of not less than $1,000,000.00. 2. Fire and extended coverage insurance covering its fixtures and equipment located on the leased premises in an amount not less than ninety (90%) percent of their actual cash value. 3. Workers compensation insurance in accordance with statutory law and employer’s liability insurance with a limit of not less than $100,000.00 per employee and $500,000.00 per occurrence. 4. The replacement of any plate glass damaged or broken from any cause whatsoever in and about the Lease premises shall be the Tenant’s responsibility. Tenant shall, during the entire term hereof, keep in full force and affect a policy of plate glass insurance, covering all plate glass of the Leased Premises, in amounts satisfactory to Landlord. The policy shall name Landlord, and any person, firm, or corporation designated by Landlord and Tenant as insured. 402 01623870-1 5 5. Said insurance shall designate Lessor as additional insured and shall contain a clause that the insurer will not cancel or change the insurance without providing Lessor with at least 30 days’ prior written notice. Proof of said insurance coverage and payment of premium shall be supplied to Lessor on demand. 11. HEIRS AND ASSIGNS. This Lease shall bind the Lessor and its assigns or successors and the heirs, assigns, administrators, legal representatives, executors or successors as the case may be of the Lessee. 12. NOTICE. It is understood and agreed between the parties hereto that written notice by email, certified mail return receipt requested, mailed or delivered to the premises leased hereunder shall constitute sufficient notice to the Lessee and written notice by email, certified mail return receipt requested, mailed or delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this Lease. 13. WAIVER. The rights of the Lessor under this Lease shall be cumulative and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. 14. SIGNS. It is understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereunder shall be first submitted to t he Lessor for approval before installation of same. Tenant shall have the right to install its store sign on the Premises, at its sole cost and expense, in accordance with the code and sign criteria established by the City of Boynton Beach. 15. CHARGES FOR SERVICE. It is understood and agreed between the parties hereto that any charges assessed upon the Tenant by Landlord for services, utilities or for the work done on the premises by order of the Tenant, or otherwise accruing under this Lease, shall be considered as rent due and shall be included in any lien for rent. It is further understood that the Tenant shall, upon demand, pay as additional rent its pro rata share(s) of any sprinkler standby, storm water utility standby, water and/or sewer charges billable to the Landlord for the building(s) of which the demised premises are a part. Landlord represents that, at present, there are no pending charges. 16. PROPERTY TAXES & INSURANCE. The Lessee shall pay as additional rent its proportionate share (100%) of any increases above the 2022 levy in the real property taxes assessed against the demised premises. Similarly, the Lessee shall pay as additional rent its proportionate share (100%) of any increase in the amount of fire and hazard insurance premiums incurred by the Lessor above those paid for 2022. None are expected at this time. 17. BANKRUPTCY. If the Lessee shall become insolvent or if bankruptcy proceedings shall be instituted by or against the Lessee, before the end of this Lease, the Lessor is hereby irrevoca bly authorized to forthwith cancel this Lease, as for a default. 18. SUBORDINATION. Subject to the provisions of Paragraph 33 below, this Lease shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or he reafter placed upon the property and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Tenant’s right to quiet possession of the leased premises shall not be disturbed if Tenant is not in default and so long as Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. In the event of a foreclosure of any such mortgage or the termination of this Lease, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such foreclosure or termination, automatically become the Tenant of such successor in interest without change in the terms or other provisions of this Lease. Upon request by Landlord’s mortgages or such successor in 403 01623870-1 6 interest, Tenant shall execute and deliver, on terms and conditions reasonably acceptable to the parties, an instrument or instruments confirming the attornment herein provided for. Tenant agrees to execute and acknowledge any documents required to effectuate an attornment, subordination, or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Tenant’s failure to execute such documents within ten (10) days after written demand shall constitute a material default by Tenant hereunder or, at Landlord’s option, Landlord shall have the right to execute such documents on behalf of Tenant as Tenant’s attorney-in-fact. Tenant does hereby make, constitute and irrevocably appoint Landlord as Tenant’s attorney-in-fact and in Tenant’s name, place and stead, to execute such documents in accordance with this Section, said appointment to be a power during the term of this Lease coupled with an interest and irrevocable. 19. SURRENDER PREMISES. Lessee hereby accepts the premises in the condition they are in at the beginning of the Lease and agrees to maintain said premises in the same condition, order, a nd repair as they are at the commencement of said term and to return said premises in broom-swept clean and tenantable condition. Tenant shall not be permitted any holdover status upon termination or cancellation of this Lease. 20. WATER DAMAGE. It is expressly agreed and understood by and between the parties to this Lease that all personal property placed or moved in the premises above described shall be at the risk of the Lessee. The Lessor shall not be liable for any damage or injury by water, which may be sustained by the said Tenant or other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct on the part of any other tenant or agents or employees or by reason of the breakage, leakage, obstruction of the water, sewer or soil pipes in or about the said building. 21. RETURN OF PREMISES. At the termination of this Lease, the premises shall be restored to their original condition (subject to improvements and additions remaining at Lessor’s option as described above) and returned to the Lessor in broom-clean condition. 22. UTILITIES. The Tenant will be responsible for making arrangements with the utility company and the phone company for any electricity or phone service and this Lease will begin on the date indicated, whether or not the Tenant has been able to successfully arrange for such services. 23. PARKING. Motor vehicles shall be parked in the area directly in front of the leased bay and not in front of the neighboring bays. Tenant appoints Landlord as its attorne y-in-fact to remove all vehicles which are improperly parked. Disabled, abandoned or improperly registered vehicles shall not be permitted to remain on the parking area for a period longer than 48 hours. Tenant to have the use of all the parking spaces in front of leased premises. 24. TRASH REMOVED. Tenant shall provide for suitable containers for the collection of trash and other waste. Tenant shall secure the removal of the trash and waste at regular and periodic intervals so as to prevent the accumulation of trash in such a manner as to become a nuisance or health hazard. In the event the Tenant permits trash or waste to accumulate in an unsightly fashion, Landlord shall be authorized to remove same at Tenant’s expense. 25. NO OUTSIDE STORAGE. Tenant shall confine all of its activities to the interior portion of the demised premises and shall not conduct activities or store materials in the areas adjacent to the demised premises. The parking area shall be used for parking by employees or visitors only. Tenant shall keep the parking area outside its premises free of any waste, trash, or any other debris. No materials, equipment or any items related to the Tenant’s business may be stored outside the premises overnight, with the exception of commercial trash containers. No pallets, cardboard boxes or any other material shall be stored outside at any time. No chemicals, flammable items, toxic substances, petroleum products or other contaminants shall be allowed in the property at any time. 26. ABANDONED PROPERTY. It is understood and agreed that any merchandise, fixtures, furniture or equipment left in the premises when Tenant vacates shall be deemed to have been abandoned by Tenant and by such abandonment Tenant automatically relinquishes any right of interest therein. 404 01623870-1 7 Landlord is authorized to sell, dispose of or destroy same. 27. ESTOPPEL CERTIFICATE. Tenant, upon request of Landlord or any holders of a mortgage against the fee, shall from time to time deliver or cause to be delivered to Landlord or such mortgagee, within ten (10) days from date of demand, a certificate duly executed and acknowledged in form for recording, without charge, certifying, if true, that this Lease is valid and existing and in full force, effect that Landlord is not in default under any of the terms of this Lease and such other matters as may be required by Landlord or such mortgagee. Tenant further agrees to pay to Landlord, as additional rent, an amount equal to 1/30 of one month’s rent at the monthly rental then obtaining, for each day, if any, in excess often (10) days after such demand that Tenant shall fail to deliver such a certificate as provided for in this clause. 28. HAZARDOUS SUBSTANCES - GENERAL. The term “Hazardous Substances,” as used in this Lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by any “Environmental Law,” which term shall mean any federal, state or local law, ordinance or oth er statute of a governmental or quasigovernmental authority relating to pollution or protection of the environment. Lessee hereby agrees that (i) no activity will be conducted on the premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee’s business activities (the “Permitted Activities”) provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (ii) the premises will not be used in any manner for the storage of any Hazardous Substances except for the tempora ry storage of such materials that are used in the ordinary course of Lessee’s business (the “Permitted Materials”) provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (iii) no portion of the premises will be used as a landfill or a dump; (iv) Lessee will not install any underground tanks of any type; (v) Lessee will not allow any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought into the premises, except for the Permitted Materials described below, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor’s representative shall have the right but not the obligation to enter the premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor’s sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within 24 hours, Lessor shall have the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the premises is found to be so contaminated or subject to said conditions, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee’s sole cost, and Lessee agrees to indemnify and hold Lessor harmless from all claims, demand, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the premises by Lessee. The foregoing indemnification and the responsibilities of Lessee shall survive the termination or expiration of this Lease. 29. LANDLORD’S LIABILITY. The liability of the Landlord (which, for the purposes of this Lease, shall include the Owner of the building if other than the Landlord) to the Tenant for any default by Landlord under the terms of this Lease is limited to the interest of the Landlord in the building, and the Tenant agrees to look solely to the Landlords interest in the building for the recovery of any judgment. 405 01623870-1 8 30. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it overtime. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 31. ATTORNEY’S FEES. If either party becomes a party to any litigation concerning this Lease, the premises, or the building or other improvements in which the premises are located, by reason of any act or omission of the other party or its authorized representatives, and not by any act or omission of the party or its authorized representatives, the party that causes the other party to become involved in the litigation shall be liable to that party for reasonable attorneys’ fees and all costs and expense incurred by it in connection with said litigation including available appeals thereof. 32. WAIVER OF TRIAL BY JURY. Tenant and Landlord hereby knowingly, voluntarily, and intentionally waive the right either may have to a trial by jury in respect to any litigation based thereon, or arising out of, under or in connection with this instrument and any agreement contemplated to be executed in conjunction herewith or any course of conduct, course of dealing, statements (whether verbal or written), or actions of either party. This provision is a material inducement for the Landlord leasing the premises to the Tenant. 33. CONDEMNATION. If any portion of the leased premises or the project are taken under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called “condemnation’), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs; provided that if so much of the premises or project are taken by such condemnation as would substantially and adversely affect the operation and profitability of Tenant’s business conducted from the premises, and said taking lasts for ninety (90) days or more, Tenant shall have the option, to be exercised only in writing within thirty (30) days after Landlord shall have given Tenant written notice of such taking (or in the absence of such notice, within thirty (30) days after the condemning authority shall have taken possession), to terminate this Lease as of the date the condemning authority takes such possession. If a taking lasts for less than ninety (90) days, Tenant’s rent shall be abated during said period but Tenant shall not have the right to terminate this Lease. If Tenant does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the premises remaining, except that the rent shall be reduced to the proportion that the usable floor area of the leased premises taken bears to the total usable floor area of the project. Landlord shall have the option in its sole discretion to terminate this Lease as of the taking of possession by the condemning authority, by giving written notice to Tenant of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the premises or the project. Any award for the taking of all or any part of the premises or the project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, as severance damages, or as damages for tenant improvements; provided, however, that Tenant shall be entitled to any separate award for loss of or damage to Tenant’s trade fixtures and removable personal property and any award available for the relocation of Tenant’s business. In the event that this Lease is not terminated by reason of such condemnation, and subject to the requirements of any lender that has made a loan to Landlord encumbering the project, Landlord shall to the extent of severance damages received by Landlord in connection with such condemnation, repair any damage to the project caused by such condemnation except to the extent that Tenant has been reimbursed therefore by the condemning authority. Tenant shall pay any amount in excess of such severance damages required to complete such repair. Except as set forth in this Section, Landlord shall have no liability to Tenant for interruption of Tenant’s business upon the premises, diminution of Tenant’s ability to use the premises, or other injury or damage sustained by Tenant as a result of such condemnation. 406 01623870-1 9 IN WITNESS WHEREOF, the parties hereto have executed this instrument for the purpose herein expressed, the day and year above written. Signed, sealed and delivered in the presence of: Witness as to Landlord: By: ______________________________________ Date: ____________________________________ Landlord: Wells Landing Apartments LLC d/b/a The Heart of Boynton Shops by Lewis Swezy, Manager of Manager By: ____________________________________ Date: __________________________________ Witness as to Tenant: By: ______________________________________ Date: ____________________________________ Tenant Name: Agape Health and Wellness, LLC By: ____________________________________ Date: __________________________________ GUARANTY IN CONSIDERATION of the letting of the premises herein mentioned to the within named Lessee and the sum of $1.00 paid to the undersigned by the herein named Lessor, the undersigned does hereby covenant and agree, to and with the Lessor and the Lessor's legal representatives and assigns, that if default shall at any time be made by the Lessee in the payment of any rent or the performance of any of the terms, covenants or agreements contained in the within Lease on the Lessee's part to be paid and performed, the undersigned will well and truly pay the said rent, or any arrears thereof that may be due to the Lessor, as well as any damages that may arise in consequence of such non-performance without requiring notice of any default from the Lessor and the undersigned agrees that this Guaranty shall not be affected by reason of the assertion by Lessor against Lessee of any rights or remedies reserved to Lessor in said Lease or be reason of summary or other proceedings against Lessee or by reason of any extension or indulgences granted to Lessee. The undersigned waives trial by jury in any action or proceeding brought by either Lessor or the undersigned against the other on any matters relating to said Lease or this Guaranty. Witness as to Guarantor: By: ______________________________________ Date: ____________________________________ Guarantor Name:_________________________ By: ____________________________________ Date: __________________________________ 407 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 CONSENT AGENDA AGENDA ITEM 11.H SUBJECT: Approval of the Commercial Property Improvement Grant Program in the Amount of $54,400 to Forward Leaders Group, LLC d/b/a Eat Dope Vegan located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 105 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 up to a maximum amount of $10,000. CRA staff has received a complete grant application from Forward Leaders Group, LLC d/b/a Eat Dope Vegan located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 105 Boynton Beach, FL 33435 (see Attachments I-II). Eat Dope Vegan aims to consistently provide a unique experience for customers regardless of where they are on their plant-based journey. They accomplish this by creatively reimagining traditional ingredients to enhance their healthfulness, heartiness and flavor. They believe plant-based eating should be anything by dull - it should be exciting and fun! Their menu features plant-strong hearty comfort burgers jam-packed with flavor, savor and love. As a restaurant of a commercial property, the applicant falls under the terms of a Tier I business as outlined in the grant application. The applicant is seeking reimbursement for a complete interior build-out. The total cost of eligible property improvements is approximately $179,342.52 (see Attachment III). The associated design fees total $8,800 (see Attachment IV). The Heart of Boynton Shops is a CRA funded project formally known as Wells Landing LLC d/b/a The Heart of Boynton Village Apartments & Shops which includes several development funding agreements to help offset the build-out costs for the 8,250 square feet of commercial space included in the project (see Attachments V-VII). Due to the funding provided in these 408 •Attachment I - Commercial Property Improvement Grant Application •Attachment II - Location Map •Attachment III - Project Quote •Attachment IV - Design Fees •Attachment V - Development Agreement •Attachment VI - First Amendment to the Development Agreement •Attachment VII - Second Amendment to the Development Agreement •Attachment VIII - Project Quote Breakdown separate agreements, Eat Dope Vegan is responsible for the balance of the build-out which totals approximately $123,256.53 (see Attachment VIII). If approved, the applicant is eligible to receive a maximum grant of $50,000 in reimbursable funding for the property improvements and an additional $4,400 in reimbursable funding for the design fees 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 or approval. FISCAL IMPACT: FY 2023-2024 Budget Project Fund, Line Item 02-58400-444, $50,000 for Property Improvements and $4,400 for Design 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 $54,400 to Forward Leaders Group, LLC d/b/a Eat Dope Vegan located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 105, Boynton Beach, FL 33435. ATTACHMENTS: Description 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 1/23/24, 9:36 AM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528480060000 1/1  View Property Record Owners WELLS LANDING APARTMENTS LLC Property Detail Location 137 E MARTIN LUTHER KING JR BLVD Municipality BOYNTON BEACH Parcel No.08434521240000010 Subdivision MEEKS ADD TO BOYNTON IN Book 31005 Page 1515 Sale Date NOV-2019 Mailing Address 7735 NW 146TH ST STE 306 HIALEAH FL 33016 1583 Use Type 1000 - VACANT COMMERCIAL Total Square Feet 0 Sales Information Sales Date Price NOV-2019 10 DEC-2009 105455 MAY-2004 10 APR-2004 0 FEB-1983 100 Appraisals Tax Year 2023 Improvement Value $18,786 Land Value $609,989 Total Market Value $628,775 All values are as of January 1st each year Assessed/Taxable values Tax Year 2023 Assessed Value $467,182 Exemption Amount $0 Taxable Value $467,182 Taxes Tax Year 2023 Ad Valorem $10,505 Non Ad Valorem $0 Total tax $10,505 Search by Owner, Address or Parcel 429 RS Construction of Dade, Inc.Date 10/20/2023 CGC 040308 7735 NW 146th Street, Suite 306 Miami Lakes, FL 33016 305-821-0330 Proposal For: WORK TO UNIT 105 Eat Dope Vegan 137 NE 10th Avenue - Unit 105 Boynton Beach, Florida 33435 Scope of Work All Labor & Materials for the Interior Built - Out for Unit #105 according to plans by Executive Design Consultants Inc & Artech Consulting Services date signed 8/17/2023 & Buchanan P.E. Consultants date signed 8/21/2023 & Energy Calculation date signed 8/21/2023 Schedule of Value Drywall & Drywall Finish $ 14,015.00 Insulation $ 2,215.00 Painting $ 2,750.00 Doors & Hardware $ 3,895.00 Flooring Tile - Allowance $ 10,750.00 Cabinets & Counter - allowance $ 7,495.00 HVAC - Mechanical & Ventilation $ 38,333.00 Plumbing - Gas $ 3,433.00 Plumbing Sanitation & Water Pipe $ 17,550.00 Plumbing Sanitation - Grease $ 7,987.00 Plumbing Fixtures by Owner $ - Fire Sprinklers $ 7,025.00 Fire Alarm $ 3,650.00 Electrical & Light Fixtures $ 35,895.00 Specialties - Handicap & Fire Extinguishers $ 1,575.00 Rough & Final Cleaning $ 750.00 Subtotal $ 157,318.00 GC FEE - 14 % $ 22,024.52 TOTAL CONSTRUCTION COST $ 179,342.52 This proposal includes all fees, materials, labor, over head & profit until we received the final permit set . 430 1 Sub Total 8,800.00 Total $8,800.00 Payment Made (-) 8,800.00 Balance Due $0.00 Invoice Date :06 Jul 2022 Terms :Due on Receipt Due Date :06 Jul 2022 Executive Designs P.O. Box 223272 West Palm Beach Florida 33422 U.S.A INVOICE # 22-625 Balance Due $0.00 Bill To Mr. John LeJune 119 W. MLK Jr. Blvd Unit# 105 Boynton Beach Florida U.S.A #Item & Description Qty Rate Discount Amount 1 New Commercial Design 1. New Commercial Build-out for New Restaurant. 2. Plans to include: Floor Plan, Seating Plan, Reflected Ceiling Plan, Life-Safety Plan. Mechanical (Hvac, Power, and Plumbing Plan shall be done by Mechanical Company). 3. Hood Plans / Interior design separate from architectural plans shall be provided by Other(s). **These Plans shall be plans needed for Interior Build-Out of existing newly constructed building. Not responsible for building design and/or building specs not included in original building design. (i.e. Gas Lines in to building structure) 1.00 New Construct ion, Addition, Remodel, Asbuilts 8,000.00 2,000.00 6,000.00 2 Mechanical Plan & Energy Calcs Mechanical Plan 1.00 2,800.00 0.00 2,800.00 Notes Thank You for entrusting Executive Designs with this Project!! For Any Questions feel free to email me or call me. Email: TheExecutiveCorp@hotmail.com Phone: 561-507-8620 Thanks for your business. 431 2 Terms & Conditions **Note:** Designer of Record (Johnathan Embry) is not responsible for any pre-existing conditions. New layouts that are not provided and approved by designer will be solely based on owner and/or Licensed contractor. Asbuilts should be updated according to plan. All expedited plans shall incur a fee pending designer. Any changes done outside of plan so incur a fee. All revisions are covered under final payment, although all changes that were done outside of plans shall incur additional fees. Payment is as follows: Upon initial meeting for measuring, project approval etc. 1/2 of payment will be required in order to begin project, unless otherwise discussed. Late Payment fees are incurred 24 hours after plans have been completed and handed over to customer. Checks are to be made to Johnathan Embry and other forms of payment such as card, may require a fee for usage. If payment does not go through, all bank charges in reference to bounced check will be the sole responsibility of the client or payee. Fees may be added depending outcome and occurrence. Typical turn around for each commercial project will be 3-4 months unless otherwise discussed. Certain situations requires expediting, in such case(s) there will be an additional Expedited fee only when discussed with client. 432 1 Amount Received $3,000.00 PayPalPayment Mode 8U940755NU9217445Reference Number 08 Aug 2022Payment Date Executive Designs P.O. Box 223272 West Palm Beach Florida 33422 U.S.A PAYMENT RECEIPT Bill To Mr. John LeJune 119 W. MLK Jr. Blvd Unit# 105 Boynton Beach Florida U.S.A Payment for Invoice Number Invoice Date Invoice Amount Payment Amount 22-625 06 Jul 2022 $6,000.00 $3,000.00 433 1 Amount Received $2,800.00 PayPalPayment Mode 1EE18699P5302302XReference Number 04 Apr 2023Payment Date Executive Designs P.O. Box 223272 West Palm Beach Florida 33422 U.S.A PAYMENT RECEIPT Bill To Mr. John LeJune 119 W. MLK Jr. Blvd Unit# 105 Boynton Beach Florida U.S.A Payment for Invoice Number Invoice Date Invoice Amount Payment Amount 22-625 06 Jul 2022 $8,800.00 $2,800.00 434 1 Amount Received $3,000.00 Bank TransferPayment Mode Reference Number 21 Aug 2023Payment Date Executive Designs P.O. Box 223272 West Palm Beach Florida 33422 U.S.A PAYMENT RECEIPT Bill To Mr. John LeJune 119 W. MLK Jr. Blvd Unit# 105 Boynton Beach Florida U.S.A Payment for Invoice Number Invoice Date Invoice Amount Payment Amount 22-625 06 Jul 2022 $8,800.00 $3,000.00 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 RS Construction of Dade, Inc.Date 10/20/2023 CGC 040308 7735 NW 146th Street, Suite 306 Miami Lakes, FL 33016 305-821-0330 Proposal For: WORK TO UNIT 105 Eat Dope Vegan 137 NE 10th Avenue - Unit 105 Boynton Beach, Florida 33435 Scope of Work All Labor & Materials for the Interior Built - Out for Unit #105 according to plans by Executive Design Consultants Inc & Artech Consulting Services date signed 8/17/2023 & Buchanan P.E. Consultants date signed 8/21/2023 & Energy Calculation date signed 8/21/2023 Schedule of Value Drywall & Drywall Finish $ 14,015.00 Insulation $ 2,215.00 Painting $ 2,750.00 Doors & Hardware $ 3,895.00 Flooring Tile - Allowance $ 10,750.00 Cabinets & Counter - allowance $ 7,495.00 HVAC - Mechanical & Ventilation $ 38,333.00 Plumbing - Gas $ 3,433.00 Plumbing Sanitation & Water Pipe $ 17,550.00 Plumbing Sanitation - Grease $ 7,987.00 Plumbing Fixtures by Owner $ - Fire Sprinklers $ 7,025.00 Fire Alarm $ 3,650.00 Electrical & Light Fixtures $ 35,895.00 Specialties - Handicap & Fire Extinguishers $ 1,575.00 Rough & Final Cleaning $ 750.00 Subtotal $ 157,318.00 GC FEE - 14 % $ 22,024.52 TOTAL CONSTRUCTION COST $ 179,342.52 This proposal includes all fees, materials, labor, over head & profit until we received the final permit set . CRA Development Agreement Contributions for MEPs $ (51,714.29) CMC Developer Credit $ (7,142.86) Subtotal $ 120,485.37 Estimated Permit Fees $ 2,771.16 Total Buildout Costs to Tenant $ 123,256.53 CRA Grant 50% Reimbursement $ (50,000.00) FINAL OUT OF POCKET EXPENSES $ 73,256.53 Proposal 465 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 CONSENT AGENDA AGENDA ITEM 11.I SUBJECT: Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $11,550 to Forward Leaders Group, LLC d/b/a Eat Dope Vegan located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 105 SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from Forward Leaders Group, LLC d/b/a Eat Dope Vegan located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 105 Boynton Beach, FL 33435 (see Attachments I-II). Eat Dope Vegan aims to consistently provide a unique experience for customers regardless of where they are on their plant-based journey. They accomplish this by creatively reimagining traditional ingredients to enhance their healthfulness, heartiness and flavor. They believe plant-based eating should be anything by dull - it should be exciting and fun! Their menu features plant-strong hearty comfort burgers jam-packed with flavor, savor and love. As a restaurant, Eat Dope Vegan will employ 14 team members for jobs ranging from full-time and part-time positions for store manager, supervisor, team leaders, back of house crew and front of house crew. Under the terms of their Landlord-Tenant Lease Agreement, the base rent plus CAM to be paid by the applicant is $1,925 per month (see Attachment III). Eat Dope Vegan qualifies as a Tier I business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $1,750 per month for a 12- month period, whichever is less. If approved, Eat Dope Vegan would be reimbursed in the amount of $962.50/month for a period of 12 months or a total grant amount of $11,550 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY 2023-2024 Budget, Project Fund, Line Item 02-58400-444, $11,550 466 •Attachment I - Commercial Rent Reimbursement Grant Application •Attachment II - Location Map •Attachment III - Lease CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $11,550 to Forward Leaders Group, LLC d/b/a Eat Dope Vegan located in Heart of Boynton Shops at 137 NW 10th Avenue, Unit 105, Boynton Beach, FL 33435. ATTACHMENTS: Description 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 1/23/24, 9:36 AM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528480060000 1/1  View Property Record Owners WELLS LANDING APARTMENTS LLC Property Detail Location 137 E MARTIN LUTHER KING JR BLVD Municipality BOYNTON BEACH Parcel No.08434521240000010 Subdivision MEEKS ADD TO BOYNTON IN Book 31005 Page 1515 Sale Date NOV-2019 Mailing Address 7735 NW 146TH ST STE 306 HIALEAH FL 33016 1583 Use Type 1000 - VACANT COMMERCIAL Total Square Feet 0 Sales Information Sales Date Price NOV-2019 10 DEC-2009 105455 MAY-2004 10 APR-2004 0 FEB-1983 100 Appraisals Tax Year 2023 Improvement Value $18,786 Land Value $609,989 Total Market Value $628,775 All values are as of January 1st each year Assessed/Taxable values Tax Year 2023 Assessed Value $467,182 Exemption Amount $0 Taxable Value $467,182 Taxes Tax Year 2023 Ad Valorem $10,505 Non Ad Valorem $0 Total tax $10,505 Search by Owner, Address or Parcel 483 484 485 486 487 488 489 490 491 492 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 CONSENT AGENDA AGENDA ITEM 11.J SUBJECT: Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $17,550.54 to Jken Boutique LLC located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 9 SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from Jken Boutique LLC located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 9, Boynton Beach, FL 33435 (see Attachments I-II). Jken Boutique is a family-owned and operated boutique offering a wide variety of clothes and accessories for both children and adults. They also carry sunglasses, watches, jewelry, home goods and much more. As a retail boutique, Jken Boutique LLC will employ two staff to manage the day-to-day operations of the store. Under the terms of their Landlord-Tenant Lease Agreement, the base rent to be paid by the applicant is $2,925.09 per month (see Attachment III). Jken Boutique LLC qualifies as a Tier II business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $1,750 per month for a 12-month period, whichever is less. If approved, Jken Boutique LLC would be reimbursed in the amount of $1,462.55 per month for a period of 12 months or a total grant amount of $17,550.54 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY 2023-2024 Budget, Project Fund, Line Item 02-58400-444, $17,550.54 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 493 •Attachment I - Commercial Rent Reimbursement Grant Application •Attachment II - Location Map •Attachment III - Lease Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $17,550.54 to Jken Boutique LLC located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 9, Boynton Beach, FL 33435. ATTACHMENTS: Description 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 7/25/22, 12:15 PM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434522200000190 1/1  View Property Record Owners OCEAN PALM PLAZA LLC Property Detail Location 1600 N FEDERAL HWY Municipality BOYNTON BEACH Parcel No.08434522200000190 Subdivision YACHTMANS COVE Book 33180 Page 799 Sale Date DEC-2021 Mailing Address 16950 S JOG RD STE 104 DELRAY BEACH FL 33446 2353 Use Type 1100 - STORES Total Square Feet 15250 Sales Information Sales Date Price DEC-2021 7220000 DEC-2014 3412500 AUG-2005 4700000 DEC-1984 700000 MAY-1981 180000 1 2 Appraisals Tax Year 2021 Improvement Value $1,534,140 Land Value $884,489 Total Market Value $2,418,629 All values are as of January 1st each year Assessed/Taxable values Tax Year 2021 Assessed Value $2,418,629 Exemption Amount $0 Taxable Value $2,418,629 Taxes Tax Year 2021 Ad Valorem $51,320 Non Ad Valorem $13,046 Total tax $64,366 Search by Owner, Address or Parcel 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 CONSENT AGENDA AGENDA ITEM 11.K SUBJECT: Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $9,150 to Casa Costa Cafe LLC d/b/a Cafe Prelude located in Casa Costa at 400 N. Federal Highway, Unit 8 SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from Costa Cafe LLC d/b/a Cafe Prelude located in Casa Costa at 400 N. Federal Highway, Unit 8, Boynton Beach, FL 33435 (see Attachments I-II). Cafe Prelude is a charming coffee shop and French Bakery dedicated to bringing the authentic taste of French pastries and baked goods. Indulge in their freshly-baked croissants and a variety of pastries, quiches, crepes and coffees perfect for breakfast, lunch or dessert. They also offer a variety of baguette sandwiches and paninis that are made daily with the freshest ingredients. As a bakery cafe, Cafe Prelude employs bakers, cashiers and servers ranging from full-time and part-time positions. Under the terms of their Landlord-Tenant Lease Agreement, the base rent to be paid by the applicant is $1,525 per month (see Attachment III). Cafe Prelude qualifies as a Tier I business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $2,000 per month for a 12-month period, whichever is less. If approved, Cafe Prelude would be reimbursed in the amount of $762.50/month for a period of 12 months or a total grant amount of $9,150 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY 2023-2024 Budget, Project Fund, Line Item 02-58400-444, $9,150 CRA PLAN/PROJECT/PROGRAM: 541 •Attachment I - Commercial Rent Reimbursement Grant Application •Attachment II - Location Map •Attachment III - Lease 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $9,150 to Casa Costa Cafe LLC d/b/a Cafe Prelude located in Casa Costa at 400 N. Federal Highway, Unit 8, Boynton Beach, FL 33435. ATTACHMENTS: Description 542 Initials_______ Page 1 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com October 1, 2023 – September 30, 2024 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the “BBCRA”) Area. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation or expansion. The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny paym ent at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term “new business” means a company in operation for less than one year or relocating to Boynton Beach. The term “existing business” means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach BBCRA is a public agency and is governed by the “Florida Public Records Law” under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced by the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. 543 Initials_______ Page 2 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance through a reimbursable grant in the form of a monthly rent reimbursement for the first 12 months of business. New businesses are eligible to apply for assistance for up to one year from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, permits are closed out, City and County licenses are obtained, and the business is open for operation under a Temporary Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO). For businesses that do not require any construction work, rent reimbursements will not be paid until City and County licenses are obtained and the business is open for op eration. On a monthly basis, the BBCRA will issue reimbursement directly to the applicant. Reimbursement is for the monthly rent payment made to the landlord , and is dependent upon receipt of verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the parties to the lease, (the tenant and the landlord). As grantor, the BBCRA does not bear or accept any responsibility for payment of rent at any time, or for penalties incurred for the late arrival of payments by any party. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated tea m of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunitie s. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligi ble to receive grant funding: • Applicant must be a new business, or an existing business that is expanding in size. 544 Initials_______ Page 3 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • An existing business must expand to occupy more than 50% of its current square footage size or open a second location within the BBCRA Area. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant’s Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multi-year lease with at least two years remaining on the lease at the time of BBCRA Board approval. • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: 545 Initials_______ Page 4 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com • Firearm Sales/Shooting Range • Convenience Store • Religion-Affiliated Retail Stores • Churches/places of worship • Non-profit organizations • Medical Research Centers/Housing • Check Cashing Stores • Kava Tea Bars • Tattoo Shops / Body Piercing / Body Art Shops • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Alcohol and/or Drug Rehabilitation Centers/Housing • Massage/Personal Services • Auto Services Facilities – repair, storage, sales, etc • CBD Retail Stores, etc. • Pawn Shops • Any other use that the BBCRA staff or BBCRA Board determine will not support the redevelopment of the BBCRA Area Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant’s project budget specified at the time of BBCRA Board approval. Tier One Business Tier One Businesses are eligible for reimbursement for up to half (50%) of the business’s base monthly rent or $2,000 per month, whichever is less (maximum amount of the grant is $24,000, distributed in 12 monthly payments). Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half (50%) of the business’s base monthly rent or $1,750 per month, whichever is less (maximum amount of the grant is $21,000, distributed in 12 monthly payments). 546 Initials_______ Page 5 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home Décor/Design – home furnishings, art galleries, kitchen wares • Clothing Boutique – clothing, shoes & accessories • Law Offices • Accounting Offices • Real Estate Offices • Hair/Nail Salons (no more than 2 approvals per fiscal year) • Marketing Offices • Fitness Centers • Medical Offices • Insurance Offices • Laundry/Dry Cleaner facility • Specialty Businesses – stationary, gifts, sporting goods • Take-out Foods • Florists (no more than 2 approvals per fiscal year) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi -year lease with a minimum of two years remaining on the lease at the time of Board approval. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant’s responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. For purposes of this paragraph, the term “subject property” means the leased premises of the grant recipient, for which the applicant or grant recipient is se eking rental reimbursement, or any part thereof . Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. 547 Initials_______ Page 6 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer o r director of said business, or assisting such a business in so doing; C) allowing or assisting a business entity other than the grant recipient to list its place of business as the subject property; or D) allowing or assisting a business entity other than the grant recipient to obtain a business tax license from the City of Boynton Beach f or the subject property. The fact that a business entity other than the grant recipient occupies the subject property, lists its place of business as the subject property, obtains a business tax license for the subject property, or similarly appears to use the subject property is sufficient evidence that the grant recipient has allowed or assisted such other business entity to do so and is grounds for termination of any further grant payments and seeking reimbursement for previously paid grant payments. However, it shall not be considered a prohibited subleasing when the business purpose of the applicant is to provide a space for aspiring businesses, such as when the applicant is a business incubator, commissary kitchen, or business that provides co-op workspace. The BBCRA will determine whether a certain applicant fits into the exception described in this paragraph on a case-by-case basis. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 or downloaded from www.boyntonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-served basis. Application packets must include the following documentation: 548 Initials_______ Page 7 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com 1. A non-refundable fee of $100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Provide a 2-3 sentence mission statement for the applying business entity. This will be used as a way to introduce your business to the BBCRA Board. 3. Resume for each principal/owner of the business. 4. Copy of the corporate documents for the applying business entity. 5. Copy of City and County Business Licenses (Business Tax Receipt). 6. Copy of executed multi-year commercial lease agreement. 7. Two years of corporate tax returns (for existing businesses only). 8. Two years of personal tax returns for the principal/owners of a new business (if no corporate tax returns). 9. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 10. If applicant is an existing business expanding to occupy more than 50% of its current square footage size, verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. 11. Completed and signed application (attached). 12. Authorization to perform credit check for the business and each principal/owner of the business (attached). 13. W9 Form and Vendor Application (attached). Approval of Funding Request All required application documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will 549 Initials_______ Page 8 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board’s approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement Monthly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to BBCRA Board approval. A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the approved applicant. Reimbursement will occur on a monthly basis. Following the initial Reimbursement Request, each reimbursement request shall be made within 30 days of the start of the next month. In order to receive monthly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that month’s reimbursement or proof of direct deposit). If applicant does not submit its monthly reimbursement request within 30 days following the end of the next month in which applicant is requesting reimbursement, applicant forfeits that month’s reimbursement. Discontinuation of Payment 550 Initials_______ Page 9 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program’s Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant or applicant’s landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant’s submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the BBCRA to award grant funding. 551 APPLICANT INFORMATION Page 10 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com BUSINESS INFORMATION: Business Name (and d/b/a if applicable): ____________________________________________________________________________ ____________________________________________________________________________ Current Business Address: ____________________________________________________________________________ ____________________________________________________________________________ Fed ID#:____________________________ Business Phone Number: ____________________________ Fax: ______________________ Website: ___________________________________________________________________ Existing Business: Yes _________ No ________ Number of years in existence: __________ Time at Current Location: _________________ New Business to Boynton Beach: Yes __________ No _________ Do you have an executed lease agreement: Yes ____________ No _______ If so, monthly base rent: ___________________ New Business Address: ____________________________________________________________________________ ____________________________________________________________________________ Square footage of current location: __________ Square footage of new location: ___________ Type of Business: ____________________________________________________________ Number of Employees: _______________ Hours of Operation: __________________________ 552 APPLICANT INFORMATION Page 11 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: _____________________________________________________ Date of Birth: ________________ Email: _______________________________________ Residential Address: ________________________________________________________________________ ________________________________________________________________________ Cell Phone Number: ______________________ 2. Principal/Owner Name: _____________________________________________________ Date of Birth: ________________ Email: _______________________________________ Residential Address: ________________________________________________________________________ ________________________________________________________________________ Cell Phone Number: ______________________ 3. Principal/Owner Name: _____________________________________________________ Date of Birth: ________________ Email: _______________________________________ Residential Address: ________________________________________________________________________ ________________________________________________________________________ Cell Phone Number: ______________________ 4. Principal/Owner Name: _____________________________________________________ Date of Birth: ________________ Email: _______________________________________ Residential Address: ________________________________________________________________________ ________________________________________________________________________ Cell Phone Number: ______________________ 553 APPLICANT INFORMATION Page 12 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Are you applying for grant assistance under any other program offered by the BBCRA? Yes _______ No ______ If yes, what additional programs are you applying for: _________________________________________________________________________ Are you receiving grant assistance under any other governmental agencies: Yes __ No ___ If yes, list any additional grant sources and amounts: __________________________________________________________________________ LANDLORD INFORMATION: Landlord Name: __________________________________________________________ Landlord’s Mailing Address: ___________________________________________________________________________ ___________________________________________________________________________ Landlord’s Phone Number: ______________________________________________________ CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term “I” refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized to the maximum extent permitted by law for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach 554 APPLICANT INFORMATION Page 13 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer furthering the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. 555 556 557 12/20/23, 10:33 AM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434522470110050 1/1  View Property Record Owners COSTA CENTER LLC Property Detail Location 458 N FEDERAL HWY Municipality BOYNTON BEACH Parcel No.08434522470110050 Subdivision CASA COSTA CONDO Book 28764 Page 1590 Sale Date NOV-2016 Mailing Address 800 NORTH RD BOYNTON BEACH FL 33435 3238 Use Type 1204 - STORE/OFF/RES CONDO Total Square Feet 0 Sales Information Sales Date Price NOV-2016 2200000 DEC-2012 2131800 Appraisals Tax Year 2023 Improvement Value $0 Land Value $0 Total Market Value $240,000 All values are as of January 1st each year Assessed/Taxable values Tax Year 2023 Assessed Value $240,000 Exemption Amount $0 Taxable Value $240,000 Taxes Tax Year 2023 Ad Valorem $4,860 Non Ad Valorem $1,024 Total tax $5,884 Search by Owner, Address or Parcel 558 DocuSign Envelope ID: 4F4A1CA2-6B85-4195-B3BD-B61F008EF570 President TODD NEPOLA 11/13/2023 559 DocuSign Envelope ID: 4F4A1CA2-6B85-4195-B3BD-B61F008EF570 560 DocuSign Envelope ID: 4F4A1CA2-6B85-4195-B3BD-B61F008EF570 561 DocuSign Envelope ID: 4F4A1CA2-6B85-4195-B3BD-B61F008EF570 562 DocuSign Envelope ID: 4F4A1CA2-6B85-4195-B3BD-B61F008EF570 563 DocuSign Envelope ID: 4F4A1CA2-6B85-4195-B3BD-B61F008EF570 564 DocuSign Envelope ID: 4F4A1CA2-6B85-4195-B3BD-B61F008EF570 565 DocuSign Envelope ID: 4F4A1CA2-6B85-4195-B3BD-B61F008EF570 566 DocuSign Envelope ID: 4F4A1CA2-6B85-4195-B3BD-B61F008EF570 567 DocuSign Envelope ID: 4F4A1CA2-6B85-4195-B3BD-B61F008EF570 568 DocuSign Envelope ID: 4F4A1CA2-6B85-4195-B3BD-B61F008EF570 569 DocuSign Envelope ID: 4F4A1CA2-6B85-4195-B3BD-B61F008EF570 570 DocuSign Envelope ID: 4F4A1CA2-6B85-4195-B3BD-B61F008EF570 571 DocuSign Envelope ID: 4F4A1CA2-6B85-4195-B3BD-B61F008EF570 572 DocuSign Envelope ID: 4F4A1CA2-6B85-4195-B3BD-B61F008EF570 573 DocuSign Envelope ID: 4F4A1CA2-6B85-4195-B3BD-B61F008EF570 574 DocuSign Envelope ID: 4F4A1CA2-6B85-4195-B3BD-B61F008EF570 575 DocuSign Envelope ID: 4F4A1CA2-6B85-4195-B3BD-B61F008EF570 576 DocuSign Envelope ID: 4F4A1CA2-6B85-4195-B3BD-B61F008EF570 577 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 CRA ADVISORY BOARD AGENDA ITEM 13.A SUBJECT: Discussion and Consideration of Direction and Assignments for CRA Advisory Board SUMMARY: The Community Redevelopment Advisory Board (CRAB) was created by City Commission on October 2015, and appointed its seven members in December 2015 (see Attachment I). Resolution R-15-136 had the CRAB advising the City Commission, but not the CRA Board. On May 3, 2016, the City Commission clarified the role of CRAB is to also advise the CRA Board on matters assigned to it by either the City Commission or CRA Board (see Attachments II-IV). On May 10, 2016, the CRA Executive Director and City Manager proposed guidelines for managing the CRAB agenda (see Attachment V). These guidelines have established how the CRAB agenda and assignments have been implemented to date. The CRAB assignments up until July 14, 2020, consisted of reviewing and advising the CRA Board on terms and conditions of Purchase and Development Agreements (PDA) from the RFP/RFQ process (e.g. Ocean Breeze East and MLK Jr. Boulevard Corridor Mixed Use Project), providing input on the annual Budget, and providing an additional public forum for community input or a recommendation for significant projects (e.g. the renovations of Sara Sims Park and the Cottage District Infill Housing Redevelopment Project). On July 14, 2020, the CRA Board assigned the CRAB the task of reviewing three or four different commercial properties and make recommendations (see Attachment VI). On August 11, 2020, the CRA Board approved a revision to the previous CRAB assignment to focus on future acquisitions along the Boynton Beach Corridor from I-95 to Federal Highway (see Attachment VII). The CRA Board again clarified their expectations regarding the CRAB report at the February 9, 2021 CRA Board meeting. The CRAB has three options with respect to their review of available commercial or industrial properties (see Attachment VIII): 1. Pursue now as a land banking opportunity; or 2. Pursue at a future time to be determined by the CRA Board; or, 3. Do not pursue because it does not fit the CRA mission. On April 12, 2022, the CRA Board cleared all pending CRAB assignments. The CRA Board indicated that the new CRA Board should have the opportunity to set the new assignments for the CRAB (see Attachment IX). 578 •Attachment I - City Resolution R15-136 Creating CRAB •Attachment II - City Resolution R16-067 Establishing Procedures for CRAB •Attachments III - May 3, 2016 City Commission Minutes •Attachment IV - May 17, 2016 City Commission Minutes •Attachment V - May 10, 2016 Memo Regarding CRAB Duties •Attachment VI - July 14, 2020 CRA Board Meeting Minutes •Attachment VII - August 11, 2020 CRA Board Meeting Minutes •Attachment VIII - February 9, 2021 CRA Board Meeting Minutes •Attachment IX - April 12, 2022 CRA Board Meeting Minutes The CRAB received and completed three assignments since October 2022: 1. Review and Discuss the CRA Funded Current and New Business Promotions and Marketing Events including Strategies to Promote the Marina 2. Review the City's Recreation and Parks Master Plan 3. Review the CRA Annual Budget Staff is bringing this before the CRA Board to revisit potential CRAB assignments. The following items are anticipated to be assigned to CRAB consistent with previous Board direction: 1. Review draft allocations of the future CRA Annual Budget 2. CRA Plan Revision FISCAL IMPACT: N/A CRA PLAN/PROJECT/PROGRAM: 2016 Community Redevelopment Plan CRA BOARD OPTIONS: To be determined by the CRA Board. ATTACHMENTS: Description 579 1 RESOLUTION NO R15 136 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH 4 FLORIDA CREATING A COMMUNITY 5 REDEVELOPMENT AGENCY ADVISORY BOARD 6 ESTABLISHING PROCEDURES FOR APPOINTMENT 7 AND REMOVAL OF MEMBERS AND PROVIDING 8 FOR AN EFFECTIVE DATE 9 10 WHEREAS the City Commission has determined that the interest of the City will 11 best be served by creating an advisory board to provide input to the City Commission 12 regarding matters related to the Citys Community Redevelopment Agency 13 NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF 14 THE CITY OF BOYNTON BEACH FLORIDA THAT 15 Section 1 The foregoing WHEREAS clauses are true and correct and 16 hereby ratified and confirmed by the City Commission 17 Section 2 There is hereby created a Community Redevelopment Advisory Board 18 The Advisory Board at the direction of the City Commission shall make recommendations 19 on the programs activities and funding issues affecting the implementation of the CRA Plan 20 Recommendations shall include but not be limited to matters concerning land use and design 21 regulations and applications implementation programs and activities budgets and funding 22 Section 3 The Advisory Board will be comprised of seven 7 individuals with 23 experience education or skills as determined necessary by the City Commission Any 24 person may be appointed to the Advisory Board if he or she resides or is engaged in 25 business which means owning a business practicing a profession or performing a service 26 for compensation or serving as an officer or director of a corporation or other business 27 entity so engaged within the City 1 1 Italicized language added by amendment at time of adoption 000985102 306 9001821 1 580 28 No less than four 4 members of the Advisory Board shall be residents of the City 29 Advisory Board Members serve at the pleasure of the City Commission and may be removed 30 by a majority of the Commission with or without a statement of cause 31 Section 4 The Advisory Board and its individual members shall operate in the 32 sunshine Board members are subject to the Palm Beach County Code of Ethics Appointees 33 shall complete required ethics training prior to assuming the duties of appointment 34 Section 5 Costs associated with the operation of the Advisory Board will be 35 assessed to the Community Redevelopment Agency budget 36 Section 6 That this Resolution will become effective immediately upon passage 37 PASSED AND ADOPTED this 20 day of October 2015 38 39 40 CITY OF BOYNTON BEACH FLORIDA 41 42 YES NO 43 44 Mayor Jerry Taylor i 45 46 Vice Mayor Joe Casello 47 48 Commissioner David T Merker V 49 50 Commissioner Mack McCray I 51 52 Commissioner Michael M Fitzpatrick t 53 54 55 VOTE 50 56 57 ATTEST 58 59 IS p60 o A 61 i t 7 A C 63 rfti 64 Co at al Y U 00098511t 9001821ys Q 47 N 4 581 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Section 2. There is hereby created a Community Redevelopment Advisory Board CRAB "). The CRAB will conduct review and provide written recommendations to the City Commission and Community Redevelopment Agency on matters assigned to it by the Community Redevelopment Agency or the City Commission. The Advisory Board, at the 00127558.1 306 - 9001821 ) RESOLUTION NO. R16 -067 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION R15 -136 WHICH CREATED A COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD; ESTABLISHING PROCEDURES FOR APPOINTMENT AND REMOVAL OF MEMBERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission created the Community Redevelopment Advisory Bard ( "CRAB ") to provide input to the City Commission regarding matters related to the City's Community Redevelopment Agency; and WHEREAS, the City Commission, following input from members of the CRAB, the executive director of the CRA, the City Manager and members of the public, has determined th:7t the CRAB should serve in an advisory role to the Community Redevelopment Agency as well as the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Resolution R15 -136 is amended as follows. 582 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 erection of the City Commission, shall make recommendations on the programs; activities include but not be limited to, matters concerning land use and design regulations and Section 3. The Advisory Board will be comprised of seven (7) individuals with experience, education, or skills as determined necessary by the City Commission. Any person may be appointed to the Advisory Board if he or she resides or is engaged in business, which means owning a business, practicing a profession, or performing a service for compensation, or serving as an officer or director of a corporation or other business entity so engaged, within the City. No less than four (4) members of the Advisory Board shall be residents of the City. Advisory Board Members serve at the pleasure of the City Commission and may be removed by a majority of the Commission with or without a statement of cause. Section 4. The Advisory Board and its individual members shall operate in the swishine. Board members are subject to the Palm Beach County Code of Ethics. Appointees sh -.11 complete required ethics training prior to assuming the duties of appointment. Section 5. Costs associated with the operation of the Advisory Board will be assessed to the Community Redevelopment Agency budget. Section 6. That this Resolution will become effective immediately upon passage. 001x1558.1 305- 9001821 ) 583 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 ATTEST: PASSED AND ADOPTED this la day of ith A. Pyle, CMC grim City Clerk Corporate Seal) 00127558.1 306 - 9001821 } 2016. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus t/ Commissioner — Joe Casello VOTE YES NO 584 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Request to approve a Community Design Plan Appeal (CDPA 16-001) for relief from the Land Development Regulations (LDR), Chapter 4, Article III, Section 10.A.3. Monotony Restrictions, requiring enhanced walls designed with offsets and other elements to avoid an expansive monotonous appearance for 514 — 518 West Ocean Drive, located west of 1-95 and east of the CSX Railroad, south of the terminus of West Ocean Avenue on 6.9 acres zoned M-1 (Industrial). Agent is Bradley Miller with Miller Land Planning, Inc. (Tabled to May 17, 2016 Commission meeting.) B. Request new site plan approval to construct outdoor self -storage for luxury recreational vehicles and boats at 514 — 518 West Ocean Drive, located west of 1-95 and east of the CSX Railroad, south of the terminus of West Ocean Drive on 6.9 acres zoned M-1 (Industrial). Agent: Bradley Miller, Miller Land Planning, Inc. representing property owner Stor-All Luxury RV Boat Storage LLC. (Tabled to May 17, 2016 Commission meeting.) 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Discussion by City Commission and action regarding maintenance or modification of the configuration of the Community Redevelopment Agency Board. This item was heard after item 12 B. Commissioner Katz received confirmation Resolution R16-067 that was just passed gave the Advisory Board greater advisory capacity. He thought passage of the Resolution resolved the issue and further changes did not have to be made. Motion Commissioner Katz moved for discussion. Commissioner Romelus seconded the motion. 16 585 Meeting Minutes City Commission Boynton Beach, Florida 3, 2016 Mayor Grant advised he wanted an independent CRA Board. The City Commission can dictate what the CRAB does because the Advisory Board makes recommendations to the City Commission. The City Attorney had provided information on various configurations of the CRAB, but a first test for the Advisory Board is to provide an objective standing of the three different positions and to create a vetting process for the City Commission to use when making appointments to the CRA Board. Commissioner Katz questioned if the goal of the CRAB was not to advise on CRA activities, rather to advise on the make-up of the CRA Board itself. Mayor Grant responded they could do both. Mayor Grant inquired if a Commissioner could put any item on the CRAB agenda and Attorney Cherof explained the City Commission will establish the agenda for the CRAB, and it will take the CRA Board to do the same thing. The CRAB had no authority, under the previous Resolution to create their own agenda or list their own powers. Only the City Commission and now the CRA Board would have the authority to do so. The City Commission was creating the first agenda item for the CRAB. Vice Mayor McCray requested confirmation this item was not changing the CRA Advisory Board makeup, and there would still be a seven -member Advisory Board. Attorney Cherof responded that was correct. The revised Resolution would not change the current configuration. Vice Mayor McCray requested verification they were not adding two citizens to the CRA Board and learned it would not add two more members. Vice Mayor McCray did not favor the CRAB making recommendations regarding the configuration of the CRA Board. Mayor Grant inquired if there was any item a Commissioner would like to put on the CRAB agenda. Commissioner Katz reiterated his opposition to the agenda item. The CRAB, per the Resolution, could advise the City Commission and the CRA Board, but now the City Commission was asking the CRAB to advise the City Commission about the CRA Board. Mayor Grant explained the CRA can only exist through the City Commission. If the City Commission wanted to dissolve the CRA, they could do so. Mayor Grant proposed four options: the City Commission sits as the CRA Board; use a hybrid of Commissioners and residents on the CRA Board and determine the vetting process for the two residents; have only CRA residents on the CRA Advisory Board or eliminate the CRA Board all together. Mayor Grant wanted objective recommendations for objective standards and wanted to hear all the options available. Commissioner Katz asked if the CRAB could review the options as to the potential organization of the CRA Board and learned they would. The Advisory Board would detail the advantages and disadvantages of all four configurations. The CRA Advisory Board is independent. Commissioner Katz did not favor the item and commented the CRAB is to advise on issues pertaining to development in the CRA District, not the makeup of the CRA Board which was within the purview of the City Commission. Vice Mayor McCray also did not favor the CRAB reviewing the configuration of the CRA Board. The Advisory Board could speak to the City Commission on items within the CRA District. The Resolution was passed before the discussion about the boarder 17 586 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 scope of the CRA Board took place. Commissioner Katz thought the Advisory Board should focus on items in the CRA District. Mayor Grant pointed out item A pertains to the CRA Board, not the CRAB. The Advisory Board could advise on anything the Board asked them too. Vivian Brooks, CRA Executive Director, understood the Advisory Board was advising the City Commission on items coming before them. At her last meeting with the City and CRA Attorneys and the City Manager, there was discussion that development projects being heard by the CRAB would be adding another step in the development process and it was a problem for the City. The final discussion was any project that involved CRA land or dollars, or a public/private partnership would be reviewed by the Advisory Board. Mayor Grant explained he wanted the CRAB to be advisory to the CRA Board and the City Commission. If the CRA Board issued a Request for Proposals that would require a presentation before the CRAB, that would not create an extra level of codes and ordinances. The CRAB would not be violating any laws if the Request for Proposal indicated that anything coming before the CRA would be reviewed by the Advisory Board. Ms. Brooks explained that was already pro forma. Brian Edwards, 629 NE 9th Avenue, a CRAB member, thought the City made a mistake and that the Advisory Board has no authority. He appreciated the Mayor's efforts, but commented he always wanted an independent CRA Board and was disappointed when the CRA Board removed its two citizen members. The Advisory Board was being spoon fed about the information on which they can advise the City Commission. He read an email that indicated it may be unlawful if developers come before them to educate themselves on a project that the Board may feel strongly about. He liked the idea of giving consideration to an independent CRA. The City Commission was the only platform where he could speak about the matter and he pointed out there are significant issues forthcoming. He thought the City Commission should reconsider an independent CRA. Mayor Grant explained he wanted the CRAB to give advice and list the advantages and disadvantages of an independent board and no one was telling him why the City Commission was sitting as the CRA Board. He was trying to obtain the information and he pointed out advisory boards only advise. The City Commission can request agenda items for the CRAB. He requested CRAB agenda items be submitted to the City Commission or the Advisory Board submit items for the CRA Board. Linda Cross, 625 Casa Loma Boulevard, Chair of the CRA Advisory Board explained the CRA Advisory Board always thought its job was to advise the CRA Board and then learned it was the City Commission and now with the Resolution, they could advise both about projects in the CRA. The Advisory Board did not know it was only development projects that would use CRA money and land. They thought it was all development projects in the City. Ms. Cross understood due to legal issues with Planning and 587 Meeting Minutes City Commission Boynton Beach, Florida 3, 2016 Development, the Board cannot insert itself into that process. Currently, the Advisory Board Agenda is the same as the CRA Board agenda. She requested clarification if the City Commission would add items to the agenda that do not use CRA funds or only items that use CRA money and land. Mayor Grant explained the City Commission and CRA Board could ask the Advisory Board to review whatever they assign. The Resolution is broad. Ms. LaVerriere asked how items would be brought forward. Mayor Grant replied the City Commission will have an item on the agenda called CRA Reports. The requests will come through the City Commission, but the CRA Advisory Board does not have to give a report to the City Commission, but would to the CRA Board regarding what is on the CRA Board's agenda. Ms. Brooks will take the CRA Agenda and send it to the Advisory Board first, and if there are any extra items from the City Commission, there will be a discussion item on the City Commission agenda. When the CRA Advisory Board makes a report to the City Commission, it will be for the following month. Ms. LaVerriere advised there will be a standard report item for the CRA Advisory Board on the City Commission Agenda. Ms. LaVerriere asked if any Commissioner can add an item to the agenda for the CRA Advisory Board and learned any Commissioner could. Commissioner Katz commended the Resolution remedied a major concern for the CRA Advisory Board, and preferred to allow the Resolution to play out. He commented they could discuss the make-up of the CRA Board, but did not think it appropriate, after passing a solution to the CRA Advisory Board's issue. He emphasized the Resolution resolved the matter. He supported the Resolution and favored the Advisory Board having the ability to advise the CRA Board and the City Commission and that any Commissioner can add an item to the agenda within their purview, but he was opposed to the CRA Advisory Board recommending changes to the CRA Board. The confusion will create instability. Mayor Grant agreed, but wanted to end the discussion of the CRA Board. Herb Suss commented he was aghast at the discussion. He agreed this was causing confusion and it was so badly handled they should start over and let the public know what is going on. He requested the City Commission table it and bring it back. Motion Commissioner Katz moved to table. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R16-067 - Amend Resolution R15-136 which created the Community Redevelopment Advisory Board. 19 588 Meeting Minutes City Commission Boynton Beach, Florida May 17, 2016 There was consensus for staff to create a process to be discussed during the Strategic Plan for an Ordinance review group. Ms. LaVerriere explained the City could recruit volunteers that are subject matter experts. There would be one or two topics per year, and the workgroup can study issues for the City, conduct research and make recommendations. It is a short -term, case specific type of study and the City Commission will define the topics. Staff will outline other best practices and bring a recommendation to the Commission along with other City initiatives. The Commission can determine if it is a priority to initiate the program, and if so, provide a few topics a year. Commissioner Casello asked where the work group would get their information and learned the group can research items and bring it to staff. Barbara Ready, 329 SW 13 Avenue, explained the City would not have a historic resources program, ordinance or planner, had they not asked for an ad hoc committee. They worked for 18 months, researched the program and Ordinance and presented it to the City and they now have a Historic Preservation program. Ms. LaVerriere pointed out the City utilized that process for the Green Alliance Task Force and the Brand Promise. B.Discussion by City Commission and action regarding maintenance or modification of the configuration of the Community Redevelopment Agency Board. (Tabled -TBD) Mayor Grant commented when this item was tabled, it did not specify an end date. Motion Commissioner Romelus moved to remove from the table. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Commissioner Katz noted the Board was modified and he did not like rapid change as it sends mixed messages to the development community and he has not had enough time to test or experience which configuration is the best. He did not favor changing the composition of the CRA Board in the next 6 to 12 months, unless there is fault with the current configuration. There was agreement to remove the item from the agenda. 29 589 Meeting Minutes City Commission Boynton Beach, Florida May 17, 2016 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD A.Reports B.Pending Items C.New Assignments Mayor Grant thought the CRA Advisory Board could conduct a City Services Survey using Survey Monkey and suggested the survey be citywide, not just in the CRA District. Commissioner Casello and Vice Mayor McCray favored a survey within the CRA District only. Mayor Grant noted the Financial Advisory Committee conducted the survey in the past, and the Advisory Board could make a recommendation to the City Commission. Attorney Cherof suggested the Commission assign a specific task to the Advisory Board which could be discussed at the next meeting. The survey could assess all City services and provide direction what is wanted in the CRA rather than what was learned from the CRA Workshop of what the City wants for the downtown Commissioner Katz had questions about the proposal. He wanted to discuss with staff and advised he would not support the item at this time. Mayor Grant commented a City Services Survey for the CRA item will be a pending item for the City to review. Mayor Grant agreed to bring a prior City Services Survey to the next meeting and the Commission can determine if it would be an appropriate task for the CRA Advisory Board. Ms. LaVerriere agreed to place the item on the agenda with prior surveys included in the back up. Motion Mayor Grant passed the gavel and moved to place the City Services Survey as a pending item for the CRA Advisory Board. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Motion Commissioner Romelus moved to add a meeting with the developers of Riverwalk to the CRA Advisory Board Agenda. Commissioner Casello seconded the motion. Vote The motion failed 2 -3 (Mayor Grant, Vice Mayor McCray and Commissioner Katz dissenting.) 30 590 {00129562.1 306-9001821} Boynton Beach Community Redevelopment Agency MEMO Date: May 10, 2016 To: CRA Chair, Vice Chair and Board Members From: Vivian L. Brooks, Executive Director Re: Community Redevelopment Advisory Board Duties The City Commission created the Community redevelopment Advisory Board (CRAB) in October 2015 and appointed its seven members in December 2015. The resolution creating the CRAB had the CRAB advising the City Commission but not the CRA Board. On May 3, 2016, the City Commission further clarified the role of the CRAB by adopting a new resolution whereby the CRAB will now advise the City Commission and the CRA Board on matters assigned to it by either the CRA Board or City Commission. After conferring with City Manager, Lori LaVerriere, we propose the following guidelines for management of the CRAB agenda: A) The City Commission or CRA Board must approve, by majority vote, any assignment given to the CRAB. B) Only City Commissioners and CRA Board Members may request to place matters on the CRAB agenda. All requests by the CRA Board Member or City Commissioners shall be raised under the CRAB discussion item that will be added to both the CRA and City agenda template. See next item. C) Both the CRA and the City’s meeting agenda template will reflect a new section titled C Community Redevelopment Advisory Board (CRAB) with three subsections (Reports, Pending Items, and New Assignments). This will provide the opportunity for an individual member of the City Commissioner or CRA to raise a topic/assignment for the entire Commission or CRA to consider. D) When an assignment is given to the CRAB it will then show as a Pend ing Item on future agendas until the assignment is completed and reported back to the assigning board. Staff recommends that all assignments be given a deadline for reporting back to assist staff in following up on outstanding assignments with the CRAB. This will also provide transparency on all matters being reviewed by the CRAB. E) Once their assignment is complete and the CRAB is ready to present a report to the CRA or City Commission, then the Board shall submit their report to CRA staff or the City Clerk for publishing on the next available agenda. 591 {00129562.1 306-9001821} F) When matters are assigned to the CRAB, reliance on staff should be minimized to the extent possible. Individual members of the CRAB may not assign work to CRA or City staff members. Research by the members of the Advisory Board should be done independently and with as minimal reliance on CRA or City staff as possible. This will ensure that work continues to be accomplished as staff will not be overwhelmed with new assignments. G) Absent any new assignments, the monthly CRAB agenda will mirror the CRA agenda on a monthly basis. 592 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2020 Ben Rogatinsky thought it was perfect because he believed part of what the CRA does is they would advertise other CRA District businesses through the radio station. There is a lot of flexibility and they will work with the CRA marketing to get the most outreach to the community. Vice Chair Penserga attended Haitian Flag Day in Riviera Beach. Hundreds of people showed up and they have a longstanding reach. Motion Vice Chair Penserga moved to accept the letter of interest and begin negotiations. Board Member Romelus seconded the motion. The motion unanimously passed. E. Consideration of Neighborhood Sign Installation and Repair Grant Program Chair Grant commented he reviewed the program and thought the CRA did a great job. He recommended the program be throughout the CRA District, that there is no limit on the number of signs, and the funds were capped at $5,000 per association. Vice Chair Penserga agreed and it would be first come, first serve. An association could install as many signs as they wanted, but would only receive $5,000. Motion Board Member Romelus moved to approve the grant as stated Board Member Hay seconded the motion. The motion unanimously passed. Thuy Shutt, CRA Assistant Director, requested the Board's direction to allocate funds. Chair Grant thought the program was part of the budget they had previously seen in the amount of$25K and learned it was. The program would begin October 1St 16. CRA Advisory Board A. Pending Assignments B. Reports on Pending Assignments a. New Assignments Chair Grant wanted to have the CRA Advisory Board review of the CRA budget on their next meeting. 27 593 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2020 Motion Board Member Hay so moved. Vice Chair Penserga seconded the motion. The motion unanimously passed. Chair Grant also spoke with the Executive Director about having the CRA Advisory Board review for sale commercial and industrial properties and to receive fair valuations of properties. He noted Homing Inn was listed for $10 million. He would like the Advisory Board to review three or four different commercial properties and make recommendations if the CRA should approve of the appraisal or help find owners. He thought by the CRA advertising the properties, it may attract parties interested in purchasing or redeveloping. He wanted to use the CRA Advisory Board if they would be used once a year. Vice Chair Penserga wanted to assign the CRA Advisory Board to review the properties and the RFP. Motion Chair Grant passed the gavel and moved to put three items on the agenda for the CRA Advisory Board which were the budget, three or four properties a month to review and make recommendations and to make recommendations for the RFP for the Cottage District. Board Member Romelus seconded the motion. The motion unanimously passed. 17. Future Agenda Items A. Discussion Regarding Prevailing Wage, Benefits and Apprenticeship Policies for CRA Procurement and Requests for Proposals B. Land Banking BB Blvd C. MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project Update Chair Grant noted he received information about this item shortly before the meeting and he wanted to amend the agenda to briefly discuss it and then put it on the next agenda. Chair Grant noted he received an email from Mr. Simon indicating the additional eight units cost $1,897,848 based on a total per unit development cost excluding land of$235 981. He did not know if the units were two or three-bedroom units. It would increase the first mortgage by 680K and 12 needed from the CRA all at once of TIF $65K per year for 15 years. While FHFC won't object the additional units, it will need to be resolved as soon as possible. He wanted to give staff direction so if they need to speak to FHFC which was why he wanted the discussion now. Chair Grant favored moving forward with the additional units with TIF funding. 28 594 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2020 Mr. Simon explained they needed direction because if they wait, they may miss the opportunity. Mr. Simon wanted consensus if the Board wanted to buy additional units. Vice Chair Penserga and Board Members Romelus and Hay supported the additional units. D. Consideration of the Request for Rental Terms and Dates for the Boynton Woman's Club for FY2020-2021 Meeting Dates at the Historic Woman's Club of Boynton Beach E. Discussion and Consideration of a Lease Extension to the City of Boynton Beach for the CRA Owned Property located at 209 N. Seacrest Boulevard 18. Adjournment Motion There being no further business before the Board, Vice Chair Penserga moved to adjourn. Board Member Romelus seconded the motion. The motion unanimously passed. The meeting was adjourned at 8:29 p.m. d t Catherine Cherry Id, Minutes Specialist 29 595 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 11, 2020 August 17th, subject to legal review and tentative request for information deadline. The document will be on the November agenda. Mr. Simon asked if the direction is to have the results and submission to go to the CRA Advisory Board before the CRA Board or vice versa. Chair Grant commented the policy says they will see it on November 5th and the Board will see it on November 1oth. Staff will create a scoring sheet and the CRA Advisory Board can rank the responses. Motion Vice Chair Penserga moved to approve as stated by the Executive Director subject to Legal review. Board Member Hay seconded the motion. The motion unanimously passed. E. Discussion of a Lease to the City of Boynton Beach for the CRA Owned Property located at 209 N. Seacrest Boulevard. Mr. Simon explained this item was brought forward pre-emptively to see if the Board wants to work with the City to allow the City to remain as a tenant at the property at 209 N. Seacrest. The CRA is scheduled to close on the property on October 31 5\ and the City is using the space for their Internal Affairs Department and a few Town Square contractors. They want to continue there until other accommodations are made. It would be modeled after the lease used at the 115 Federal Highway temporary Library site. Chair Grant noted the City was paying $7,864K a month or $94,200 a year. Motion Board Member Hay moved to approve. Vice Chair Penserga seconded the motion. The motion unanimously passed. F. Consideration of a First Amendment to the Standard Contract Agreement with Granicus, LLC for the Website Design, Build, and Maintenance Services Mr. Simon explained this item was for five monthly payments of the fee to coincide with the work as opposed to payment in a lump sum. Motion Board Member Hay moved to approve. Vice Chair Penserga seconded the motion . The motion unanimously passed. G. Land Banking Along Boynton Beach Boulevard Corridor Mr. Simon explained this item was requested by a Board Member to focus on acquisitions and future acquisitions along the Boynton Beach Corridor from 1-95 to 12 596 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 11, 2020 Federal Highway. The discussion is if this is a high priority area and how to address that focus. The CRA has two commercial properties on 401 and 411 E Boynton Beach Boulevard and 217 N Seacrest Boulevard. He reviewed what was available for sale on the corridor and learned there are four. Staff needed direction. Chair Grant thought the Advisory Board should review the properties. Vice Chair Penserga agreed it was a priority area and he wanted staff to look at other properties. He has also seen hideous properties along the section that should be redeveloped that are not on the list. Board Member Hay agreed. Mr. Simon will provide the information to the CRA Advisory Board. Tom Devlin commented without having anything in the budget for acquisitions, it could not be acted on. Chair Grant explained these properties were listed for several years and the CRA Advisory Board can discuss it. Chair Grant will forward information to the Advisory Board. H. Discussion of Palm Beach County Housing Authority Chair Grant indicated the Palm Beach County Housing Authority had indicated they would receive an update and they would inform the CRA about their properties. He wanted to direct Legal to draft a letter citing their letter last year and sending it to the Secretary of Housing and Urban Development and the Director of theSE region stating their desire to work with HUDon these properties, citing how many years the properties were vacant and reaching out to Governor DeSantis who appoints people to the Palm Beach County Housing Authority Board. Attorney Rossmell commented she would draft a letter to bring back to the Board. Board Member Hay agreed with the statement and thought they should be moving forward the best they could to get started. The point of the letter is not to be adversarial, rather it is to be informative. There was consensus this item would be presented at the next meeting. 15. New Business A. Discussion and Consideration of a Letter of Intent from Ocean Avenue Residences and Shoppes, LLC for the CRA Owned Property Located at 115 N. Federal Highway Chair Grant explained the CRA Advisory Board reviewed the presentation. Chair Grant was happy there was developer interest in the property, but his concern was there was no reaching out to the individual property owners. By giving the developer the property, it would be a catalyst for other property owners to be a part of the project. He wanted to instruct Mr. Simon to formally reach out to the surrounding property owners so they can learn with they want or need, such as if they have to purchase or any other requirement, they can add that as a requirement that runs with the land. Bradley Miller, Urban Design Studio, 508 E. Boynton Beach Boulevard, explained he was present virtually along with Bill Morris and Sunny and Max Van Arnem, the principals of Ocean Avenue Residences and Shoppes LLC, who prepared and 13 597 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 9, 2021 no change. She was concerned a fire could start when it rains heavily or there is lightning. She hoped something would happen this time. No one else coming forward. Public Comments was closed. 10. CRA Advisory Board A. CRA Advisory Board Meeting Minutes-January 7, 2021 B. Pending Assignments 1. Review of Commercial Properties within Boynton Beach Boulevard Corridor within CRA Area a. Reports on Pending Assignments Mr. Simon had a request from the Advisory Board on their pending assignments, which was a review of commercial properties on the Boynton Beach Corridor. They asked for further clarification on what the CRA Board is expecting as they report so they can close out the item. Chair Grant explained the Advisory Board has three options: indicate the property is something to land bank or buy; indicate if the property is something that may have value in the future; or indicate if the property does not fit the CRA's mission. Mr. Simon requested clarification that those options would apply to any commercial or industrial properties for sale and learned it was and it would be excellent if they provide a reason. Motion Board Member Katz so moved. Vice Chair Penserga seconded the motion. The motion unanimously passed. 11. Consent Agenda A. CRA Financial Report Period Ending January 31, 2021 B. Approval of CRA Board Meeting Minutes-January 12, 2021 C. Approval of Second Amendment to the Granicus, LLC Agreement for Website Design, Build and Maintenance Services D. Consideration of the Revised lnterlocal Agreement and the Purchase and Sale Agreement with the City of Boynton Beach for the Historic Woman's Club of Boynton Beach located at 1010 S. Federal Highway 5 598 Minutes of the Community Redevelopment Agency Board Meeting Held on Tuesday, April 12, 2022, at 5:30 PM via GoToWebinar Online Meeting and Commission Chambers, City Hall, 100 E. Ocean Avenue, Florida Present: Ty Penserga, Board Chair Angela Cruz, Vice Chair Woodrow Hay, Board Member Thomas Turkin, Board Member 1. Call to Order Thuy Shutt, Executive Director Tim Tack, Assistant Director Kathryn Rossmell, Board Counsel Ty Penserga, Board Chair called the meeting to order at 5:30 p.m. 2. Invocation The Invocation was given by Board Member Hay . 3. Pledge of Allegiance Board Member Turkin led the Pledge of Allegiance to the Flag. 4. Roll Call A quorum was present. 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chair Penserga offered the following amendments: • Moving the entire CRA Projects in Progress section 13 A through G to after Business. • Clear the pending assignments for CRA Advisory, Items 10 A 1 and 2. He noted there is a new board and the Board should determine new priorities • Leaving ltems14 C and F, 15 A on the table. The items are substantial policy decisions and they will appoint a new member to the CRA and he wants fifth member to participate in the discussion • Adding Agenda Publication Date and Deadlines to New Business. 599 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida B. Adoption of Agenda Motion April 12, 2022 Board Member Vice Chair Hay moved to amend the agenda to move CRA Projects is Progress after New Business. Board Member Turkin seconded the motion . The motion passed unanimously. Chair Pensesrga requested a motion to clear CRA Advisory Board Assignment and tabling Items 14 C and F and 15 A and adding Agenda Publication Date and Deadlines to New Business. Motion Vice Chair Cruz so moved. Vice Chair Cruz moved to table Item 14 C . Board Member Turkin seconded the motion . The motion passed unanimously . Motion Vice Chair Cruz moved to table Item 14F. Board Member Turkin seconded the motion. The motion passed unanimously. Motion Board Member Hay moved to table item 15 A Vice Chair Cruz seconded the motion. The motion passed unanimously . Motion Vice Chair Cruz moved to add to New Business Publication Date and Deadlines. Board Member Board Member Hay seconded the motion. The motion passed unanimously. 6. Legal Kathryn Rossmell, Board Counsel , welcomed the new Board Members . No report was given. 7. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda Board Member Turkin disclosed he spoke with Nick Rojo briefly regarding 14 F . Board Member Hay had no disclosures. 2 600 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 OLD BUSINESS AGENDA ITEM 14.A SUBJECT: Discussion and Consideration of the Termination of the Purchase and Development Agreement with 306 NE 6th Avenue LLC for the CRA Owned Property located at 211 E. Ocean Avenue SUMMARY: At the March 9, 2022 meeting, the CRA Board approved a Purchase and Development Agreement (Agreement) between the CRA and 306 NE 6th Avenue, LLC for the CRA-owned property located at 211 E. Ocean Avenue (see Attachment I). The Agreement outlined the terms and conditions for the redevelopment of the site into a 3,000 square feet full-service restaurant consisting of five shipping containers for the adaptive reuse of the historic Magnuson House. The Agreement was executed on September 18, 2022, after final legal review by both parties (see Attachment II). Pursuant to Section 21.a, the developer was required to submit their site plan application to the City's Planning and Development Department by January 17, 2023 (120 days from effective date). CRA staff sent several courtesy reminders to representatives of 306 NE 6th Avenue, LLC regarding the site plan application submittal deadline to Planning and Zoning and the option to submit an extension request if needed (see Attachment III). At the February 13, 2023 meeting, the Board moved to table the request for an extension to the May 9, 2023 Board meeting, which passed unanimously (see Attachment IV). At the May 9, 2023 meeting, the CRA Board made a motion to extend the deadline to submit a site plan application six months from the May 9th meeting date. Therefore, 306 NE 6th Avenue LLC had until November 6, 2023, to submit the site plan application and as a result all other deadlines outlined in the development agreement would automatically be adjusted by the six month extension (see Attachment V). At the June 13, 2023 meeting, the CRA Board approved the First Amendment to the Purchase and Development Agreement between the CRA and 306 NE 6th Avenue, LLC for a six month extension from May 9, 2023 to November 6, 2023, to submit a Major Site Plan application to the City for a container restaurant on a CRA-owned parcel located at 211 E. Ocean Avenue (see Attachments VI). At the July 11, 2023 meeting, the CRA Board requested a project update at their next available 601 meeting (see Attachment VII). An email was sent to Mr. Barber on July 12, 2023, requesting the status on the following (see Attachment VIII): 1. Major site plan approval application submission dates and any meetings subsequent to 2. Development costs update (if different than previous) 3. Finance update (if different than previous) 4. Development timeline update On August 8, 2023, CRA staff provided an update to the Board that the development team for 306 NE 6th Avenue, LLC would need to submit a Major Site Plan application to Planning & Zoning by November 6, 2023 (see Attachment IX). On October 12, 2023, CRA staff provided a reminder to 306 NE 6th Avenue, LLC of the November 6, 2023 deadline, which was confirmed via email by Mr. Barber (see Attachment X). A follow-up email and phone call was made on October 16th, providing Mr. Barber additional clarification on the November 6th agenda deadlines and again on October 30, 2023 (see Attachment XI). On October 17, 2023, CRA staff sent an email to the City requesting an update on any meeting requests or site plan applications made by 306 NE 6th Avenue, LLC and City staff responded back that there were no updates or site applications submitted (see Attachment XII). One final confirmation was provided by City staff on November 6, 2023 that no site applications had been made (see Attachment XIII). At the November 13, 2023 meeting, the CRA Board discussed the project status with the representative for 306 NE 6th Avenue, LLC regarding the financing of the project, development timeline and historical designation. At the end of the discussion, the Board made a motion to table the item until the January 2024 Board meeting (see Attachment XIV). Following the November 13th meeting, staff reached out to 306 NE 6th Avenue requesting an update on the proof of financing. Emails were sent on November 14th, December 7th, December 12th, December 19th, December 29th and January 3rd (see Attachment XV). As of January 11, 2024, the proof of financing had not been provided and CRA legal has provided a draft Letter of Default for the Board's consideration. At the January 18, 2023 meeting, the Board made a motion to issue a Notice of Default letter to 306 NE 6th Avenue LLC. The letter was sent via email and certified mail on January 19, 2024 (see Attachment XVI & XVII). Pursuant to Paragraph 13.3 of the Purchase and Development Agreement, they have fifteen days from the delivery of the notice during which to cure the default. As of February 3, 2024, 306 NE 6th Avenue LLC did not respond, therefore, pursuant to Paragraph 25.17 the Purchase and Development will be terminated and the Seller is entitled to retain the $10,000 deposit (paragraph 13.1). CRA PLAN/PROJECT/PROGRAM: 2016 CRA Community Redevelopment Plan CRA BOARD OPTIONS: 1. Motion to formally terminate the Purchase and Development Agreement with 306 NE 6th Avenue, LLC, and authorize legal to send a notice of termination to the developer. 602 •Attachment I - Location Map •Attachment II - Fully Executed Purchase and Development Agreement •Attachment III - September 2022 - January 2023 Site Plan Application Reminders •Attachment IV - February 13, 2023 CRA Board Meeting Minutes •Attachment V - May 9, 2023 CRA Board Meeting Minutes Approving 6 Month Extension •Attachment VI - Fully Executed First Amendment dated July 13, 2023 •Attachment VII - July 11, 2023 CRA Board Meeting Minutes •Attachment VIII - July 12, 2023 Email to Anthony Barber Requesting Information for August Board Meeting Update •Attachment IX - August 8, 2023 CRA Board Meeting Minutes •Attachment X - October 12, 2023 Email •Attachment XI - October 16 & October 30 Email •Attachment XII - October 17 & October 18 Email with City Staff •Attachment XIII - November 6, 2023 City Staff Email •Attachment XIV - November 13, 2023 CRA Board Meeting Minutes •Attachment XV - November 2023 - January 2024 Email Notices •Attachment XVI - January 18, 2024 CRA Board Meeting Minutes •Attachment XVII - Notice of Default Letter 2. Do not approve the termination of the Purchase and Development Agreement with 306 NE 6th Avenue, LLC. 3. Provide alternative direction based on CRA Board discussion. ATTACHMENTS: Description 603 12/21/22, 12:16 PM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528030040130 1/2  View Property Record Owners BOYNTON BEACH CRA Property Detail Location 211 E OCEAN AVE Municipality BOYNTON BEACH Parcel No.08434528030040130 Subdivision BOYNTON TOWN OF Book 30053 Page 1135 Sale Date AUG-2018 Mailing Address 100 E OCEAN AVE FLOOR 4 BOYNTON BEACH FL 33435 4515 Use Type 2100 - RESTAURANT Total Square Feet 1736 Sales Information Sales Date Price AUG-2018 255000 SEP-2016 255000 FEB-2007 850000 APR-1995 75000 NOV-1994 100 1 2 Appraisals Tax Year 2022 Improvement Value $64,555 Land Value $343,475 Total Market Value $408,030 All values are as of January 1st each year Assessed/Taxable values Tax Year 2022 Assessed Value $256,807 Exemption Amount $256,807 Taxable Value $0 Taxes Tax Year 2022 Ad Valorem $0 Non Ad Valorem $184 Total tax $184 Search by Owner, Address or Parcel 604 12/21/22, 12:16 PM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528030040130 2/2605 PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part Ill, of the Florida Statutes (hereinafter "SELLER"), and 306 NE 6th Avenue LLC, or its affiliated assignee (hereinafter "PURCHASER", and together with the SELLER, the "Parties"). In consideration of TEN AND 00/100 DOLLARS ($10.00} and the mutual covenants and agreements herein set forth, the receipt and sufficiency of which is hereby acknowledged the Parties hereto agree as follows: 1. PURCHASE AND SALE /PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the real property legally described in Exhibit "A," attached hereto (hereinafter the "Property"). The Parties intend that the purchase and sale and ensuing redevelopment of the Property will be effectuated in order to reduce slum and blight and to enable the construction of an approximately 3,000 square foot restaurant consisting of five (5) shipping containers, the adaptive reuse of the historic Magnuson House, associated parking, and all other required development standards according to the City of Boynton Beach (collectively referred to as "the Project" and separately referred as "the Project Elements"). 2. PURCHASE PRICE AND PAYMENT. The Purchase Price for the Property shall be Ten AND 00/100 DOLLARS ($10.00) to be paid in full at Closing. SELLER has complied with Section 163.380, Florida Statutes, in proceeding w_ith the sale of the Property to PURCHASER. 3. DEPOSITS. An Initial Deposit in the amount of Ten Thousand AND 00/100 DOLLARS ($10,000.00) shall be deposited with Lewis, Longman & Walker, P.A. (hereinafter "Escrow Agent") within two (2) business days following execution hereof by the Parties. The Initial Deposit shall be fully refundable to PURCHASER, if prior to the expiration of the Feasibility Period (as hereinafter defined), the PURCHASER advises SELLER in writing that it does not intend to complete the purchase of the Property. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one of the SELLER and PURCHASER has signed this Agreement. 5. CLOSING. The PURCHASER'S obligation to close on the purchase of the Property is contingent on the following: a. PURCHASER obtaining a Certificate of Occupancy from the City of Boynton Beach, Florida (the "City") to operate a restaurant consisting of a approximately 3000 square feet within five (5) shipping containers, the adaptive reuse of the historic Magnuson House, associated parking, and all other required development standards according to the City of 01668796-4 PURCHASER's Initials:~ SELLER's Initials: £1f 606 PURCHASE AND DEVELOPMENT AGREEMENT Page 2 of22 Boynton Beach on the Property within the timeframe set forth in Paragraph 21 below. b. Seller delivering marketable title to the Property subject only to those title exceptions acceptable to the PURCHASER, all as more specifically set forth herein. 6. CLOSING DATE. The Closing shall take place thirty (30) days after PURCHASER receives its Certificate of Occupancy from the City pursuant to Section S(a) at such location to which the parties may mutually agree in writing. 7. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Special Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 8.3), to which PURCHASER fails to object, or which PURCHASER agrees to accept. 8. INVESTIGATION OF THE PROPERTY. For a period until twenty (20) days from the Effective Date ("Feasibility Period"), PURCHASER and PURCHASER'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at PURCHASER'S expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II environmental investigations, which PURCHASER may deem necessary. During the Feasibility Period, PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this Agreement. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date; (ii) shall repair and restore any damage caused to the Property by PURCHASER'S testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER'S testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, reasonable attorney's fees, for nonpayment for services rendered to PURCHASER {including, without limitation, any construction liens resulting therefrom) or for damage to persons or property arising out of PURCHASER'S investigation of the Property. PURCHASER'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 01668796-4 8.1 Seller's Documents. SELLER shall deliver to PURCHASER the following PURCHASER's Initials: 0(11 SELLER's Initials: e7f' 607 PURCHASE AND DEVELOPMENT AGREEMENT Page 3 of22 documents and instruments within five (5} days of the Effective Date of this Agreement: any existing title policies, appraisals, copies of any reports or studies (including environmental, engineering, surveys, soil borings and other physical reports) in SELLER'S possession or control with respect to the physical condition of the Property, copies of all permits, authorizations and approvals issued by Governmental Authorities for the Property and any correspondence which discloses claims, allegations or adverse information regarding the Property or SELLER with respect to the Property. 8.2 Title Review. Within thirty (30) days of the Effective Date, SELLER's counsel, as closing agent for the transaction contemplated herein (the "Closing Agent") shall obtain, at the SELLER'S expense, from a Title Company chosen by SELLER (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than twenty (20) days after receipt of the Title Commitment notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "PURCHASER'S Title Objections"). If PURCHASER fails to deliver PURCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) days to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable or unwilling to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty {30) day period at no cost to PURCHASER, or (ii) accepting the Title to the Property as ofthe time of Closing or (iii) canceling and terminating this Agreement, in which case, any Deposits shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 8.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/lOOth of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, 01668796-4 PURCHASER's Initials: rvf\ SELLER's Initials: ft \ 608 PURCHASE AND DEVELOPMENT AGREEMENT Page 4 of22 lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 8.2 concerning title objections. 9. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each ofthe following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by PURCHASER in writing: 9.1 Re presentations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 9.2 Pendin g Proceedin gs. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever involving the Property or the SELLER, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 9.3 Com pliance with Laws and Re gulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 10. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 10.1 Deed and Authorizin g Resolutions. SELLER shall furnish a Special Warranty Deed {the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions, together with such resolutions or other applicable authorizing documents evidencing approval of the transaction by the SELLER's governing body as the Closing Agent and the title Company may require. The Deed shall contain a deed restriction for the restaurant use for a minimum twenty (20) years from the date of the Certificate of Occupancy. 10.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law, that the SELLER will not record or enter into documents affecting the Property after the last effective date on the Title Commitment, and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured Title Objection. 01668796-4 10.3 Closin g Statement. A closing statement setting forth the Purchase Price, PURCHASER's Initials:~ SELLER's Initials: LrP 609 PURCHASE AND DEVELOPMENT AGREEMENT Page 5 of 22 all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also execute and deliver at Closing. 10.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 10.5 Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 11. PRORATIONS , CLOSING COSTS AND CLOSING PROCEDURES. 11.1 Prorations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill which discloses an actual difference in the amount of the taxes estimated at Closing that exceeds $1,000.00. 11.2 Closin g Costs. SELLER shall pay for documentary stamps on the deed, recording the deed and any cost associated with curing title. PURCHASER shall pay all other closing expenses. Each party shall be responsible for their respective attorneys' fees. 11.3 Closin g Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to the Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 11.4 Existin g Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 12. REPRESENTATIONS . COVENANTS AND WARRANTIES. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 01668796-4 PURCHASER's Initials: (1f'n SELLER's Initials: ~if' 610 PURCHASE AND DEVELOPMENT AGREEMENT Page 6 of22 12.1 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 12.2 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 12.3 Liti gation. There are no actions, suits, proceedings or investigations pending or threatened against SELLER or the Property affecting any portion of the Property, including but not limited to condemnation actions. 12.4 Parties in Possession. There are no parties other than SELLER in possession or with a right to possession of any portion of the Property. 12.5 Acts Affectin g Pro perty. From and after the Effective Date, SELLER will refrain from (a) performing any grading, excavation, construction, or making any other change or improvement upon or about the Property; (b) creating or incurring, or suffering to exist, any mortgage, lien, pledge, or other encumbrances in any way affecting the Property other than the Permitted Exceptions (including the mortgages, liens, pledges, and other encumbrances existing on the Effective Date) and (c) committing any waste or nuisance upon the Property. 13. DEFAULT. 13.1 PURCHASER'S Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, SELLER shall be entitled to retain the Deposit, and neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER. 13.2 SELLER'S Default. In the event that SELLER fails to fully and timely to perform any of its obligations and covenants hereunder or if SELLER is in breach of any representations herein, PURCHASER may, at its option (i) declare SELLER in default under this Agreement in which event PURCHASER may terminate this Agreement, receive back its Deposit and neither party shall have any further rights hereunder, except for those expressly provided herein to survive termination ofthis Agreement. 01668796-~ PURCHASER's Initials: @ SELLER's Initials: erf 611 PURCHASE AND DEVELOPMENT AGREEMENT Page 7 of 22 13.3 Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) business days from the delivery of notice. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 13.4 Survival. The provisions of this Section 13 shall survive the termination of this Agreement. 14. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: With a copy to: If to Purchaser: With a copy to: Boynton Beach Community Redevelopment Agency Thuy Shutt, Executive Director 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 Kenneth Dodge, Esquire lewis, Longman & Walker, P.A. 360 South Rosemary Avenue, Suite 1100 West Palm Beach, Florida 33401 306 NE 6th Avenue LLC 518 Clematis Street, Suite 3 West Palm Beach, FL 33401 Mr. Eduard Kotlyarov Kotlyarov Law Offices PLLC 4910 Communications Avenue, Ste 200 Boca Raton, Fl33431 15. BINDING OBLIGATION /ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER. It is understood, however, that SELLER may assign its interest to the City of Boynton Beach without the prior written consent of PURCHASER. This Agreement may be freely assigned by PURCHASER to a wholly owned or controlled assignee of 01668796-4 PURCHASER's Initials: (Jf'fJ SELLER's Initials: R ( 612 PURCHASE AND DEVELOPMENT AGREEMENT Page 8 of22 PURCHASER, and thereafter PURCHASER'S assignee shall be obligated to close the transaction contemplated herein as if such assignee were the original party to this Agreement. Any assignment by PURCHASER to an unrelated party shall be subject to the prior written approval of SELLER. A copy of the purchase agreement shall be provided to the CRA. 16. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, to terminate this Agreement and receive a refund of the Deposit and the parties shall have no further obligations under this Agreement, or PURCHASER may accept the Property without any reduction in the value of the Property. In the event of the institution of any proceedings by any Governmental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior to Closing, or in the event of the taking of any portion of the Property by eminent domain prior to Closing, SELLER shall promptly notify PURCHASER and PURCHASER shall thereafter have the right and option to terminate this Agreement by giving SELLER written notice of PURCHASER's election to terminate within fifteen {15) days after receipt by PURCHASER of the notice from SELLER. SELLER hereby agrees to furnish PURCHASER with written notice of a proposed condemnation within two (2) business days after SELLER's receipt of such notification. Should PURCHASER terminate this Agreement pursuant to this Section, the Deposit shall immediately be returned to PURCHASER and thereafter the Parties shall be released from their respective obligations and liabilities hereunder. Should PURCHASER elect not to terminate, the parties hereto shall proceed to Closing and SELLER shall assign all of its right, title and interest in all awards in connection with such taking to PURCHASER. 17. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement. 18. ENVIRONMENTAL CONDITIONS. To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 19. SELLER DESIGN APPROVAL The PURCHASER agrees that the SELLER shall have the right to reasonably approve the design of the Project. PURCHASER has submitted plans to the SELLER, attached hereto as Exhibit "B", which have been approved for submittal to the City for formal site plan approval. 20. PROJECT MODIFICATIONS. Nothwithstanding Section 21(d) of this Agreement, PURCHASER shall not make or authorize any medications to the Project or Project Elements without SELLER approval, which shall not be unreasonably withheld. 21. DEVELOPMENT TIM ELINE. PURCHASER is required to achieve the following items described below in this Section (collectively the "Project Elements"). Achievement ofthe Project 016687%-4 PURCHASER's Initials: rxn SELLER's Initials: 'H_l 613 PURCHASE AND DEVELOPMENT AGREEMENT Page 9 of 22 Elements must be documented in writing, and such writing must be provided to the SELLER upon completion of each item. a. Submission of application to the City for site plan approval for the Project within one hundred twenty (120) days from the Effective Date. b. Achievement of site plan approval for the Project from the City within one hundred eighty (180) days of submittal of a formal site plan application to the City of Boynton Beach. c. Approval of financing for the Project including the construction loan and permanent financing commitment in a form acceptable to SELLER in an amount sufficient to develop the Project on or before receiving site plan approval from the City. PURCHASER shall provide SELLER proof that the permanant financing commitment is either a) signed by an authorized signatory of an accredited financial institution (the "Lender") demonstrating that the Project has been underwritten by the Lender and that Lender intends on financing the Project, or b) that the entity providing the permanent financial commitment has the financial ability to fund the Project and that such entity intends to finance the Project, which proof must be in a form acceptable to SELLER. d. In the event that the adaptive reuse of the Magnuson House is not possible, then PURCHASER may pursue the removal of the historic designation. PURCHASER must provide notice to SELLER it intends to remove the historic designation at least thirty (30) days before formally initating the process to remove the designation. PURCHASER must also request an Amendment to this Agreement to remove the the adaptive reuse of the historic Magnuson House as a Project Element and to replace it with an alternative Project Element, which request SELLER will not unreasonably refuse so long as the alternative Project Element furthers the Boynton Beach CRA Redevelopment Plan. If such historic designation is removed, then the Magnuson House may be demolished or moved so long as SELLER has approved an alternative Project element and this Agreement has been amended to reflect the same. e. Submission of construction documents for the Project to the City for a building permit within ninety (90} days of obtaining formal site plan approval. Proof of permit application and applicable impact fees paid will be provided to the SELLER upon submission to the City. Upon City issuance of the building permit a copy will be provided to SELLER. f. Issuance of a Certificate of Occupancy to be provided within twelve (12) months following building permit issuance. g. Ribbon cutting ceremony to occur within sixty {60) days of achieving a Certificate of Occupancy. 22. SITE SECURITY. PURCHASER shall develop and implement an effective security program for protection of the Project while construction is in progress at PURCHASER's sole cost 01668796-4 PURCHASER's Initials ~ SELLER's Initials;\....,~~'-'-'-- 614 PURCHASE AND DEVELOPMENT AGREEMENT Page 10 of 22 and expense. PURCHASER shall secure, protect and be responsible for, and shall provide all necessary or desirable measures for security and protection at and on the Property, and of all materials, supplies, tools and equipment and all other improvements and personal property at the Property or in the vicinity of the Property, whether or not incorporated into the Project including, but not limited to, utilizing fences, gates, cameras, and patrols (which shall include such number of duly qualified guards, on a 24-hour basis, as PURCHASER (in consultation with and to the satisfaction of SELLER) shall deem adequate to ensure security of the Property). The PURCHASER shall take any and all precautions that may be reasonably necessary to render all portions of the Property, the Project, the site and any adjacent areas affected by the Project secure in every respect, to decrease the likefihood of accidents from any cause, and to avoid vandalism and other contingencies which are liable to delay the Work or give rise to any claims or liabilities. The PURCHASER shall provide all necessary facilities to provide safe means of access to all points where the Work is being performed. 23. DEFAULT. Failure of the Parties to strictly comply with any of the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If either Party fails to cure the default within {30) days of written notice from the other of its default, then this Agreement may be terminated pursuant to Section 25.17 below. Failure of PURCHASER to complete the Project as described above in Section 1 and/or to comply with the Development Timeline set forth in Section 21, shall constitute an act of default. If such an event of default occurs prior to Closing SELLER shall be entitled to the Deposit in full as final satisfaction of PURCHASER's obligations hereunder. SELLER agrees to work reasonably with PURCHASER in working within the timeframes set forth above. 23.2 Ri ght of First Refusal. PURCHASER hereby grants SELLER a Right of First Refusal for repurchase of the Property which shall be in full force and effect for a period of five (5) years from the date PURCHASER obtains its Certificate of Occupancy. The terms and conditions of this right shall be set forth within the Special Warranty Deed as follows: a. Should PURCHASER receive a written offer to purchase the Property pursuant to a written contract or letter of intent, PURCHASER shall give SELLER notice of the offer by delivering a copy of the contract or letter of intent to SELLER ("Notice") pursuant to the Notice requirements of Section 14 above within two (2) business days of receipt. Within ten (10) days of receipt of the Notice, SELLER shall either waive or exercise its right of first refusal. If SELLER elects to exercise its right of first refusal, SELLER shall, within ten (10) days after receipt of the Notice, deliver to PURCHASER an agreement to purchase the Property on the same terms as set forth in the Notice including the delivery of a deposit (if applicable), and upon receipt by the PURCHASER of the foregoing from the SELLER, PURCHASER and SELLER shall enter into a Purchase and Sale Agreement upon substantially the same terms and conditions as the Notice. If SELLER fails to exercise or waive its right of first refusal in accordance with the terms and conditions stated herein, within ten (10} days after receipt of the Notice, then SELLER's right of first refusal shall be deemed to have been waived. The terms and conditions of this Section shall 016687!16-4 PURCHASER's Initials:(!] SELLER's Initials: tlf 615 PURCHASE AND DEVElOPMENT AGREEMENT Page 11 of22 survive Closing. 24. REFUNDING. Should the PURCHASER sell the Property for a profit above $3M, within seven (7) years of the Effective Date, PURCHASER shall repay to SELLER an amount equal to the appraised value of the Property as indicated in the December 2021 appraisal. 25. MISCELLANEOUS. 25.1 General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 25.2 Com putation of Time. Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full business day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 25.3 Waiver. Neither the failure of a party to insist upon strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 25.4 Indemnification. The PURCHASER shall indemnify, save, and hold harmless the SELLER, 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 SELLER, its 01668796-4 PURCHASER's Initials: (Q\m SELLER's Initials: R_ 616 PURCHASE AND DEVELOPMENT AGREEMENT Page 12 of 22 agents, or its employees, by reason of any property or other damages or personal injury, including death, sustained by any person or entity r, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the PURCHASER or the performance of this Agreement by or PURCHASER's employees, agents, partners, principals, or subcontractors. This paragraph shall not be construed to require PURCHASER to indemnify the SELLER for its own negligence, or intentional acts of the SELLER, 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. 25.5 Insurance. The PURCHASER shall obtain all insurance required by the SELLER and provide proof thereof at least 10 days prior to the start of construction of the Project, and include, along with an executed copy of this Agreement, a Certificate of Insurance ("COl") for comprehensive general liability insurance with a liability limit of at least $1,000,000 per occurrence. Additional insurance requirements for contractors hired by PURCHASER may be found in "Exhibit C" which is hereby incorporated herein. The Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of the this Agreement. The SELLER shall be included as "Additional Insured" with respect to liability arising out of services performed by the PURCHASER by or on behalf of the SELLER or acts or omissions of the PURCHASER in connection with providing Contractor Services pursuant to this Agreement. The Certificate must include the following as an additional insured party: Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue 4th Floor Boynton Beach, Florida 33435 25.6 Pa vment and Performance Bond. Prior to the construction commencement date, the PURCHASER shall obtain, for the benefit of and directed to the SELLER, a Payment and Performance Bond covering the faithful performance by the PURCHASER of its obligations under the contract documents, including but not limited to the construction of the project on the project site and the payment of all obligations arising thereunder, including all payments to Subcontractors, laborers, and material men. These Bonds shall remain in effect at least until one year after the termination of this Agreement. The surety selected by the PURCHASER to provide the Payment and Performance Bond shall be approved by the SELLER prior to the issuance of such bond, which approval shall not be unreasonably withheld or delayed provided that the surety is rated A or better by Best's Key Guide, latest edition. If SElLER approves changes to the Project that results in an increase in the cost of the Project, SELLER reserves the right to require the PURCHASER to secure and deliver additive riders to the Payment and Performance Bond. 016fill796-4 PURCHASER's Initials: (,\(\!] SELLER's Initials: W \ -=-.:.....:....- 617 PURCHASE AND DEVELOPMENT AGREEMENT Page 13 of 22 If the surety on any Bond furnished by PURCHASER is declared bankrupt or becomes insolvent or its right to do business is terminated in the state of Florida or it ceases to meet the requirements above, Purchaser shall within five days thereafter substitute another Bond and Surety. Purchaser's failure to furnish a substitute surety shall constitute a material breach of the Agreement and shall give the CRA the immediate right to terminate the Agreement. 25.7 Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any ofthe Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 25.8 Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 25.9 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by SELLER and PURCHASER shall control all printed provisions in conflict therewith. 25.10 Waiver of Ju ry Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SEUER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 25.11 Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. However, SELLER's obligation under this section shall not exceed the statutory limits provided within Section 768.28, Florida statutes, and nothing in this Agreement shall be deemed a waiver of SELLER's sovereign immunity rights. 25.12 Bindin g Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 25.13 No Recordin g. This Agreement shall not be recorded in the Public Records of Palm Beach County, Florida without the prior approval of both parties. 01668796-4 PURCHASER's Initials: nf\r\ SELLER's Initials:-~~~ / 618 PURCHASE AND DEVELOPMENT AGREEMENT Page 14 of 22 25.14 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the Deed and PURCHASER'S possession of the Property. 25.15 PURCHASER Attorne ys' Fees and Costs. PURCHASER acknowledges and agrees that PURCHASER shall be responsible for its own attorneys' fees and all costs, if any, incurred by PURCHASER in connection with the transaction contemplated by this Agreement. 25.16 Public Records. SELLER is public agency subject to Chapter 119, Florida Statutes. The PURCHASER shall comply with Florida's Public Records law. Specifically, the PURCHASER shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in connection with this Agreement; b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and at a cost that does not exceed that provided in Chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining and providing public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the SELLER in a format that is compatible with the information technology systems of the SELLER. SELLER shall, upon request, provide guidance to PURCHASER as to the public records keeping and reporting duties that are imposed upon PURCHASER as provided above and shall take all steps reasonably required to assist PURCHASER in not violating them. The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If PURCHASER fails to cure the default within seven (7) days' notice from the SELLER the SELLER may terminate the Agreement. 25.17. Termination. The obligations of PURCHASER and SELLER shall terminate upon the earlier of (i) the Closing; or (ii) an event of default as defined herein. 01668796-4 PURCHASER's Initials: ()rv1 SELLER's Initials:~ 619 PURCHASE AND DEVELOPMENT AGREEMENT Page 15 of22 IN WITNESS WHEREOF, the Parties have executed this Agreement as ofthe Effective date. PURCHASER: 306 NE 6th AVENUE LLC 01 ) Printed Name: f2.ootJ~ fY!1Avt Q Ti tle: _ _,__fVl--'--'A=fJ=•4....,./r'-'l'"'"'(\)'"""6-_N1--=-~__,f)"-'011-=-=----- Date: __ tJ...L.+-J/Ic.....,'}L-..4[_2 "'--'0,__,2==--=?-=------ WITNESS: ·F': -. ) k'l ··)/ 1 '-1 Yl/'-.... I ' . D · 0 Printed Name: _K_,___,_r=----.::tS::...c...:-c.=-''-' ~-'-\)-'-"0"'"'{-=L..T·c_Jz--'---_ I. ) SELLER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Title: Chair Date: ----ff-f;;.....:lc....:B=-+-h_'ZD_z._'l-____ _ I / WITNESS: \;«b. Approved as to form and legal sufficiency:. ____________ _ CRA Attorney PURCHASER's Initials: SELLER's Initials: 01668796-4 620 PURCHASE AND DEVELOPMENT AGREEMENT Page 16 of 22 EXHIBIT 11A" LEGAL DESCRIPTION Lots 13 and 14, ORIGINAL TOWN OF BOYNTON BEACH, according to the Plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida. Said lands situated in the City of Boynton Beach, Palm Beach County, Florida and containing 13,936 square feet (0.32 acres) more or less. Property Control Number: 08-43-45-28-03-004-0130 LOCATION MAP 01668796-4 PURCHASER's Initials: (OrVl SELLER's Initials: &'fr 621 PURCHASE AND DEVELOPMENT AGREEMENT Page 17 of 22 EXHIBITS CONCEPTUAL DRAWINGS 01668796-'1 PURCHASER's Initials: t\{y) SELLER's Initials: L.# 622 ·" •0 :. NOT RECOVERED -.:t :::,.::: u 0 _J m 1- 0 _J 0.5' w ... = §;?0 ~ ... o §0 li?S::J ;, • 4 ·." B L 0 C K 4 H.ir .. . ·<l .. • . • f-0 P...--+-'--...::.,'-'-'---+=--1'!"! BO ~:z 15.93+ PK NAIL EL.=15.78') /- ASPHALT +15.42 - -<t PAVEMENT E. OCEAN AVENUE SOD "' + (() ~ N tO ~I 20' 5 o:l 0 z 0 FE</: "'~ 0 ul= z:z S::J n, ... i':l· 0 0 (/) 14. ? CD SS 0 0 (f) +14.96 NOT RECOVERED (50' APPARENT PUBLIC R/W PER P.B. 1/23, P.B.C.R.) Call48h'"~~ before you dig It's the law! 1~:-:o .. ~~~o.H. + 1--z UJ :::!: ~ < Q_ I- -' < :I: Q_ Ul < 14.33 20' +14.56 @RIM (.!) z Ci -' 5 CD 1--z UJ u < ..., Cl < N88"48'16"W GRAPHIC SCALE Location Map LOCATION: ·BOYNTON BEACH, Fl PROPERlY CONTROL NUMBER: .08-43-45-21HJ3-0(J4.{)130 LEGAL DESCRIPTION ·TOWN OF BOYNTON LTS 13 & 14 BLK 4 ZONING ORDINANCES: AGREEMENT WITH lliE CRA TO UTIUZElliE CRA PARKING LOT AT THE CORNER OF • - NTS NE 1ST AVENUE AND NE 1ST STREET (WilliiN THE 500 FOOT DISTANCE ALLOWED UNDER lliE OCEAN AVENUE OVERLAY ZONE REGULATIONS). SEATING CAPAOTY:181SEATS 182/2.5 = 73 PARKING SPACES OCEAN AVENUE OVERLAY ZONE ALLOWS A REDUcnON OF 50% PARKING CALCULATIONS (1 PER 25 SEATS) AGREEMENT WITH lliE CRA TO UTIUZE lliE CRA PARKING LOT AT THE CORNER OF NE 1ST AVENUE AND NE 1ST STREET (WilliiN lliE 500 FOOT DISTANCE ALLOWED UNDER THE OCEAN AVENUE OVERLAY ZONE REGULATIONS) • MINIMUM LOT FRONTAGE: 50 FEET BUILD TO UNE: FRONT: SFT TO 15FT CORNER SIDE: SFTTO 15FT MINIMUM YARD SET BACKS: -REAR: lOFT ABUTTING: RESIDENllAL DISTRICT: 20FEET INTERIOR SIDE: 7 5 FEET ABUTTING: HISTORIC STRUCTURES: 10 FEET MAXIMUM LOT COVERAGE: 65% MAXIMUM STRUCTURE HEIGHT: 35'.0" 1" = 10' 0 z 0:: w ...J w w I ~ ~ w :::::> z w > <C z <C w 0 0 1- (JJ <C w ..- C\1 z <( ....J a. w 1- c:n ~ i @ DATE 07/30121 DRAWN BY GAH F.BJPG. - SCALE 1120 SUB"'ITT£0 BY- G. M.LAH HENDRICKS LANDSCAPE ARCHITECT No.LAf>61!6974 s2g ¥kF~~~~ DATE U JOB# 9603 SHT.NO. SP-1 OF 1 SHEETS 623 ' --r . ·~~ .,...nm:::r1rmni'TriTT!=.:r=n:l ;:rn;:,n;~:r=rn~, ][1'Jlili1ITtJ1JJ1TIJJITilliB1Tf~~~~ · ~ 1: I II r ~~~1m 1111" l tl ~ . ' ' ' ' ' ' L-----------------------~ ~ 40' KITCHEN I WALK-IN COOLER I r= J I .. --~ il l j I I EQUIPMENT SUGGESTJON L--~---~-~-1..-..--~---------' ':;1~ -- ~20'COOLER A-16 1/4"; 1'-0' ; -· -·:p" t ASANTE DESIGN GROUP LLC ocdt~··~·_pb1rWng 52SS~~~~315 1561.349.5151 f561.349..5l52 IINIW.osontedeslgngroup.com M261XJ3500 THIS DOCUMENT IS THE PROPERTY OF ASANTE DESIGN GROUP li..C AND SHAll NOT BE REPRODUCED WITHOUT THE WRITTEN CONSENT OF ASANTE DESIGN GROUP LLC _'U U! H U l t REVIEW SET NOT FOR CONSTRUCTION THIS DRAWING IS NOT FOR CONSTRUCTION, IT HAS BEEN ISSUED FOR PRELIMINARY REVIEW ONLY. w ::::» z w....J w =>u. > z -WI <( >u z <(<( zW <( <(a::l wz w uo u 01-.z 0 W>- w ..-o Ncc "'"'" "'"'" N GRAPHIC ILLUSTRATIONS Client Name 211 E OCEAN AVENUE Pro}Ktnumber Date 0026121 Project Manager JLS Drawn By AB A-16 S<•• lf4"•1'.Q" 624 PURCHASE AND DEVELOPMENT AGREEMENT Page 20 of 22 EXHIBITC ADDITIONAL INSURANCE REQUIREMENTS A. General: All Contractors hired by PURCHASER shall purchase and maintain such comprehensive general liability, worker's compensation, professional liability, and other insurance as is appropriate for the Project being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance and furnishing of the Project and Contractor's other obligations under the Contract Documents, whether it is to be performed or furnished by Contractor, by any subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Project, or by anyone for whose acts any of them may be liable. Before starting and during the term of this Agreement, the Contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs B.1-4, inclusive below. The endorsement for all insurance required under this paragraph shall contain the required language, "The Boynton Beach Community Redevelopment Agency, including its Members, Officers, Employees, and Agents" in the Description box. A waiver of subrogation endorsement is required with the required language on all policies. B. Coverage: Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 016687964 1. Workers' Compensation. Coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. Contractor shall require all subcontractors to maintain workers compensation during the term of the Agreement and up to the date of final acceptance. Contractor shall defend, indemnify and save the SELLER harmless from any damage resulting to them for failure of either Contractor or any subcontractor to take out or maintain such insurance. A Waiver of Subrogation Endorsement is required with the required language in the description box. Employers' Liability with statutory limits of $100,000 per person, $500,000 per occurrence, $100,000 per disease. 2. Comprehensive General Liability or Commercial General Liability coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as filed by the Insurance Services Office and must include: a. Minimum limits of total coverage shall be $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and $1,000,000 Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; and $2,000,000 general aggregate. PURCHASER's Initials: SELLER's Initials: 625 ,_ PURCHASE AND DEVELOPMENT AGREEMENT Page 21 of 22 b. Premises and/or Operations. c. Independent Contractor. d. Products and/or Completed Operations. Contractor shall maintain in force until at least three (3) years after completion of all services required under the Agreement, coverage for products and completed operations, including Broad Form Property Damage. e. XCU Coverages. f. Broad Form Property Damage including Completing Operations. g. Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless and/or indemnification agreement. h. Personal Injury coverage with employees and contractual exclusions removed. i. The Contractor shall either require each subcontractor to procure and maintain, during the life of the subcontract, insurance of the type and in the same amounts specified herein or insure the activities of subcontractors in his own insurance policy. 3. Business Auto Policy. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a. Minimum limit of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Owned Vehicles c. Hired and Non~Owned Vehicles d. Employee Non~Ownership 4. All Risk Property Insurance. Coverage must include real and personal property and in an amount equal to the replacement cost of all real and personal property of the SELLER's for which the Contractor is responsible and over which he exercises control. Builders Risk insurance must be provided to cover Property under construction and an Installation Floater must cover all machinery, vessels, air conditioners or electric generators to be installed. This insurance shall include a waiver of subrogation as to the SELLER, the Contractor, and their respective officers, agents, employees, and subcontractors. Coverage to be provided on a full replacement cost basis. C. A Certificate of Insurance acceptable to the SELLER shall be provided listing the above coverages and providing 30 days prior written notice to the SELLER in the case of cancellation, restriction or change of insurer. Should Contractor permit any required coverage to lapse, SELLER may, but is not required to, immediately terminate this Contract. The SELLER shall be named as an additional insured on all policies of insurance PURCHASER's Initials: SELLER's Initials: 626 PURCHASE AND DEVELOPMENT AGREEMENT Page 22 of 22 (including products). The following information must be included in the Certificate of Insurance for the additional insured: Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 Contractor is advised to require all of its subcontractors to provide the aforementioned coverage as well as any other coverage that the Contractor may consider necessary, and any deficiency in the coverage's or policy limits of any subcontractors will be the sole responsibility of the Contractor. Contractor shall provide proof of coverage by its subcontractors upon SELLER's request. PURCHASER's Initials: SELLER1 s Initials: 627 1Nicklien, BonnieFrom:Tony Pintsopoulos <tonyp@subculturegroup.com>Sent:Monday, January 23, 2023 1:22 PMTo:Shutt, ThuyCc:Utterback, Theresa; Tack, Timothy; Curfman, Vicki; mrabarber@me.com; Nicklien, Bonnie; tduhy@llw-law.com; 'Ken Dodge'; 'Kathryn Rossmell'; Radigan, Amanda; Temple, Adam N.Subject:RE: 211 E. Ocean Ave Site Plan Application DateAnthony is going to either call you or stop by. Thanks Tony Pintsopoulos, CPA SubCulture Group, LLC 518 Clematis Street, Suite 3, West Palm Beach, FL 33401 Phone 954-689-6632 www.sub-culture.org From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Monday, January 23, 2023 12:43 PM To: Tony Pintsopoulos <tonyp@subculturegroup.com> 628 2Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Tack, Timothy <TackT@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us>; mrabarber@me.com; Nicklien, Bonnie <NicklienB@bbfl.us>; tduhy@llw‐law.com; Ken Dodge (kdodge@llw‐law.com) <kdodge@llw‐law.com>; Kathryn Rossmell <krossmell@llw‐law.com>; Radigan, Amanda <RadiganA@bbfl.us>; Temple, Adam N. <TempleA@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Good morning, Tony, This is a building permit application submittal not a Site Plan Application per our previous discussion at the Pre‐Application meeting with the design consultant team and Anthony (see attached string of emails regarding the site plan approval process). The documents submitted on 1/17/23 at 5:49 PM rejected on 1/17/23 at 5:55 PM. An email was sent to Anthony to notify him. This is out of compliance with our agreement and unfortunately will need to go to the Board as this exceeds staff’s authority. We will be scheduling this for the February 13, 2023 CRA Board meeting for direction. We will send you the agenda item once it is finalized and published on the web on February 6, 2023. We will also send you the link to participate virtually when that is available. I would advise you to have representation at the meeting. As always, feel free to contact me if you have additional questions. 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 ShuttT@bbfl.us | http://www.boyntonbeachcra.com America's Gateway to the Gulfstream 629 3Please 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: Tony Pintsopoulos <tonyp@subculturegroup.com> Sent: Friday, January 20, 2023 3:48 PM To: Nicklien, Bonnie <NicklienB@bbfl.us>; mrabarber@me.com; r@subculturegroup.com Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Same to you. Thanks Tony Pintsopoulos, CPA SubCulture Group, LLC 518 Clematis Street, Suite 3, West Palm Beach, FL 33401 Phone 954-689-6632 www.sub-culture.org From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Friday, January 20, 2023 3:46 PM 630 4To: Tony Pintsopoulos <tonyp@subculturegroup.com>; mrabarber@me.com; r@subculturegroup.com Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Thank you, Tony! I will follow up with City Staff and get back with you. Have a great weekend, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@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: Tony Pintsopoulos <tonyp@subculturegroup.com> Sent: Friday, January 20, 2023 3:44 PM To: Nicklien, Bonnie <NicklienB@bbfl.us>; mrabarber@me.com; r@subculturegroup.com 631 5Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Hi Bonnie, See below proof of submission that Anthony got when he filed on Tuesday. Let me know if you found it. 632 6633 7 Thanks Tony Pintsopoulos, CPA SubCulture Group, LLC 518 Clematis Street, Suite 3, West Palm Beach, FL 33401 Phone 954-689-6632 www.sub-culture.org From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Friday, January 20, 2023 11:32 AM To: Tony Pintsopoulos <tonyp@subculturegroup.com>; mrabarber@me.com; r@subculturegroup.com Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Good Afternoon Tony and Team, I am reaching out on behalf of Thuy regarding your site plan application deadline on January 17, 2023. As of today, the City has not received a site plan application for 211 E. Ocean Avenue. Please submit any request/supportive documentation for an extension to your site plan application deadline no later than January 30th in order to make the packet publication for the February 13, 2023 Board meeting. 634 8We ask that at least one person from your development team to attend the meeting to answer any questions the Board may have. The meeting is held at 6:00 PM in Commission Chambers at City Hall. Once we receive your request, we will provide additional meeting participation details. Please reach out with any questions. Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@bbfl.us | http://www.boyntonbeachcra.com America's Gateway to the Gulfstream 635 From:Shutt, Thuy To:mrabarber@me.com Cc:Utterback, Theresa; Tack, Timothy; Nicklien, Bonnie; Tony Pintsopoulos; r@subculturegroup.com Subject:RE: 211 E. Ocean Ave Site Plan Application Date Date:Friday, January 6, 2023 5:10:00 PM Attachments:Fully Executed P&D Agreement - 211 E Ocean Avenue.pdf image012.png image014.png image015.png image016.png image017.png image018.png image019.png image020.png image021.png image022.png Good afternoon, Happy New Year! This is a follow up to my vm I left on your phone today. Since our phone conversation on 12/20, the CRA has not received a request for an extension to the site plan application submission deadline pursuant to Section 21.a of the attached PDA. This is good news since you had indicated when we talked that you will know more on the status of the application and if you will need an extension after your team meeting that Thursday night. As a friendly reminder, the deadline for submission is 120 days from the Effective date (9/18/22) is 1/16/23 (not the 17th as indicated in the email below). Please be advised that the City and CRA will be closed on January 16th for MLK Jr. Holiday so please plan accordingly. We don’t want you to miss the deadline and not be in compliance with our agreement. If you have any questions, please feel free to contact me or Bonnie Nicklien. Thank you. 636 9Please 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: Tony Pintsopoulos <tonyp@subculturegroup.com> Sent: Tuesday, December 20, 2022 9:13 AM To: Nicklien, Bonnie <NicklienB@bbfl.us>; mrabarber@me.com; r@subculturegroup.com Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Hi Nickie, LOL. We are on the same page. Look what came up on my calendar today. I am hoping to meet Anthony today and get an update. Happy Holidays to you. Thanks 637 10Tony Pintsopoulos, CPA SubCulture Group, LLC 518 Clematis Street, Suite 3, West Palm Beach, FL 33401 Phone 954-689-6632 www.sub-culture.org 638 11From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Tuesday, December 20, 2022 9:08 AM To: Tony Pintsopoulos <tonyp@subculturegroup.com>; mrabarber@me.com; r@subculturegroup.com Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Good Morning All, I wanted to send you another friendly reminder before we break for the holidays. Your site plan application deadline is January 17th, 2023. Can you believe it’s almost 2023?! Please let us know if you have any questions. Wishing you all a wonderful holiday season! Best Regards, Bonnie Bonnie NicklienGrants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@bbfl.us | http://www.boyntonbeachcra.com 639 12 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: Tony Pintsopoulos <tonyp@subculturegroup.com> Sent: Tuesday, November 22, 2022 12:41 PM To: Nicklien, Bonnie <NicklienB@bbfl.us>; mrabarber@me.com; r@subculturegroup.com Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Happy Thanksgiving to you also. Anthony says he has it under control, however, please keep reminding us. Thanks Tony Pintsopoulos, CPA SubCulture Group, LLC 518 Clematis Street, Suite 3, West Palm Beach, FL 33401 Phone 954-689-6632 www.sub-culture.org 640 13From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Tuesday, November 22, 2022 10:01 AM To: Tony Pintsopoulos <tonyp@subculturegroup.com>; mrabarber@me.com; r@subculturegroup.com Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Good Morning Everyone, Stopping in to wish you all a wonderful Thanksgiving and also provide another monthly reminder as you approach your site plan application deadline on January 17th. Please let us know if we can help with anything. Otherwise, I will touch base again in another few weeks. Wishing you and yours a great Holiday, Bonnie Bonnie NicklienGrants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@bbfl.us | http://www.boyntonbeachcra.com 641 14 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: Tony Pintsopoulos <tonyp@subculturegroup.com> Sent: Wednesday, October 26, 2022 2:57 PM To: Nicklien, Bonnie <NicklienB@bbfl.us>; mrabarber@me.com; r@subculturegroup.com Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Hi Bonnie, Rodney, Anthony and I met yesterday, and Anthony is in process on this. HOWEVER, please keep reminding us. We appreciate it. 😉 Thanks Tony Pintsopoulos, CPA SubCulture Group, LLC 518 Clematis Street, Suite 3, West Palm Beach, FL 33401 Phone 954-689-6632 www.sub-culture.org 642 15From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Wednesday, October 26, 2022 2:42 PM To: Tony Pintsopoulos <tonyp@subculturegroup.com>; mrabarber@me.com; r@subculturegroup.com Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us> Subject: 211 E. Ocean Ave Site Plan Application Date Good Afternoon Tony and Team, I wanted to send a friendly reminder before we all get wrapped up in the excitement of the holiday season that your site plan application to the City is due by January 17, 2023 (see paragraph 21.a. of our agreement) Please let us know if we can help coordinate any pre‐application meetings with City staff to discuss your project in more detail. Best Regards, Bonnie Bonnie NicklienGrants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 643 16NicklienB@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. 644 From: Shutt, Thuy Sent: Saturday, September 10, 2022 4:26 PM To: Tony Pintsopoulos <tonyp@subculturegroup.com>; 'Anthony Barber' <mrabarber@me.com>; Tack, Timothy <TackT@bbfl.us> Subject: RE: City Commission Agenda for June 21, 2022 Yes, the location is very desirable. We just want to keep this moving because we have had a lot of inquiries about the status of the Magnuson House and the historical designation. As you know, there are three new CRA Board members who also may get questions from the public also. We will keep you in the loop. From: Tony Pintsopoulos <tonyp@subculturegroup.com> Sent: Saturday, September 10, 2022 2:11 PM To: Shutt, Thuy <ShuttT@bbfl.us>; 'Anthony Barber' <mrabarber@me.com>; Tack, Timothy <TackT@bbfl.us> Subject: RE: City Commission Agenda for June 21, 2022 645 Thanks Thuy. Not unexpected with such a beautiful location and property. I am sure that Anthony is on top of it and we will get you what you need. Loop me in going forward and I will help expedite the process from our end if possible. Thanks Tony Pintsopoulos, CPA SubCulture Group, LLC 518 Clematis Street, Suite 3, West Palm Beach, FL 33401 Phone 954-689-6632 www.sub-culture.org From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Saturday, September 10, 2022 2:07 PM To: Tony Pintsopoulos <tonyp@subculturegroup.com>; 'Anthony Barber' <mrabarber@me.com>; Tack, Timothy <TackT@bbfl.us> Subject: Re: City Commission Agenda for June 21, 2022 The reason why I asked about P&D staff is they have old us you will need to go through a formal site pan approval process to modify the existing approval before permitting. There they will have other City departments involved. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android 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 646 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: Tony Pintsopoulos <tonyp@subculturegroup.com> Sent: Saturday, September 10, 2022 1:59:05 PM To: Shutt, Thuy <ShuttT@bbfl.us>; 'Anthony Barber' <mrabarber@me.com>; Tack, Timothy <TackT@bbfl.us> Subject: RE: City Commission Agenda for June 21, 2022 Hi Thuy, I think Anthony just provided it yesterday. I attached the email. Is there anything else missing? I have not spoken with Planning and Development, but maybe Anthony will. I have spoken with our insurance company and once we get the contract and more specifics, as you also mentioned, we can get a bond. Thanks Tony Pintsopoulos, CPA SubCulture Group, LLC 518 Clematis Street, Suite 3, West Palm Beach, FL 33401 Phone 954-689-6632 www.sub-culture.org From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Saturday, September 10, 2022 1:55 PM To: Tony Pintsopoulos <tonyp@subculturegroup.com>; 'Anthony Barber' <mrabarber@me.com>; Tack, Timothy <TackT@bbfl.us> Subject: Re: City Commission Agenda for June 21, 2022 Yes, we have been ready to sign and needed your team to completed highlighted info in the draft that was forwarded in July. As to the bond and insurance, these are specific to each job and depends on the who is on the job. We are willing to have a discussion about this if you want but we know this is more coordination than other container jobs, the City may have requirements for the prime contractor also. Have you spoken to Planning and Development staff? Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android Thuy Shutt, AIA, FRA‑RA Executive Director Boynton Beach Community Redevelopment Agency 647 100 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. From: Tony Pintsopoulos <tonyp@subculturegroup.com> Sent: Saturday, September 10, 2022 12:11:46 AM To: Shutt, Thuy <ShuttT@bbfl.us>; 'Anthony Barber' <mrabarber@me.com> Subject: RE: City Commission Agenda for June 21, 2022 Thank you, but does that mean you will now sign the Purchase and Development Agreement? We came across the same issue when applying for the Bond. They were asking for a signed agreement. Also, the container proposal, attached, is a large portion of the cost and will be assembled offsite and not through any GC. We appreciate your efforts. Thanks Tony Pintsopoulos, CPA SubCulture Group, LLC 518 Clematis Street, Suite 3, West Palm Beach, FL 33401 Phone 954-689-6632 www.sub-culture.org From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Friday, September 9, 2022 11:31 PM To: Anthony Barber <mrabarber@me.com> Cc: Tony Pintsopoulos <tonyp@subculturegroup.com> 648 Subject: Re: City Commission Agenda for June 21, 2022 Ok. Will have staff make these changes since I am booked until after the CRA Board meeting on Tues. 9/13. It is good you are working on the bond but that may not be needed until you have pricing and/GC, right? A more accurate project cost may be obtained after you go through the City’s site plan approval process (in case there are other City requirements). Thanks. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android 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. 649 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2023 f. 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 Ms. Shutt provided an update on the project located at 211 E Ocean Avenue. Chair Penserga left the dais at 8:35 P.M. and returned to the dais at 8:37 P.M. Ms. Julia Chip, building architect, introduced other team members and she asked for a 90-day extension for submittal on April 5. She said the documents referenced are on the drive and located in the signed documents folders. She noted this is the first request for an extension for site plan submittal. Board Member Hay asked if the Staff have seen the documents. Ms. Shutt confirmed that Staff has not seen the documents. Mr. Anthony Barber explained why the project was delayed. He stated he was given the wrong information on what was needed to be submitted to the City. Mr. Aaron Taylor, planning consultant, said they are happy to move forward but the first round of comments will tell them what they are dealing with. Ms. Duhy recommended how to handle an extension so they can avoid multiple amendments. Mr. Allen Hendricks stated he wanted to ensure all Board members he understood the site development. Board Member Kelley expressed her concern with all the extensions that are taking place in the City. She inquired when will the Board see the site plan. Mr. Barber responded that they could be ready for March yet would be more comfortable with April to bring the project to the City. Board Member Kelley commented that she will speak with Staff to understand why there are so many delays. Board Member Turkin stated that he is fine with the 90-day extension. Chair Penserga opened Public Comments. No one coming forward Chair Penserga closed the Public Comments. Motion Board Member Turkin moved to table extension to the May meeting. Board Member Hay seconded the motion. The motion passed unanimously. 650 651 652 653 654 655 656 657 1 Curfman, Vicki From:Nicklien, Bonnie Sent:Thursday, July 13, 2023 10:37 AM To:Shutt, Thuy; Anthony Barber Cc:r@subculturegroup.com; Tack, Timothy; Curfman, Vicki Subject:RE: Signature Request - 211 E. Ocean Avenue First Amendment Hi Anthony, We received the executed document for the First Amendment. I have saved it to your file. Please keep in mind we will need the information below no later than July 25th in order to make the agenda packet for the August 8th meeting. Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@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. From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Wednesday, July 12, 2023 4:41 PM To: Anthony Barber <atbarber@troysbbque.com> 658 2 Cc: r@subculturegroup.com; Nicklien, Bonnie <NicklienB@bbfl.us>; Tack, Timothy <TackT@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us> Subject: RE: Signature Request ‐ 211 E. Ocean Avenue First Amendment Importance: High Good afternoon Anthony, Last night at the CRA Board meeting, the CRA Board requested an update or report on the project’s progress from your team to be submitted for their review at the August 8, 2023 CRA Board meeting. You do not need to be at the meeting and it can be a written report that references the milestones in the Purchase and Development Agreement, specifically: 1. Major site plan approval application submission dates and any meetings subsequent to 2. Development costs update (if different than previous) 3. Finance update (if different than previous) 4. Development timeline update Please note that we still need for you to execute the First Amendment to the Purchase and Development Agreement. I have attached both in this email for your convenience. 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 ShuttT@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. From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Monday, July 10, 2023 8:35 AM To: Anthony Barber <atbarber@troysbbque.com> Cc: Shutt, Thuy <ShuttT@bbfl.us> Subject: RE: Signature Request ‐ 211 E. Ocean Avenue First Amendment Hi Anthony, 659 3 Touching base on our signed agreement. Please let us know the latest on getting your signature. Thank you! Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@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. From: Anthony Barber <atbarber@troysbbque.com> Sent: Wednesday, July 05, 2023 2:42 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: Re: Signature Request ‐ 211 E. Ocean Avenue First Amendment Will do Thank you On Jun 30, 2023, at 9:25 AM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Morning Anthony, Just following up ‐ Can you please sign and return the agreement today? Thank you! 660 4 Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 <image593626.png> 561‐600‐9090 | <image431930.png> 561‐737‐3258 <image576549.png> NicklienB@bbfl.us | <image551531.png> https://www.boyntonbeachcra.com <image888626.png> <image652209.png> <image376110.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. ‐‐‐‐‐Original Message‐‐‐‐‐ From: Nicklien, Bonnie Sent: Tuesday, June 27, 2023 1:10 PM To: Anthony Barber <atbarber@troysbbque.com> Cc: Shutt, Thuy <shuttt@bbfl.us> Subject: RE: Signature Request ‐ 211 E. Ocean Avenue First Amendment That's fine. Just sign and strikeout Rodney's name and print your name in its place. Thank you, Bonnie ‐‐‐‐‐Original Message‐‐‐‐‐ From: Anthony Barber <atbarber@troysbbque.com> Sent: Tuesday, June 27, 2023 1:07 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: Re: Signature Request ‐ 211 E. Ocean Avenue First Amendment Bonnie, Hello I think this needs to have me listed and not Rodney as I have controlling interest. Please advise. Thank you 661 5 Anthony Barber > On Jun 26, 2023, at 10:38 AM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: > > <23_0602 First Amendment to the P&D_Final_CRA Board ‐ Signed by CRA.pdf> 662 663 664 1 Nicklien, Bonnie From:Anthony Barber <atbarber@troysbbque.com> Sent:Thursday, October 12, 2023 8:31 PM To:Nicklien, Bonnie Subject:Re: 211 E. Ocean Avenue Project Update Will do! Thank you On Oct 12, 2023, at 11:10 AM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Good Morning Anthony, I hope this email finds you well! Friendly reminder, the site plan application deadline for 211 E. Ocean Avenue is due November 6, 2023. Please keep us posted on your submission. Also, as of October 11, 2023 – please direct all emails and project updates to our Assistant Director, Tim Tack cc’d on this email and also available on the phone at 561‐600‐9091. Please reach out with any questions. Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 <image619635.png> 561‐600‐9090 | <image313868.png> 561‐737‐3258 <image477818.png> NicklienB@bbfl.us | <image243475.png> https://www.boyntonbeachcra.com <image399095.png> <image311505.png> <image811058.png> To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. America's Gateway to the Gulfstream 665 2 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. 666 1 Nicklien, Bonnie From:Nicklien, Bonnie Sent:Monday, October 30, 2023 11:54 AM To:Anthony Barber Cc:Tack, Timothy; Utterback, Theresa; r@subculturegroup.com; Vicki Curfman Subject:RE: 211 E. Ocean Avenue Project Update Hi Anthony, Great seeing you at Pirates Fest this weekend! I wanted to send a friendly reminder that the project update for 211 E. Ocean Avenue will appear on the November 13th Board agenda. The meeting will be held on Monday (vs. our regular Tuesday) at 6:00 PM. The Board has asked that you attend in‐person to provide an update. Please keep us posted if you will be submitting a site plan application prior to the November 6th deadline and we will include that information in the agenda packet materials. Feel free to reach out with any questions in the meantime. Best Regards, Bonnie From: Nicklien, Bonnie Sent: Monday, October 16, 2023 9:26 AM To: Anthony Barber <atbarber@troysbbque.com> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us>; r@subculturegroup.com; Vicki Curfman <CurfmanV@bbfl.us> Subject: RE: 211 E. Ocean Avenue Project Update Morning Anthony, Your project will also be included on the November 13th CRA Board agenda (which is on a Monday vs. our regular Tuesday) at 6:00 PM. We will publish the agenda end of day on November 6th which is also the site application due date so please keep us updated on your submission. The Board has asked that moving forward anyone speaking on agenda items to please attend in‐person due to some audio complications with virtual attendees. I will reach out closer to the 6th for an update. Best Regards, Bonnie 667 2 From: Anthony Barber <atbarber@troysbbque.com> Sent: Thursday, October 12, 2023 8:31 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: Re: 211 E. Ocean Avenue Project Update Will do! Thank you On Oct 12, 2023, at 11:10 AM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Good Morning Anthony, I hope this email finds you well! Friendly reminder, the site plan application deadline for 211 E. Ocean Avenue is due November 6, 2023. Please keep us posted on your submission. Also, as of October 11, 2023 – please direct all emails and project updates to our Assistant Director, Tim Tack cc’d on this email and also available on the phone at 561‐600‐9091. Please reach out with any questions. Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 <image619635.png> 561‐600‐9090 | <image313868.png> 561‐737‐3258 <image477818.png> NicklienB@bbfl.us | <image243475.png> https://www.boyntonbeachcra.com <image399095.png> <image311505.png> <image811058.png> America's Gateway to the Gulfstream 668 3 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. 669 1 Nicklien, Bonnie From:Radigan, Amanda Sent:Wednesday, October 18, 2023 9:56 AM To:Nicklien, Bonnie; Temple, Adam N. Cc:Tack, Timothy; Utterback, Theresa Subject:RE: 211 E. Ocean Major Site Plan Application Deadline Bonnie, We have not received any meeting request or submittals since the last update. To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.City of Boynton Beach Sailfish Logo Amanda Radigan, AICP, LEED AP Director, Planning & Zoning Development, Planning & Zoning Mailing Address: P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. | Boynton Beach, Florida 33435 561‐742‐6256 RadiganA@bbfl.us | boynton‐beach.org/ To help prprivacy, Mprevented download from the InFollow Us To heproteyour privacMicroft Officepreveed automtic downad of this picturfrom the Internt To help prprivacy, Mprevented download from the InLink to DoMyBoynto 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: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Tuesday, October 17, 2023 2:57 PM To: Temple, Adam N. <TempleA@bbfl.us>; Radigan, Amanda <RadiganA@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: 211 E. Ocean Major Site Plan Application Deadline Good Afternoon Adam and Amanda, As you may recall, the deadline for 306 NE 6th Avenue, LLC to submit a Major Site Plan application for 211 E. Ocean Avenue is quickly approaching on November 6th. CRA staff is to report back to the Board with a project update at their November 13th Board meeting. The agenda publication date is November 6th. Can you please let us know if you receive a Major Site Plan application between now and the 6th? Also, can you confirm if you have had any meeting requests from their development team since their last project update to the Board in August 2023? Thank you for your time and information! 670 2 Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@bbfl.us | https://www.boyntonbeachcra.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 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. 671 1 Nicklien, Bonnie From:Temple, Adam N. Sent:Wednesday, October 18, 2023 9:03 AM To:Nicklien, Bonnie; Radigan, Amanda Cc:Tack, Timothy; Utterback, Theresa Subject:RE: 211 E. Ocean Major Site Plan Application Deadline Good Morning Bonnie, I’m not aware of any update at this time, but Planning can definitely confirm the status by 11/6. Very Respectfully, To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.City of Boynton Beach Sailfish Logo Adam Temple, MBA, CFM Assistant City Manager City Manager's Office Mailing Address: P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. | Boynton Beach, Florida 33435 561‐742‐6121 TempleA@bbfl.us | boynton‐beach.org/ To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Follow Us On Social Media To heproteyour privacMicroft Officepreveed automtic downad of this picturfrom the Internt To help prprivacy, Mprevented download from the InLink to DoMyBoynto 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: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Tuesday, October 17, 2023 2:57 PM To: Temple, Adam N. <TempleA@bbfl.us>; Radigan, Amanda <RadiganA@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: 211 E. Ocean Major Site Plan Application Deadline Good Afternoon Adam and Amanda, As you may recall, the deadline for 306 NE 6th Avenue, LLC to submit a Major Site Plan application for 211 E. Ocean Avenue is quickly approaching on November 6th. CRA staff is to report back to the Board with a project update at their November 13th Board meeting. The agenda publication date is November 6th. Can you please let us know if you receive a Major Site Plan application between now and the 6th? Also, can you confirm if you have had any meeting requests from their development team since their last project update to the Board in August 2023? 672 2 Thank you for your time and information! Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@bbfl.us | https://www.boyntonbeachcra.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 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. 673 1 Nicklien, Bonnie From:Radigan, Amanda Sent:Monday, November 06, 2023 10:20 AM To:Temple, Adam N.; Nicklien, Bonnie Cc:Tack, Timothy; Utterback, Theresa Subject:RE: 211 E. Ocean Major Site Plan Application Deadline Confirmed 😊 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.City of Boynton Beach Sailfish Logo Amanda Radigan, AICP, LEED AP Director, Planning & Zoning Development, Planning & Zoning Mailing Address: P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. | Boynton Beach, Florida 33435 561‐742‐6256 RadiganA@bbfl.us | boynton‐beach.org/ To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Follow Us On Social Media To heproteyour privacMicroft Officepreveed automtic downad of this picturfrom the Internt To help prprivacy, Mprevented download from the InLink to DoMyBoynto 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: Temple, Adam N. <TempleA@bbfl.us> Sent: Monday, November 6, 2023 10:17 AM To: Radigan, Amanda <RadiganA@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: RE: 211 E. Ocean Major Site Plan Application Deadline Amanda – Please confirm one last time since I believe CRA is publishing today. Thank you! Very Respectfully, To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.City of Boynton Beach Sailfish Logo Adam Temple, MBA, CFM Assistant City Manager City Manager's Office Mailing Address: P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. | Boynton Beach, Florida 33435 561‐742‐6121 TempleA@bbfl.us | boynton‐beach.org/ 674 2 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Follow Us On Social Media To heproteyour privacMicroft Officepreveed automtic downad of this picturfrom the Internt To help prprivacy, Mprevented download from the InLink to DoMyBoynto 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: Radigan, Amanda <RadiganA@bbfl.us> Sent: Wednesday, October 18, 2023 9:56 AM To: Nicklien, Bonnie <NicklienB@bbfl.us>; Temple, Adam N. <TempleA@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: RE: 211 E. Ocean Major Site Plan Application Deadline Bonnie, We have not received any meeting request or submittals since the last update. To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.City of Boynton Beach Sailfish Logo Amanda Radigan, AICP, LEED AP Director, Planning & Zoning Development, Planning & Zoning Mailing Address: P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. | Boynton Beach, Florida 33435 561‐742‐6256 RadiganA@bbfl.us | boynton‐beach.org/ To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Follow Us On Social Media To heproteyour privacMicroft Officepreveed automtic downad of this picturfrom the Internt To help prprivacy, Mprevented download from the InLink to DoMyBoynto 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: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Tuesday, October 17, 2023 2:57 PM To: Temple, Adam N. <TempleA@bbfl.us>; Radigan, Amanda <RadiganA@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: 211 E. Ocean Major Site Plan Application Deadline Good Afternoon Adam and Amanda, As you may recall, the deadline for 306 NE 6th Avenue, LLC to submit a Major Site Plan application for 211 E. Ocean Avenue is quickly approaching on November 6th. CRA staff is to report back to the Board with a project update at their November 13th Board meeting. The agenda publication date is November 6th. 675 3 Can you please let us know if you receive a Major Site Plan application between now and the 6th? Also, can you confirm if you have had any meeting requests from their development team since their last project update to the Board in August 2023? Thank you for your time and information! Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@bbfl.us | https://www.boyntonbeachcra.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 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. 676 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. 677 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 woula 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. 678 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. 679 1 Nicklien, Bonnie From:Nicklien, Bonnie Sent:Wednesday, January 03, 2024 10:47 AM To:Tack, Timothy; atbarber@troysbbque.com Cc:Kathryn Rossmell Subject:RE: 211 E. Ocean Avenue Project Update Good Morning Anthony, Happy New Year to you and your family! The status of the 211 E. Ocean Avenue project will be presented to the Board at their January 18th meeting. Please confirm you will provide the proof of financing as discussed at the November 13, 2023 Board meeting. We will need this information at your earliest convenience but no later than end of day tomorrow. Also, please confirm you will be in attendance at the January 18th Board meeting to answer any questions the Board may have. Best Regards, Bonnie From: Tack, Timothy <TackT@bbfl.us> Sent: Friday, December 29, 2023 8:57 AM To: atbarber@troysbbque.com Cc: Nicklien, Bonnie <NicklienB@bbfl.us>; Kathryn Rossmell <krossmell@llw‐law.com> Subject: FW: 211 E. Ocean Avenue Project Update Anthony, The agenda item is being prepared for the 1/18/24 Board meeting. We need the proof of financing today to allow CRA legal/staff time to review the documentation and make the agenda publication deadline. Thanks, Timothy Tack, P.E. Assistant Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9091 TackT@bbfl.us | https://www.boyntonbeachcra.com 680 2 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 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: Tack, Timothy Sent: Tuesday, December 19, 2023 9:08 AM To: atbarber@troysbbque.com Cc: Nicklien, Bonnie <NicklienB@bbfl.us>; Kathryn Rossmell <krossmell@llw‐law.com> Subject: FW: 211 E. Ocean Avenue Project Update Anthony, I am following upon the previous emails. We need to be able to review the proof of financing before the next CRA Board Meeting. A response on the status would be greatly appreciated. Thanks, From: Tack, Timothy Sent: Tuesday, December 12, 2023 9:54 AM To: atbarber@troysbbque.com Cc: Nicklien, Bonnie <NicklienB@bbfl.us>; Kathryn Rossmell <krossmell@llw‐law.com> Subject: FW: 211 E. Ocean Avenue Project Update Anthony, I am following up on the previous email. Please provide an update on the proof of financing. Thanks, From: Tack, Timothy Sent: Thursday, December 7, 2023 8:06 AM To: atbarber@troysbbque.com Cc: Nicklien, Bonnie <NicklienB@bbfl.us>; Kathryn Rossmell <krossmell@llw‐law.com> Subject: RE: 211 E. Ocean Avenue Project Update Anthony, 681 3 I hope you had a great Thanksgiving. I am following up on our phone conversation on 11/22/23. As you are aware, your agenda item was Tabled until the Thursday, January 18, 2024 Board meeting at 6:00 PM. It is very important we get the proof of financing soon to ensure sufficient time for legal review. The success of this project in very important and I want to make sure we keep moving forward. Thanks, From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Tuesday, November 14, 2023 1:47 PM To: Tack, Timothy <TackT@bbfl.us> Subject: FW: 211 E. Ocean Avenue Project Update Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@bbfl.us | https://www.boyntonbeachcra.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 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: Anthony Barber <atbarber@troysbbque.com> Sent: Tuesday, November 14, 2023 1:44 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: Re: 211 E. Ocean Avenue Project Update Hello, Are you sure the 12/5/23 date is correct? Thank you On Nov 14, 2023, at 11: 48 AM, Nicklien, Bonnie <NicklienB@ bbfl. us> wrote: Hi Anthony, As a follow up to last night’s CRA Board meeting, please see below – The agenda item was ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. ZjQcmQRYFpfptBannerEnd Hello, Are you sure the 12/5/23 date is correct? 682 4 Thank you On Nov 14, 2023, at 11:48 AM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Hi Anthony, As a follow up to last night’s CRA Board meeting, please see below – 1. The agenda item was Tabled until the Thursday, January 18, 2024 Board meeting at 6:00 PM 2. Provide proof of financing for CRA staff/legal review no later than December 5, 2023 Please confirm you received this email and also confirm you will be able to attend the January 18th meeting in‐person. Feel free to reach out with any questions in the meantime. Wishing you and your family a wonderful Thanksgiving Holiday! Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 <image012480.png> 561‐600‐9090 | <image329401.png> 561‐737‐3258 <image624603.png> NicklienB@bbfl.us | <image811749.png> https://www.boyntonbeachcra.com <image847044.png> <image174904.png> <image829056.png> America's Gateway to the Gulfstream 683 5 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: Nicklien, Bonnie Sent: Monday, October 30, 2023 11:54 AM To: Anthony Barber <atbarber@troysbbque.com> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us>; r@subculturegroup.com; Vicki Curfman <CurfmanV@bbfl.us> Subject: RE: 211 E. Ocean Avenue Project Update Hi Anthony, Great seeing you at Pirates Fest this weekend! I wanted to send a friendly reminder that the project update for 211 E. Ocean Avenue will appear on the November 13th Board agenda. The meeting will be held on Monday (vs. our regular Tuesday) at 6:00 PM. The Board has asked that you attend in‐person to provide an update. Please keep us posted if you will be submitting a site plan application prior to the November 6th deadline and we will include that information in the agenda packet materials. Feel free to reach out with any questions in the meantime. Best Regards, Bonnie From: Nicklien, Bonnie Sent: Monday, October 16, 2023 9:26 AM To: Anthony Barber <atbarber@troysbbque.com> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us>; r@subculturegroup.com; Vicki Curfman <CurfmanV@bbfl.us> Subject: RE: 211 E. Ocean Avenue Project Update Morning Anthony, Your project will also be included on the November 13th CRA Board agenda (which is on a Monday vs. our regular Tuesday) at 6:00 PM. We will publish the agenda end of day on November 6th which is also the site application due date so please keep us updated on your submission. The Board has asked that moving forward anyone speaking on agenda items to please attend in‐person due to some audio complications with virtual attendees. I will reach out closer to the 6th for an update. 684 6 Best Regards, Bonnie From: Anthony Barber <atbarber@troysbbque.com> Sent: Thursday, October 12, 2023 8:31 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: Re: 211 E. Ocean Avenue Project Update Will do! Thank you On Oct 12, 2023, at 11:10 AM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Good Morning Anthony, I hope this email finds you well! Friendly reminder, the site plan application deadline for 211 E. Ocean Avenue is due November 6, 2023. Please keep us posted on your submission. Also, as of October 11, 2023 – please direct all emails and project updates to our Assistant Director, Tim Tack cc’d on this email and also available on the phone at 561‐ 600‐9091. Please reach out with any questions. Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach, Florida 33435 <image619635.png> 561‐600‐9090 | <image313868.png> 561‐737‐3258 <image477818.png> NicklienB@bbfl.us | <image243475.png> https://www.boyntonbeachcra.com <image399095.png> <image311505.png> <image811058.png> <image001.jpg> America's Gateway to the Gulfstream 685 7 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. 686 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 18, 2024 Kim Kelley, owner/operator of Hurricane Alley, said that she is asking for the same terms and conditions as the current lease. She noted that her rent is $7,300 and raising the rent would hurt the business. Board Member Hay said that he understands the cost of material has gone up, everything is going up, and that we also know that situation is out of the CRA's hands. He inquired about the quoted rent of $6,477.19 versus $7,300. Theresa Utterback, CRA Development Services Manager, commented that the base rent is $6,477.19, and on top of that, she has $1,000 added for her liquor license and $375 for the office upstairs. She said that all of those combined comes to $7,300. She noted that the increase would be on the base rent and not the $1,000 for her liquor license. Ms. Kelley stated that her business is worthless right now because she does not have a lease. She said that she is trying to save every penny she can, so when it is time to move she is able to do it. Commissioner Hay inquired if there were any high expenses for maintenance over the past year. Ms. Utterback replied the air conditioner had to be replaced, and every six months, a structural engineer monitors the structural issues. The cost is approximately $450. Ms. Kelley said that she takes care of anything that breaks and that she does not call the CRA. Board Member Hay said that he does not have a problem with keeping the agreement as is and extending it for one more year. Vice Chair Turkin said that his position is similar to his colleagues. Vice Chair Turkin opened public comments. No virtual comments. Vice Chair Turkin closed public comments. Motion: Board Member Kelley moved to approve and execute the one-year extension under the same terms and conditions. Board Member Hay seconded the motion. The motion passed unanimously. E. 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 4 687 Meeting Minutes CRA Board Meeting Boynton Beach, FL Motion: January 18, 2024 Board Member Kelley moved to remove Item 13E from the table. Board Member Hay seconded the motion. The motion passed unanimously. Board Member Kelley inquired if anything has changed in the past week. Mr. Tack said that on July 11, 2023, the CRA Board requested a project update on the restaurant project located at 211 E Ocean Avenue. He said that an email was sent to Mr. Barber and copying Mr. Mayo, requesting the status of the of the major site plan approval application. He stated that at the last CRA meeting, there was an understanding that they were to provide a financial commitment or proof of financing by tonight's meeting, which has not been provided. He noted that a default letter has been provided in case the Board elects to enforce the requirements per the agreement. He commented that he does not see a representative here to discuss this matter. He said that they have made several attempts, and sent several emails to communicate and stressed the importance of this and has not received any feedback. Board Member Kelley said that she was not on the Board at the time this project came up, but it was something they were all excited about and wanted to see happen. She noted that there has been no effort to work with CRA staff and her position is to move forward with the notice of default. Board Member Hay stated that this unfortunate, he had high hopes for this project. He said that he is ready to move forward with the default. Vice Chair Turkin state his position is similar, the CRA has granted multiple extensions and expressed how important it was for Mr. Barber be here tonight. Vice Chair Turkin stated that it is important for the public to know that there is fifteen days to cure the default. Vice Chair Turkin opened public comments. No virtual comments. Vice Chair Turkin closed public comments. Motion: Board Member Hay moved to direct Staff to go forward with the default on 211 E. Ocean Avenue. Board Member Kelly seconded the motion. The motion passed unanimously F. Consideration of Candidates for Selection of New Executive Director. Motion: 5 688 689 •Attachment I - RFP for Economic Development Plan •Attachment II - Professional Services Agreement for Economic Development Plan •Attachment III - City Request for Funding •Attachment IV - ILA for Partial Funding of the Boynton Beach Economic COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 OLD BUSINESS AGENDA ITEM 14.B SUBJECT: Termination of the Interlocal Agreement between the CRA and the City for Partial Funding of Economic Development Plan Performed by Florida International University SUMMARY: On September 14, 2021, the City of Boynton Beach executed an agreement with Florida International University (FIU) to develop an Economic Development Plan for the City of Boynton Beach (Resolution R21-110, see Attachments I and II). The City requested assistance in funding a portion of the $75,000 Economic Development Plan (see Attachment III). Per the Interlocal Agreement (ILA), the CRA's contribution would be an amount not to exceed $25,000 (see Attachment IV). A component of the Plan involved providing specific economic development information with the CRA area, including a CRA Business Survey and Entrepreneurial Ecosystem (see Attachment V). On December 19, 2023, the CRA received an email from City staff stating the CRA scope of work was not included in the final report and that the City would not seek reimbursement from the ILA (see Attachment VI). Attachment VII terminates the ILA and the funding of the $25,000 will be reallocated to a future project. FISCAL IMPACT: FY 2023-2024 Project Fund, $25,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Termination of the Interlocal Agreement Between the City of Boynton Beach and the CRA for the partial funding for the FIU Boynton Beach Economic Development Plan. ATTACHMENTS: Description 690 Development Plan •Attachment V - Economic Development Plan (CRA Scope) •Attachment VI - December 19, 2023 City Email •Attachment VII - Amendment to Terminate Economic Development Planning Interlocal Agreement 691 REQUEST FOR PROPOSALS (RFP) FOR ECONOMIC DEVELOPMENT PLAN RFP No. 021-2419-21 CITY OF BOYNTON BEACH CITY HALL 100 E. OCEAN AVENUE BOYNTON BEACH, FL 33435 ONLINE SUBMISSIONS ONLY RFP CLOSING DATE: NO LATER THAN MAY 27, 2021, 2:30 P. M. Question Deadline: MAY 13, 2021, No Later Than 12:00 P.M. 692 1 REQUEST FOR PROPOSAL FOR ECONOMIC DEVELOPMENT PLAN TABLE OF CONTENTS Table of Contents .............................................................................................................. 1 Section 1 – Overview, Background, Scope of Services and Deliverables……….…...……. 4 - 10 Section 2 – Instruction to Proposers .................................................................................. 11 - 12 Section 3 – Proposal Submission Requirements ............................................................... 13 - 14 Section 4 – Evaluation of Proposals .................................................................................. 15 - 16 Section 5 – General Conditions ......................................................................................... 17 - 26 Appendix ‘A’ Proposer’s Qualification Statement ....................................................................... 28 - 33 Anti-Kickback Affidavit ........................................................................................... 34 Non-Collusion Affidavit of Proposer ....................................................................... 35 Certification Pursuant to Florida STATUTE § 287.135 ........................................... 36 - 37 e-Verify Form………………………………………………………………………………38 - 39 Price Proposal……………………………………………………………………………..40 Appendix ‘B’ Draft Contract Agreement ……………………………………………………………….42 - 52 Insurance Advisory Form …………………………………………………………….….53 Exhibit “A” ………………………………………………………………………….….…………...54 Consolidated Community Redevelopment Agency (CRA) Plan ……………………. 2018-19 Community Survey and Focus Group Reports …………………………….. City Comprehensive Plan ……………………………………………………………….. 693 2 REQUEST FOR PROPOSAL FOR ECONOMIC DEVELOPMENT PLAN RFP No. 021-2419-21 Electronic Proposals shall be received by the bidding system no later than: May 27, 2021, No Later Than 2:30 PM (Local Time). All Proposal’s will be publicly opened and only the names of the Proposers will be disclosed. RFP’s received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that you allow sufficient time to complete your online Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System’s web clock. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton-beach.bidsandtenders.net Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton is soliciting proposals from an innovative, visionary, multi-disciplinary professional firm or team (consultant) with expertise and experience in economic development research and planning, public policy analysis and development, economic analysis, fiscal analysis, and industry, labor force and commercial real estate trends analyses. The City is seeking services for a one-year base term with up to three additional one- year renewal options to extend the service agreement. LOBBYING / CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 694 3 purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.07, sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Questions related to this Bid are to be submitted to the Purchasing representative through the Bidding System only by clicking on the “Submit a Question” button for this specific Solicitation. CITY OF BOYNTON BEACH 695 4 REQUEST FOR PROPOSAL FOR ECONOMIC DEVELOPMENT PLAN RFP No. 021-2419-21 SECTION 1 – OVERVIEW, BACKGROUND, SCOPE OF SERVICES AND DELIVERABLES OVERVIEW Known as “America’s Gateway to the Gulfstream,” Boynton Beach is a full-service municipality located in the heart of southeast Florida, in the center of Palm Beach County, consisting of 16.5 square miles that includes four miles of the Intracoastal Waterway. Our coastal community has an estimated population of 78,050 residents and has experienced a positive growth rate since 2008 and has grown 8.5% since 2010. Due to its location and year-round tropical climate, Boynton Beach possesses many natural assets that set the stage for numerous leisure, recreation and active lifestyle pursuits. The City of Boynton Beach invests a great deal of resources to ensure that residents and visitors have access to its 253 acres of municipal parks, beach and natural conservation lands. The City has direct access to the Florida Turnpike via Boynton Beach Boulevard and three I-95 exits, and lies within close proximity to Palm Beach International Airport (14 miles) and Fort Lauderdale/Hollywood International Airport (37 miles). The closest seaports are Port of Palm Beach (21 miles) and Port Everglades (36 miles). The Tri-Rail commuter train makes a stop in the City that connects the rider to Palm Beach, Broward and Miami-Dade Counties. The City of Boynton Beach is undergoing a renaissance and regeneration. Development is on the rise. Development projects like 500 Ocean and Town Square make potential residents and businesses take notice and look to Boynton Beach as their next investment. While these are excellent indicators of growth, the City recognizes that it remains in a competitive market to retain and attract not only residents, business investors, and visitors, but also the talented human capital needed to implement our city’s mission. Our organization has identified three aspirational goals – who we want to be as a City: • Vibrant and Resilient Living: Provide, sustain, and enhance a smart and resourceful high quality of life while keeping citizens safe and intelligently responding to adverse conditions. • Connected and Engaged Community: Encourage and share thriving community relationships among and between residents, businesses, and visitors. • Robust Local Economy: Attract and retain a mix of new and existing businesses and jobs while fostering economic growth and development. The City has seven (7) Strategic Priorities that guide the City’s Strategic Plan: • Culturally Distinct Downtown: Create a city center as a cultural district for business and entertainment to serve as the foundation that connect businesses, residents, and visitors. • Building Wealth in the Community: Attract and retain a mix of new and existing businesses and jobs while fostering economic growth and development. • Transportation and Mobility: Improve mobility for modes of transportation for all residents, commerce, workforce, and visitors. 696 5 • High Performing Organization: Maintain effective and efficient service delivery and continued excellence through organizational governance and internal support and external services. • Public Health and Safety: Keep citizens safe while maintaining high quality of life. • Environmental Sustainability: Beautify and maintain green space and natural areas; enhance industrial • Racial and Social Equity: Cultivate consciousness and develop a framework to address racial and social equity in the delivery of City services for the benefit of all communities within the City. BACKGROUND The City of Boynton Beach is seeking proposals from innovative, visionary and qualified professional firms for the creation of an Economic Development Plan. The purpose of the Economic Development Plan is to create a plan of action based on current and projected economic, industry, and real estate trends; align policy and investments to maximize City assets; and evaluate our assets and chart a course towards a sustainable and equitable economy that will grow jobs and careers, advance opportunities for prosperity, and create vibrant neighborhoods and communities. The data-driven Economic Development Plan will help guide the City’s economic priorities, land policies, incentives, and marketing strategy. Specific focus areas will need to be incorporated into the Economic Development Plan. These focus areas include the COVID- 19 pandemic, placemaking as an economic development tool and creating an entrepreneurial ecosystem. This plan will identify strengths, weaknesses, opportunities, and gaps for each one of these focus areas and examine their current and potential impact on the overall economy of Boynton Beach. The COVID-19 pandemic has had a massive impact on the retail industry. Consumer spending habits, shifts in commercial real estate demand, and increased retail bankruptcies have all been affected by the pandemic. We would like to examine and understand the local (citywide) impacts the pandemic has had on our retail industry. Part of the City’s economic development vision is to create destinations that will, not only attract visitors, but create a high quality of life for residents and businesses. We would like to incorporate placemaking into the Plan, and understand how placemaking can be used as an engine for economic growth. An essential piece to the success of the City’s economy is a thriving entrepreneurial ecosystem that connects entrepreneurs to talent, information, and resources. Entrepreneurial ecosystems are built on trust and collaboration among key stakeholders, businesses, organizations that provides services to entrepreneurs, and community leaders. Building an entrepreneurial ecosystem is a long-term strategic initiative for the City, and identifying strategies and policies to help create this ecosystem should be a part of the Economic Development Plan. An additional task and focus of this project will be the creation of a Retail Market Analysis and Recruitment Plan. This analysis will describe the retail landscape within the City, identify retail gaps, detect and examine trends within the retail sector, identify and evaluate retail locations, and create a plan that will identify and help recruit potential prospects for the City. The COVID-19 pandemic has had a massive impact on the retail industry. Consumer spending habits, shifts in commercial real estate demand, and increased retail bankruptcies have all been affected by the pandemic. We would like to examine and understand the local (citywide) impacts the pandemic has had on our retail industry. The following documents serve as resources, that include previous studies, plans, and surveys: • Consolidated Community Redevelopment Agency (CRA) Plan • 2018-19 Community Survey and Focus Group Reports o Boynton Beach Resident Survey Report o Boynton Beach Businesses Survey Report o Boynton Beach Focus Groups Report • City Comprehensive Plan 697 6 Keys goals of this project are to: • Offer policy recommendations and strategies that will maximize our economic assets and overcome any challenges that currently impede the City’s competitiveness in attracting, retaining, and developing high-growth industries. • Offer policies and strategies that will stimulate (re)development and strengthen commercial centers and corridors. • Identify current and potential economic assets, placemaking locations, and real estate that have the best opportunity to become economic engines and catalysts for the City. • Offer strategies and policy recommendations that will help the City attract and retain retail companies, diversify the City’s retail sector, and lower commercial vacancy rates. • Develop a strategic economic development action plan that includes specific policy recommendations and implementation strategies to attract of high-growth industries, strengthen and diversify the City’s retail market, support small businesses, and capitalize on opportunities and assets, including economic generators and catalysts that exist in the City and region. TERM OF CONTRACT The initial term of the contract awarded shall be for a one-year base term with up to three additional one-year renewal options. BUDGET The project budget is $75,000 Not included in this budget amount is the City’s option to extend the project scope to include the implementation of the retail recruitment/site selection strategy. . SCOPE OF SERVICES The City is soliciting proposals from an innovative, visionary, multi-disciplinary professional firm or team (consultant) with expertise and experience in economic development research and planning, public policy analysis and development, economic analysis, fiscal analysis, and industry, labor force and commercial real estate trends analyses. The successful firm shall perform the following six (6) tasks. Task deliverables are described in Section 3. Alternative approaches to the study or methodologies to achieve the study goals are encouraged; however, the Commission reserves the right to accept or reject alternative approaches or methodologies. Scope of Services will include, but not limited to, the following tasks: • Current Market Analysis • Local and Regional Industry Assessment • Real Estate Market Analysis • Retail Market Analysis and Recruitment Plan • Targeted District Analyses • Economic Development Strategic Plan 698 7 Task 1: Current Market Analysis - Identify Current and Potential Economic Engines and Generators for Stimulating Economic Growth. Assess the City’s current assets and strengths to capitalize on their economic growth potential. Identify potential placemaking locations and real estate assets that have the best opportunity to become economic engines and catalysts for the City. Examine how to leverage Bethesda Hospital East as an economic engine for the City. Identify ways to attract commercial businesses, promote medical tourism, and market the hospital as a destination for the City. Evaluate potential economic shifts and current commercial market activity (supply/demand) Research population demographic data and evaluate consumer demand Evaluate the impact of the COVID-19 Pandemic on the workforce, specific industries and the overall local economy. Task 2: Assess Local and Regional Industry for Competitive Advantages & Disadvantages within the Local Economy Perform qualitative and quantitative research and analyses to identify the current and projected industries that have the highest potential for growth and market share capture in the City over the next ten (10) years and which have the capacity to function as economic engines and generators in the City. Examine local, regional, and national industry trends and projected industry growth by sector for the City. Evaluate critical areas that influence the City’s current and future industry and workforce needs and challenges to attract, recruit, and retain high quality workers. Analyze any challenges/impediments that may exist in attracting or stimulating industry growth. Recommend strategies to build-up strengths and mitigate challenges. Examine the City’s current zoning code and land use policies and describe their impact on economic development. Identify and examine regulatory/administrative hurdles that impact economic and business growth. Understand the relative impact the current industry mix has contributed to the City’s commercial and real estate development Task 3: Develop Real Estate Development Market Analysis Provide an assessment of the local real estate market potential for commercial real estate by market and submarket area, including recommendations to capitalize on any competitive advantages, market strengths, gaps, challenges, and opportunities. Evaluate market conditions (lease and sales price) for residential and office/commercial development for the City of Boynton Beach and neighboring jurisdictions and forces that act against or for investment in the City. Assess the impact the COVID-19 Pandemic has had on the commercial real estate market. Use quantitative data to support your findings. Assess how future trends in the commercial real estate impact development within the City. Detail leasing activity, absorption, occupancy rates, rental rates and compare with competitive submarkets outside of the City. 699 8 Identify key location challenges for relevant commercial sectors including an evaluation of the development pipeline and long-range land use plans. Task 4: Conduct Retail Market Analysis and Recruitment Plan Assess the existing retail market conditions and define retail trade area in the City of Boynton Beach. Conduct a Market and Retail Gap Analysis on the retail industry in the City to understand the current supply/demand conditions and trends in retails sales. Use quantitative and qualitative data to conduct customer profiles of the retail trade area. Develop a Retail Recruitment Plan that will assist the City in identifying appropriate prospective retailers suited for the City’s needs and wants. Recommend specific retailers and restaurants that match the City’s customer profile. Develop Implementation Plan for the Retail Recruitment Plan. Develop Site Selection Strategy to help the City identify available sites/property for potential retailers. OPTION: The City may at its sole discretion, through negotiated task assignments, extend the project scope to include the implementation of the retail recruitment/site selection strategy. The tasks may include, but not limited to the following: • Assist the City in implementing the retail recruitment/site selection strategy by developing meaningful relationships, conducting meetings with retailers and their agents, and facilitating handoffs to developers. • Creating customized marketing materials and pitches for specific retailers, brokers, and developers on an as needed and requested basis for meetings and presentations. Task 5: Provide Detailed Analyses of Targeted District Areas Provide a detailed analysis of each of the following districts: • Downtown District • Medical Overlay District • Heart of Boynton • Congress Avenue District • Station Area District • Woolbright Road District • Federal Highway Corridor Task 6: Economic Development Strategic Plan Based on the findings from Tasks 1-5, create an innovative economic development strategic action plan to assist the City’s decision-makers in capitalizing on potential economic engines and real estate trends, assist in business attraction and retention, increase the number of high-quality jobs in the City, and build on significant economic strengths and opportunities. These innovative targeted strategies will be incorporated within the City’s Strategic Plan and should include an examination of regulatory/administrative hurdles at the State and local levels. 700 9 Develop a five (5) year strategic action plan that includes specific policy recommendations and implementation strategies to enhance the attraction of high-growth industries, stimulate growth, and build- on opportunities and assets that exist in the City and County. Estimate the fiscal and economic impacts of recommended strategies on the City. Identify barriers to implementation and formulate strategies to mitigate barriers, assess the pros and cons of recommendations and their potential for implementation. DELIVERABLES This Scope of Work is to be completed by FEBUARY 1, 2022. All task deliverables must be approved by the City and are considered delivered upon approval. See the tasks listed under Section 1. Scope of Work for a more detailed description of each deliverable. The successful consultant shall be responsible for the following deliverables to the City: Deliverable 1: Attend Project Kick-Off Meeting The City’s Project Leader shall schedule the Project Kick-Off Meeting and ten (10) periodic meetings in coordination with the successful consultant. The successful consultant shall attend a Project Kick-Off Meeting with the project team to clarify and agree upon the project goals and the successful consultant’s tasks and deliverables. Any changes in key personnel must be approved by the City at the kick-off meeting. The Commission’s Project Leader will introduce the project team and provide an overview of the resources that will be made available to the successful consultant. Deliverable 2: Prepare Scope of Work Timeline and Deliverables The successful consultant shall submit a Scope of Work for review, comment, and approval by the City within fifteen (15) business days following the Project Kick-Off Meeting. The Scope of Work shall include: 1. Preliminary project schedule/timeline that specifies the tasks and deliverables, with delineation of key milestones to be accomplished with task/deliverable descriptions. Project schedule shall estimate and include adequate timeframes for project team reviews dependent upon the projected volume and complexity of deliverable. 2. Identification of the lead and support staff responsible for each task/deliverable. 3. Projected start and completion timeframes for each deliverable. 4. Completion timeframe for each of the successful consultant’s responsibilities. 5. A working outline of the format and content of all documents to be produced. 6. Progress reports at 50%, 75%, 90%, Semi-Final, and Final. Deliverable 3: Current Market Analysis This analysis will identify current and potential economic engines for stimulating economic growth in the City, as well as, evaluate potential economic shifts and current commercial market activity (supply/demand). This analysis will use demographic and consumer data to support their findings. Deliverable 4: Local and Regional Industry Assessment Assess local and regional industries for competitive advantages and disadvantages within the local economy. Perform qualitative and quantitative research and analyses to identify the current and projected industries that have the highest potential for growth and market share capture in the City. Deliverable 5: Real Estate Development Market Analysis Provide an analysis of the local real estate market, including recommendations to capitalize on any competitive advantages, market strengths, gaps, challenges, and opportunities. 701 10 Deliverable 6: Retail Market Analysis and Recruitment Plan Conduct a Market and Retail Gap Analysis on the retail industry in the City to understand the current supply/demand and market conditions, trends, and opportunities to grow and diversify our retail market using quantitative and qualitative data. Deliverable 7: Analyses of Targeted District Areas Provide a detailed analysis of each district identified by the City (see Task 5). Deliverable 8: Economic Development Strategic Plan Create an innovative economic development strategic action plan to assist the City’s decision-makers in capitalizing on potential economic engines and real estate trends, assist in business attraction and retention, increase the number of high-quality jobs in the City, and build on significant economic strengths and opportunities. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 702 11 REQUEST FOR PROPOSAL FOR ECONOMIC DEVELOPMENT PLAN RFP No. 021-2419-21 SECTION 2 – INSTRUCTIONS TO PROPOSERS 2.1 Electronic Requests for Proposals (RFP’s) shall be received by the bidding system no later than: May 27, 2021, No Later Than 2:30 PM (Local Time). 2.2 Late responses are not permitted by the bidding system. It shall be the sole responsibility of the Proposer to have their RFP submittal submitted online. 2.3 Proposers shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addenda and any applicable attachment. 2.4 It is the responsibility of the Proposers to have received all Addenda that are issued. Proposers should check online at Boynton-beach.bidsandtenders.net prior to submitting their Bid and up until Bid closing time and date in the event additional addenda are issued. 2.5 To obtain documents online please visit Boynton-beach.bidsandtenders.net. You can preview the bid documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 2.6 ELECTRONIC BID SUBMISSIONS ONLY, shall be received by the Bidding System. Hardcopy submissions not permitted. 2.7 Proposers are cautioned that the timing of their Bid Submission is based on when the Bid is RECEIVED by the Bidding System, not when a Bid is submitted, as Bid transmission can be delayed due to file transfer size, transmission speed, etc. 2.8 For the above reasons, it is recommended that sufficient time to complete your Bid Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System’s web clock. 2.9 Proposers should contact bids&tenders support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Bidder advising that their bid was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at support@bidsandtenders.ca. 2.10 Late Submittal Responses are not permitted by the Bidding System. 2.11 To ensure receipt of the latest information and updates via email regarding this Invitation to Bid, or if a Proposers has obtained this Solicitation from a third party, the responsibility is on the Proposers to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 2.12 All expenses for making RFP responses to the City are to be borne by the Proposers. 703 12 2.13 A sample draft agreement that the City intends to execute with the successful firm(s) is contained within this Request for Proposal for review. The City reserves the right to modify the contract language prior to execution. 2.14 Each Proposers, by submission of a bid response, acknowledges that in the event of any legal action challenging the award of an RFP; damages, if any, shall be limited to the actual cost of the preparation of the RFP. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 704 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 13 REQUEST FOR PROPOSAL FOR ECONOMIC DEVELOPMENT PLAN RFP No. 021-2419-21 SECTION 3 – PROPOSAL SUBMISSION REQUIREMENTS 3.1 SUBMISSION OF PROPOSALS A. General Requirements. The purpose of the Technical Proposal is to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this REQUEST FOR PROPOSALS. As such, the substance of the Proposal will carry more weight than their length, form or manner of presentation. The Technical Proposal should demonstrate the qualification of the Firm and the particular staff to be assigned to his engagement. It should also specify an approach that will meet or exceed the REQUEST FOR PROPOSALS requirements. The selected Firm(s) shall provide sufficient organization, personnel, and management to carry out the requirements of this RFP in an expeditious and economical manner, consistent with the needs of the City. Additionally, the selected Firm will be required to demonstrate recent experience with the successful completion of services similar to those specified within this RFP. B. Certification and Licenses. Proposers must include with their Proposals, copy(ies) of all applicable certificates and licensing and business permits related to the Work specified herein. C. Detailed Proposal. Each of the five (5) sections listed below shall be completed online through the bidding system. 1. Letter of Interest – To be completed online 2. Proposer’s Qualification Statement – Form to be completed and attached online 3. Qualifications of Project Team and availability of specialty resources. – To be attached online Provide an overview of the qualifications of the specific project team to be submitted by the Firm/Individual to perform the requested services including: a) An organizational chart that clearly defines the lines of authority and specifically lists the Client Service Manager, Project Manager, and primary Project Professional. These project team members are hereafter referenced as “key project members”. b) Provide resumes for all key project members outlining the relevant experience and education. 4. References – Past Performance – To be completed online Provide a list of three (3) governmental agencies references for similar contracts for which the Proposer has completed or are in progress within the past three (3) years with the following information: 1) Name of Agency, 2) Address and 3) Contact Name, Email Address 705 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 14 and Telephone Number. The City is interested in learning of other firms’ or government agencies’ experiences with your firm; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email or call each reference up to three (3) times. If there is no answer after the third attempt, the City may apply no points for that project experience. 5. Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed and notarized when required and submitted. In addition, all other request and supporting documentation should be included. a) Proposer Acknowledgement – Online Acknowledgement b) Proposer Qualification Statement – Upload Form Online c) Price Proposal - Online Form c) Addenda Acknowledgement – Online Acknowledgement d) Anti-Kickback Affidavit – Upload Form Online e) Non-collusion Affidavit of Proposer – Upload Form Online f) Confirmation of Minority Owned Business - Online Form / Upload Documents g) Certification Pursuant to Florida Statute § 287.135 - Upload Form Online h) Confirmation of Drug Free Workplace - Online Acknowledgement i) Palm Beach Inspector General - Online Acknowledgement j) Local Business Certification - Online Form k) Statement of Non-Submittal (if applicable) - Online Form l) Schedule of Sub- Contractors – Online Form m) Submit current Florida Professional License(s), including evidence of possession of required licenses or business permits – Attach and Upload n) References – Online Form o) E-Verify Form Pursuant to Florida Statute § 448.095 – Upload Form Online p) Submit any Supplemental information relative to this RFP – Upload Online PRICE PROPOSAL IS A SEPARATE DOCUMENT WHERE YOU WILL INPUT PRICES WITHIN THE SYSTEM 706 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 15 REQUEST FOR PROPOSAL FOR ECONOMIC DEVELOPMENT PLAN RFP No. 021-2419-21 SECTION 4 – EVALUATION OF PROPOSALS 4.1 EVALUATION CRITERIA The City will designate a Selection Committee to review and evaluate all proposals submitted in response to this solicitation. The Committee shall conduct a preliminary evaluation of all responses based on the information provided and other evaluation criteria as set forth in this solicitation. The selection of the best-qualified Respondent(s) will be based on whether the Respondent(s) are responsible and responsive which means a Firm that has submitted a proposal that conforms in all material respects to the requirements in this RFP, and will be evaluated as follows: CRITERIA POSSIBLE POINTS 1. Approach and Implementation 35 2. Qualifications and Experience 30 3. Proposed Fees 10 4. References 20 5. Local Preference (Yes – 5pts; No- 0pts.) 5 TOTAL 100 A. Evaluation Process PURSUANT TO THE PROVISIONS OF F.S. 287.055, KNOWN AS THE “CONSULTANTS’ COMPETITIVE NEGOTIATIONS ACT”: 1. A Selection Committee consisting of City staff members, and outside consultant(s), if deemed necessary, will review each written submission for compliance with the requirements of the RFP, including verifying that each Proposal includes all documents required. In addition, the Committee will ascertain whether the provider is qualified to render the required services according to State regulations and the requirements of this RFP. 2. In the event less than three (3) firms express interest in a project or less than three (3) are deemed qualified by the Selection Committee, then Procurement Services shall make a determination as to whether to proceed with the lesser number of firms. If the decision is to re-advertise, and after a subsequent advertisement resulting in three (3) firms that still cannot be qualified, then the City shall proceed hereunder with the qualified firms. 707 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 16 3. The Selection Committee will evaluate, score and rank all responsive and responsible proposals based on the requirements of the RFP and may create a short list of a minimum of three (3) firms deemed to be the most highly qualified to perform the required services. In the event there are less than three (3) responsive proposals, the committee will give further consideration to all responsive proposals received. 4. The Selection Committee may at its sole discretion, request additional information or clarification of any information submitted by Respondent(s). 5. The Selection Committee will conduct discussions, interviews, or require presentations from the shortlisted firms. Upon completion of the discussions, interviews or presentations, the Committee will re-evaluate, re-rate and re-rank the proposals remaining in consideration and based upon the evaluation criteria listed above. 6. Upon final ranking, the list of proposers recommended for award will be submitted to the City Commission for approval. 7. Upon approval by the City Commission, the City will negotiate an agreement(s) based on the attached draft contract found in Appendix “B” developed from this REQUEST FOR PROPOSALS. The City reserves the right to include additional provisions if the inclusion is in the best interest of the City, as determined solely by the City. Assuming the successful negotiation of an agreement, the final contract(s) will be submitted to the City Commission for their consideration and approval. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 708 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 17 REQUEST FOR PROPOSAL FOR ECONOMIC DEVELOPMENT PLAN RFP No. 021-2419-21 SECTION 5 – GENERAL CONDITIONS 1. FAMILIARITY WITH LAWS: The qualifier is assumed to be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner affect the equipment. Ignorance on the part of the qualifier will in no way relieve them from responsibility. 2. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company’s name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. 3. EXECUTION OF BID: Proposal must contain an original signature of a representative who is legally authorized to contractually bind the Proposer. 4. NO BID: A NO SUBMITTAL response can be submitted online through the e-Procurement bidding system. 5. BID DEADLINE: It is the Bidder’s responsibility to assure that the BID is submitted electronic by or at the proper time and date prior to the BID deadline. Late Submittal Responses are not permitted by the Bidding System 6. RIGHT TO REJECT RFP: Right is reserved to reject any or all RFP’s and to waive technical errors, or to accept any RFP’s that are in part deemed as the best responsible qualifier which represents the most advantageous RFP to the City. In determining the “most advantageous RFP”, price, quantifiable factors, and other factors are considered. This would include specifications, proposed schedule, the proposed price and other factors contributing to the overall acquisition cost of this service. Consideration may be given, but not necessarily limited to conformity to the specifications, including timely delivery, product warranty, a qualifier’s proposed service, ability to supply and provide service, delivery to required schedules and past performances in other Contracts with the City or other government entities. 7. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; 709 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 18 E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. 8. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective qualifier has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. 9. QUALIFICATIONS OF BIDDERS: The City will only consider solicitation responses from firms normally engaged in performing the type of work specified within the Contract Documents. Vendor must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to the City. Refer to Special Conditions for Additional Qualifications or Certification Requirements (if applicable). The City reserves the right to inspect the facilities, equipment, personnel and organization or to take any other action necessary to determine ability to perform in accordance with specifications, terms and conditions. The City will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject responses where evidence or evaluation is determined to indicate inability to perform. The City reserves the right to consider a Vendor’s history of any and all types of citations and/or violations, including those relating to suspensions, debarments, or environmental regulations in determining responsibility. Vendor should submit with its solicitation response a complete history of all citations and/or violations notices and dispositions thereof. Failure of a Vendor to submit such information may be grounds for termination of any contract awarded to successful Vendor. Vendor shall notify the City immediately of notice of any citations or violations which they may receive after the opening date and during the time of performance under any contract awarded to them. 10. DISQUALIFICATION OF BIDDER: More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All Bids shall be rejected if there is reason to believe that collusion exists between Bidders. Automatic disqualifiers are as follows: A. Not including an executed Bidder signature. B. Not being licensed to perform the required work or to provide the required product. C. Not being eligible to bid due to violations listed under Item No.38, “Public Entity Crimes.” D. Not completing the Bid Submittal Forms as required. 11. INFORMATION AND DESCRIPTIVE LITERATURE: Proposers must furnish all information requested in the spaces provided on the RFP form. Further, as may be specified elsewhere, each qualifier must submit for RFP evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous RFP or on file with the buyer will not satisfy this provision. 12. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the “Submit a Question” button for this specific BID no later than ten (10) days prior to the BID deadline. Inquiries must reference the date by which the BID is to be received. 13. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. All Bidders must disclose with their Bid, the name of each of its employees, agents, or relatives who are employees of the CITY. 710 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 19 The Bidder represents and warrants to the CITY that no officer, employee, or agent of the CITY has any interest either directly or indirectly, in the business of the Bidder to be conducted hereunder. The Bidder further represents and warrants to the CITY that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure this contract, and that it has not paid, or agreed to pay any person, company, corporation, individual, or Firm, other than the bona fide personnel working solely for the Bidder for a fee, commission, percentage, gift or other consideration, contingent upon or resulting from the award or making of this contract. The Bidder also acknowledges that it has not agreed as an expressed or implied condition for obtaining this contract to employ or retain the services of any person, company, individual or Firm in connection with carrying out this contract. It is understood and agreed by the Bidder that, upon the breach or violation of this Section, the CITY shall have the right to terminate the contract without liability and at its sole discretion, and to deduct from the contract price, or to otherwise recover the full amount of such fee, commission, percentage, gift or consideration paid by the Bidder. A. The Bidder represents that it presently has no interest, either direct or indirect, while performing the services required by this contract, which would conflict in any manner with Florida Statutes. The Bidder represents that no person having any such interest shall be employed during the term of this contract, including any officer, employee or agent of the CITY. B. The Bidder represents and warrants that it has no current contracts with any entity that would create any conflict of interest in the Bidder’s ability to perform the services required by this contract. Further, the Contractor represents and warrants that throughout the term of this contract, it will not undertake any work that would create such a conflict of interest. C. The Bidder shall promptly notify the CITY in writing by certified mail or electronic mail of all potential conflicts of interest for any prospective business association, interest or other circumstance that may influence or appear to influence the Bidder’s judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Bidder may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the Bidder. If in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Bidder, the CITY shall so state in the notification and the Bidder shall, at its option, enter into such association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the CITY by the Bidder under the terms and conditions of this Contract. If the CITY determines that such potential relationship constitutes a conflict of interest, Bidder shall be in violation of its contract with the CITY if it enters into any relationship whatsoever with the prospective business. 14. TRADE SECRET: Any language contained in the Proposer’s Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer’s Proposal constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 711 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 20 15. SUBCONTRACTING: If a qualifier subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached “Schedule of Subcontractors”. The City of Boynton Beach reserves the right to accept or reject any or all RFP’s wherein a subcontractor is named and to make the award to the qualifier, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject the RFP of any qualifier if the RFP names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 16. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Bidder’s through the City’s e-Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Bidder to have receive ALL addenda that are issued. Bidders should check online at Boynton-beach.bidsandtenders.net prior to submitting their bid and up until the bid closing time and date in the event additional addenda are issued. If a Bidder submits their bid prior to the BID closing time and date and an addenda have been issued, the Bidding System shall WITHDRAW the Bidder’s submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Bidder can view this status change in the “MY BIDS” section of the Bidding System. The Bidder is solely responsible to: A. make any required adjustments to their Bid; and B. acknowledge the addenda; and C. ensure the re-submitted Bid is RECEIVED by the Bidding System no later than the stated bid closing time and date 17. ESCALATOR CLAUSE: Any RFP which is submitted subject to an escalator clause will be rejected. 18. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted “BID IS FOR SPECIFIED QUANTITY ONLY”. 19. EXCEPTIONS: Incorporation in an RFP of exceptions to any portion(s), of the Contract documents may invalidate the RFP. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the qualifier’s RFP on a separate sheet marked “EXCEPTIONS TO THE SPECIFICATIONS” and this sheet shall be attached to the RFP. The use of qualifier’s standard forms or the inclusion of manufacturer’s printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 20. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. 21. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 22. ANTITRUST CAUSE OF ACTION: In submitting an RFP to the City of Boynton Beach, the respondent offers and agrees that if the RFP is accepted, the respondent will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach’s discretion, such assignment shall be made and become effective at the time the purchasing agency tender’s final payment to the respondent. 712 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 21 23. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this RFP prior to their delivery, it shall be the responsibility of the successful qualifier to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 24. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the qualifier will in no way be a cause for relief from responsibility. 25. ON PUBLIC ENTITY CRIMES - All Request for Proposal Invitations as defined by Section 287.012(11), Florida Statutes, Requests for Proposal as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: “A person or affiliate who has been placed on the convicted Professional list following a conviction for public entity crime may not submit an RFP on a contract or provide any goods or services to a public entity, may not submit an RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFP’s 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 Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Professional list”. 26. ADVERTISING: In submitting an RFP, the qualifier agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under “NONCONFORMANCE TO CONTRACT CONDITIONS”. 27. ASSIGNMENT: Any Purchase Order issued pursuant to this RFP invitation and the monies which may become due hereunder are not assignable except with the prior written approval of the City. 28. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder’s operation pursuant to this Contract and from and against all costs, attorney fees, expenses and liabilities incurred in and about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) business days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim, suit, or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys’ fees and damages which may be incurred or sustained by the City by reason of the bidder’s breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. 29. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the Professional, the use of the contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, school boards, political subdivisions, counties, and cities. Each governmental agency allowed by the Contractor to use this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 713 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 22 30. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified 31. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 32. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. 33. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder’s invoice paym ent terms must be shown. 34. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer’s authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. 35. PRICES, TERMS AND PAYMENT: Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, bid prices shall be so fixed and firm for a period of ninety (90) calendar days. Prices must be submitted as outlined in the bid specifications. Generally, the prices must be submitted in units of quantity whereby both unit price and extended total shall be submitted. In case of discrepancy in computing the amount of the Bid, the Unit Price quoted shall govern. All prices shall be F.O.B. destination, freight pre-paid (unless otherwise stated in the Special Conditions). Award, if made, shall be in accordance with the terms and conditions stated herein. Each item must be Bid separately and no attempt is to be made to tie any item or items in with any other item or items. Payment shall be made only after installation and acceptance for materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. All payments shall be governed by the Local Government Prompt Payment Act, F.S. § 218. 36. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. 37. MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, delivery instructions, bid prices, extensions and all instructions pertaining to the ITB. 38. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a Contract or Purchase Order issued pursuant to this Bid Specification shall minimally meet the following conditions to be 714 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 23 considered as a valid payment request. If progress payments are applied for, all invoicing and payments shall be as stipulated under the Special Conditions section titled “Progress Payments”. All invoices shall be based upon and submitted with an approved Schedule of Values. Said Schedule of Values shall also contain a percentage breakdown of the supplies and services completed for which payment is requested in comparison to the total contract. All invoices submitted shall consist of an original and one (1) copy and: A. Contain the Bidder’s Federal Employer Identification Number. B. Clearly reference the subject Contract or Purchase Order number; C. Provide sufficient salient description to identify the goods or services for which payment is requested; D. Must be an original or legible copy of a signed delivery receipt including both manual signature and printed name of a designated CITY employee or authorized agent; be clearly marked as “partial”, “complete”, or “final” invoice. The CITY shall accept partial deliveries. Timely submission of properly certified invoice(s) shall be in strict accordance with the price(s) and delivery elements as stipulated in the Contract document. The CITY’s term of payment, unless otherwise stated in the Contract or Purchase Order documents is “Net 30 Days” after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the CITY and appear on the Contract or Purchase Order document to be binding on the CITY. Should the CITY return an invoice for correction, the Vendor shall resubmit a corrected invoice to the CITY for processing. 39. PROMOTIONAL PRICING: In addition, Bidder shall offer to the CITY, during the Contract period, any item(s) offered on a “promotional” basis from the manufacturer. It shall be the successful Bidder’s responsibility to monitor such item(s) and report any that are or shall be offered at lower price. 40. CONTRACTUAL AGREEMENT: The submission of a Bid constitutes a firm offer by the Bidder. Upon acceptance by the CITY, the Procurement Services Division shall issue a notice of award and purchase order(s) and/or contract for any supplies, equipment and/or services as a result of this Bid. The Invitation to Bid and the corresponding purchase order(s) and/or contract shall constitute the complete agreement between the successful Bidder and the CITY. Unless otherwise stipulated in the Bid documents or agreed to in writing by both parties, no other contract documents shall be issued or accepted. 41. LICENSE AND PERMITS: It shall be the responsibility of the successful qualifier to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Assistant to the Finance Director and City Inspectors. 42. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Qualifier certifies that all material, equipment, etc., contained in this RFP meets all O.S.H.A. requirements. Qualifier further certifies that if awarded as the successful qualifier, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the qualifier. Qualifier certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 43. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the 715 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 24 municipality to be a material breach of this contract justifying its termination. 44. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor’s possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 45. LOCAL BUSINESS PREFERENCE; The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. “For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business’ bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid.” In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will 716 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 25 result in the bidder being found ineligible for the local business preference for this solicitation. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. 46. DIRECT OWNER PURCHASES: The CITY reserves the right to issue purchase orders for materials to either the Contractor’s or the CITY’s suppliers for construction/public works related materials. 47. SCRUTINIZED COMPANIES - 287.135 and 215.473: By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 48. E-VERIFY: Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: “Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. “Contractor” includes, but is not limited to, a vendor or consultant. “Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. “E-Verify system” means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the 717 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 26 duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 718 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 27 APPENDIX “A” 719 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 28 PROPOSER'S QUALIFICATION STATEMENT TO BE COMPLETED AND UPLOADED ONLINE The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Boynton Beach Procurement Services 100 E. Ocean Avenue Boynton Beach, Florida 33435 Check One Submitted By: Corporation Name: ______________________________________________ Partnership Address: ____________________________________________ Individual CITY, State, Zip: _______________________________________ Other Telephone No.: _______________________________________ Fax No.: ________________________ Email Address.: ______________________ 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: _____________________________________________________________ The address of the principal place of business is: _____________________________________________________________ _____________________________________________________________ 2. If Proposer is a corporation, answer the following: a. Date of Incorporation: _________________________________________ b. State of Incorporation: _________________________________________ c. President's name: ____________________________________________ d. Vice President's name: ________________________________________ e. Secretary's name: ____________________________________________ f. Treasurer's name: ____________________________________________ 720 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 29 g. Name and address of Resident Agent: ____________________________ 3. If Proposer is an individual or a partnership, answer the following: a. Date of organization: ________________ b. Name, address and ownership units of all partners: __________________________________________________________ __________________________________________________________ __________________________________________________________ c. State whether general or limited partnership: ________________________ 4. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. ________________________________________________________________ 6. How many years has your organization been in business under its present business name? _____________ Under what other former names has your organization operated? ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 8. Did you attend the Pre-Proposal Conference if any such conference was held? YES NO 9. Have you ever failed to complete any work awarded to you? If so, state when, where and why: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 721 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 30 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 11. State the name of the individual who will have personal supervision of the work: ________________________________________________________________ 12. State the name and address of attorney, if any, for the business of the Proposer: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer’s business and indicate the percentage owned of each such business and/or individual: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 15. State the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 722 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 31 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non-Governmental Related Work Total Work (a +b): Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 17. Bank References: Bank Address Telephone ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 18. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule (continue on insert sheet, if necessary). ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 19. Provide descriptions of quality assurance/quality control management methods (continue on insert sheet, if necessary): ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 723 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 32 20. Is the financial statement submitted with your proposal (if applicable) for the identical organization named on page one? YES NO 21. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 22. What will be your turnaround time for written responses to City inquires? ________________________________________________________________ 23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each such petition. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 25. List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors’ organization(s) were defendants. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 724 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 33 26. Has the Proposer, its principals, officers or predecessors’ organization(s) been convicted of a Public Entity Crime, debarred or suspended from bidding by any government during the last five (5) years? If so, provide details. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. (Signed)________________________________ (Title)__________________________________ Subscribed and sworn to before me This ______ day of _____________________, 2021 ________________________________ Notary Public (Signature) My Commission Expires: ______________ 725 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 34 ANTI -KICKBACK AFFIDAVIT TO BE COMPLETED AND UPLOADED ONLINE STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of , 2021 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY “OFFICIAL NOTARY SEAL” STAMP 726 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 35 NON-COLLUSION AFFIDAVIT OF PROPOSER TO BE COMPLETED AND UPLOADED ONLINE State of _____________________________) : County of____________________________) ________________________________________, being first duly sworn, deposes and says that: 1) He is ______________________ of _____________________________, the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached RFP: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, integrator or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, integrator or person to fix the price or prices in the attached RFP or of any other proposer, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed)________________________________ (Title)__________________________________ Subscribed and sworn to before me This ______ day of _____________________, 2021 __________________________________________ Notary Public (Signature) My Commission Expires: ______________ 727 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 36 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 TO BE COMPLETED AND UPLOADED ONLINE I, _______________________, on behalf of ________________________ certify Print Name and Title Company Name that ______________________________does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 728 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 37 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above in the section entitled "Consultant Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. _____________________________ _________________________ COMPANY NAME SIGNATURE __________________________ _________________________ PRINT NAME TITLE 729 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 38 E-VERIFY FORM TO BE COMPLETED AND UPLOADED ONLINE Project Name: Economic Development Plan Project No.: 021-2419-21 1. Definitions: “Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. “Contractor” includes, but is not limited to, a vendor or consultant. “Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. “E-Verify system” means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including subvendors/subconsultants/subcontractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. 730 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 39 Company Name: Authorized Signature: Print Name: Title Date: Phone: STATE OF _________________) COUNTY OF _________________) The foregoing instrument was acknowledged before me by means of □ physical presence or □ online notarization, this ____ day of _________________, 2021, by _____________________ on behalf of __________________________. He/she is personally known to me or has produced __________________ as identification. _____________________________________ NOTARY PUBLIC _______________________________________ (Name of Notary Typed, Printed or Stamped) ______________________________ Title or Rank ______________________ Serial number, if any 731 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 40 PRICE PROPOSAL *BID PROPOSAL WILL BE INPUT INTO THE BIDDING SYSTEM – BIDS & TENDERS* The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for “ECONOMIC DEVELOPMENT PLAN” Unit prices are lump sum until the end of the first term. Item No.Description Unit Unit Price Total Task 1 Current Market Analysis Lump Sum $ Task 2 Local and Regional Industry Assessment Lump Sum $ Task 3 Real Estate Market Analysis Lump Sum $ Task 4 Retail Market Analysis and Recruitment Plan Lump Sum $ Task 5 Targeted District Analyses Lump Sum $ Task 6 Economic Development Strategic Plan Lump Sum $ Deliverable 1 Attend Project Kick-Off Meeting/Meetings Lump Sum $ Deliverable 2 Prepare Scope of Services Timeline and Deliverables Lump Sum $ Deliverable 3 Current Market Analysis Lump Sum $ Deliverable 4 Local and Regional Industry Assessment Lump Sum $ Deliverable 5 Real Estate Development Market Analysis Lump Sum $ Deliverable 6 Retail Market Analysis and Recruitment Plan Lump Sum $ Deliverable 7 Analyses of Targeted District Areas Lump Sum $ Deliverable 8 Economic Development Strategic Plan Lump Sum $ Project Total $ TASKS DELIVERABLES 732 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 41 APPENDIX “B” 733 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 42 Draft Contract Subject to modification and final approval by City Attorney PROFESSIONAL SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT PLAN THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as “CITY”, and _____________________, hereinafter referred to as “CONSULTANT”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional planning services, and WHEREAS, THE CITY issued a REQUEST FOR PROPOSALS FOR A ECONOMIC DEVELOPMENT PLAN, RFP No. 021-2419-21; and WHEREAS, RFP No. 021-2419-21 defined Scope of Services for Economic Development Plan; and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in RFP No. 021-2419-21; and WHEREAS, the City Commission on _____________, 2021, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the REQUEST FOR PROPOSALS; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform ECONOMIC DEVELOPMENT PLAN services outlined in RFP No. 021-2419-21 and incorporated herein: Sections “RESPONSIBILITIES”. RESPONSIBILITIES a. Offer policy recommendations and strategies that will maximize our economic assets and overcome any challenges that currently impede the City’s competitiveness in attracting, retaining, and developing high-growth industries. b. Offer policies and strategies that will stimulate (re)development and strengthen commercial centers and corridors. c. Identify current and potential economic assets, placemaking locations, and real estate that have the best opportunity to become economic engines and catalysts for the City. 734 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 43 d. Offer strategies and policy recommendations that will help the City attract and retain retail companies, diversify the City’s retail sector, and lower commercial vacancy rates. e. Develop a strategic economic development action plan that includes specific policy recommendations and implementation strategies to attract of high-growth industries, strengthen and diversify the City’s retail market, support small businesses, and capitalize on opportunities and assets, including economic generators and catalysts that exist in the City and region. The CITY’s Representative during the performance of this Contract shall be John Durgan, Economic Development Specialist telephone (561) 742-6014. The CONSULTANT’S Representative during the performance of the Contract shall be _________________telephone______________. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial term of one (1) year, commencing on ___________________. The City reserves the right to renew the contract for three (3) additional one (1) year periods, under the same terms, conditions. The Services to be performed during the initial one (1) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the Consultant. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY’s discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of a purchase order and delivered to CONSULTANT. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the purchase order. ARTICLE 4 - PAYMENT 4.1 PAYMENT. The Professional shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Professional shall be made promptly on all invoices submitted to the City properly and in accordance with “PRICE PROPOSAL”. b. The Professional may submit invoices to the City during the progress of the contract term. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Professional in the amount approved. 735 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 44 c. Final payment of any balance due the Professional of the total price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Professional’s records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawing and specifications for information, reference and use in connection with CONSULTANT’s endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of CONSULTANT, shall be at the CITY’s sole risk and without liability to CONSULTANT and CONSULTANT’S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT’s services shall meet a standard of care for TREE PLANTING SERVICES. In submitting its response to the RFP, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. 736 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 45 ARTICLE 9 - INDEMNIFICATION 9.1 CONSULTANT shall indemnify and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney’s fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT’s own employees, or damage to property occasioned by a negligent act, omission of the CONSULTANT. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker’s Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker’s Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer’s Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub-CONSULTANT that does not have their own Worker’s Compensation and Employer’s Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an “Occurrence” basis. Coverage shall include Premises and Operations; Independent consultants, Products Completed Operations and Contractual Liability with specific reference of Article 7, “Indemnification” of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per occurrence 737 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 46 ARTICLE 11 - INDEPENDENT CONSULTANT 11.1 CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 – TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth- in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT’s most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non- current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTs. The CITY shall exercise its rights under this “Certificate” within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED 14.1 The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 15 - ASSIGNMENT 15.1 The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. 738 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 47 ARTICLE 16 - NON-WAIVER 16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 – TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. ARTICLE 18 - DISPUTES 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. ARTICLE 19 – UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term “Uncontrollable Forces” shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTI CLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: City of Boynton Beach Attn: Lori LaVerriere, City Manager 100 E. Ocean Avenue Boynton Beach, FL 33435 739 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 48 Notices to CONSULTANT shall be sent to the following address: Consultant: ADDRESS CITY/STATE/ZIP Attn: Tel: Fax: Email: ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, together with the RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State’s subdivisions by state law. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY’s liability for costs and attorney’s fees, however, shall not alter or waive CITY’s entitlement to sovereign immunity, or extend CITY’s liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. ARTICLE 23 – PUBLIC RECORDS 23.1 Sealed documents received by the CITY in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the CITY announces intent to award sooner, in accordance with Florida Statutes 119.07. 740 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 49 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida’s Public Records Law. Specifically, the CONSULTANT shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONSULTANT shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the CONSULTANT transfers the records in its possession to the CITY; and D. Upon completion of the contract, Consultant shall transfer to the CITY, at no cost to the CITY, all public records in CONSULTANT’S possession. All records stored electronically by CONSULTANT must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6061 GIBSONC@BBFL.US ARTICLE 24 – SCRUTINIZED COMPANIES 287.135 and 215.473 24.1 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONSULTANT been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or 741 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 50 services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to CONSULTANT of the CITY's determination concerning the false certification. CONSULTANT shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONSULTANT shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONSULTANT does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. ARTICLE 25 – E-VERIFY 25.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 2) Definitions for this Section: “Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. “Contractor” includes, but is not limited to, a vendor or consultant. “Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. “E-Verify system” means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of: c) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and d) All persons (including sub-vendors/sub- consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security’s EVerify System during the term of the contract is a condition 742 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 51 of the contract with the City of Boynton Beach; and c) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 743 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 52 This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this _____ day of ________________________________________, 2021. CITY OF BOYNTON BEACH CONSULTANT _________________________________ _________________________ City Manager Signature / Name Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: ________________________________ _______________________________ Office of the City Attorney Witness 744 City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of “B+” or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ---------------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ---------------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ---------------------------------------------------------------------------------------------------------------------------------------------------- Professional Liability Aggregate - $1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos ---------------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ---------------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost ---------------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined ----------------------------------------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM Revised 04/2021 53 745 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN EXHIBIT “A” Consolidated Community Redevelopment Agency (CRA) Plan 2018-19 Community Survey and Focus Group Reports  Boynton Beach Resident Survey Report  Boynton Beach Businesses Survey Report  Boynton Beach Focus Groups Report City Comprehensive Plan 54 746 747 748 749 750 751 752 753 754 755 756 757 758 From:LaVerriere, Lori To:Shutt, Thuy Subject:City/CRA Economic Development Plan Interlocal Agreement Date:Monday, November 29, 2021 11:02:25 AM Attachments:BoyntonBeachCRA_SoW_10.05.2021.pdf Executed Agreement - FIU ED Plan.pdf ILA with CRA for FIU (00482309xC4B6A).DOCX image308018.png image542007.png image325043.png image556720.png image963777.png image562314.png image565675.png image517707.png image817070.png image821411.png image384682.png image603299.png image517330.png Hi Thuy, David said you need me to request this reimbursement. Thank you,. Thuy, The City is requesting the CRA approve the attached Interlocal Agreement for economic development plan services by the Florida International University Board of Trustees on behalf of its Metropolitan Center. The CRA staff participated in the development of the scope and selection process and requests the CRA Board approval of the Interlocal Agreement at their December 14th CRA Board meeting. https://boyntonbeach.novusagenda.com/agendapublic/Coversheet.aspx? ItemID=11446&MeetingID=427 I have included a copy of the FIU executed contract and a CRA specific scope for your information and use. Please let me know if you have any questions or require additional information. City of Boynton Beach Sailfish Logo David Scott Director of Economic Development and Strategy Department of Economic Development and Strategy Mailing Address:P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address:100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-742-6023 ScottD@bbfl.us | boynton-beach.org/ Follow Us On Social Media Connect with us on Nextdoor 759 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. Lori LaVerriere City Manager City Manager's Office Mailing Address:P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address:100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-742-6010 |561-742-6011 LaVerriereL@bbfl.us | boynton-beach.org/ 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. 760 761 762 763 764 765 766 767 768 769 Draft Scope of Work Boynton Beach CRA Economic Development Planning I. Background The Boynton Beach CRA is an important and integral part of the City of Boynton Beach Economic Development Plan. The 2016 CRA Plan notes that in spite of significant past achievements, “the vision of a vibrant downtown with revitalized corridors has yet to be realized.” The Plan further states “target strategies must address the limited supply of developable land, relatively high land costs, ped estrian unfriendly corridors, potentially incompatible land uses, the lack of available quality space for retail and office uses necessary to support the establishment of a vibrant downtown and insufficient densities to support mass transit.” II. Boynton Beach CRA Component to the City Economic Development Plan The City’s Economic Development Plan provides an opportunity to address specific target strategies outlined in the 2016 CRA Plan and specific district plans in the context of the current economic and real estate development environment. In addition to the proposed economic analysis, the Economic Development Plan could be expanded to drilldown to the CRA district level to design an entrepreneurial ecosystem, with programs and services focused on new and existing entrepreneurial endeavors and landscapes citywide. This would be most beneficial for the Downtown, Heart of Boynton, Cultural, and Federal Highway Districts. Coordinating the City’s Economic Development Plan with the Boynton Beach CRA target strategies would be a two-step process: 1) A CRA Business Survey that would provide the business involvement and groundwork for strat3gic planning and programing and 2) strategies to build a CRA entrepreneurial ecosystem. 1) CRA Business Survey (see attached template) The CRA Business Survey would provide the foundation for designing and implementing programs and strategies in support of entrepreneurial ecosystem. It is highly recommended that communities conduct a business survey in the post-COVID economy to determine the impacts, current issues, and needs of local businesses including capital, anticipated growth and expansion, workforce skills, and technical assistance. 2) CRA Entrepreneurial Ecosystem Potential specific strategies include, but are not limited to: a. Entrepreneurial programs and strategies, including: 1) Cottage industries; 2) Organically growing business sectors and/or commercial nodes; 3) Business basics and support for local arts/creative businesses; and 4) Growing and increasing revenues for local sole proprietor run businesses b. Cultural, educational, social, and recreational assets (and facilities) that align with target business sectors and strategies to share facilities and provide value added services and networks. c) Identification of smaller commercial nodes and a comprehensive approach to targeted programming, business assistance and collaborative marketing programs (this would work in tandem with the Economic Development Plan’s placemaking strategies). 770 d) Individualized small business development and entrepreneurship service delivery model(s) targeted to specific sectors and operations models like digital, bricks and mortar or service delivery. e) Create opportunities to attract entrepreneurial-minded people to Boynton Beach and create spaces to match interests, ideas, and sharing of services between existing and new residents, including: 1) Places, spaces and programs to encourage “digital” nomads to locate in the CRA, many of which provide freelance services; 2) Develop events and activities to encourage interaction between existing and new residents and businesses and programming to introduce “off the beaten” path businesses to future customers; and 3) Create shared communities including digital or planned events to encourage collaboration among businesses and entrepreneurs to share ideas and mutual help. 771 1 Nicklien, Bonnie From:Durgan, John Sent:Tuesday, December 19, 2023 9:55 AM To:Tack, Timothy Cc:Nicklien, Bonnie; Hill, Vicki Subject:RE: Economic Development Plan - Draft Good morning Tim, The CRA scope of work (attached) was not included in the final ED Plan or Competitive Assessment. The City does not plan on seeing reimbursement from the CRA. Thanks, To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.City of Boynton Beach Sailfish Logo John Durgan , MPA Economic Development Manager Division of Economic Development Mailing Address: P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. | Boynton Beach, Florida 33435 561‐742‐6014 | 561‐742‐6011 DurganJ@bbfl.us | boynton‐beach.org/ To help prprivacy, Mprevented download from the InFollow Us To heproteyour privacMicroft Officepreveed automtic downad of this picturfrom the Internt To help prprivacy, Mprevented download from the InLink to DoMyBoynto 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: Tack, Timothy <TackT@bbfl.us> Sent: Tuesday, December 19, 2023 9:26 AM To: Durgan, John <DurganJ@bbfl.us> Cc: Nicklien, Bonnie <NicklienB@bbfl.us>; Hill, Vicki <HillV@bbfl.us> Subject: FW: Economic Development Plan ‐ Draft John, I am following up on the email below and the subsequent meeting held on 2/7/23. It is my understanding FIU completed the plan and it was paid fully by the City. Please confirm if the CRA scope of work (attached exhibit A) and comments below were addressed in the final draft. If they were, please verify if the City will be seeking reimbursement in accordance with the attached ILA and provide a copy of the final plan. Respectfully, 772 2 Timothy Tack, P.E. Assistant Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9091 TackT@bbfl.us | https://www.boyntonbeachcra.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 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: Shutt, Thuy <ShuttT@bbfl.us> Sent: Wednesday, January 18, 2023 4:17 PM To: Durgan, John <DurganJ@bbfl.us>; Tack, Timothy <TackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us> Subject: Re: Economic Development Plan ‐ Draft Hi, John, Yes, we have completed our review and per our conversation last week. This draft still does not have the CRA specifics of the SOW. There are missing data or and a lot of assumptions or references that are not backed (at least from the 50 pages submitted). What is disappointing us that no one has contacted us or looked into what the CRA has done the past 3‐4 years with our major projects which is delivering over 600 units, 450 of which are affordable units. In addition to our affordable housing efforts, we have managed to provide a lifeline to 101 of our local businesses during the pandemic and are continuing to do the same with activation of many public and private spaces. All of this information are accessible on our website, news and TV and award recognitions or just a phone call away to our staff. I can only speak for the CRA. We cannot pay for what has been presented to us as it is is all over the place. There is no clear beginning methodology for the data gathering, analysis, or results and implementation strategies. There are QC items and lack of understanding of leveraging of CRA resources vs. City/PBC/State/Federal/Private entities. 773 3 I will be glad once again to meet with you to go over our comments but we are going on our third draft with similarcommentsand no forward movement. I can only conclude that we will not get anything more, please let me know what I am missing. Thank you. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android T huy 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 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 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: Durgan, John <DurganJ@bbfl.us> Sent: Wednesday, January 18, 2023 2:19:42 PM To: Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us> Subject: RE: Economic Development Plan ‐ Draft Good afternoon, I hope all is well. Just wanted to follow up and see if you’ve had an opportunity to review the economic development plan? City staff has reviewed and I am preparing an email to FIU with comments/edits. Thanks, To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.City of Boynton Beach Sailfish Logo John Durgan Economic Development Manager Division of Economic Development 774 4 Mailing Address: P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. | Boynton Beach, Florida 33435 561‐742‐6014 | 561‐742‐6011 DurganJ@bbfl.us | boynton‐beach.org/ To help prprivacy, Mprevented download from the InFollow Us To heproteyour privacMicroft Officepreveed automtic downad of this picturfrom the Internt 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: Durgan, John Sent: Thursday, January 05, 2023 4:23 PM To: Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us> Subject: Economic Development Plan ‐ Draft Good afternoon, Attached you will find a draft of the Economic Development Plan for your review. City staff is in the process of reviewing the draft. If any edits or changes need to be made please let me know. Please let me know if you have any questions. Thanks, 775 4890-6441-9227, v. 1 AGREEMENT TO TERMINATE ECONOMIC DEVELOPMENT PLANNING INTERLOCAL AGREEMENT This Agreement to Terminate Economic Development Planning Interlocal Agreement (“Termination Agreement”) is hereby entered into between the City of Boynton Beach, Florida (“City”) and the Boynton Beach Community Redevelopment Agreement (“CRA”). WHEREAS, on January 27, 2022, the City and CRA entered into the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding Economic Development Planning with Florida International University (“ILA”), a copy of which is attached hereto as Exhibit A and hereby incorporated herein as if fully set forth; and WHEREAS, the purpose of the ILA was to establish a mechanism for the CRA to reimburse the City for certain portions of economic development planning services, which services were to be provided to the City by Florida International University (the “Scope of Services”); and WHEREAS, the Scope of Services called for the creation of anEconomic Development Plan (“the Plan”); and WHEREAS, pursuant to Section 2.1 of the ILA the Plan was expected contain a section dedicated to the CRA and contain a summary of findings applicable to the CRA or the CRA area; and WHEREAS, pursuant to the ILA, the City was also required to provide the CRA with an opportunity to review and comment on the Plan before it was finalized; and WHEREAS, in return, the CRA agreed to provide the City with funding for reimbursement of the aforementioned Scope of Services and the Plan; and WHEREAS, the Plan has been completed and fully paid for by the City; and WHEREAS, on December 19, 2022, the City advised the CRA that thePlandoes not contain the sections dedicated to the CRA as required by the ILA; and WHEREAS, the City further advised that it is not seeking reimbursement from the CRA pursuant to the ILA; NOW THEREFORE, in having mutually agreed that the consideration in the ILA was not provided as intended and for the good and valuable consideration of maintaining a positive working relationship between the City and CRA, the City and the CRA hereby agree as follows: 1.Recitations. The recitations above are hereby incorporated herein as if fully set forth. 2.Termination.The parties hereby agree that effective immediately upon approval of this Termination Agreement by the City and CRA, the ILA shall immediately terminate and the parties shall have no further obligations under the ILA except for those obligations that survive termination pursuant to the terms of ILA. 776 4890-6441-9227, v. 1 3.Effective Date. This Termination Agreement will become effective at the date and time that the last party signs this Termination Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Termination Agreement to be executed on the day and year written below. Boynton Beach Community Redevelopment Agency ATTEST:_________________________By: _________________________________ Print Name:__________________________ Title:_______________________________ Date: ______________________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By:________________________ CRA Attorney City of Boynton Beach, Florida ATTEST:_________________________By: _________________________________ Print Name: __________________________ Title: ________________________________ Date:_________________________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By:________________________ City Attorney 777 •Attachment I - Executive Director Job Posting •Attachment II - Executive Staff Hiring Process •Attachment III - Minimum Qualifications Checklist COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 OLD BUSINESS AGENDA ITEM 14.C SUBJECT: Consideration of Candidates for Selection of New Executive Director - TABLED 01/18/2024 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. At the December 12, 2023 meeting, the Board approved the 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. The job listing closed on December 31, 2023, with 64 applicants. Resumes were made available to the CRA Board on January 3, 2024. FISCAL IMPACT: FY 2023-2024 General Fund Budget, Executive Department; Line Item #01-51230-100 CRA BOARD OPTIONS: 1. Direct staff to schedule interviews with the CRA Board selected candidates. 2. Provide alternative direction based on CRA Board discussion. ATTACHMENTS: Description 778 779 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. 780 • 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. 781 • 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: 782 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. 783 784 785 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 786 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 OLD BUSINESS AGENDA ITEM 14.D SUBJECT: Continued Discussion and Consideration of Purchase of 1111 S. Federal Highway SUMMARY: This property was originally presented to the CRA Board on January 18, 2024, based on the following information: The property was listed for sale at $895,000 (Attachment I). The broker advised that the owner would accept $850,000.00 for the property, which is comparable to the square footage cost of recent CRA acquisitions at $55.75 (Attachment II). An appraisal was performed on December 31, 2023, and appraised at $891,000.00 (Attachment III) On January 18, 2024, the owner advised tha t he wanted appraised value for the property. The CRA Board requested CRA Staff to negotiate the terms of the purchase and bring it back to the CRA Board for discussion (Attachment IV). CRA Staff has negotiated the purchase price of $870,000 which has been accepted by the owner. The owner has executed the Purchase and Sale Agreement reflecting the negotiated purchase price (Attachment V). An updated comparable has been provided which reflects the agreed upon price. At the increase square footage price of $57.06 it still remains within the comparable square footage cost of recent CRA acquisitions (Attachment VI). Property Information: 1111 S. Federal Highway is a vacant lot, approximately 15,246 square feet (0.35 acres) and zoned C3 Community Commercial. The future development would be a mixed-use development under the MU Medium Future Land Use Classification. The development potential would allow a mixed-use development with a maximum density of 40-50 units per acre and a maximum height of 65'-75'. FISCAL IMPACT: FY 2023-2024 Budget, Project Fund, Line Item 02-58200-401 - $870,000 plus closing costs CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Downtown District CRA BOARD OPTIONS: 787 •Attachment I - LoopNet Listing 1111 S Fed Hwy •Attachment II - Property Comparisons •Attachment III - Property Appraisal •Attachment IV - January 18, 2024 CRA Meeting Minutes •Attachment V - PSA Signed •Attachment VI - Updated Property Comparisons 1. Approve the purchase of the vacant lot located at 1111 S. Federal Highway in the amount of $870,000 and authorize the Board Chair to execute the Purchase and Sale Agreement. 2. Do not approve the purchase of the vacant lot located at 1111 S. Federal Highway. 3. Provide alternative direction based on CRA Board discussion. ATTACHMENTS: Description 788 789 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) 790 433 W. Boynton Beach Blvd.Vacant Lot Lots 83-86 Ridgewood Hills June-23 $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 Notes 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 listing price $895,000.$850,000.00 0.35 15246 $55.75 703 S Federal Highway Lot asking price is appraised value $1,568,000.00 0.6392 27843.552 $56.31 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 791 A P P R A I S A L R E P O R T VACANT LAND 1111 SOUTH FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 33435 by Vance Real Estate Service 7481 Northwest Fourth Street Plantation, Florida 33317-2204 for Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue Boynton Beach, FL 33435 December 31, 2023 792 MBA in REAL ESTATE DEVELOPMENT & MANAGEMENT 7481 Northwest 4th Street, Plantation, FL 33317-2204 954/583-2116 vanceval@att.net December 31, 2023 Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue Boynton Beach, FL 33435 RE: Vacant Land, 0.355 acres, 1111 South Federal Highway, Boynton Beach, FL 33435 (Legal description is in the report.) Ladies and Gentlemen: In fulfillment of our agreement, we transmit our Appraisal Report, in which we develop an opinion of market value for the fee simple estate in the referenced real property as of December 31, 2023. The report sets forth our value conclusion, along with data and reasoning supporting our value opinion. This report was prepared for and our professional fee billed to the client and intended user, Boynton Beach Community Redevelopment Agency. Our analyses have been prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP 2020-2023). This report is for exclusive use of the client and intended user for possible acquisition of the appraised property. Jesse B. Vance, Jr. and Claudia Vance visited the property. If you have questions or further needs, please contact the undersigned. As a result of our analyses, we have developed the following opinion of market value of the appraised property, subject to definitions, certifications, and limiting conditions set forth in the attached report. EIGHT HUNDRED NINETY-ONE THOUSAND DOLLARS $891,000 (THIS LETTER MUST REMAIN ATTACHED TO THE REPORT WITH SEVENTY-TWO (72) NUMBERED PAGES FOR THE VALUE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser RZ-85 Claudia Vance, MAI State-Certified General Real Estate Appraiser RZ-173 793 TABLE OF CONTENTS Page Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION 4 Photographs of the Subject Property 5 1-3-5 Mile Location Map 10 1-3-5 Mile Demographic Statistics 11 Summary of Important Facts and Conclusions 13 DESCRIPTIONS, ANALYSES, & CONCLUSIONS 14 Identity of Client and Intended User 15 Intended Use 15 Identification of Real Estate Appraised 15 Ownership 15 Property Address 15 Legal Description 15 Real Estate Tax Analysis 16 Market Area Description 17 Land Use & Zoning 23 Site Description 23 Real Property Interest Appraised 25 Appraisal Purpose and Definition of Market Value 25 Effective Dates of the Appraisal and Report 26 Scope of the Work 26 Summary of Information Considered 27 Property History 28 Highest and Best Use 28 SALES COMPARISON APPROACH 31 Land Sales location map 32 Land Sales documentation 33 Land Sales Comparison & Adjustment Chart 47 Valuation by the Sales Comparison Approach 48 FINAL VALUE OPINION 52 Certification and Limiting Conditions 53 ADDENDA 55 Acquiring deed 56 Zoning map 58 Boynton Beach CRA district map & recommended use map 59 “C-3” zoning information 60 “MU” zoning information 62 USPAP Standards Rule 2-2a 64 Qualifications of the Appraisers 68 794 INTRODUCTION 4 795 LOOKING NW AT APPRAISED LAND FROM SOUTH FEDERAL HIGHWAY LOOKING WEST AT APPRAISED LAND FROM SOUTH FEDERAL HIGHWAY 5 796 LOOKING NORTH ALONG SOUTH FEDERAL HIGHWAY LOOKING SOUTH ALONG SOUTH FEDERAL HIGHWAY 6 797 LOOKING EAST AT APPRAISED LAND FROM SE 4TH STREET LOOKING NORTH ALONG SE 4TH STREET 7 798 LOOKING NE AT APPPRAISED LAND FROM SE 4TH STREET NOTE: GUIDE WIRE ON WEST SIDE OF APPRAISED LAND 8 799 AERIAL VIEW OF THE APPRAISED PROPERTY 1111 SOUTH FEDERAL HIGHWAY BOYNTON BEACH, FL 33435 9 800 1-3-5 MILE RADII FROM THE VALUED REAL PROPERTY 1111 S. FEDERAL HIGHWAY BOYNTON BEACH, FL 33435 10 801 Executive Summary 1111 S Federal Hwy, Boynton Beach, Florida, 33435 Prepared by Esri Rings: 1, 3, 5 mile radii Latitude: 26.51820 Longitude: -80.05871 1 mile 3 miles 5 miles Population 2010 Population 12,811 64,353 166,843 2020 Population 15,027 74,998 186,882 2023 Population 15,523 77,520 190,039 2028 Population 17,184 79,337 191,757 2010-2020 Annual Rate 1.61%1.54%1.14% 2020-2023 Annual Rate 1.00%1.02%0.52% 2023-2028 Annual Rate 2.05%0.46%0.18% 2020 Male Population 47.8%47.7%47.6% 2020 Female Population 52.2%52.3%52.4% 2020 Median Age 51.2 45.1 47.1 2023 Male Population 48.2%48.1%47.7% 2023 Female Population 51.8%51.9%52.3% 2023 Median Age 52.8 46.3 48.4 In the identified area, the current year population is 190,039. In 2020, the Census count in the area was 186,882. The rate of change since 2020 was 0.52% annually. The five-year projection for the population in the area is 191,757 representing a change of 0.18% annually from 2023 to 2028. Currently, the population is 47.7% male and 52.3% female. Median Age The median age in this area is 48.4, compared to U.S. median age of 39.1. Race and Ethnicity 2023 White Alone 59.9%53.3%54.9% 2023 Black Alone 25.2%29.5%26.5% 2023 American Indian/Alaska Native Alone 0.2%0.3%0.4% 2023 Asian Alone 1.3%1.9%2.4% 2023 Pacific Islander Alone 0.0%0.0%0.0% 2023 Other Race 4.6%5.0%5.5% 2023 Two or More Races 8.8%9.9%10.3% 2023 Hispanic Origin (Any Race)13.8%15.4%16.7% Persons of Hispanic origin represent 16.7% of the population in the identified area compared to 19.4% of the U.S. population. Persons of Hispanic Origin may be of any race. The Diversity Index, which measures the probability that two people from the same area will be from different race/ethnic groups, is 72.1 in the identified area, compared to 72.1 for the U.S. as a whole. Households 2023 Wealth Index 100 90 103 2010 Households 6,114 27,754 72,387 2020 Households 7,114 32,527 80,737 2023 Households 7,428 33,960 82,853 2028 Households 8,296 35,073 84,367 2010-2020 Annual Rate 1.53%1.60%1.10% 2020-2023 Annual Rate 1.34%1.34%0.80% 2023-2028 Annual Rate 2.23%0.65%0.36% 2023 Average Household Size 2.03 2.24 2.26 The household count in this area has changed from 80,737 in 2020 to 82,853 in the current year, a change of 0.80% annually. The five-year projection of households is 84,367, a change of 0.36% annually from the current year total. Average household size is currently 2.26, compared to 2.28 in the year 2020. The number of families in the current year is 46,792 in the specified area. Data Note: Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 or more owner-occupied housing units. The Gini index measures the extent to which the distribution of income or consumption among individuals or households within an economy deviates from a perfectly equal distribution. A Gini index of 0 represents perfect equality, while an index of 100 implies perfect inequality. Source: U.S. Census Bureau. Esri forecasts for 2023 and 2028. Esri converted Census 2010 into 2020 geography and Census 2020 data. December 14, 2023 ©2023 Esri Page 1 of 2 11 802 Executive Summary 1111 S Federal Hwy, Boynton Beach, Florida, 33435 Prepared by Esri Rings: 1, 3, 5 mile radii Latitude: 26.51820 Longitude: -80.05871 1 mile 3 miles 5 miles Mortgage Income 2023 Percent of Income for Mortgage 29.5%31.4%31.5% Median Household Income 2023 Median Household Income $61,432 $64,150 $67,111 2028 Median Household Income $71,962 $75,671 $79,302 2023-2028 Annual Rate 3.21%3.36%3.39% Average Household Income 2023 Average Household Income $99,829 $96,459 $101,572 2028 Average Household Income $118,527 $112,995 $119,047 2023-2028 Annual Rate 3.49%3.22%3.23% Per Capita Income 2023 Per Capita Income $46,471 $42,585 $44,336 2028 Per Capita Income $55,704 $50,311 $52,431 2023-2028 Annual Rate 3.69%3.39%3.41% GINI Index 2023 Gini Index 43.8 42.1 41.7 Households by Income Current median household income is $67,111 in the area, compared to $72,603 for all U.S. households. Median household income is projected to be $79,302 in five years, compared to $82,410 for all U.S. households Current average household income is $101,572 in this area, compared to $107,008 for all U.S. households. Average household income is projected to be $119,047 in five years, compared to $122,048 for all U.S. households Current per capita income is $44,336 in the area, compared to the U.S. per capita income of $41,310. The per capita income is projected to be $52,431 in five years, compared to $47,525 for all U.S. households Housing 2023 Housing Affordability Index 82 78 77 2010 Total Housing Units 9,273 36,083 89,938 2010 Owner Occupied Housing Units 3,917 17,843 51,004 2010 Renter Occupied Housing Units 2,196 9,905 21,381 2010 Vacant Housing Units 3,159 8,329 17,551 2020 Total Housing Units 9,811 39,376 96,341 2020 Owner Occupied Housing Units 4,204 18,831 52,586 2020 Renter Occupied Housing Units 2,910 13,696 28,151 2020 Vacant Housing Units 2,525 6,936 15,628 2023 Total Housing Units 10,080 40,641 98,194 2023 Owner Occupied Housing Units 4,463 19,180 53,911 2023 Renter Occupied Housing Units 2,965 14,780 28,942 2023 Vacant Housing Units 2,652 6,681 15,341 2028 Total Housing Units 10,687 41,530 99,541 2028 Owner Occupied Housing Units 4,609 19,667 54,794 2028 Renter Occupied Housing Units 3,687 15,406 29,572 2028 Vacant Housing Units 2,391 6,457 15,174 Socioeconomic Status Index 2023 Socioeconomic Status Index 47.5 45.1 47.3 Currently, 54.9% of the 98,194 housing units in the area are owner occupied; 29.5%, renter occupied; and 15.6% are vacant. Currently, in the U.S., 58.5% of the housing units in the area are owner occupied; 31.7% are renter occupied; and 9.8% are vacant. In 2020, there were 96,341 housing units in the area and 16.2% vacant housing units. The annual rate of change in housing units since 2020 is 0.59%. Median home value in the area is $351,565, compared to a median home value of $308,943 for the U.S. In five years, median value is projected to change by 1.41% annually to $376,987. Data Note: Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 or more owner-occupied housing units. The Gini index measures the extent to which the distribution of income or consumption among individuals or households within an economy deviates from a perfectly equal distribution. A Gini index of 0 represents perfect equality, while an index of 100 implies perfect inequality. Source: U.S. Census Bureau. Esri forecasts for 2023 and 2028. Esri converted Census 2010 into 2020 geography and Census 2020 data. December 14, 2023 ©2023 Esri Page 2 of 2 12 803 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Vacant lot 1111 South Federal Highway Boynton Beach, FL 33435 OWNERSHIP: 1111 S Federal Hwy Development LLC 1739 Cheshire Bridge Road NE Atlanta, GA 30324 4921 LAND AREA: Approximately 15,459 square feet or 0.355 of an acre. Size is from public records. No sketch of survey is available for review. BUILDING IMPROVEMENTS: No structural improvements on the lot ZONING: “C-3”, Community Commercial in the city of Boynton Beach LAND USE: “LRC”, Local Retail Commercial CRA DISTRICT: Downtown District APPRAISAL PURPOSE: To develop an opinion of market value INTEREST APPRAISED: Fee simple CURRENT USE: Vacant HIGHEST AND BEST USE: As vacant: For a stand-alone, small retail or office building or for future assemblage with adjacent property for a larger mixed use project of office, retail and residential uses VALUE BY THE SALES COMPARISON APPROACH: 15,459 square feet x $57.65 per square foot (rounded to) = $891,000 EIGHT HUNDRED NINETY-ONE THOUSAND DOLLARS VALUATION DATE: December 31, 2023 Exposure Time: 12 months prior to selling at the appraised value. Marketing Time: 12 months immediately following the effective date of appraisal during which time the subject property should sell at the appraised value. 13 804 DESCRIPTIONS, ANALYSES, CONCLUSIONS 14 805 APPRAISAL REPORT This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP 2020 - 2023) 2-2(a)(i) State the identity of the client; The client and intended user of this report is the Boynton Beach Community Redevelopment Agency. 2-2(a)(ii) State the identity of any other intended users by name or type; None 2-2(a)(iii) State the intended use of the appraisal; The intended use of the appraisal is for possible acquisition of the appraised property. 2-2(a)(iv) Contain information, documentation, and/or exhibits sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic property characteristics relevant to the assignment; Owner: 1111 S Federal Hwy Development LLC 1739 Cheshire Bridge Road NE Atlanta, GA 30324-4921 Property Address: 1111 South Federal Highway Boynton Beach, FL 33435 Legal Description: Lots 12 and 13, PARKER ESTATES, Plat Book 10, page 37, Palm Beach County, FL, less the east 15 feet for road. Complete legal description on the acquiring deed in the Addenda. Census Tract No. 61 15 806 APPRAISAL REPORT (continued) Real Estate Tax: Parcel Control Number: 08 43 45 28 24 000 0120 Land Value: $494,752 Improvement Value: -0- Total Value: $494,752 Assessed Value: $494,752 Exemption Amount: - 0 - Taxable Value: $494,752 Ad Valorem Tax: $ 10,020 Non Ad Valorem Tax: $ - 0 - Total Tax: $ 10,020 Real estate tax for 2023 is not paid. There are no outstanding taxes for previous years. Properties are assessed in arrears by the county property appraiser. The tax bill is issued in November and a 4% discount is given to a tax payer if the amount is paid in November. The discount diminishes until March, when the tax is due and payable. In Florida, the taxable (assessed) value for non- homesteaded properties can be increased to a maximum of 10% per year, from tax year 2009 going forward, based on a constitutional amendment voted on by the electorate of the state. There are some exceptions which relate to school taxing districts. However, the millage of the city can increase; thus, real estate taxes can continue to increase from year to year. The 10% per year increase cap accounts for the difference between the Total Value of the appraised property and the Assessed Value. The ownership of the appraised land changed in 2022, triggering a new property value by the county property appraiser. The taxable value increased along with the ad valorem tax. 16 807 APPRAISAL REPORT Market Area Description: Boundaries and Market Composition & Transportation Infrastructure The general market area is the City of Boynton Beach in eastern -central Palm Beach County. Population of the city is about 79,000 residents; land area of the municipality is about 16 square miles situated between Delray Beach on the south and Lake Worth on the north. The town was named for an early developer, Nathan Boynton, a former major in the Union Army in the Civil War. The city was founded in 1898 and incorporated in 1920. Most of the original buildings were destroyed in the hurricane of 1926, though a few remain. Those few which were constructed in the early 1920s that are still in use have had repairs and replacements over the decades changing their historical significance. Time and economic trends take a toll on properties; thus, in 1984 a redevelopment plan was adopted for the Community Redevelopment Area (CRA) in the city. It covers 1,650 acres in the central part of the municipality west of the Intracoastal Waterway. Agriculture and farming had been important activities in past centuries in Boynton Beach. Commerce came to the area when Henry Flagler extended the Florida East Coast Railway from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the town as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. Freight trains still run through the subject market area on the FEC tracts. Higher speed, passenger Brightline train runs along the FEC tract, but does not stop in Boynton Beach. There are depots in downtown Miami, downtown Fort Lauderdale and downtown West Palm Beach. Boca Raton, Aventura, Port of Miami are added to the list. Rail service to Orlando is operating. In the future, there may be commuter rail service along the FEC tracks with a station in downtown Boynton Beach; however, no plans have been announced. 17 808 APPRAISAL REPORT (continued) The subject market area includes the Boynton Beach CRA districts of the Boynton Beach Boulevard corridor and the Downtown CRA District to the east which has the following general boundaries of Florida East Coast (FEC) Railroad on the west, Federal Highway and the Intracoastal Waterway on the east, Northeast 7st Avenue to the north and Southeast 12 Avenue on the south. The market area fans out to the Federal Highway North and South CRA Districts, flanking the Downtown District. The geographic area is relatively small, with one district blending into the next. Boynton Beach Boulevard corridor (east/ west) and Federal Highway (north/south) are the most heavily traveled arteries in the city. Federal Highway is the main north-south artery through the Downtown District. It is also known as US Highway 1 and is the main north -south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. Heavily trafficked Federal Highway is a catalyst to redevelopment of the market area, with over 2,300 residential dwelling units in five projects either built or planned. Road beautification projects enhanced the aesthetics of the market area. Most individual properties have shallow depths, inhibiting redevelopment of small parcels on their own. Hence, assemblages of adjacent properties and rezoning to mixed use are revitalizing the subject market area. Land Sales 2 and 5 are examples of such assemblages. Primary east-west artery is Boynton Beach Boulevard, with Ocean Avenue to the south as a secondary thoroughfare. Boynton Beach Boulevard is the principal east-west artery in city, having interchanges with Interstate 95 and Florida’s Turnpike. Boynton Beach Boulevard commences in the east at US Highway 1, just to the east of the FEC Railroad. The boulevard continues west through Palm Beach County to its terminus at State Road 7/ U S Highway 441. Ocean Avenue, in the Cultural District of the CRA, is an upgraded streetscape of wide sidewalks covered with pavers, lighting, kinetic sculptures, and bollards. Ocean Avenue continues east of the Cultural District with a drawbridge over the Intracoastal Waterway, reaching Ocean Boulevard and the Atlantic Ocean. Ocean Avenue extends west through Boynton Beach, with an interruption at Interstate 95. 18 809 APPRAISAL REPORT (continued) To the northwest of the Downtown District and the Federal Highway North District is the Heart of Boynton District where the CRA has concentrated funds and effort into revitalizing the area with new housing options and upgraded streetscapes. The CRA has purchased numerous smaller properties to assemble larger sites for redevelopment of mixed use projects. The subject market area is eas ily accessible by main roads and Interstate 95. Population Trends The demographic survey in the beginning of the report of 1, 3, and 5 mile radial circles from the appraised property shows the median household income for 2023 in the one-mile radius is $61,432, for three miles it is $64,150, and $67,111 for the five mile circle. Median household income for Palm Beach County is $68,900. In the one-mile circle, population is 15,523. In three miles, population increases to 77,520; at five miles, it is 190,039. However, about 40% of the three and five mile circles are over the Atlantic Ocean and waterways. Annual growth rate in the one-mile circle for the next five years is anticipated to be high at 2.05%, with new multi-family residential complexes being constructed in central Boynton Beach. Annual growth rates in the three and five mile circles are slower at 0.46% and 0.18%. 55% of the housing units are owner occupied, with 30% rented. This percentage of renters is high for Palm Beach County because there are numerous multi-family dwellings in this vicinity. Vacancy is reported to be 15%; however, this amount is elevated due to the undercount of the other two categories as some residents are seasonal and not counted. Median home value in the five-mile area is $351,565 including the highly priced homes fronting the Atlantic Ocean and Intracoastal Waterway, compared to median home value of $308,943 in the United States. Economic Trends In South Florida, as in the rest of the United States, real estate prices climbed from 2003-2006. In 2007-2008, concerns were expressed about an unsustainable upward price trend in the market. Then, the economic collapse came in fall of 2008 along with th e crash in real estate prices. In 2009, there were very few sales of any type of real estate. By 2010, it appeared that the worst was over. Cash buyers started making purchases. From 2013 to 2020, sales activity and prices recuperated. In 2021, prices took a grand upswing due in part to scarcity of developable land, especially in the eastern part of the county, and part to rising prices in general. 19 810 APPRAISAL REPORT (continued) The life cycle stage of the market area is revitalization, a period of renewal, modernization, and increasing demand. The catalyst of the revitalization was 500 Ocean fronting Federal Highway, consisting of 341 residential units, 20,000 square feet of retail space and 6,000 square feet of office. Several other mixed-use projects are planned along Federal Highway such as Ocean One at 114 N Federal Highway which was finally approved for 371 apartments, 25,588 square feet of retail, and 450 parking spaces. Davis Camalier sold the site to Hyperion Group for $78.98 per square foot in December, 2021. Another Federal Highway project is comprised of thirteen parcels beginning at the northeast corner of North Federal Highway and SE 2 Avenue, then extending east. All of the existing improvements were demolished and removed to make way for Broadstone at Boynton Beach, a mixed use project with 274 dwelling unit and 13,110 square feet of retail space. Land unit sale price equates to $83.18 per square foot in May, 2022 for the initial transaction. With the project underway, there was a second sale to another developer. Land Sale 5 at 515 South Federal Highway will be another mixed use project. Its sale unit price was $52.70 per square foot in January, 2022. Details of the transaction are on the sale sheet in this report. The Villages at East Ocean Avenue, an assemblage of eighteen parcels over two decades, will be a mixed use project stretching from Boynton Beach Boulevard on the north to SE 1 Avenue on the south. The project was approved for 371 dwelling units, 15,757 square feet of commercial space, plaza, 644-space parking garage, et cetera. The buyer will update the design and proceed as approved. Land unit sale price was approximately $54.12 per square foot in May, 2022. Boynton Beach Community Redevelopment Agency (CRA) accepted the proposal from Affiliated Development from five submissions to build a mixed-use project at 115 North Federal Highway. The CRA had purchased the property when improved with a church and subsequently demolished it. The size of the land offered by the CRA was 2.28 acres, including parking lots and the recent purchase of 508 East Boynton Beach Boulevard. Land purchase by Affiliated Development has not been finalized. The proposed project will be called the Pierce, for the legendary Barefoot Mailman, Charlie Pierce. Project size will be 236 apartments, 16,800 square feet of restaurant, retail and office, and 600 space parking garage. 150 of the apartments would be for workforce housing units. 20 811 APPRAISAL REPORT (continued) Boynton Beach CRA purchased the property at 511-529 East Ocean Avenue where Hurricane Alley Raw Bar & Restaurant is located. Purchase price was $3,600,000. This property consists of three buildings with a total size of approximately 17,201 square feet on a site of 17,903 square feet. It is in the block to the south of 115 North Federal Highway and will become part of the Pierce project. The convenience store at 101 North Federal Highway, adjacent to the west of 529 East Ocean Avenue, was purchased by a related entity to Affiliated Development, providing Federal Highway frontage for the two southern blocks that the Pierce will cover. Purchase price for this improved property was $2,000,000 or $184.10 per square foot of building including land. Town Square, a major redevelopment project to the west of Federal Highway, covers three blocks from the south side of Boynton Beach Boulevard south to SE 2 Avenue, encompassing 16.5 acres of land. The north section covers the area of the old city hall and police station which were demolished and removed. For several years, the north and south sections of the project have sat vacant. The middle section was improved with a new City Hall, library, park, museum, amphitheatre and fire station. The former school was preserved. In April, 2023, the north and south sections were sold to Boynton Beach Town Center for a price of $44 million or approximately $126 per square foot of land. The master plan for the parcels include: o 900 residential rental units o 24,000 square feet of retail space o Parking garage for 2,000 vehicles, with 500 of these spaces for city use In addition to the transfer of the ownership of the land, other agreements and considerations were made such as a 100 year parking lease agreement with the City. The Town Square project is the catalyst for other pending mixed-use projects to move forward. Boynton Beach Community Redevelopment Agency (BB CRA) activity in the Boynton Beach Boulevard District includes the purchase of 209 N Seacrest Boulevard which is a two-story commercial building that was leased to the city and used for the Boynton Beach Utility Customer Service facility and the Police substation. The purchase price was $1,400,000, closed in October, 2020. 21 812 APPRAISAL REPORT (continued) The adjacent property to the north at 217 N Seacrest Boulevard is leased to the United States Postal Service, with a one-story building and large parking lot for postal vehicles. The north side of the property fronts Boynton Beach Boulevard. BB CRA purchased the property for $1,600,000 or $40.52 per square foot of land in February, 2023. Purchases of these two properties are examples of the BB CRA pursuing assemblages to amass land which can be redeveloped into larger mixed use facilities as planned for the Boynton Beach Boulevard corridor. BB CRA acquired property at 401-411 East Boynton Beach Boulevard in February, 2021 for $917,000 or $54.94 per square foot of land including buildings. Subsequent to the purchase, BB CRA had the improvements demolished and removed. Plans are to construct a small retail center including a space for the United States Postal Service to move due to the sale of the building it occupied at 217 N Seacrest Boulevard. The search continues for a developer for the project. Land Sales 2 and 3 are negotiated purchases by the BB CRA. Both properties are vacant sites fronting the north side of West Boynton Beach Boulevard. The seller of Sale 2 assembled four parcels to form a site of 46,017 square feet. Purchase price equates to $47.48 per square foot; closed in March, 2023. Sale 3 is a vacant tract containing 24,707 square feet. Sale unit price was $48.57 in June, 2023. These sales are made by choice of the property owners; they are not under the threat of condemnation. Conclusion The town’s redevelopment goal is to transform Boynton Beach from a retirement community to a vibrant city where residents can enjoy living and working in an attractive setting. Boynton Beach Community Redevelopment Agency is instrumental in the renaissance of the city. The transformation of the area is in progress. Development of real estate takes time and the right market conditions which have been positive. Progress and completion of projects convey confidence that revitalization will continue to occur. Price trend for real estate in the subject market area will rise as the demand for new commercial space and mixed-use projects progresses. 22 813 APPRAISAL REPORT (continued) Current Land Use: Local Retail Commercial (LRC) BB CRA Land Use: Proposed: Mixed Use, medium intensity, 50 dwelling units per acre with a possible 20% bonus for being in the Transit Oriented Development District, maximum height 150 feet. Mixed Use, medium intensity, requires one acre of land and 150 feet of frontage. CRA District: Downtown District Zoning: “C -3”, Community Commercial District in the city of Boynton Beach. The intent of this district is to implement the local retail commercial future land use map classification of the Comprehensive Plan. Uses allowed in the district are intended to provide a wide range of goods and services located along major thoroughfares. The C-3 district allows 11 dwelling units per acre, adhering to the R-3 regulations. Minimum lot area is 15,000 square feet. Minimum lot frontage is 75 feet. Copy of the zoning code is in the Addenda. The size of the appraised land is 15,459 square feet and a minimum width of 120 feet, meeting the minimum standard in the C-3 District. Platting: The appraised land is platted. Site Description: The shape of the site is quadrangle. Approximate dimensions and size are from public records. North boundary SE 10th Avenue: 140 feet East boundary on S Federal Highway: 127 feet South boundary adjacent property: 109 feet West boundary on SE 4 Street: 120 feet Total: 15,459 square feet or 0.0355of an acre 23 814 APPRAISAL REPORT (continued) Utilities: All utilities are available to the site. Access: The site is accessible via South Federal Highway, a north-south principal arterial with streetlights, sidewalks, storm drains and a raised, landscaped median. Federal Highway consists of two northbound lanes and two southbound lanes. SE 10 Avenue is a two-laned local road. SE 4 Street is a secondary north-south road with divided lanes, street parallel parking, sidewalks and streetlights. Easements: A photo of the land in the beginning of the report shows a guide wire anchored in the ground connected to the electrical poles. Typically, the owner of privately held land grants an easement to Florida Power and Light to permit the guide wire to be placed on the land. If such an easement was granted, it would most probably have been years ago. A review of the readily available recorded document on the property did not include a granting of an easement. A title search should reveal such an easement, prepared if the BB CRA chooses to purchase the site. An easement may reduce the size usable size of the site. Encroachments: There is no sketch of survey to review to note if there are encroachments. Improvement Description: There are no structural improvements on the site. Environmental Assessment: No assessment was available for review. 24 815 APPRAISAL REPORT 2-2(a) (v) State the real property interest appraised; A person who owns all the property rights is said to have fee simple title. A fee simple title implies absolute ownership unencumbered by any other interest or estate. Partial interests in real estate are created by selling, leasing, et cetera. Partial estates include leased fee and leasehold estates. The interest appraised is fee simple. 2-2(a)(vi) State the type and definition of value and cite the source of the definition; The purpose of the appraisal is to develop an opinion of market value of the subject property as of December 31, 2023. MARKET VALUE: a type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories as follows. 1. the relationship, knowledge, and motivation of the parties (i.e., seller and buyer); 2. the terms of sale (e.g., cash, cash equivalent, or other terms); and 3. the conditions of sale (e.g., exposure in a competitive market for a reasonable time prior to sale). Market value appraisals are distinct from appraisals completed for other purposes because market value appraisals are based on a market perspective and on a normal or typical premise. These criteria are illustrated in the following definition of Market Value*, provided here only as an example. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions as follows. 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. 25 816 APPRAISAL REPORT * This example definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration (NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994, and in the Interagency Appraisal and Evaluation Guidelines, dated December, 2010. Florida Court Definition: “Market Value is the price that a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, would agree to in fair negotiations with knowledge of all the facts.” [Source: Fla. Power & Light Co., v. Jennings, 518 So.2d 895 (Fla. 1987)] 2-2(a)(vii) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: December 31, 2023 B) Date of the Report: December 31, 2023 2-2(a)(viii) Summarize the scope of work used to develop the appraisal; The appraisal problem is to develop an opinion of value of the property based on its highest and best use. The appraisers visited the property. An investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. Data research consisted of collecting, confirming, and reporting land sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including multiple listing service, Palm Beach County Property Appraiser’s records, the public records, and data from the appraisers’ plant. 2-2(a)(ix) Summarize the extent of any significant real property appraisal assistance; The two signatory appraisers are the only people involved in the appraisal process. 26 817 APPRAISAL REPORT 2-2(a)(x)(1) Summarize the appraisal methods and techniques employed; (2) State the reasons for excluding any of the valuation approaches; (3) Summarize the results of analyzing the subject sales, options and listings; (4) State the value opinion and conclusion (5) Summarize the information analyzed and the reasoning that supports the analyses, opinions, and conclusions For Sales Comparison Approach, land sales are compared to each other and to the property under appraisement to arrive at an opinion of value. The information analyzed and the appraisal method used is detailed in the valuation section of the report. Further, the reasoning that supports the analyses, opinions, and conclusions is explained in the valuation section. Cost Approach is not used because no permanent structures were considered in the valuation. The Income Approach is not employed in this appraisal because most sites like the subject are purchased and not leased. Exclusion of these approaches to value still produces a creditable report. The value opinion and conclusion is stated at the end of the Sales Comparison Approach – Land Valuation. SR 1-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; The land under appraisement is listed for sale for $895,000 or $57.90 per square foot. The date of the listing was September 25, 2023. 27 818 APPRAISAL REPORT b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. The current owner purchased the property on December 12, 2022 for $625,000 or $40.43 per square foot. A copy of the deed is in the Addenda. Based on a review of comparable land sales close to that date, the sale unit price is low. 2-2(a)(x i) State the use of the real estate existing as of the effective date and use of the real estate reflected in the appraisal; The use of the real estate on the date of valuation is vacant land, and it is this use which is reflected in the appraisal. No personal property is included in the valuation. APPRAISAL REPORT 2-2(a)(xii) When an opinion of highest and best use was developed by the appraiser, state that opinion and summarize the support and rationale for that opinion; HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant The land appraised is a platted parcel containing 15,459 square feet. It is located at a double, minor corner of South Federal Highway and SE 10th Avenue, and SE 10th Avenue and SE 4th Street. The parcel is level and filled to street grade. All utilities are available to the site. No soil or subsoil tests were available for review to ascertain if the appraised land is capable of supporting buildings. However, surrounding properties have been improved with one or two-story building for over 100 years. Physical constraint to develop the site is its size which governs the size and number of the potential improvements that can be placed on it. 28 819 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Legally Permissible as Vacant Legal restrictions to the development of the site consist of land use designation, building and zoning codes, platting and deed restriction, none of which came to light during the property investigation. Land use designation is Local Retail Commercial. Zoning is “C-3”, Community Commercial District. Minimum lot size is 15,000 square feet; minimum lot frontage is 75 feet. The appraised site meets these standards and could be put to one of the permitted uses in the “C-3” district. Financially Feasible as Vacant The third test of Highest and Best Use is economic feasibility. Demand for a certain property type must be evident for it to be feasible. For it to be financially feasible, the use must be marketable and provide the investor with a competitive return when compared with alternate uses. As mentioned, assemblages of smaller parcels into larger sites for mixed use development are taking place in the subject market area and in other CRA districts. Once a large site is assembled, the development process can commence with possible zoning and/or land use change to permit a mixed use project such as 500 Ocean. For mixed use, medium intensity, one acre of land is required. The only possibility of assemblage is with the property to the south that is currently improved with a gas sales station. Size of the adjacent property is 0.4718 of an acre. Together, the two properties are 0.83 of an acre, less than the required one acre for mixed use. Hence, an assemblage of the subject with another property for a larger use may be far into the future. Currently, the appraised site is of sufficient size to be improved with a use permitted in the “C-3” district. It has a corner location with 127 feet of frontage on Federal Highway, the main north-south route in the city; depth is 140 feet. Financially feasible use of the land concerned is to improve it with a retail facility to cater to the everyday needs of the existing residents and those who will live and work in the projects being constructed in the market area. The most probable buyer is a local developer who wants to be a part of the revitalization. Time for development is now with little competition from similar, smaller new properties. 29 820 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Maximally Productive as Vacant In summary, the Highest and Best Use of the land in question is to be developed with a small multi-bay retail center which use is physically possible, probably legally permissible, financially feasible and maximally productive. Future highest and best use, if assemblage with adjacent properties could be accomplished to form a one-acre site, is development of a medium intensity mixed use project with residential units on the upper floors and commercial use on the ground level. 2-2(a) (xiii) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. There are no extraordinary assumptions or hypothetical conditions in this report. 2-2(a) (xiv) Include a signed certification in accordance with Standards Rule 2-1 See signed certification in report. 30 821 SALES COMPARISON APPROACH LAND VALUATION 31 822 32 823 33 824 LAND SALE 1 1320 S. FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 34 825 LAND SALES SALE NO. 2 LEGAL DESCRIPTION Le ngthy description, see deed RECORDED OR Book 34211, page 344 Palm Beach County, FL GRANTOR MG Delray Holdings LLC, et al GRANTEE Boynton Beach Community Redevelopment Agency DATE OF SALE March 29, 2023 LOCATION 219 & 225 W Boynton Beach Boulevard 212 & 222 NW 3 Court Boynton Beach, FL ZONING “C-2”, Commercial “R-1-A”, single family residential LAND USE “LRC ”, Local Retail Commercial SALE PRICE $2,185,000 LAND SIZE 46,017 square feet or 1.06 acres UNIT OF COMPARISON $47.48 per square foot of land PARCEL CONTROL NOS. 08 43 45 21 07 001 1180 08 43 45 21 07 001 1160 08 43 45 21 07 001 1120 08 43 45 21 07 001 1131 CONDITIONS OF SALE Cash sale. Arm’s length transaction. CONFIRMED Office of closing attorney Kenneth Dodge COMMENTS Four parcels assembled by the grantor sold to the CRA in a negotiated transaction. 35 826 36 827 37 828 LAND SALE 2 219 W. BOYNTON BEACH BOULEVARD BOYNTON BEACH, FL 38 829 LAND SALES SALE NO. 3 LEGAL DESCRIPTION Lot 129, less the south 10 feet, RIDGEWOOD HILLS, Plat Book 23, page 250 and Lots 83 & 84, less the south 10 feet, RIDGEWOOD, Plat Book 13, page 7, Palm Beach County, FL RECORDED OR Book 34373, page 722 Palm Beach County, FL GRANTOR Boynton East LLC GRANTEE Boynton Beach Community Redevelopment Agency DATE OF SALE June 12, 2023 LOCATION 433 W Boynton Beach Boulevard Boynton Beach, FL ZONING “C-2”, Commercial LAND USE “LRC ”, Local Retail Commercial SALE PRICE $1,200,000 LAND SIZE 24,707 square feet or 0.5672 of an acre UNIT OF COMPARISON $48.57 per square foot of land PARCEL CONTROL NOS. 08 43 45 21 15 000 0830 CONDITIONS OF SALE Cash sale. Arm’s length transaction. CONFIRMED Office of closing attorney Kenneth Dodge COMMENTS Vacant parcel sold to the CRA in a negotiated transaction. 39 830 LAND SALE 3 433 W. BOYNTON BEACH BOULEVARD BOYNTON BEACH, FL 40 831 LAND SALES SALE NO. 4 Villages at East Ocean Avenue RECORDED seven deeds GRANTOR East Ocean Avenue LLC, et al GRANTEE BB North LLC and BB South LLC DATE OF SALE May 3, 2022 LOCATION Assemblage of parcels from Boynton Beach Blvd on the north to SE 1 Avenue on the south, and from FEC Railroad on the east to NE/ SE 3 Street on the west, Boynton Beach, FL ZONING “C-3”, Commercial, “MU-C”, Mixed Use Core “MU-2”, Mixed Use medium density LAND USE “MU-H”, Mixed Use-High, “MU-Medium” SALE PRICE $11,995,936 LAND SIZE 221,646 square feet or 5.1 acres UNITS OF COMPARISON $54.12 per square foot of land PARCEL CONTROL NOS. 08 43 45 28 03 002 0070 08 43 45 28 03 002 0080 08 43 45 28 03 005 0040 08 43 45 28 03 005 0071 08 43 45 28 03 005 0100 08 43 45 28 03 008 0030 08 43 45 28 03 008 0050 08 43 45 28 03 008 0060 08 43 45 28 03 008 0071 08 43 45 28 03 008 0072 08 43 45 28 03 008 0081 08 43 45 28 03 011 0040 08 43 45 28 03 002 0020 08 43 45 28 03 002 0110 (Continued) 41 832 LAND SALES (Continued) 08 43 45 28 02 002 0030 08 43 45 28 03 002 0050 08 43 45 28 03 005 0020 08 43 45 28 03 005 0080 CONDITIONS OF SALE Financing provided by Synovus Bank in the amount of $6,737,500. Arm’s length transaction. CONFIRMED Office of grantor Arthur D’Almeida, P. A. COMMENTS Grantor assembled the 18 parcels over two decades. Site plan approval took two years from 2015-2017, then the grantor did not move ahead on the project. In 2017, city of Boynton Beach approved a mixed use project called the Villages at East Ocean Avenue with 371 apartments and 15,757 square feet of commercial space. Grantee plans to make minor changes to update the design. Density will be 73 units per acre. Old improvements will be demolished and removed, having no contributory value to the property. 42 833 LAND SALE 4, PHOTO 1 VILLAGES AT EAST OCEAN AVENUE, BOYNTON BEACH, FLORIDA LAND SALE 4, PHOTO 2 VILLAGES AT EAST OCEAN AVENUE 2 OF 4 PHOTOS OF VILLAGES AT EAST OCEAN AVENUE 43 834 LAND SALE 4, PHOTO 3 VILLAGES AT EAST OCEAN AVENUE LAND SALE 4, PHOTO 4 VILLAGES AT EAST OCEAN AVENUE PHOTOS 3 & 4 OF LAND SALE 3 44 835 LAND SALES SALE NO. 5 LEGAL DESCRIPTION Le ngthy description on deeds in appraisers’ file RECORDED OR Book 33271, page 1173 Palm Beach County, FL OR Book 33279, page 1242 Palm Beach County, FL OR Book 33271, page 1248 Palm Beach County, FL GRANTOR Boynton Beach Group LLC Ocean Hudson LLC Exsorro One Inc. GRANTEE 515 South Federal LLC DATE OF SALE January 28, 2022 LOCATION 515 South Federal Highway + parcels to the north Boynton Beach, FL ZONING “C-3”, Commercial LAND USE “LRC ”, Lo cal Retail Commercial SALE PRICE $8,200,000 LAND SIZE 155,587 square feet or 3.57 acres UNIT OF COMPARISON $54.60 per square foot of land PARCEL CONTROL NOS. 08 43 45 28 07 001 0170 08 43 45 28 07 001 0130 08 43 45 28 07 001 0180 08 43 45 28 07 001 0190 08 43 45 28 07 001 0202 08 43 45 28 07 001 0201 08 43 45 28 07 001 0220 08 43 45 28 07 001 0101 08 43 45 28 07 001 0140 CONDITIONS OF SALE Cash sale. Arm’s length transaction. CONFIRMED Office of closing attorney Kenneth Kaleel COMMENTS Assemblage of nine parcels for future mixed use project. 45 836 LAND SALE 5 515 South Federal Highway Boynton Beach, FL LAND SALE 5 515 South Federal Highway Boynton Beach, FL 46 837 LAND SALE COMPARISON & ADJUSTMENT CHART Transactional Adjustments Property Adjustments LAND SALE PRICE SALE LAND SIZE LAND Condition Adjusted Price Market Conditions Adjusted Price Location Stage of Final Final Price per SALE PRICE/ SF DATE Sq.Ft. & Ac.ZONING of sale for Sale Conditions 5%/Year for Market Conditions Adjustment Development Adjusted Price Square Foot 1 1320 S. Federal Highway $1,600,000 4/20/2023 22,686 "MU"($160,000)$1,440,000 $48,240 $1,488,240 $0.00 ($148,824)$1,339,416 $59.04 Boynton Beach, FL $70.53 0.52 Mixed Use/Low Density Superior -10%Inferior + 3.35%Equal Superior - 10% 2 219 & 225 W.Boynton Beach Blvd.$2,185,000 3/29/2023 46,017 "C-2" Commercial $0 $2,185,000 $81,938 $2,266,938 $453,388 $0 $2,720,325 $59.12 212 & 222 NW 3 Court $47.48 1.06 "R-1-A" Single Family Res.Equal Inferior + 3.75%Inferior + 20%Equal Boynton Beach, FL 3 433 W. Boynton Beach Blvd.$1,200,000 6/12/2023 24,707 "C-2" Commercial $0 $1,200,000 $30,000 $1,230,000 $246,000 $0 $1,476,000 $59.74 Boynton Beach, FL $48.57 0.57 Equal Inferior + 2.50%Inferior + 20%Equal 4 B. Bch. Blvd,: On North, to SE 1st Ave $11,955,936.00 5/3/2022 221,646 "C-3", "MU-C", & "MU-2"$0 $11,955,936 $998,321 $12,954,257 $0.00 ($1,295,426)$11,658,831 $52.60 on South; & FEC On E, to NE 3 Street on $53.94 5.09 Commercial & Mixed Use Equal Inferior + 8.35%Equal Superior - 10% The West; Boynton Beach, Florida 5 515 S. Fed. Hwy. + parcels to N.$8,200,000 01/28/2022 155,587 "C-3"$0 $8,200,000 $787,200 $8,987,200 $0 $0 $8,987,200 $57.76 Boynton Beach, Florida $52.70 3.57 Commercial Equal Inferior + 9.60%Equal Equal SUBJECT VALUE VALUE per SQ.FT. 1111 S Federal Highway $891,000 12/31/2023 15,459 "C-3"--------------------------------------$57.65 Boynton Beach, FL 0.35 Commercial 47 838 SALES COMPARISON APPROACH LAND VALUATION Of the several methods to develop an opinion of land value, the one considered the most reliable is the Sales Comparison Approach. In this method, sales of similar vacant parcels are compared to the site concerned; then adjusted for differences to arrive at land value. The steps of Sales Comparison in Land Valuation are: 1) Locate and collect information of recent sales of sites most similar to the land being appraised. 2) Verify the sales information with the most reliable sources, including details of financing and any special considerations or non-typical market features. 3) Select relevant units of comparison and develop a comparative analysis. 4) Compare and adjust the sales to the subject using significant, market-derived units of comparison. 5) Reconcile all value indications from the comparisons into a value opinion by this approach. Land size of the subject is 15,459 square feet; zoning is “C-3”, Community Commercial District in the city of Boynton Beach, FL. Highest and best use for the appraised property is to improve it with a small, multi-bay retail center. Future use, if possible is to assemble it with adjacent property for a larger mixed-use project. Fee simple interest of the market value of the land is developed in this Sales Comparison Approach. A search was made to find recent sales of properties in the immediate subject market area with the price attributable to the land; existing improvements have no contributory value toward the highest and best use of the properties. A property-by-property search was conducted along Boynton Beach Boulevard and US Highway 1. Of the sales reviewed, the five that are more similar to the subject are included in this appraisal. Details of the transactions are on the sale sheets and chart. The unit of comparison used by buyers and sellers of this type of property is the Sale Price per Square Foot of Land. The range of unit prices of the sales is from $47.48 to $70.53 per square foot, before adjustment. ELEMENTS OF COMPARISON Elements of comparison are the characteristics of transactions and properties that cause variation in prices paid for real estate. The Appraisal of Real Estate states that there are several basic elements of comparison that may be considered in sales comparison analysis for land valuation. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale and market conditions. Adjustments for transactional elements are made, then, attention is focused on the second group, property elements. This second group of property elements consists of location, physical characteristics and use. (Continued) 48 839 SALES COMPARISON APPROACH (Continued) Real Property Rights Conveyed A transaction price is always predicated on the real property interest conveyed. Property interests conveyed can either be fee simple (without tenants) or leased fee (subject to leases). An adjustment for property rights conveyed is based on whether a leased fee interest was sold with leases at, below, or above market rent. The interest valued for the subject property is fee simple. The sales were all conveyances of fee simple interests without leases or easements which were significant enough to affect the price. No adjustment is necessary for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. The reverse is also a possibility in which lower sale prices result from above market financing. Sales 1, 2, 3 and 5 were cash transactions. Since third party financing is readily available, Sales 4 took advantage of this condition and gave a mortgage to a financial institution. Loan to price ratio is 56%. Reportedly, there was no inducement to accept the financing. No adjustment is made for this element of comparison. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market, the result of an eminent domain proceeding, or tax consideration. None of the land sales are transactions by lenders after foreclosures of prior mortgages on the properties. Grantors and grantees of Sales 1, 4 and 5 were private parties. Grantors of Sales 2 and 3 sold the properties to Boynton Beach Community Redevelopment Agency (BB CRA) in negotiated transactions. There was no pending government action that would have compelled the grantors to sell. Grantors of Sales 2, 4 and 5 assembled multiple lots to form larger sites that would be attractive to buyers who want to quickly move ahead on projects and not take years to accumulate sufficient land for them. Conditions of sale for the transfers of Sales 2, 3, 4 and 5 were typical for a market in the life stage of revitalization, with no adjustments necessary. (Continued) 49 840 SALES COMPARISON APPROACH (Continued) Reportedly, the grantee of Land Sale 1was involved in a 1031 Exchange and had to purchase the property in the time frame of the exchange. The unit price paid for the land exceeds the typical market price range. This condition of Sale of No. 1 makes its price superior to the other transactions. Hence, Sale 1 is adjusted downward 10% for this aspect of this element of comparison. Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions which change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria, building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. Three of the sales occurred in 2023, and two in 2022. Some properties have had a significant increase in price during the past few years. Such increases are characteristic of the market due in part to scarcity of properties for sale and lack of land for more building. The high percentage of increase may not be representative of the price trend going forward. For buyers wanting to finance transactions, the rise in interest rates is negatively affecting the prices they can pay. Volume of sales has dropped significantly in 2023 due to the increased interest rates and buyers’ unwillingness to pay higher prices. The inflation rate in 2021 was 4.7%; in 2022, it was 8.0%. The rate began in 2023 at 6.4%, moving down to 3.3%, currently. A decrease in the inflation rate will take time to move through the financial channels and become part of the matrix that affects real estate prices. Despite the dearth of 2023 sales and slowing inflation, the change in market conditions is still positive at a moderate 5% annually. Each of the sales is adjusted upward 5% annually for market conditions to the effective date of appraisal. The amounts of the adjustments are shown on the chart. Adjustments for transactional elements of comparison were considered; now, property elements of comparison are addressed. Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, average daily traffic flow, etc. Typically, properties in a neighborhood share some of the same locational characteristics such as age, condition, and style. The appraised site and the sale properties are in the Boynton Beach Community Redevelopment Area (BB CRA) fronting the main roads in the market. Each of the properties borders either Boynton Beach Boulevard or Federal Highway, affording access and visibility to potential drive-by customers. (Continued) 50 841 SALES COMPARISON APPROACH (Continued) Zoning district for the subject is “C-3”, Community Commercial, with a minimum size of 15,000 square feet. Sale 5 and part of 4 are also zoned “C-3.” Sales 2 and 3 are zoned “C-2,” Neighborhood Commercial, a less intense district than “C-3.” Zoning for Sale 1 and the other part of Sale 4 are already “MU” mixed use. The subject and the sales are platted. BB CRA recommended development potential for the appraised land and Land Sales 1, 4 and 5 is 50 dwelling units per acre. These sites line Federal Highway and East Boynton Beach Boulevard. For Sales 2 and 3, it is 20 dwelling units per acre, fronting West Boynton Beach Boulevard. Pairing the adjusted unit sale prices thus far of the two groups of sales, the difference is approximately 20% for location. Sales 2 and 3 on West Boynton Beach Boulevard are adjusted upward 20% for inferior location to the other sites on Federal Highway and East Boynton Beach Boulevard. The adjustment amount is shown on the chart. Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes land size, shape, frontage, depth, topography, view, access, functional utility, degree of readiness for development, et cetera. There does not appear to be a direct relationship between land size and price per square foot. Each sale parcel meets the size standard in its current zoning district for independent development. Sales 1, 2 and 3, like the subject, are vacant parcels. Sales 4 and 5 have old improvements on them that will be demolished and removed to improve the sites to their highest and best uses. The stage of development for Sales 1 and 4 is superior to the subject and the other sales. Sale 1 was sold with a city approved plan for a project of a three-story office building. No. 4 was sold with a city approved plan for Villages of East Ocean Avenue with 371 apartments and 15,757 square feet of commercial space. The grantee plans to make minor changes to update it to meet current tastes. Reaching this point in the development process takes time and funds to accomplish. Sales 1 and 4 are each adjusted downward 10% for stage of development. The adjustment amounts are shown on the chart. Use For properties to be comparable, they should have similar uses. Highest and best use for the subject as a stand-alone property is for a small commercial project, as would be the cases for Sales 1, 2, 3 and 4. If these sites were assembled with adjacent properties, there is the possibility of future mixed use projects with retail and/or office on the ground floor and residential on the upper floors. Examples of assemblages for this use are Sale 4 and 5. The elements of comparison of use and location are closely aligned. An adjustment for the latter is already made, with no additional adjustment called for use. (Continued) 51 842 SALES COMPARISON APPROACH (Continued) FINAL VALUE OPINION Following is a summary of the adjusted square foot unit sale prices for the five sales. Sale No. Adjusted Sale Price/ SF 1 $59.04 2 $59.12 3 $59.74 4 $52.60 5 $57.76 The range of adjusted unit prices is from $52.60 to $59.74 per square foot of land. With quantitative adjustments having already been made for differences which affect price, equal weight is placed on each of the adjusted unit prices. Considering the foregoing discussion, the unit value for the subject is $57.65 per square foot. The quantity of the comparable data is sufficient to have an overview of the market for sites along the main roads of central city Boynton Beach. The quality of the data is good in that it provides a sound basis to develop an opinion of value for the property under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property, as of December 31, 2023 is: $57.65/sq.ft. of land x 15,459 square feet of land = $891,000 EIGHT HUNDRED NINETY-ONE THOUSAND DOLLARS 52 843 CERTIFICATION I certify that, to the best of my knowledge and belief, the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475, Part II F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the property that is the subject of this report on December 18, 2023. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions and opinions concerning real estate set forth in this report. No one else has provided significant professional service to the persons signing this certification. The Appraisal Institute and the American Society of Appraisers each conduct programs of continuing education for their designated members. As of the date of this report, Jesse B. Vance, Jr. and Claudia Vance have completed the continuing education program for Designated Members of the Appraisal Institute. Continuing education programs are also completed for the American Society of Appraisers and the State of Florida. December 31, 2023 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-Certified General Real Estate Appraiser No. RZ-85 December 31, 2023 Claudia Vance, MAI Florida State-Certified General Real Estate Appraiser No. RZ-173 53 844 CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report, subject to the limiting conditions hereafter cited, are correct to the best of the writers' knowledge. 1. The undersigned have personally inspected the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included, the subject is analyzed as though free and clear of liens and encumbrances. 3. No responsibility is assumed for legal matters, nor is an opinion of title rendered. Title is assumed to be good and held in Fee Simple, unless excepted. 4. Legal descriptions and property dimensions have been furnished by others; no responsibility for their correctness is assumed. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not carry with it the right of publication, duplication, or advertising using the writers’ names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Where divisions are made between land, improvements, etc., the values estimated for each apply only under the cited use or uses. 9. The value applies ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present, past or contemplated interest in the subject of this report - unless specifically stated. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. Soil or sub-soil contamination may exist from current or prior users, or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey, Endangered Species Survey, or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use, and possibly, value of the appraised property. The appraisers are not qualified to identify these factors. We recommend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions, and opinions of real estate set forth in this report. No one else provided significant professional assistance to the signers of this report. 16. Prospective value is based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events which might alter market conditions upon which market value opinion has been developed. 17. The appraisers certify that they have the knowledge and experience required to perform this appraisal assignment. 18. The appraisers reserve the right to amend or change this report at any time additional market information is obtained which would significantly affect the value. Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser No. RZ 85 December 31, 2023 Claudia Vance, MAI State-Certified General Real Estate Appraiser No. RZ 173 December 31, 2023 54 845 ADDENDA 55 846 56 847 57 848 APPRAISED LAND ZONING: C-3, COMMERCIAL LAND USE: LRC, LOCAL RETAIL COMMERCIAL 58 849 Subject CRA Plan Recommended Land Use Subject CRA Districts 59 850 C. C-3 Community Commercial District. 1. General. a. Purpose and Intent. The purpose of the C-3 zoning district is to implement the local retail commercial (LRC) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage the development or use of property for appropriate intensive retail commercial uses providing for a wide range of goods and services, located along major thoroughfares. The C-3 district allows a maximum density of eleven (11) dwelling units per acre; however, all residential developments must adhere to the R-3 district building and site regulation in accordance with Section 2.F. above. b. Prerequisite Location Standard. In reaching recommendations and decisions as to zoning land to C-3, the advisory board and City Commission shall apply the following location standards, in addition, to the standards applicable to the rezoning of land generally: (1) Centrally and accommodating multiple neighborhoods; and (2) Abutting to at least one (1) major thoroughfare. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-16). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS C-3 District Minimum lot area: 15,000 s.f. Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 20 feet1 Rear: 20 feet2 Abutting: Residential district(s) 30 feet Interior side: 0 feet1,3 Abutting: Residential district(s) 30 feet1 Corner side: 20 feet1 Abutting: Residential district(s) 30 feet1 Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) 0.504 60 851 Maximum structure height: 45 feet5 1 Reduced setbacks will be applied to property located within the Urban Commercial District Overlay Zone, Section 8.C. below. 2 Where rear yard access is available from a public street or alley, rear yard may be decreased by one-half (1/2) the width of such street or alley, but in no case shall a rear yard be less than ten (10) feet. 3 Where rear access is not available from a public street or alley, a side yard of not less than fifteen (15) feet shall be provided on one (1) side. 4 A floor area ratio (FAR) up to 0.50 may be considered for local retail commercial uses allowed within the C-3 district (see "Use Matrix" – Chapter 3, Article IV, Section 3.D.), pursuant to the local retail commercial future land use classification of the Comprehensive Plan. 5 Not to exceed four (4) stories. 4. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage may be subject to site plan review. c. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.F. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Exterior Storage of Merchandise and Equipment. See Chapter 3, Article V, Section 8 for the regulations pertaining to the permanent exterior storage of merchandise and equipment. 61 852 E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE, URBAN MU-L1 MU-L2 MU-L3 MU-4 MU-H Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)1 100 100 1502 200 200 Structure Ht., Minimum (ft.) 30 30 30 45 45 Maximum Height (ft.)5 45 65 75 100 150/1256 Maximum Density (DUs/Acre)14, 16 20 30 40 60 80 Maximum F.A.R.15 1.0 2.0 3.0 4.0 4.0 Build-to-line (ft.)11 All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement10 Abutting a Local street 010 010 010 010 010 Interior side 010 010 010 010 010 Building Setback, Minimum (ft.)11 Rear abutting: Residential single-family 257/07, 8 257 257 257 257 Intracoastal waterway 257 257 257 257 257 Side abutting Residential single-family 257/07, 8 257 257 257 257 Usable Open Space, Minimum (sq. ft.)13 N/A N/A N/A 1% 2% 1. May be reduced if frontage extends from right-of-way to right -of-way. 2. Minimum of fifty (50) feet, if frontage is on a collector/local collector roadway. 5. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 62 853 6. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any MU-L or resid ential zoning district not separated by a right-of-way. 7. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 8. Where there is an intervening right -of-way of at least forty (40) feet. 9. Subject to permitting agency approval. 10. Buildings and structures shall be located no farther than zero (0) feet from the property line, except in conjunction with providing required visibility at intersections, driveways; open spaces and public plazas; or when additional setback is necessary to provide for required “Pedestrian Zone (PZ). Building placement is a factor of roadway type and CRA district, which determines the min. width and design of the PZ. Except for the Downtown District, where the minimum PZ width is 18', the minimum PZ in all other districts if 16 ft. See Section 5.C.2. below for additional relief provisions from build-to line requirements. 11. Listed eligible historic structures are not required to meet these standards. 13. Usable open space shall be required for all developments two (2) acres in size or larger which shall be devoted to plazas or other public open space, excluding private recreation. See Chapter 4, Article III, Section 8 for additional regulations. 14. Projects within the transit core shall have minimum densities as follows: MU-1 - eleven (11), MU-2 - twenty (20), MU-3 - thirty (30), MU-4 - thirty-five (35) and MU-H - forty (40) dwellings per acre (except that minimum density for the MU-H district applies to projects located within the entire station area). 15. Projects within the transit core shall have a minimum FAR as follows: MU-L3 - one and three-quarters (1.75), MU-4 (2.0) and MU-H - two (2.0) (except that minimum FAR for the MU-H district applies to projects to be located within the entire station area). 16. The maximum density for projects within the Downtown Transit -Oriented Development District Overlay Zone (the Station Area) may be increased up to twenty-five percent (25%) over the maximum density allowed in the underlying zoning district. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 14-009, passed 7-1- 14; Am. Ord. 15-006, passed 3-2-15; Am. Ord. 16-023, passed 1-3-17) 63 854 SUMMARY OF 2020-2023 USPAP (Uniform Standards of Professional Appraisal Practice) Standard Rule 2: Real Property Appraisal, Reporting In reporting the results of a real property appraisal, an appraiser must communicate each analysis, opinion, and conclusion in a manner that is not misleading. STANDARD 2 addresses the content and level of information required in a report that communicates the results of the real property appraisal. STANDARD 2 does not dictate the form, format, or style of real property appraisal reports. The substantive content of a report determines its compliance. STANDARDS RULE 2-1 Each written or oral real property appraisal report m ust: (a) clearly and accurately set forth the appraisal in a manner that will not be misleading; (b) contain sufficient information to enable the intended users of the appraisal to understand the report properly; and (c) clearly and accurately disclose all assumptions, extraordinary assumptions, hypothetical conditions, and limiting conditions used in the assignment. STANDARDS RULE 2-2 Each written real property appraisal report m ust be prepared under one of the following options and prominently state which option is used: Appraisal Report or Restricted Appraisal Report. An appraiser may use any other label in addition to, but not in place of, the labels set forth in this Standards Rule for the type of report produced. The use of additional labels such as analysis, consultation, evaluation, study, or valuation does not exempt an appraiser from adherence to USPAP. The report content and level of information requirements in this Standards Rule are minimal for each type of report. An appraiser must supplement a report form, when necessary, to insure that any intended user of the appraisal is not misled and that the report complies with the applicable content requirements. (a) The content of an appraisal report must be appropriate for the intended use or the appraisal and, at a minimum: (i) state the identity of the client, or if the client requested anonymity, state that the identity is withheld at the client’s request but is retained in the appraiser’s workfile; (ii) state the identity of any other intended users by name or type; (iii) state the intended use of the appraisal; (iv) contain information, documents, and/or exhibits sufficient to identify the real estate involved in the appraisal, including the physical, legal, and economic property characteristics relevant to the assignment; (v) state the real property interest appraised; (vi) state the type and definition of value and cite the source of the definition; (vii) state the effective date of the appraisal and the date of the report; (viii) summarize the scope of work used to develop the appraisal; (ix) summarize the extent of any significant real property appraisal assistance; 64 855 SUMMARY OF 2020–2021 USPAP (Uniform Standards of Professional Appraisal Practice) Standard Rule 2: Real Property Appraisal, Reporting (x) provide sufficient information to indicate that the appraiser complied with the requirements of STANDARD 1 by: (1) summarizing the appraisal methods and techniques employed; (2) stating the reasons for excluding the sales comparison, cost, or income approach(es) if any have not been developed; (3) summarizing the results of analyzing the subject sales, options, and listings in accordance with Standards Rule 1-5; (4) stating the value opinion(s) and conclusions(s); and (5) summarizing the information analyzed and the reasoning that supports the analyses opinions, and conclusions, including reconciliation of the data and approaches; (xi) state the use of the real estate existing as of the effective date and the use of the real estate reflected in the appraisal; (xii) when an opinion of highest and best use was developed by the appraiser, state that opinion and summarize the support and rationale for that opinion; (xiii) clearly and conspicuously: • state all extraordinary assumptions and hypothetical conditions, and • state that their use might have affected the assignment results, and (xiv) include a signed certification in accordance with Standards Rule 2-1. STANDARDS RULE 1-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. 65 856 475.611 Florida Statutes: Definitions.- (1) As used in this part, the term: (a) “Appraisal” or “Appraisal Services” means the services provided by certified and licensed appraisers or registered trainee appraisers, and includes: 1. "Appraisal assi gnment" denotes an engagement for which a person is employed or retained to act, or coul d be perceived by third parties or the public as acting, as an agent or a disinterested third party in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality, val ue, or utility of specified interests in, or aspects of, identified real property. 2. "Analysis assi gnment" denotes appraisal services that relate to the employer's or client's individual needs or investment objectives and incl udes specialized marketi ng, financing, and feasibility studies as well as analyses, opinions, and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, or real estate consulting. 3. "Appraisal review assignment" denotes an engagement for which an appraiser is employed or retai ned to develop and communicate an opinion about the quality of another appraiser's appraisal, appraisal report, or work. An appraisal review may or may not contain the reviewing appraiser's opinion of value. (b) "Appraisal Foundation" or "foundation" me ans the Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois. (c) "Appraisal report" means any communicati on, written or oral, of an appraisal, appraisal review, appraisal consulting service, analysis, opini on, or conclusion relating to the nature, quality, val ue, or utility of a specified interest in, or aspect of, identified real property, and includes any report communicating an appraisal analysi s, opinion, or conclusion of value, regardless of title. However, in order to be recognized in a federally related transaction, an appraisal report must be wri tten. (d) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's appraisal, appraisal report, or work. (e) "Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financi al Institutions Exami nation Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended. (f) "Appraiser" means any person who i s a registered trainee real estate appraiser, licensed real estate appraiser, or a certified real estate appraiser. An appraiser renders a professional service and is a professional within the meaning of 95.11(4)(a). (g) "Board" means the Fl orida Real Estate Appraisal Board established under thi s section. (h) “Certified General Appraiser” means a person who is certified by the department as qualified to issue appraisal reports for any type of real property (i) "Certified Residential Appraiser" means a person who is certified by the department as qualified to issue appraisal reports for residential real property of one to four resi dential units, without regard to transaction value or complexity, or real property as may be authorized by federal regulati on. (j) "Department" means the Department of Busi ness and Professi onal Regulati on. 66 857 2020 FLORIDA STATUTES 475.628 Professional standards for appraisers registered, licensed, or certified under this part.— (1) The board shall adopt rules establishing standards of professional practice which meet or exceed nationally recognized standards of appraisal practice, including standards adopted by the Appraisal Standards Board of the Appraisal Foundation. Each appraiser registered, licensed, or certified under this part must comply with the rules. Statements on appraisal standards which may be issued for the purpose of clarification, interpretation, explanation, or elaboration through the Appraisal Foundation are binding on any appraiser registered, licensed, or certified under this part, upon adoption by rule of the board. (2) The board may adopt rules establishing standards of professional practice other than standards adopted by the Appraisal Standards Board of the Appraisal Foundation for nonfederally related transactions. The board shall require that when performing an appraisal or appraisal service for any purpose other than a federally related transaction, an appraiser must comply with the Ethics and Competency Rules of the standards adopted by the Appraisal Standards Board of the Appraisal Foundation, and other requirements as determined by rule of the board. An assignment completed using alternate standards does not satisfy the experience requirements under s. 475.617 unless the assignment complies with the standards adopted by the Appraisal Standards Board of the Appraisal Foundation. History.—ss. 9, 11, ch. 91-89; s. 4, ch. 91-429; s. 35, ch. 98-250; s. 22, ch. 2012-61; s. 9, ch. 2017-30. Title XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS Chapter 475 REAL ESTATE BROKERS, SALES ASSOCIATES, SCHOOLS, AND APPRAISERS View Entire Chapter 67 858 Page 1 of 3 Jesse B. Vance, Jr., MAI, SRA, ASA, MBA Appraiser · Real Estate Analyst · Reviewer · Expert Witness Vance Real Estate Service · 7481 NW 4 Street · Plantation · Florida · 33317 Office: 954·583·2116; Cell: 954·610·2423; Email: vanceval@comcast.net Web Page: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 45 years. Designated appraisers perform the appraisal work, no trainees. Jesse B. Vance, Jr., MAI, SRA, ASA, MBA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, bankruptcies, deficiency judgments, marriage dissolution, and estate valuations. Our firm values most types of real property interests for sale, mortgage loans, litigation and investment reasonably, timely and professionally. As licensed real estate brokers, we perform most other real property functions. We also do “Valuations for Financial Reporting.” PROFESSIONAL QUALIFICATIONS A) PROFESSIONAL DESIGNATIONS/ DEGREES/ LICENSES & CERTIFICATIONS MAI DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 SRA DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 ASA DESIGNATION - AMERICAN SOCIETY OF APPRAISERS (RE-Urban) #003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER #RZ-85 (Florida) FLORIDA STATE LICENSED REAL ESTATE BROKER NO. BK. 91050 REGISTERED VETERAN-OWNED SMALL BUSINESS (CCR/Duns 826494957) FLORIDA CERTIFIED SDVBE BUSINESS ENTERPRISE (Minority Business Enterprise - MBE) FLORIDA “D.E.P.” APPROVED APPRAISER B) QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION 1. U.S. Court of Appeals, Eleventh Circuit 2. U.S. District Court, Southern District of South Florida 3. U.S. District Court, New Jersey 4. U.S. Bankruptcy Court, Southern District of Florida 5. U.S. Bankruptcy Court, District of New Jersey 6. U.S. Bankruptcy Court, Western (Pittsburgh) Division of Pennsylvania 7. Florida Circuit Courts: Broward, Dade, Palm Beach, Lee, Collier, Martin, and Okeechobee Counties 8. Appraiser on landmark eminent domain cases: TESSLER, NESS TRAILER PARK, PATEL, SIMPSON v. FILLICHIO, RUBANO, PALM BEACH COUNTY (FL) vs. COVE CLUB INVESTORS, LTD. C) EXPERIENCE Over thirty-five (35) years appraising and analyzing real property interests in South Florida. Partial list: RESIDENCES, RESTAURANTS/BARS, APARTMENT BUILDINGS, OFFICE BUILDINGS HOTELS/MOTELS, CHURCHES, CONDOMINIUMS/COOPS, HOSPITALS & NURSING HOMES, VACANT LAND, GOLF COURSES, GOLF CLUBS, GASOLINE SERVICE STATIONS, MARINAS, TRAILER PARKS, SHOPPING CENTERS, BANKS/THRIFT INSTITUTIONS, BOWLING ALLEYS, P.U.D.'S, INDUSTRIAL BUILDINGS, TIME-SHARE DEVELOPMENTS, ROCK PITS, SCHOOLS, AGRICULTURAL PROPERTIES, WATER MANAGEMENT DISTRICT, MARKETABILITY, FEASIBILITY ANALYSES, INVESTMENT ANALYSES, AUTO SALES FACILITIES, LEASE VALUATIONS, TAX & ASSESSMENT APPEALS, CONDEMNATION, EXPERT WITNESS (Member National Forensic Center), BUSINESS ENTERPRISE VALUATIONS (BEV), (VFR) VALUATION FOR FINANCIAL REPORTING, AVIGATION & CLEARANCE EASEMENTS, ESTATES, DIVORCES, PLANNING/LAND USE STUDIES, HIGHEST & BEST USE ANALYSES, DEPRECIATION ANALYSES, COMPONENT APPRAISALS, ENVIRONMENTALLY SENSITIVE LAND, CONTAMINATED PROPERTIES, SUGARCANE & TURFGRASS LAND, DAY CARE CENTERS, SELF-STORAGE FACILITIES, FUNERAL HOMES, ANIMAL HOSPITALS, SUBMERGED LAND, CITY CENTERS, etc. 68 859 Page 2 of 3 D) PARTIAL LIST OF CLIENTS PRIVATE INDIVIDUALS AND CORPORATIONS, ATTORNEYS, ACCOUNTANTS, TRUST DEPARTMENTS, COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; American National Bank; Landmark Bank; City National Bank; BankUnited; Gateway American Bank; State Farm Bank; Englewood Bank & Trust; SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES; FLORIDA CITIES: FORT LAUDERDALE, PLANTATION, COOPER CITY, TAMARAC, LAUDERHILL, BOCA RATON, DEERFIELD BEACH, OAKLAND PARK, WILTON MANORS, HOLLYWOOD, WEST PALM BEACH, DELRAY BEACH, HALLANDALE, PEMBROKE PINES, COOPER CITY, TOWN OF DAVIE, TOWN OF SOUTHWEST RANCHES, MIRAMAR. FLORIDA COUNTIES: BROWARD, PALM BEACH, COLLIER, OKEECHOBEE; BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS; OKEECHOBEE BOARD OF COUNTY COMMISSIONERS. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY HOUSING AUTHORITY, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (DOT); STATE OF FLORIDA DIVISION OF GENERAL SERVICES(GSA); N. BROWARD GENERAL HOSPITAL DISTRICT; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Approved Vendor);U.S. TREASURY DEPARTMENT (General Counsel, I.R.S.); U.S. MARSHAL'S SERVICE – U.S. ATTORNEY’S OFFICE CENTRAL DIVISION – U.S. Dept. of Justice; VETERANS ADMINISTRATION E) EDUCATIONAL BACKGROUND - (Partial List) ACADEMIC: BACHELOR OF ARTS - Earlham College, Richmond, Indiana (1954) MBA (Nova University) - Real Estate Management & Development (National Dean's List 1991) Professional: Qualifying courses for the SRA and SREA designations from the Society of Real Estate Appraisers Qualifying courses for the MAI designation from the Appraisal Institute F) APPRAISAL TEACHING EXPERIENCE Licensed by the Florida Department of Education to Teach (Certificate No. 275236). Authored and taught Residential and Commercial Real Estate Appraisal Courses for Broward County Adult Education Program. Taught Course 101 - Society of Real Estate Appraisers. Taught Course 201 - Society of Real Estate Appraisers. Taught Appraisal Seminars - Board of Realtors, ASA, SREA, and AI (Appraisal Institute). Adjunct Professor, University of Florida Division of Continuing Education: (taught Course 2, "Real Estate Principles and Practices" to prospective Florida Real Estate Brokers). G) PROFESSIONAL OFFICES HELD/AWARDS NATIONAL B.O.D. MEMBER - BOARD OF DIRECTORS of APPRAISAL INSTITUTE (2006- 2008) AWARD - Appraisal Institute “NATIONAL PRESIDENTS AWARD” 2008 AWARD - Appraisal Institute “LIFETIME ACHIEVEMENT AWARD” 2011 For “high ethical standards, contributions to the Appraisal Institute, Community and Appraisal Profession for at least 20 years.” CHAIR - REGION X - All of Florida - Appraisal Institute (2008) VICE-CHAIR - REGION X - All of Florida - Appraisal Institute (2007) THIRD DIRECTOR - REGION X - All of Florida - Appraisal Institute (2006) FINANCE OFFICER - REGION X – All of Florida – Appraisal Institute (2006) PRESIDENT - BROWARD COUNTY, SOCIETY OF REAL ESTATE APPRAISERS PRESIDENT - BROWARD COUNTY, AMERICAN SOCIETY OF APPRAISERS CHAIR - FLA. STATE GOVERNMENT RELATIONS SUBCOMMITTEE OF AI CHAIR - FLA. STATE LEGISLATION & REGULATION SUBCOMMITTEE OF AI G) PROFESSIONAL OFFICES HELD/AWARDS CHAIR - FLORIDA REALTORS COMMITTEE ON COMMITTEE REFORMS CHAIR - EDUCATION COMMITTEE, FT. LAUDERDALE CHAPTER AI CHAIR - CANDIDATES GUIDANCE COMMITTEE, FT .LAUDERDALE CHAPTER AI CHAIR - NATIONAL Valuation for Financial Reporting PROJECT TEAM OF AI VICE CHAIR & MEMBER - NATIONAL GOVERNMENT RELATIONS COMMITTEE OF AI (15 Years) MEMBER - NATIONAL LONG RANGE PLANNING COMMITTEE OF AI MEMBER - NATIONAL PUBLIC AFFAIRS COMMITTEE OF AI DIRECTOR - REGION X (Florida ) Appraisal Institute MEMBER - REGION X (FLORIDA) ETHICS AND COUNSELING PANEL 69 860 Page 3 of 3 DIRECTOR - BROWARD COUNTY, FLORIDA SOCIETY OF REAL ESTATE APPRAISERS DIRECTOR - SOUTH FLORIDA CHAPTER AMERICAN SOCIETY OF APPRAISERS MEMBER - NATIONAL EXPERIENCE REVIEW PANEL MEMBER OF AI SPECIAL MASTER - BROWARD COUNTY BOARD OF TAX ADJUSTMENT COMMISSIONER - 17TH JUDICIAL CIRCUIT COURT, Broward County, FL MEMBER - 2013 APPRAISAL INSTITUTE NATIONAL BUSVAL PROJECT TEAM H) PROFESSIONAL PUBLICATIONS & PRESENTATIONS Wrote and taught a basic Residential Appraisal Course for the Broward County Adult Education Div. of the Dept. of Education; Wrote and taught an Income Appraisal Course for the Broward County Adult Education Division of the Department of Education; Co-authored and taught an appraisal course on Mortgage-Equity Capitalization for the American Society of Appraisers. Authored and taught a Florida State and Appraisal Institute 3-hour accredited course in "The Legislation, Regulation and Appraisal of Real Property Rights in Florida September 7, 1996. Presentation on “Gramm-Leach -Bliley” Federal Privacy Act of 1999 for South Florida Chapter of American Society of Appraisers on October 24, 2001. Presented 3-hour Florida CEU-credit seminar on “Appraisers and the Gramm-Leach-Bliley Act” before the South Florida Chapter of the Appraisal Institute on July 27, 2002. Presenter at 6.5 Hour CLE-credit Attorney Seminar on Florida Eminent Domain, “Valuation and Damage Issues” February 2, 2006, Fort Lauderdale, Florida I) CIVIC INVOLVEMENT MEMBER OF ROTARY INTERNATIONAL / PAUL HARRIS FELLOW MEMBER OF THE GREATER FORT LAUDERDALE OPERA GUILD MEMBER FLORIDA PHILHARMONIC BROWARD TRUSTEES MEMBER OF THE BROWARD COUNTY LIBRARY SUPPORT GROUP ("BYBLOS") MEMBER CIRCLE OF FRIENDS – NOVA SOUTHEASTERN LIBRARY FOUNDATION MEMBER NOVA SOUTHEASTERN UNIVERSITY ALUMNI ASSOCIATION MEMBER OF THE FORT LAUDERDALE HISTORICAL SOCIETY MEMBER OF THE BROWARD COUNTY MUSEUM OF THE ARTS MEMBER OF THE FORT LAUDERDALE / BROWARD COUNTY CHAMBER OF COMMERCE MEMBER OF THE BETTER BUSINESS BUREAU OF SOUTH FLORIDA LIFETIME HONORARY MEMBER FLORIDA SHERIFF’S ASSOCIATION MEMBER NATIONAL & FT. LAUDERDALE COUNCILS U.S. NAVY LEAGUE U.S. ARMY VETERAN WWII (RA 17212681) - HONORABLE DISCHARGE 1949 70 861 Claudia Vance, MAI Appraiser · Real Estate Analyst · Reviewer Vance Real Estate Service · 7481 NW 4 Street · Plantation · FL · 33317 Office: 954·583·2116 Cell: 954·647·7148 Email: vanceval@att.net Web Site: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 40 years. Designated appraisers perform the appraisal work, no trainees. Our appraisals are used for financial/ mortgage loan purposes from large mixed use complexes to small owner - occupied properties. We have the qualifications for appraisals submitted to SBA. Jesse B. Vance, Jr., MAI, SRA, ASA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, deficiency judgments, marriage dissolution, and estates. Our firm values most types of real property interests, timely, professionally, and at competitive costs. PROFESSIONAL QUALIFICATIONS A) PROFESSIONAL DESIGNATIONS/ LICENSES MAI Designation - APPRAISAL INSTITUTE No. 9451 State-Certified General Real Estate Appraiser No. RZ-173 Florida State Licensed Real Estate Broker No. BK 0161305 VOSB Veteran-Owned Small Business (CCR/Duns 826494957) B) WORK HISTORY 1983 - Current Vice President - Vance Real Estate Service 1981 – 1983 President - The Appraisal Company, Fort Lauderdale, Florida C) QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION U.S. Bankruptcy Court, Southern District of Florida Florida Circuit Court: Broward County D) PROFESSIONAL DEVELOPMENT PROGRAM REGISTRIES Valuation of Sustainable Buildings: Commercial Valuation of Sustainable Buildings: Residential E) EXPERIENCE: 40+years appraising and analyzing real property interests in South Florida. F) APPRAISER SPECIAL MAGISTRATE FOR THE BROWARD CO VALUE ADJUSTMENT BOARD 2002-2010 Partial list of real property types valued: High value residences, Condominiums/ Co -operatives, Office, Industrial, Multi-family, Restaurants/ bars, Auto dealerships, City Centers, Hotels/ motels, Houses of worship, Schools, Child care centers, Self-storage, Funeral home, Animal Hospital, Mixed use, Nursing homes, Gas sales stations, Marinas, Mobile home parks, Shopping centers, Country clubs/ golf courses, Financial institutions, Bowling centers, Vacant land, Agricultural properties, Environmentally sensitive land Types of Reports: Market Value, Eminent Domain, Marketability, Feasibility, Highest and Best Use, Investment Analyses, Partial Interests, Easement Valuations, Estate planning, Marriage dissolution, Land use studies, Damage/ Contamination studies 71 862 G) PARTIAL LIST OF CLIENTS – PRIVATE: Individuals, Corporations, Attorneys, Accountants, Habitat for Humanity, Seminole Tribe of Florida COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; Citigroup; Space Coast Credit Union; State Farm Bank; Florida Shores Bank; American National Bank; Landmark Bank; City National Bank; Evermore Bank National Bank SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES FLORIDA CITIES: Fort Lauderdale, Plantation, Cooper City, Deerfield Beach, Tamarac, Oakland Park, Wilton Manors, North Lauderdale, Davie, Pembroke Pines, Hallandale Beach, Lauderhill, Southwest Ranches, Miramar, Boca Raton, Boynton Beach, West Palm Beach, Delray Beach FLORIDA COUNTIES and AGENCIES: Broward, Palm Beach, Broward County Board of County Commissioners, School Board of Broward County, Broward County Housing Authority, Fort Lauderdale Community Redevelopment Agency, Boynton Beach Community Redevelopment Agency STATE OF FLORIDA Department of Transportation (FDOT), Department of Environmental Protection U.S. Department of Veterans Affairs, U.S. Department of Treasury (IRS), U.S Marshall’s Service, U.S. Attorney H) EDUCATIONAL BACKGROUND Academic: Bachelor of Arts Degree – University of New Orleans, New Orleans, LA – Major: English Professional: Qualifying courses for the MAI designation I) PROFESSIONAL INVOLVEMENT Region X Representative of the Appraisal Institute 2006 – 2009 President of the South Florida Chapter of the Appraisal Institute - 2003 First Vice-President of the South Florida Chapter of the Appraisal Institute -2002 Second Vice-President of the South Florida Chapter of the Appraisal Institute -2001 Secretary of the South Florida Chapter of the Appraisal Institute -2000 Treasurer of the South Florida Chapter of the Appraisal Institute - 1999 Chair of the Education Committee of the S. Florida Chapter of the Appraisal Institute - 1995, 1996, 1997, 1998, 2007- 2018 Director of the South Florida Chapter of the Appraisal Institute 1996 - 1998 Member of Region X (Florida) Ethics and Counseling Panel –AI Newsletter Editor of the South Florida Chapter of the Appraisal Institute – 2020-current Graduate of the Florida REALTORS Institute (GRI) J) CIVIC INVOLVEMENT Member of the Navy League of the United States – Fort Lauderdale Council Lifetime Honorary Member- Florida Sheriff’s Association Member of Zeta Tau Alpha Alumnae Fraternity 72 863 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 18, 2024 Janice Rustin, Counsel, replied that at the end of the six months, the contract will automatically be renewed for another six months. 14. New Business A. Discussion and Consideration of a Request for Proposals for Property Appraisal Services (Moved to February) B. Discussion and Consideration of Purchase of 1111 S. Federal Highway Mr. Tack gave an overview of the property located at 1111 S. Federal Highway. He said that the CRA Staff actively pursues the purchase of properties within the CRA District in order to spur redevelopment opportunities in accordance with the CRA Plan. He stated that 1111 S. Federal is a vacant lot, approximately .35 acres, which is currently zoned as C3 Community Commercial. He stated that the future development would be a potential mixed use under the Mixed Use Medium Future Land Use Classification. He commented that the development potential would allow mixed use development with a maximum density of 40 to 50 units per acre, and maximum height of 65 to 75 feet. Board Member Kelley stated that this is prime property with Federal Highway access and proximity to other properties owed by the CRA, and this an opportunity to capture property that has potential. Board Member Hay stated that it is a good deal and he is in favor of the purchase. Vice Mayor Turkin stated that he agrees with his colleagues this is a great opportunity. Vice Chair Turkin opened public comments. Blair Lee, the Broker for the property, stated that he had conferred with his client who owns the property at 1111 S. Federal Highway. He commented that they discussed a price of somewhere between the list price and $850,000. He noted that the purchase price came in at $891,000. He stated that the owner has continued to get the approvals on the square footage with a site plan, and the owner would like the Board to consider paying the appraised value. No virtual comments. Vice Chair Turkin closed public comment. Motion: Board Member Kelley moved to approve the purchase of the vacant lot located at 1111 S. Federal Highway in the amount of $850,000 and authorize the Board Chair to execute a Purchase and Sale agreement subject to final legal review. Board Member Hay seconded the motion with discussion. The motion passed unanimously. Board Member Hay inquired if there was anything currently planned for the site. 7 864 Meeting Minutes CRA Board Meeting Boynton Beach, FL Mr. Tack replied that there is nothing currently planned for that site. Vice Chair Turkin opened public comment. No one came forth. No virtual comments. Vice Chair Turkin closed public comment. Motion: January 18, 2024 Board Member Kelley amended the motion and moved to approve the purchase of the vacant lot located at 1111 S. Federal Highway and direct staff to negotiate with seller to determine appropriate sales price and bring back to the Board for further direction. Board Member Hay seconded the motion. The motion passed unanimously. C. Discussion and Consideration of Purchase of 703 S. Federal Highway (Moved to February) D. Discussion and Consideration of Purchase of Lot 348-350 NW 11th Avenue Mr. Tack gave an overview of Lot 348-350 NW 11th Avenue, the property is approximately .175 acres and zoned R-2 Duplex. He said that the future development would be mixed use under the mixed-use future land use classification. He stated that the development potential would be medium density residential with a maximum density of up to 11 units per acre and a maximum height of 45 feet. He commented that the CRA has successfully, in the past, partnered with Habitat for Humanity and the Boynton Beach Faith-Based Community Development Corporation using such infilllots to fulfill the mission of providing affordable housing. He commented that the property is currently listed at $17 4,900, and the owner would accept $165,000 which is the appraised value of the property. Board Member Hay stated that this was a good deal and to move forward with the purchase of Lot 348-350 NW 11th Avenue based on Staff recommendations. Board Member Kelley stated that she agreed that this is fair and that the CRA is getting a good deal for future partnering with either the Faith Based CBC or Habitat. Vice Chair Turkin opened public comments. Fleur Life Heaton, stated that the property is ready to build and that the seller has agreed to the purchase price from the CRA. No virtual comments. Vice Chair Turkin closed public comment. Motion: Board Member Hay moved for Staff to proceed with the purchase of Lot 348-350 NW 11th 8 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 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) 880 433 W. Boynton Beach Blvd.Vacant Lot Lots 83-86 Ridgewood Hills June-23 $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 Notes 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 listing price $895,000.$870,000.00 0.35 15246 $57.06 703 S Federal Highway Lot asking price is appraised value $1,568,000.00 0.6392 27843.552 $56.31 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 881 •Attachment I - ERM Email RE Monitoring Well Request •Attachment II - Location Map •Attachment III - Permission to Enter Property Agreement •Attachment IV - Staff Legal Email Discussion COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 NEW BUSINESS AGENDA ITEM 15.A SUBJECT: Discussion and Consideration of Approval of Well Monitoring at 401 East Boynton Beach Boulevard SUMMARY: On December 19, 2023, CRA staff received an email from the Palm Beach County Department of Environmental Resources Management (ERM) requesting approval to place a monitoring well on CRA owned property located at 401 E. Boynton Beach Boulevard (Attachments I). ERM advised that the proposed monitoring well is for contamination assessment purposes only related to the presence of petroleum contamination at the auto repair facility located to the west at 319 E. Boynton Beach Boulevard (Attachment II). The CRA would be required to provide permission for the installation of the monitoring well (Attachment III). CRA staff and legal have discussed the impact this would have on the development of the United States Postal Service Downtown Station which is currently under negotiations with developer, Maple Tree Investments, Inc. (Attachment IV). If contamination is present, ERM has advised that the Department of Environmental Protection offers a Petroleum Restoration Program for clean-up at no cost to the property owner (Attachment V). FISCAL IMPACT: N/A CRA BOARD OPTIONS: 1. Approve the installation of a monitoring well at 401 E. Boynton Beach Blvd. and allow the Acting CRA Executive Director to execute the Permission to Enter Property. 2. Do not approve the installation of a monitoring well at 401 E. Boynton Beach Blvd. 3. Provide alternative direction based on CRA Board discussion. ATTACHMENTS: Description 882 •Attachment V - ERM Email RE Petroleum Restoration Program 883 1 Utterback, Theresa From:Lindsey Brewer <LBrewer1@pbcgov.org> Sent:Tuesday, December 19, 2023 9:29 AM To:Utterback, Theresa; Shutt, Thuy Cc:Jenna Martin; Nicholas Riddell Subject:RE: R/W Permit Application for NE 3rd Street for Drilling and Monitoring Well Importance:High Follow Up Flag:Follow up Flag Status:Flagged This Message Is From an External Sender This message came from outside your organization. Good Morning Theresa and Happy Holidays! I have a Site that is implementing Remedial Action soon for petroleum cleanup and we need a monitoring well placed across NE 3rd Street to confirm the plume has not migrated across the roadway. See the email thread below and screen shot, the red dot is the location of the proposed MW at your parcel, 401 E Boynton Beach Blvd. The City has plans for a new sidewalk in 2024 and cannot approve the Right-of-Way permit for the monitoring well at this time – may Jenna (copied) send you an offsite access agreement to place a shallow monitoring well just off the ROW so that we may proceed with the work in 2024? The site is actively moving into Remedial Action so it would benefit the CRA from a property value standpoint to confirm that active Remedial Action does not impact the plume. If the plume has moved to your parcel and you do not wish to participate in the state funded cleanup, the petroleum contamination becomes your responsibility through DEP’s Office of General Council. If you are planning to develop the parcel, and need to do a Phase II Environmental Site Assessment, having this information benefits you if contamination is detected. I will say, that the levels are low across the street and likely the plume has not migrated but allowing us access at this time is really only a benefit to the CRA for multiple reasons. If you’d like to discuss further, I’ll happily schedule a phone call with you and/or Thuy. 884 2 You’re familiar with the drilling process, it would be a flush to grade shallow MW that would be installed near the corner on the property listed below. A the time of closure (or any site redevelopment on your part) the MW would be properly abandoned by a licensed FL well driller per DEP SOPs at no cost to you. We would so appreciate it! Jenna, can you please follow the email with an offsite access agreement for Theresa? Theresa, if you are not the correct recipient of this, may you forward to the appropriate parties and cc us so that we may move forward with the project? I appreciate your assistance! Lindsey D. Brewer Hydrogeologist Palm Beach County Department of Environmental Resources Management Contamination Cleanup & Monitoring Program 2300 North Jog Road, 4th Floor West Palm Beach, FL 33411-2743 561.233.2502 (Office) 561.233.2414 (Fax) lbrewer1@pbcgov.org From: Lindsey Brewer Sent: Tuesday, December 19, 2023 8:39 AM To: 'Jenna Martin' <Jenna.Martin@ghd.com> Cc: Nicholas Riddell <Nicholas.Riddell@ghd.com> Subject: RE: R/W Permit Application for NE 3rd Street for Drilling and Monitoring Well 885 3 Hi Jenna, See the property appraiser record for the empty parcel right there at 401 E Boynton Beach Blvd. Boynton Beach CRA would be our next option to get a monitoring well placed just off the ROW. I’m following this email with a contact I have at the BB CRA. Standby. Thanks! From: Jenna Martin <Jenna.Martin@ghd.com> Sent: Monday, December 18, 2023 4:34 PM To: Lindsey Brewer <LBrewer1@pbcgov.org> Cc: Nicholas Riddell <Nicholas.Riddell@ghd.com> Subject: FW: R/W Permit Application for NE 3rd Street for Drilling and Monitoring Well Hi Lindsey, Please see below correspondence from the City regarding the ROW permit. Due to planned construction of the sidewalk, they will not issue us a ROW permit at this time. Should we proceed with sampling the existing wells for now? Thank Hi Lindsey, Please see below correspondence from the City regarding the ROW permit. Due to planned construction of the sidewalk, they will not issue us a ROW permit at this time. Should we proceed with sampling the existing wells for now? Thank you, JENNA MARTIN, PE | A GHD ASSOCIATE Project Engineer GHD Proudly employee owned | ghd.com [secure-web.cisco.com] 5904 Hampton Oaks Parkway Suite F Tampa FL 33610 USA D 813 257 0691 M 813 245 7765 E jenna.martin@ghd.com The Power of Commitment Connect [secure- web.cisco.com] [secure- web.cisco.com] [secure- web.cisco.com] [secure- web.cisco.com] Please consider the environment before printing this email 886 4 From: Emile, Milot <EmileM@bbfl.us> Sent: Monday, December 18, 2023 4:22 PM To: Jenna Martin <Jenna.Martin@ghd.com> Cc: Nicholas Riddell <Nicholas.Riddell@ghd.com>; Abdurakhmanov, Moisey <AbdurakhmanovM@bbfl.us>; Toler, Shiloh <TolerS@bbfl.us>; Roschek, Christopher <roschekc@bbfl.us>; Mack, Andrew <MackA@bbfl.us> Subject: RE: R/W Permit Application for NE 3rd Street for Drilling and Monitoring Well Hi Jenna, I thought the well would be located on the West side of the NE 3rd Street instead. See the below snip regarding an FDOT roadway project on Boynton Beach Blvd. Additionally, the City is planning to construct sidewalk along NE 3 rd Street, and the monitoring well will fall within the sidewalk. Having said that, the City won’t be able to issue you a right of way permit. Thank you for your understanding Some people who received this message don't often get email from emilem@bbfl.us. Learn why this is important [aka.ms] 887 5 888 6 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.City of Boynton Beach Sailfish Logo [boynton- beach.org] Milot Emile, P.E. Interim City Engineer Boynton Beach Utilities, Engineering City of Boynton Beach 124 E. Woolbright Rd.| Boynton Beach , Florida 33435 561-742-6407 EmileM@bbfl.us | http://www.boynton-beach.org/ [boynton- beach.org] [twitter.com] [facebook.com] To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.Link to Download MyBoynton App [boynton- beach.org] 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. 889 7 From: Jenna Martin <Jenna.Martin@ghd.com> Sent: Monday, December 18, 2023 4:01 PM To: Emile, Milot <EmileM@bbfl.us> Cc: Nicholas Riddell <Nicholas.Riddell@ghd.com>; Abdurakhmanov, Moisey <AbdurakhmanovM@bbfl.us>; Toler, Shiloh <TolerS@bbfl.us> Subject: RE: R/W Permit Application for NE 3rd Street for Drilling and Monitoring Well Good afternoon, Thank you for your quick response. To clarify, the proposed monitoring well is for contamination assessment purposes only related to the presence of petroleum contamination at the auto repair facility located to the west at Good afternoon, Thank you for your quick response. To clarify, the proposed monitoring well is for contamination assessment purposes only related to the presence of petroleum contamination at the auto repair facility located to the west at 319 East Boynton Beach Blvd. The monitoring well will not be used as a potable water source. It will only be used to monitor petroleum concentration levels. The proposed well location is located in the shoulder between the travel way and grass. Our understanding was that this fell in the City’s ROW. Will you please confirm? Please let us know if you have any further questions or comments. Thank you, JENNA MARTIN, PE | A GHD ASSOCIATE Project Engineer GHD Proudly employee owned | ghd.com 5904 Hampton Oaks Parkway Suite F Tampa FL 33610 USA D 813 257 0691 M 813 245 7765 E jenna.martin@ghd.com 890 8 The Power of Commitment Connect Please consider the environment before printing this email From: Emile, Milot <EmileM@bbfl.us> Sent: Monday, December 18, 2023 3:08 PM To: Jenna Martin <Jenna.Martin@ghd.com> Cc: Nicholas Riddell <Nicholas.Riddell@ghd.com>; Abdurakhmanov, Moisey <AbdurakhmanovM@bbfl.us>; Toler, Shiloh <TolerS@bbfl.us> Subject: RE: R/W Permit Application for NE 3rd Street for Drilling and Monitoring Well Hi Jenna, How are you doing today. We would like to bring to your attention the following: 1. As indicated in your email, the shallow monitoring well will be on privately owned property rather than the City right-of-way. 2. Per the City code of ordinances Article VII Sect.26-518 (b) No person shall install a shallow well intended for use as a source of potable water for property, where reclaimed water and potable water connections are available. 3. Thee City allows the use of potable for irrigation for property located on the East side of I-95. Thank you for your understanding To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.City of Boynton Beach Sailfish Logo Milot Emile, P.E. Interim City Engineer Boynton Beach Utilities, Engineering City of Boynton Beach 124 E. Woolbright Rd.| Boynton Beach, Florida 33435 561-742-6407 EmileM@bbfl.us | http://www.boynton-beach.org/ To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.Link to Download MyBoynton App 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: Jenna Martin <Jenna.Martin@ghd.com> Sent: Friday, December 15, 2023 4:23 PM To: Abdurakhmanov, Moisey <AbdurakhmanovM@bbfl.us>; Emile, Milot <EmileM@bbfl.us>; Toler, Shiloh <TolerS@bbfl.us> Cc: Nicholas Riddell <Nicholas.Riddell@ghd.com> Subject: RE: R/W Permit Application for NE 3rd Street for Drilling and Monitoring Well Some people who received this message don't often get email from emilem@bbfl.us. Learn why this is important 891 9 Good afternoon, Attached please find the completed ROW permit application to install a monitoring well in the ROW of NE 3rd Street. Please let us know if you need hard copies of the application. Will you also please confirm the permit fee cost Good afternoon, Attached please find the completed ROW permit application to install a monitoring well in the ROW of NE 3 rd Street. Please let us know if you need hard copies of the application. Will you also please confirm the permit fee cost for this application and methods of payment? Please let us know if you need any additional information at this time. Thank you, JENNA MARTIN, PE | A GHD ASSOCIATE Project Engineer GHD Proudly employee owned | ghd.com 5904 Hampton Oaks Parkway Suite F Tampa FL 33610 USA D 813 257 0691 M 813 245 7765 E jenna.martin@ghd.com The Power of Commitment Connect Please consider the environment before printing this email From: Abdurakhmanov, Moisey <AbdurakhmanovM@bbfl.us> Sent: Wednesday, November 8, 2023 4:36 PM To: Nicholas Riddell <nicholas.riddell@ghd.com> Cc: Emile, Milot <EmileM@bbfl.us>; Toler, Shiloh <TolerS@bbfl.us> Subject: RE: R/W Permit for NE 3rd Street for Drilling and Monitoring Well Good afternoon Nicholas, Per our conversation on the phone, if you are planning to do work on NE 3rd Street within the City’s Right-of-Way, you will need to complete Right-of-Way Permit (attached). You will also need any other applicable permits from any other agency (such as FDEP/FDOT if you do work on Boynton Beach Blvd). I have cc’d the Interim City Engineer (Milot Emile, EmileM@bbfl.us ), if you have any further questions about the Right- of-Way permit. Sincerely, To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.City of Boynton Beach Sailfish Logo Moisey Abdurakhmanov Engineer II Public Works, Engineering Mailing Address: P.O. Box 310 | Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave.| Boynton Beach , Florida 33435 561-742-6266 AbdurakhmanovM@bbfl.us | boynton-beach.org/ You don't often get email from abdurakhmanovm@bbfl.us. Learn why this is important 892 10 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.Follow Us On Social Media To help protect your privacy, Microsof To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.Link to Download MyBoynton App 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. CONFIDENTIALITY NOTICE: This email, including any attachments, is confidential and may be privileged. If you are not the intended recipient please notify the sender immediately, and please delete it; you should not copy it or use it for any purpose or disclose its contents to any other person. GHD and its affiliates reserve the right to monitor and modify all email communications through their networks. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 893 894 PERMISSION TO ENTER PROPERTY-NON-SOURCE 1. The Parties. The undersigned real property owner, __________________________________________ ("Owner "), hereby give(s) permission to the State of Florida, Department of Environmental Protection ("Department") and it’s Contractor, subcontractors, and vendors (“Contractor”), to enter the Owner's property ("the Property") (see next paragraph). 2. The Property. Owner owns the certain parcel(s)________________________________________________ of real property located at ____________________________________________, _______________, Florida 3. The Source : The suspected source of the contamination is located at ______________________________, parcel number #_______________________________ and FDEP Facility/Project # is___________________. 4. Permissible Activities. This Permission to Enter Property (“Permission”) is limited to activities which may be performed by the Department or its Contractors pursuant to Chapter 62 -780 or 62-730, Florida Administrative Code, without cost to the Owner to locate contamination, determine contamination levels and, when necessary, remove and remediate contamination which may be performed by the Department and its Contractor. Specifically, to collect soil, ground water (including the installation of wells), surface water and sediment samples; removal and treatment of contamination on the Property; installation of a treatment system (as necessary); and monitoring of contamination until completion of remediation. 5. Work Performed during Business Hours. The Department and Contractor may enter the Property during normal business hours and may also make arrangements to enter the Property at other times after agreement from the Owner. 6. No Admission . The granting of this Permission by the Owner is not intended, nor should it be construed, as an admission of liability on the part of the Owner for any contamination discovered on the Property. 7. Activities Comply with Applicable Laws. The Department and Contractor agree that any and all work performed on the Property and in association with this Permission shall be done in a good, safe, workmanlike manner, and in accordance with applicable federal and state statutes, rules and regulations. 8. Well Permits. The Owner au thorizes the Department and its Contractor to act as its agent in signing all required forms and documents necessary for obtaining applicable permits related to well construction, repair, maintenance, modification, and abandonment pursuant to Chapter 373, Florida Statutes. 9. Equipment Ownership. The monitoring wells and remedial equipment installed pursuant to this agreement are the property of the Department. The Owner is responsible for replacing any Department property that may be damaged or lost due to any actions by the owner. 10. Property Restoration. The Department shall pay the reasonable costs of restoring the Property as nearly as practicable to the conditions which existed before activities associated with contamination assessment or remedial a ction were taken. Page 1 of 2 895 ___________________________________ ___________________________________ ____________________________________________ __________________________________ __________________________________ ___________________________________ ____________________________________________ ____________________________________ ___________________________________ __________________________________ ______________________________ ____________________________ ____________________________ _________________________________ _________________________________ _________________________________ _________________________________ 11. Injury to Department. The Owner shall not be liable for any injury, damage or loss on the Property suffered by the Department, Department employees or Contractors not caused by the negligence or intentional acts of the Owner's agent s or employees. 12. Sovereign Immunity . The Department acknowledges and accepts its responsibility under applicable law (Section 768.28, Florida Statutes) for damages caused by the acts of its employees while on the Property. 13. Public Records. All documents created or received associated with the Permissible activities are a public record pursuant to Chapter 119, Florida Statutes. The Owner may retrieve any documents or other information related to the Permissible Activities online using the facility or project number referenced above in paragraph 4. http://depedms.dep.state.fl.us/Oculus/servlet/login?action=login Signature of each Property Owner Print Name - Owner Date Property Owner -Mailing Address Property Owner -Phone Number Signature of Witness Print Name - Witness Date Property Owner E-mail Address Accepted by Contractor on behalf of the State of Florida Department of Environmental Protection: Signature of Contractor Print Name - Contractor Date Contractor Company Name Contractor -Mailing Address Contractor - Company City and Zip Code Signature of Witness Print Name - Witness Date Contractor Contact name Contractor Contact phone number Contractor Contact E-mail Address Page 2 of 2 896 1 Tack, Timothy From:Kathryn Rossmell <krossmell@llw-law.com> Sent:Tuesday, January 16, 2024 1:53 PM To:Utterback, Theresa Cc:Tack, Timothy; Ken Dodge Subject:RE: Well Monitoring on 401 E. Boynton Beach Blvd. This Message Is From an External Sender This message came from outside your organization. Perfect, because I was going to call you! Basically, after speaking with our other attorney about this, there’s just a couple of points I want you to be aware of, knowing that the CRA intends to move forward. First, technically speaking, there can be liability for contaminants on your site, even if they generated from another property. However, the longstanding practice is not to enforce of “passive recipients” so that is probably of minimal concern. However, this (and some of the other things below) would have to be disclosed to the developer and could impact that deal. Next, if the well leads to detection, that may result in clean‐up requirements, which I know you said would be your intent anyway. If the well detects contaminants that appear to have originated from the CRA property, it may enforce on the CRA, even if those contaminants were not what it was put in place to detect. This could lead to additional liability for the CRA, particularly if something were to be found to migrate offsite from the CRA property. Finally, I know we discussed the possibility of putting in a definite end date for the well. While it might be possible to enforce an agreement that calls for the removal of the well after a certain period of time is no contaminants are detected, if contaminants are detected, then they will likely not agree to well removal at any specific time. If you would like to speak to him directly let me know and we can set up a call. I know it is the CRA’s intention to move forward and improve the property (since that’s what we do after all!) but I did want to advise of some of the general considerations. Please let me know if you have any questions or would like for me to set up a call with the other attorney. Thanks! From: Utterback, Theresa <UtterbackT@bbfl.us> Sent: Tuesday, January 16, 2024 11:52 AM To: Kathryn Rossmell <krossmell@llw‐law.com> Cc: Tack, Timothy <TackT@bbfl.us>; Ken Dodge <kdodge@llw‐law.com> Subject: RE: Well Monitoring on 401 E. Boynton Beach Blvd. External Email 897 2 Hi Kathryn, Meant to ask about this at our legal meeting. 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 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 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: Utterback, Theresa Sent: Monday, January 8, 2024 12:51 PM To: Kathryn Rossmell <krossmell@llw‐law.com> Cc: Tack, Timothy <TackT@bbfl.us> Subject: RE: Well Monitoring on 401 E. Boynton Beach Blvd. I think by the end of the week should be fine. I will be out of the office so send to Tim and copy me. Tim has been speaking with Lindsey at the County. Thank you! T From: Kathryn Rossmell <krossmell@llw‐law.com> Sent: Monday, January 8, 2024 11:52 AM To: Utterback, Theresa <UtterbackT@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us> Subject: RE: Well Monitoring on 401 E. Boynton Beach Blvd. Hi Theresa – let me take a good look through this and run in past one of our lawyers who works with these closely – I want to make sure that in this situation we have a good understanding of the potential liabilities of this before I give you ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. ZjQcmQRYFpfptBannerEnd 898 3 Hi Theresa – let me take a good look through this and run in past one of our lawyers who works with these closely – I want to make sure that in this situation we have a good understanding of the potential liabilities of this before I give you an answer. Can I have until the end of the week, or do you need this sooner? From: Utterback, Theresa <UtterbackT@bbfl.us> Sent: Thursday, January 4, 2024 3:13 PM To: Kathryn Rossmell <krossmell@llw‐law.com> Cc: Tack, Timothy <TackT@bbfl.us> Subject: Well Monitoring on 401 E. Boynton Beach Blvd. External Email Hi Kathryn, PBC ERM wants to install a monitoring well on our property located at 401 E. Boynton Beach Blvd. (USPS new site) to monitor contamination from the property on the west side of NE 3rd Street (Meineke Muffler). Tim feels the best option for the well is in the ROW but the City will not allow it. We want to work with PBC since it is a benefit to us. Can you please review the attached email from Lindsey Brewer and the attached Off Site Short Form and let us know your thoughts. 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. 899 4 900 1 Utterback, Theresa From:Lindsey Brewer <LBrewer1@pbcgov.org> Sent:Tuesday, December 19, 2023 10:50 AM To:Utterback, Theresa; Tack, Timothy Subject:RE: R/W Permit Application for NE 3rd Street for Drilling and Monitoring Well Follow Up Flag:Follow up Flag Status:Flagged This Message Is From an External Sender This message came from outside your organization. Hey Theresa, Thanks for the quick response, I was not aware that you were already approached. Did you decline access? I really would like to schedule a call to explain the importance of this and how not giving access could negatively impact potential development opportunities down the line. The Petroleum Restoration Program is a great program and this Site is fully funded by the Department of Environmental Protection so no cost would need to be expended by the CRA. If on the off chance contamination is found, we are already in the process of moving into remedial action so the Site should be remediated within an estimated two years. As I explained in the email, due to low levels of end member petrol constituents, it’s unlikely contamination will be found on CRA parcel, but if there is, the responsibility still lies fully on the parcel across the street (unless you decline access)… I hope you take the time to schedule a call, I’d love to explain further and will be here all week and Thursday/Friday of next week. Thanks! Lindsey From: Utterback, Theresa <UtterbackT@bbfl.us> Sent: Tuesday, December 19, 2023 9:58 AM To: Lindsey Brewer <LBrewer1@pbcgov.org>; Tack, Timothy <TackT@bbfl.us> Cc: Jenna Martin <Jenna.Martin@ghd.com>; Nicholas Riddell <Nicholas.Riddell@ghd.com> Subject: RE: R/W Permit Application for NE 3rd Street for Drilling and Monitoring Well Importance: High Hello Lindsey, Thuy Shutt is no longer the CRA. I have copied our Acting Executive Director, Tim Tack. I believe he is familiar with the situation when this was originally sent to us. We will review and get back to you as soon as possible. Hello Lindsey, Thuy Shutt is no longer the CRA. I have copied our Acting Executive Director, Tim Tack. I believe he is familiar with the situation when this was originally sent to us. We will review and get back to you as soon as possible. Thank you, Theresa 901 •Attachment 1 - Appraisal Services RFP - BBCRA COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 NEW BUSINESS AGENDA ITEM 15.B SUBJECT: Discussion and Consideration of a Request for Proposals for Property Appraisal Services SUMMARY: As part of the BBCRA mission, commercial and residentially zoned properties are acquired to be used in the assemblage of larger redevelopment sites and for affordable housing initiatives. The BBCRA must obtain a property appraisal, from a state licensed appraiser, as part of its acquisition procedure. In order to make the process more efficient, BBCRA Staff would like to issue a Request for Proposals for Property Appraisal Services. BBCRA Staff and legal counsel have prepared a draft Request for Proposals (RFP) for Property Appraisal Services (Attachment I) from qualified firms to perform residential and nonresidential appraisals for the acquisition and disposal of properties within the BBCRA boundaries for the implementation of the 2016 Boynton Beach Community Redevelopment Plan. BBCRA Staff is requesting the BBCRA Board to review and make recommendations/changes to the RFP for Property Appraisal Services and approve the issuance of the RFP. FISCAL IMPACT: TBD CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the issuance of the draft Request for Proposals for Property Appraisal Services. 2. Do not approve the issuance of the draft Request for Proposals for Property Appraisal Services. 3. Provide alternative direction based on CRA Board discussion. ATTACHMENTS: Description 902 903 Page 1 of 19 4871-2926-7865, v. 1 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR PROPERTY APPRAISAL SERVICES Issue Date: March 1, 2024 Submittal Deadline: April 2, 2024, no later than 2:00 p.m. The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing this Request for Proposals (RFP) for property appraisal services from qualified firms to perform residential and nonresidential appraisals for the acquisition and disposal of properties within the BBCRA boundaries for the implementation of the 2016 Boynton Beach Community Redevelopment Plan (City of Boynton Beach Ord. 16 -018), as it may be amended from time to time. The BBCRA is authorized pursuant to Florida Statutes, Chapter 163, Article III, The Community Redevelopment Act of 1969, as amended, to request proposals for property appraisal services, and to enter into agreements with contractors for such services. 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 April 2, 2024, 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 on the 1st Floor Lobby. Responses to this RFP (“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 documents, including all related attachments, must be obtained from the BBCRA office or website at www.boyntonbeachcra.com (Select RFPs/RFQs/ITBs from the Redevelopment top dropdown menu). 1. Background 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. The BBCRA District is 1,650 acres in size and mainly lies along the US1 corridor. Information, plans, annual report, programs and a d istrict map may be found on the BBCRA webpage: https://www.boyntonbeachcra.com The BBCRA was created in order to eliminate slum and blighted conditions, promote neighborhood revitalization, encourage redevelopment and help create affordable housing opportunities within the Community Redevelopment Area of the City of Boynton Beach. The acquisition of the commercial and residentially zoned properties is primarily for assemblage for larger redevelopment sites, while the acquisition of the residentially zoned properties is primarily to initiate affordable housing initiatives. Additional information regarding The BBCRA’s objectives as it relates to the acquisition and disposal of properties within its boundaries 904 Page 2 of 19 4871-2926-7865, v. 1 can be found in the Community Redevelopment Plan at https://www.boyntonbeachcra.com/about- bbcra/plans-and-documents 2. Proposer Registration All entities interested in responding to this RFP must register with the BBCRA via email by providing their name, address, telephone number, and an email address to Theresa Utterback, BBCRA Development Services Manager, at UtterbackT@bbfl.us. Any information concerning addenda, changes, additions, clarifications, notices, and other topics related to this RFP will be sent to registered proposers using the registration information provided. 3. 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. 4. Scope of Services a. The BBCRA is soliciting Proposals from qualified firms to provide summary form residential or narrative nonresidential market value appraisal reports in PDF files via e-mail within fourteen (14) calendar days of receiving the notice to proceed from BBCRA (the “Project”). The Project work product shall be in conformity with the requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) as adopted by the Appraisal Standards Board of the Appraisal Foundation. PDF appraisal file s shall be emailed to utterbackt@bbfl.us. At least one (1) original signed copy of appraisal to be delivered to: Theresa Utterback, Dev. Services Manager, Boynton Beach CRA, 100 E. Ocean Avenue, 4th Floor, Boynton Beach, FL 33435. b. Minimum qualifications: i. Current licensure by the State of Florida as a certified residential or general appraiser for a minimum of five (5) years. Must provide proof of licensure with submission. ii. Five (5) years documented experience in the Palm Beach County real estate market within a redevelopment area verified through a resume and reference. iii. Three (3) verifiable references from work performed in the last five (5) years. 5. 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 April 2, 2024, 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 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 905 Page 3 of 19 4871-2926-7865, v. 1 submitted with a title page listing the name of the RFP 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 for Property Appraisal Services Boynton Beach Community Redevelopment Agency City of Boynton Beach, Florida Issue Date: March 1, 2024 Submittal Deadline: April 2, 2024, 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. All responses must be submitted on the provided Price Quotation Response Form, Attachment “A”. Bid responses on vendor letterhead/quotation forms shall not be accepted. Responses must be typewritten or printed in ink, and must be signed in ink by an agent of the company having authority to bind the company or firm. FAILURE TO SIGN THE BID RESPONSE FORM AT THE INDICATED PLACES SHALL BE CAUSE FOR REJECTION OF THE BID. f. All responses must indicate whether or not the Respondent is a Local Business via submittal of a Certification Statement pursuant to City of Boynton Beach Administrative Policy Man ual, Policy No.: 10.14.01(D) (Chapter: 10, Section: 14, Subject: 01; Paragraph D. https://www.boynton- beach.org/364/Local-Business-Preference g. 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. h. Proposal validity. Proposals shall remain valid and binding on proposers for ninety (90) days after the submittal date. i. Required Elements of Proposals Proposals must contain all of the following documents and information, and all requirements contained in this RFP, in order to be deemed complete. Proposals not deemed complete may be rejected. • Tab 1 - Cover Letter and Introduction • Tab 2 - Demonstrated Experience for Firm and Project Personnel by providing resumes for all potentially assigned staff documenting experience with the Palm Beach County Real Estate market within a redevelopment area for the last five (5) years. • Tab 3 - References. Provide three (3) verifiable references from the last five (5) years; and, 906 Page 4 of 19 4871-2926-7865, v. 1 • Tab 4 - Cost of Services – Describe the fee structure, including all fees and reimbursable expenses. Explain the placement guarantee the firm will provide to the BBCRA. • Tab 5 - Proof of proper licensing by the State of Florida for all potentially assigned staff. 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. • Tab 6 - Proof of General, Professional, and Commercial Liability Insurances. The BBCRA reserves the right to ensure and require that the insurance coverages provided by the successful firms are proper and that the insurers are licensed or otherwise qualified to do business in Florida. If at any time during the term of the agreement, the BBCRA should determine that it is in its best interests to insist on an alternative insurance provider, it may do so and the firms agree to comply with the BBCRA's decision. The BBCRA also reserves the right to review, modify, or amend any required coverages, limits, and endorsements during the life of a agreement and any extensions thereof. The BBCRA further reserves the right, but not the obligation, to review and reject any insurer providing coverage on the firms’ behalf because of the insurer’s poor financial condition or due to the insurer’s failure to operate legally in the State of Florida. • Tab 7 - Provide a PowerPoint presentation of the Proposal, consisting of no more than ten (10) slides • Attachment “A” – Price Quotation Response Form • Attachment “B” – Addenda Acknowledgement • Attachment “C” – Public Entity Crimes Statement • Attachment “D” – Certification of Drug Free Workplace Program • Attachment “E” – Authorization for Release of Information • Attachment “F” – Certification of Non-Scrutinized Company • Attachment “G” – Proposer(s) Information • Attachment “H” – Acknowledgement Letter 6. RFP 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 . A proposer’s failure to provide a substantially complete RFP 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, 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 907 Page 5 of 19 4871-2926-7865, v. 1 below, adequate capability to successfully undertake the proposed Project is a minimum standard which shall be met before any other criterion is considered . Criteria Provided in Information Demonstrated Experience for Firm and Project Personnel Tab 2 References Tab 3 Cost of Services Attachment “A” 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 proc ess to the BBCRA Board at a public meeting. The Proposers will present their Proposals and their PowerPoint 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(s) (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 process or continue the process to a subsequent meeting. Award Criteria: The BBCRA may take into account Local Business Preference (City of Boynton Beach Resolution No. R17-076), assuming all minimum qualification criteria are met by the Proposer and the submission includes all required attachments. The BBCRA reserves the right to make multiple awards for this RFP. The Proposer is expected to perform all work offered to them, unless they are unable to perform it for lack of resources or technical ability. The Proposer may be found in default of the Agreement if it declines more than 20% of the offered work, or if it establishes a pattern of accepting only the more desirable work and declining less desirable work as determined by the BBCRA. Up to five (5) firms can be selected through this RFP. The term of each agreement with each firm will be for three (3) years, with an option for up to one (1), one (1) year extension. Any resulting agreement shall be considered non-exclusive. 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 an Agreement that will contain terms substantially similar to those contained in the successful proposal and this RFP. Any Agreement must be in a form approved by the BBCRA Board and BBCRA legal counsel. If the BBCRA and the successful Proposer are not able to agree upon an Agreement satisfactory to both parties within sixty (60) 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. 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, electing to terminate the RFP process, or any other action it deems to be in the best interest of the BBCRA. 908 Page 6 of 19 4871-2926-7865, v. 1 7. Cancellation/Termination Any response may be withdrawn prior to the date and time the proposals are due. An e-mail or letter withdrawing a Proposal must be sent by an authorized representative of the Respondent. All submittals will become a public record of the BBCRA upon receipt and are subject to public disclosure consistent with Chapter 119 of the Florida Statutes. Any response not withdrawn shall constitute an irrevocable offer, for a period of one hundred and twenty (120) calendar days. 8. Tentative Schedule The following tentative schedule is anticipated for actions related to this RFP. 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 BBCRA Board (subject to legal review): February 13, 2024 Issue Date of RFP: March 1, 2024 Question/Request for Clarification Deadline: March 22, 2024 Submittal Deadline: April 2, 2024 Presentation to BBCRA Board and Approval: May 14, 2024 CRAAB Review TBD (Note: Dates above subject to change – registered interested parties will be notified by email of changes, if any.) 9. Contact and Questions a. Contact Information. All correspondence, questions, and requests for clarifications related to this RFP must be directed to the person designated as the procurement officer for this RFP: Theresa Utterback, Development Services Manager Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue 4th Floor Boynton Beach, Florida 33435 Phone: (561) 600-9094 Email: UtterbackT@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 March 22, 2024. All answers to questions, clarifications, and interpretations will be issued in the form of addenda, which become part of this RFP. The proposer must acknowledge receipt of each addenda by completing the Addenda Acknowledgement Form and including it with the submitted Proposal (see Attachment “B”). 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 909 Page 7 of 19 4871-2926-7865, v. 1 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 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, except in writing to the procurement officer or as provided in the 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. Communication prohibited by this RFP, 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 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. 10. 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 at any time; b. Modify the schedule associated with this RFP; c. Issue addenda to this RFP; 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; g. Verify the accuracy of any information provided; h. Accept Proposals that deviate from this RFP; i. Disqualify or reject Proposals that are incomplete, untimely, or unclear; j. Re-advertise this RFP and accept new Proposals; k. Obtain economic feasibility studies or third-party evaluations with regard to any part of any Proposal; 910 Page 8 of 19 4871-2926-7865, v. 1 l. Evaluate the Proposals through any process that complies with the BBCRA Procurement Policy, this RFP, 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 for all Proposals or for a specific Proposal; o. Waive any formalities associated with this RFP; p. Negotiate agreements, abandon or withdraw from negotiations, approve agreements, and take other similar actions as a result of this RFP. Any proposer who submits a Proposal in response to this RFP 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, the provisions of this disclosure and disclaimer shall govern. If proposer fails to fully comply with all requirements of this RFP, proposer or proposer’s Proposal may be disqualified. 11. Protests. The Bid Protest Policy is available upon request. Submittal of a Proposal in response to this RFP constitutes acceptance of this policy. 12. 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, the BBCRA, the Proposal, any agreement resulting from this RFP, 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, polit ical, 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. 13. 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 and carrying out the Project. 14. 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 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. 911 Page 9 of 19 4871-2926-7865, v. 1 15. 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, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 100 E. Ocean Avenue, Boynton Beach, Florida 33435, TackT@bbfl.us. 16. 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, proposer must complete and attach Attachment “C” Public Entity Crimes Statement. 17. 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 commodit ies 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 "D," Drug Free Workplace Certification. 912 Page 10 of 19 4871-2926-7865, v. 1 18. E-Verify. In any agreement resulting from this RFP, t he 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. 19. 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 “E” Authorization for Release of Information. 20. 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 “F,” Certification of Non-Scrutinized Entity. END OF MAIN DOCUMENT PROCEED TO ATTACHMENTS 913 Page 11 of 19 4871-2926-7865, v. 1 LIST OF ATTACHMENTS: A. PRICE QUOTATION RESPONSE FORM B. ADDENDA ACKNOWLEDGEMENT C. PUBLIC ENTITY CRIMES STATEMENT D. CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM E. AUTHORIZATION FOR RELEASE OF INFORMATION F. CERTIFICATION OF NON-SCRUTINIZED COMPANY G. PROPOSER(S) INFORMATION H. ACKNOWLEDGMENT LETTER 914 Page 12 of 19 4871-2926-7865, v. 1 ATTACHMENT “A” PRICE QUOTATION RESPONSE FORM Appraisal Fee Schedule for Each Structure/Property Type Listed: Structure/Property Type Amount ($) 1 Vacant Residential Property 2 Single-Family Detached Home 3 2-4 Unit Property 4 >5 Unit Property 5 Nonresidential Property (<10,000 square feet) 6 Nonresidential Property (>10,000 square feet) 7 Vacant Nonresidential Property By signing this response, I am certifying the above prices for services and that each are given on a per -home, unit, or property basis. Respondent Residential or General Appraiser? Authorizing Signatory Signature Address Telephone Email Address Date Local Business? If yes, include Certification Statement City of Boynton Beach Admin. Policy No.: 10.14.01(D) 915 Page 13 of 19 4871-2926-7865, v. 1 ATTACHMENT “B” ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Request for Proposals (RFP) for Property Appraisal Services 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 INFORMATION WAS OBTAINED FROM: BBCRA Website Newspaper Ad City Hall Other, please specify: ___________ _______________________________________ Authorized Signature _______________________________________ Print Name _______________________________________ Title 916 Page 14 of 19 4871-2926-7865, v. 1 ATTACHMENT “C” 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 917 Page 15 of 19 4871-2926-7865, v. 1 ATTACHMENT “D” CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify that __________________________________, the proposer responding to this RFP, 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, 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): ____________________________________________________________ 918 Page 16 of 19 4871-2926-7865, v. 1 ATTACHMENT “E” 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: 919 Page 17 of 19 4871-2926-7865, v. 1 ATTACHMENT “F” 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, the BBCRA may disqualify the Pr oposal 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: 920 Page 18 of 19 4871-2926-7865, v. 1 ATTACHMENT “G” 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 organizat ion 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: _____________________________________________ ______________________________________________________________________________ 921 Page 19 of 19 4871-2926-7865, v. 1 ATTACHMENT “H” 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) dated _______________ Request for Proposals for Property Appraisal Services To Whom It May Concern: The undersigned has read and understands all the procedures and requirements of the Boynton Beach CRA (BBCRA) Request for Proposals for Property Appraisal Services. 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 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 922 •Attachment I - Unassigned Fund Balance •Attachment II - Budget Amendment Resolution 24-01 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 NEW BUSINESS AGENDA ITEM 15.C SUBJECT: Consideration of Fiscal Year 2022-2023 Budget Amendment for Unreserved Fund Balance SUMMARY: As a result of the 2022-2023 fiscal year accounting close out and confirmation through the annual audit process, the CRA has recognized an unassigned balance of $1,678,357. These unassigned funds are an accumulation of remaining unused funds from each line item in the previous year's budget and available to the CRA Board for reallocation into the current Fiscal Year 2023-2024 Budget's Project Fund (see Attachment I). The CRA Board's reallocation of the funding from the General Fund into the Project Fund is accomplished through a Budget Amendment and is detailed in Resolution 24-01, Exhibit "A" (Attachment II). Staff is recommending the unassigned funds be allocated to Economic Development Grant Programs, Future Grocery Store in District 2, and Property Acquisitions to aid in acquiring property in the CRA district. FISCAL IMPACT: FY 2023-2024 Budget, reallocate $1,678,357 from General Fund to Project Fund as follows: Line item 02-58400-444 - Economic Development Grant Programs $250,000 Line item 02-58200-406 - Future Grocery Store in District 2 $300,000 Line item 02-58200-401 - Property Acquisition $1,128,357 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Budget Amendment Resolution No. 24-01 for the reallocation of unassigned fund balance in the amount of $1,678,357 from the General Fund to the Project Fund as follows: Line item 02-58400-444 - Economic Development Grant Programs $250,000 Line item 02-58200-406 - Future Grocery Store in District 2 $300,000 Line item 02-58200-401 - Property Acquisition $1,128,357 . ATTACHMENTS: Description 923 924 RESOLUTION NO. 24-01 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, TO AMEND THE FISCAL YEAR 2023-2024 BUDGET TO REALLOCATE GENERAL FUND UNASSIGNED FUND BALANCE FROM THE FY 2022-2023 AUDIT AND INCREASE THE TOTAL APPROPRIATIONS TO THE PROJECT FUND; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Boynton Beach Community Redevelopment Agency Board (hereafter “CRA”) has adopted the fiscal 2022-2023 budget and does allow program changes as necessary; and WHEREAS, it is the objective to maintain accuracy of the budget document to reflect policy determinations of the Board as to the proper and legally defensible appropriation of funds authorized by the Community Redevelopment Plan; and WHEREAS, the CRA Board approved Resolution No. R23-02 on September 12, 2023, approving the Fiscal Year 2023-2024 budget; and WHEREAS, the CRA Board approved Resolution No. 24-01 on February 13, 2024 amending the Fiscal Year 2023-2024 budget; and WHEREAS, the audit after the year end September 30, 2023 contained a General Fund unassigned fund balance in the amount of approximately $1,678,357; and WHEREAS, the CRA Board approved Consideration of funding for economic development - $250,000, future grocery store in District 2 - $300,000, property acquisitions - $1,128,357 approving $1,678,357 from FY 2023-2024, General Fund unassigned and reallocating to Project Fund; and WHEREAS, the Director of Finance, based on the Board’s policy determination and approval, has identified the line item appropriations that require budget adjustments hereinafter reflected. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THAT: SECTION 1. The foregoing “WHEREAS” clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein. 925 SECTION 2. A copy of the FY 2023-2024 Budget Amendment No. 1 and line item adjustments attached hereto as Exhibit “A.” SECTION 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4. If any clauses, sections, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD, THIS 13TH DAY OF FEBRUARY 2024. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: ________________________________ Ty Penserga, Chair Approved as to form: _____________________________ CRA Attorney 926 APPROVAL FUND DEPARTMENT DESCRIPTION G/L ACCT. BUDGET APPROPRIATION INCREASE / (DECREASE) AMENDED BUDGET APPROPRIATION Purpose (1) Reallocate General Fund Unassigned Balance from 9/30/23 - Increase Project Fund and Line Item in FY23-24 CRA Board 2/13/2024 1. General Fund unassigned fund balance year ending 9/30/2023 Budget Amendment #1 General Other Financing Sources - Revenues Unassigned Fund Balance from FY22-23 Audit ($1,678,357)01-49100 -$ (1,678,357)$ (1,678,357)$ Resolution No. 24-01 General Transfer to Project Fund - Expenses Transfers Out 01-59999-990 15,460,741$ 1,678,357$ 17,139,098$ 2. Transfer funds as follows: Other Financing Sources - Revenues Unassigned Fund Balance from FY 22-23 ($1,678,357)02-49900 (15,460,741)$ (1,678,357)$ (17,139,098)$ Project Economic Development Economic Development Grant Programs 02-58400-444 600,000$ 250,000$ 850,000$ Capital Outlay Future Grocery Store in District 2 02-58200-406 261,642$ 300,000$ 561,642$ Capital Outlay Property Acquisition 02-58200-401 4,000,000$ 1,128,357$ 5,128,357$ BUDGET AMENDMENTS & ADJUSTMENTS TO FY 2023-2024 GENERAL AND PROJECT FUND NOTE: Recorded on Financial Statements T:\FINANCE\BUDGET AMENDMENTS - TRACKING\FY 202-2024 - Budget Amendment #1 - 2.13.2024.xlsx 927 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 NEW BUSINESS AGENDA ITEM 15.D SUBJECT: Discussion and Consideration of an Interlocal Agreement (ILA) between the CRA and the City of Boynton Beach regarding Contract with Circuit Transit Inc. for the BBCRA Pilot Ride Share Program SUMMARY: On January 18, 2024, the CRA Board approved the contract with Circuit Inc. for the CRA pilot ride share program which will provide all-electric on-demand transportation services (see Attachments I - II). The Scope of Work of the Agreement with Circuit Inc. is summarized below (see Attachment III): on-demand ride share service with the exception of fixed routes for special events initial 6-month contract with the option to renew 6 months include the use of two GEM cars and two EV sedans provide service from 10 AM - 8 PM (Sunday-Thursday) and 10 AM - 10 PM (Friday and Saturday) report back to the Board quarterly once the contract begins CRA staff has conducted site visits with Circuit to review potential parking/charging locations. It was determined that the best location for the Circuit vehicles would be in the north parking lot at the corner of Seacrest Blvd and Boynton Beach Blvd. The CRA will coordinate with the City to provide 4 dedicated parking stalls that will include three Level 2 EV charging stations adjacent to the existing electrical service. In order to provide dedicated parking locations, electrical service for the charging, ride share service to the Ocean Front Beach Park and potential fixed route ride share service for City Events, an Interlocal Agreement with the City will be required to fund any service outside of the CRA boundaries and allow reimbursement of EV charging costs. The draft Interlocal Agreement is provided as Attachment IV. If approved, the ILA will go on the next available City Commission meeting agenda for final approval. Service will begin no later than 30 days after the Interlocal Agreement is approved. FISCAL IMPACT: FY 2023-2024 Budget, Project Fund, Line Item 02-58500-470, $400,000 for Circuit Contract CRA BOARD OPTIONS: 928 •Attachment I - January 18, 2024 CRA Board Meeting Minutes •Attachment II - CRA/Circuit Executed Contract •Attachment III - Exhibit A: Scope of Work •Attachment IV - Final Draft ILA with Exhibits Approve the Interlocal Agreement (ILA) between the CRA and the City of Boynton Beach regarding Contract with Circuit Transit Inc. for the BBCRA Pilot Ride Share Program subject to final legal review. ATTACHMENTS: Description 929 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 18, 2024 Board Member Kelley moved to table Item 13F until the next meeting. Board Member Hay seconded the motion. The motion passed unanimously. G. Discussion and Consideration of a Contract with Circuit Transit Inc. for the BBCRA Pilot Ride Share Program Mr. Tack gave an overview of the Contract with Circuit Transit Inc. for the CRA Pilot Ride Share Program. He commented that at the November Board meeting, the Board gave Staff permission to move forward with negotiations with Circuit. Board Member Hay inquired, if needed, how long would it take to get another vehicle. Mr. Bagley, Circuit Transit Inc., replied the time it would take to add an additional vehicle, depends on the type of vehicle. He commented that if it was a sedan, it would be a few weeks, if it was a Gem vehicle, it has a longer order time. He stated that the sedans are going to be the better fit and offer the most flexibility. Board Member Hay asked who is responsible for the vehicles when they are parked overnight. Mr. Tack said that the CRA will be responsible, and the CRA is working with the City to provide four parking spaces in the current City parking lot on the corner of East Boynton Beach Boulevard and Seacrest Boulevard. He stated that Circuit would be responsible for liability since the vehicles and equipment belong to them. Board Member Hay inquired about special events and who is responsible for paying the overtime. Mr. Tack stated that the way the contract is written, it would not be considered overtime, there would be additional staffing and there is a rate within the contract that would provide the hourly rate structure. Vice Chair Turkin opened public comments. No virtual comments. Vice Chair Turkin closed public comments. Motion: Board Member Hay moved to approve the agreement with Circuit Transit, Inc. for the CRA Pilot Ride Share Program as presented and authorize the Board Chair to execute, subject to final legal review. Board Member Kelley seconded the motion with discussion. Board Member Kelley inquired what happens at the end of the six-month agreement. 6 930 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 18, 2024 Janice Rustin, Counsel, replied that at the end of the six months, the contract will automatically be renewed for another six months. 14. New Business A. Discussion and Consideration of a Request for Proposals for Property Appraisal Services (Moved to February) B. Discussion and Consideration of Purchase of 1111 S. Federal Highway Mr. Tack gave an overview of the property located at 1111 S. Federal Highway. He said that the CRA Staff actively pursues the purchase of properties within the CRA District in order to spur redevelopment opportunities in accordance with the CRA Plan. He stated that 1111 S. Federal is a vacant lot, approximately .35 acres, which is currently zoned as C3 Community Commercial. He stated that the future development would be a potential mixed use under the Mixed Use Medium Future Land Use Classification. He commented that the development potential would allow mixed use development with a maximum density of 40 to 50 units per acre, and maximum height of 65 to 75 feet. Board Member Kelley stated that this is prime property with Federal Highway access and proximity to other properties owed by the CRA, and this an opportunity to capture property that has potential. Board Member Hay stated that it is a good deal and he is in favor of the purchase. Vice Mayor Turkin stated that he agrees with his colleagues this is a great opportunity. Vice Chair Turkin opened public comments. Blair Lee, the Broker for the property, stated that he had conferred with his client who owns the property at 1111 S. Federal Highway. He commented that they discussed a price of somewhere between the list price and $850,000. He noted that the purchase price came in at $891,000. He stated that the owner has continued to get the approvals on the square footage with a site plan, and the owner would like the Board to consider paying the appraised value. No virtual comments. Vice Chair Turkin closed public comment. Motion: Board Member Kelley moved to approve the purchase of the vacant lot located at 1111 S. Federal Highway in the amount of $850,000 and authorize the Board Chair to execute a Purchase and Sale agreement subject to final legal review. Board Member Hay seconded the motion with discussion. The motion passed unanimously. Board Member Hay inquired if there was anything currently planned for the site. 7 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 4853-3349-4940, v. 6 EXHIBIT A: SCOPE OF WORK Section 1: Summary of Services Circuit shall develop, implement and manage a Micro-Transit “On Demand” service (the "Service”) within a geo-fenced coverage area described in Exhibit A-1. The Service will have the ability to be on demand and may include supplementary service for special events as specified in this Scope of Work. The Service will serve visitors, residents, and workers by providing a convenient, efficient mobility option to circulate primarily throughout the Boynton Beach CRA boundaries and provide transportation to Ocean Front Beach Park. The Service to the Beach shall be subject to CRA’s execution of an interlocal agreement with the City of Boynton Beach for the provision of services to Ocean Front Beach Park. The Service shall: A. Operate a 6-month on-demand pilot test in two zones (Zone 1 and Zone 2) covering approximately 1.6 square miles of coverage area as illustrated in Exhibit C (“Service Area”). Zone 1 is located within the boundaries of the CRA. Zone 2 provides service to Ocean Front Beach Park, which is located outside the boundaries of the CRA. B. Supplement any part of the service with a fixed route for special events and if deemed necessary through data and public needs. C. Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly, weekly, daily, and hourly fluctuations in demand in order to achieve a desired level of service. D. Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. E. Provide a safe and pleasing passenger experience with capable, qualified and courteous drivers. F. Feature a mobile application downloadable from both the Apple Store and Google Play Store which will have the ability to charge a fee for service via a secured credit card payment system. G. Provide a dedicated phone line so that users can call and request assistance. H. Service will be operational within 30 days of the effective date of this Agreement or upon the CRA’s execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. The date of operation may be extended by mutual agreement of the parties if necessary to accommodate installation of infrastructure as required by Section 4 this agreement. I. Service shall be periodically adjusted based upon needs identified during the term of the Agreement and the availability of funds. Section 2: Mobile Application Circuit shall provide a mobile application which provides for the following: A. Allows riders to request pick up and drop off locations within the Service Area. B. Allows the user to connect from Zone 1 and Zone 2. C. At no cost to the CRA, Circuit shall maintain updates to the application, which shall be compatible with smart phones and other mobile devices. D. Provides for the ability to charge a fee per rider and issue discounts via promo-codes. E. Provides users with approximate time until pick up. F. Allows users to rate drivers and provide feedback. G. Features a Google Maps based map (or equivalent) that identifies the boundaries of the Service Area. H. After a ride request has been accepted by a driver, depicts the real-time location of vehicles on a map of the Service Area. I. Ability to track party and usage data. 951 4853-3349-4940, v. 6 Section 3: Marketing and Branding A. In coordination with the CRA, Circuit shall develop and implement a branding strategy, which shall incorporate the logo and name of the CRA and the City of Boynton Beach. Circuit shall not implement any branding strategy without prior written approval from the CRA. Any changes to the branding strategy must be approved in writing by the CRA prior to implementation. B. Circuit shall develop and implement a marketing program to promote awareness of the program. The CRA shall have the right to request changes to the marketing program. C. The CRA retains the right to review marketing materials prior to use and to request changes or withdrawal of any marketing materials. Section 4: Vehicles and Infrastructure Circuit shall procure, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. A. Fleet Size. Unless the parties agree otherwise, Circuit will acquire and operate at its own expense no fewer than two (2) GEM vehicles (inclusive of one (1) ADA accessible GEM vehicle) and two (2) EV Sedans as part of this Service. The parties agree that the hourly rate for the EV Sedans will be the same as the GEM vehicles for the Initial Term and Renewal Term of the Agreement. Circuit shall maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. B. Specifications. All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. C. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Agreement, Circuit may apply, but is not limited to, branding to all wheels, hoods, front panels, coping, roof and rear fenders, unless otherwise prohibited by the CRA. ii. Circuit shall develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the CRA. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Agreement, unless otherwise approved by the CRA. D. Licensing. Circuit shall obtain and maintain proper licensing and registration of all vehicles at all times. E. Parking and charging stations. The CRA shall provide four (4) parking spaces that will be reserved exclusively for Circuit’s use, which Circuit may use for charging, parking, and storing the vehicles during times of non-operation. The location of the spaces will be as stated in the Interlocal agreement between the CRA and the City. Circuit shall be permitted to install Level 2 EV charging stations and signage at the three (3) of the reserved parking spaces. Circuit shall be solely responsible for the cost of signage, charging equipment, and electrical services required for charging vehicles. The CRA shall ensure that electrical service is available at the reserved spaces. Upon termination of the Agreement, Circuit shall restore the reserved parking spaces to their original condition. F. Maintenance and replacement. 952 4853-3349-4940, v. 6 i. At Circuit’s sole cost, Circuit shall maintain the interior and exterior of all vehicles in good working order, in accordance with all applicable laws and regulations. ii. Circuit shall ensure that all vehicles will be free of graffiti, vandalism, defacement and other damage to the satisfaction of the CRA. iii. Circuit shall replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations, or it is no longer able to be maintained in accordance with the requirements of this Agreement. iv. Circuit shall use its best efforts to restore or replace non -operational vehicles to operation within three (3) calendar days from the date of any incident requiring the vehicle to be removed from operation. Circuit shall provide verbal and written notice to the CRA of any delay in restoring or replacing a non-operational vehicle that extends beyond three (3) calendar days from the date of malfunction. If the CRA determines that any such delay is due to Circuit’s lack of diligence, the CRA will have the right to pursue any remedy provided for in this Agreement, or at law or equity. Section 5: Staffing A. General. Circuit shall provide sufficient staffing to maintain levels of service required by this Agreement. All persons providing services pursuant to this Agreement will be employees, contractors or consultants hired by the Circuit. Circuit is solely responsible for all staffing decisions made pursuant to this Contract. B. Drivers. Circuit shall obtain complete background checks on all drivers, including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Circuit shall not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Circuit shall not hire a driver with more than three (3) infractions relating to driving a motorized vehicle within the previous 24 months. Circuit to review each driver’s driving and criminal records at least annually. C. Circuit shall provide its employees with a living wage and tips. Section 6: Attaining and Maintaining Levels of Service (LOS) A. General. Circuit shall provide an LOS that meets customer demands at all times of Service operations. B. Service Level review. Circuit and the CRA shall meet at least quarterly to review LOS and determine if any adjustments are necessary. Any agreed upon adjustments will be made in writing. C. The CRA designates Timothy Tack as the Project Manager and will provide written notification to Circuit of any changes to the Project Manager. The Project Manager shall be Circuit’s principal point of contact regarding any matters relating to this Agreement. The Project Manager shall provide all general direction to Circuit regarding performance and provide guidance regarding the CRA’ s goals and policies. The Project Manager is authorized to waive or modify any material changes to this Scope of Work changes so long as the changes do not increase Compensation paid to Circuit. Except as provided herein, any modifications to the Scope of Services that increase the Compensation paid to Circuit must be agreed by the parties by written amendment to the Agreement. D. Circuit designates Jason Bagley as Circuit’s Representative for this Agreement. Circuit will provide written notice to the CRA should there be a subsequent Representative change. Circuit’s Representative has full right, power and authority to act for Circuit on all matters arising under or relating to this Agreement. E. Special events. CRA may request additional vehicles for special events. Such request shall be made at least thirty (30) days prior to the special event and may include a request the establishment 953 4853-3349-4940, v. 6 of a fixed route for existing vehicles and/or a request additional vehicles, subject to availability. For additional vehicles provided for special events, CRA agrees to pay the regular service hourly rate per vehicle of $34.97 plus the actual cost to transport the vehicle(s) to the requested location , which will be agreed to by the parties in writing, prior to transportation. Section 7. Trip Sharing A. Drivers shall be permitted to transport more than one (1) party but no more than five (5) parties in GEM vehicles and four (4) parties in the E-Sedan under the following conditions: i. The vehicle must be equipped with individual seatbelts for the driver and each rider. ii. All passengers must use seatbelts at all times. iii. The total number of passengers, including the driver does not exceed the vehicle’s legal capacity. Section 8: Operational Requirements A. Circuit and all its employees, officers, managers, staff, subcontractors and subconsultants shall comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Agreement including but not limited to all laws and regulations regarding the safe operation of vehicles. B. Circuit shall prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. C. Circuit must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation, permits or approvals from the Florida Department of Highway Safety and Motor Vehicles, . Circuit is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. D. Circuit to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. E. Circuit and its drivers are permitted to refuse service when, in the driver’s opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. F. Circuit is permitted to establish reasonable restrictions on the provision of services to non-service animals. G. All Circuit drivers shall wear proper identification and a uniform. H. The CRA reserves the right to request immediate dismissal of any Circuit employees who fail to comply with the requirements of this Agreement. Relief personnel should be readily available during the term of this Agreement. Section 9: Operating Hours Each vehicle shall be available for an anticipated sixty (60) hours each week (“Vehicle Hours”) . The cost per vehicle shall be based on the rates described in the Pricing Schedule attached as Exhibit B. The Vehicle Hours shall occur within the following schedule: 954 4853-3349-4940, v. 6 Day Start time End time Mon 10:00 am 8:00 pm Tues 10:00 am 8:00 pm Weds 10:00 am 8:00 pm Thurs 10:00 am 8:00 pm Fri 10:00 am 10:00 pm Sat 10:00 am 10:00 pm Sun 10:00 am 8:00 pm CRA Project Manager shall have the discretion to reduce or increase the number of Vehicle Hours and/or determine the hours of operation based on level of demand as determined by monthly data collection and consideration of holidays or other special events so long as the total Vehicle Hours for each month does not exceed the CRA’s annual budget for the Service. Section 10: Levels of Service Reporting A. Circuit shall provide the CRA with monthly reports describing the level of service for each zone. Upon request, Circuit will provide the CRA with weekly level of service reports for each zone. B. Monthly data reports shall include: i. Number of parties on a daily, weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits which distinguishes between fare revenue collected for Zone 1 trips and fare revenue collected for Zone 2 trips. iv. Number of vehicles not in operation on a daily, weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily, weekly and monthly basis. vi. Average trip duration on a daily, weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received and resolution of the complaints on a daily, weekly and monthly basis. C. Circuit shall present a report to the CRA Board on a quarterly basis summarizing the data provided in the monthly reports, the collected fare revenue, and the advertising revenue generated. D. In the event Circuit does not provide a required report(s), the CRA reserves the right to withhold payment until the required report is received. To the extent that the CRA requires additional information related to the above reporting requirement, Circuit shall provide the information to the CRA. Section 11: Advertisement Sales Circuit shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Net Advertising Revenue, defined below, that is generated by Circuit in connection with the sales of commercial advertising shall be divided equally between Circuit and the CRA. Net Advertising Revenue means the gross advertising revenue received less all costs and expenses, including, but not limited to 955 4853-3349-4940, v. 6 advertisement design, production costs, installation and removal costs and customary commissions paid to media sales representatives, incurred by Circuit in connection with providing the advertisement sales. Circuit shall provide an accounting of all advertising revenue with its Level of Service monthly report as required in Section 9, which shall include the gross revenue, costs and expenses Circuit shall provide to CRA a breakdown of the Net Advertising Revenue each month, which shall include the gross revenue plus costs and expenses incurred in connection with providing advertising sales Section 12. Advertising Guidelines A. In its agreements with its advertising contractors, Circuit shall reserve the right to reject any advertisement, commercial or noncommercial. B. Circuit shall determine the methods, details, and means for performing the Advertising Sales Services, subject to the CRA's consent which shall not be unreasonably withheld. C. All advertising and promotional materials, including, without limitation, any vehicle “wraps” (collectively “Advertising”) must conform to the following criteria: i. Defamatory Advertising. No Advertising will be permitted that falsely disparages any person, product, or company, or that is likely to damage the reputation of any person, product, or company. ii. Advertising Condoning Criminal Conduct. No Advertising will be permitted that is likely to incite or produce imminent unlawful activity. iii. Obscene Advertising. No Advertising shall display any statement, word, character, or illustration of an indecent or obscene nature, as defined by F.S. Chapter 847, as may be amended from time to time. iv. False Advertising. No Advertising shall displace false or misleading information, intended to mislead the public as to anything sold, any services to be performed or information disseminated. v. Tobacco, Firearms, and Cannabis. No Advertising shall display any statement that promotes the sale of tobacco or tobacco products, electronic cigarettes, firearms, or medical marijuana treatment centers or delivery devices in accordance with Florida law. vi. Existing Laws. All Advertising must conform to all applicable federal, state, and local statutes, laws, ordinances, rules and regulations. D. The CRA shall request removal of any advertising, commercial or noncommercial, that does not conform to this policy. Such demand will be in writing and will state reasonable grounds for the request. Circuit will consider and act promptly upon the request in accordance with this policy. Section 13: Ridership Fares A. Circuit shall collect ridership fares for the services, as follows: 956 4853-3349-4940, v. 6 i. For rides that begin and terminate within Zone 1: $1.00 for each rider. ii. For rides that begin or terminate in Zone 2: $2:00 for each rider. If the rider is part of a group, $2.00 for the initial rider and $1.00 for each additional rider within the group. B. Circuit shall credit the CRA’s monthly invoice for each Zone with 100% of the Net Fare Revenue, defined below, that is generated and collected from ridership fares. C. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less revenue collection costs and expenses, including but not limited to sales taxes or other taxes imposed by law, credit card processing fees and other billing related charging by third parties imposing similar processing charges. Circuit will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations. 957 4859-3315-2162, v. 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING AN ON DEMAND TRANSPORTATION SERVICES PILOT PROGRAM THIS AGREEMENT (“Agreement”) is made this day of 2024, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, (hereinafter referred to as "City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "BBCRA"). The City and BBCRA may be referred to herein individually as a “party” and collectively as the “parties.” WITNESSETH: WHEREAS, the BBCRA has elected to enter into an agreement with Circuit Transit, Inc. (“Circuit”), a copy of which is attached hereto as Exhibit A (“Circuit Agreement”); and WHEREAS, the Circuit Agreement provides that Circuit shall provide on demand transportation services (the “Services”) as part of a pilot program for the BBCRA; and WHEREAS, the BBCRA shall only provide funding for the Services within the BBCRA’s boundaries; and WHEREAS, the City desires to participate in the pilot program, fund Services outside of the BBCRA’s boundaries, and otherwise contribute to the pilot program as described in this Agreement; and WHEREAS, to that end, the area in which Services will be provided has been divided into Zone 1 and Zone 2, which are depicted on Exhibit B attached hereto, which is hereby incorporated herein; and WHEREAS, Zone 1 is within the BBCRA’s boundaries; and WHEREAS, Zone 2 is outside the BBCRA’s boundaries; and WHEREAS, the BBCRA desires to enable the City to participate in the pilot program, fund Services outside of the BBCRA’s boundaries, and otherwise contribute to the pilot program as 958 4859-3315-2162, v. 1 described in this Agreement; and WHEREAS, the BBCRA has required that Circuit include the City as an additional insured pursuant to the Circuit Agreement; and WHEREAS, the 2016 Community Redevelopment Plan (“CRA Plan”) calls for the BBCRA to provide for connectivity between the districts, address public parking shortfalls, and provide for additional public waterfront access; and WHEREAS, the Services shall be in furtherance of these goals and principles of the CRA plan; and WHEREAS, the City and the BBCRA find that this Agreement serves a municipal and public purpose, and is consistent with and in furtherance of the Community Redevelopment Plan and the requirements of Chapter 163, Florida Statutes; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated herein. 2. Definitions. Terms not otherwise defined herein shall have the meaning set forth in the Circuit Agreement (including the Exhibits to the Circuit Agreement). In the event of a conflict between a definition in this Agreement and a definition in the Circuit Agreement, the terms in this Agreement shall control. All other terms shall have their ordinary dictionary definitions. 3. Payment. The parties agree: a. Contribution. The City shall be responsible for providing payment to the BBCRA for the costs of the Services in Zone 2 and other costs as described below. Such payment shall be made within 15 days of the City receiving a complete written request for payment from the BBCRA. b. Invoicing. The BBCRA will submit the complete written request for payment to the City within 15 days of the receiving an invoice from Circuit. i. For purposes of this Agreement, a complete written request shall include: 959 4859-3315-2162, v. 1 1. The amount of payment requested. 2. The monthly report from Circuit, if provided by Circuit, describing the level of service for Zone 2, or equivalent documentation indicating the fare revenue collected from Zone 2 trips and the number of Zone 2 trips. 3. A copy of Circuit invoice to the BBCRA. 4. Tabulation by the BBCRA for the amount owed to the BBCRA by the City, which shall include each of the following, as applicable. A. For ordinary services, the costs of the Services in Zone 2 shall be calculated by multiplying the total invoice amount by the percentage of rides starting or ending within Zone 2, then subtracting from that resulting number fifty percent of the Net Fare Revenue generated from rides starting or ending within Zone 2. For clarity, the calculation above may also be represented as follows: [(total invoice amount) x (percentage of rides starting or ending within Zone 2)] – [.5 x Net Fare Revenue generated from rides starting or ending within Zone 2] = Amount of City Payment Due. It is the intent of the parties that the Net Fare Revenue generated from rides starting or ending within Zone 2 be evenly divided between the parties. B. For Services requested by the City for special events (“Special Event Services”), the City shall reimburse the CRA for all costs associated with Special Event Services, regardless of the location of the special event. ii. In the event the written request is incomplete, the City shall notify the BBCRA within five days of receiving the incomplete request; otherwise such request shall be deemed complete. Upon receiving written notice of an incomplete request, and the BBCRA 960 4859-3315-2162, v. 1 shall have 10 days to submit the complete written request; otherwise such written request shall be ineligible for payment. c. Promotions. In the event the City requests a pricing discount (“Sales Promotion”) on certain Services, the City shall make payment to the BBCRA for difference in revenue to the BBCRA as a result of the Sales Promotion. 4. Coordination. The parties agree to the following concerning coordination related to this Agreement. a. Between the City and BBCRA. Coordination between the City and BBCRA shall occur as follows: i. The City shall designate a single point of contact (“City Project Manager”) for coordination with the BBCRA concerning this Agreement. The City may modify the person acting as the City Project Manager upon written notice to the BBCRA. At present, the City designates Gail Mootz who can be reached at mootzg@bbfl.us and 561-742-6223. The BBCRA shall copy Jonele Luma at LumaJ@bbfl.us on all correspondence concerning invoices and Payments due. ii. The BBCRA shall designate a single point of contact (“BBCRA Project Manager”) for coordination with the City concerning this Agreement. The BBCRA may modify the person acting as the BBCRA Project Manager upon written notice to the City. At present, the BBCRA designates Timothy Tack, who can be reached at tackt@bbfl.us and (561)600-9091, with a copy of all emails to be directed to Bonnie Nicklien at nicklienb@bbfl.us. b. With Circuit. The parties agree the BBCRA shall be the sole point of contact with Circuit. In the event the City desires to request Special Event Services, the City Project Manager shall submit to the BBCRA Project Manager a written request with sufficient detail to notify the BBCRA and Circuit of the time, date, total vehicle hours, vehicle types, and any other information necessary to analyze such request. Any request is for Special Event Services 961 4859-3315-2162, v. 1 must be made at least 30 days prior to the date of the applicable special event. If the City desires to coordinate with Circuit on any other matter, the City shall submit a written request to the BBCRA Project Manager containing sufficient information to analyze such request for consistency with the Circuit Agreement. So long as a written request from the City is consistent with the terms of the Circuit Agreement, the BBCRA shall coordinate with Circuit concerning the request within 5 business days of receiving such request and shall endeavor to arrange a meeting between the City, BBCRA, and Circuit. The City shall supply additional information as requested by the BBCRA as may be necessary, in the opinion of the BBCRA, to analyze the City’s request and coordinate with Circuit concerning the same. 5. Parking Spaces. The parties agree that Circuit may use the Parking Spaces (defined below) for storing and charging the vehicles that provide the Services. a. Location. The City agrees to designate the parking spaces identified in Exhibit C (the “Parking Spaces”) for the sole use of Circuit. The location of the Parking Spaces may be moved from time to time upon the written consent of the BBCRA Project Manager and the City Project Manager. However, in the event the City requests the Parking Spaces be moved, the City and BBCRA share evenly share the costs of moving any charging infrastructure and signage. The parties agree to make best efforts to avoid relocating the Parking Spaces during the term of the Agreement. b. Signage, Charging Infrastructure, Electricity. The City consents to the placement of signage and electric charging infrastructure at the Parking Spaces, which shall be installed at no cost to the City. The City confirms that sufficient power can be supplied to the Parking Spaces to charge four Circuit vehicles simultaneously. The City shall invoice the CRA for the electricity used by the Parking Spaces. The BBCRA Project Manager and City Project Manager may agree to incorporate the electricity invoice into the payment described in Paragraph 3 of this Agreement. 962 4859-3315-2162, v. 1 c. Enforcement. The City agrees to assist in enforcement of parking restrictions to ensure the Parking Spaces are used exclusively by Circuit vehicles, as may be required from time to time. 6. Relationship to the Circuit Agreement. The parties agree that the City shall only be responsible for providing payment to the BBCRA and that BBCRA shall be responsible for administering the Circuit Agreement. The parties agree that the BBCRA has sole and absolute discretion concerning the Circuit Agreement, and nothing in this Agreement confers the rights or obligations of the BBCRA within the Circuit Agreement to the City. Nonetheless, the CRA will endeavor to coordinate with the City concerning the termination of the Circuit Agreement and the amount and timing of Services prior to terminating the Service Agreement or implementing Service changes. The BBCRA will not terminate services to Zone 2 without the prior written consent of the City. 7. Marketing and Promotion. Marketing and promotional efforts concerning the Services shall occur as follows: a. Inclusion of City Logo. The BBCRA shall include the City’s logo on marketing and advertising pursuant to the Circuit Agreement (“Promotional Materials”) at no cost to the City. The City shall provide its preferred logo to the BBCRA for use in Promotional Materials. The BBCRA Project Manager shall provide any draft Promotional Materials with the City logo to the City Project Manager no less than five business days prior to the use of such Promotional Materials for approval; provided however that if the BBCRA Project Manager does not receive a response within five business days such Promotional Materials shall be deemed approved by the City. b. Promotional Efforts by the City. The City shall promote the Services using Promotional Materials provided by the BBCRA in the manner described in Exhibit D. 8. Notice and Contact. All notices and requests concerning this Agreement shall be delivered via email to the City Project Manager or the BBCRA Project Manager, as applicable, which 963 4859-3315-2162, v. 1 email delivery shall be deemed “written” or “in writing” for purposes of this Agreement. Notices concerning default or termination, or requests for modifications to this Agreement shall also be delivered by email and by writing sent by one of (1) United States mail, return receipt requested, (2) courier, evidenced by a delivery receipt, or (3) by overnight express delivery service, evidenced by a delivery receipt, which notice or request shall be addressed to the person designated by each party for receipt of legal notice. At present, the parties designate the following for receipt of legal notice: If to the BBCRA: Kathryn Rossmell Lewis, Longman & Walker, PA 360 S. Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 krossmell@llw-law.com If to the City: Shawna Lamb City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 lambs@bbfl.us 9. Term. This Agreement shall become valid and commence upon execution by the last party to this Agreement (“Effective Date”). This Agreement shall be in effect from the Effective Date and unless earlier terminated pursuant to the terms of this Agreement, shall automatically terminate upon the termination of the Circuit Agreement, or 1 year from the Effective Date of this Agreement, whichever is earlier. 10. Public 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 one year after the termination of the Agreement. 964 4859-3315-2162, v. 1 11. Filing. The City shall file this Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 12. Sovereign Immunity. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the BBCRA or the City as set forth in Section 768.28, Florida Statutes. 13. Default. If either party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of 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 executed 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. Notwithstanding the foregoing, in the event of a default by the either party, the exclusive remedy for such default shall be monetary, limited to actual damages incurred, and shall not exceed the amount actually paid to Circuit pursuant to the Circuit Agreement. 14. 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. 15. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion 965 4859-3315-2162, v. 1 thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. To that end, this Agreement is declared severable. 16. No Third Party Beneficiaries. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the City or the BBCRA. 17. No Assignment. The Parties may not transfer or assign this Agreement in whole or in part, without prior written consent of the other, which may be granted or withheld at the other party’s absolute discretion. 18. Governing Law; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 19. Survival. The provisions of this Agreement regarding termination and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 20. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 21. 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. 22. 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 966 4859-3315-2162, v. 1 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. IN WITNESS WHEREOF, the parties hereto have caused this Termination Agreement to be executed on the day and year written below. Boynton Beach Community Redevelopment Agency ATTEST:_________________________ By: _________________________________ Print Name:__________________________ Title:_______________________________ Date: ______________________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By:________________________ CRA Attorney City of Boynton Beach, Florida ATTEST:_________________________ By: _________________________________ Print Name: __________________________ Title: ________________________________ Date:_________________________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By:________________________ City Attorney 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 4 Circuit Designated EV Parking Spaces E Boynton Beach Blvd NE 1st Ave NE 1st St 988 4859-3315-2162, v. 1 EXHIBIT D The City shall promote the Services using Promotional Materials provided by the BBCRA, at no cost to the BBCRA, as follows: 1. Within one month of the Effective Date, the City shall: a. Send an email to every member of City staff concerning the availability of the Services; b. Make an announcement concerning the availability of the Services at a City Commission meeting; c. Share Promotional Materials on the City website, which shall remain on the City website for the term of the Agreement; d. Display Promotional Materials on the televisions at City Hall, which shall be displayed at least daily for the term of the Agreement as part of the City’s regular rotation of content on such televisions; e. Display Promotional Materials displayed on digital marquees controlled by the City at least once daily for the term of the Agreement; and f. Display Promotional Materials on the digital kiosk(s) at City Hall, which shall be displayed at least daily for the term of the Agreement as part of the City’s regular rotation of content on such kiosks. 2. Within three months Effective Date, the City shall: a. Share Promotional Materials at least once in all City newsletters (Sailfish Speaks, Economic Development, Recreation, and Library) and once in Funfare Magazine. In the event the City is not able to waive fees for including these Promotional Materials, the City may seek and is entitled to reimbursement from the BBCRA for the actual costs of including such Promotional Materials so long as the City receives the prior, written permission of the BBCRA to incur such costs; and b. Work with the BBCRA to create and include an insert in the City’s utility invoices concerning the availability of the Services. 3. The City shall allow the BBCRA to: a. Install one 4x8 sign at City Hall and Oceanfront Park to market the Services; and b. Provide and display posters or postcards marketing the Services within City facilities, including City Hall, Cultural Center, Senior Center, Hester Center, and the Carolyn Sims Center concerning the Services. 989 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 CRA PROJECTS IN PROGRESS AGENDA ITEM 16.A SUBJECT: Social Media & Print Marketing Update SUMMARY: Throughout the month of January, a variety of social media posts were made to promote various BBCRA initiatives and projects, as well as, a variety of local businesses that operate within the BBCRA area. Social Media BBCRA Project Posts : Promoted the business development resources, economic development grants, and the Ruth Jones Cottage Project. BBCRA Event Posts: Promoted the Boynton Beach Spring Market. Business Promotional Posts : Utilized Facebook and Instagram feed and stories to promote a variety of businesses, such as: The Boynton Harbor Marina, Café Frankie's, and The Seed. Print Marketing Visit Florida: A 1/6 page ad was published in the 2024 Visit Florida Vacation Guide to promote the Boynton Harbor Marina. The ad is featured on page 33, within the Fun Things to Do section. The feature includes a short write-up about the Marina and has a corresponding number on the map to show the general location of Boynton Beach within the southeast region of Florida. Coastal Angler : A 1/4 page ad was published in the Coastal Angler magazine to promote the transient dockage availability at the Marina. Florida Sport Fishing : A 1/4 page ad was published in the January/February issue of Florida Sport Fishing magazine to promote the transient dockage availability at the Marina. Marinalife: A 1/2 page ad was published in the winter issue of Marinalife magazine to promote the transient dockage availability at the Marina. 990 •Attachment I - January Marketing & Social Media Overview •Attachment II - Facebook & Instagram Posts See Attachment I for an overview of the social media and print marketing that were published in January and Attachment II for a full listing of the Facebook and Instagram posts that were shared. FISCAL IMPACT: FY 2023-2024 Budget, Project Fund Line Item 01-57400-216 - $3,756.25 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 991 SOCIAL MEDIA & PRINT MARKETING OVERVIEW 992 SOCIAL MEDIA –PROJECT POSTS 993 SOCIAL MEDIA –EVENT POSTS 994 SOCIAL MEDIA -BUSINESS POSTS 995 VISIT FLORIDA VACATION GUIDE 996 COASTAL ANGLER/FLORIDA SPORTS FISHING 997 MARINALIFE 998 Facebook & Instagram Posts 999 Facebook & Instagram Posts 1000 Facebook & Instagram Posts 1001 Facebook & Instagram Posts 1002 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 CRA PROJECTS IN PROGRESS AGENDA ITEM 16.B SUBJECT: Social Media Outreach Program 1st Quarterly Report for FY 2023-2024 (October 2023 - December 2023) SUMMARY: The following is a list of the Social Media Outreach Program (SMOP) business development activities from October 1, 2023 to December 31, 2023 (see Attachment I): 84 Businesses are currently registered in the Social Media Outreach Program (118 have registered since program inception) 4 New businesses added during the 1st quarter 12 Businesses were contacted this quarter (contacts are done in-person, email, via phone, and via virtual platforms) Social Media Outreach Program Elements One-on-one social media assistance with businesses has helped businesses to promote themselves and grow their following or connect employers with local talents (see Attachment II for examples of assistance for Hurricane Alley, Sweetwater, Scheurer's Chocolate, ArtSea Living Studio, Hip Hip Furray, Alchemy Salon, Tropical Smoothie, Beauty Within, Fly & Flow Fitness, and the Boynton Harbor Marina ) with various social media platforms such as Google, Facebook, and Instagram. The Boynton Beach Insider Blog is ongoing to aid local businesses and the BBCRA with web search engine optimization (SEO) and to build awareness to the Boynton Beach community about local businesses and CRA projects and programs. From November to January, the BBCRA has published the following (see Attachment III): October 10, 2023 - VISIT THE ENCHANTED MARKET AT THE BOYNTON BEACH PIRATE FEST - https://boyntonbeachinsider.wordpress.com/2023/10/10/visit-the-enchanted- market-at-the-boynton-beach-pirate-fest/ October 20, 2023 - EXPERIENCE AN UNFORGETTABLE JOURNEY AT THE BOYNTON BEACH PIRATE FEST’S ENCHANTED MARKET - 1003 •Attachment I - SMOP Contact Log •Attachment II - SMOP Assistance •Attachment III Blog •Attachment IV - SM Posts •Attachment V - Comparison https://boyntonbeachinsider.wordpress.com/2023/10/20/experience-an- unforgettable-journey-at-the-boynton-beach-pirate-fests-enchanted-market/ November 30. 2023 - THE FESTIVE FLOTILLA RETURNS WITH THE BOYNTON BEACH BOAT PARADE - https://boyntonbeachinsider.wordpress.com/2023/11/30/the-festive- flotilla-returns-with-the-boynton-beach-boat-parade/ This quarter, the Boynton Beach CRA’s Social Media has consistently reached Boynton Beach community members, enabling businesses to reach potential clients if a connection is made with the CRA's platforms. Attachment IV contains examples of the top performing posts and all posting activities during this quarter. The results from this quarter indicate the BBCRA's social media platforms are still a useful marketing and promotional tool (see Attachment V). Facebook has reached 226,480 users this quarter Instagram reached 6,268 users this quarter Upcoming Activities Include: Develop new social media strategies to assist local businesses via the BBCRA social media channels Launch the 2024 Business Development Video Campaign and develop new strategies to reach a larger audience Continue the Boynton Beach Bucks campaign in conjunction with the BBCRA Special Events Continue with one-on-one business assistance Continue updates of the CRA's business listing Coordinate with BBCRA Grants and Project Manager to promote the SMOP Program to prospective grant recipients Continue in-person business visits to spread awareness to businesses on BBCRA Resources, including upcoming construction activities associated with CRA projects such as Heart of Boynton Village Apartments, Cottage District Infill Housing, and 115 N. Federal Highway Infill Mixed Use Redevelopment Projects. FISCAL IMPACT: FY 2022-2023 Budget, General Fund, Line Item 01-57400-100, $146,167 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 1004 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP 1 Hip Hip Furray 1403 S Federal Hwy, Boynton Beach, FL 33435 12/26/2023 x 2 Scheurer's Chocolate 640 E Ocean Ave Unit 10, Boynton Beach, FL 33435 12/25/2023 x 3 Front Door Detailing 422 W Industrial Ave, Boynton Beach, FL 33435 12/15/2023 x 4 Sweetwater 1507 S Federal Hwy Boynton Beach FL 33435 12/15/2023 x 5 ManCave 1503 S Federal Hwy, Boynton Beach, FL 33435 12/14/2023 x 6 Art Sea Living 112, #7, S Federal Hwy, Boynton Beach, FL 33435 12/13/2023 x 7 ROK Prime Korean BBQ 1727 S Federal Hwy, Boynton Beach, FL 33435 12/10/2023 x 8 By Cycle 640 E Ocean Ave #21, Boynton Beach, FL 33435 12/9/2023 x 9 Fly, Flow Fitness 640 E Ocean Ave Boynton Beach FL 33435 12/8/2023 x 10 Tiki Taxi 735 Casa Loma Blvd, Boynton Beach FL 33435 12/8/2023 x 11 Hurricane Alley 529 E Ocean Ave, Boynton Beach, FL 33435 12/7/2023 x 12 Salon South Flow 1815 Federal Hwy. Boynton Beach, FL 33435 12/5/2023 x 13 Clear Copy 1304 N Federal Hwy, Boynton Beach FL, 33435 12/5/2023 x 14 Florida Tackle Company 1550 N Federal Hwy, Boynton Beach, FL 33435 12/3/2023 x 15 Sol Search Charters 735 Casa Loma Blvd, Boynton Beach FL 33435 11/12/2023 x 16 Boynton Beach Boat Rental Marina,Boynton Beach FL 33435 11/12/2023 17 Miller Time Charter Marina, Boynton Beach, FL 33435 11/12/2023 18 Boynton Harbor Marina 735 Casa Loma Blvd, Boynton Beach FL 33435 11/10/2023 x 19 Marina Café 100 NE 6th St #108, Boynton Beach, FL 33435 11/10/2023 x 20 The Seed 1600 N Federal Hwy, Boynton Beach FL 33435 9/10/2023 x 21 Simple Whoa Nutrition 1550 N. Federal Hwy, Boynton Beach, FL 33435 9/7/2023 x 22 Bailey's Blendz 640 E Ocean Ave Suite 16, Boynton Beach, FL 33435 9/7/2023 x 23 The Butcher & The Bar 510 E Ocean Ave, Unit 101, Boynton Beach FL 33435 9/7/2023 24 Sir Cutz Barbershop 558 E Woolbright Rd, Boynton Beach, FL 33435 9/7/2023 x 25 Café Frankies 640 E Ocean Ave, Boynton Beach, FL 33435 9/7/2023 x 26 Jackie's Grooming 640 E Ocean Ave Unit 18, Boynton Beach, FL 33435 9/7/2023 x 27 Lighthouse Vapes 640 E Ocean Ave Unit 8, Boynton Beach, FL 33435 9/7/2023 28 Link Jewelry Inc. 640 E Ocean Ave, Boynton Beach, FL 33435 9/7/2023 29 Organic Kitchen & Mercantile 640 E Ocean Ave Suite 6, Boynton Beach, FL, 33435 9/7/2023 x 30 Penn Nails and Spa 640 E Ocean Ave Suite 17, Boynton Beach FL 33435 9/7/2023 x 31 NYPD Pizza 308 N. Federal Hwy, Boynton Beach, FL 33435 9/2/2023 x 32 Café Prelude 312 N. Federal Hwy, Boynton Beach, FL 33435 9/2/2023 x 33 Tropical Island Restaurant 400 E Boynton Beach Blvd, Boynton Beach, FL 33435 7/24/2023 x 1005 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP 34 Endless Ups 639 E. Ocean Avenue 7/13/2023 35 Genesis Community Health 639 E. Ocean Ave Suite 409 7/13/2023 36 Steven E. Myott 639 E. Ocean Ave suite 403 7/13/2023 37 Strategic Legal Web 639 E. Ocean Ave. Suite 201 7/13/2023 38 Veritas Legal Plan 639 E Ocean Ave #205 7/13/2023 39 Saturn Street Music 639 e ocean ave #109 7/13/2023 40 Mark Januschewski 639 e ocean ave #402 7/13/2023 41 Moloney Securities Co.639 e ocean ave 7/13/2023 x 42 USA Collision Center of Boynton Beach 905 N. Railroad Avenue 5/18/2023 43 Pioneer Auto Care 401 N. Railroad Avenue 5/18/2023 44 Pugh Pools, LLC 313 N. Railroad Avenue 5/18/2023 45 Mario Ferazzoli & Son 419 NE 4th Ave 5/18/2023 46 Taylor pneumatic Tool Company 505 n railroad ave 5/18/2023 47 Boynton Auto Repair & Transmission 409 n railroad ave 5/18/2023 48 Hercules Roofing 421 NE 7th Ave 5/18/2023 49 Leroy Affordable Paint and Body 817 b north railroad ave 5/18/2023 50 Zuccala's Wrecker Service 905 n railroad ave 5/18/2023 51 Lutheran Services Florida Head Start 909 NE 3rd St 5/18/2023 52 Meineke 319 E. Boynton Beach Blvd 5/18/2023 x 53 Seal Tile Plumbing 406 ne 3rd ave 5/18/2023 54 One Stop Auto 502 NE 3rd Street 5/18/2023 55 Ocean Architectural 800 NE 3rd street 5/18/2023 56 Jireh Motorsport 403 NE 6TH AVE 5/18/2023 57 AIRCOMO 800 NE 3rd street 5/18/2023 58 Welch Plastering 716 NE 3rd street 5/18/2023 59 Angel's Secret Inc.640 E Ocean Ave #9, Boynton Beach, FL 33425 3/10/2023 x 60 Shiny Touch 1550 N Federal Hwy # 15, Boynton Beach, FL 33435 2/7/2023 x 61 Amar Bakery & Market 1600 N Federal Hwy #15, Boynton Beach, FL 33435 2/5/2023 x 62 Detail's Design 640 E Ocean Ave Unit 1, Boynton Beach, FL 33435 1/28/2023 63 The Beauty Within 100 NE 6th Street #104, Boynton Beach, FL 33435 1/24/2023 x 64 Great Day Charter Marina, Boynton Beach, FL 33435 12/20/2022 65 Gulfstream Boat Rental Marina, Boynton Beach, FL 33435 12/20/2022 66 Hamr Time Marina, Boynton Beach, FL 33435 12/20/2022 1006 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP 67 Boynton Beach Parasailing Marina, Boynton Beach FL 33435 12/10/2022 x 68 Fish Envy Marina, Boynton Beach FL 33435 12/10/2022 69 Intracoastal Jet Ski Rental 106 NE 6th St, Boynton Beach, FL 33435 12/10/2022 x 70 Truist 1725 S Federal Hwy, Boynton Beach, FL 33435 12/1/2022 x 71 500 Ocean Café 510 E Ocean Ave #107, Boynton Beach, FL 33435 9/7/2022 x 72 E&C's Beauty Salon 500 Suite 102 E Ocean Ave, Boynton Beach FL 33435 9/7/2022 x 73 The Beauty and the Brow 501 SE 18th Ave, Boynton Beach, FL 33435 9/7/2022 x 74 Nicholson Muir Meats 480 E Ocean Ave, Boynton Beach, FL 33435 7/27/2022 x 75 The Blossom Shoppe 402 E Ocean Ave Boynton Beach FL 33435 7/27/2022 x 76 Bond Street Market 308 N. Federal Hwy, Boynton Beach, FL 33435 7/20/2022 77 Alchemy Salon 640 E Ocean Ave #5, Boynton Beach, FL 33435 6/23/2022 x 78 Benchmark Painting 432 W Boynton Beach Blvd, Boynton Beach, FL 33435 6/17/2022 x 79 AT&T 538 E Woolbright Rd #205, Boynton Beach, FL 33435 6/14/2022 80 Eye & Ear 514 E Woolbright Rd, Boynton Beach, FL 33435 6/14/2022 81 The Zoo Fitness 538 E Woolbright Rd #200, Boynton Beach, FL 33435 6/14/2022 x 82 South Florida Diving Headquarters 735 Casa Loma Blvd, Boynton Beach FL 33435 6/11/2022 x 83 Billable Hours Charter Marina, Boynton Beach FL 33435 6/6/2022 84 Baciami 1415 S Federal Hwy Boynton Beach FL 33435 4/22/2022 x 85 Common Grounds Brew & Roastery 101 S Federal Hwy, Boynton Beach, FL 33435 4/22/2022 x 86 Slouvaki Fast 305 E Woolbright Rd, Boynton Beach, FL 33435 4/22/2022 87 Tipsy Nail Salon 1515 S Federal Hwy, Boynton Beach Fl 33435 4/22/2022 88 Tokio Ramen 1351 S Federal Hwy, Boynton Beach, FL 33435 4/22/2022 x 89 Tsunami Subs 309 E Woolbright Rd, Boynton Beach, FL 33435 4/22/2022 90 Driftwood 2005 S Federal Hwy, Boynton Beach, FL 33435 4/7/2022 x 91 JMM Services 640 E Ocean Ave #15, Boynton Beach FL, 33435 3/25/2022 x 92 Property Damage Consultants 125 E Boynton Beach Blvd. Boynton Beach FL, 33435 3/15/2022 93 Shearology 100 NE 6th St #103, Boynton Beach, FL 33435 3/15/2022 94 Pro Day Fitness 1550 N Federal Hwy, Boynton Beach, FL 33435 2/21/2022 95 Your CBD Store 1600 N Federal Hwy #9, Boynton Beach, FL 33435 2/21/2022 x 96 Allstate Insurance Company 1260 S. Federal Highway, #102 1/20/2022 97 Aubrey K. Ewing, PH.D. & Associates, P.A.1230 S. Federal Highway 1/20/2022 98 Bravo Security School, LLC 400 S. Federal Highway, Ste. 412 1/20/2022 99 Complete Home Care Registry, Inc. 1210 S. Federal Highway, Ste. 202 1/20/2022 1007 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP 100 Crystal Grams 400 S. Federal Highway, Ste. 389 1/20/2022 101 Exit Realty Partners 639 E. Ocean Avenue, Ste 109 1/20/2022 102 Funding Unlimited Group, LLC.1260 S. Federal Highway, #202 1/20/2022 103 Hospital Without Walls 1200 S. Federal Highway, Unit 301 1/20/2022 104 Joseph C. Gretzula D.O., F.A.A.D.100 N.E. 6th Street, Ste. 104 1/20/2022 105 Mark Januschewski P.A. 639 E. Ocean Avenue, Unit 402 1/20/2022 106 Morris Wealth Advisory Group 1260 S. Federal Highway, Unit. 201 1/20/2022 107 Pathways To Prosperity 639 E. Ocean Avenue, Unit 101 1/20/2022 108 Taylor, Gratton & Beaumont, LLC 1260 S. Federal Highway, #101 1/20/2022 109 The Hair Garden, Inc. 1100 S. Federal Highway, Ste. 8 1/20/2022 110 Thomas Corwell, LMHC, LMFT, Cht 1200 S. Federal Highway, Unit 301 1/20/2022 111 Town Square Dentistry 1250 S. Federal Highway, Ste. 101 1/20/2022 112 Tuttle Isdith Architecture 1100 S. Federal Highway, Ste. 2 1/20/2022 113 Veraco 639 E. Ocean Avenue, Ste 305 1/20/2022 114 Wiiliam Manikas 639 E. Ocean Avenue, Ste 307 1/20/2022 115 Banana Boat 739 E Ocean Ave, Boynton Beach, FL 33435 12/10/2021 116 Studio Glo Salon & Spa 413 S Federal Hwy, Boynton Beach, FL 33435 11/30/2021 x 117 Crown Wine & Spirits 532 E Woolbright Rd, Boynton Beach FL 33435 10/22/2021 118 Sol Oasis 408 East Ocean Ave Unit 2, Boynton Beach, FL 33435 10/22/2021 119 Boardwalk Italian Ice & Creamery 209 N Federal Hwy, Boynton Beach, FL 33435 10/16/2021 x 120 South Florida Marine 725 N Federal Hwy, Boynton Beach, FL 33435 9/30/2021 x 121 The Joint 520 E Woolbright Rd, Boynton Beach FL 33435 9/30/2021 122 The Mortgage Firm 319 E Woolbright Rd, Boynton Beach FL 33435 9/30/2021 x 123 Deck & Drive 605 NE 3rd St, Boynton Beach, FL 33435 6/30/2021 x 124 Le Petit Pain 410 E Boynton Beach Blvd, Boynton Beach, FL 33435 6/30/2021 x 125 Boca Babes 100 NE 6th St, Boynton Beach, FL 33435 6/17/2021 x 126 Boynton Diner 500 E Woolbright Rd, Boynton Beach, FL 33435 6/17/2021 127 One Boynton 1351 S Federal Hwy, Boynton Beach, FL 33435 6/17/2021 x 128 Splashdown Divers 640 E Ocean Ave #2, Boynton Beach FL 33435 6/17/2021 x 129 Starfish Scuba 640 E Ocean Ave #2, Boynton Beach, FL 33435 6/17/2021 x 130 The Qure Barber 454 N Federal Hwy, Boynton Beach, FL 33435 6/17/2021 x 131 Two Georges 728 Casa Loma Blvd, Boynton Beach, FL 33435 6/17/2021 132 Boulevard Paints 618 E Ocean Ave, Boynton Beach, FL 33435 6/14/2021 1008 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP 133 East Ocean Café 412 E Ocean Ave, Boynton Beach, FL 33435 6/14/2021 134 Original Barber 404 E Ocean Ave, Boynton Beach, FL 33435 6/14/2021 135 Posh Properties 100 S Federal Hwy, Boynton Beach, FL 33435 6/14/2021 x 136 DIY 524 E Woolbright Rd, Boynton Beach, FL 33435 6/2/2021 137 Fancy Nails 564 E Woolbright Rd, Boynton Beach, FL 33435 6/2/2021 138 Pet Supermarket 570 E Woolbright Rd, Boynton Beach FL 33435 6/2/2021 139 Pure Barre 522 E Woolbright Rd, Boynton Beach, FL 33435 6/2/2021 140 Sage Dental 556 E Woolbright Rd, Boynton Beach, FL 33435 6/2/2021 141 Benvenuto Restaurant & Banquet Facility 1730 N Federal Hwy Boynton Beach FL, 33435 3/18/2021 142 Colonial Vet 2235 N Federal Hwy, Boynton Beach, FL 33435 3/18/2021 x 143 Inlet Inn Motel 1900 N Federal Hwy. Boynton Beach FL, 33435 3/18/2021 144 New Inspiration Beauty Salon Inc.1896 N Federal Hwy. Boynton Beach FL, 33435 3/18/2021 145 Powerhouse Financial, LLC 200 Knuth Rd., Ste 236, Boynton Beach FL, 33435 3/18/2021 146 Shell Gateway 2360 N Federal Hwy. Boynton Beach FL, 33435 3/18/2021 147 The Source 561 Multimedia 1848 N Federal Hwy. Boynton Beach FL, 33435 3/18/2021 148 Caribbean Meat Market 530 Gateway Blvd. Boynton Beach FL, 33435 3/11/2021 149 Chez Elda 544-4 E Gateway Blvd. Boynton Beach FL, 33435 3/11/2021 150 E&M Fashion Sultry, Inc.2420 NE 2nd Ct Boynton Beach FL, 33435 3/11/2021 151 Fortune Hair & Accessories E Gateway Blvd. Boynton Beach FL, 33435 3/11/2021 152 KWIK Stop 524 E Gateway Blvd. Boynton Beach FL, 33435 3/11/2021 153 Planet the Barber 544-6 East Gateway Blvd. Boynton Beach FL, 33435 3/11/2021 154 S&S Stop & Shop 566 E Gateway Blvd. Boynton Beach FL, 33435 3/11/2021 155 Guaca Go 500 Unit 106 E Ocean Avenue Boynton Beach FL 33435 3/9/2021 x 156 Pio Pio 510 E Ocean Ave, Unit 106 Boynton Beach FL 33435 2/26/2021 x 157 Mak Lash & Beauty 618 E Ocean Ave, Boynton Beach, FL 33435 2/9/2021 158 4 Reel Services 332 W Boynton Beach Blvd Suite 1, Boynton Beach, FL 33435 2/5/2021 x 159 A1A Discount Beverage 109 E Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 160 Ace Hardware 510 E Boynton Beach Blvd, Boynton Beach FL, 33435 2/5/2021 161 Capt. Frank's Seafood 435 W Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 162 Catholic Charities/State of Florida Department of Health212 E Boynton Beach Blvd Boynton Beach FL, 33435 2/5/2021 163 Chevron 217 N Federal Hwy, Boynton Beach, Fl 33435 2/5/2021 164 CVS 301 N Federal Hwy, Boynton Beach, Fl 33435 2/5/2021 1009 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP 165 DJ's Grill 301 E Boynton Beach Blvd, Boynton Beach, FL 33435 2/5/2021 166 DM Traffic School 409 E Boynton Beach Blvd, Boynton Beach, FL 33435 2/5/2021 167 Express Food Beverage 103 Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 168 First Baptist Boynton 301 N Seacrest Blvd. Boynton Beach FL, 33435 2/5/2021 169 Insurance World 407 W Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 170 Main Street Car Wash 201 E Boynton Beach Blvd, Boynton Beach, FL 33435 2/5/2021 171 Manbo Vivi/St. Jacques Botanica 109 E Boynton Beach Blvd. Ste. K Boynton Beach FL, 33435 2/5/2021 172 Meineke 319 E Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 173 My Future, Inc.213 W Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 174 One Plant 202 E Boynton Beach Blvd, Boynton Beavh, FL 33435 2/5/2021 175 Oriental Asclepius, Inc. 209 W Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 176 Randall L. Ebling, D.C, P.A.209 W Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 177 Superb Signs & Stamps 301 NW 1st Street Boynton Beach FL, 33435 2/5/2021 178 Ti Manmi's Kitchen 306 E Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 179 Vapor Rocket 416 E Boynton Beavh Blvd, Boynton Beach, FL 33435 2/5/2021 180 Sea Mist 700 Casa Loma Blvd, Boynton Beach, FL 33435 2/1/2021 x 181 AAA Mobile Auto Repair 302 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 182 Canna Wellness Center 432 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 183 Gator Agent 444 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 184 Imperial Insurance 322 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 185 LCS Master Construction 322 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 186 Lighthouse Academy & Child Center 202 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 187 Local Services 140 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 188 Premier Medical Center 326 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 189 The Inn 480 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 190 The Club at Boynton Beach 623 S Federal Hwy, Boynton Beach FL, 33435 12/8/2020 191 Air-tight LLC 1300 W Industial Ave #103, Boynton Beach, FL, 33435 11/6/2020 192 Alenac Aluminum & Glass 1300 W Industrial Ave #104, Boynton Beach FL, 33435 11/6/2020 193 All Makes Motorcycle Shop 1370 W Industrial Ave #119, Boynton Beach FL, 33435 11/6/2020 194 Aluminum Glass & Door Inc 1300 W Industrial Ave #102, Boynton Beach FL, 33435 11/6/2020 195 Anzo Headquarters 1300 W Industrial Ave #105, Boynton Beach FL, 33435 11/6/2020 196 Blue Stone Marble & Granite 1370 W Industrial Ave #114, Boynton Beach FL, 33435 11/6/2020 197 Bob Irsay Irrigation Design 1370 W Industial Ave #106, Boynton Beach FL, 33435 11/6/2020 1010 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP 198 Home Racer 1300 W Industrial Ave #108, Boynton Beach FL, 33435 11/6/2020 199 HW Studio 1370 W Industrial Ave #108, Boynton Beach FL, 33435 11/6/2020 200 MOVE Fitness 1330 W Industrial Ave #102, Boynton Beach FL, 33435 11/6/2020 201 Palm Beach Dyno 1330 W Industrial Ave #101, Boynton Beach FL, 33435 11/6/2020 202 RareFab 1330 W Industrial Ave #105, Boynton Beach FL, 33435 11/6/2020 203 The Furniture Farm 1370 W Industrial Ave #114, Boynton Beach FL, 33435 11/6/2020 204 The Owen Group 1300 W Industrial Ave #101, Boynton Beach FL, 33435 11/6/2020 205 Total Power Electric 1330 W Industrial Ave #107, Boynotn Beach FL, 33435 11/6/2020 206 Watson Upholstery 1370 W Industial Ave #104, Boynton Beach, FL 33435 11/6/2020 207 Starbucks Coffee 1620 S Federal Hwy Suite A, Boynton Beach FL, 33435 11/5/2020 208 Orci Counseling Center 1080 S Federal Hwy, Boynton Beach FL, 33435 11/4/2020 x 209 Tropical Smoothie 1025 Gateway Blvd, Boynton Beach FL, 33435 11/4/2020 210 AA Alpine Storage 860 W Industrial Ave, Boynton Beach, FL 33435 11/2/2020 211 Clean Air Experts 1040 W Industrial Ave #1, Boynton Beach, FL 33435 11/2/2020 212 Cosmos Muffler House 1240 W Industrial Ave #1, Boynton Beach, FL 33435 11/2/2020 213 Euro Auto Service 1220 W Industrial Ave, Boynton Beach, FL 33435 11/2/2020 214 Ocean Architechtural Sheet Metal 870 W Industrial Ave, Boynton Beach, FL 33435 11/2/2020 215 Ocean Outboards Inc. 1240 W Industrial Ave #7, Boynton Beach, FL 33435 11/2/2020 216 Southern Pine Lumber 1100 W Industrial Ave, Boynton Beach, FL 33435 11/2/2020 217 The Paving Lady 1000 W Industrial Ave, Boynton Beach, FL 33435 11/2/2020 218 Vermeer Southeast 1060 W Industrial Ave, Boynton Beach, FL 33435 11/2/2020 219 Vincent & Sons Landscaping 1040 W Industrial Ave #3, Boynton Beach, FL 33435 11/2/2020 220 Xtreme Performance Marine 1040 W Industrial Ave #8, Boynton Beach, FL 33435 11/2/2020 221 Apex Network Therapy 906 S Federal Hwy Suite B, Boynton Beach FL, 33435 10/19/2020 x 222 CK Locksmith 301 SE 4th St, Boynton Beach, FL 33435 10/5/2020 x 223 Expert Closet & Door 632 E Ocean Ave, Boynton Beach FL 33435 9/20/2020 224 Chinatown Chinese 534 E Woolbright Rd, Boynton Beach, FL 33435 9/16/2020 225 Oyer, Macovik, and Associates 511 E Ocean Ave, Boynton Beach, FL 33435 9/10/2020 226 Reed, Griffith & Moran 630 E Ocean Ave, Boynton Beach, FL 33435 9/10/2020 227 Shack by the Tracks 1017 N Federal Hwy, Boynton Beach, FL 33435 8/28/2020 228 Chiropractor 112 S Federal Hwy, Boynton Beach, FL 33435 8/16/2020 229 Tropical Troy's 640 E Ocean Ave Unit 6, Boynton Beach, FL 33435 8/15/2020 230 Underwater Explorers 728 Casa Loma Blvd, Boynton Beach, FL 33435 8/7/2020 x 1011 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP 231 Bond & Smolder Bakery 1622 S Federal Hwy, Boynton Beach, FL 33435 7/24/2020 232 Flora Beauty Supply 1600 N Federal Hwy, Boynton Beach FL 33435 7/2/2020 x 233 Prime Catch 700 E Woolbright Rd, Boynton Beach, FL 33435 7/2/2020 234 Stretch Zone 311 E Woolbright Rd, Boynton Beach, FL 33435 7/2/2020 235 Inlet Inn Motel 1900 N Federal Hwy, Boynton Beach, FL 33435 6/1/2020 x 236 Bon Zouti 1550 N Federal Hwy, Boynton Beach, FL 33435 1/15/2020 237 Ridgeway Plumbing 640 Industrial Ave. Boynton Beach FL 33435 10/19/2019 x 238 Terre Noire Properties 100 NE 6th St, Boynton Beach, FL 33435 9/5/2019 x 239 Sushi Simon 1614 S Federal Hwy, Boynton Beach, FL 33435 6/2/2019 240 Florida Native Bait & Tackle 1824 Federal Hwy, Boynton Beach FL 33435 5/28/2019 241 JCS Realty Corperation 802 N Federal Hwy Boynton Beach FL 33435 5/28/2019 x 242 The Kings Learning Center 101 NE 5th Ave, Boynton Beach, FL 33435 4/28/2019 x 243 Boynton Beach Stretch 311 E Woolbright Rd, Boynton Beach, FL 33435 1/10/2019 244 Boynton Beach Art District W Industrial Ave, Boynton Beach FL 33435 12/10/2018 245 Bank of America 574 E Woolbright Rd, Boynton Beach FL 33435 11/27/2018 246 Easy Pedestal 817 N Railroad Ave Boynton Beach FL 33435 10/1/2018 247 Tropical Island Restaurant 400 E Boynton Beach Blvd, Boynton Beach, FL 33435 8/23/2018 248 Crystal Garden 2610 N Federal Hwy, Boynton Beach, FL 33435 8/13/2018 249 Podiatry 112 S Federal Hwy, Boynton Beach, FL 33435 8/6/2018 250 Travel Agent 112 S Federal Hwy, Boynton Beach, FL 33435 8/6/2018 251 Cooperative Real Estate 420 W Boynton Beach Blvd, Suite 15 Boynton Beach FL 33435 7/24/2018 x 252 Healing Hearts 222 W Boynton Beach Blvd, Boynton Beach, FL 33435 7/23/2018 x 253 Miller Land Planning 508 E Boynton Beach Blvd, Boynton Beach FL 33435 7/20/2018 x 254 Allstate 622 N Federal Hwy, Boynton Beach, FL 33435 5/4/2018 255 Hour Cucina 411 S Federal Hwy, Boynton Beach Fl 33435 2/2/2018 x 256 Woolbright Petroleum LLC Liberty 1601 S Federal Hwy, Boynton Beach, FL 33435 1/15/2018 x 1012 Attachment II One-on-one Social Media Assistance The BBCRA business promotions team created a new initiative to encourage local spending during the Holidays called “Snapshots with Santa.” This campaign proved to be high-performing with reach and engagement. This shows our audience desires to know local shopping and dining opportunities surrounding holidays. The BBCRA plans to complete similar campaigns surrounding upcoming holidays this year. 1013 In alignment with the Boynton Beach Community Redevelopment Agency's (BBCRA) mission to support local businesses and promote economic growth, “Snapshots with Santa” offered a complimentary Santa character and photo set-up to participating local businesses. This encouraged new and existing customers to visit the storefront to receive a free photo with Santa Claus. In conjunction with the photo opportunity, Boynton Beach Bucks were offered towards purchases at existing locations. Overall 83 Boynton Bucks Vouchers were redeemed in correlation with this campaign. 1014 The Boynton Beach Community Redevelopment Agency's (BBCRA) Social Media Optimization Program (SMOP) assisted Fly & Flow Fitness in brainstorming a digital marketing plan regarding their new children’s classes launched in January 2024. 1015 With the free digital marketing tools they were able to successfully register enough participants to launch 2 new classes per week at their studio in Downtown Boynton Beach. 1016 SMOP also assisted the Boynton Harbor Marina in updating their online platforms to reflect the new hours that were put in place on 1/15/2024. This included updating Google, Facebook, Instagram, Yelp, and TripAdvisor listings. 1017 Marina Staff was also instructed on Facebook and Instagram scheduling tools to increase their page activity and inform their audience about the change of hours, as well as other marina offerings. 1018 Attachment III Boynton Beach Insider Blog Posts October 2023 through January 2024 July 22, 2022 October 10, 2023 VISIT THE ENCHANTED MARKET AT THE BOYNTON BEACH PIRATE FEST What: Boynton Beach Pirate Fest When: October 28th and 29th from 10 AM to 5 PM Where: 120 East Ocean Avenue in Downtown Boynton Beach Cost: FREE! For the latest updates, click here to view the Facebook Event Page or visit BBPirateFest.com 1019 Prepare to embark on a thrilling adventure as we count down the days to the Boynton Beach Pirate Fest, a remarkable event that will once again grace the streets of Downtown Boynton Beach. Scheduled for October 28th and October 29th, this annual spectacle promises to transport you to a world of swashbuckling pirates and enchanting mermaids. Produced by the City of Boynton Beach, in conjunction with the Boynton Beach Community Redevelopment Agency (BBCRA), this two-day extravaganza is designed to awaken your senses and ignite your inner adventurer, leaving you with an insatiable appetite for more. So, dear readers, grab your calendars and mark these dates with fervor, for missing out on this spectacle would be a grave mistake. But what, you may wonder, is the Boynton Beach Pirate Fest? At its core, it serves as a captivating community festival, adored by both locals and tourists alike. It’s also a brilliant platform for local businesses within Boynton Beach to showcase their offerings and activate the city’s downtown area. What is the Enchanted Market? The Enchanted Market is an absolute must-visit for anyone seeking a truly magical local experience! Imagine a vibrant, bustling marketplace nestled within the bustling pirate’s village of Hobb’s Cove, and you’ve got the Enchanted Market in a nutshell. As you wander through this whimsical wonderland, you’ll find yourself surrounded by a diverse array of local businesses, each promoting their unique goods and services. You will surely stumble upon hidden treasures and so much more at this extraordinary event. But what makes the Enchanted Market even more exceptional is its commitment to supporting local businesses from the Boynton Beach CRA area. It’s a place where you can indulge your love for all things pirate while also giving back to the community you cherish. So, put on your best pirate gear and prepare to embark on a journey like no other as you explore the Enchanted Market, a place where fantasy meets reality and where you can #SupportLocal while living out your pirate adventure! 1020 What’s a market without delectable food and refreshing beverages, you ask? Fear not, for you’ll have your pick of culinary delights. Whether you crave a hearty meal, a sweet and savory treat, or a snack to nibble on as you explore the festival, you’ll find a plethora of options within the Enchanted Market. Just like the rest of the Enchanted Market vendors, you can take pride in your purchase knowing you are supporting a local BBCRA business. Now, what’s a pirate-themed event without a treasure hunt? You’re in luck, for the legend speaks of pirates who have hidden their treasures throughout the Enchanted Market. Are you up for the challenge? If so, head to the information booth to claim your treasure map, leading you on an exhilarating adventure through the festival. Participants will even be entered into a drawing for a chance to win a treasure trove of loot, including an authentic Pirate Fest banner bag and merchandise, as well as gift certificates to local businesses in the BBCRA area. 1021 So, when can you join in on the maritime merriment? The festival will unfold on Saturday, October 28, 2023, and Sunday, October 29, 2023, from 10 a.m. to 5 p.m. each day. 1022 Now, let’s address a question that’s sure to be on everyone’s mind: How much will this treasure trove of entertainment cost you? Well, the answer is as simple as it gets – absolutely nothing! That’s right, folks, entry to this mesmerizing event is completely free. And not only will you gain access to the festival without spending a single cent, but you’ll also have the opportunity to indulge in the majority of the entertainment and attractions without parting with your hard-earned greenbacks. 1023 As for the festival’s location, it graces Downtown Boynton Beach along East Ocean Avenue, stretching from Seacrest Boulevard to NE 4th Street. A handy reference point is Boynton Beach City Hall at 100 E. Ocean Avenue – simply plug this address into your trusty GPS device and set sail for adventure. The Enchanted Market will be located at the eastern portion of the event, between SE 3rd Street and the Railroad Tracks. 1024 While we understand that personal vehicles are often the preferred mode of transportation, it’s worth noting that parking can be quite limited. To ensure a smooth voyage, we strongly recommend exploring alternative transportation options. Ridesharing services like UBER and LYFT, as well as local cab companies, offer convenient options. Moreover, a few Palm Tran bus routes pass directly by or near the event site; you can find further information on bus routes 1, 70, and 73 at www.discover.pbc.gov. 1025 Now, as much as we adore our furry companions, we must advise against bringing your beloved pets to the festival. The high-energy nature of the event, featuring lively music and active cannons, may not provide the ideal environment for our four-legged friends. It’s best to leave them in the comfort of your home during this adventure. 1026 Prepare to be entertained! The festival boasts a diverse lineup of live and interactive performances suitable for patrons of all ages. Lose yourself in the rhythm of live music and enchanting dance performances, and be awe- struck by thrilling stunt shows. 1027 For the little adventurers in your crew, there’s a treasure trove of activities awaiting. From face painting to giant inflatables and craft making, the festival has a host of engaging experiences for children. 1028 And here’s a treat for Halloween enthusiasts – The Enchanted Market will offer trick-or-treating! Simply swing by the BBCRA information booth to pick-up a complimentary bag and discover which vendors are sharing sweet treats. For those eager to snag some complimentary Pirate Fest merchandise, you’re in luck. You can acquire branded items by completing a brief feedback survey at the BBCRA Information Booth located in the Enchanted Market. 1029 1030 If you’re still harboring questions about this year’s festival, look no further. Visit bbpiratefest.com and the designated Facebook Event Page to stay updated on the latest festival news. Join the conversation and share your adventures using #BBPirateFest on your favorite social media platforms. Get ready to set sail on an unforgettable adventure at the Boynton Beach Pirate Fest – a celebration that promises enchantment, excitement, and endless memories. So, mark those calendars, gather your crew, and prepare for a weekend of maritime magic that’s not to be missed! 1031 October 20, 2023 EXPERIENCE AN UNFORGETTABLE JOURNEY AT THE BOYNTON BEACH PIRATE FEST’S ENCHANTED MARKET What: Boynton Beach Pirate Fest When: October 28th and 29th from 10 AM to 5 PM Where: 120 East Ocean Avenue in Downtown Boynton Beach Cost: FREE! For the latest updates, click here to view the Facebook Event Page 1032 THE PIRATES ARRR COMING The Boynton Beach Pirate Fest is an annual extravaganza that transforms the city’s downtown core into a world of swashbuckling pirates and enchanting mermaids. And believe us when we say, missing out on this spectacle would be a grievous mistake! Brought to you by the City of Boynton Beach, in collaboration with the Boynton Beach Community Redevelopment Agency (BBCRA), the two-day festival is designed to awaken the adventurer within you. Prepare to immerse yourself in a sea of excitement and sensory delight. It’s an experience that will leave you craving for more! THE ENCHANTED MARKET Advertisement Mark your calendars with fervor, for the Boynton Beach Pirate Fest is where dreams come alive. But what makes this event truly enchanting? 1033 Well, let us introduce you to the Enchanted Market, a must-visit for anyone seeking a magical local experience. Picture this: A bustling marketplace nestled within the charming pirate village of Hobb’s Cove. As you explore this whimsical wonderland, you’ll discover a diverse array of local businesses, each offering their unique goods and services. It’s the perfect place to unearth hidden treasures and support the local community, making your pirate dreams a reality. So, don your best pirate gear and set forth on a journey like no other! 1034 ARRR YOU READY TO TRICK-OR-TREAT? Calling all Halloween enthusiasts! The Enchanted Market has a special treat for you – trick-or-treating! Swing by the BBCRA information booth, which will be located in front of Flower Kingdom, to grab your complimentary bag and discover which vendors are sharing sweet treats. It’s Halloween magic in a pirate’s paradise! 1035 HUNT FOR TREASURE And now, the pièce de résistance – a treasure hunt! The legends tell of hidden pirate treasures scattered throughout the Enchanted Market. Are you up for the challenge? Head to the information booth to claim your treasure map, which will guide you on an exhilarating adventure through the festival. What’s more, participants will be entered into a drawing for a chance to win a treasure trove of loot, including an authentic Pirate Fest banner bag and merchandise, along with gift certificates to local businesses in the BBCRA area. CONNECT WITH LOCAL BUSINESSES DURING THE FESTIVAL 1036 But what about the businesses themselves, you ask? Well, the Enchanted Market is teeming with a treasure trove of local gems. Here are just a few of the businesses you can expect to encounter: Bond Street Ale and Coffee: For a swig of grog and a caffeine jolt. Front Door Detailing: Keep your ship, ahem, car looking pristine. Island Grill Take Out LLC: Satisfy your cravings with a taste of the tropics. Tropical Smoothie Cafe: Cool off with a refreshing, fruity concoction. Eye and Ear of the Palm Beaches: Keep an eye out for hidden treasures and protect your ears from the cannons’ roar. A Taste of Africa Catering Service: Savor the flavors of a distant land. Coastal Palms Realty, Inc.: Find your own pirate hideaway. Common Grounds Brew & Roastery: The perfect spot to meet your pirate crew for some java. Imperial Insurance & Tax: Secure your treasure with the right insurance. Mancave for Men Boynton Beach: Treat your inner pirate with a day of grooming. Salon South Flow: Get your pirate hair and makeup on point. Simple’ WHOA! Nutrition: Boost your energy for the treasure hunt. Trilogy Fitness MMA: Train like a pirate warrior. Troy’s Bar Be Que: Satisfy your inner pirate’s hunger with mouthwatering BBQ. ArtSea Living Studio & Boutique: Discover unique treasures and paint your own art masterpiece. The Boardwalk Italian Ice & Creamery LLC: Satisfy your sweet tooth with a tasty treat. Tiki Taxi and Cruises: Plan your next pirate adventure on the high seas. Stretch Zone East Boynton: Keep your body limber for the treasure hunt. Guaca Go: Guaca Go be the treasure chest of avocados on the high seas! The Sol Oasis Healing Arts Studio & Yoga: Find yer balance at The Sol Oasis, where even scallywags need a moment of zen! East Ocean Café: Where ye can fill yer belly with fare fit for a pirate king! Original Barber: Get a trim fit for a captain at Original Barber. The Flower Kingdom: Even the roughest pirates have a soft spot for blooms. With all this and more awaiting you at the Boynton Beach Pirate Fest, there’s no time to waste. Get ready to embark on the adventure of a lifetime and support your local community while you’re at it. Arrr, ye won’t want to miss it! So, set your compass for Hobb’s Cove and let the treasure hunt 1037 begin. It’s a swashbuckling good time that you’ll be talking about for years to come. October 23, 2023 CONTINUE THE ADVENTURE IN DOWNTOWN BOYNTON BEACH THIS HALLOWEEN WEEKEND! Ahoy there, mateys! The Boynton Beach Pirate Fest may be wrapping up early this year, but that doesn’t mean the adventure has to end. Downtown Boynton Beach is bustling with vibrant businesses eager to welcome you into their embrace. Discover a treasure trove of exciting experiences and delicious delights as you continue your exploration throughout the city’s eastern corridor. So, hoist the Jolly Roger and continue the excitement after the festival at these incredible downtown establishments that’ll have you saying, “Arrr, what a day and night!” 1. Tiki Taxi & Cruises 1038 Set sail with Tiki Taxi & Cruises! They offer picturesque cruises that’ll have you feeling like the captain of your own ship. Whether you’re a seasoned sailor or a landlubber, this is an opportunity to explore the open sea and take in breathtaking waterfront views, while enjoying a local libation and grooving to some great music. Located at 728 Casa Loma Blvd., and open from 3-11 PM with sailings every hour on the hour. Tickets to ride are $10. Stop by the BBCRA information booth to claim your Boynton Beach Bucks voucher, which will be good for one complimentary ride. 1039 2. Sweetwater Advertisement Quench your thirst and indulge your taste buds at Sweetwater, where delectable cocktails and mouthwatering dishes will make your evening unforgettable. Join their festivities for the “Haunted Mansion” Halloween 1040 Party on Saturday night. Be sure to arrive in costume! Visit them at 1507 Federal Hwy. until 2 AM. 3. The Butcher & The Bar Prepare to feast like a true buccaneer at The Butcher & The Bar. This upscale eatery is known for its exceptional meats and gourmet cuisine. Gather your crew and savor a hearty meal that’ll make you forget all about your landlubber worries. Visit them downtown at 510 E. Ocean Ave. Unit 101 until 11 PM. 1041 4. Two Georges Waterfront Grille An iconic destination for the true seafood lover, Two Georges Waterfront Grille is ready to satisfy your maritime cravings. Enjoy fresh catches, tropical drinks, and a panoramic view of the waterfront. An ideal spot to soak in the salty air and unwind. Located at 728 Casa Loma Blvd., and open until midnight. 1042 5. Banana Boat Banana Boat is the ultimate waterfront hot spot for those who crave casual dining and entertainment. Their waterside bar offers a delightful array of cocktails, and you can relish the fresh ocean breeze while you sample their mouthwatering seafood dishes. Saturday feature live music until midnight. Visit them at 739 E. Ocean Avenue. 1043 6. Hurricane Alley Keep the adventure rolling at Hurricane Alley, where you’ll find a laid-back atmosphere and an extensive selection of craft beers. With their pub-style fare and lively crowd, you’re in for a raucous good time. Visit them downtown at 529 E. Ocean Ave until 10 PM. 1044 7. Driftwood Looking for an intimate setting and craft cocktails? Driftwood is the place to be. Their mixologists concoct creative libations that will tickle your taste buds and set the mood for a night to remember. Visit their location at 2005 Federal Hwy. until 9PM. 1045 8. The Fish Depot For those who want a lively island-style bar and grill, The Fish Depot is the go-to destination. Their open-air location features a stage with local bands. Their menu is packed with fresh, local catches, and their casual ambiance makes it a perfect place to unwind after the festival. Visit them at 511 NE 4th St., where they’ll be rockin’ and rollin’ until 2AM. So, there you have it, me hearties! While the Boynton Beach Pirate Fest might be coming to an early close, your adventure is far from over. Venture into the heart of downtown and support these remarkable local businesses that are sure to keep the excitement alive. Whether you’re seeking mouthwatering cuisine, refreshing libations, or captivating waterfront views, the treasures of downtown await you. Embrace the spirit of the festival and keep the good times rolling long into the night. Don’t miss out on these incredible post-festival destinations in Downtown Boynton Beach! Check out our Business Directory to learn more about other fabulous businesses located within the BBCRA area. 1046 November 30, 2023 THE FESTIVE FLOTILLA RETURNS WITH THE BOYNTON BEACH BOAT PARADE Embrace the holiday spirit this season at the 51st Annual Boynton Beach Holiday Boat Parade. The Boynton Beach Community Redevelopment Agency (BBCRA), in collaboration with the City of Delray Beach, Town of Hypoluxo, and Town of Lantana, will proudly present the festive parade on Friday, December 8, 2023, starting at 6:30 PM. This seasonal event promises a spectacular showcase of illuminated vessels that will navigate the picturesque Intracoastal waterways, weaving a magical tapestry of lights and colors. In true South Florida fashion, where water activities are a cherished pastime, the Boynton Beach Holiday Boat Parade has become a highly anticipated local tradition. As the countdown to this extraordinary event begins, here’s everything you need to know to make the most of this dazzling celebration. 1047 How to Join the Parade The BBCRA invites all local boaters to participate in this year’s Holiday Boat Parade! Please complete the online application here. Entry in the parade is FREE, however all participants are asked to provide a new, unwrapped toy to be donated to Toys for Tots. 1048 All skippers and mates are asked to attend the mandatory captains’ meeting on December 5th at 6:30 PM at City Hall – 100 E. Ocean Avenue, Boynton Beach, FL, 33435, inside Community Room 115. Access to the Community Room is located on the west side of City Hall off of Seacrest Boulevard. During the meeting important information will be shared from BBCRA staff and the BBPD Marine Unit. 1049 Prizes will be awarded for First, Second, and Third Place in three size categories: Under 25 feet, 25 feet to 34 feet, and 35 feet and up. The date and location for the Awards Dinner is TBA. Following the Boat Parade, all participants will receive an invitation to the dinner, which will require a RSVP. 1050 Parade Route The shimmering procession will commence just south of the Ocean Avenue bridge in Lantana, near the iconic Old Key Lime House, and will gracefully wind its way southward to the C-15 canal in Delray Beach, situated just south of Linton Boulevard. Traffic Considerations Anticipate a surge in pedestrian and vehicular activity throughout Boynton Beach and Delray Beach, as spectators flock to various vantage points along the Intracoastal. Plan accordingly, allowing extra time for travel, especially in the eastern areas of each city, notably the Federal Highway corridor and A1A. Bridge Delays 1051 For the safety of all, several bridges along the route will be raised to facilitate the passage of the boat parade. Though specific bridge closure times are challenging to pinpoint, the following estimates based on previous years’ data provide a general guideline: Boynton Beach Ocean Avenue – 7:15 PM Woolbright Road – 7:30 PM Delray Beach George Bush Boulevard – 7:45 PM Atlantic Avenue – 8:00 PM Linton Boulevard – 8:15 PM Optimal Viewing Spots Numerous enchanting locales offer prime views of the parade, including waterfront restaurants, parks, and marinas. Here are our top picks: Boynton Beach Boynton Harbor Marina – 735 Casa Loma Boulevard (Official Watch Location) Advertisement Jaycee Park – 2600 S. Federal Highway Two Georges Waterfront Grille – 728 Casa Loma Boulevard Banana Boat – 739 E. Ocean Avenue Prime Catch – 700 E. Woolbright Road Intracoastal Park – 2240 N. Federal Highway Harvey Oyer Park – 2010 N. Federal Highway Delray Beach Veteran’s Park – 802 NE 1st Street 1052 Knowles Park – 1001 S. Federal Highway Deck 84 – 840 E. Atlantic Avenue Del Fuego – 900 E. Atlantic Avenue Festivities at the Boynton Harbor Marina The BBCRA will host the official watch party for the parade, starting at 6:30 PM at the Boynton Harbor Marina. Festivities will include live music from the band Spider Cherry, a children’s craft activity provided by Art-Sea Living Studio, face painting, photo opportunities, food and drinks from Two Georges, treats for purchase from Scheurer’s Hand-Dipped Chocolates, and a special visit from Santa Claus and his cheery elves. Free parking will be available in the lot located at 115 N. Federal Highway and paid parking is available within the parking garage located at the Marina. 1053 Toys for Tots In the spirit of giving, Sea Tow will join the parade, collecting new, unwrapped toys for Marine Toys for Tots. Illuminate the night by waving a flashlight, signaling a Sea Tow boat to collect your donation at individual docks along the route. Moreover, on the night of the parade, Toys for Tots donation boxes will be available at Boynton Harbor Marina, Banana Boat, Prime Catch, Two Georges, and Deck 84. Let’s join hands to bring joy to local children during this holiday season. 1054 For additional information about the boat parade, please visit the BBCRA website or the designated Facebook Event Page. Don’t miss out on this radiant celebration that promises to create cherished memories for years to come! 1055 Attachment IV BBCRA Social Media Top Business Promotional Posts (10/1/23 - 12/31/23) 1056 1057 1058 1059 Overall Facebook and Instagram reach trended downward this quarter due to the spike of interest and paid ads in October surrounding the Boynton Beach Pirate Fest Event. This trend follows what was seen in previous years. The BBCRA Facebook gained 503 new followers in the past quarter 1060 BBCRA Social Media Posts (10/1/23 - 12/31/24) The following is a list of all BBCRA social media posts for the 1st Quarter. The BBCRA social media posts consist of a variety of BBCRA events and projects and programs, original content with information about BBCRA businesses, and shared posts from BBCRA businesses. In general, additional paid boosts or advertisement are used to highlight a special campaign or event in order to reach a broader audience. As a result, these promotions brings a higher number engagement. An alternative to paying for the paid advertisement is to vary the content of the post by using videos, trivia, contests, etc. in addition to the still photos or images. This quarter's social media data indicates: • Posts about events and activations for the holiday season performed best. . • BBCRA development projects & district programs continue to perform extremely well without paid advertising. • The BBCRA Audience engaged the most this quarter with business posts highlighting restaurants within our district. 1061 Post Content Date Reach Engagement 1062 Post Content Date Reach Engagement 1063 Post Content Date Reach Engagement 1064 Post Content Date Reach Engagement 1065 Post Content Date Reach Engagement 1066 Post Content Date Reach Engagement 1067 Post Content Date Reach Engagement 1068 Post Content Date Reach Engagement 1069 Post Content Date Reach Engagement 1070 Post Content Date Reach Engagement 1071 The BBCRA’s reach and engagement on Facebook has decreased compared to the previous quarter. Attachment V BBCRA Facebook 2023 4th Quarter Compared to 2024 1st Quarter The graph below shows a decrease in reach over the past 90 days. This decrease is due to the spike of interest and paid ads in October surrounding the Boynton Beach Pirate Fest Event. This trend fol- lows what was seen in previous years. This quarter posts with images performed the best. Reach is defined as a metric that measures the number of unique people that saw a piece of media content. The graph below shows a decrease in engagement over the past 90 days, following the same trend as seen in the post reach. Engagement is defined as a measure of all interactions with your social media content. Popular types of engagement include likes, comments, and shares. 1072 In a seven day comparison of November 1-7, 2022 and November 1-7, 2023 posting frequency is similar, as are audience reach and engagement showing consistency in follower retention and engagement from year-to-year. 2023 2022 1073 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 CRA PROJECTS IN PROGRESS AGENDA ITEM 16.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 ($378,346) Remaining Fund Balance as of 1/8/24: $221,654 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 1074 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 $8,000 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 $3,000 Bi-Square Inc. 1080 S. Federal Highway Commercial Building Property Improvement $22,185 $0 Dimensional Health Care LLC 458 N. Federal Highway, Unit 5 Medical Office Rent Reimbursement Property Improvement $44,176 $0 Pending February 13, 2024 Approval Gillion & Co. Inc. 137 NW 10th Avenue, Unit 107 Professional Office Rent Reimbursement Property Improvement $40,560.16 $0 Jken Boutique 1600 N. Federal Highway, Unit 9 Retail Rent Reimbursement $17,550.54 $0 Casa Costa Cafe LLC d/b/a Cafe Prelude 400 N. Federal Highway, Unit 8 Bakery Cafe Rent Reimbursement $9,150 $0 Agape Health & Wellness LLC 137 NW 10th Avenue, Unit 102 Professional Office Rent Reimbursement Property Improvement $41,773.72 $0 Forward Leaders Group LLC d/b/a Eat Dope Vegan 137 NW 10th Avenue, Unit 105 Restaurant Rent Reimbursement Property Improvement $65,950 $0 New Business Tax Receipts issued in January 2024 within the CRA boundaries. 1075 Business Name Address Business Use ZPlumberz of Palm Beach 1300 W. Industrial Avenue, Unit 105 Plumber Towing One LLC 724 N. Federal Highway Auto Service/Towing Beach House Boutique 1120 S. Federal Highway Retail Eat Side Creative Hair Salon 614 N. Federal Highway Hair Salon 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. 1076 •Attachment I - NOP 1st Quarter Report •Attachment II - Crime Stats •Attachment III - Executed Fourth Amendment to the Interlocal Agreement Between the City and CRA for NOP Operations Funding •Attachment IV - NOP FY 2023-2024 Budget COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 CRA PROJECTS IN PROGRESS AGENDA ITEM 16.D SUBJECT: Neighborhood Officer Program 1st Quarter Report for FY 2023-2024 SUMMARY: The CRA funded Neighborhood Officer Program (NOP), in partnership with the Boynton Beach Police Department, has submitted their Unit Activity Report for the 1st Quarter (October 1 - December 30) Fiscal Year 2023-2024, along with the Heart of Boynton (HOB) District Crime Stats for the same time period (see Attachments I-II). The NOP Quarterly report is required under the the funding terms of the Interlocal Agreement between the CRA and the City of Boynton Beach for FY 2023-2024 (see Attachment III). The FY 2023-2024 NOP Budget is provided as Attachment IV. FISCAL IMPACT: FY 2023-2024 Budget, Project Fund 02-58500-460: $695,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton District (pages 105- 118) CRA BOARD OPTIONS: No action is required at this time unless otherwise determined by the CRA Board. ATTACHMENTS: Description 1077 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY NEIGHBORHOOD OFFICER POLICING PROGRAM Quarter 1 Fiscal Year 2024 Quarterly Report October 1, 2023 to December 31, 2023 1078 2 TABLE OF CONTENTS I. Community Oriented Policing Defined page 3 II. Quarterly Report Requirements page 3 III. CRA & Boynton Beach Police ILA Activities page 4 IV. Neighborhood Officer Program (NOP) • NOP Organizational Chart page 5 • Mission Statement & Tasks page 5 • Officers Quarterly Work Hours page 7 • Significant Quarterly Activities by week page 8 • Photos – Community Events & Business Walks page 13 • CRA Area Crime Statistics page 28 1079 3 Community Oriented Policing Defined Community policing definitions typically focus on three components that characterize many programs: some level of community involvement and consultation; decentralization, often increasing discretion to line-level officers; and problem solving. Because community policing is focused on close collaboration with the community and addressing community problems, it has often been seen as an effective way to increase citizen satisfaction and enhance the legitimacy of the police and the evidence is supportive in this regard. A major goal of this proposed neighborhood officer program is to cultivate high levels of mutual trust, understanding and respect between police and the residents of the neighborhoods they patrol and to ensure there is a visible presence of police in the community. In order to achieve this, it is necessary that these Community Partners develop relationships which transcend the confines of ordinary community policing activities and instead focuses upon building sustainable problem- solving partnerships. Additionally, the building of problem-solving partnerships and substantive relationships with invested members of the community will lead to a greater understanding of some of the challenges members of the public face and help the police department garner unique insights which might aid in addressing these challenges. This program helps effectively integrate police personnel into the fabric of our community. Reducing crime and disorder and improving the quality of life within historically blighted neighborhoods requires the development of these types of productive and meaningful relationships between citizens and representatives of their local government. As the most visible and accessible municipal agency, police personnel are uniquely postured to serve as a catalyst to an array of city services, community resources and organizations which can aid those in need as they work to better their circumstances and work in concert with other Community Partners to confront the challenges they identify within the community. Quarterly Report Requirements: The scope of this quarterly report is to fulfill the Program requirements set forth in the Inter-Local Agreement (ILA) between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA); whereas the CRA shall be provided a written report outlining the following: • Hours worked by the Program Officer; • Name, rank and badge number of Program officers who have worked the Program during the reporting period; • Activities undertaken to achieve the goals of the Program; and • Crime statistics for the reporting period 1080 4 CRA & BOYNTON BEACH POLICE DEPARTMENT ILA ACTIVITIES • The Boynton Beach CRA and the City will provide a visible base of operations for this Program located at 119 E. Martin Luther King Jr. Blvd. Unit #8, which will act as a neighborhood storefront police station (Under Construction). • Police personnel assigned to this Program will be assigned within the CRA area. • Assist with public education and crime prevention within the CRA area. • Identify neighborhood specific problems and help with the coordination of other City services to resolve the issues. • Implement the use of an automatic license plate reader (ALPR) as an intelligence gathering platforms. • On a quarterly basis, the Police Department shall provide the CRA with crime statistics for the CRA area along with data gathered by the ALPR and a GIS map identifying where crimes are occurring in the area. • Police personnel assigned to this unit shall patrol: (a) On foot, (b) on bicycle, or (c) on Segway vehicles, (d) on golf carts, or (e) other department issued vehicles. • Police personnel assigned to this function shall work a minimum of 40 hours a week. Twenty of these hours should be spent being visible in the community, building relationships, collecting information and providing resources and information to residents and business owners who seek to promote positive change within their neighborhood. Specific emphasis should be given to those actions which will contribute to the attainment of the goals established with Community Partners such as but not limited to attend regularly scheduled Community Partners’ meetings and establish attainable goals with measurable outcomes with Community Partners. • The schedule for these Police personnel shall not be set, established or publicly posted. Their presence should be anticipated at any time by those who may be disrupted by their integration into the CRA area. • Police personnel assigned to this function will be furnished with either cell phones or, at minimum, voicemail accounts, which will be used to correspond with police personnel directly. CRA staff shall be provided with a list of these phone numbers and protocol for telephone contact or dissemination of information by the CRA to the Officers assigned to the Program. • CRA staff shall be informed of the Neighborhood Officers hours on a regular basis. • The CRA shall be provided with an organizational chart of the Officers assigned to the Program listing rank, badge numbers and years of service. • The CRA shall be provided a quarterl y written report outlining the following: o Hours worked by the Program Officer o Name, rank and badge number of Program officers who have worked the Program during the reporting period. o Activities undertaken to achieve the goals of the Program o Crime statistics for the reporting period. 1081 5 • The Police Department shall provide an annual written report summarizing the goals achieved along with a crime statistics report and associated map. Included in the report shall be recommendations for Program changes for the next fiscal year. • Funding for the Neighbor Officer Policing Program shall be at the discretion of the CRA Board and appropriated annually. • While the CRA will provide funding to support this program, operational and supervisory control remains with the Police Department. CRA Officers & Organizational Chart: CRA Officers Mission Statement & Tasks: Mission Statement: The NOP Program is a collaborative commitment with the CRA to create a prosperous and vibrant downtown district while providing safety to the business owners, residents, and visitors. This will be accomplished by having motivated, interested, and engaged officers who know their business owners, clergy and residents and stay in tune and engaged with the community through regular face to face contacts. Through these contacts, crimes and community problems will be proactively and promptly addressed and enforced. When a community is well cared for and appropriately policed, it is more inviting to potential business 1082 6 owners, residents and guests and crime is collaboratively controlled through a whole of community approach. Tasks: • Solicit Trespass Agreements from all business in the CRAs district • Solicit retailers in the CRA’s district to sign up for the Telegram App. This app will be used as an information sharing mechanism between retailers and the department regarding theft suspects, vandals, trespassers etc. • Serve as the first line of engagement with business owners, citizens and guests to resolve needs and conflicts. • Monitor radio for in-progress crimes and nuisance calls in the CRAs District and respond and investigate those crimes. Specifically, CRA Officers are required to respond to all in progress calls to include but not limited to robberies, retail thefts, shootings, aggravated assaults & batteries, etc. • Instances of Public Nuisance have the potential to affect the health, safety, welfare, and/or comfort of the general public. Therefore, CRA Officers are required to address all observed and reported instance of public nuisance offenses, to include but not limited to public intoxication, public drinking, public urination and defecation, harassment, intimidation, and passing out in public places. • Patrol the CRA areas of the city with a positive solution-based approach. • With CRA input, identify people with significant influence within the community (members of the clergy, community activists, longstanding residents who are well- respected); work with them to cultivate partnerships and organize activities which will address the needs and challenges identified. • Work closely with Community Standards to identify and efficiently resolve code violations. • Collaborate with and develop relationships with city departments so that relevant community complaints can be promptly resolved or mitigated. • Monitor panhandlers and trespassers and take appropriate action to resolve the activity. • Utilize “My Boynton App” to log and monitor code violations and community concerns when the matter cannot be immediately addressed. • Partner with the agency’s victim advocate and community programs to provide outreach and assistance to the unhoused. • Attend monthly CRA meetings, events, and special meetings when assigned. 1083 7 CRA Officers quarterly work hours: The CRA Officers are assigned to work four (4) ten (10) hour shifts during a calendar week. During the quarter, the officers were assigned to work Monday to Thursday. The total number of eligible work hours per Officer in this quarter was 520 Hours. The table below depicts the officers’ individual time during the quarter: Officer Eligible Quarterly Normal Work Hours Actual CRA Patrol Hours Approved Leave Hours Approved Training Hours CRA Overtime Hours Comp. Time Earned Hours Davis 520 486.5 33.5 0 5 0 Vazquez 520 387 53 80 11 0 Borrero 520 317 93 110 6.5 0 Note: The overtime hours listed above do not include CRA Detail hours worked, other department overtime or department detail hours worked by the listed officers. The only overtime hours included above are directly attributable to CRA duties and responsibilities. Additionally, Actual Patrol hours do not include overtime hours worked of any kind. Significant Quarterly Activities Executive Summary: During the quarter the CRA Officers attended 14 community events/meetings, conducted 35 separate business/checks walks, performed 40 extra patrols, obtained 3 trespass agreements with local businesses, attended 3 CRA Board Meetings, made 6 arrests and performed 87 traffic stops. Business walks and checks, whether conducted solely by the CRA Officers or in collaboration, with CRA staff, are opportunities to build bridges and relationships with the CRA District’s business Community. During these self-initiated contacts, the CRA Officers and staff listen to concerns and problems and provide information and solutions to the business community. These grass root contacts, serve as a critical information source and as a foundational basis for creativity and problem solving. Like business walks and checks, community meetings and events serve to inform the CRA Officers and Police Department Command Staff of concerns, but the concerns voiced in these venues are generally more individual and community based. At these meetings, community concerns regarding traffic problems, crime and community cleanliness are brought forward, among others. The CRA Officers and Police Staff respond to the community’s concerns by providing input and recommendations and when appropriate work with other city departments to resolve these concerns swiftly and efficiently. Community confidence in law enforcement increases when the 1084 8 community sees their police department values and responds to their concerns and needs and works in conjunctions with other city departments to institute positive change. Significant Quarterly Activities Undertaken by Week: Week 1 – 10/01/2023 to 10/07/2023 • Officers made a narcotics arrest at 400 W. Boynton Beach Blvd., Case#23-048981 • Officers conducted a business check at 1600 N. Federal Highway, Case#23-048992 • Officers performed and extra patrol at 580 E. Woolbright Rd., Case#23-049002 • Officers performed and extra patrol at 3625 S. Federal Highway, Case#23-049006 • Officers conducted a business check at 640 Industrial Ave., Case#23-049229 • Officers conducted a suspicious person investigation at 2300 S. Federal Highway, Case#23-049290 • Officers performed an extra patrol at 1005 N. Seacrest Blvd., Case#23-049306 • Officers met with City employee Ben Dexter at the Sign Shop regarding assistance with installation of no trespassing signs • Officers addressed the complaints of illegal activity at EZ Mart • Officers attended National Night Out at Centennial Park • Officers met with the CRA and Post Office personnel and obtained a no trespass agreement and posted signage, Case#23-049655 • Officers conducted nineteen (19) traffic stops Week 2 – 10/08/2023 to 10/14/2023 • Officers conducted a shoplifting investigation at 100 E. Martin Luther King Blvd, Case#23-050534 • Officers conducted an extra patrol of Palmetto Green Park. Case#23-050759 • Officers attended the CRA’s Monthly Board Meeting • Officers conducted an extra patrol at 799 E. Ocean Ave., Case#23-050963 • Officers performed a business check at 1600 N. Federal Highway, Case#23-050970 • Officers performed an extra patrol of the Marina, Case#23-050973 • Officers made a narcotics arrest at EZ Mart, Case#23-050974 • Officers conducted a business check at Riverwalk Plaza, Case#23-051160 • Officers conducted an extra patrol of Sunshine Square, Case#23-051153 • Officers investigated a suspicious person at Walmart, Case#23-051172 • Officers handled a disturbance by a customer at 1725 S. Fed. Highway, Case#23-051174 • Officers conducted eight (8) traffic stops 1085 9 Week 3 – 10/15/2023 to 10/21/2023 • Officers performed an extra patrol at Walmart, Case#23-051880 • Officers conducted a business check at 580. E. Woolbright Rd., Case#23-051886 • Officers performed a business check at 743 NE 1st Ave. Case#23-051896 • Officers performed a business check at 643 NE 4th Ave. Case# 23-051932 • Officers performed an extra patrol at 580 E. Woolbright Rd. Case#23-052095 • Officers performed and extra patrol at 1600 S. Federal Hwy., Case#23-052103 • Officers performed an extra patrol at 2600 S. Federal Hwy. Case#23-052108 • Officers conducted a business check at 401 N. Railroad Ave. Case# 23-052135 • Officers investigated a suspicious person at 529 E. Ocean Ave., Case# 23-05171 • Officers issued a trespass warning at 500 W. Gateway Blvd, Case#23-052381 • Officers issued a trespass warning at 1500 Corporate Dr., Case#23-052388 • Officers conducted a business check at 743 NE 1st Ave., Case#23-052402 • Officers conducted a business check at 101 S. Federal Hwy. Case#23-052404 • Officers conducted a business check at 401 N. Railroad Ave. Case#23-052409 • Officers conducted a business check at 422 Industrial Ave. Case#23-052416 • Officers performed a business check of River Walk Plaza Case#23-052581 • Officers conducted a business check of the Post Office Case# 23-052596 • Officers assisted with a Shooting investigation at1400 NW 1st St. Case#23-052605 • Officers conducted two (2) traffic stops Week 4 – 10/22/2023 to 10/28/2023 • Officers conducted an extra patrol at 413 E. Ocean Ave. Case# 23-053429 • Officers conducted an extra patrol on Industrial Ave. Case#23-053378 • Officers performed an extra patrol of Sunshine Square, Case#23-053616 • Officers performed an extra patrol of CVS, Case#23-053620 • Officer made at warrant arrest at 1810 S. Federal Hwy., Case#23-053713 • Officers performed a business check of Walmart S. Federal Hwy., Case#23-053746 • Officers performed an extra patrol at 401 N. Railroad Ave., Case#23-053784 • Officers performed an extra patrol of Palmetto Greens Park, Case#23-053936 • Officers made a narcotics arrest at 320 NE 13th Ave., Case#23-053953 • Officers contacted multiple business to solicit interest in the CRA’s Job Fair scheduled for December 9, 2023 • Officers conducted fourteen (14) traffic stops Week 5 – 10/29/2023 to 11/04/2023 • Officers performed a business check at 400 W. Industrial Ave. Case#23-054661 • Officers conducted an extra patrol at the Marina, Case#23-054670 1086 10 • Officers performed an extra patrol at EZ Market 1005 N. Seacrest Blvd., Case#23- 054676 • Officers handled a suspicious person investigation at Woolbright Rd & Seacrest Blvd., Case#23-054682 • Officers attended the Coalition of Clergy Community Meeting at Carolynn Sims Center • Officers conducted an extra patrol of Sara Sims Park, Case#23-054925 • Officers performed an extra patrol of ACE Hardware, Case#23-055086 • Officers conducted two (2) traffic stops Week 6 – 11/05/2023 to 11/11/2023 • Officers conducted and extra patrol of 1600 N. Federal Hwy., Case#23-056167 • Officers assisted with a shooting investigation at 606 Meadows Cir., apprehending the suspect, Case#23-056310 • Officers conducted an extra patrol of Sunshine Square, Case#23-056345 • Officers met with business owners reference the CRA’s job fair • Officers conducted ten (10) traffic stops Week 7 – 11/12/2023 to 11/18/2023 • Officers conducted a traffic stop resulting in 2 arrests, Case#23-057180 • Officers attended the CRA Board Meeting • Officers assisted detectives with execution of a search warrant, Case#23-057448 • Officers attended Unity Project/Fest Meeting at Carolyn Sims Center • Officers made an arrest for fleeing and eluding, Case#23-057594 • Officers assisted with and attended Feed the Community event at St. John’s Church, Case#23-057584 • Officers conducted one (1) traffic stop Week 8 – 11/19/2023 to 11/25/2023 • Officers addressed a complaint from the CRA regarding vagrants on the property of 512 N. Seacrest Blvd. • Officers obtained a trespass agreement for 114 N. Federal Hwy, Case#23-058389 • Officers obtained a trespass agreement for 222 N. Federal Hwy, Case#23-058390 • Officers assisted with the death of an individual struck by a train, Case#23-058605 • Officers attended the Unity Project/Fest Meeting at Carolyn Sims Center 1087 11 Week 9 – 11/26/2023 to 12/02/2023 • Officer Davis conducted a business check at Walmart 3625 Federal Hwy., Case#23- 059363 • Officer Davis conducted a business check at 401 N. Railroad Ave., Case#23-059387 • Officer Davis conducted an extra patrol at 623 S. Federal Hwy., Case#23-059400 • Officer Davis conducted a business check at 640 E. Ocean Ave., Case#23-059518 • Officer Davis performed an extra patrol of 100 E. Martin Luther King Blvd., Case#23- 059585 • Officer Davis conducted a business check of 1415 S. Federal Hwy., Case#23-059729 • Officer Davis conducted a business check at 1815 S. Federal Hwy., Case#23-059531 • Officers Davis conducted an extra patrol at 100 E. Martin Luther King Blvd., Case#23- 059585 • Officer Davis conducted a business check of 1415 S. Federal Hwy., Case#23-059729 • Officer Davis conducted an extra patrol at 1600 S. Federal Hwy., Case#23-059753 • Officer Davis conducted a business check at 700 Casa Loma Blvd., Case#23-059819 • Officer Davis conducted an extra patrol at 217 N. Federal Hwy., Case#23-060001 • Officer Davis and Captain Burdelski attended the Coalition of Clergy Community Meeting at Carolyn Sims Center • Officer Davis and Captain Burdelski attended the Unity Project/Fest Meeting at Carolyn Sims Center • Officer Borrero and Vazquez attended Police Mountain Bike Training providing them with the required training to patrol the CRA’s District on a bike • Officer Davis conducted four (4) traffic stops Week 10 – 12/03/2023 to 12/09/2023 • Officers conducted an extra patrol of Intracoastal Park, Case#23-060639 • Officers handled a retail theft from Ace Hardware, Case#23-060794 • Officers investigated an attempted burglary at 218 SE 25th Ave., Case#23-060825 • Officers made a narcotics arrest at 300 NW 8th Ave., Case#23-060973 • Officers participated in Shop with a Cop at Walmart 3625 Federal Hwy. • Officers attended the Unity Project/Fest meeting at Carolyn Sims Center • Officer organized and held a Job Fair at Carolyn Sims Center • Officers conducted fourteen (14) traffic stops Week 11 – 12/10/2023 to 12/16/2023 • Officers conducted a business check at 1415 S. Federal Hwy, Case#23-061774 • Officer performed an extra patrol at 640 E. Ocean Ave., Case#23-061790 • Officers conducted a business check at 580 E. Woolbright Rd., Case#23-061931 1088 12 • Officers conducted a business check at 640 E. Ocean Ave., Case#23-061928 • Officers conducted a business check at 580 E. Woolbright Rd., Case#23-062115 • Officers conducted a business check at 1415 S. Federal Hwy, Case#23-062132 • Officers conducted a business check at 101 N. Federal Hwy., Case#23-062145 • Officers conducted a suspicious person investigation at 500 S. Federal Hwy., Case#23- 062340 • Officers conducted a business check at 410 NE 5th Ave., Case#23-062362 • Officers conducted a business check at 580 E. Woolbright Rd., Case#23-062308 • Officers conducted a business check at Walmart 3625 Federal Hwy., Case#23-062317 • Officers conducted a business check at 1600 S. Federal Hwy., Case#23-062358 • Officers attended the Unity Project/Fest planning meeting at Carolyn Sims Center • Officers conducted six (6) traffic stops Week 12 – 12/17/23 to 12/23/2023 • Officers issued a trespass warning at Dollar General, Case#23-063239 • Officers performed an extra patrol at EZ Market, 1005 N. Seacrest Blvd., Case#23- 063237 • Officers performed an extra patrol at Walmart 3625 Federal Hwy., Case#23-063255 • Officers performed an extra patrol of Riverwalk Plaza, Case#23-063259 • Officers performed and extra patrol of E. Ocean Ave., Case#23-063263 • Officers performed an extra patrol of Boynton Bay, Case#23-063410 • Officers investigated with an assault at 710 NE 7th St., Case#23-063400 • Officers attended the Unity Project/Fest Planning Meeting at Carolyn Sims Center • Officers assisted with apprehending carjacking suspects, Case#23-063547 • Officers conducted two (2) traffic stops Week 13 – 12/24/2023 to 12/31/2023 • Officer investigated a suspicious person at Dollar General, Case#23-064371 • Officers performed an extra patrol of 400 E. Ocean Ave., Case# 23-064381 • Officers performed an extra patrol of Industrial Ave., Case#23-064388 • Officers performed an extra patrol of Ocean Food Mart, Case#23-064398 • Officers performed an extra patrol of the Marina, Case#23-064401 • Officers performed a business check of Sunshine Square, Case#23-064416 • Officers performed two business checks of Walmart, Case#23-064421 & Case#23- 064566 • Officers performed an extra patrol at 100 E. Martin Luther King Blvd, Case#23-064616 • Officers performed an extra patrol of Sunshine Square, Case#23-064742 • Officer conducted five (5) traffic stops 1089 13 Community Events & Business Walk Photos: Ocean Plaza Walk – October 2, 2023 1090 14 1091 15 CRA Officer’s Business Check – N. Railroad Ave. – October 18, 2023 1092 16 CRA Officer’s Business Check – 422 Industrial Ave. – October 18, 2023 1093 17 CRA Officers Trunk or Treat – Carolyn Sims Center - October 31, 2023 1094 18 1095 19 Unity Project/Fest Planning Meeting – Carolyn Sims Center – November 15, 2023 1096 20 Community Meeting – November 27, 2023 – Carolyn Sims Center 1097 21 Unity Project/Fest Meeting – Carolyn Sims Center – November 29, 2023 1098 22 CRA Officer’s Job Fair – Carolyn Sims Center – December 9, 2023 1099 23 1100 24 1101 25 1102 26 1103 27 1104 28 CRA Crime Statistics October 1, 2023 to December 31, 2023: 1105 29 1106 30 1107 CRA DISTRICT CRIME STATS OCTOBER –DECEMBER 2023 1108 CRA DISTRICT CRIME STATS BOYNTON BEACH POLICE DEPARTMENT CRA CRIME REPORT OCTOBER -DECEMBER 2023 OFFENSE OCT NOV DEC TOTAL QTR 4 2023 TOTAL QTR 3 2023 DIFF / QTR CRIMINAL HOMICIDE *0 0 0 0 1 -100% SEXUAL BATTERY 0 0 1 1 7 -86% ROBBERY 1 2 3 6 6 0% AGG ASSAULT/BATTERY 10 8 2 20 15 33% VIOLENT CRIME TOTAL:11 10 6 27 29 -7% OFFENSE OCT NOV DEC TOTAL QTR 4 2023 TOTAL QTR 3 2023 DIFF / QTR RESIDENTIAL BURGLARY 4 5 1 10 5 100% BUSINESS BURGLARY 0 0 1 1 1 0% AUTO BURGLARY 4 1 5 10 30 -67% AUTO THEFT 5 2 9 16 17 -6% LARCENY 23 21 21 65 88 -26% NON-VIOLENT CRIME TOTAL:36 29 37 102 141 -28% INDEX CRIME TOTAL 47 39 43 129 170 -24% *Criminal Homicide does not include Vehicular Homicide as per NIBRS definition. OCT NOV DEC TOTAL QTR 4 2023 TOTAL QTR 3 2023 DIFF / QTR ARRESTS 81 56 57 194 77 152% DRUG OFFENSES/ARRESTS 19 18 23 60 53 13% CALLS FOR SERVICE 1946 1596 1632 5174 6098 -15% 1109 CRA DISTRICT CRIME STATS THERE WERE A TOTAL OF 130 PART 1 CRIMES IN THE CRA DISTRICT FROM OCTOBER THROUGH DECEMBER OF 2023. SHOPLIFTING ACCOUNTED FOR 22%OF THESE CRIMES WITH 28 CASES IN TOTAL.8 SHOPLIFTING CASES WERE CLEARED BY ARREST AND 3 CASES HAD WARRANTS ISSUED. 194 ARRESTS WERE MADE IN THE CRA DISTRICT,20 OF THESE ARRESTS WERE FOR PART 1 CRIMES. OF THE 60 CASES INVOLVING DRUGS/NARCOTICS,58 WERE CLEARED BY ARREST. ARSON 1%ASSAULT 15% BURGLARY 8% OTHER LARCENY 19%ROBBERY 5%SEX CRIME 1% SHOPLIFTING 22% STOLEN VEHICLE 12% THEFT 9% VEH BURGLARY 8% PART 1 CRIMES OCT -DEC 2023 1110 CRA DISTRICT CRIME STATS –VIOLENT CRIME OFFENSE OCT NOV DEC TOTAL QTR 4 2023 TOTAL QTR 3 2023 DIFF / QTR CRIMINAL HOMICIDE *0 0 0 0 1 -100% SEXUAL BATTERY 0 0 1 1 7 -86% ROBBERY 1 2 3 6 6 0% AGG ASSAULT/BATTERY 10 8 2 20 15 33% VIOLENT CRIME TOTAL:11 10 6 27 29 -7% 0 0 1 10 0 0 2 8 0 1 3 2 0 2 4 6 8 10 12 CRIMINAL HOMICIDE * SEXUAL BATTERY ROBBERY AGG ASSAULT/BATTERY CRA -4TH QTR VIOLENT CRIME DEC NOV OCT 1111 CRA DISTRICT CRIME STATS NON-VIOLENT CRIME OFFENSE OCT NOV DEC TOTAL QTR 4 2023 TOTAL QTR 3 2023 DIFF / QTR RESIDENTIAL BURGLARY 4 5 1 10 5 100% BUSINESS BURGLARY 0 0 1 1 1 0% AUTO BURGLARY 4 1 5 10 30 -67% AUTO THEFT 5 2 9 16 17 -6% LARCENY 23 21 21 65 88 -26% NON-VIOLENT CRIME TOTAL:36 29 37 102 141 -28% 4 0 4 5 23 5 0 1 2 21 1 1 5 9 21 0 5 10 15 20 25 RESIDENTIAL BURGLARY BUSINESS BURGLARY AUTO BURGLARY AUTO THEFT LARCENY CRA 4TH QTR NON-VIOLENT CRIME DEC NOV OCT 1112 1113 1114 1115 1116 1117 1118 1119 Category FY 2023 QTY Unit Cost FY 2024 Notes Personnel Officer Salaries & Incentives 259,384 4 87,728 350,913 Salary, Education Incentive Officer Benefits-Pension 100,997 4 49,187 196,747 Pension Officer Benefits 50,011 4 16,726 66,905 Healthcare, Dental, Vision, FICA Officer Overtime - 4 10,000 40,000 Police Service Aide (Civilian) Salary & Incentive 36,513 0 - Salary, Education Incentive (AVG) Police Service Aide (Civilian) Benefits-Pension 10,978 0 - Pension (AVG) Police Service Aide (Civilian) Benefits 12,883 0 - Healthcare, Dental, Vision, FICA (AVG) Total Personnel Costs $ 470,766 $ 654,565 Operating Expenses Cell Phones Service Plan 2,700 4 750 3,000 Cell Phones for CRA Officers Office Supplies / Misc Supplies 2,000 2,500 2,500 Office Supplies (incl printer/ copier) Office Electric, Cable/ Internet, water/sewage 6,180 12 1,000 12,000 Monthly Operating Cost Office Space Monthly Maintenance - 12 167 2,000 AC Filters/Repairs etc. Office Cleaning 1,500 12 167 2,000 City Cleaning Crew Computer equipment 1,000 4 - Misc, Cameras Uniform 2,000 4 563 2,250 uniforms,belts Community Events/Promotions 4,000 1 5,000 5,000 Youth Programs Training 4,000 4 2,000 8,000 CPTED, STEP academy - - Total Operating Expense $ 23,380 $ 36,750 Equipment Misc. Equipment - As needed 2,500 1 3,000 3,000 Misc. Equipment Segway (Maintenance) 1,000 3 - Preventative maintenance Total Equipment Costs $ 3,500 $ 3,000 Total Proposed Program Expenses $ 497,646 $ 694,315 FY 2024 ILA Amount 694,315$ NOTE: All amounts provided by Police Department with exception of Contingency and ILA amount for FY 2023-2024 FY 2024 COMPREHENSIVE ANNUAL BUDGET- CRA NEIGHBORHOOD POLICING PROGRAM 1120 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 13, 2024 CRA PROJECTS IN PROGRESS AGENDA ITEM 16.E SUBJECT: MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update - February 2024 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 metal roof, installing the appliances in the units 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 electrical, plumbing, and elevator are also being installed in the building. North Building CMC is working on the site hardscaping, landscaping, and interior finishes. Drywall, dishwashers, ovens, microwaves, electrical, plumbing fixtures, molding, hot water heater, tile, windows, doors, balcony railings and cabinets have been installed on the rental units. The elevator is being installed in the building. CMC has obtained a residential temporary certificate of occupancy and the units are fully leased. West Building CMC is working on the metal roof, installing the appliances in the units 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 electrical, plumbing, and elevator 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 1121 •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 - MLK Jr. Blvd 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 1122 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 1123 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 1124 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 1125 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 1126 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 1127 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 1128 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 1129 Know what'sR1130 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.1131 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 10-08-202033333331132 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 09-21-2020SOUTH2221133 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 SIMILAR222010101010101010101010101010101010101010101010101010102030303030303030303030303030303030303030303030303030303030303030404040404040404040405050505050505050505050506060606060606060707070707070707071134 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 09-21-2020SOUTH21135 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 SIMILAR22201010101010101010101010101010101010101010101010101010101010101030303030303030303030303030303030303030303030303030303030303040404040404040404040404050505050505050505050506060606060606060606060607070707070707070707070707070707071136 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 09-21-2020SOUTH2PORCHPORCHPORCHPORCHPORCH222221137 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 09-21-2020SOUTH21138 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 09-21-2020SOUTH2221139 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 09-21-2020SOUTH221140 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  1141 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 11142 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.1143 Know what'sR1144 1145 1146 1147 East Building Looking South from MLK Jr. Blvd1148 East Building Looking North to MLK Jr. Blvd1149 East Building Interior 1150 East Building Kitchen1151 North Building Looking North from MLK Jr. Blvd1152 North Building Looking South to MLK Jr. Blvd1153 North Building Interior 1154 North Building Kitchen1155 West Building Looking South from MLK Jr. Blvd1156 West Building Looking West to Seacrest Blvd1157 West Building Interior 1158 West Building Interior Kitchen1159