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Agenda 07-09-24
1.Call to Order 2.Invocation 3.Pledge of Allegiance 4.Roll Call 5.Agenda Approval 6.Legal 7.Informational Items and Disclosures by Board Members and CRA Staff: 8.Information Only A.BB QOZ, LLC's 2024 Annual Progress Report and 2nd Quarterly Report for the 115 N. Federal Highway Mixed Use Project (aka The Pierce) B.Quarterly Progress Report #5 from Pulte Home Company, LLC for the Cottage District Infill Housing Redevelopment Project - April 2024 - June 2024 9.Announcements and Awards A.Boynton Beach Night Market Announcement 10.Public Comments Community Redevelopment Agency Board Meeting Tuesday, July 9, 2024 - 6:00 PM City Hall Chambers, 100 E. Ocean Avenue and Online Meeting 561-737-3256 AGENDA REVISED 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 1 11.Consent Agenda A.CRA Financial Report Period Ending May 31, 2024 B.CRA Financial Report Period Ending June 30, 2024 C.Approval of the CRA Board Meeting Minutes for May 7, 2024 D.Approval of the CRA Board Meeting Minutes for May 14, 2024 E.Approval of the Second Amendment to the Purchase and Development Agreement for the Cottage District Infill Housing Redevelopment Project F.Approval of First Addendum to the Purchase and Sale Agreement for the Property Located at 524 NW 3rd Street to Extend Closing Date G.Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $18,000 to Taylor Adair Stylist LLC d/b/a Alchemy located in Ocean Plaza at 640 E. Ocean Avenue, Unit 18 & 19 12.Pulled Consent Agenda Items 13.CRA Advisory Board A.Pending Assignments - New Assignments from the CRA Board Assigned at the February 13, 2024 CRA Monthly Board Meeting B.Reports on Pending Assignments 14.Old Business A.Continued Discussion and Consideration of the Purchase of 1017 North Railroad Avenue B.Update on Negotiations with Maple Tree Investments in Response to the Second RFP/RFQ for the USPS Project on the CRA-owned Property located at 401-411 E. Boynton Beach Boulevard C.Discussion and Consideration of the Standard Form Agreement for Property Appraisal Services per the Request for Proposals D.Continued Consideration of Candidates for Selection of New Executive Director 15.New Business A.Discussion and Consideration of Tax Increment Revenue Request from BB North LLC for The Villages located at 405 E. Ocean Avenue The public comment section of the meeting is for public comment on items on the consent agenda or items that are not on the agenda. For items on the agenda, the public will be given an opportunity to comment at the time each item is considered. Each speaker will be given a total of three (3) minutes to comment; however the Board retains the right to reduce the number of minutes prior to the start of public comment. Persons making public comment may not assign or donate their public comment time to another individual to allow that other individual additional time to comment; however, any persons requiring assistance will be accommodated as required by the Americans with Disabilities Act. Prior to addressing the Board, please go to the podium or unmute your device when prompted, and state your name and address for the record. 2 B.Consideration and Discussion of Fiscal Year 2024-2025 Project Fund Budget C.Discussion and Consideration of Temporary Use Agreement with OHLA USA, Inc. for the Use of CRA Properties as a Construction Staging Area for the Boynton Beach Complete Street Project D.Discussion and Consideration of Purchase and Sale Agreement for 413 W. Boynton Beach Boulevard E.Discussion and Consideration of the Purchase of the Property Located at 1017 N. Federal Highway F.Discussion and Consideration of CRA Board Travel to the 2024 International Economic Development Council's (IEDC) Annual Conference G.Discussion and Consideration of Purchase of 507 NW 12th Avenue - ADDED 07/09/2024 16.CRA Projects in Progress A.Rock the Plaza at Ocean Plaza Recap B.Rock the Marina & Marina Month Recap C.Rock the Plaza at One Boynton Recap D.Social Media & Print Marketing Update E.CRA Economic & Business Development Grant Program Update F.MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update - July 2024 17.Future Agenda Items A.Circuit Transit Inc. for the BBCRA Pilot Ride Share Program Program 1st Report for FY 2023-2024 (April 2024 - June 2024) - August 2024 B.Presentation on Extension of the Boynton Harbor Marina Fuel Dock Hours and the Costs Associated with Management of the Extended Time - August 2024 C.Discussion and Consideration of the Third Amendment to the Interlocal Agreement between the City and CRA for the Historic Woman's Club of Boynton Beach located at 1010 S. Federal Highway - August 2024 18.Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256, AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRA'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRA'S 3 WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. 4 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 INFORMATION ONLY AGENDA ITEM 8.A SUBJECT: BB QOZ, LLC's 2024 Annual Progress Report and 2nd Quarterly Report for the 115 N. Federal Highway Mixed Use Project (aka The Pierce) SUMMARY: On J une 7, 2022, the CRA Board approved a Purchase and Development Agreement (PDA), the Tax Increment Revenue Funding Agreement (TIRFA), and the Parking Lease Agreement with BB QOZ, LLC (aka Affiliated Development, LLC) for the 115 N. Federal Highway Mixed Use Project (aka The Pierce, see Attachments I-III). Paragraph 21.9 of the PDA requires an annual report and presentation beginning one year after the July 8, 2022 Effective Date. Written reports are provided every three months by BB QOZ, LLC. Such presentation and reports are to include: photographs and an update on the progress of obtaining Land Use Approvals, status of construction, compliance with any deadlines, terms, and provisions of the PDA, and such other information reasonably requested by the CRA to determine compliance with the PDA. Additionally, Paragraph 3.2.4 of the TIRFA requires an update of the project's financing. To date, BB QOZ, LLC has submitted two annual reports: July 21, 2023 - Attachment IV May 10, 2024 - Attachment V The current Annual Report (dated May 10, 2024) states that the litigation challenging the abandonments (which include a portion of the north alley, the entire south alley, and NE 1st Ave, see Attachments VI-VII) necessary for the Project remains ongoing. As a result, BB QOZ, LLC's building permit plans have been on hold since an unfavorable ruling may require a major redesign. To date, there has been no ruling on the litigation. In accordance with the First Amendment to the PDA (see Attachment VIII), if a Final Judgement in the lawsuit is not rendered in one year from the date of the First Amendment (September 12, 2024), BB QOZ, LLC will appear before the CRA Board within 425 days of the First Amendment (November 11, 2024) to determine a revised deadline to submit construction documents and all necessary applications to the City in order to obtain the building permits for the project. BB QOZ, LLC has also provided its 2024 2nd Quarterly Report (see Attachment IX dated May 10, 2024) as required by the PDA. 5 •Attachment I - Executed 115 N. Federal Highway Mixed Use Project (aka The Pierce) Purchase and Development Agreement •Attachment II - Executed 115 N. Federal Highway Mixed Use Project (aka The Pierce) TIRFA •Attachment III - Executed 115 N. Federal Highway (aka The Pierce) Parking Lease Agreement •Attachment IV - The Pierce July 2023 Annual Performance Report •Attachment V - The Pierce May 2024 Annual Performance Report •Attachment VI - Case Number 502023CA009318XXXXMB (209 N. Federal, LLC vs. City of Boynton Beach) 209vsCBB •Attachment VII - Case Number 502023CA010518XXXXMB (BBQOZ, LLC vs. 209 N. Federal, LLC) •Attachment VIII - First Amendment to Purchase and Development Agreement •Attachment IX - The Pierce 2nd Quarter Report - May 2024 •Attachment X - 2024.06.26 - The Pierce CRA Board Presentation. A BB QOZ, LLC representative will be presenting the reports to the CRA Board on July 9, 2024, and will be available to answer questions the Board may have (see Attachment X). CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required unless otherwise determined by the Board. ATTACHMENTS: Description 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Mark 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 Mark 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 Mark 164 165 166 167 168 169 613 NW 3rd Avenue, Suite 104 • Fort Lauderdale, FL 33311 • 954-953-6733 368447v2 July 21, 2023 Ms Thuy Shutt, AIA, Executive Director Boynton Beach Community Redevelopment Agency 100 E Ocean Avenue, 4th Floor Boynton Beach, FL 33435 Re: The Pierce Annual Performance Report Dear Thuy: Per the requirements of the Purchase & Sale Agreement (PDA) and Tax Increment Revenue Funding Agreement (TIRFA) with The Boynton Beach Community Redevelopment Agency (CRA), please find below updates related to our Annual Performance on The Pierce. All contractual obligations have been satisfied, please see below table for a list of our Development Deadlines along with their completion dates as outlined in our PDA and TIRFA. To date, we’ve timely submitted 4 quarterly reports to the CRA since our agreements’ effective date (July 8, 2022). The last quarterly report was submitted to the CRA on June 6th 2023. The next quarterly reports for this year are due on September 8 and December 8 respectively. At this time, our Major Master Plan and Site Plan applications have been unanimously approved by the P&D Board and following 2 readings with the City Commission, we obtained the final approval on March 9th 2023. An entity related to F. Davis Camalier (FDC Associates, LLC), through his property entity 209 N Federal, LLC, filed a Petition for Writ of Certiorari against the City to challenge the abandonments necessary for the Project to go forward as designed and approved. The City filed its response on April 7, 2023. The panel that will determine the outcome of this challenge will likely not review and render a ruling until the end of the year. While we have final approval from the City, the challenge by Camalier prevents the developer from furthering design and submitting for permit. The abandonment of NE 1 st Ave is integral to the overall site plan design. An unfavorable court ruling (preventing or reversing the abandonment of NE 1st Ave) would constitute a major redesign and if we kept moving forward could cause us to incur hundreds of thousands of dollars in sunk cost. It would be irresponsibl e for us to devote the resources necessary (and it would waste the City’s time and resources) to further construction documents and submit for permit until such time that the panel renders a decision on the matter. 170 171 613 NW 3rd Avenue, Suite 104 • Fort Lauderdale, FL 33311 • 954-953-6733 368447v2 The Pierce Property Tax Payment Receipt Taxes have been fully paid on the Ocean Food Mart. 172 173 174 613 NW 3rd Avenue, Suite 104 • Fort Lauderdale, FL 33311 • 954-953-6733 368447v2 The Pierce Lease-Up No lease up activities have started 175 613 NW 3rd Avenue, Suite 104 • Fort Lauderdale, FL 33311 • 954-953-6733 368447v2 The Pierce Photos No construction activities have started on site. The project is still going through the entitlement process and construction building permits have not been obtained. 176 177 178 179 180 181 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 23-______ 209 N. FEDERAL, LLC, a Florida limited liability corporation, Petitioner, vs. THE CITY OF BOYNTON BEACH, a unit of the local government in Palm Beach County, Florida, and political subdivision of the state of Florida, Respondent. __________________________________________________________________ PETITION FOR WRIT OF CERTIORARI __________________________________________________________________ Petition for Review of Boynton Beach City Commission Ordinance __________________________________________________________________ Beth-Ann E. Krimsky, Esq. (FBN 968412) Aaron Williams, Esq. (FBN 99224) GREENSPOON MARDER LLP 200 E. Broward Boulevard, Suite 1800 Fort Lauderdale, Florida 33301 Direct Dial: 954-527-2427 Facsimile: 954-333-4027 Beth-ann.krimsky@gmlaw.com Aaron.williams@gmlaw.com Attorneys for Petitioner Filing # 170590020 E-Filed 04/07/2023 09:07:28 PM FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 04/07/2023 09:07:28 PM **** CASE NUMBER: 502023CA009318XXXXMB Div: AY **** NOT A CERTIFIED COPY182 -i- TABLE OF CONTENTS Page TABLE OF CONTENTS ............................................................................................ i TABLE OF AUTHORITIES .................................................................................... ii PREFACE ................................................................................................................. iv I. INTRODUCTION ............................................................................................. 1 II. STATEMENT OF THE CASE AND FACTS .................................................. 2 III. BASIS FOR INVOKING JURISDICTION AND STANDARD OF REVIEW .......................................................................................................... 13 IV. NATURE OF RELIEF SOUGHT ................................................................... 16 V. ARGUMENT ................................................................................................... 16 A. THE COMMISSION FAILED TO COMPLY WITH THE ESSENTIAL REQUIREMENTS OF THE LAW WHEN IT APPROVED THE APPLICANT’S APPLICATION. ........................16 B. THE CITY COMMISSION FAILED TO MAKE OR RECORD ANY FINDINGS IN VIOLATION OF THE ESSENTIAL REQUIREMENTS OF THE LAW, ALSO EVIDENCING THE FAILURE TO APPLY ESTABLISHED CRITERIA. ..........................................................................................20 C. THE DECISION OF THE CITY COMMISSION IS NOT SUPPORTED BY SUBSTANTIAL COMPETENT EVIDENCE. ........................................................................................22 VI. CONCLUSION ................................................................................................ 24 CERTIFICATE OF SERVICE ................................................................................ 25 CERTIFICATE OF COMPLIANCE ....................................................................... 26 NOT A CERTIFIED COPY183 -ii- TABLE OF AUTHORITIES Page(s) Cases Alvey v. City of North Miami Beach, 206 So. 3d 67 (Fla. 3d DCA 2016) ............................................................... 18, 19 Brevard Cty. v. Snyder, 627 So. 2d 469 (Fla. 1993) ...................................................................................14 City of Apopka v. Orange Cty., 299 So. 2d 657 (Fla. 4th DCA 1974) ...................................................................21 City of Jacksonville v. Taylor, 721 So. 2d 1212 (Fla. 1st DCA 1998) .................................................................19 De Groot v. Sheffield, 95 So. 2d 912 (Fla. 1957) .....................................................................................15 England v. Louisiana State Board of Medical Examiners, 375 U.S. 411 (1964) .............................................................................................13 Fields v. Sarasota Manatee Airport Authority, 953 F.2d 1299 (11th Cir. 1992) ...........................................................................13 Geico Cas. Ins. Co. v. Dupotey, 826 So. 2d 380 (Fla. 3d DCA 2002) ............................................................. 11, 12 Gentry v. Dep’t of Prof’l & Occupational Regulations, Sta te Bd. of Med. Exam’rs, 283 So. 2d 386 (Fla. 1st DCA 1973) ...................................................................21 Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523 (Fla. 1995) ...................................................................................18 Hayes v. Monroe Cty., 337 So. 3d 442 (Fla. 3d DCA 2022) ....................................................................21 Hillsborough Cty. Bd. of Cty. Comm’rs v. Longo, 505 So. 2d 470 (Fla. 2d DCA 1987) ....................................................................23 NOT A CERTIFIED COPY184 -iii- Irvine v. Duval Cty. Planning Comm’n, 466 So. 2d 357 (Fla. 1st DCA 1985) ................................................ 15, 20, 21, 22 Ivey v. Allstate Ins. Co., 774 So. 2d (Fla. 2000) .........................................................................................18 Parker Family Trust I v. City of Jacksonville, 804 So. 2d 493 (Fla. 1st DCA 2001) ...................................................................14 Planning Com’n of City of Jacksonville v. Brooks, 579 So. 2d 270 (Fla. 1st DCA 1991) ............................................................ 21, 22 Promenade D’Iberville, LLC v. Sundy, 145 So. 3d 980 (Fla. 1st DCA 2014) ............................................................ 1, 3, 5 Wolk v. Bd. of Cty. Comm’rs of Seminole Cty., 117 So. 3d 1219 (Fla. 5th DCA 2013) .................................................................19 Statutes Article V, § 5(b), of the Florida Constitution ..........................................................14 Rules Florida Rule of Appellate Procedure 9.030(c)(2) ....................................................14 NOT A CERTIFIED COPY185 -iv- PREFACE This Petition for Writ of Certiorari (“Petition”) seeks review o f an ordinance approving of three road abandonment applications by the Cit y of Boynton Beach. Petitioner is 209 N. Federal, LLC and is referred herein as “2 09.” Respondent is the City of Boynton Beach and will be referred throughout the Pet ition as the “City.” Citations to the Appendix to Petition for Writ of Certiorari , filed contemporaneously with this Petition are abbreviated as “A:” NOT A CERTIFIED COPY186 53911086v8 I. INTRODUCTION1 209 owns the real property located at 209 North Federal Hi ghway in the City of Boynton Beach (the “209 Property”) and currently leases it to The Boardwalk Italian Ice and Creamery, LLC. The Pierce, a multimillion-do llar development project comprised of several different parcels in downtown Boynton Beach, has received a blanket City staff recommendation of approval for 3 applications of abandonment of roads located near the parcels. 209 is near or adjacent to each of the roads to be abandoned. Abandonment of roads is governed b y Section Boynton Beach, Part III Land Development Regulations (“LDR”), Chapter 2, Article II, Planning and Zoning Division Services, Section 2.G.3. 1 On March 15, 2023, Petitioner sent correspondence to the City seeking the record related to this Application. Despite Petitioner c ontinually following up, Petitioner received links to those records just three hours before the close of the business day on the date of filing the Petition. (A:1 712; A:1713-16). The City’s delay in meeting its obligations to make the records avail able to Petitioner is wholly unjustifiable. See Promenade D’Iberville, LLC v. Sundy, 145 So. 3d 980, 983 (Fla. 1st DCA 2014); see id . (“Florida law doesn’t allow public records custodians to play favorites on the basis of who is requ esting records”; awarding fees and costs for unlawful refusal to provide public recor ds). Indeed, the gamesmanship engaged by the City is unacceptable and runs afoul of Petitioner’s due process and the traditional notion of fair play. See A:1679-80 (commissioner accusing Petitioner of unspecified, nefarious conduct and remarki ng he does not appreciate Petitioner’s opposition to the road abandonment s). In any event, while Petitioner does have some materials, and those are cited here, it was lacking a complete record until the City belatedly produced it. Pet itioner will amend its Petition and contemporaneously filed appendix as soon as it has a meaningful opportunity to review the materials sent by the City. NOT A CERTIFIED COPY187 2 53911086v8 Road abandonment was not part of The Pierce’s original plans submitted to the City. 209 opposed the road abandonment applicatio ns immediately at each stage of approval, pointing out that any approval would sev erely and detrimentally affect access to the 209 Property. The LDRs require the City to c onsider and determine whether abandonment would result in “a permanent stoppage, int erruption, or an unacceptable level of service for the subject lot or on neighbo ring lots, subdivisions, or developments with respect to police, fire, or other emerg ency services; or solid waste removal.” (LDR, Section 2.G.3.a.). Specifically, the City’s approval of any road abandonment must consider if such approval would restri ct emergency vehicle access to the 209 Property should an emergency arise and there mus t be competent substantial evidence presented to support an express fact ual finding on this necessary factor. The evidence presented during the quasi-judicial he arings on the proposed ordinance approving the abandonment applications provided no such competent substantial evidence to support the approval of any aban donment. Despite this, the City nevertheless passed an ordinance approving the appl ications for road abandonment. In the absence of such evidence, the ordinance simply cannot stand. II. STATEMENT OF THE CASE AND FACTS The Pierce is a $73 million mixed-use development project designed to include a complex of apartments, restaurants, and retail sto res in downtown Boynton Beach. (A:523, 525, 621-23, 1611). The Project is comprised of several different NOT A CERTIFIED COPY188 3 53911086v8 parcels of real property located from East Boynton Beach Bl vd to East Ocean Ave. along Federal Highway. (A:891; see A:525). BB QOZ, LLC (“Applicant”) is the applicant behind the Pierce and the abandonment at issue. (A:715). The record demonstrates that t he City viewed the Pierce as a development project “especially needed.” (A:524-2 5). The Applicant ultimately received City approval to proceed with the Pro ject with little, if any, real opposition from the City Commission. (A:1158). The original plans for the Project did not contemplate any road abandonment for any of the aforeme ntioned parcels. (A:1628-29). Site plans instead depict a bridge over NE 1st A venue. (Id.). In 2022, the Applicant applied for 3 road abandonments i n the immediate vicinity of the 209 Property. (A:1607-10). The road abando nments sought the vacation of a portion of an alleyway (the “North Alley”), a portion of NE 1st Avenue (“right-of-way”), and the full length of another alleyway (the “South Alley”) (together with the North Alley, the “alleys”). (E.g., A:1398). The North Alley forms the north boundary of the 209 Pro perty. Northeast 1st Avenue forms the southern boundary of the 209 Property an d contains the main driveway into the 209 Property. The abandonment area turns both of these into dead ends terminating at the west edge of the 209 Property and open only to Federal Highway southbound, such that drivers exiting the 209 Prop erty will no longer be NOT A CERTIFIED COPY189 4 53911086v8 able to turn west onto Northeast 1st Avenue or the North Alley, and there will be no eastbound traffic at all. The impacted areas are illust rated below: NOT A CERTIFIED COPY190 5 53911086v8 (E.g., A:705). An application for vacation and abandonment approval requi res review and approval by the City Commission. LDR 2.G.4. To justify t he issuance of an ordinance vacating a road, an application must meet criter ia set forth in LDR 2.G.3(a)-(d), which address issues regarding access, utiliti es, drainage and wastewater management, and conservation. To justify its A pplication, the Applicant simply asserted, in summary fashion, that abandonment met the review criteria set forth in Section 2.G.3 of the LDR. (A:715-18; A:1670-73). N o evidence or substantive analysis was offered. The City readily accepted the Applicant’s conclusory reci tation of the four criteria as satisfaction of the criteria without conductin g its own independent analysis or determining if there was evidentiary for each of the factors. Specifically, in January 2023, City staff supposedly reviewed the App lication and determined that granting it “would not adversely impact traffic,” other City functions, or adjacent property owners. (A:704). City staff determined further that th e right-of-way and alleys “no longer serve a public purpose other than retent ion of necessary utility assessments” and, therefore, recommended approval of the Applic ation. (Id.). While it is clear from the Staff Report the City consulted with publ ic utility companies and city departments addressing engineering, public works/u tilities, and planning and zoning, there is no indication local government departments , such as police and fire, NOT A CERTIFIED COPY191 6 53911086v8 assessed or otherwise opined on any implications arising fr om road abandonments to 209 or any of the adjacent properties. The City Staff Report is devoid of any evidence addressing whether or not the abandonment would c ause or result in a permanent stoppage, interruption, or an unacceptable level o f service with respect to police, fire, or other emergency services. (A:615-804). Upon learning about the Application, 209 immediately lodged its opposition and requested a denial of the Application. (A:891-93). As Pe titioner explained to the City, the Application fails to satisfy one of the four crit eria, namely, access. The LDR raises these questions when assessing the access factor: Does the subject land provide a legal means of access to a l ot of record, subdivision, or development? Would the vacation and aband onment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the subject lot or on neighboring lots, subdivisions, or developments with respect to police, fire , or other emergency services; or solid waste removal? LDR 2.G.3.a.; A:891-93. In a letter dated February 21, 2023, ahead of the hearing, 209 pointed out that granting the Application would not only increase traffic but also impair ingress and egress to the 209 Property, thereby creating public safety issues and grossly limiting the accessibility to the property b y customers as well as first responders should emergency services be required. (A:891-9 3). This is illustrated simply by looking at the aerial ph otograph. Federal Highway at Northeast 1st Avenue has no median cut or tra ffic signal. Currently, NOT A CERTIFIED COPY192 7 53911086v8 northbound drivers on Federal Highway can easily access t he 209 Property by turning left (west) at the signal at East Ocean Avenue a nd going one block to Northeast 4th Street and turning right, then east on Northeast 1st Avenue to the 209 Property. Similarly, leaving the 209 Property to drive north o n Federal Highway simply requires turning right onto Northeast 1st Avenu e, heading west, going north on Northeast 4th Street to East Boynton Beach Boulevard, going east, then turning left (north) at the signal for Federal Highway. After the abandonment, this traffic pattern will be complet ely disrupted. Northbound drivers on Federal Highway seeking to enter the 209 Property will be forced to make a U turn at East Boynton Beach Boulevard, then turn into what would be a dead-end street. Similarly, drivers leavin g the 209 Property to go north will be forced to make a U turn at East Ocean Aven ue Federal Highway is only two lanes wide at these points, so clearance for this dangerou s maneuver would be difficult, especially for larger vehicles or elderly driver s. The potential for traffic conflict and accidents is significantly heightened, and eas e of access to the 209 Property is greatly diminished. (A:1630-36, 1685-88). The first of two quasi-judicial hearings on the proposed ord inance granting the Application was held February 21, 2023. At the hearin g, the City read the proposed ordinance. (A:1154-55). The Applicant recognized its obligation “to obtain the written consent of the nearby property owner” impacted by road abandonments NOT A CERTIFIED COPY193 8 53911086v8 (A:1178), but nevertheless advocated against the necessity of that obligation and for road abandonment because “certain right of ways . . . are certainly underutilized.” (A:1165-66). The City staff, in response, pointed out that it “typically ask[s] for consent of the neighboring parcels,” though it felt “comfo rtable” requiring the Applicant merely to “work with the neighbors” on any abando nment issues. (A:1180-81). At least two members of the public and one City commissi oner expressed concern over abandonment, including the potential impairmen t of the provision of critical City services such as trash collection. (E.g., A:1193; A:1154-84). For its part, 209 pointed out that the Applicant had not directly re ached out to it to address the Project or the abandonments. (A:1204-05). In the little time it had to present its concerns at the hearing, 209 pointed out that abandonment would limit access to its property and 209 urged the City to require the Applicant to cooperate with 209 and address 209’s concerns. (A:1205-07). City staff opined that if abandonment is not approved for ju st one of the roads, “considerable redesign of the project” would need to foll ow (even though abandonment was not part of the original Plan). (A:1217). The Applicant opposed a re-design because doing so would “become[] very hard with all the code requirements that we have.” (A:1221-23). The City Mayor recogniz ed the Applicant re-designed the Project “way too many times” and affirmed: “W e are not starting NOT A CERTIFIED COPY194 9 53911086v8 from scratch at the last hour.” (A:1231). Following this aff irmation, the City Mayor sought a motion to grant first reading approval to the p roposed ordinance, with the condition that the Applicant “work[] with the adjacent pro perty owners for the abandonment request.” (A:1233-34). The motion passed unanimously. (A:1234). There is no record evidence the Applicant ever “worked with [209 on] the abandonment request.”2 At no point during the 2/21 hearing was there any com petent substantial evidence presented by the City or Applicant add ressing whether or not police, fire or emergency services would be impacted by the a bandonment request. On March 9, 2023, 209 submitted a second letter reiteratin g its concerns in great detail. (A:1591-92). At the second quasi-judicial hearin g held later that day, the Applicant sought final approval of its Application. (A:1603-1702). Prior to this hearing, City staff had already recommended approval despit e the fact that it still had not heard from the City traffic engineer on road abandonmen t nor received input from police, fire, or other emergency services to address the im plications arising from road abandonments. (A:1409). 2 This comes as no real surprise. A property owner nearby commended the City for requiring the Applicant to contact that owner regarding its concerns “[b]ecause prior to that, we were not contacted at all.” (A:1207). That is in line with 209’s own experience. The property owner urged the Cit y not to remove the condition that the Applicant continue to cooperate wit h that property owner for fear that the Applicant would stop cooperating. (A:1207-0 8). NOT A CERTIFIED COPY195 10 53911086v8 During the hearing, 209 presented testimony from a traffic engineer, Joaquin Vargas, to address road abandonment—the only witness who presented on the subject matter. The expert testified: (i) road abandonments are u ncommon but when the issue arises, detailed traffic studies are usually perf ormed; (ii) a traffic study had not been undertaken for NE 1st Avenue in connection with the Project; (iii) a road abandonment of NE 1st Avenue nevertheless “would cause so me traffic concerns for the area,” including exacerbating traffic backup in multi ple locations and limiting road access; (iv) a road abandonment would result in a “sig nificant impact to [209’s] parcel from an access point of view to get to the parcel and also to leave from the parcel”; and (v) increase in traffic will cause safety concer ns and safety hazards. (A:1629-36, 1685-88). 209 also cross-examined City staff, which put together the re commendation of approval of the Application despite the absence of any analysis on the impact abandonment has on public safety as required by the LDR. (A:16 36-38). Based on the evidence presented at the hearing, 209 argued that abandoning the roads would create traffic and safety issues. (A:1638-41). 209 also po inted out there was no record evidence reflecting the assurance of the provision o f local governmental services, such as fire and police, to properties near the al leys and right-of-way after abandonment. (A:1640-41, 1688-89). Moreover, in the absence of an analysis on public safety or the undertaking of any traffic study assessin g the effect of a road NOT A CERTIFIED COPY196 11 53911086v8 abandonment on properties near the right-of-way and alleys, th e Applicant failed to satisfy its burden to meet the criteria in the LRD regulation s and failed to present competent substantial evidence to support its Application. (A:1640-41, 1688-89). In addition to 209’s opposition, members of the public and local businesspersons operating near the North Alley and elsewhere , sought a delay of, or otherwise opposed, the City’s approval of the Application because of the limited road access and adverse economic impact an abandonment wou ld create to local businesses. (A:1641-45). The Applicant itself recognized r oad access issues, testified it was a complicated issue that warranted a “much greater discussion” in the future, and recognized there was no immediate solution in p lace and that more time would be needed to find one. (A:1648-49). When pressed by some City commissioners, the Applicant ultimately agreed to enter i nto an access agreement with just one businessowner (A:1661), and with that, the Ci ty pressed on as it clearly intended from the outset.3 3 An agreement to agree is tantamount to no agreement at all, e.g., Geico Cas. Ins. Co. v. Dupotey , 826 So. 2d 380, 382 (Fla. 3d DCA 2002) (statements of futu re intentions do not give rise to an enforceable contract), a nd one access agreement with one businessowner does not address concerns raised by 209 and others. The Applicant endeavored to shift the blame to 209 for not re aching out to it previously about 209’s concerns. (A:1689-90). But the Cit y placed the onus on the Applicant, not on 209, to “work[] with the adjacent property owners for the abandonment request.” (A:1233-34). And, despite the City’s d irective to do so, there is no evidence the Applicant did that following the first readi ng of the proposed ordinance and before the City’s final approval of the Application. NOT A CERTIFIED COPY197 12 53911086v8 The City examined City staff, who testified that a traffic study was submitted along with the Master Plan and site plan and that police a nd fire departments reviewed these plans. (A:1645-46). However, that Master Plan was unconcerned about adjacent properties, such as 209 and there was no record evidence included with the City’s Staff Report that addressed whether the aban donment would cause or result in a permanent stoppage, interruption, or an unacceptable level of service with respect to police, fire, or other emergency services. (A:16 84-89). The record available to 209 reflects that local government units on ly reviewed the Project in master plan format, and not the abandonments. (Id.; A:1006-09). The City Staff Report addressing the master plan reflects: (A:1009). There is no indication the local government units providing critical services to the 209 Property and the area impacted by the Project reviewed anything other than the site plan, and certainly no evidence that they reviewed and commented on the abandonment. Despite various suggestions to table the abandonment App lication pending further review and despite 209 illustrating the absence of competent substantial evidence to support the grant of the Application, the City approved the Application NOT A CERTIFIED COPY198 13 53911086v8 at the conclusion of the hearing, without competent subs tantial evidence to support this approval. (A:1697-99).4 Following the hearing on March 9, the City issued Ordina nce No. 23-006 (“Ordinance”). (A:1704-11). The Ordinance provides City staff had determined the requested road abandonment would not adversely impact traffic, other City functions, or adjacent property owners and that the right-of-way no longer served a public purpose other than retention of a utility easement . (A:1704). Based on these staff determinations, the City Commission formally abandoned the North and South Alleys as well as the right-of-way on NE 1st Avenue. T he Ordinance took immediate effect on March 13, 2023, upon its passage. This Petitio n follows, seeking review of the Ordinance. 209 reserves the right to file suit in state or federal co urt to pursue all equitable statutory and legal remedies afforded it under the law. See England v. Louisiana State Board of Medical Examiners , 375 U.S. 411, 420-422 (1964), and Fields v. Sarasota Manatee Airport Authority , 953 F.2d 1299 (11th Cir. 1992). III. BASIS FOR INVOKING JURISDICTION AND STANDARD OF REVIEW This Petition arises from the City Commission’s improper ap proval of the Applicant’s Application. The Applicant’s Application is required to meet all of the 4 As one public commentator astutely noted: “it seems lik e you know, the commission and the [C]ity, you kinda do – do what you wa nna do.” (A:1215). NOT A CERTIFIED COPY199 14 53911086v8 applicable requirements of the City’s Code. It does not. Following quasi-judicial hearings held by the City Commission in relation to the Application, the City Commission approved the Application even though it is unc ontroverted that the Application failed to satisfy all of the criteria set fo rth in the Code and, in fact, was completely lacking in competent substantial evidence to satisfy the essential criteria. Indeed, the City’s staff report failed even to men tion all of the Code provisions that must be satisfied in order to approve an ab andonment. Additionally, it is evident based on the discussion had by the Cit y Commission at the public meetings held on February 21 and March 9, 2023, that th is Project was something desired by the City, and no matter whether there was com petent substantial evidence to support it or not, the City was going to app rove the abandonment. The City improperly disregarded the Code to achieve a pre-determine d result, in a stark departure from the essential requirements of the law. The jurisdiction of this Court is therefore invoked pursu ant to Article V, § 5(b), of the Florida Constitution and Florida Rule of Appellat e Procedure 9.030(c)(2). Certiorari lies to review the exercise of quasi-ju dicial power exercised by a city commission. See, e.g., Brevard Cty. v. Snyder , 627 So. 2d 469, 476 (Fla. 1993). Proceedings conducted by a city council, which proce edings address rezoning applications, are quasi-judicial in nature. Parker Family Trust I v. City of Jacksonville , 804 So. 2d 493 (Fla. 1st DCA 2001). NOT A CERTIFIED COPY200 15 53911086v8 To sustain the decision, the City must establish that i ts decision was supported by substantial competent evidence, that the decision accor ds with the essential requirements of law, and that the City Commission provided for due process in relation to the quasi-judicial hearings. Irvine v. Duval Cty. Planning Comm’n, 466 So. 2d 357, 362 (Fla. 1st DCA 1985), dissent approved by Irvine v. Duval Cty. Planning Comm’n , 495 So. 2d 167 (Fla. 1986). Substantial competent evidence in the context of certiorari proceedings has been defined as: . . . such evidence as will establish a substantial basis of fact from which the fact at issue can be reasonably inferred. We have stated it to be such relevant evidence as a reasonable mind would accept as adequate to support a conclusion. In employing the adjective “competent” to modify the word “substantial,” we are aware of the familiar rule that in administrative proceedings the formalities in the introduction of testimony common to the courts of justice are not strictly employed. We are of the view, however, that the evidence relied upon to sustain the ultimate finding should be sufficiently relevant and material that a reasonable mind would accept it as adequate to support the conclusion reached. To this extent the “substantial” evidence should also be “competent.” De Groot v. Sheffield, 95 So. 2d 912, 916 (Fla. 1957) (citations omitted). Here, the only evidence in the record confirmed the Applicati on failed to satisfy all of the applicable criteria set forth in the City’s own code when considering an abandonment. There being no substantial competent evi dence in the record to NOT A CERTIFIED COPY201 16 53911086v8 support its decision under the application of the correct law, or findings made by the City Commission, approval of the Application was incorre ct and should be quashed. IV. NATURE OF RELIEF SOUGHT Petitioner seeks issuance of a Writ of Certiorari, quashing the City’s March 9, 2023 Ordinance approving the Applicant’s Application beca use there is no substantial competent evidence to support the City’s deci sion and the decision departs from the essential requirements of the law. V. ARGUMENT A. THE COMMISSION FAILED TO COMPLY WITH THE ESSENTIAL REQUIREMENTS OF THE LAW WHEN IT APPROVED THE APPLICANT’S APPLICATION. i. The Failure of the City to Render a Decision Based on Established Criteria Constitutes a Departure from the Essential Requirements of the Law. The abandonment criteria as established in the City code is as follows in pertinent part: Vacation and Abandonment. 1. General. The purpose of this subsection is to establish uniform procedures for the vacation and abandonment of city rights-of-way (e.g. street, alley, etc.), special purpose e asements, and other non-fee interests of the city. When approved for vacation and abandonment, the city relinquishes its int erest in the above, based in part, on the finding that the subje ct right-of- way no longer serves a public purpose. For the purposes of this subsection, a “site plan” shall be construed to include either a new site plan or a major site plan modification. 2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this application. NOT A CERTIFIED COPY202 17 53911086v8 3. Review Criteria. The vacation and abandonment of a right-of-way, special purpose easement, or other non-fee interest of the city shall be based on a demonstration that the above interest no longer serves a public purpose and there is no encumbrance which would prohibit the clear transfer of ownership of such land. The following review criteria shall be used to justify an application: a. Access. Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation and abandonment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the sub ject lot or on neighboring lots, subdivisions, or developments with respect to police, fire, or other emergency services; or solid waste removal? b. Utilities. Does the subject land contain, support, or allow potable water, sanitary sewer, or any other utility (e.g. cable, telephone, electricity, gas, etc.), which would be permanently stopped or interrupted, or cause an unacceptable level of servi ce to the subject lot or neighboring lots, subdivisions , or developments? c. Drainage and Wastewater Management. Does the subject land contain, support, or allow a legal means of drainag e or wastewater management for such lot or on neighboring lots, subdivisions, or developments, which would cause or result in a stoppage, interruption, or unacceptable level of service? d. Conservation. Does the subject land contain, support, or allow the means for the conservation or preservation of fl ora or fauna? LDR Section 2.G.1-3. As detailed extensively above, the City Commission vot ed in favor of the Application despite the abandonment criteria, as specified in Section 2.G.3 of the City’s Land Development Regulations not being met. This is a departure from the essential requirements of the law. The City failed to even review and analyze the evidence, or lack thereof, in the record to act in their quasi -judicial capacity to NOT A CERTIFIED COPY203 18 53911086v8 enforce the applicable law, opting instead to favor thei r own feelings and opinions as to a desired result. See Alvey v. City of North Miami Beach , 206 So. 3d 67 (Fla. 3d DCA 2016) (granting rezoning based on perceived econom ic benefit to city and not based on enumerated criteria was a departure from essential requirements of the law). Under Florida law, a departure from the essential requirements of the law in this context means “an inherent illegality or irregularity, an abuse of judicial power, an act of judicial tyranny perpetrated with disregard of procedural requirements, resulting in a gross miscarriage of justice.” Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523, 527 (Fla. 1995) (internal citations omitte d). A departure from the essential requirements of the law is not merely a disagreement wi th the interpretation of applicable law but instead must include an applica tion of incorrect law or a miscarriage of justice. Ivey v. Allstate Ins. Co ., 774 So. 2d 67, 683 (Fla. 2000). Florida courts have consistently determined that a municipal ity departs from the essential requirements of the law by rendering decisio ns that are not based on the established criteria or factors. See Alvey v. City of N. Miami Beach, supra (quasi- judicial body must apply established criteria and not vote based on other factors) (granting rezoning based on perceived economic benefit to city and not based on enumerated criteria was a departure from essential requirements o f the law); Wolk v. Bd. of Cty. Comm’rs of Seminole Cty.,117 So. 3d 1219 (Fla. 5th DCA 2013) (holding NOT A CERTIFIED COPY204 19 53911086v8 that a miscarriage of justice results where wrong law is a pplied by a local governmental body); City of Jacksonville v. Taylor , 721 So. 2d 1212 (Fla. 1st DCA 1998) (granting a variance because of others previously given and not based on code’s criteria was improper). Alvey is most instructive here and frankly mirrors the decision made by the City Commission. There, the City of North Miami Beach approved a rezoning not based on the established criteria in the city’s code but instead because the city council believed that the rezoning and proposed project would economically benefit the city. Alvey , 206 So.3d at 72. The appellate court held that decision was a departure from the essential requirements of the law as the city council failed to apply the correct law in the city’s code for consideration of the zoning application there. Id . at 73. Simply put, if a municipality does not base its decisions on the application of the correct law or criteria, then the decisio n rendered is a departure from the essential requirements of the law. Id. Here, the decision made by the City is akin to the invali d decision rendered in Alvey . Specifically, Section 2.G.3(a) of the City’s Code addressin g the necessary criteria to be satisfied for abandonments provides as follows: a. Access. Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation of abandonment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the subject lot or on neighboring lots, subdivisions , or NOT A CERTIFIED COPY205 20 53911086v8 developments with respect to police, fire, or other emergency services; or solid waste removal? The City did not address this criterion. Instead, person al views and opinions permeated into the City Commission’s decision-making pro cess and impermissibly tainted their votes on this quasi-judicial decision. Th e decision made by the City Commission was not made through application of the correct law and thus this decision constitutes a departure from the essential requiremen ts of the law and must be quashed. B. THE CITY COMMISSION FAILED TO MAKE OR RECORD ANY FINDINGS IN VIOLATION OF THE ESSENTIAL REQUIREMENTS OF THE LAW, ALSO EVIDENCING THE FAILURE TO APPLY ESTABLISHED CRITERIA. In determining whether the essential requirements of law we re met upon a review of a quasi-judicial action, this Court must examine whether the City Commission made detailed findings of fact supporting the den ial of the Application. Irvine, 466 So. 2d at 365. “All administrative agency orders must contain detailed findings of fact that are legally sufficient to support the decision ordered.” Id. Furthermore, “[i]t has been repeatedly held by the courts of this state that in order to assure due process and equal protection of the laws, every fi nal order entered by an administrative agency in the exercise of its quasi-judicial fu nctions must contain specific findings of fact upon which its ultimate action is taken. An administrative order which fails to contain such findings is ineffectua l as a predicate of the order NOT A CERTIFIED COPY206 21 53911086v8 sought to be enforced.” Gentry v. Dep’t of Prof’l & Occupational Regulations, State Bd. of Med. Exam’rs, 283 So. 2d 386, 387 (Fla. 1st DCA 1973); see also Hayes v. Monroe Cty., 337 So. 3d 442, 445 (Fla. 3d DCA 2022). Findings that are merely general conclusions parroting the language of the statute or ordinance are insufficient as a matter of law because such conclusions provide no way for the appellate court to know on judici al review whether the conclusions have sufficient foundation in findings of fact. Irvine, 466 So. 2d at 366 (citing City of Apopka v. Orange Cty., 299 So. 2d 657 (Fla. 4th DCA 1974)). The failure to make specific findings constitutes a departur e from the essential requirements of the law in and of itself. Planning Com’n of City of Jacksonville v. Brooks, 579 So. 2d 270, 272 (Fla. 1st DCA 1991) (citing Irvine , 466 So. 2d at 366- 367). Most significantly, Florida law provides that rega rdless of which party bears the burden of proof, a city’s failure to make adequate finding s of fact constitutes a departure from the essential requirements of law. Irvine , 466 So. 2d at 366; see also Brooks, 579 So. 2d at 273-274 (finding no error in circuit co urt’s ruling that commission failed to present any record evidence in suppor t of its decision to deny application). While the City at the March 9, 2023 meeting attempted to ar gue in rebuttal that there was police and fire review of the Master Plan, t his Plan did not contemplate abandonment. (A:1646). The City Staff Report as it related to the Master Plan only NOT A CERTIFIED COPY207 22 53911086v8 addressed how fire and police approved of the impacts of th e Project with its then current or expected infrastructure and/or staffing levels an d ignored any impacts the abandonment may have as it pertains to neighboring lots . (A:759-63). Simply put, it’s apples and oranges. While the police, fire and emergency services may have provided review and input as to their services to the Projec t, the record is devoid of any evidence as to what the impacts may or may not be to neighb oring property and specifically 209 that will be losing significant access b ased on the abandonment. The complete lack of detailed findings requires this Court to find that the essential requirements of the law were not met. See Brooks , 579 So. 2d at 273; Irvine, 466 So. 2d at 366-367. C. THE DECISION OF THE CITY COMMISSION IS NOT SUPPORTED BY SUBSTANTIAL COMPETENT EVIDENCE. i. The Application is Not Justified as there is No Competent Substantial Evidence Supporting All of the Relevant Review Criteria for an Abandonment. The criteria set forth in LDR section 2.G.3(a) is determinative of why the Application should not have been granted in this case . It provides in relevant part as noted above: Access. Does the subject land provide a legal means of ac cess to a lot of record, subdivision, or development? Would the vac ation of abandonment cause or result in a permanent stoppage, interrupti on, or an unacceptable level of service for the subject lot or on n eighboring NOT A CERTIFIED COPY208 23 53911086v8 lots, subdivisions, or developments with respect to pol ice, fire, or other emergency services; or solid waste removal? The Staff Reports are the City’s only effort at entering substa ntial competent evidence into the record. (A:702-804, 1094-1110). Florida law recognizes that the staff reports prepared by the professional planning staffs are considered substantial competent evidence and satisfy the standard of evidence a governing body may rely on to support its decision. Hillsborough Cty. Bd. of Cty. Comm’rs v. Longo, 505 So. 2d 470 (Fla. 2d DCA 1987). Here, however, the Staff Reports are devo id of any evidence addressing whether vacation or abandonment may cause or result in a permanent stoppage, interruption, or an unacceptable lev el of service for the subject lot or on neighboring lots, subdivisions, or development s with respect to police, fire, or other emergency services. (A:702-804, 1094-1110). The Cit y certainly knows of its obligations to satisfy factors in the abandonment a nd obtained input from City Engineering, Public Works/Utilities, Planning and Zoning, and Public Utilities. (A:1107-1110). The Staff Report even addressed the traffic issues related to these abandonments but said nothing as to the determination need ed that the abandonment would not result in an interruption or unacceptable servi ce level of police, fire, or other emergency services for 209 or any other neighboring lots. (A:1085-1110, 1398-1423, 1646). While the City attempted to provide evidence in respons e to the arguments presented, it fell short. Indeed, while it provided te stimony asserting that there was NOT A CERTIFIED COPY209 24 53911086v8 review of the master plan, there was no testimony on any pol ice, fire, or other emergency services impacts on 209 or any neighboring prop erties as a result of the proposed abandonments. (A:1645-46, 1688-89). Additionall y, the Staff report considering the Master Plan provided no input as to the aban donments. (A:1003- 1010, 1468-75). This constitutes a total failure to provide any competent substantial evidence satisfying LDR section 2.G.3(a), which is necessary to appro ve the abandonment. This failure to have any evidence that supporting the s atisfaction of this LDR section must result in the denial of the Application. As the Application was approved without competent substantial evidence for a necessary element, the approval must be quashed. VI. CONCLUSION For the foregoing reasons, it is respectfully submitted th at this Court should quash the City Commission Ordinance approving the Appli cation, and for such other and further direct and relief as this Court may deem appropriate u nder the circumstances. Respectfully submitted, /s/ Beth-Ann E. Krimsky Beth-Ann E. Krimsky, Esq. Aaron Williams, Esq. GREENSPOON MARDER LLP 200 E. Broward Boulevard, Suite 1800 Ft. Lauderdale, Florida 33301 NOT A CERTIFIED COPY210 25 53911086v8 Telephone: 954.527.2427 beth-ann.krimsky@gmlaw.com aaron.williams@gmlaw.com Attorneys for Petitioner CERTIFICATE OF SERVICE I hereby certify that on this 7th day of April 2023, a copy of the foregoing Petition was filed via the Florida Court E-Filing Portal o n all counsel of record and by email on all parties listed on the Service List below. Service List: Michael D. Cirullo, Jr. Goren Cherof Doody & Ezrol P.A. 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone: 954-771-4500 Facsimile: 954-771-4923 mcirullo@gorencherof.com Attorney for Respondent NOT A CERTIFIED COPY211 26 53911086v8 CERTIFICATE OF COMPLIANCE Undersigned counsel certifies that TIMES NEW ROMAN, 14 pt., is used in this brief. By: /s/ Beth-Ann E. Krimsky Beth-Ann E. Krimsky, Esq. Florida Bar No. 968412 beth-ann.krimsky@gmlaw.com clemencia.corzo@gmlaw.com mor.avin@gmlaw.com Aaron T. Williams, Esq. Florida Bar No. 99224 aaron.williams@gmlaw.com aggie.mctier@gmlaw.com NOT A CERTIFIED COPY212 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: BB QOZ, LLC, a Florida limited liability company, Plaintiff, v. 209 N. FEDERAL, LLC, a foreign limited liability company, FDC ASSOCIATES, LLC, a Florida limited liability company, and F. DAVIS CAMALIER, Defendants. _____________________________________________/ COMPLAINT Plaintiff, BB QOZ, LLC, a Florida limited liability company, (“BB QOZ”), by and through its undersigned counsel, files this its Complaint against 209 N. FEDERAL LLC, a Florida limited liability company (“209 N. FEDERAL”), FDC ASSOCIATES, LLC (“FDC”), and F . DAVIS CAMALIER (“CAMALIER”), and in support thereof allege as follows: JURISDICTION, PARTIES AND VENUE 1. Plaintiff, BB QOZ, LLC, is a Florida Limited Liability Company, engaged in substantial and not isolated activity in Boynton Beach, Florida, maintains i ts principal place of business in Fort Lauderdale, Florida, and is operating, conducting, engaging in, or carryi ng on a business in Boynton Beach, Florida. 2. Defendant, 209 N. FEDERAL, LLC, is registered as a Foreign Limited Liability Company in the State of Florida, is engaged in substantial and not isolated a ctivity in Boynton Beach, Florida, maintains its principal place of business in Boynton Beach, Florida, and is Filing # 173704004 E-Filed 05/22/2023 03:46:48 PM FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 05/22/2023 03:46:48 PM **** CASE NUMBER: 502023CA010518XXXXMB Div: AE **** NOT A CERTIFIED COPY213 2 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com operating, conducting, engaging in, or carrying on a business and/or business venture in Miami, Florida. 3. Defendant, FDC ASSOCIATES, LLC, is a Florida Limited Liability Compa ny, engaged in substantial and not isolated activity in Boynton Beach, Florida, maintains it s principal place of business in Miami, Florida, and is operating, conducting, engaging in, or ca rrying on a business and/or business venture in Miami, Florida. 4. Defendant, F. DAVIS CAMALIER, is operating, conducting, engaging in, or carrying on a business in Boynton Beach, Florida and/or has an office or agency in this state. 5. The amount in controversy in this case exceeds $500,000.00, and the acts subject to this Verified Complaint occurred in Boynton Beach, Florida, and therefor e jurisdiction and venue are proper in Palm Beach County, Florida. 6. All conditions necessary to the bringing of this action have been performed, occurred, or have been waived. 7. Plaintiff has agreed to pay the undersigned law firm its reasonable attorney's fees and costs. GENERAL ALLEGATIONS 8. This is an action by BB QOZ to hold 209 N. FEDERAL, FDC, and CAMALIER accountable for their tortious interference, abuse of process and extorti onate behavior related to BB QOZ’s efforts to redevelop and revitalize a section of the City of Boynton Beach pursuant to the terms of its Purchase & Sale Agreement (“PSA”) with the Boynton Bea ch Community Redevelopment Agency (“BB CRA”). This is nothing but a shakedown effort by CA MALIER and his entities, 209 N. FEDERAL and FDC, to hold BB QOZ, the City of Boynton Beach, and its residents’ hostage in an effort to force an inflated purchase price f or his adjacent property or NOT A CERTIFIED COPY214 3 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com receive a portion of the deal/project to which he has no right. As a result of these extortiona te and tortious acts and abuse of process, BB QOZ’s ability to proceed with the rede velopment and revitalization of City of Boynton Beach has been jeopardized and BB QOZ has incurred substantial damages in excess of $500,000.00. The redevelopment and revitalization of the City of Boynton Beach 9. Pursuant to the Community Redevelopment Act of 1969, the BB CRA was established in 1982 by the City Commission to undertake activities and projects that would eradicate conditions of slum and blight in the Boynton Beach community. The ma in objective of the BB CRA was and is to spearhead new development and redevelopment e fforts that accomplish beneficial revitalization within its boundaries through planning, redevelopment, historic preservation, economic development and affordable housing so that the tax ba se can be protected and enhanced by these mutually supportive activities. 10. BB CRA is responsible for developing and implementing projects within the BB CRA area, which spans 1,650 acres within eastern Boynton Beach. Its mission is dedicated to serving the community and strives to create a more vibrant community. The BB CRA Plan guides the agency to strategically execute a variety of redevelopment projects and programs that encourage the revitalization of Boynton Beach. One of the redevelopment projects is The Pierce Project (the “Project”). 11. BB QOZ is a single purpose entity created by Affiliated Development, LLC (“Affiliated”). Affiliated is a national real estate investme nt and development company headquartered in Fort Lauderdale, Florida. Affiliated was formed with the goal of building mixed- use multifamily developments, like The Pierce, which target unmet dem and and underserved areas such as the BB CRA area. NOT A CERTIFIED COPY215 4 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 12. 209 N. FEDERAL owns real property located at 209 North Federal Hi ghway in the City of Boynton Beach, Florida (the “209 Property”) and currently leases it to The Boardwalk Italian Ice and Creamery, LLC (“Boardwalk Ice Cream”). 13. The Project is located at 115 N. Federal Highway in Downtown Boynton Be ach, including the associated parking lots located at 501 NE 1 st Avenue and NE 4th Street, which have long been recognized as important components in the future redevelopment of the core Boynton Beach area. The much needed and desired development to Boynton Beach will bring affordable housing to the area, restaurants, retail, office space, and public parking spaces. 14. As detailed below, this transformative Project for the citizens of Boynton Be ach is a mixed-use redevelopment Project that will include 300 mixed-income residential a partments, as well as approximately 17,000 square feet of restaurant, retail, and off ice space, and 150 public parking spaces. 15. The Project has consisted of nearly 3 years of work, including countless hour s spent meeting with residents, businesses and community stakeholders, as well as cit y staff, to bring about a Project that will be catalytic for east Boynton Beach - - The Pierce. This Project will cost $100 million dollars, generate $1.3 million in annual tax revenues, and create an economic impact north of $9 million per year to help support, attract and retain east Boynton Beach businesses. 16. Importantly, it will provide 150 much needed workforce housing units to provide Boynton Beach residents with a class A living experience at attainable rents, which will hel p ease the burden for working-class households in Boynton Beach. As part of the Tax Incr ement Revenue Financing Agreement (“TIRFA”), Affiliated will rent 50% of the units at 80% - 120% of the Area Median Income (“AMI”) for a period of 15 years following the completion of the Project. At the end of the 15-year term, 30% of the units will be rented at the same A MI percentages for an NOT A CERTIFIED COPY216 5 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com additional 15 years. At the end of the 30-year term of affordability, 10% of the units will remain subject to the affordability requirements in perpetuity. 17. In addition, it will provide 150 public parking spaces, which will help support convenient access to nearby businesses and lead to the relocation of Boynton Beac h dining and drinking ‘establishment’, Hurricane Alley, who is relocating from the sout hern portion of the site to Boynton Beach Boulevard, pursuant to a deal BB QOZ has made with them that will help ensure that this business (and their employees) remain in Boynton Beach for the foreseeable future. It will also lead to nearly half a million dollars in public art improvements by local artists, as committed to by BB QOZ. 18. Overall, the Project has garnered overwhelming support. Several City Commission meetings have been standing-room-only comprised of supporters of the Project, incl uding the owners of Boardwalk Ice Cream”, i.e., the operators of the business located at the 209 Property, who are on record at public meetings voicing their support for this Proj ect. As an example of the BB QOZ’s investment in the local Boynton Beach community, the Project inve stors will be substantially comprised of South Florida police, fire and general employee pension plans who are committed to investing where they serve. BB CRA awarded the Project to BB QOZ and not CAMALIER or his affiliated entities. 19. In or around, September 2020, BB QOZ began actively pursuing properties that surround the BB CRA owned lots, including 115 N. Federal Highway. 20. In or around, December 2020, BB QOZ submitted a Letter of Intent (“LOI”) t o the BB CRA Board and Staff advising of its interest in pursuing the BB CRA ow ned site, 115 N. Federal Highway, for purposes of building a transformative redevelopment project. NOT A CERTIFIED COPY217 6 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 21. In or around March-June 2021, BB QOZ was informed that CAMALIER was interested in selling his city block property, 114 N. Federal Highway, which i s across from the BB CRA owned site and his contiguous property, 209 N. Federal Highway, which is the property that is the subject of the suit. NOT A CERTIFIED COPY218 7 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 22. Affiliated and CAMALIER had multiple meetings and calls whereby CAMALIER expressed interest in either selling or contributing (as equity) the 209 Proper ty for purposes of building a project together with the BB CRA owned lots. 23. At that time, in an attempt to negotiate in good faith and at the request of CAMALIER, BB QOZ shared with CAMALIER its proprietary information (via emai l) with a specific caveat that the proprietary information be kept confidential. Unfortunately, based on CAMALIER’s subsequent actions, it was clear that CAMALIER was just gathering i nformation to arm himself to try and gain a competitive advantage so that he could pur sue the BB CRA owned lots with another development group, Hyperion Development Group (“Hyperion”) and beat BB QOZ to the rights to pursue the Project. 24. On or about June 8, 2021, CAMALIER and Hyperion (a joint venture collaboration) attempted to jump the line and circumvent the Request for Proposals and Developer Qualifications (“RFP/RFQ”) by submitting a LOI requesting the BB CR A Board to work with CAMALIER and Hyperion exclusively on the BB CRA owned site, largely based on the fact that CAMALIER, who was part of the proposing entity, owned the properties at 209 N. Federal Highway and 114 N. Federal Highway, and could contribute those properties towards a larger scale project. A copy of the correspondence sent by Hyperion to BB CRA dated June 8, 2021 is attached hereto as Exhibit “A”. 25. The BB CRA Board held a meeting on June 9, 2021 and, in response to Hyperio n’s June 8, 2021 correspondence, elected not to issue the Staff prepared RFP/RFQ to solicit proposals for the BB CRA parcel located at 115 N. Federal Highway. The BB C RA wanted to further explore the LOI submitted by Hyperion and CAMALIER, as well as to allow other de velopers, including Affiliated, to participate. NOT A CERTIFIED COPY219 8 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 26. Notwithstanding and despite CAMALIER’s efforts, on or about July 13, 2021, the BB CRA Board voted unanimously to reject the LOI from CAMALIER and Hype rion, and instead appropriately moved forward with a competitive RFP/RFQ. 27. On July 23, 2021, the BB CRA issued a RFP/RFQ for the acquisition and redevelopment of the BB CRA owned parcels. The RFP/RFQ Submittal due date was October 21, 2021. BB QOZ made its Submittal within the stated time frame. 28. On November 4, 2021, BB QOZ presented its Submittal Presentation to the BB CRA Advisory Board. Additional submitted RFPs were made available to t he BB CRA Board Members for upcoming presentation on November 9, 2021. 29. On November 30, 2021, BB QOZ/Affiliated was selected in a landslide vote by t he BB CRA Board over five (5) other bidders, including CAMALIER and Hyperion. BB QOZ then proceeded to commence negotiations on agreements for the BB CRA owned site for the Proj ect. 30. Shortly thereafter, BB QOZ received a call from CAMALIER and Hyperion s tating that BB QOZ needed to buy the 209 Property because 209 N. FEDERAL, FDC, and CAMALIER “own everything around it”. In fact, 209 N. FEDERAL, FDC, and CAMALIER had the Mayor reach out to BBQOZ via email specifically asking that BB QOZ consi der purchasing the 209 Property. The inference was simple: you need my property to successfully pr oceed with the Project. 31. Hyperion, who had an option with CAMALIER to purchase the 209 Property, indicated that the 209 Property would no longer be suitable for Hyperion because BB QOZ won the RFP. Instead, Hyperion asked BB QOZ if it wanted to assume Hyperion’s option to purchase the 209 Property. A copy of the correspondence from Hyperion to BB QOZ dated December 23, 2021 is attached hereto as Exhibit “B”. NOT A CERTIFIED COPY220 9 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 32. In or around January 2022, after signing a Non-Disclosure Agreement with Hyperion, BB QOZ evaluated the Agreement of Purchase and Sale betwee n Hyperion and CAMALIER for the 209 Property and determined that the price was excessive f or the actual value of the Property. In addition, BB QOZ determined that by assuming the purchase option and buying the 209 Property, it overcomplicated the already very complicated Project and presented multiple timing challenges. This business decision was explained to CAMALIER and Hyperion. Once CAMALIER became aware that BB QOZ was not going to purchase the 209 Property and Hyperion had no incentive, Hyperion dropped the option and CAMALIER remains the ow ner of the 209 Property. 33. Beginning in or around December 2021 through July 2022, BB QOZ negotiated with BB CRA Staff and BB CRA Board at significant cost multiple agreements necessary to move forward with the Project. The RFP/RFQ and BB QOZ’s agreements wit h the BB CRA and the City of Boynton Beach related to the Project include language that the P roject will be subject to City Code, the master plan, and the site plan approval process. Therefore , it was clear, as is the case in all public/private partnership such as this, that BB QOZ’s initi al proposal would change as may be necessary in order to comply with the City Code and meet the requirements of the City of Boynton Beach. 34. On June 7, 2022, the BB CRA Board entered into three (3) agreements including a Purchase & Development Agreement, TIRFA, and a Parking Lease Agreem ent with BB QOZ/Affiliated. 35. On July 5, 2022, at a City Commission Meeting, BB QOZ received approval on all three (3) BB CRA and City of Boynton Beach agreements memorializing the details of purchasing the BB CRA owned site. NOT A CERTIFIED COPY221 10 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 36. In or around September 2022, BB QOZ submitted for site plan approvals a nd participated in the site plan approval process with City of Boynton Beac h staff and the multiple authorities having jurisdiction of the BB CRA owned site property and the Project. Meeti ngs, site plan approval comments and review, coordination with Florida Power & Light (“FPL”), City of Boynton Beach staff, and other related entities were continuous. 37. Approval of the Project by BB CRA includes approval for three (3) applicat ions of abandonment of roads located near the parcels. Abandonment of Roads is governed by Section Boynton Beach, Part III Land Development Regulations (“LDR”), Chapter 2, Article II, Planning and Zoning Division Services, Section 2.G.3. 38. At a Special Planning & Zoning Public Meeting held on or about February 6, 2023, BB QOZ received unanimous approval of the Site Plan by the Planning & Zo ning Development Board. All notifications and postings were made on time. Neither 209 N. FEDER AL, CAMALIER nor their representatives attended this meeting to voice an appropriate objecti on for consideration by the BB CRA before it approved the Site Plan. 39. On or about February 21, 2023, the first reading of BB QOZ’s updated zoning development approvals with City Commission commenced and again received unanimous approval. Bonnie Miskel, Esq., counsel on behalf of 209 N. FEDERAL, FDC, and CAMALIER, and who at one point also represented Hyperion, was present at the public mee ting and spoke to object regarding the road abandonment. Ms. Miskel also sent an email and letter sta ting case law and threatening a lawsuit. A copy of the February 21, 2023 correspondence from Dunay, Miskel and Backman, LLP is attached hereto as Exhibit “C”. NOT A CERTIFIED COPY222 11 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 40. On March 2, 2023, counsel for 209 N. FEDERAL, CAMALIER, and FDC requested and was granted additional time to present at the upcoming March 9, 20203 public meeting regarding the Project. 41. On or about March 9, 2023, counsel for 209 N. FEDERAL, FDC, and CAMALIER presented for thirty (30) minutes to the BB CRA Board and the City Com mission to voice their objections to the Staff recommendation of approval of three (3) applicat ions for abandonment of the Northeast 1 st Avenue right-of-way, the north alley, and the south alley located in or around the BB CRA properties. 42. BB QOZ and BB CRA, in compliance with LDR, considered and presented competent and substantial evidence to support an express factual finding whethe r the abandonment would result in “a permanent stoppage, interruption, or an unacceptable level of service for the subject lot or on neighboring lots, subdivisions, or developments with respect to poli ce, fire, or other emergency services; or solid waste removal.” 43. Despite 209 N. FEDERAL, FDC, and CAMALIER’s objections, the second reading of BB QOZ’s development approvals again received unanimous approval by the Planning & Zoning Development Board. 44. CAMALIER, 209 N. FEDERAL, and FDC challenged the approvals by objecting to the abandonment of NE 1 st Street, which is necessary for the Project, and claiming that the abandonment would severely and detrimentally affect access to Boardwalk Ice Cream’s business. This has no basis in fact and is simply frivolous. In truth, BB QOZ has been in constant communication with Boardwalk Ice Cream who has repeatedly been present at public meetings and has publicly supported the Project. Moreover, BB QOZ and Boardwalk Ice Crea m have made arrangements for Boardwalk Ice Cream to continue its business at the Project. NOT A CERTIFIED COPY223 12 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 45. Having failed to jump the line with his LOI, failed to secure the P roject through the RFP process, failed to get BB QOZ to buy the 209 Property at an infla ted price and failed to stop the Project from moving forward based on a bogus abandonment argument, CAMALIER shifted gears in order to either get his payday or get a piece of the pie. 46. This is not surprising because CAMALIER has a history of frivolous challenges to development projects, like the Project, where he has not gotten his way. I n fact, a $40 million dollar verdict against CAMALIER’s entity, Camalier, LP was affirmed in Maryland regarding CAMALIER’s interference with a development project by the Penrose Group. See CR-RSC Tower I, LLC, et al. v. RSC Tower I, LLC, et al ., 429 Md. 387 (Md. 2012) 56 A. 3d 170. 47. To that end, on April 7, 2023, 209 N. FEDERAL filed a Petition for Writ of Certiorari against the City of Boynton Beach arguing that no substantial, competent evidence to support the City’s decision regarding the three (3) applications of abandonment of roads was presented and as such, it was a departure from the essential requirem ents of the law. In its Petition, 209 N. FEDERAL is improperly attempting to re-litigate the application for abandonment.148. In its Petition, 209 N. FEDERAL states that road abandonments were not part of the Project’s original plans submitted to the City of Boynton Beach. However , that is simply a self-serving statement. 209 N. FEDERAL, FDC, and CAMALIER are very well awa re of the LOI, RFP/RFP, and approval process as they were involved in the same proves t hemselves. 209 N. FEDERAL, FDC, and CAMALIER also are very well aware that preli minary submittals are as a matter of course regularly revised during the submittal process to address and resolve issues raised 1 Respondent, City of Boynton Beach, filed its Response to 209 N. FEDERAL’s Pet ition for Writ of Certiorari on May 17, 2023. The Response is attached as Exhibit “D” and f ully incorporated herein for reference. NOT A CERTIFIED COPY224 13 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com by the City and other public/private entities involved in these public/privat e mixed-use developments. To say otherwise is disingenuous. 49. As the City of Boynton Beach states in its Response, 209 N. FEDERAL blatantly ignores the record supporting the City’s decision and is improperly asking the Court to reweigh the evidence. 2 209 N. FEDERAL’s unfounded accusations are clearly outside the record and are solely meant to delay, harass, pressure, and extort BB QOZ. 50. 209 N. FEDERAL in its Petition also falsely asserts that it opposed the road abandonment applications immediately at each stage of approval. It was not until CAMALIER, 209 N. FEDERAL, and FDC were advised that BB QOZ was not interested in purcha sing the 209 Property that 209 N. FEDERAL, FDC, and CAMALIER opposed the Project. 51. The true purpose of the Petition and objections stems from BB QOZ’s dec ision to not purchase 209 N. FEDERAL’s Property at an inflated price and thereaf ter taking a page from CAMALIER’s playbook to bring frivolous claims knowing it will delay BB QOZ from moving forward causing it substantial damages, trying to shake them down and force t hem to overpay, make him part of the Project, or pay him money to not protest. This extortiona te behavior cannot be countenanced and is actionable. 52. As a result of 209 N. FEDERAL, FDC, and CAMALIER’s calculated extortionate behavior, tortious interference, abuse of process, bad faith filing and unreasonable conduct, effective April 13, 2023 BB QOZ has been forced to cease all pre-develop ment activity, including advising all the construction and design professionals and consultants involved and e ngaged in the Project that they are not able to advance any plans or work until the Petition for Writ of Certiorari is resolved. 2See City of Boynton Beach Response pg. 2. NOT A CERTIFIED COPY225 14 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 53. When BB QOZ was awarded the Project, it promised the community, potential tenants, and public and elected officials certain expectations regardi ng timeframes for completion. BB QOZ’s forced inability to meet these expectations solely occasioned by the calculated acts of CAMALIER affects its reputation in the very community that it seeks to re develop and revitalize. 54. The Project contains a large amount of commercial space (17,000 square feet). BB QOZ has been contacted by potential tenants, but has been unable to provide any d efinitive timeframes for delivery of the commercial space. There is no way f or BB QOZ to determine the effect this delay will have on the viability of the overall Project from a construction and financing perspective. 55. In addition, BB QOZ secured a line of credit to assist in the financing of the pre- development activity of the Project. Every day the Project is delayed for ces BB QOZ to incur additional interest, costs and expenses that BB QOZ would not have incurred but for 209 N. FEDERAL, FDC, and CAMALIER’s calculated extortionate behavior, tortious inter ference, abuse of process, bad faith and unreasonable conduct. 56. There is no legitimate basis to the challenge that is being made by CAMAL IER, 209 N. FEDERAL, and FDC. At the public, properly noticed, City Commission meet ing, where 209 N. FEDERAL, FDC, and CAMALIER were allowed to present their objections, the City Commission determined, based upon the competent and substantial evidence, that access is not obstructed and voted unanimously to approve the abandonment. BB QOZ, along with its partnership with BB CRA and the City of Boynton Beach, has the right to deve lop and operate the Project. NOT A CERTIFIED COPY226 15 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com COUNT I – TORTIOUS INTERFERENCE (CAMALIER) 57. Plaintiff, BB QOZ, hereby realleges and reasserts the allegations c ontained in paragraphs 1 through 56 as if fully set forth herein. 58. BB QOZ has a business relationship relating to the development, ownership, and operation of the Project. 59. CAMALIER knew of the business relationship as it was involved in the investment and development of building mixed-use multi-family developments that target unmet demand and underserved areas within a specified market. 60. CAMALIER, by way of its business relationship with 209 N. FEDERAL, in a calculated manner, intentionally and unjustifiably interfered with BB QOZ’s rights by, among other things, proceeding with the development of the Project. 61. As a result of CAMALIER’s actions, BB QOZ has suffered damages. WHEREFORE, Plaintiff, BB QOZ, respectfully requests that this Court ent er a judgment in favor of BB QOZ for damages, including direct and consequential, costs, a nd interest, along with such other and further relief deemed just, equitable, and proper. COUNT II – TORTIOUS INTERFERENCE (209 N. FEDERAL) 62. Plaintiff, BB QOZ, hereby realleges and reasserts the allegations c ontained in paragraphs 1 through 56 as if fully set forth herein. 63. BB QOZ has a business relationship relating to the development, ownership, and operation of the Project. NOT A CERTIFIED COPY227 16 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 64. 209 N. FEDERAL knew of the business relationship as it was involved in the investment and development of building mixed-use multi-family developments that target unmet demand and underserved areas within a specified market. 65. 209 N. FEDERAL, by way of filing the Petition for Writ of Certiorari, in a calculated manner, intentionally and unjustifiably interfered with BB Q OZ’s rights to proceed with the development of the Project. 66. As a result of 209 N. FEDERAL’s actions, BB QOZ has suffered damages. WHEREFORE, Plaintiff, BB QOZ, respectfully requests that this Court ent er a judgment in favor of BB QOZ for damages, including direct and consequential, costs, a nd interest, along with such other and further relief deemed just, equitable, and proper. COUNT III – TORTIOUS INTERFERENCE (FDC) 67. Plaintiff, BB QOZ, hereby realleges and reasserts the allegations c ontained in paragraphs 1 through 56 as if fully set forth herein. 68. BB QOZ has a business relationship relating to the development, ownership, and operation of The Pierce. 69. FDC knew of the business relationship as it was involved in the investment and development of building mixed-use multi-family developments that target unmet demand and underserved areas within a specified market. 70. FDC, by way of its business relationship with 209 N. FEDERAL, in a calcul ated manner, intentionally and unjustifiably interfered with BB QOZ’s rights to proceed with the development of the Project. 71. As a result of FDC’s actions, BB QOZ has suffered damages. NOT A CERTIFIED COPY228 17 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com WHEREFORE, Plaintiff, BB QOZ, respectfully requests that this Court ent er a judgment in favor of BB QOZ for damages, including direct and consequential, costs, a nd interest, along with such other and further relief deemed just, equitable, and proper. COUNT IV – ABUSE OF PROCESS (209 N. FEDERAL) 72. Plaintiff, BB QOZ, hereby realleges and reasserts the allegations c ontained in paragraphs 1 through 56 as if fully set forth herein. 73. 209 N. FEDERAL made an illegal, improper, or perverted use of process when it filed the Petition for Writ of Certiorari against the City of Boynton Beach. 74. 209 N. FEDERAL had ulterior motives or purposes in exercising such illegal, improper, or perverted use of process. Specifically, it was not until 209 N. FEDERAL failed to sell its 209 Property at an inflated cost, either to BB QOZ, BB CRA , or Hyperion or when BB CRA did not award the Project to CAMALIER and Hyperion, or when BB QOZ re fused to partner with CAMALIER, that 209 N. FEDERAL began to assert frivolous and unfounded objections to the Project, including the filing of the Petition for Writ of Certiorari. 75. As a result of 209 N. FEDERAL’s actions, BB QOZ has suffered damages. WHEREFORE, Plaintiff, BB QOZ, respectfully requests that this Court ent er a judgment in favor of BB QOZ for damages, including direct and consequential, costs, a nd interest, along with such other and further relief deemed just, equitable, and proper. COUNT V – EXTORTION (CAMALIER) 76. Plaintiff, BB QOZ, hereby realleges and reasserts the allegations c ontained in paragraphs 1 through 56 as if fully set forth herein. NOT A CERTIFIED COPY229 18 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 77. Pursuant to Florida Statute Chapter 772 civil remedies exist for pra ctices and actions that are considered criminal in nature. That Statute defines “criminal a ctivity” as: a means to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit: (a) Any crime that is chargeable by indictment of information under the following provisions. 78. One of the provisions referenced in Fla. Stat. 772.102(1)(a) is Section 836.05 relating to extortion. 79. Under Section 836.05, extortion is defined as: Whoever, either verbally or by a written or printed communication, mali ciously threatens to accuse another of any crime or offense, or by such communication malici ously threatens an injury to the person, property or reputation of another, or maliciously thre atens to expose another to disgrace, or to expose any secret affecting another, or to impute a ny deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened , or any other person, to do any act or refrain from doing any act against his or her will. 80. Pursuant to Section 772.104(1) any person who proves by clear and convincing evidence that he or she has been injured by reason of any violation of 772.103 and the definition of criminal activity set forth in 772.102. discussed above, is entitled to rec over threefold the actual damages sustained as well as reasonable attorneys’ fees and costs. 81. The actions of CAMALIER, as more particularly set forth in the incorporat ed paragraphs herein, in purposefully and in a calculated fashion putting BB QOZ in a position that if it did not agree to its demands for an inflated purchase price of t he 209 N. FEDERAL Property or let CAMALIER have a piece of the pie, it would not allow BB QOZ to proceed with the development of the Project and cause immeasurable damage to BB QOZ, c onstitutes extortionate behavior as set forth under Section 836.05. NOT A CERTIFIED COPY230 19 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com WHEREFORE, Plaintiff, BB QOZ, respectfully requests that this Court ent er a judgment in favor of BB QOZ for treble damages flowing from its extortionat e acts, reasonable attorney’s fees and costs, along with such other and further relief deemed just, equitable, and proper. JURY TRIAL DEMAND Plaintiff hereby demands a trial by jury on all matters so triable. RESERVATIONS BB QOZ reserves the right to amend its complaint to bring a claim f or punitive damages upon the proper showing. Dated: May 22, 2023. Respectfully submitted, AMRSTRONG TEASDALE LLP 355 Alhambra Circle, Suite 1250 Coral Gables, Florida 33134 Telephone: (305) 371-8809 Telecopier: (305) 448-4155 By: /s/ Nicole P. Planell . Glen H. Waldman, Esq. Fla. Bar No. 618624 gwaldman@atllp.com Nicole P. Planell, Esq. Fla. Bar No. 72325 nplanell@atllp.com FOR SERVICE OF PLEADINGS: miamiefiling@atllp.com NOT A CERTIFIED COPY231 EXHIBIT A NOT A CERTIFIED COPY232 8 June 2021 888 Biscayne Boulevard, S te. 101 , Miami, FL 33132 |9 West 57 th Street, New Yo rk , NY 10019 | (o) 305.416.7550 | www.hypdev.com Boynton Beach Community Redevelopment Association Attention: Mr. Michael Simon , Executive Director 100 E. Ocean Ave Boynton Beach, FL 33435 Re: 115 N Federal Highway Dear Mr. Simon, Hyperion Development Group (www.hypdev.com ) is purchasing 114 N Federal Highway and 209 N Federal Highw ay from long time property owner F Davis Camalier . In collaboration with the City of Boynton Beach and lo cal stak eh ol ders we propose to combine the full blocks east and west of North Federal Highway into a cohesive master plan with a mix of uses including multifamily, office, hotel, retail, parking garage, restaurants with outdoor seating and ample green space (a preliminary indicative massing is attached). Towards this end we propos e to pur chase the City owned property at 115 North Federal Highway on the west site, a nd seek to assemble the rest of the privately owned sites in a manner which is sensitive to the needs of local bu siness owners. As so on-to -be owners of both 114 N Federal Highway and 209 N Federal Highw ay , we are we ll positioned to make this a reality. As developer of a broader master plan we are not constrained by making each site work financially on its own, and can allow for careful, thoughtful planning en compassing both sides in a way that will best shape and enhance the urban experience. We would seek to collaborate with you, the CRA and the City of Boynton Beach to optimize the plan so that the Boynton Beach community gets the project it deserves . As importa nt , we have the experience and financial capability to execute this vision. The partn ership of our firm includes Winter Properties (www.winter.com ) a New York real estate investor and developer with a 100 year track reco rd , and a related company of Standard Industries, a privately held global industrial company with in excess of $6B in annual revenue. (www.standardindustries.com). Project execution is assured through our experience. For six years I was President of Re si dential Development at Silvers te in Properties in N ew York City , a developer, owner and manager of over 40 million square feet of office, residential and m ixed-use properties, and the firm that redeveloped the World Trade Center. Our leadership team has wo rked with me for years at Silverstein and elsewhe re. Recently Hyperion is i n development on a large-scale mix ed use project in West Palm Beach and has won an RFP competition for a large mixed use master plan in New York. We would welcome an opportunity in the near future to get to know one another . This would include demonstrating our financial project capabilities in a more private setting to provide the level of rea ssurance you require. In the meantime, we re spectfully request that you postpone issuance of the RFP pending your ha ving had an opportunity to become better acquainted with our proposition. Thank you for your consideration. Sincerely, Robert Vecsler Principal and CEO, Hyperion NOT A CERTIFIED COPY233 2 Scenario 1 - Preliminary Indicative Project Massing – Controlled Sites + City Site NOT A CERTIFIED COPY234 3 Scenario 2 - Preliminary Indicative Project Massing – Full Assemblage NOT A CERTIFIED COPY235 NOT A CERTIFIED COPY236 December 23, 2021 888 Biscayne Boulevard, S te. 101 , Miami, FL 33132 |9 West 57 th Street, New York , NY 10019 | (o) 305.416.7550 | www.hypdev.com Boynton Beach Community Redevelopment Association Ms. Thuy Shutt, Executive Director BBCRA 100 E. Ocean Ave Boynton Beach, FL 33435 Re: 209 N Federal Highway Dear Ms. Shutt, Hyperion Group (“Hyperion”) is in contract to purchase 209 N Federal Highway (“209 NFH”) from long time property owner F Davis Camalier (“Seller”) through a purchase and sale agreement (“PSA”). 1. Hyperion is open to working with all parties to assign the PSA on 209 NFH to Affiliated Development, to the betterment of Affiliated’s site plan and the Boynton Beach community as a whole. We would endeavor to work expeditiously to effect this transaction to the satisfaction of all. 2. We look forward to working with the Boynton Beach CRA , the City of Boynton Beach and the community on initiatives which can best position Hyperion to successfully initiate and c omplete its development at 114/222 N. Federal Highway, to the benefit of the City of Boynton Beach and the community. Wishing you a Merry Christmas and looking forward to working collaboratively with you. Sincerely, Robert Vecsler Principal and CEO, Hyperion CC: Ms. Lori LaVerriere, City Manager, Boynton Beach City Commission Mr. Andrew Mack, Assistant City Manager Ms. Kathryn Matos, Assistant City Manager Mr. Jeff Burns, CEO, Affiliated Development Bonnie Miskel, Esq. 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Leasing There are no leasing activities at this time. Taxes All Taxes have been paid on the Developer owned parcels Litigation A petition for Writ of Certiorari against the City challenging the abandonments necessary for the Project 290 4 291 292 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 INFORMATION ONLY AGENDA ITEM 8.B SUBJECT: Quarterly Progress Report #5 from Pulte Home Company, LLC for the Cottage District Infill Housing Redevelopment Project - April 2024 - June 2024 SUMMARY: On February 25, 2023, the Purchase and Development Agreement (PDA) between the CRA and Pulte Home Company, LLC (Pulte) for the Cottage Infill Housing Redevelopment Project was executed. On September 12, 2023, the Board approved the First Amendment to the PDA that extended the timeframe for all parties to agree on the Form of Restrictive Covenant prior to Closing and allow the plat application to be submitted within 90 days of site plan approval for consistency with the City's development review process (see Attachments I & II). On May 14, 2024, the Board approve the Second Amendment to the PDA which extended the closing date of the sale of the property to Pulte on or before December 26, 2024. The Second Amendment to the PDA is on July 9, 2024 CRA Board meeting agenda for consideration (see Attachment III). The development consists of 41 for sale homes and will be offered to eligible homebuyers within the Palm Beach County Workforce Housing Program's Low Income (21 townhomes) and Moderate 1 (19 single family detached units) income categories. The project will be providing much needed affordable homeownership opportunities as envisioned by the CRA Plan. Pursuant to Section 22.l of the PDA, Pulte is required to provide a written quarterly report to the CRA Board. The June 2024 report (see Attachment IV) indicates the project is proceeding on schedule and includes the following updates: Final site plan and rezoning was approved in February 2024. The Declaration, Covenant, Conditions and Restrictions were provided to the CRA on January 22, 2024. CRA staff and legal reviewed and accepted the master declaration of restrictive covenants for workforce housing on February 13, 2024. Pulte re-submitted the Plat on May 6, 2024 and is waiting on comments from the City. Pulte received the draft Developer's Agreement from the City on April 26, 2024. Pulte submitted comments to the City on May 20, 2024 and received the City's response on June 11, 2024. 293 •Attachment I - Purchase and Development Agreement •Attachment II - First Amendment to Purchase and Development Agreement •Attachment III - Second Amendment to Purchase and Development Agreement •Attachment IV - Quarterly Report #5 FISCAL IMPACT: No Fiscal Impact 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 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 From:Andrew Maxey To:Shutt, Thuy Cc:Tack, Timothy; Utterback, Theresa; Nicklien, Bonnie; Curfman, Vicki; Hill, Vicki Subject:RE: Pulte LOI- Cottage District Date:Thursday, June 2, 2022 8:58:00 AM Attachments:image011.png image012.png image013.png image014.png image015.png image016.png Pulte LOI - Cottage District BBCRA_v2.pdf Good Morning Thuy, Although it’s not specifically referenced in the LOI, I also want to reaffirm Pulte’s commitment to working with as many local vendors and contractors as possible on this project. Pulte has existing contracts with 6 vendors located in Boynton Beach, 2 of which are within the boundary of the CRA. We also plan on utilizing local consultants for the community outreach phase of the project. Please let me know if you have any additional questions. Thank you. Andrew Maxey – VP Land Acquisition Southeast Florida Division 1475 Centrepark Blvd., Suite 305, West Palm Beach, FL 33401 Direct (561) 206-1410 Cell (404) 451-2386 andrew.maxey@pultegroup.com From: Andrew Maxey Sent: Wednesday, June 1, 2022 9:02 AM To: Shutt, Thuy <ShuttT@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us>; Hill, Vicki <HillV@bbfl.us> Subject: RE: Pulte LOI- Cottage District Thuy, Sorry for the delay here. I have updated our LOI to reflect the 3 new single family plans we are proposing (Browning, Chapman, and Hamden). The collateral provided in Exhibit C show the front elevations, floorplans, square footage, and bed/bathroom count. Let me know any questions. Thanks. 320 Andrew Maxey – VP Land Acquisition Southeast Florida Division 1475 Centrepark Blvd., Suite 305, West Palm Beach, FL 33401 Direct (561) 206-1410 Cell (404) 451-2386 andrew.maxey@pultegroup.com From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Tuesday, May 17, 2022 7:02 PM To: Andrew Maxey <Andrew.Maxey@PulteGroup.com> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us>; Hill, Vicki <HillV@bbfl.us> Subject: RE: Pulte LOI- Cottage District Good evening, Andrew, Thank you for your updated letter. We appreciate your interest in our Cottage District Project. We will update our files to include this revised LOI for the CRA Board’s consideration at their July 12th meeting (since the 30 day public notice time period will not end until after the June 14th Board meeting). Could you please give me a call at your earliest convenience so I can make sure the attached document (which was included in the 5/10 agenda item) will be updated to correctly reflect your revised LOI (SFD model size and types, etc.). 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 321 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: Andrew Maxey <Andrew.Maxey@PulteGroup.com> Sent: Tuesday, May 17, 2022 4:37 PM To: Shutt, Thuy <ShuttT@bbfl.us> Subject: RE: Pulte LOI- Cottage District Thuy, Attached please find Pulte’s revised Letter of Intent to purchase the Cottage District property. Thanks, Andrew Maxey – VP Land Acquisition Southeast Florida Division 1475 Centrepark Blvd., Suite 305, West Palm Beach, FL 33401 Direct (561) 206-1410 Cell (404) 451-2386 andrew.maxey@pultegroup.com From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Wednesday, April 27, 2022 10:46 PM To: Andrew Maxey <Andrew.Maxey@PulteGroup.com> Subject: RE: Pulte LOI- Cottage District External Sender Thank you, Andrew. We will include this for the CRA Board consideration at the May 10th CRA Board meeting. We will provide you with the agenda item once the board packet is finalized and uploaded on the website (scheduled for May 3rd). Thuy Shutt , AIA, FRA‑RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 322 561-600-9098 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: Andrew Maxey <Andrew.Maxey@PulteGroup.com> Sent: Tuesday, April 26, 2022 3:41 PM To: Shutt, Thuy <ShuttT@bbfl.us> Subject: Pulte LOI- Cottage District Good Afternoon Thuy, I hope all is well with you. Pulte would like to respectfully submit the attached Letter of Intent to purchase the Cottage District property owned by the CRA. Please reach out with questions. Thank you, Andrew Maxey – VP Land Acquisition Southeast Florida Division 1475 Centrepark Blvd., Suite 305, West Palm Beach, FL 33401 Direct (561) 206-1410 Cell (404) 451-2386 andrew.maxey@pultegroup.com 323 CONFIDENTIALITY NOTICE: This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender immediately by email and delete the message and any file attachments from your computer. Thank you. CONFIDENTIALITY NOTICE: This email may contain confidential and privileged material for the sole use of the intended recipient(s).Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender immediately by email and delete the message and any file attachments from your computer. Thank you. CONFIDENTIALITY NOTICE: This email may contain confidential and privileged material for the sole use of the intended recipient(s).Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender immediately by email and delete the message and any file attachments from your computer. Thank you. 324 Cottage District – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 REVISED: June 1, 2022 To: Thuy Shutt Executive Director Boynton Beach CRA Subject: Letter of Intent to Purchase Cottage District Property Thuy, Enclosed is the revised Letter of Intent for Pulte Home Company, LLC (Pulte) to acquire a +/-4.5- acre property owned by the Boynton Beach Community Redevelopment District, commonly known as the Cottage District Property. Pulte has made the following changes to the terms of the LOI: • Purchase Price- Increased land price to match the appraisal of $2,472,000 and removed 3% marketing fee. • Home Sale Prices- Adjusted our commitment on home sale prices to only target buyers in the Low and Mod-1 categories (60% to 100%), resulting in sales prices of $168,420 and $216,540, respectively. • Home Architecture- Added samples of the architecture style (see Exhibit C). It is also important to note that Pulte’s proposal is for 100% fee simple ownership and has no rental component. In alignment with the goals and principles contained in the 2016 Boynton beach CRA Redevelopment Plan, our proposal is uniquely designed to complement and add character to the neighborhood and provide home ownership for residents in the 40% to 100% AMI range. We thank you for the opportunity to revise our Letter of Intent and be considered again for this exciting project. Thank you, Andrew Maxey Vice President of Land Acquisition Southeast Florida Division 1475 Centrepark Blvd., Suite 305 West Palm Beach, Florida 33401 Andrew.Maxey@PulteGroup.com 325 Cottage District – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 1) Property Description. The property under consideration consists of ±4.5 acres located in the City of Boynton Beach, Florida and roughly depicted below. 2) Valuation. The total purchase price for the property shall be $2,472,000. 3) Intended Use. Pulte’s intended use for the property is a fee-simple community designed in accordance with Palm Beach County’s Workforce Housing Program of at least 40 units. (See Exhibits A and B.) Units will be sold according to Palm Beach County Workforce Housing Program guidelines in the lower 2 categories (Low and Mod -1) which is based on AMI between 60% and 100%. The units will also be subject to a 15-year deed restriction on resale price. The proposed product is consistent with the plan previously submitted in the RFP and samples are attached in Exhibit C. 4) Deposits/Fees. First Escrow Deposit: The first deposit of $10,000 is due within five business days after the parties execute a mutually acceptable contract and is fully refundable to Pulte until the completion of the inspection period. Second Escrow Deposit: Upon the end of the inspection period, Pulte will deliver, within five business days, an additional deposit of $60,000 to escrow agent bringing the total deposit to $70,000. The first and second deposits are to be creditable against the total purchase price at closing and will be non-refundable after the expiration of the inspection period. 326 Cottage District – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 5) Inspection Period. Pulte will require 120 days from the signing of the contract in which to investigate the property at Pulte's expense. 6) Entitlement Period. Following the expiration of the inspection period, Pulte shall have a period of 10 months to obtain the necessary entitlements to develop the property according to the intended use. 7) Closing Schedule. Pulte shall close on the property on the earlier to occur of 30 days after all closing conditions are fulfilled or 30 days after the expiration of the entitlement period. 8) Conditions to Close. a) Rezoning and land use approval in accordance with the intended use b) Final site plan approval for intended use c) Sitework/earthwork permits required for clearing and excavation d) Water/sewer permits e) SFWMD environmental resource permit (if applicable) f) US Army Corp of Engineers permit (if applicable) 9) Title Evidence. BBCRA will pay for title insurance in the amount of the purchase price and provide a title commitment during the first twenty days of the inspection period. Permitted title exceptions will be determined by the end of the inspection period. 10) Survey. If available, BBCRA will provide survey within the first five days of the inspection period. Pulte will be responsible for updating the survey. 11) Closing Costs and Proration. Each party will pay its cost of document preparation and attorney’s fees. BBCRA is to pay for documentary stamps in connection with the conveyance of the property. All real estate and personal property taxes, leases, and other related costs shall be prorated as of the date of the closing. 12) Broker. Pulte and BBCRA agree that they are not represented by any broker in this transaction. 13) Confidentiality. Pulte and BBCRA agree to maintain the terms of this LOI and all negotiations relating to the property as confidential between Pulte and BBCRA and shall not disclose their existence of this LOI to any other person. This letter is not intended to create legally binding commitments. Parties shall become legally bound only if and when they execute a mutually acceptable contract. If the foregoing i s acceptable, please indicate your approval by signing this letter in the space provided below and return one signed copy to Pulte at the address shown on this letterhead. Upon receipt of the acceptance, Pulte will commence preparation of a mutually accep table written contract. Agreed and Accepted: By: _______________________________________ Date: _____________________________________ 327 Cottage District – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 Exhibit A: Palm Beach County Workforce Housing Program, 2021 WHP Unit Sales Prices: Exhibit B: Pulte’s intended use as reflected in original RFP submittal. Plan may be updated to include more units built on newly added parcels. Model Quantity Single Family Detached Browning (1 story) 2 Chapman (1 story) 4 Hamden (2 story) 3 Single Family Attached (2-Story Townhome) 20’ Interior Townhomes 19 20’ Exterior Townhomes 12 Total Units Proposed 40 328 Cottage District – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 Exhibit C: Sample Elevations of Single-Family Product 329 1,447 A/C Sq. Ft. | 3 Bedrooms | 2 Baths Browning Home Exterior FM1 Home Exterior CO1 330 • 1,447 A/C Sq. Ft. • 3 Bedrooms • 2 Baths Browning Artist’s renderings are conceptual only and are not intended to be an exact representation or show specific detailing. Square footage, room dimensions and spatial arrangements on this plan are approximate and may vary in final construction and may vary by elevation. See a sales representative for details. ©2021 Pulte Home Company, LLC. CBC057850 CAS 9-17-21 Visit liveatcarversquare.com for more information on workforce housing at Carver Square. 2 CAR GARAGE 19'-4" x 19'-9" BEDROOM 3 11'-0" x 10'-6" BEDROOM 2 11'-0" x 10'-6" OWNER'S SUITE 13'-5" x 12'-11" GATHERING ROOM 13'-5" x 18'-2" CAFE 11'-2" x 8'-10" KITCHEN WIC LAUN BATH 2 L L FOYER O. BATH P 331 1,662 A/C Sq. Ft. | 3 Bedrooms | 2 Baths Chapman Home Exterior FM1 Home Exterior CO1 332 • 1,662 A/C Sq. Ft. • 3 Bedrooms • 2 Baths Chapman Artist’s renderings are conceptual only and are not intended to be an exact representation or show specific detailing. Square footage, room dimensions and spatial arrangements on this plan are approximate and may vary in final construction and may vary by elevation. See a sales representative for details. ©2021 Pulte Home Company, LLC. CBC057850 CAS 11-2-21 Visit liveatcarversquare.com for more information on workforce housing at Carver Square. COVERED LANAI 13'-0" x 9'-0" CAFE 11'-5" x 13'-2" OWNER'S SUITE 13'-8" x 12'-10" KITCHEN BEDROOM 2 12'-5" x 10'-6" BEDROOM 3 10'-1" x 10'-8" FOYER LAUN P L WIC GATHERING ROOM 16'-11" x 16'-8" 2 CAR GARAGE 20'-1" x 20'-2" BATH 2 333 1,822 A/C Sq. Ft. | 3 Bedrooms | 2.5 Baths Hamden Home Exterior FM1 Home Exterior CO1 334 • 1,822 A/C Sq. Ft. • 3 Bedrooms • 2.5 Baths Hamden Artist’s renderings are conceptual only and are not intended to be an exact representation or show specific detailing. Square footage, room dimensions and spatial arrangements on this plan are approximate and may vary in final construction and may vary by elevation. See a sales representative for details. ©2021 Pulte Home Company, LLC. CBC057850 CAS 9-17-21 Visit liveatcarversquare.com for more information on workforce housing at Carver Square. CAFE 11'-0" x 8'-0" KITCHEN STORAGE GATHERING ROOM 17'-8" x 19'-8" PR FOYER 2 CAR GARAGE 20'-2" x 20'-2" P PORCH UP LINE OF FLOOR ABOVE L LAUNDRY WIC O. BATH OWNER'S SUITE 13'-0" x 14'-4" BA. 2 L BEDROOM 3 10'-5" x 10'-4" L BEDROOM 2 11'-9" x 10'-9" DN First Floor Second Floor 335 Cottage District Infill – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 April 28, 2022 To: Thuy Shutt Executive Director Boynton Beach CRA Subject: Letter of Intent to Purchase Cottage District Infill Redevelopment Project Thuy, This letter is to serve as a Letter of Intent (LOI) for Pulte Home Company, LLC (Pulte) to enter contract negotiations to acquire ±4.5 acres in Palm Beach County, Florida owned by the Boynton Beach Community Redevelopment District (BBCRA). Pulte Home Company, LLC has the capital to complete this transaction, and we will not include any 3rd party lending approvals or state/local grants as part of our offer to purchase. We are flexible, and we are happy to negotiate deal terms. Our team does not use standardized contract templates, and we can make quick updates in an effort to reach a mutually beneficial agreement. This LOI follows our previous submittal during the BBCRA’s request for proposals in which Pulte’s submittal finished in second-place consideration. With the understanding that the first- place proposal has not materialized, Pulte submits its updated proposal. We look forward to hearing from you and want to assure you we are prepared to act quickly in working to arrive at a mutually acceptable contract. This offer is valid for one month. PulteGroup’s mission to be America’s most respected home builder begins with our site acquisition. On behalf of the PulteGroup Southeast Florida Division, we would be grateful for the opportunity to begin this process with you. Thank you, Andrew Maxey Vice President of Land Acquisition Southeast Florida Division 1475 Centrepark Blvd., Suite 305 West Palm Beach, Florida 33401 Andrew.Maxey@PulteGroup.com 336 Cottage District Infill – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 1) Property Description. The property under consideration consists of ±4.5 acres located in the City of Boynton Beach, Florida and roughly depicted below. 2) Valuation. The total valuation shall be the summation of the purchase price plus a BBCRA Success Fee. The total value is estimated at $688,000. a) A purchase price of $400,000, equal to $10,000 for each of the 40 homes proposed in Pulte’s intended use. b) A BBCRA Success Fee equal to 3% of the sales price of the completed homes and to be paid on a quarterly basis following home closings. Assuming an average sales price of $240,000, the Fee shall equal $288,000 (= 3% x $240,000 x 40 homes). c) Purchase price and Success Fee shall be paid in cash. Pulte does not require any loans or incentives to close. 3) Intended Use. Pulte’s intended use for the property is a fee-simple community designed in accordance with Palm Beach County’s Workforce Housing Program of at least 40 units. (See Exhibits A and B.) Units will be sold according to Palm Beach County Workforce Housing Program guidelines, which includes recording a covenant for a 15-year sales price dee restriction. 337 Cottage District Infill – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 4) Deposits/Fees. First Escrow Deposit: The first deposit of $10,000 is due within five business days after the parties execute a mutually acceptable contract and is fully refundable to Pulte until the completion of the inspection period. Second Escrow Deposit: Upon the end of the inspection period, Pulte will deliver, within five business days, an additional deposit of $60,000 to escrow agent bringing the total deposit to $70,000. The first and second deposits are to be creditable against the total purchase price at closing and will be non-refundable after the expiration of the inspection period. 5) Inspection Period. Pulte will require 120 days from the signing of the contract in which to investigate the property at Pulte's expense. 6) Entitlement Period. Following the expiration of the inspection period, Pulte shall have a period of 10 months to obtain the necessary entitlements to develop the property according to the intended use. 7) Closing Schedule. Pulte shall close on the property on the earlier to occur of 30 days after all closing conditions are fulfilled or 30 days after the expiration of the entitlement period. 8) Conditions to Close. a) Rezoning and land use approval in accordance with the intended use b) Final site plan approval for intended use c) Sitework/earthwork permits required for clearing and excavation d) Water/sewer permits e) SFWMD environmental resource permit (if applicable) f) US Army Corp of Engineers permit (if applicable) 9) Title Evidence. BBCRA will pay for title insurance in the amount of the purchase price and provide a title commitment during the first twenty days of the inspection period. Permitted title exceptions will be determined by the end of the inspection period. 10) Survey. If available, BBCRA will provide survey within the first five days of the inspection period. Pulte will be responsible for updating the survey. 11) Closing Costs and Proration. Each party will pay its cost of document preparation and attorney’s fees. BBCRA is to pay for documentary stamps in connection with the conveyance of the property. All real estate and personal property taxes, leases, and other related costs shall be prorated as of the date of the closing. 12) Broker. Pulte and BBCRA agree that they are not represented by any broker in this transaction. 13) Confidentiality. Pulte and BBCRA agree to maintain the terms of this LOI and all negotiations relating to the property as confidential between Pulte and BBCRA and shall not disclose their existence of this LOI to any other person. 338 Cottage District Infill – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 This letter is not intended to create legally binding commitments. Parties shall become legally bound only if and when they execute a mutually acceptable contract. If the foregoing is acceptable, please indicate your approval by signing this letter in the space provided below and return one signed copy to Pulte at the address shown on this letterhead. Upon receipt of the acceptance, Pulte will commence preparation of a mutually acceptable written contract. Agreed and Accepted: By: _______________________________________ Date: _____________________________________ 339 Cottage District Infill – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 Exhibit A: Palm Beach County Workforce Housing Program, 2021 WHP Unit Sales Prices: WHP Income Category (Based on AMI) Sales Price Low 60% - 80% $48,120 - $64,160 $168,420 Mod1 >80% - 100% >$64,160 - $80,200 $216,540 Mod 2 >100% - 120% >$80,200 - $96,240 $264,660 Middle* >120% - 140% >$96,240 - $112,280 $312,780 Exhibit B: Pulte’s intended use as reflected in original RFP submittal. Plan may be updated to include more units built on newly added parcels. Model Quantity Single Family Detached (1-Story) Brookwood 2 Cedar 4 Highgate 3 Single Family Attached (2-Story Townhome) 20’ Interior Townhomes 19 20’ Exterior Townhomes 12 Total Units Proposed 40 340 | 37Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project Project Description Pulte recognizes that redevelopment of the Cottage District, within the Heart of Boynton District, is a priority for the Boynton Beach CRA and we are very excited to share our proposal with the CRA. Our proposal is uniquely designed to complement and add value to the existing neighborhood and its residents as well as further the goals and principles contained within the 2016 Boynton Beach CRA Redevelopment Plan (“BBCRA Plan”). Among the goals that the Pulte proposal furthers from the plan are: ■Protect and enhance existing single-family neighborhoods ■Create a comfortable, walkable and safe pedestrian-scale environment connecting residents and visitors to the commercial, social/cultural and recreational amenities within each District ■Develop policies and strategies for providing adequate public parking within each District to support commercial and residential redevelopment ■Encourage and assist existing development and redevelopment projects that provide employment and economic opportunities ■Encourage the implementation of streetscape enhancements within the Districts ■Encourage the development of new affordable housing (with no subsidies from the CRA or any other public funding/tax source) Pulte’s plan consists of 9 single family detached and 31 single family attached (townhome) units for a total of 40 new single family units within the Heart of Boynton. Drawing from the architectural styles of the surrounding neighborhood and the BBCRA, we are proposing two styles – Florida Mediterranean and Florida Coastal. Both styles complement the existing homes, reflect the historic character of the proposed Shepard Funk Addition Historic Cottage District along NE 3rd Avenue and Boynton’s coastal history. Our plan provides new homeownership opportunities and has been carefully designed to enhance and protect the surrounding neighborhood. We’ve included a small neighborhood park along NE 1st Street with landscape, hardscape, shade structure and lighting features, as well as a dual use passive recreation/dry detention area, a network of sidewalks and pathways around and throughout the site which connect to the existing neighborhood and provide access for the community at- large. While the small park will be deeded to the City of Boynton Beach to ensure perpetual community access, the Pulte HOA may retain responsibility for park maintenance. We’ve also included additional parking, both on- street parking on NE 1st Street (six spaces in the right-of-way), as well as off-street – six at the townhomes and nine at the new park. The on-street parking, along with new decorative streetlights and the perimeter sidewalks provide traffic calming and a pedestrian environment to the site. The BBCRA Plan identifies the vision for the Heart of Boynton District as “becoming a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks.” The vision further addressed via three recommendations: Streetscape, Land Use, and Urban Design. Pulte’s plan responds to and enhances the each of the BBCRA recommendations for the Heart of Boynton District as explained below. F. DETAILED DESCRIPTION OF THE PROPOSED PROJECT Proposed Project Plan | 4 341 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 38 Proposed Project Plan | 4 Streetscape The BBCRA Plan outlines a variety of streetscape enhancements for Seacrest Boulevard including “bus shelters and the creation of a Pedestrian Zone adjacent to rights-of-way that inviting, safe and includes a minimum 8’ wide clear sidewalk, decorative light poles are both vehicular and pedestrian scales, and installation of canopy trees that provide immediate sharing at time of construction”. Pulte’s plan includes a 5’ sidewalk, retaining the existing decorative streetlights and installing larger canopy trees along the portion of the site adjacent to Seacrest Boulevard. We are also continuing the pedestrian enhancements through an interconnecting network of sidewalks and pathways throughout the site. Decorative streetlights will be provided along the perimeter and interior of the site. Off-street parking is provided long NE 1st Street, which provides for traffic calming as recommended by the BBCRA and the community. Additional off-street parking is provided adjacent to the pocket park and within the site itself. Lastly, we have incorporated a bus shelter for school children in the pocket park along NE 1st Street. We will work with the CRA and the Palm Beach County School District to ensure the bus shelter meets their standards and is utilized as a neighborhood school bus stop. Land Use The existing future land designation for the site is Medium Density Residential and the BBCRA Plan notes that High Density Residential would also be appropriate. Pulte’s plan maintains the existing Medium Density Residential as a means of protecting the surrounding neighborhood. We have done so because while we understand the surrounding community desires new housing opportunities, they want the new opportunities to be consistent with and integrated into the existing fabric. We have opted to propose fee simple single-family opportunities instead of rental opportunities. The current zoning designation is R-2, One and Two-Family, which allows for the proposed density, however we will rezone to PUD. Urban Design The BBCRA Plan identifies three architectural styles in the Heart of Boynton District. The three architectural styles are Mission, Frame Vernacular and Mediterranean. The BBCRA Plan recommends “that when building in this District, new development shall utilize one of these styles”. The BBCRA Plan also notes that the Cottage District should be developed with single-family for- sale homes in the style of the surrounding historic cottages. The surrounding cottages are primarily frame vernacular. Pulte’s plan proposes two architectural styles in keeping with the recommendations of the BBCRA Plan. We are proposing the Florida Mediterranean which is consistent with the BBCRA Plan’s Mediterranean Revival 342 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 39 Proposed Project Plan | 4 style and includes one and two-story structures, stucco finishes, gable and hip roofs with shingle tiles, window and door surrounds, decorative horizontal banding and graceful arches. Select plans also include columns and corbels. We are also proposing a Frame Vernacular style – Florida Coastal – which draws from Boynton Beach’s coastal identity and is consistent with the styles identified by the BBCRA. This style features stucco finishes, board and batten detailing, gable and hip roofs with shingles, rafters and decorative banding. In order to provide further consistency within Pulte’s plan, the single-family units will be offered in both architectural styles while the townhomes will be in the Florida Mediterranean. The architectural styles are also in keeping with the design guidelines contained in the City’s Land Development Regulations. Further, the RFP provides a variety of sample elevations including Mediterranean, Coastal, Craftsman and Caribbean. Both of our architectural styles, Florida Mediterranean and Florida Coastal, are consistent with the sample elevations contained in the RFP. The 2009 The Downtown Vision and Master Plan (“2009 DMP”) notes that while the area does not have a “signature look or style, the creation of a City’s identity … establishing urban design guidelines that will promote the vernacular architecture”. The 2009 DMP points to architectural structures that can be used as a “basis for future design guidelines” such as the Women’s Club and Old School House. The 2009 DMP further notes that the neighborhoods are predominantly a continuous network of streets in a grid pattern. The 2009 DMP also notes that land uses and densities should “ensure a logical and clear transition linking the downtown core to surrounding areas”. Pulte’s plan has taken each of the above recommendations into consideration. Specifically, our architectural style mirrors the Mediterranean Revival of the Women’s Club and the Old School House. We retain and complement the existing grid pattern of the neighborhood and our proposed density of 9.2 units per acre serves as a clear transition between the 2009 DMP and BBCRA Plan recommendations for higher densities in the urban core and the surrounding area as well as a transition to the higher densities proposed for the MLK District. The RFP provides Urban Neighborhood Site Plan Concepts including site planning elements for lots, special condition lots and garage design and sitting. Pulte’s plan meets the site planning concepts including an urban streetscape with consistent and minimum setbacks and shade trees and other landscaping to define the front yards and street edges and provide for traffic calming. Along the perimeter of the site, each home is sited towards and relates to the street. This pattern continues with the three interior townhome buildings which relate to the interior access drive. The sidewalks and driveways are of the same consistent material, AC units are screened, and garages are set back from the front of the homes on two of the three single family detached plans. Care has been taken to ensure the homes surrounding the pocket park respond to both the park and the street. With respect to garage siting, the driveways are limited to 9’ in width, whenever possible, and the garage is secondary due to being recessed, whenever possible. Description of Housing Units and Housing Types Proposed In an effort to better serve the needs of the surrounding community and residents, Pulte is proposing a mix of housing types including both single family detached and single family attached (townhome); a total of 9 single family and 31 townhome units are proposed across a total of five plans. Specifically, we are proposing three single family detached plans: the Brookwood, the Cedar, and the Highgate as well as two single family attached plans: the Navarre and the Grayton. The single family detached homes are one-story, 3 or 4 bedrooms, 2 baths, and 2 car garages. The single family attached (townhomes) are two story buildings (4, 5, and 7 unit configurations), 3 bedrooms, 2.5 baths, and 1 or 2 car 343 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 40 Proposed Project Plan | 4 garages. The mean roof height of the single family detached homes is 13’9”. The mean roof height of the single family attached homes (townhome) is 25’3” and second floor wall planes are recessed. Additionally, the front facades are articulated to ensure the massing is consistent with the existing homes. The living area of the single family homes range from 1,447 to 1,850 square feet; while the living area of the townhomes are 1,636 square feet. Pulte’s floorplans are consumer driven and the result of extensive consumer research and feedback to create the best in livability. Our plans have flexible, updated floorplans to make the buyers life easier and more enjoyable. The chart below details the total square footage, living area square footage (under air), number of bedrooms, number of bathrooms and garage for each plan as well as the proposed number of each plan. All plans include our signature Build Quality Experience which includes communication with the buyer every step of the way. Pulte Construction Standards meet or exceed those of the industry. We include many energy-efficient and smart home features that help reduce the home’s energy consumption such as radiant barrier roof decking to reduce heat absorption and improve HVAC efficiency, high-efficiency HVAC systems, programmable thermostats, energy-star qualified appliances, low-emissivity windows and compact fluorescent and LED lighting. Pulte homes are built with sustainability in mind. We partner with industry leaders who strive for the same excellence as we do including Lenox, Moen, Mohawk, Shaw, Sherwin-Williams and Whirlpool. Please refer to page 41 for additional building specifications. Model Total Square Footage Living Area Square Footage Bedrooms Bathrooms Height Garage Quantity Single Family Detached (1-Story) Brookwood 2,028 1,447 3 2 13’9”2 car 2 Cedar 2,267 1,662 3 2 13’9”2 car 4 Highgate 2,399 1,850 4 2 13’9”2 car 3 Single Family Attached (2-Story Townhome) Navarre 18’ (interior units)1,874 1,636 3 2.5 25’3”1 car 19 Grayton 20’ (end units)2,084 1,637 3 2.5 25’3”2 car 12 Total Units Proposed 40 Density 9.2 du/ac 344 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 41 Architectural and Design Features ■Monolithic slab and CMU (concrete block) exterior walls with bond beams ■Prefabricated engineered wood truss system for floors and walls ■Stucco textured finish exterior walls and overhangs ■Tamko Heritage architectural shingles (or equivalent) ■Clopay Raised Panel Garage Doors (or equivalent) ■PGT Impact windows second floor ■Hurricane shutters for first floor windows ■Decorative stucco banding per plan ■Decorator selected exterior paint schemes including wall, accent, trim, front door and garage door differentiation ■Decorative pavers for driveways and walk to home ■Exterior gutters per plan ■Exterior hose connection in rear ■Exterior GFI receptacles (one in rear, one in front) ■Coach lights on garages ■Lenox 15 SEER air conditioning system with programmable digital thermostat ■Fully irrigated lot with oversized trees, shrubs and sod per plan Interior ■Knockdown drywall finish on ceilings and walls ■White flat paint on all ceilings and walls, white semi- gloss on all doors and trims ■R-30 ceiling insulation, R4.1 foil on exterior masonry walls ■Colonist, molded, hollow core 2 panel interior doors ■Whirlpool Energy star rated kitchen appliances including refrigerator, dishwasher, microwave, range, washer, and dryer ■Decorative 2 ¼” casing on all swing doors and 3 ¼” baseboards in all rooms ■Lever door hardware on all interior doors ■ITS 17” tile flooring in kitchen, dining, and bathrooms (or equivalent) ■Moen chrome bath fixtures ■Shaw carpet in bedrooms and gathering room ■Wood window sills ■Generous bedroom and linen closets and kitchen pantry closets per plan ■Ventilated “free glide” vinyl coated metal closet shelving ■Minimum 50-gallon electric water heater ■Minimum 150 amp electric service ■Decora rocker light switches throughout home with standard receptacles ■Smoke/carbon detectors per code ■RG6 and CAT 5E data/cable in all bedrooms and living rooms ■Energy rated designer LED lighting fixture package including downlights With respect to the minimum energy efficiency guidelines contained in Attachment F “Energy Efficiency Guidelines Checklist” of the Cottage District RFP, Pulte certifies that we meet and exceed all elements. Pulte Homes Building Specifications Examples of architectural design 345 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 42 Proposed Project Plan | 4 Public Benefits As outlined above, the Pulte plan provides many public benefits to the community at-large and the Boynton Beach CRA. Each benefit is summarized below. ■Affordable Housing. One of the tantamount benefits is the provision of 40 new affordable homes, consistent with the Palm Beach County Workforce Housing program, with no CRA assistance or reliance on any other public/tax funding source. Units will be sold to households at 80 to 140% area median income (AMI), with the majority sold to households at the 80 to 120% AMI. ■Preservation and Enhancement of Existing Single Family Community. The Pulte plan is designed to be integrated within the existing community and proposes two architectural styles which are complementary to the surrounding neighborhood and consistent with the Heart of Boynton recommendations contained in the BBCRA Plan. ■Walkable Pedestrian Scale Environment. The Pulte plan provides pedestrian enhancements through an interconnecting network of sidewalks and pathways throughout the site. ■Enhancement of Streetscape. The Pulte plan provides on-street parking, decorative streetlights, larger than code street trees and a perimeter sidewalk all of which are designed to enhance the streetscape and provide traffic calming. ■Public Park. The Pulte plan provides a neighborhood park along NE 1st Street that features landscaping, hardscaping, a shade structure, lighting feature and connects to the dual use passive recreation/dry retention area, thereby expanding the recreational opportunities. This park will be deeded to the City of Boynton Beach but may be maintained by the Pulte HOA. ■Bus Shelter. The Pulte plan provides for a bus shelter along NE 1st Street. Pulte will work with the CRA and the Palm Beach County School District to ensure the shelter is utilized. ■Efficient and Sustainable Homes. Pulte’s construction practices maximize efficiency and sustainability which helps with ongoing affordability. ■Increase City of Boynton Beach Tax Base. Increase the City’s tax base by $8,400,440 based projected sales prices. ■No CRA Funding. Pulte’s plan does not require any CRA funding freeing up $385,825 allocated for the Cottage District for other CRA projects and priorities. ■Community Engagement. Utilize our existing local vendor base including vendors located within the CRA boundaries and identify and recruit new vendors to ensure that that local businesses and residents benefit from this development initiative 346 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 44 SINGLE FAMILY - BROOKWOOD Proposed Project Plan | 4 3 Bedrooms | 2 Bathrooms | 2 Car Garage | 1,447 SQ FT EQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Brookwood Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2020 Pulte Homes, Inc. First Floor 144740'-0"50'-8"Zone CMU OPT. OPT. Covered Lanai 4' GARAGE EXT. OPT OPT. TRAY OPT. DROPPED TRAY Shower Walk-In @ Owner's Bath OPT. OPT. TRAY OPT. DROPPED TRAYOPT. ODKEQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Brookwood Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2020 Pulte Homes, Inc. First Floor 144740'-0"50'-8"Zone CMU OPT. OPT. Covered Lanai 4' GARAGE EXT. OPT OPT. TRAY OPT. DROPPED TRAY Shower Walk-In @ Owner's Bath OPT. OPT. TRAY OPT. DROPPED TRAYOPT. ODKOption 347 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 45 SINGLE FAMILY - CEDAR Proposed Project Plan | 4 EQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Cedar Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2020 Pulte Homes, Inc. First Floor 1,66240'-0"58'-0"Zone CMU OPT. OPT. Covered Lanai Extension 4' GARAGE EXT. OPT Owner's Bath 2 Kitchen Layout 4 Sliding Glass Door @ Gathering Room OPT. TRAY OPT. DROPPED TRAY OPT. OPT.OPT. ODKOPT. ODKOPT. ODK3 Bedrooms | 2 Bathrooms | 2 Car Garage | 1,662 SQ FT EQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Cedar Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2020 Pulte Homes, Inc. First Floor 1,66240'-0"58'-0"Zone CMU OPT. OPT. Covered Lanai Extension 4' GARAGE EXT. OPT Owner's Bath 2 Kitchen Layout 4 Sliding Glass Door @ Gathering Room OPT. TRAY OPT. DROPPED TRAY OPT. OPT.OPT. ODKOPT. ODKOPT. ODKOption 348 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 46 SINGLE FAMILY - HIGHGATE Proposed Project Plan | 4 EQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Highgate Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2020 Pulte Homes, Inc. First Floor 1,85040'-0"60'-0"Zone CMU OPT. Covered Lanai Extension Owner's Bath 2 Kitchen Layout 4 OPT. OPT. OPT. 4' GARAGE EXT. OPT OPT. DROPPED TRAY OPT. TRAY OPT. ODKOPT. ODK4 Bedrooms | 2 Bathrooms | 2 Car Garage | 1,850 SQ FT EQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Highgate Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2020 Pulte Homes, Inc. First Floor 1,85040'-0"60'-0"Zone CMU OPT. Covered Lanai Extension Owner's Bath 2 Kitchen Layout 4 OPT. OPT. OPT. 4' GARAGE EXT. OPT OPT. DROPPED TRAY OPT. TRAY OPT. ODKOPT. ODKOption 349 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 47 Proposed Project Plan | 4 SINGLE FAMILY ATTACHED - GRAYTON AND NAVARRE Proposed plan utilizes 4, 5, and 7 unit configurations GraytonExterior Unit NavarreInterior Unit 350 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 48 Proposed Project Plan | 4 SINGLE FAMILY ATTACHED - GRAYTON AND NAVARRE 3 Bedrooms | 2.5 Bathrooms | 2 Car Garage | 2 Floors | 1,637 SQ FT 3 Bedrooms | 2.5 Bathrooms | 1 Car Garage | 2 Floors | 1,636 SQ FT FIRST FLOORSECOND FLOORFIRST FLOORSECOND FLOOR351 © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS NE 4TH AVEN SEACREST BLVD50'51'12'13' 100'110' 60'50'100' 25' 6' S/W 5' S/W 5' S/W 1 2 3 4 5 6 7 8 9 13 141516171819 BUILDING A 6 UNITS BUILDING C 8 UNITS BUILDING B 6 UNITS 20' 14' 50'50' 20' 20' 5' S/W5' S/W 10' R.O.W. DEDICATION10' R.O.W. DEDICATION 10' R.O.W. DEDICATION 5' S/W 12 11 10 DRY DETENTION 0.47 AC. 4 W BOYNTON BEACH BLVD N SEACREST BLVDPROJECT SITE BBCRA - PLAN - CSP-01_R1.DWGCADBenjamin Valente P:\PLACE\NEW PROJECT - Boynton Cottage District\Concepts\BBCRA - PLAN - CSP-01_R1.dwg ---- Plotted: 8/9/2022 5:30:53 PM Saved: 8/9/2022 5:16:40 PMSHEET:NO.DATEDESCRIPTIONBYREVISIONSCSP-01_R1PROPOSED COTTAGE DISTRICTCONCEPTUAL SITE PLAN #01####2022-8-09BPVSDPSCALE: 1" = 30' 0 15 30 60 JOB NO.DATEDRAWN BYCHECK BY2035 Vista Parkway, West Palm Beach, FL 33411Phone No. 866.909.2220 www.wginc.comCert No. 6091 - LB No. 7055LOCATION MAP SITE AREA TOTAL UNITS SINGLE-FAMILY TOWNHOME (MULTI-FAMILY) DENSITY PARKING REQUIRED SINGLE-FAMILY TOWNHOME GUEST 4.7 AC. 39 19 20 8.3 D.U. PER AC. 1 SP. PER BEDROOM 2 SP. PER UNIT 0.15 SP. PER MULTI-FAMILY UNIT 352 Browning Model Chapman Model Hamden Model Craftsman Coastal Mediterranean (CRA Board Selected Option) 353 354 Pulte Home Company, LLC Cottage District Exhibit D consists of the following items: •Proposed site plan showing which plan goes on which lot. Plans have been predesignated to comply with the anti-monotony requirements in the PSA. •Renderings depicting Coastal elevations for the THs and the SF. •Floorplan brochures for each plan •Draft color schemes (one for each TH building and six for the SF units). SF color schemes will be assigned by the builder prior to permitting. •Proposed project schedule •Proposed project budget Both townhome plans, the Cobalt and the Latitude, will be offered for sale at the Palm Beach County Workforce Housing Program Low Income Category. The 2022 sales price for the Low Income category is $189,630. This sales price and household income ranges are adjusted annually by Palm Beach County, typically in July. We will use the sales price in effect at the time of sale. The three single family plans, the Chapman, Browning and Hamden, will be offered for sale at the Palm Beach County Workforce Housing Program Moderate 1 Income Category. The 2022 sales price for the Moderate 1 Income category is $243,810. This sales price and household income ranges are adjusted annually by Palm Beach County, typically in July. We will use the sales price in effect at the time of sale. 355 © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS NE 4TH AVEN SEACREST BLVD1 2 3 4 1617 BUILDING C 6 UNITS 5 6 7 8 9 10 11 12 13 14 15 DRY DETENTION 0.60 AC. C L C L C L NE 5TH AVENUE NE 1ST STREETR15', TYP. R15', TYP. 6' S/W 5' S/W 5' S/W 10' R.O.W. DEDICATION10' R.O.W. DEDICATION 10' R.O.W. DEDICATION 5' S/W 40' R.O.W. 100'100' 50'52.5' 50' 50' 100' 19' 10' 15' 11.9' 24' 10' 10' 5' LANDSCAPE BUFFER 20' 20' 6.6' 100' 50' 50' 50' 50' 109.6'109.6' 55'50'45'58.6'56.8'40'40'50'50' 20'2' V.G. 5' S/W 5' S/W 20' TYP. 31.8' 27.5' 27.5' 20' TYP. 30.3' 5' S/W 26.9' 20' TYP. BUILDING D 4 UNITS POCKET PARK (0.19 AC.) 20' TYP. 24' 10' 20' 30' 20' ACCESS/MAINTENANCE EASEMENT 2' V.G. 50'50' 1819 BUILDING A 6 UNITS BUILDING B 6 UNITS 85.8' 56.7' CHAPMAN CHAPMAN CHAPMAN CHAPMAN BROWNING BROWNING BROWNING HANDEM CHAPMAN HAMDEN HAMDEN BROWNING BROWNING BROWNING 10.6' 5' 5' 5' 7.5' 7.5' 5'13.6' 11.8' 5' 5'5' 5' 5' 5' 5' 14.3' 5' 5' 5' 5' 5' 5' 5' 5' 5' 5' 25' TYP.25' TYP. 6.6' 21.3' 17' 21.3' 21.3' 18.4' 17.1' 21.3'17' 26.8'21.3' 26' 37.2'30.9'26.6' 5' HAMDEN 5' 5' 26.8' 47.3' 100' 47.3' 10' U.E. 10' U.E.10' U.E. 10' U.E. 10' U.E. 80' 30' 40' 50' 50' 50' 47.3' 120' 50' 50' 25' TYP. 80' 47.3' 50' 10' U.E. 10' U.E. 120' 5' 25' TYP. 11.8' 20.7'10' 12.9' 17' 5' 21.4' 25' TYP. HAMDEN BROWNING CHAPMAN HAMDEN W BOYNTON BEACH BLVD N SEACREST BLVDPROJECT SITE 852100 - PL -LOTFIT_R1.DWGCADRoosevelt Castillo P:\8500\8521.00 Boyton Bch CRA Cottage D\PLAN\CAD\Exhibits\852100 - PL - LOTFIT_R1.dwg ---- Plotted: 1/25/2023 12:27:06 PM Saved: 1/19/2023 12:08:38 PMSHEET:NO.DATEDESCRIPTIONBYREVISIONSEX-1PROPOSED COTTAGE DISTRICTLOT FIT VERSION 18521.002022-10-19BPVSDPJOB NO.DATEDRAWN BYCHECK BYR2035 Vista Parkway, West Palm Beach, FL 33411Phone No. 866.909.2220 www.wginc.comCert No. 6091 - LB No. 7055LOCATION MAP SCALE: 1" = 30' 0 15 30 60 SITE AREA TOTAL UNITS SINGLE-FAMILY TOWNHOME (MULTI-FAMILY) DENSITY UNIT MIX (AS SHOWN) BROWNING CHAPMAN HAMDEN 4.7 AC. 41 19 22 8.7 D.U. PER AC. 19 7 6 6 12022-10-19INITIAL LOT FIT CONCEPTBPVBROWNING MODEL HAMDEN MODEL CHAPMAN MODEL 50.7' 40' 30' 45.3' 58' 40' 356 2 CAR GARAGE 19'-4" x 19'-9" BEDROOM 3 11'-0" x 10'-6" BEDROOM 2 11'-0" x 10'-6" OWNER'S SUITE 13'-5" x 12'-11" GATHERING ROOM 13'-5" x 18'-2" CAFE 11'-2" x 8'-10" KITCHEN WIC LAUN BATH 2 L L FOYER O. BATH P EQUAL HOUSING OPPORTUNITY DEPTH WIDTH SQ FTG Browning Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. (c) Copyright 2021 Pulte Homes, Inc. First Floor 144740'-0" 50'-8" BOYNTON COTTAGE DISTRICT UNDER AIR 357 Browning358 COVERED LANAI 13'-0" x 9'-0" CAFE 11'-5" x 13'-2" OWNER'S SUITE 13'-8" x 12'-10" KITCHEN BEDROOM 2 12'-5" x 10'-6" BEDROOM 3 10'-1" x 10'-8" FOYER LAUN P BATH 2 O. BATH 2 CAR GARAGE 20'-1" x 20'-2" L WIC GATHERING ROOM 16'-11" x 16'-8" EQUAL HOUSING OPPORTUNITY DEPTH WIDTH SQ FTG Chapman Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. (c) Copyright 2019 Pulte Homes, Inc. First Floor 1,66240'-0" 58'-0" BOYNTON COTTAGE DISTRICT UNDER AIR 359 Chapman360 CAFE 11'-0" x 8'-0" KITCHEN STORAGE GATHERING ROOM 17'-8" x 19'-8" PR FOYER 2 CAR GARAGE 20'-2" x 20'-2" P PORCH EQUAL HOUSING OPPORTUNITY DEPTH WIDTH SQ FTG Hamden Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. (c) Copyright 2021 Pulte Homes, Inc. First Floor 1,82230'-0" 45'-3" UP LINE OF FLOOR ABOVE BOYNTON COTTAGE DISTRICT UNDER AIR 361 L LAUNDRY WIC O. BATH OWNER'S SUITE 13'-0" x 14'-4" BEDROOM 2 11'-9" x 10'-9" BA. 2 L BEDROOM 3 10'-5" x 10'-4" EQUAL HOUSING OPPORTUNITY DEPTH WIDTH SQ FTG Hamden Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. (c) Copyright 2021 Pulte Homes, Inc. Second Floor 1,82230'-0" 45'-3" DN BOYNTON COTTAGE DISTRICT UNDER AIR 362 Hamden363 1st Floor (Stucco or Siding)SW 7006 Extra White (238 239 234)SW 6203 Spare White (228 228 221)SW 7003 Toque White (231 226 218)SW 9136 Lullaby (203 212 212)SW 7672 Knitting Needles (195 193 188)SW 0052 Pearl Gray (203 206 197)Loft SidingSW 7006 Extra White (238 239 234)SW 6203 Spare White (228 228 221)SW 7003 Toque White (231 226 218)SW 9136 Lullaby (203 212 212)SW 7672 Knitting Needles (195 193 188)SW 0052 Pearl Gray (203 206 197)2nd Floor SidingSW 7006 Extra White (238 239 234)SW 6203 Spare White (228 228 221)SW 7003 Toque White (231 226 218)SW 9137 Niebla Azul (182 195 196)SW 7066 Gray Matters (167 168 162)SW 0052 Pearl Gray (203 206 197)Trim SW 7006 Extra White (238 239 234)SW 0052 Pearl Gray (203 206 197)SW 7658 Gray Clouds (183 183 178)SW 7070 Site White (220 222 220)SW 7067 Cityscape (127 129 126)SW 6203 Spare White (228 228 221)Accent SW 7006 Extra White (238 239 234)SW 0052 Pearl Gray (203 206 197)SW 7671 On The Rocks (208 206 200)SW 9138 Stardew (166 178 181)SW 7570 Egret White (223 217 207)SW 6203 Spare White (228 228 221)Front Door SW 6989 Domino (53 51 55) SW 6214 Underseas (124 142 135)SW 7603 Poolhouse (128 149 160)SW 7076 Cyberspace (68 72 77)SW 7624 Slate Tile (96 110 116)SW 6223 Stillwater (74 93 95)Garage DoorSW 7006 Extra White (238 239 234)SW 0052 Pearl Gray (203 206 197)SW 7658 Gray Clouds (183 183 178)SW 7070 Site White (220 222 220)SW 7570 Egret White (223 217 207)SW 6203 Spare White (228 228 221)ShuttersSW 6989 Domino (53 51 55) SW 6214 Underseas (124 142 135)SW 7603 Poolhouse (128 149 160)SW 7076 Cyberspace (68 72 77)SW 7570 Egret White (223 217 207)SW 6223 Stillwater (74 93 95)Tamko Heritage Asphalt ShingleThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyPaver ‐ Tremrom 4x8 BrickGranite Granite Granite Granite Granite GraniteGutters, Windows & FenceLow Gloss White Low Gloss WhiteLow Gloss WhiteLow Gloss White Low Gloss White Low Gloss WhiteCoastal Color Schemes ‐ SFCO1 CO2 CO3 CO4CO5CO6364 BOYNTON COTTAGE DISTRICT UNDER AIR 365 BOYNTON COTTAGE DISTRICT UNDER AIR 366 6 Unit A 367 6 unit A 1st Floor (Stucco or Siding)SW 9161 Dustblu (149 155 160)SW 9137 Niebla Azul (182 195 196)SW 6203 Spare White (228 228 221)SW 6203 Spare White (228 228 221)SW 9137 Niebla Azul (182 195 196)SW 9161 Dustblu (149 155 160)Loft SidingSW 9161 Dustblu (149 155 160)SW 9137 Niebla Azul (182 195 196)SW 6203 Spare White (228 228 221)SW 6203 Spare White (228 228 221)SW 9137 Niebla Azul (182 195 196)SW 9161 Dustblu (149 155 160)2nd Floor SidingSW 6253 Olympus White (212 216 215)SW 9139 Debonair (144 160 166)SW 6203 Spare White (228 228 221)SW 6203 Spare White (228 228 221)SW 9139 Debonair (144 160 166)SW 6253 Olympus White (212 216 215)Trim SW 7005 Pure White (237 236 230)SW 7006 Extra White (238 239 234)SW 0052 Pearl Gray (203 206 197)SW 0052 Pearl Gray (203 206 197)SW 7006 Extra White (238 239 234)SW 7005 Pure White (237 236 230)Accent SW 7005 Pure White (237 236 230)SW 7006 Extra White (238 239 234)SW 0052 Pearl Gray (203 206 197)SW 0052 Pearl Gray (203 206 197)SW 7006 Extra White (238 239 234)SW 7005 Pure White (237 236 230)Front DoorSW 0068 Copen Blue (194 204 196)SW 7076 Cyberspace (68 72 77)SW 6214 Underseas (124 142 135)SW 6214 Underseas (124 142 135)SW 7076 Cyberspace (68 72 77)SW 0068 Copen Blue (194 204 196)Garage Door SW 6253 Olympus White (212 216 215)SW 7006 Extra White (238 239 234)SW 0052 Pearl Gray (203 206 197)SW 0052 Pearl Gray (203 206 197)SW 7006 Extra White (238 239 234)SW 6253 Olympus White (212 216 215)ShuttersSW 0068 Copen Blue (194 204 196)SW 7076 Cyberspace (68 72 77)SW 6214 Underseas (124 142 135)SW 6214 Underseas (124 142 135)SW 7076 Cyberspace (68 72 77)SW 0068 Copen Blue (194 204 196)Shingle Roof Tamko Heritage Thunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyPaver ‐ Tremrom 4x8 BrickGranite Granite Granite Granite Granite GraniteGutters, Windows & FenceLow Gloss White Low Gloss White Low Gloss White Low Gloss White Low Gloss White Low Gloss White** Fence not included in plans, this is just noting color for future ARB approval.Bold DustbluBold DustbluCoastal Niebla Azul Coastal Spare White Coastal Spare White Coastal Niebla Azul368 6 Unit B 369 6 unit B 1st Floor (Stucco or Siding)SW 7672 Knitting Needles (195 193 188)SW 7003 Toque White (231 226 218)SW 9136 Lullaby (203 212 212)SW 9136 Lullaby (203 212 212)SW 7003 Toque White (231 226 218)SW 7672 Knitting Needles (195 193 188)Loft SidingSW 7672 Knitting Needles (195 193 188)SW 7003 Toque White (231 226 218)SW 9136 Lullaby (203 212 212)SW 9136 Lullaby (203 212 212)SW 7003 Toque White (231 226 218)SW 7672 Knitting Needles (195 193 188)2nd Floor SidingSW 7066 Gray Matters (167 168 162)SW 7003 Toque White (231 226 218)SW 9137 Niebla Azul (182 195 196)SW 9137 Niebla Azul (182 195 196)SW 7003 Toque White (231 226 218)SW 7066 Gray Matters (167 168 162)Trim SW 7067 Cityscape (127 129 126)SW 7658 Gray Clouds (183 183 178)SW 7070 Site White (220 222 220)SW 7070 Site White (220 222 220)SW 7658 Gray Clouds (183 183 178)SW 7067 Cityscape (127 129 126)Accent SW 7570 Egret White (223 217 207)SW 7671 On The Rocks (208 206 200)SW 9138 Stardew (166 178 181)SW 9138 Stardew (166 178 181)SW 7671 On The Rocks (208 206 200)SW 7570 Egret White (223 217 207)Front DoorSW 7624 Slate Tile (96 110 116)SW 7603 Poolhouse (128 149 160)SW 7076 Cyberspace (68 72 77)SW 7076 Cyberspace (68 72 77)SW 7603 Poolhouse (128 149 160)SW 7624 Slate Tile (96 110 116)Garage Door SW 7570 Egret White (223 217 207)SW 7658 Gray Clouds (183 183 178)SW 7070 Site White (220 222 220)SW 7070 Site White (220 222 220)SW 7658 Gray Clouds (183 183 178)SW 7570 Egret White (223 217 207)ShuttersSW 7570 Egret White (223 217 207)SW 7603 Poolhouse (128 149 160)SW 7076 Cyberspace (68 72 77)SW 7076 Cyberspace (68 72 77)SW 7603 Poolhouse (128 149 160)SW 7570 Egret White (223 217 207)Shingle Roof Tamko Heritage Thunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyPaver ‐ Tremrom 4x8 BrickGranite Granite Granite Granite Granite GraniteGutters, Windows & FenceLow Gloss White Low Gloss White Low Gloss White Low Gloss White Low Gloss White Low Gloss White** Fence not included in plans, this is just noting color for future ARB approval.Coastal Knitting NeedlesCoastal Knitting NeedlesCoastal Toque WhiteCoastal Toque White Coastal LullabyCoastal Lullaby370 Project Schedule Milestone Date Notes Effective Date Feb-23 All dates below are based on an Effective Date of 2/14/2023 Initial Deposit Due Feb-23 Feasibility Period Ends Jun-23 120 Days Second Deposit Due Jun-23 Submit applications for site plan and zoning Aug-23 Submit within 60 days after Feasibility Period Ends Site plan and zoning applications approved April-24 Assumes an 8-month approval process Seek closing extension due to plat not being approved June-24 12 months from the end of the Feasibility Period Plat approved Aug-24 Assumes a 4-month approval process after site plan approval (non-concurrent review) Land Closing Sept-24 Close within 30 days of plat approval Purchaser shall submit building permits Oct-24 PSA requires by 180 days from Closing, Purchaser planning 60 days after plat issuance Land Development Commences Oct-24 Assumes site work / utility permits obtained during plat review City issuance of the building permits Dec-24 60 days from Purchaser submitting building permits Purchaser shall commence construction Mar-25 PSA requires by 90 days from permit issuance, 5 months after land development commences First Home Completed (CO) Sep-25 6 months from commencing construction Final Home Completed May-26 14 months from commencing construction Purchaser shall obtain CO for the final dwelling unit of the Project Mar-27 Outside date to get last CO 371 Total Project Cost Townhome Budget Purchase Price/Unit $36,622.222 Land Development Cost/Unit $40,395 Engineering/Pre-acq Costs/Unit $4,847.39 Hard Costs/Unit $31,911.99 Soft Costs/Unit $3,635.54 House Cost/Unit $186,326 Hard Cost/Unit $162,272.80 Soft Costs, Permits & Fees/Unit $24,053.58 Total Budget/Unit $263,344 Single-Family Budget Purchase Price/Unit $91,555.556 Land Development Cost/Unit $51,936 Engineering/Pre-acq Costs/Unit $6,232.36 Hard Costs/Unit $41,029.70 Soft Costs/Unit $4,674.27 House Cost/Unit $195,186 Hard Cost/Unit $167,492.16 Soft Costs, Permits & Fees/Unit $27,693.38 Total Budget/Unit $338,677 Total Project Cost $11,701,742 372 373 374 375 376 1475 Centrepark Blvd, Suite 140, West Palm Beach, FL 33401 May 28, 2024 Mr. Timothy Tack, Assistant Director/Ac�ng Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 Dear Timothy: Please find a copy of the fifth written report required by the Purchase and Development Agreement (PDA) between the Boynton Beach Community Redevelopment Agency (CRA) and Pulte Home Company, LLC for the Cottage District project. Feasibility Period The Feasibility Period expired on June 26, 2023. PDA Amendment CRA/Pulte signed the First Amendment on September 13, 2023. The First Amendment removes the construction cost cap, allows us to finalize the Restrictive Covenant before Closing and requires plat submittal within 90 days of site plan approval. Development Deadlines The PDA outlines development-related deadlines and summarizes them in the attached table. Pulte submitted the site plan, master plan, and rezoning applications on June 7, 2023. City staff provided comments on July 7, 2023. Pulte resubmitted on August 14, 2023, with staff comments due on August 30, 2023. Staff issued comments on September 7, 2023. We resubmitted on October 25, 2023 and we received the comments on November 21, 2023. Site plan, rezoning and variance approvals were obtained on February 6, 2024. Pulte submitted the plat on February 27, 2024, received comments on April 12, 2024 and resubmitted on May 6, 2024 and we anticipate staff comments by early June. Closing Extension On May 14, 2024, the CRA Board approved our request for a 6-month extension to close from June 26, 2024, to December 26, 2024. The motion approving the requested extension required Board approval of a Second Amendment which will be before the Board at its July meeting. Developers Agreement On April 26, 2024, we received the draft Developer's Agreement, we provided our comments on May 20, 2024, and have requested a with the applicable City Team Members in late May or early June to finalize the agreement. This meeting has not yet been scheduled. Sales and Marketing Deadlines The First Amendment to the PDA extends the timeframe for the Form of Restrictive Covenant to Prior to Closing. CRA staff approved the Form of Restrictive Covenant on February 13, 2024. 377 1475 Centrepark Blvd, Suite 140, West Palm Beach, FL 33401 Please let us know if you have any questions. We look forward to continuing to work with you on this exciting and important project. Sincerely, Aimee Craig Carlson, AICP Director of Land Planning and Entitlement Attachment: PDA Deadlines 378 Boynton Beach CRA and Pulte Home Company PDA Deadlines Event Due Date Status Development Deadlines Obtain approval from Asset Management Committee Prior to expiration of feasibility period– 6/26/23 Pulte provided notice to the CRA on 6/26/23. Submit applications for platting, site plan and zoning Within 60 days of second deposit – 9/1/23 Applications for site plan, master plan and zoning were submitted on 6/7/23. City comments received in July. We resubmitted in 8/14/23, received comments on 9/7/2023, we resubmitted on 10/25/2023 and received comments on 11/21/2023. Site plan, rezoning and variance approvals were obtained on 2/6/2024. Pulte submitted the plat on 2/27/2024, received comments on 4/12/2024 and resubmitted on 5/6/2024 and we anticipate staff comments by early June. Provide a copy of all HOA governing documents Prior to Site Plan Approval DCCRs were submitted on 1/22/24. Submit Plat 90 days within Site Plan Approval Pulte submitted the plat on 2/27/2024, received comments on 4/12/2024 and resubmitted on 5/6/2024 and we anticipate staff comments by early June. Obtain all site plan and development permit approvals Within twelve months after application Site plan and rezoning approval obtained in February 2024. Closing Date *Earlier of 30 days 1) after the last of the Closing Conditions has been satisfied or 2) 12 months after the end of the Feasibility period. On 5/14/2024, the CRA Board approved our request for a 6- month extension to close from 6/26/2024, to 12/26/2024. The motion approving the requested extension required Board approval of a Second Amendment which will be before the Board at its July meeting. Submit building permits Within 180 days of site plan approval, unless City requires additional approvals before permit can be submitted Date TBD Commence site work Within 90 days of land development permit issuance Date TBD Commence construction of dwelling units Within 90 days of first five building permits Date TBD Obtain Final Certificate of Occupancy Within two years of commencing construction of the first dwelling unit Date TBD 379 * CRA staff will bring the Second Amendment back before the Board in July 2024 (June meeting was cancelled). The amendment will include a whereas clause that the Board voted to extend prior to the expirations and will include a reference in the recitals along the line of: “… the parties ratify and affirm…”. Event Due Date Status Sales and Marketing Deadlines Form of restrictive covenant Prior to Closing (Due Date updated in the First Amendment) Draft restrictive covenant provided to CRA staff on 6/12/23. Comments received from staff on 6/26/23 and Pulte responded to the comments on 7/18/23. CRA staff responded on 2/13/24 approving the draft. Groundbreaking Ceremony Prior to or simultaneously with the commencement of construction of the first unit Date TBD Implementation of sales and marketing plan and launch project website No later than 60 days after Commencement of Construction of the first dwelling unit Date TBD Notify seller that units will be sold via lottery At least 45 days prior Date TBD Ribbon Cutting Ceremony Prior to closing, or within 60 days thereafter, of the first unit Date TBD 380 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 ANNOUNCEMENTS AND AWARDS AGENDA ITEM 9.A SUBJECT: Boynton Beach Night Market Announcement SUMMARY: On Saturday, July 27, 2024, from 6:00 p.m. to 11:00 p.m. the BBCRA will host the Boynton Beach Night Market at the Centennial Park & Amphitheater, located at 120 East Ocean Avenue. The free event will feature a variety of Boynton Beach restaurants, retailers, and professional service providers that will be exhibiting their goods and services to event attendees. Attendees will be encouraged to visit local BBCRA area businesses to "glow up" while learning about their services. Information about BBCRA projects and initiatives will be disseminated during the event. The family-friendly event will also feature fun games and activities, live music from the bands Spred the Dub and Making Faces, and much more. Free parking will be available at the following locations: Street parking along East Ocean Avenue City Hall parking lots located on the southeast corner of Boynton Beach Boulevard and Seacrest Boulevard Parking lots located at 115 N. Federal Highway First Baptist Boynton, located at 301 N. Seacrest Boulevard Please see Attachment I for the branded promotional poster that will be distributed to businesses throughout the BBCRA area and at City of Boynton Beach municipal buildings. FISCAL IMPACT: FY 2023-2024 Budget, Project Fund, Line Item 02-58500-480 $65,000. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required from the CRA Board at this time. ATTACHMENTS: 381 •Attachment I - Boynton Beach Night Market Promotional Poster Description 382 383 •Attachment I - May 2024 Financial Summary.pdf COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 CONSENT AGENDA AGENDA ITEM 11.A SUBJECT: CRA Financial Report Period Ending May 31, 2024 SUMMARY: CRA Financial Services staff is providing the CRA Board with the May 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 May 31, 2024. ATTACHMENTS: Description 384 General Fund Projects Fund Debt Service Fund Total Governmental Funds REVENUES Tax increment revenue 21,555,333 - - 21,555,333 Marina Rent & Fuel Sales 1,546,186 - - 1,546,186 Contributions and donations - - - - Interest and other income 240,247 495,079 32,933 768,260 Total revenues 23,341,766 495,079 32,933 23,869,779 EXPENDITURES General government 2,969,030 - - 2,969,030 Redevelopment projects - 6,091,524 - 6,091,524 Debt service:- Principal - - - - Interest and other charges - - 87,235 87,235 Total expenditures 2,969,030 6,091,524 87,235 9,147,789 20,372,737 (5,596,445) (54,302) 14,721,990 OTHER FINANCING SOURCES (USES) Funds Transfers in - 17,139,098 2,135,817 19,274,915 Funds Transfers out (19,274,915) - - (19,274,915) Total other financing sources (uses) (19,274,915) 17,139,098 2,135,817 - Net change in fund balances 1,097,822 11,542,653 2,081,515 14,721,990 Fund balances - beginning of year 4,460,185 13,283,370 176,014 17,919,569 Fund balances - end of year 5,558,007 24,826,023 2,257,529 32,641,559 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 - May 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. 1 385 Original Budget Final Budget Actual REVENUES Tax increment revenue 21,496,558$ 21,496,558$ 21,555,333 Marina Rent & Fuel Sales 1,100,000 1,100,000 1,546,186 Interest and other income - - 240,247 Other financing sources (uses) - 1,678,357 - Total revenues 22,596,558 24,274,915 23,341,766 EXPENDITURES General government 5,000,000 5,104,949 2,969,030 Total expenditures 5,000,000 5,104,949 2,969,030 17,596,558 19,169,966 20,372,737 OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (17,596,558) (19,274,915) (19,274,915) Total other financing sources (uses) (17,596,558) (19,274,915) (19,274,915) Net change in fund balances -$ (104,949)$ 1,097,822 Fund balances - beginning of year 4,460,185 Fund balances - end of year 5,558,007 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 - May 31, 2024 The notes to the basic financial statements are an integral part of this statement. 1 386 6/4/2024 3:22:34 PM Page 1 of 5 Detail vs Budget Report Boynton Beach CRA, FL Account Summary Date Range: 05/01/2024 - 05/31/2024 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01 - GENERAL FUND Revenue 01-41000 T.I.F. COLLECTIONS 58,775.00-21,555,333.000.00-21,555,333.00-21,496,558.000.00 0.27% 01-42115 MARINA RENTS -2,807.11-97,192.89-12,794.00-84,398.89-100,000.000.00 -2.81% 01-42116 MISCELLANEOUS RENTS FRO PROPER 172,565.44-172,565.44-21,929.69-150,635.750.000.00 0.00% 01-42117 MARINA FUEL SALES 276,987.72-1,276,987.72-244,687.80-1,032,299.92-1,000,000.000.00 27.70% 01-42118 MARINA MISC INCOME -559.66559.66-1,905.812,465.470.000.00 0.00% 01-46100 INTEREST INCOME 85,739.96-85,739.96-5,705.75-80,034.210.000.00 0.00% 01-47200 IN KIND REVENUE 100,529.36-100,529.36-10,911.17-89,618.190.000.00 0.00% 01-48100 MISCELLANEOUS INCOME 53,977.78-53,977.78-3,878.60-50,099.180.000.00 0.00% 01-49100 OTHER FINANCING SOURCES -1,678,357.000.000.000.00-1,678,357.000.00 -100.00% Revenue Totals:0.00 -24,274,915.00 -23,039,953.67 -301,812.82 -23,341,766.49 -933,148.51 -3.84% Expense 01-51010-200 CONTRACTUAL EXPENSE 34,979.5910,038.16477.259,560.9145,017.750.00 77.70% 01-51010-216 ADVERTISING & PUBLIC NOTICES 7,792.97207.030.00207.038,000.000.00 97.41% 01-51010-225 ASSOC. MEETINGS & SEMINARS 23,882.504,662.50-104.634,767.1328,545.000.00 83.67% 01-51010-227 DELIVERY SERVICES 111.00139.000.00139.00250.000.00 44.40% 01-51010-310 OFFICE SUPPLIES 253.99146.0182.8063.21400.000.00 63.50% 01-51230-100 PERSONNEL SERVICES 204,130.37241,505.6519,661.80221,843.85445,636.020.00 45.81% 01-51230-115 CAR ALLOWANCE 5,033.354,566.65276.924,289.739,600.000.00 52.43% 01-51230-225 ASSOC. MEETINGS & SEMINARS 14,097.671,402.330.001,402.3315,500.000.00 90.95% 01-51230-226 MEMBERSHIP DUES 11,457.085,842.920.005,842.9217,300.000.00 66.23% 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 1,858.29641.7190.83550.882,500.000.00 74.33% 01-51230-315 POSTAGE 2,700.00300.000.00300.003,000.000.00 90.00% 01-51230-340 CELLULAR PHONES 1,755.83744.1796.45647.722,500.000.00 70.23% 01-51230-355 SUBSCRIPTIONS 556.66443.340.00443.341,000.000.00 55.67% 01-51230-360 BOOKS & PUBLICATIONS 300.000.000.000.00300.000.00 100.00% 01-51230-400 EQUIPMENT COSTS 1,990.019.990.009.992,000.000.00 99.50% 01-51325-100 PERSONNEL SERVICES 85,007.29156,843.7118,603.99138,239.72241,851.000.00 35.15% 01-51325-115 CAR ALLOWANCE 1,246.182,353.82276.922,076.903,600.000.00 34.62% 01-51325-200 CONTRACTUAL EXPENSE 125.00175.000.00175.00300.000.00 41.67% 01-51325-201 BANK FEES 5,751.56248.4413.48234.966,000.000.00 95.86% 01-51325-225 ASSOC. MEETINGS & SEMINARS 9,100.21149.79112.4537.349,250.000.00 98.38% 01-51325-226 MEMBERSHIP DUES 1,320.83179.170.00179.171,500.000.00 88.06% 01-51325-227 DELIVERY COSTS 219.9780.0335.5244.51300.000.00 73.32% 387 Detail vs Budget Report Date Range: 05/01/2024 - 05/31/2024 6/4/2024 3:22:34 PM Page 2 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51325-229 CAREER DEVELOPMENT 5,000.000.000.000.005,000.000.00 100.00% 01-51325-310 OFFICE SUPPLIES 1,478.40521.60121.92399.682,000.000.00 73.92% 01-51325-340 CELLULAR PHONES 1,279.77720.2396.45623.782,000.000.00 63.99% 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 1,934.0066.000.0066.002,000.000.00 96.70% 01-51325-400 EQUIPMENT COSTS 1,000.000.000.000.001,000.000.00 100.00% 01-51410-213 GENERAL PROPERTY COVERAGE 131,382.11209,133.890.00209,133.89340,516.000.00 38.58% 01-51420-200 CONTRACTUAL EXPENSE 22,260.2536,739.75400.0036,339.7559,000.000.00 37.73% 01-51420-201 CONTRACT LEGAL 109,102.0078,898.009,696.5069,201.50181,000.00-7,000.00 60.28% 01-51420-202 WEBSITE HOSTING, REDESIGN & MAINT 4,355.3316,969.614,547.6312,421.9837,139.9815,815.04 11.73% 01-51420-204 CITY STAFF COSTS 18,164.0011,427.000.0011,427.0029,591.000.00 61.38% 01-51440-100 PERSONNEL SERVICES 64,574.22139,577.7815,763.20123,814.58204,152.000.00 31.63% 01-51440-225 ASSOC. MEETINGS & SEMINARS 4,213.993,486.011,247.452,238.567,700.000.00 54.73% 01-51440-226 MEMBERSHIP DUES 2,091.66258.34200.0058.342,350.000.00 89.01% 01-51440-227 DELIVERY SERVICES 471.7428.260.0028.26500.000.00 94.35% 01-51440-229 CAREER DEVELOPMENT 7,976.24173.760.00173.768,150.000.00 97.87% 01-51440-310 OFFICE SUPPLIES 566.58433.4290.82342.601,000.000.00 56.66% 01-51440-340 CELLULAR PHONES 531.53668.4790.00578.471,200.000.00 44.29% 01-51440-355 SUBSCRIPTIONS 1,119.34880.6633.00847.662,000.000.00 55.97% 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 4,321.31678.690.00678.695,000.000.00 86.43% 01-51620-201 PROPERTY TAXES & ASSOC. DUES 61,562.6988,437.310.0088,437.31150,000.000.00 41.04% 01-51620-202 MARINA POLICE 26,761.1820,411.106,481.2013,929.9040,691.08-6,481.20 65.77% 01-51620-205 RENTAL OF OFFICES 12,581.1817,418.827,776.009,642.8230,000.000.00 41.94% 01-51620-208 EQUIPMENT LEASES 9,555.323,483.32400.583,082.7412,638.06-400.58 75.61% 01-51620-209 PROPERTY MAINTENENCE COST 335,254.24143,375.7622,750.53120,625.23478,890.00260.00 70.01% 01-51620-210 IN KIND EXPENSE -100,529.36100,529.3610,911.1789,618.190.000.00 0.00% 01-51620-211 VEHICLE MAINTENANCE / FUEL 9,511.51488.490.00488.4910,000.000.00 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 16,864.243,135.76398.602,737.1620,000.000.00 84.32% 01-51620-326 WATER CHARGES 17,506.612,493.39336.752,156.6420,000.000.00 87.53% 01-51630-200 CONTRACTUAL 150.00450.000.00450.00600.000.00 25.00% 01-51630-209 PROPERTY MAINTENENCE 48,106.8742,893.134,918.3937,974.7491,000.000.00 52.86% 01-51630-241 MARINA FUEL MANAGEMENT 70,675.52160,070.4820,788.81139,281.67230,746.000.00 30.63% 01-51630-242 MARINE FUEL STATION OVERHEAD 32,251.1027,748.905,161.4122,587.4960,000.000.00 53.75% 01-51630-310 OFFICE SUPPLIES 704.36495.64240.98254.661,200.000.00 58.70% 01-51630-325 ELECTRIC COSTS 1,695.987,304.021,165.416,138.619,000.000.00 18.84% 01-51630-326 WATER COSTS 2,495.703,504.30978.752,525.556,000.000.00 41.60% 01-51630-327 GASOLINE & DEISEL FUEL PURCHAS -146,482.81836,657.81195,477.87641,179.94690,175.000.00 -21.22% 01-51630-328 MARINA DIESEL SALES TAX 6,198.7611,080.242,296.468,783.7817,279.000.00 35.87% 01-51650-200 CONTRACTUAL EXPENSE 1,800.000.000.000.001,800.000.00 100.00% 388 Detail vs Budget Report Date Range: 05/01/2024 - 05/31/2024 6/4/2024 3:22:34 PM Page 3 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51650-210 CITY IT SUPPORT 22,949.007,587.000.007,587.0030,536.000.00 75.15% 01-51650-211 COMPUTER SOFTWARE & LICENSES 4,000.000.000.000.004,000.000.00 100.00% 01-51650-212 FINANCIAL SOFTWARE MAINTENANCE 32,965.5829,534.420.0029,534.4262,500.000.00 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 67,987.3784,179.639,782.0074,397.63152,167.000.00 44.68% 01-57400-216 ADVERTISING & PUBLIC NOTICES 32,720.0015,280.004,325.0010,955.0048,000.000.00 68.17% 01-57400-218 ANNUAL REPORT & BROCHURES 4,920.0080.000.0080.005,000.000.00 98.40% 01-57400-225 ASSOC. MEETINGS & SEMINARS 9,755.60244.4052.00192.4010,000.000.00 97.56% 01-57400-226 MEMBERSHIP DUES 4,470.835,829.170.005,829.1710,300.000.00 43.41% 01-57400-227 DELIVERY SERVICES 1,478.1621.840.0021.841,500.000.00 98.54% 01-57400-229 CAREER DEVELOPMENT 3,988.54511.460.00511.464,500.000.00 88.63% 01-57400-236 PHOTOGRAPHY / VIDEOS 20,000.000.000.000.0020,000.000.00 100.00% 01-57400-310 OFFICE SUPPLIES 500.46999.5490.82908.721,500.000.00 33.36% 01-57400-340 CELLULAR PHONES 926.451,073.55140.50933.052,000.000.00 46.32% 01-57400-355 SUBSCRIPTIONS 1,243.67656.330.00656.331,900.000.00 65.46% 01-57400-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-57400-365 OFFICE PRINTING COSTS 3,216.53783.47102.24681.234,000.000.00 80.41% 01-57500-100 PERSONNEL SERVICES 70,875.3867,132.627,846.6259,286.00138,008.000.00 51.36% 01-57500-225 ASSOC. MEETINGS & SEMINARS 9,730.93269.07169.9699.1110,000.000.00 97.31% 01-57500-226 MEMBERSHIP DUES 495.83504.170.00504.171,000.000.00 49.58% 01-57500-229 CAREER DEVELOPMENT 6,468.69531.3151.31480.007,000.000.00 92.41% 01-57500-310 OFFICE SUPPLIES 1,210.58789.42125.80663.622,000.000.00 60.53% 01-57500-340 CELLULAR PHONES 240.00360.0045.00315.00600.000.00 40.00% 01-57500-355 SUBSCRIPTIONS 200.00300.00100.00200.00500.000.00 40.00% 01-57500-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-59000-151 F.I.C.A.42,820.2937,179.714,374.3932,805.3280,000.000.00 53.53% 01-59000-152 MEDICARE 9,210.8810,789.121,023.049,766.0820,000.000.00 46.05% 01-59000-153 RETIREMENT PLAN 401(a)147,180.00202,820.0021,082.00181,738.00350,000.000.00 42.05% 01-59000-154 WORKERS COMP INSURANCE 12,872.142,127.86514.161,613.7015,000.000.00 85.81% 01-59000-155 HEALTH INSURANCE 179,632.1720,367.83619.3219,748.51200,000.000.00 89.82% 01-59000-156 DENTAL INSURANCE 12,103.482,896.52659.342,237.1815,000.000.00 80.69% 01-59000-157 LIFE INSURANCE 11,326.00425.0045.00380.0011,751.000.00 96.38% 01-59000-158 SHORT / LONG TERM DISABILITY 5,256.274,743.73486.374,257.3610,000.000.00 52.56% 01-59000-159 UNEMPLOYMENT CHARGES 10,000.000.000.000.0010,000.000.00 100.00% 01-59000-160 VISION INSURANCE 4,623.89376.1182.40293.715,000.000.00 92.48% 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 0.0017,139,098.000.0017,139,098.0017,139,098.000.00 0.00% Expense Totals:2,193.26 24,379,863.87 21,840,234.05 403,710.93 22,243,944.98 2,133,725.63 8.75% 01 - GENERAL FUND Totals:2,193.26 104,948.87 -1,199,719.62 101,898.11 -1,097,821.51 1,200,577.12 02 - PROJECTS FUND 389 Detail vs Budget Report Date Range: 05/01/2024 - 05/31/2024 6/4/2024 3:22:34 PM Page 4 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining Revenue 02-44100 FESTIVAL & EVENT INCOME 12,703.50-12,703.50-500.00-12,203.500.000.00 0.00% 02-46100 INTEREST INCOME 455,146.31-455,146.31-65,580.45-389,565.860.000.00 0.00% 02-47100 APPLICATION FEES 1,701.05-1,701.05-100.21-1,600.840.000.00 0.00% 02-48100 MISCELLANEOUS INCOME 25,528.52-25,528.5233,231.48-58,760.000.000.00 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 0.00-17,139,098.000.00-17,139,098.00-17,139,098.000.00 0.00% Revenue Totals:0.00 -20,767,504.00 -17,601,228.20 -32,949.18 -17,634,177.38 -3,133,326.62 -15.09% Expense 02-58100-202 CONTINGENCY EXPENSE 200,000.000.000.000.00200,000.000.00 100.00% 02-58100-203 CONTRACTUAL EXPENSE 1,062,500.00246,000.002,350.00243,650.001,308,500.000.00 81.20% 02-58100-213 LEGAL FEES 171,870.5078,129.5018,146.0059,983.50250,000.000.00 68.75% 02-58200-401 BUILDINGS 3,872,721.692,511,690.09983,564.801,528,125.295,404,411.78-980,000.00 71.66% 02-58200-402 IMPROVEMENTS 1,306,513.000.000.000.001,306,513.000.00 100.00% 02-58200-404 CONSTRUCTION IN PROGRESS 212,795.337,937.090.007,937.09220,732.420.00 96.40% 02-58200-405 SITE WORK AND DEMOLITION FEES 328,460.9322,114.1313,036.369,077.77350,000.00-575.06 93.85% 02-58200-406 INFRASTRUCTURE AND STREETSCAPE 9,845,249.841,979,793.040.001,979,793.0411,825,042.880.00 83.26% 02-58400-443 DIFA-ECONOMIC DEVELOPMENT 266,848.00394,319.000.00394,319.00661,167.000.00 40.36% 02-58400-444 ECONOMIC DEVELOPMENT GRANTS 1,346,247.83292,991.6944,634.15248,357.541,735,423.4696,183.94 77.57% 02-58400-445 MARKETING INCENTIVES 263,337.4220,637.581,275.0019,362.58283,975.000.00 92.73% 02-58500-460 COMMUNITY POLICING INNOVATIONS 778,635.38290,431.550.00290,431.551,069,066.930.00 72.83% 02-58500-470 COMMUNITY SUPPORT PROJECTS 400,000.001,119.641,119.640.00400,000.00-1,119.64 100.00% 02-58500-480 COMMUNITY SPECIAL EVENTS 327,638.97246,361.0339,443.70206,917.33574,000.000.00 57.08% Expense Totals:-885,510.76 25,588,832.47 4,987,954.69 1,103,569.65 6,091,524.34 20,382,818.89 79.66% 02 - PROJECTS FUND Totals:-885,510.76 4,821,328.47 -12,613,273.51 1,070,620.47 -11,542,653.04 17,249,492.27 03 - DEBT SERVICE Revenue 03-46100 INTEREST INCOME 32,933.48-32,933.48-5,721.81-27,211.670.000.00 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 -2,163,028.67 -5,721.81 -2,168,750.48 32,933.48 1.54% 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 59,644.4756,297.530.0056,297.53115,942.000.00 51.44% 03-59800-826 BOND 2015 INTEREST 30,937.4930,937.510.0030,937.5161,875.000.00 50.00% 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 87,235.04 0.00 87,235.04 2,048,581.96 95.92% 03 - DEBT SERVICE Totals:0.00 0.00 -2,075,793.63 -5,721.81 -2,081,515.44 2,081,515.44 Report Total:-883,317.50 4,926,277.34 -15,888,786.76 1,166,796.77 -14,721,989.99 20,531,584.83 390 Detail vs Budget Report Date Range: 05/01/2024 - 05/31/2024 6/4/2024 3:22:34 PM Page 5 of 5 Fund Summary Fund Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 2,193.26 104,948.87 -1,199,719.62 101,898.11 -1,097,821.51 1,200,577.1201 - GENERAL FUND -885,510.76 4,821,328.47 -12,613,273.51 1,070,620.47 -11,542,653.04 17,249,492.2702 - PROJECTS FUND 0.00 0.00 -2,075,793.63 -5,721.81 -2,081,515.44 2,081,515.4403 - DEBT SERVICE Report Total:-883,317.50 4,926,277.34 -15,888,786.76 1,166,796.77 -14,721,989.99 20,531,584.83 391 •Attachment I - June 2024 Financial Summary.pdf COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 CONSENT AGENDA AGENDA ITEM 11.B SUBJECT: CRA Financial Report Period Ending June 30, 2024 SUMMARY: CRA Financial Services staff is providing the CRA Board with the June 30, 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 June 30, 2024. ATTACHMENTS: Description 392 General Fund Projects Fund Debt Service Fund Total Governmental Funds REVENUES Tax increment revenue 21,555,333 - - 21,555,333 Marina Rent & Fuel Sales 1,715,267 - - 1,715,267 Contributions and donations - - - - Interest and other income 258,082 555,164 38,485 851,731 Total revenues 23,528,682 555,164 38,485 24,122,330 EXPENDITURES General government 3,315,939 - - 3,315,939 Redevelopment projects - 9,786,540 - 9,786,540 Debt service:- Principal - - - - Interest and other charges - - 87,235 87,235 Total expenditures 3,315,939 9,786,540 87,235 13,189,715 20,212,743 (9,231,377) (48,750) 10,932,615 OTHER FINANCING SOURCES (USES) Funds Transfers in - 17,139,098 2,135,817 19,274,915 Funds Transfers out (19,274,915) - - (19,274,915) Total other financing sources (uses) (19,274,915) 17,139,098 2,135,817 - Net change in fund balances 937,828 7,907,721 2,087,067 10,932,615 Fund balances - beginning of year 4,460,185 13,283,370 176,014 17,919,569 Fund balances - end of year 5,398,013 21,191,091 2,263,081 28,852,184 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 - June 30, 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. 1 393 Original Budget Final Budget Actual REVENUES Tax increment revenue 21,496,558$ 21,496,558$ 21,555,333 Marina Rent & Fuel Sales 1,100,000 1,100,000 1,715,267 Interest and other income - - 258,082 Other financing sources (uses) - 1,678,357 - Total revenues 22,596,558 24,274,915 23,528,682 EXPENDITURES General government 5,000,000 5,104,949 3,315,939 Total expenditures 5,000,000 5,104,949 3,315,939 17,596,558 19,169,966 20,212,743 OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (17,596,558) (19,274,915) (19,274,915) Total other financing sources (uses) (17,596,558) (19,274,915) (19,274,915) Net change in fund balances -$ (104,949)$ 937,828 Fund balances - beginning of year 4,460,185 Fund balances - end of year 5,398,013 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 - June 30, 2024 The notes to the basic financial statements are an integral part of this statement. 1 394 7/2/2024 9:25:52 AM Page 1 of 5 Detail vs Budget Report Boynton Beach CRA, FL Account Summary Date Range: 06/01/2024 - 06/30/2024 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01 - GENERAL FUND Revenue 01-41000 T.I.F. COLLECTIONS 58,775.00-21,555,333.000.00-21,555,333.00-21,496,558.000.00 0.27% 01-42115 MARINA RENTS 9,986.89-109,986.89-12,794.00-97,192.89-100,000.000.00 9.99% 01-42116 MISCELLANEOUS RENTS FRO PROPER 194,495.13-194,495.13-21,929.69-172,565.440.000.00 0.00% 01-42117 MARINA FUEL SALES 414,099.94-1,414,099.94-137,112.22-1,276,987.72-1,000,000.000.00 41.41% 01-42118 MARINA MISC INCOME -3,315.263,315.262,755.60559.660.000.00 0.00% 01-46100 INTEREST INCOME 90,451.22-90,451.22-4,711.26-85,739.960.000.00 0.00% 01-47200 IN KIND REVENUE 111,440.53-111,440.53-10,911.17-100,529.360.000.00 0.00% 01-48100 MISCELLANEOUS INCOME 56,190.46-56,190.46-2,212.68-53,977.780.000.00 0.00% 01-49100 OTHER FINANCING SOURCES -1,678,357.000.000.000.00-1,678,357.000.00 -100.00% Revenue Totals:0.00 -24,274,915.00 -23,341,766.49 -186,915.42 -23,528,681.91 -746,233.09 -3.07% Expense 01-51010-200 CONTRACTUAL EXPENSE 34,727.5910,290.16252.0010,038.1645,017.750.00 77.14% 01-51010-216 ADVERTISING & PUBLIC NOTICES 7,792.97207.030.00207.038,000.000.00 97.41% 01-51010-225 ASSOC. MEETINGS & SEMINARS 23,882.504,662.500.004,662.5028,545.000.00 83.67% 01-51010-227 DELIVERY SERVICES 111.00139.000.00139.00250.000.00 44.40% 01-51010-310 OFFICE SUPPLIES 253.99146.010.00146.01400.000.00 63.50% 01-51230-100 PERSONNEL SERVICES 184,468.57261,167.4519,661.80241,505.65445,636.020.00 41.39% 01-51230-115 CAR ALLOWANCE 4,756.434,843.57276.924,566.659,600.000.00 49.55% 01-51230-225 ASSOC. MEETINGS & SEMINARS 13,946.351,553.65151.321,402.3315,500.000.00 89.98% 01-51230-226 MEMBERSHIP DUES 11,229.586,070.42227.505,842.9217,300.000.00 64.91% 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 1,832.73667.2725.56641.712,500.000.00 73.31% 01-51230-315 POSTAGE 2,600.00400.00100.00300.003,000.000.00 86.67% 01-51230-340 CELLULAR PHONES 1,659.38840.6296.45744.172,500.000.00 66.38% 01-51230-355 SUBSCRIPTIONS 556.66443.340.00443.341,000.000.00 55.67% 01-51230-360 BOOKS & PUBLICATIONS 300.000.000.000.00300.000.00 100.00% 01-51230-400 EQUIPMENT COSTS 1,990.019.990.009.992,000.000.00 99.50% 01-51325-100 PERSONNEL SERVICES 66,403.31175,447.6918,603.98156,843.71241,851.000.00 27.46% 01-51325-115 CAR ALLOWANCE 969.262,630.74276.922,353.823,600.000.00 26.92% 01-51325-200 CONTRACTUAL EXPENSE 125.00175.000.00175.00300.000.00 41.67% 01-51325-201 BANK FEES 5,738.08261.9213.48248.446,000.000.00 95.63% 01-51325-225 ASSOC. MEETINGS & SEMINARS 9,100.21149.790.00149.799,250.000.00 98.38% 01-51325-226 MEMBERSHIP DUES 1,320.83179.170.00179.171,500.000.00 88.06% 01-51325-227 DELIVERY COSTS 219.9780.030.0080.03300.000.00 73.32% 395 Detail vs Budget Report Date Range: 06/01/2024 - 06/30/2024 7/2/2024 9:25:52 AM Page 2 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51325-229 CAREER DEVELOPMENT 5,000.000.000.000.005,000.000.00 100.00% 01-51325-310 OFFICE SUPPLIES 1,452.95547.0525.45521.602,000.000.00 72.65% 01-51325-340 CELLULAR PHONES 1,183.32816.6896.45720.232,000.000.00 59.17% 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 1,934.0066.000.0066.002,000.000.00 96.70% 01-51325-400 EQUIPMENT COSTS 1,000.000.000.000.001,000.000.00 100.00% 01-51410-213 GENERAL PROPERTY COVERAGE 131,382.11209,133.890.00209,133.89340,516.000.00 38.58% 01-51420-200 CONTRACTUAL EXPENSE 22,260.2536,739.750.0036,739.7559,000.000.00 37.73% 01-51420-201 CONTRACT LEGAL 102,102.0085,898.007,000.0078,898.00181,000.00-7,000.00 56.41% 01-51420-202 WEBSITE HOSTING, REDESIGN & MAINT 20,170.3717,732.87763.2616,969.6137,139.98-763.26 54.31% 01-51420-204 CITY STAFF COSTS 18,164.0011,427.000.0011,427.0029,591.000.00 61.38% 01-51440-100 PERSONNEL SERVICES 48,811.02155,340.9815,763.20139,577.78204,152.000.00 23.91% 01-51440-225 ASSOC. MEETINGS & SEMINARS 4,213.993,486.010.003,486.017,700.000.00 54.73% 01-51440-226 MEMBERSHIP DUES 2,091.66258.340.00258.342,350.000.00 89.01% 01-51440-227 DELIVERY SERVICES 471.7428.260.0028.26500.000.00 94.35% 01-51440-229 CAREER DEVELOPMENT 7,976.24173.760.00173.768,150.000.00 97.87% 01-51440-310 OFFICE SUPPLIES 519.14480.8647.44433.421,000.000.00 51.91% 01-51440-340 CELLULAR PHONES 441.53758.4790.00668.471,200.000.00 36.79% 01-51440-355 SUBSCRIPTIONS 1,086.34913.6633.00880.662,000.000.00 54.32% 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 4,321.31678.690.00678.695,000.000.00 86.43% 01-51620-201 PROPERTY TAXES & ASSOC. DUES 58,336.6991,663.313,226.0088,437.31150,000.000.00 38.89% 01-51620-202 MARINA POLICE 20,279.9822,660.732,249.6320,411.1040,691.08-2,249.63 49.84% 01-51620-205 RENTAL OF OFFICES 12,581.1817,418.820.0017,418.8230,000.000.00 41.94% 01-51620-208 EQUIPMENT LEASES 9,154.743,882.43399.113,483.3212,638.06-399.11 72.44% 01-51620-209 PROPERTY MAINTENENCE COST 326,416.58159,244.6715,868.91143,375.76478,890.00-6,771.25 68.16% 01-51620-210 IN KIND EXPENSE -111,440.53111,440.5310,911.17100,529.360.000.00 0.00% 01-51620-211 VEHICLE MAINTENANCE / FUEL 9,463.64536.3647.87488.4910,000.000.00 94.64% 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 16,139.243,860.76725.003,135.7620,000.000.00 80.70% 01-51620-326 WATER CHARGES 17,219.062,780.94287.552,493.3920,000.000.00 86.10% 01-51630-200 CONTRACTUAL 150.00450.000.00450.00600.000.00 25.00% 01-51630-209 PROPERTY MAINTENENCE 42,934.9248,065.085,171.9542,893.1391,000.000.00 47.18% 01-51630-241 MARINA FUEL MANAGEMENT 49,886.71180,859.2920,788.81160,070.48230,746.000.00 21.62% 01-51630-242 MARINE FUEL STATION OVERHEAD 25,802.4434,197.566,448.6627,748.9060,000.000.00 43.00% 01-51630-310 OFFICE SUPPLIES 615.18584.8289.18495.641,200.000.00 51.27% 01-51630-325 ELECTRIC COSTS 280.388,719.621,415.607,304.029,000.000.00 3.12% 01-51630-326 WATER COSTS 1,106.004,894.001,389.703,504.306,000.000.00 18.43% 01-51630-327 GASOLINE & DEISEL FUEL PURCHAS -303,724.59993,899.59157,241.78836,657.81690,175.000.00 -44.01% 01-51630-328 MARINA DIESEL SALES TAX 4,827.8412,451.161,370.9211,080.2417,279.000.00 27.94% 01-51650-200 CONTRACTUAL EXPENSE 1,800.000.000.000.001,800.000.00 100.00% 396 Detail vs Budget Report Date Range: 06/01/2024 - 06/30/2024 7/2/2024 9:25:52 AM Page 3 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51650-210 CITY IT SUPPORT 22,949.007,587.000.007,587.0030,536.000.00 75.15% 01-51650-211 COMPUTER SOFTWARE & LICENSES 4,000.000.000.000.004,000.000.00 100.00% 01-51650-212 FINANCIAL SOFTWARE MAINTENANCE 32,965.5829,534.420.0029,534.4262,500.000.00 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 58,205.3793,961.639,782.0084,179.63152,167.000.00 38.25% 01-57400-216 ADVERTISING & PUBLIC NOTICES 30,666.0017,334.002,054.0015,280.0048,000.000.00 63.89% 01-57400-218 ANNUAL REPORT & BROCHURES 4,920.0080.000.0080.005,000.000.00 98.40% 01-57400-225 ASSOC. MEETINGS & SEMINARS 9,755.60244.400.00244.4010,000.000.00 97.56% 01-57400-226 MEMBERSHIP DUES 3,995.836,304.17475.005,829.1710,300.000.00 38.79% 01-57400-227 DELIVERY SERVICES 1,478.1621.840.0021.841,500.000.00 98.54% 01-57400-229 CAREER DEVELOPMENT 3,988.54511.460.00511.464,500.000.00 88.63% 01-57400-236 PHOTOGRAPHY / VIDEOS 20,000.000.000.000.0020,000.000.00 100.00% 01-57400-310 OFFICE SUPPLIES 428.781,071.2271.68999.541,500.000.00 28.59% 01-57400-340 CELLULAR PHONES 785.951,214.05140.501,073.552,000.000.00 39.30% 01-57400-355 SUBSCRIPTIONS 1,243.67656.330.00656.331,900.000.00 65.46% 01-57400-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-57400-365 OFFICE PRINTING COSTS 3,216.53783.470.00783.474,000.000.00 80.41% 01-57500-100 PERSONNEL SERVICES 61,599.7876,408.229,275.6067,132.62138,008.000.00 44.63% 01-57500-225 ASSOC. MEETINGS & SEMINARS 8,166.051,833.951,564.88269.0710,000.000.00 81.66% 01-57500-226 MEMBERSHIP DUES 495.83504.170.00504.171,000.000.00 49.58% 01-57500-229 CAREER DEVELOPMENT 6,468.69531.310.00531.317,000.000.00 92.41% 01-57500-310 OFFICE SUPPLIES 1,002.26997.74208.32789.422,000.000.00 50.11% 01-57500-340 CELLULAR PHONES 195.00405.0045.00360.00600.000.00 32.50% 01-57500-355 SUBSCRIPTIONS 100.00400.00100.00300.00500.000.00 20.00% 01-57500-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-59000-151 F.I.C.A.38,443.7341,556.274,376.5637,179.7180,000.000.00 48.05% 01-59000-152 MEDICARE 8,187.3311,812.671,023.5510,789.1220,000.000.00 40.94% 01-59000-153 RETIREMENT PLAN 401(a)127,487.00222,513.0019,693.00202,820.00350,000.000.00 36.42% 01-59000-154 WORKERS COMP INSURANCE 12,872.142,127.860.002,127.8615,000.000.00 85.81% 01-59000-155 HEALTH INSURANCE 173,200.8226,799.186,431.3520,367.83200,000.000.00 86.60% 01-59000-156 DENTAL INSURANCE 12,103.482,896.520.002,896.5215,000.000.00 80.69% 01-59000-157 LIFE INSURANCE 11,281.00470.0045.00425.0011,751.000.00 96.00% 01-59000-158 SHORT / LONG TERM DISABILITY 4,769.905,230.10486.374,743.7310,000.000.00 47.70% 01-59000-159 UNEMPLOYMENT CHARGES 10,000.000.000.000.0010,000.000.00 100.00% 01-59000-160 VISION INSURANCE 4,623.89376.110.00376.115,000.000.00 92.48% 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 0.0017,139,098.000.0017,139,098.0017,139,098.000.00 0.00% Expense Totals:-17,183.25 24,379,863.87 22,243,944.98 346,909.38 22,590,854.36 1,806,192.76 7.41% 01 - GENERAL FUND Totals:-17,183.25 104,948.87 -1,097,821.51 159,993.96 -937,827.55 1,059,959.67 02 - PROJECTS FUND 397 Detail vs Budget Report Date Range: 06/01/2024 - 06/30/2024 7/2/2024 9:25:52 AM Page 4 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining Revenue 02-44100 FESTIVAL & EVENT INCOME 16,478.50-16,478.50-3,775.00-12,703.500.000.00 0.00% 02-46100 INTEREST INCOME 511,355.44-511,355.44-56,209.13-455,146.310.000.00 0.00% 02-47100 APPLICATION FEES 1,801.05-1,801.05-100.00-1,701.050.000.00 0.00% 02-48100 MISCELLANEOUS INCOME 25,528.52-25,528.520.00-25,528.520.000.00 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 0.00-17,139,098.000.00-17,139,098.00-17,139,098.000.00 0.00% Revenue Totals:0.00 -20,767,504.00 -17,634,177.38 -60,084.13 -17,694,261.51 -3,073,242.49 -14.80% Expense 02-58100-202 CONTINGENCY EXPENSE 200,000.000.000.000.00200,000.000.00 100.00% 02-58100-203 CONTRACTUAL EXPENSE 1,062,500.00246,000.000.00246,000.001,308,500.000.00 81.20% 02-58100-213 LEGAL FEES 154,357.5095,642.5017,513.0078,129.50250,000.000.00 61.74% 02-58200-401 BUILDINGS 2,892,721.692,511,690.090.002,511,690.095,404,411.780.00 53.53% 02-58200-402 IMPROVEMENTS 1,278,513.0028,000.0028,000.000.001,306,513.000.00 97.86% 02-58200-404 CONSTRUCTION IN PROGRESS 212,795.3354,996.1747,059.087,937.09220,732.42-47,059.08 96.40% 02-58200-405 SITE WORK AND DEMOLITION FEES 292,368.8425,683.663,569.5322,114.13350,000.0031,947.50 83.53% 02-58200-406 INFRASTRUCTURE AND STREETSCAPE 9,845,249.845,529,793.043,550,000.001,979,793.0411,825,042.88-3,550,000.00 83.26% 02-58400-443 DIFA-ECONOMIC DEVELOPMENT 266,848.00394,319.000.00394,319.00661,167.000.00 40.36% 02-58400-444 ECONOMIC DEVELOPMENT GRANTS 1,442,431.77315,294.3422,302.65292,991.691,735,423.46-22,302.65 83.12% 02-58400-445 MARKETING INCENTIVES 263,052.1220,922.88285.3020,637.58283,975.000.00 92.63% 02-58500-460 COMMUNITY POLICING INNOVATIONS 778,635.38290,431.550.00290,431.551,069,066.930.00 72.83% 02-58500-470 COMMUNITY SUPPORT PROJECTS 398,880.361,119.640.001,119.64400,000.000.00 99.72% 02-58500-480 COMMUNITY SPECIAL EVENTS 301,352.40272,647.6026,286.57246,361.03574,000.000.00 52.50% Expense Totals:-3,587,414.23 25,588,832.47 6,091,524.34 3,695,016.13 9,786,540.47 19,389,706.23 75.77% 02 - PROJECTS FUND Totals:-3,587,414.23 4,821,328.47 -11,542,653.04 3,634,932.00 -7,907,721.04 16,316,463.74 03 - DEBT SERVICE Revenue 03-46100 INTEREST INCOME 38,484.78-38,484.78-5,551.30-32,933.480.000.00 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 -2,168,750.48 -5,551.30 -2,174,301.78 38,484.78 1.80% 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 59,644.4756,297.530.0056,297.53115,942.000.00 51.44% 03-59800-826 BOND 2015 INTEREST 30,937.4930,937.510.0030,937.5161,875.000.00 50.00% 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 87,235.04 0.00 87,235.04 2,048,581.96 95.92% 03 - DEBT SERVICE Totals:0.00 0.00 -2,081,515.44 -5,551.30 -2,087,066.74 2,087,066.74 Report Total:-3,604,597.48 4,926,277.34 -14,721,989.99 3,789,374.66 -10,932,615.33 19,463,490.15 398 Detail vs Budget Report Date Range: 06/01/2024 - 06/30/2024 7/2/2024 9:25:52 AM Page 5 of 5 Fund Summary Fund Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining -17,183.25 104,948.87 -1,097,821.51 159,993.96 -937,827.55 1,059,959.6701 - GENERAL FUND -3,587,414.23 4,821,328.47 -11,542,653.04 3,634,932.00 -7,907,721.04 16,316,463.7402 - PROJECTS FUND 0.00 0.00 -2,081,515.44 -5,551.30 -2,087,066.74 2,087,066.7403 - DEBT SERVICE Report Total:-3,604,597.48 4,926,277.34 -14,721,989.99 3,789,374.66 -10,932,615.33 19,463,490.15 399 •Attachment I - May 7, 2024 CRA Meeting Minutes COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 CONSENT AGENDA AGENDA ITEM 11.C SUBJECT: Approval of the CRA Board Meeting Minutes for May 7, 2024 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the May 7, 2024 CRA Board Meeting Minutes. ATTACHMENTS: Description 400 401 402 403 404 405 406 407 •Attachment I - May 14, 2024 CRA Meeting Minutes COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 CONSENT AGENDA AGENDA ITEM 11.D SUBJECT: Approval of the CRA Board Meeting Minutes for May 14, 2024 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the May 14, 2024 CRA Board Meeting Minutes. ATTACHMENTS: Description 408 409 410 411 412 413 414 415 416 417 418 419 420 •Attachment I - 05-14-2024 Minutes Approving 2nd Amend to P&D-Pulte Cottage District •Attachment II - May 6, 2024 Pulte Closing Extension Letter •Attachment III - Second Amendment to P&D-Pulte Executed COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 CONSENT AGENDA AGENDA ITEM 11.E SUBJECT: Approval of the Second Amendment to the Purchase and Development Agreement for the Cottage District Infill Housing Redevelopment Project SUMMARY: On May 14, 2024, the CRA Board approved Pulte Home Company, LLC's request to extend the closing date on the Cottage District Properties (Attachment I & II). The Second Amendment to the Purchase and Development Agreement has been prepared by legal counsel and executed by Pulte Home Company, LLC (Attachment III). The Second Amendment extends the closing date to on or before December 26, 2024. If the plat is approved by the City, prior to December 26, 2024, then the closing date would be thirty (30) days after plat approval. FISCAL IMPACT: No Fiscal Impact CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Second Amendment to the Purchase and Development Agreement and allow for Board Chair to sign. ATTACHMENTS: Description 421 422 1475 Centrepark Blvd, Suite 140, West Palm Beach, FL 33401 May 6, 2024 Mr. Timothy Tack, Assistant Director/Ac�ng Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 Dear Timothy, Paragraph 6 of the PDA defines the Closing Date as the earlier of: (i) thirty (30) days after the last of the Closing Conditions has been satisfied, or (ii) twelve (12) months after the end of the Feasibility Period. As we shared at the April CRA meeting, plat approval which is a Closing Condition remains outstanding. We received staff comments two weeks ago and anticipate resubmitting next week. With respect to (ii) above, the relevant date is 6/26/24. Pursuant to Paragraph 6, we are requesting a six (6) month extension to closing, pushing the outside closing date to 12/26/2024. If the plat approval is obtained prior to the outside closing date, closing will be triggered 30 days after. Please let us know if you have any questions. We look forward to continuing to work with you on this exciting and important project. Sincerely, Aimee Craig Carlson, AICP Director of Land Planning and Entitlement 423 424 425 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 CONSENT AGENDA AGENDA ITEM 11.F SUBJECT: Approval of First Addendum to the Purchase and Sale Agreement for the Property Located at 524 NW 3rd Street to Extend Closing Date SUMMARY: On April 9, 2024, the CRA Board approved the purchase of the property located at 524 NW 3rd Street (see Attachment I & II). The parties entered into a Purchase and Sale Agreement on April 9, 2024 (see Attachment III). Per paragraph 5 of the Purchase and Sale Agreement the closing on the property was to take place on or before May 31, 2024. Pursuant to the Schedule B-I of the Title Commitment, the Seller was required to satisfy an Order Imposing Fine/Lien by the City of West Palm Beach for a lien against the Seller's property located at 1016 State Street, West Palm Beach, FL (see Attachments IV & V). The Seller was advised of the lien and has been working diligently to resolve the matter. Unfortunately, the matter was not resolved prior to the closing date of May 31, 2024. Therefore, the Seller requested an extension of the closing date, on the property located at 524 NW 3rd Street, to July 30, 2024 (see Attachment VI). Only the CRA Board can approve an addendum to the agreement. Since the June 2024 CRA Board was cancelled, this meeting was the first available time for the Board to review and discuss the matter. CRA staff and legal supports the Seller's request to extend the closing date to July 30, 2024, since the lien is not on the property the CRA is seeking to purchase. This property is a desirable lot which enables the CRA to continue its mission of providing affordable housing with the Heart of Boynton. FISCAL IMPACT: N/A CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Heart of Boynton District CRA BOARD OPTIONS: 1. Approve the First Addendum to the Purchase and Sale Agreement for the property located at 524 NW 3rd Street to extend the closing date to July 30, 2024. 2. Alternative direction as provided by the CRA Board. ATTACHMENTS: 426 •Attachment I - 04-09-2024 Minutes Approving Purchase of 524 NW 3rd Street •Attachment II - Location Map •Attachment III - Fully Executed Purchase Sale Agree-524 NW 3rd Street •Attachment IV - Title Commitment •Attachment V - WPB Order Imposing Lien on 1016 State Street •Attachment VI - First Addendum to P&S Agreement for 524 NW 3rd Street-signed by Seller Description 427 Meeting Minutes CRA Board Meeting Boynton Beach , FL April 9, 2024 Ms . Miskel said that they look forward to discussing with staff. She requested that the meeting to occur quickly since t hey do not have a luxury of time. Ms. Duhy said if they get started right away, they should be able to come back with revised terms for the next CRA meeting . Ms . Miskel stated that she has a conflict with the next meeting date. She asked if they could host a special meeting or change the date. Board Member Cruz would not be in the support of a special meeting but noted she also has a conflict for the next CRA meeting. She recommended another date. Discussion ensued. There was consensus to hear the item prior to the May 71h City Commission meeting . Ms . Duhy summarized the feedback from the CRA fand next steps for Mr. Abramson . B. Discussion and Consideration of Purchase of 703 S. Federal Highway Mr. Tack introduced the item and provided background. The vacant lot located at 703 S. Federal Highway is a commercial27 ,843.552 square foot (0.6392 acres) vacant lot which appraised at $1 ,568 ,000 .00 (Attachment Ill). The future development of the lots would be mixed-use 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'. He stated that the options are: • Approve the purchase of the vacant lot located at 703 S . Federal Highway in the amount of $1 ,568 ,000.00 and allow the Chair to sign the Purchase and Sale Agreement. • Do not approve the purchase of the vacant lot located at 703 S. Federal Highway. • Alternative direction as provided by the CRA Board. Chair Penserga opened public comment. Ms. Barbara Ready asked if it is large enough to build a new senior center. No virtual comment. Chair Penserga closed public comment. Motion: Board Member Cruz moved to not approve the purchase of the vacant lot at 703 S . Federal Highway. Vice Chair Kelley seconded the motion . The motion passed unanimously . C. Discussion and Consideration of Purchase of 524 NW 3rd Street 428 Meeting Minutes CRA Board Meeting Boynton Beach , FL April 9, 2024 Mr. Tack introduced the item and provided background. The property is approximately 8,476.78 square feet (0.1946 acres) and zoned R1A-Single Family, 6 DU/AC . The future development would be low density residential (LOR) 5 DU/AC. The development potential would allow low density residential with a maximum density of 7.5 units per acre and a maximum height of 45'. The CRA has successfully partnered with Habitat for Humanity and the Boynton Beach Faith Based Community Development Corporation in using such infill lots to fulfill its mission of providing affordable housing within the BBCRA Districts. The property is currently listed for sale at $199 ,999.00 (Attachment Ill) and was appraised on February 17 , 2024 , for $195 ,000.00 (see Attachment IV). The seller has accepted the appraised value for the property and provided an executed Purchase and Sale Agreement (Attachment V). This is comparable to the square footage cost of recent CRA acquisitions in the Heart of Boynton District (Attachment VI). He reviewed the options: • Approve the purchase of 524 NW 3rd Street in the amount of $195 ,000.00 and allow the Chair to execute the Purchase and Sale Agreement. • Do not approve the purchase of the vacant lot located at 524 NW 3rd Street. • Alternative direction as provided by the CRA Board . Chair Penserga opened public comment. No one came forth to speak. No virtual comment. Chair Penserga closed public comment. Motion: Board Member Hay moved to approve the purchase of 524 NW 3rd Street in the amount of $195 ,000.00 and allow the Chair to execute the Purchase and Sale Agreement. Vice Chair Kelley seconded the motion . The motion passed unanimously. 16. CRA Projects in Progress A. Coastal Cruiser Powered by Circuit Transit Inc . Project Update Ms . Bonnie Nicklien provided an update on the item . She showed the promotional video . She noted that they will provide data in a few months . Board Member Turkin thanked Chair Penserga for bringing this opportunity forward . Board Member Cruz thanked staff for ensuring the event was a success. B . Boynton Beach Spring Market Recap C. Social Media & Print Marketing Update D. Soc ial Media Outreach Program 2nd Quarterly Report for FY 2023-2024 (January 2024 -March 2024) E. CRA Economic & Business Development Grant Program Update 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 00111524-1 DoubleTime® 4886-5961-3379, v. 1 First Contract Addendum Re:Seller(s):Elite Ramsay Group, LLC Buyer(s):Boynton Beach Community Redevelopment Agency Property:524 NW 3rd Street, Boynton Beach, FL 33435 The parties hereby agree to amend said contract as follows: 1.Paragraph 5 is hereby amended to extend the Closing Date to occur on or before July 30, 2024. Addendum supersedes contract: The provisions of this addendum are made a part of the subject contract and shall supersede, govern and control all contract provisions in conflict therewith. A facsimile ("fax") copy of the Contract or this addendum and any signatures hereon shall be considered for all purposes as originals. This contract and/or addendum may be executed in several counterparts, each of which shall be construed as an original, but all of which shall constitute one instrument. References herein to "Seller" and "Buyer" shall include singular or plural as context so requires or admits. Boynton Beach Community Redevelopment Agency By:_____________________________________________ Printed Name: Ty Penserga Date: ____________________________________________ Elite Ramsay Group, LLC By:_____________________________________________ Printed Name: Prakash Ramsay Date: ____________________________________________ Prakash Ramsay 05/30/2024 03:02 PM Electronically Signed using eSignOnline™ [ Session ID : 0bdf3942-8736-4c82-a382-696894d4ce99 ] 452 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 CONSENT AGENDA AGENDA ITEM 11.G SUBJECT: Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $18,000 to Taylor Adair Stylist LLC d/b/a Alchemy located in Ocean Plaza at 640 E. Ocean Avenue, Unit 18 & 19 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 $18,000 to Taylor Adair Stylist LLC d/b/a Alchemy located in Ocean Plaza at 640 E. Ocean Avenue, Unit 18 & 19, Boynton Beach, FL 33435 (see Attachments I-II). Alchemy opened its door to the world in May 2018 with a vision rooted in creating more than just a beauty destination. Founded out of a deep-seated desire to offer a haven to relaxation and healing, Alchemy's journey began with the commitment to providing exceptional results while championing sustainability in the beauty industry. Alchemy emerged as a sanctuary where clients could experience the transformative power of self-care within an environmentally conscious framework. Alchemy has been dedicated to no only enhancing the outward beauty of their clients but also fostering a profound sense of well-being, making every visit a holistic and enriching experience. In November 2018, the BBCRA Board approved a Commercial Rent Reimbursement Grant to Alchemy totaling $6,346.08 for their business located at 640 E. Ocean Avenue, Unit 5. In May 2024, Alchemy was presented the opportunity to grow and expand their footprint into a double unit suite located within the same plaza in Unit 18 & 19. This relocation allows Alchemy to expand their services, add additional staff and accommodate more clients. Per the grant guidelines, existing businesses must expand more than 50% of its current square footage size in order to reapply for the Commercial Rent Reimbursement Grant Application. Attachment III confirms Unit 5 at 700 sq. ft. and Units 18 &19 at 1,420 sq. ft. meeting this requirement. As a hair salon, Alchemy employs various full-time and a part-time team members ranging from front desk staff, to hair stylists and estheticians. Under the terms of their proposed Landlord-Tenant Lease Agreement, the base rent to be paid by the applicant is $3,000 per month (see Attachment IV). Alchemy 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 453 •Attachment I - Commercial Rent Reimbursement Grant Application •Attachment II - Location Map •Attachment III - Square Footage Increase •Attachment IV - Lease period, whichever is less. If approved, Alchemy would be reimbursed in the amount of $1,500/month for a period of 12 months or a total grant amount of $18,000 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY 2023-2024 Budget, Project Fund, Line Item 02-58400-444, $18,000 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 $18,000 to Taylor Adair Stylist LLC d/b/a Alchemy located in Ocean Plaza at 640 E. Ocean Avenue, Unit 18 & 19, Boynton Beach, FL 33435. ATTACHMENTS: Description 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 10/30/2018 PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434527040000560 1/1 View Property Record Owners FOUR SONS PLAZA 640 LLC Property de Location 640 E OCEAN AVE 1 Municipality BOYNTON BEACH Parcel No.08434527040000560 Subdivision LAWNS Book 27168 Sale Date NOV-2014 Mailing Address 3613 S MILITARY TR LAKE WORTH FL 334 Use Type 1100 - STORES Total Square Feet 17204 Sales Informa Sales Date NOV-2014 200 JAN-2002 787 JAN-2002 10 JAN-1975 180 Appraisal Tax Year Improvement Value Land Value Total Market Value P = Preliminary All values are as of Ja Assessed/Taxabl Tax Year Assessed Value Exemption Amount Taxable Value Taxes Tax Year Ad Valorem Non Ad Valorem Total tax Search by Owner, Address or Parcel 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 CRA ADVISORY BOARD AGENDA ITEM 13.A SUBJECT: Pending Assignments - New Assignments from the CRA Board Assigned at the February 13, 2024 CRA Monthly Board Meeting SUMMARY: On February 13, 2024, the CRA Board approved the following tasks be assigned to the CRA Advisory Board (CRAB): 1. Initiate the steps to revise the 2016 CRA Plan, A. With the first step to review the existing CRA plan, and B. With the end goal to incorporate both the grocery store and public parking as part of that plan. 2. Look for ways that are above and beyond the normal City functions to beautify the area within the CRA district (cannot be in replacement of a normal City function and needs to be above and beyond). 3. Investigate means to get a grocery store in the CRA Heart of Boynton area. 4. Identify potential locations for a Public Parking Garage preferably along Ocean Avenue. 5. Look for available properties for potential acquisition with a focus on commercial properties along the Federal Highway area (ex. vacant properties for commercial use). On June 6, 2024, the CRAB Board reviewed the Heart of Boynton District section of the 2016 CRA Plan. They are currently reviewing the Boynton Beach Boulevard section and will discuss their findings at the July 8, 2024 meeting. All other assignments were moved to Pending Assignments, as no additional action was taken. FISCAL IMPACT: To be determined. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined. 493 •Attachment I - Location Map - 1017 N Railroad Ave •Attachment II - 05-14-2024 Minutes - 1017 N Railroad Ave COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 OLD BUSINESS AGENDA ITEM 14.A SUBJECT: Continued Discussion and Consideration of the Purchase of 1017 North Railroad Avenue SUMMARY: On May 14, 2024, CRA Staff brought the purchase of 1017 N. Railroad Avenue before the CRA Board for discussion (see Attachment I & II). The CRA board directed Staff and Legal to continue discussion with the owner and negotiate a better sales price not to exceed 20% over appraisal. Property Information: The property is approximately 5,906.736 square feet (0.1356 acres) and zoned C2- Neighborhood Commercial. The future development would be general commercial with a maximum height of 45'. The property appraised for $206,000 on March 7, 2024 (see Attachment III). The Seller's original asking price was $290,000. The Seller has now agreed to a sales price of $237,000 (15% above the appraised value) and has executed a Purchase and Sale Agreement (see Attachment IV) for the Board's review. FISCAL IMPACT: Purchase Price to be determined by the Board. 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: 1. Approve the purchase of 1017 North Railroad Avenue in the amount of $237,000 and allow the Chair to execute the Purchase and Sale Agreement. 2. Do not approve the purchase of 1017 North Railroad Avenue. 3. Alternative direction as provided by the CRA Board. ATTACHMENTS: Description 494 •Attachment III - Appraisal - 1017 N Railroad Ave •Attachment IV - Purchase and Sale Agreement - 1017 N Railroad Ave - Seller executed 495 496 497 498 A P P R A I S A L R E P O R T COMMERCIALLY ZONED PROPERTY 1017 NORTH RAILROAD AVENUE 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 March 7, 2024 499 MBA in REAL ESTATE DEVELOPMENT & MANAGEMENT 7481 Northwest 4th Street, Plantation, FL 33317-2204 954/583-2116 vanceval@att.net March 7, 2024 Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue Boynton Beach, FL 33435 RE: Commercially zoned property, 1017 N Railroad Avenue, 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 March 1, 2024. 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. 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. TWO HUNDRED SIX THOUSAND DOLLARS $206,000 (THIS LETTER MUST REMAIN ATTACHED TO THE REPORT WITH SIXTY-FIVE (65) 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-173 500 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 24 Improvement Description 25 Real Property Interest Appraised 26 Appraisal Purpose and Definition of Market Value 26 Effective Dates of the Appraisal and Report 27 Scope of the Work 27 Summary of Information Considered 28 Property History 29 Highest and Best Use 29 SALES COMPARISON APPROACH 32 Land Sales location map 33 Land Sales documentation 34 Land Sales Comparison & Adjustment Chart 42 Valuation by the Sales Comparison Approach 43 FINAL VALUE OPINION 47 Certification and Limiting Conditions 48 ADDENDA 50 Building sketch of the structure on the appraised property 51 Flood zone map 52 Zoning and land use maps 53 Boynton Beach CRA recommended land use map 54 “C-2” zoning information 55 USPAP Standards Rule 2-2a 57 Qualifications of the Appraisers 61 501 INTRODUCTION 4 502 Looking West at Building Front Entrance on Railroad Avenue West Elevation of Building on Appraised Land South Elevation of Building on Appraised Land Photos of the Appraised Land & Improvements 1017 N. Railroad Avenue Boynton Beach, Florida 5 503 Looking NW at Building from Railroad Avenue Looking South on one-way North-Bound Traffic on Railroad Avenue Looking East on NE 10th Avenue (No South Turn on to Railroad Avenue from NE 10th Avenue) Photos of the Appraised Land & Improvements 1017 N. Railroad Avenue, Boynton Beach, Florida 6 504 Dining Room Kitchen Living Room Photos of the Appraised Land and Improvements 1017 N. Railroad Avenue Boynton Beach, Florida 7 505 Living Room 2 Bedroom Photos of the Appraised land and Improvements 1017 N. Railroad Avenue Boynton Beach, Florida 8 506 AERIAL VIEWS OF THE APPRAISED PROPERTY 1017 NORTH RAILROAD AVENUE, BOYNTON BEACH, FL 9 507 1-3-5 MILE RADII FROM THE VALUED REAL ESTATE 1017 N. RAILROAD AVENUE BOYNTON BEACH, FLORIDA 10 508 Executive Summary 1017 N Railroad Ave, Boynton Beach, Florida, 33435 Prepared by Esri Rings: 1, 3, 5 mile radii Latitude: 26.53582 Longitude: -80.05866 1 mile 3 miles 5 miles Population 2010 Population 13,010 77,590 170,602 2020 Population 15,677 89,266 192,331 2023 Population 16,326 91,576 196,428 2028 Population 17,582 92,991 197,693 2010-2020 Annual Rate 1.88%1.41%1.21% 2020-2023 Annual Rate 1.26%0.79%0.65% 2023-2028 Annual Rate 1.49%0.31%0.13% 2020 Male Population 47.8%47.7%47.8% 2020 Female Population 52.2%52.3%52.2% 2020 Median Age 44.8 43.3 45.4 2023 Male Population 48.7%48.0%48.1% 2023 Female Population 51.3%52.0%51.9% 2023 Median Age 44.8 43.9 46.4 In the identified area, the current year population is 196,428. In 2020, the Census count in the area was 192,331. The rate of change since 2020 was 0.65% annually. The five-year projection for the population in the area is 197,693 representing a change of 0.13% annually from 2023 to 2028. Currently, the population is 48.1% male and 51.9% female. Median Age The median age in this area is 46.4, compared to U.S. median age of 39.1. Race and Ethnicity 2023 White Alone 37.1%50.8%53.9% 2023 Black Alone 49.8%29.5%24.3% 2023 American Indian/Alaska Native Alone 0.3%0.5%0.7% 2023 Asian Alone 0.8%2.2%2.5% 2023 Pacific Islander Alone 0.0%0.0%0.0% 2023 Other Race 4.5%6.1%7.1% 2023 Two or More Races 7.4%10.9%11.4% 2023 Hispanic Origin (Any Race)12.1%18.1%20.4% Persons of Hispanic origin represent 20.4% 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 75.1 in the identified area, compared to 72.1 for the U.S. as a whole. Households 2023 Wealth Index 70 79 99 2010 Households 5,107 33,023 73,025 2020 Households 6,270 37,875 81,162 2023 Households 6,653 39,182 83,532 2028 Households 7,296 40,130 84,705 2010-2020 Annual Rate 2.07%1.38%1.06% 2020-2023 Annual Rate 1.84%1.05%0.89% 2023-2028 Annual Rate 1.86%0.48%0.28% 2023 Average Household Size 2.40 2.30 2.32 The household count in this area has changed from 81,162 in 2020 to 83,532 in the current year, a change of 0.89% annually. The five-year projection of households is 84,705, a change of 0.28% annually from the current year total. Average household size is currently 2.32, compared to 2.34 in the year 2020. The number of families in the current year is 47,636 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. March 05, 2024 ©2024 Esri Page 1 of 2 11 509 Executive Summary 1017 N Railroad Ave, Boynton Beach, Florida, 33435 Prepared by Esri Rings: 1, 3, 5 mile radii Latitude: 26.53582 Longitude: -80.05866 1 mile 3 miles 5 miles Mortgage Income 2023 Percent of Income for Mortgage 41.2%28.6%31.8% Median Household Income 2023 Median Household Income $53,719 $63,186 $66,060 2028 Median Household Income $60,589 $74,352 $78,060 2023-2028 Annual Rate 2.44%3.31%3.39% Average Household Income 2023 Average Household Income $83,506 $91,631 $99,742 2028 Average Household Income $98,126 $107,555 $116,799 2023-2028 Annual Rate 3.28%3.26%3.21% Per Capita Income 2023 Per Capita Income $34,241 $39,378 $42,449 2028 Per Capita Income $40,867 $46,601 $50,079 2023-2028 Annual Rate 3.60%3.43%3.36% GINI Index 2023 Gini Index 44.0 41.3 41.8 Households by Income Current median household income is $66,060 in the area, compared to $72,603 for all U.S. households. Median household income is projected to be $78,060 in five years, compared to $82,410 for all U.S. households Current average household income is $99,742 in this area, compared to $107,008 for all U.S. households. Average household income is projected to be $116,799 in five years, compared to $122,048 for all U.S. households Current per capita income is $42,449 in the area, compared to the U.S. per capita income of $41,310. The per capita income is projected to be $50,079 in five years, compared to $47,525 for all U.S. households Housing 2023 Housing Affordability Index 59 85 77 2010 Total Housing Units 6,857 41,911 91,271 2010 Owner Occupied Housing Units 3,060 21,130 50,451 2010 Renter Occupied Housing Units 2,048 11,893 22,577 2010 Vacant Housing Units 1,750 8,888 18,246 2020 Total Housing Units 7,785 44,899 97,348 2020 Owner Occupied Housing Units 3,421 21,919 52,408 2020 Renter Occupied Housing Units 2,849 15,956 28,754 2020 Vacant Housing Units 1,524 7,117 16,165 2023 Total Housing Units 8,122 45,973 99,390 2023 Owner Occupied Housing Units 3,317 21,897 53,213 2023 Renter Occupied Housing Units 3,336 17,285 30,319 2023 Vacant Housing Units 1,469 6,791 15,858 2028 Total Housing Units 8,527 46,846 100,568 2028 Owner Occupied Housing Units 3,511 22,312 54,101 2028 Renter Occupied Housing Units 3,785 17,818 30,604 2028 Vacant Housing Units 1,231 6,716 15,863 Socioeconomic Status Index 2023 Socioeconomic Status Index 40.5 45.0 46.0 Currently, 53.5% of the 99,390 housing units in the area are owner occupied; 30.5%, renter occupied; and 16.0% 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 97,348 housing units in the area and 16.6% vacant housing units. The annual rate of change in housing units since 2020 is 0.64%. Median home value in the area is $349,951, compared to a median home value of $308,943 for the U.S. In five years, median value is projected to change by 1.53% annually to $377,480. 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. March 05, 2024 ©2024 Esri Page 2 of 2 12 510 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Commercially zoned property 1017 North Railroad Avenue Boynton Beach, FL 33435 OWNERSHIP: Nina Clark 2031 NE 1st Lane Boynton Beach, FL 33435 2263 LAND AREA: Approximate dimensions are 50 feet (base) x 117 feet (height). Size on the tax roll is 5,908 sq. ft. Note: dimension and size are from public records. No sketch of survey is available for review. BUILDING IMPROVEMENTS: Single family-user house, containing 1,008 square feet under roof, constructed in 1950. The building has reached the end of its useful/ economic life and does not contribute to the highest and best use of the property. ZONING: “C-2”, Neighborhood Commercial District in the city of Boynton Beach CURRENT LAND USE: Local Retail Commercial RECOMMENDED LAND USE: General Commercial APPRAISAL PURPOSE: To develop an opinion of market value INTEREST APPRAISED: Fee simple CURRENT USE: Depreciated single-user structure HIGHEST AND BEST USE: As vacant: Small, low intensity retail commercial use on the appraised lot or larger retail commercial use if assembled with adjacent lots in the same zoning district As improved: Demolition and removal of the depreciated structure VALUE BY THE SALES COMPARISON APPROACH: 5,908 square feet x $34.91 per square foot = (rounded to) $206,000 TWO HUNDRED SIX THOUSAND DOLLARS VALUATION DATE: March 1, 2024 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. 13 511 DESCRIPTIONS, ANALYSES, CONCLUSIONS 14 512 APPRAISAL REPORT This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice 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: Nina Clark 2031 NE 1st Lane Boynton Beach, FL 33435 2263 Property Address: 1017 North Railroad Road Boynton Beach, FL 33435 Legal Description: Lot 1, less the north 50 feet, ROBERT WELLS SUBDIVION, Plat Book 11, page 66, Palm Beach County, FL Census Tract No. 61 15 513 APPRAISAL REPORT (continued) Real Estate Tax: Parcel Control Number: 08 43 45 21 04 000 0011 Land Value: $ 54,900 Improvement Value: (demolished) 136,475 Total Value: $191,375 Assessed Value: $113,487 Exemption Amount: 50,000 Taxable Value: $ 63,487 Ad Valorem Tax: $ 1,447 Non Ad Valorem Tax: 308 Total Tax: $ 1755 Real estate tax for 2023 is 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 a property and the Assessed Value. Flood Zone: Zone “X”, according to Map No. 12099C0791F. Zone “X” is not in a Special Flood Hazard Area. Flood zone map is in the Addenda. 16 514 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, and Stuart 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. 17 515 APPRAISAL REPORT (continued) The immediate subject market area is one of the districts in the CRA known as the Heart of Boynton (HOB), containing 380 acres. This area is the historic, older part of the CRA, with the following boundaries: Boynton Beach Canal (C-16) on the north, Florida East Coast (FEC) Railroad on the east, Interstate 95 on the west, and jagged line a few blocks north of Boynton Beach Boulevard as the south boundary, at about NE 3 Avenue. 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. To the east of the FEC Railroad is U S Highway 1, also known as Federal Highway, 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 general market area, with residential projects planned and completed. Highway beautification projects enhanced the aesthetics of the market area. Individual properties on the east and west side of the highway have shallow depths, inhibiting redevelopment of the sites with larger commercial projects. Assemblages of adjacent properties and rezoning to mixed use will continue to facilitate revitalization of the subject market area. Seacrest Boulevard is a main north-south artery through the City of Boynton Beach and south into Delray Beach. Martin Luther King, Jr. Boulevard is an east-west thoroughfare through the Heart of Boynton. The subject market area is easily accessible by main roads and Interstate 95. Property types in the Heart of Boynton are smaller commercial establishments along the main roads, light industrial close to the FEC Railroad, municipal facilities, single family residential, small multi-family dwellings, a few apartment buildings and places of worship. As mentioned, some structures date back to the 1920’s, but most which are still usable were built in the mid-twentieth century. Municipal facilities in the immediate subject market area include parks, two elementary schools and a community center. 18 516 APPRAISAL REPORT Projects completed in the Heart of Boynton are: • Seacrest Boulevard Streetscape • Carolyn Sims Center • Ocean Breeze West - 21 homes –joint venture with Habitat for Humanity • Construction of single family residences on Martin Luther King, Jr. Boulevard and on NW 11 Avenue, west of Seacrest Boulevard • Enhancements to Sara Sims Park including landscaping, pavilions, picnic facilities, lighting and security. Projects in progress are: • Higher density residential buildings and commercial buildings on Martin Luther King, Jr. Boulevard • Redevelopment of the Public Works site • Establishment of mixed use districts of residential and commercial • Expansion of light industrial near the FEC Railroad 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 $53,719, for three miles it is $63,186, and $66,060 for the five mile circle. Median household income for Palm Beach County is $68,900. In the one-mile circle, population is 16,326. In three miles, population increases to 91,576; at five miles, it is 196,428. 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 1.49%, 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 0.31% and 0.13%. 54% of the housing units are owner occupied, with 31% 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 $349,951 including the highly priced homes fronting the Atlantic Ocean and Intracoastal Waterway, compared to median home value of $308,943 in the United States. 19 517 APPRAISAL REPORT 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 the 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 2022, sales activity and prices recuperated. The upswing in prices is due in part to scarcity of developable land. Properties were back to pre-crash prices and in most cases exceeded that level. The upward trend in real estate prices plateaued and sales volume significantly diminished in the past year due to the increase in interest rates and prices of building materials. Sales volume in 2023 was 75% lower than in 2022 across the real estate board. Some new construction projects were halted and some planned did not commence. The subject market area has examples of each case. The life cycle stage of the market area is revitalization, a period of renewal, modernization, and increasing demand. This revitalization is occurring throughout the CRA area and is influencing activity in each district. The catalyst of the revitalization in the Downtown District 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 alon g 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 and construction has stopped for now. 20 518 APPRAISAL REPORT 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. 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. 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 completion is the force for other pending mixed -use projects to move forward. 21 519 APPRAISAL REPORT In the Heart of Boynton CRA district, Ocean Breeze East is completed at 700 North Seacrest Boulevard. The development is an affordable apartment project containing 123 units, retail space, clubhouse and swimming pool. The project came about by the Boynton Beach Community Redevelopment Agency selling the land and the Florida Housing Finance Corporation and TD Bank providing the financing. In the Heart of Boynton CRA district, Heart of Boynton Villages and Shops is under construction fronting the north and south sides of East Martin Luther King, Jr. Boulevard, east of Seacrest Boulevard. There will be 124 residential units, 8,530 square feet of commercial space and 218 surface parking spaces. Part of the land was transferred from the Boynton Beach CRA to Wells Landing Apartments, LLC. Wells Landing purchased four parcels from a private property owner to complete the site for the new project. Funding for the project was awarded to the property owner from the Florida Housing Finance Corporation. This project is anticipated to bring about more development along MLK Boulevard and surrounding avenues. At the southeast corner of Seacrest Boulevard and East Martin Luther King, Jr. Boulevard, the store was purchased and opened as Dollar Tree. A large section of the Cottage District from NE 4 Avenue to NE 5 Avenue, between Seacrest Boulevard and NE 1 Street is planned to be developed by Pulte Homes with workforce housing. Parcel size is 4.6513 acres, comprised of smaller lots acquired over many years to assemble a large tract of land for a transformation of a substantial part of the area. Plans are for 41 for-sale units, consisting of 19 single-family houses and 22 townhouses. 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 immediate subject market area of the Heart of Boynton (HOB) has the components of an appealing neighborhood with schools, parks and recreation. HOB is easily accessible by main roads and Interstate 95. 22 520 APPRAISAL REPORT Goods and services are nearby on Boynton Beach Boulevard and U S Highway 1. With the involvement of the City of Boynton Beach and the Community Redevelopment Agency, Heart of Boynton Community Redevelopment Plan can continue to succeed in revitalizing the area. The transformation of the area is in progress. Development of real estate takes time and the right market conditions which have been positive. Upward price trend for property in the subject market area should escalate when interest rates decrease. Platting: The appraised property is part of a lot in an old plat, recorded prior to the effective date of current zoning regulations. The appraised parcel appears to meet the size standards of the “R -1-A” district; however, city officials make that determination. Land Use: “LRC”, Local Retail Commercial Recommended Land Use: General Commercial Zoning: “C -2”, Neighborhood Commercial District has the purpose to implement the local retail commercial future land use classification of the Comprehensive Plan. The intent of the district is to allow low- intensity commercial uses of a retail convenience that are intended to service individual residential neighborhoods. Minimum lot area is 5,000 square feet, minimum lot frontage is 50 feet and minimum lot depth is 100 feet. Zoning ordinance is in the Addenda. The parcel concerned contains approximately 5,908 square feet. Dimensions are approximately 117 feet by 50 feet, seemingly to meet the standards of the “C-2” district; however, city officials make that determination. 23 521 APPRAISAL REPORT Site Description: The shape of the site is a parallelogram. Approximate dimensions and size are from public records. North boundary on adjacent property: 50 ft East boundary on Railroad Avenue: 117 ft South boundary on adjacent property: 50 ft West boundary on adjacent property: 117 ft Total: 5,908 square feet or 0.1356 of an acre Utilities: All utilities are available to the site. Access: The site is accessible via Railroad Avenue. Railroad Avenue runs parallel on the west side of the Florida East Coast (FEC) Railroad. The Brightline train uses the FEC tracks. Railroad Avenue intersects with NE 10 Avenue, one property to the north of the subject. NE 10 Avenue has a crossing over the FEC tracks, then has a signalized intersection with North Federal Highway. NE 10 Avenue extends west through the Heart of Boynton district as Martin Luther King, Jr. (MLK) Boulevard. As Railroad Avenue approaches MLK Boulevard, it narrows from two lanes to one. Hence, Railroad Avenue is one-way, northbound at the location of the appraised site. North of MLK Boulevard, Railroad Avenue is one-way, southbound. To the blocks further north or south, Railroad Avenue is a two-directional, north-south road. Pictures of this traffic routing are on page 2 of the photos in the beginning of the appraisal. Access from MLK Boulevard to the property concerned is circuitous, involving finding a way from MLK Boulevard to NE 9 Avenue, south to Railroad Avenue, then heading north to the subject. 24 522 APPRAISAL REPORT (continued) Average Annual Daily Traffic at the location of the subject is 2,300 vehicles, very low for a commercial road. Easements: Easements are not noted on original plat. If they exist, utility easements would most probably be around the perimeter of the lot. Encroachments: There is no sketch of survey to review to note if there are encroachments. Improvement Description: From the Palm Beach County Property Appraiser’s records, improvement on the site is a single-user residence containing 1,008 square feet under roof, constructed in 1950. The building appears to be of wood construction on an elevated stem wall foundation. No building report of the structure is available for review. The exterior and interior photos of the building show its deteriorated condition. The improvement has reached the end of its physical and economic life. It has no contributiory value to th e highest and best use of the land which is for a new small retail building or larger facility if assembled with adjacent lots. It is not financially feasible to rehabilitate the old building into a modern one. If sold, the buyer would most probably bare the cost of demolition of the old, small building. Therefore, no demolition cost is deducted from the final value of the property. Environmental Assessment: No assessment was available for review. 25 523 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 March 1, 2024. 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. 26 524 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: March 1, 2024 B) Date of the Report: March 7, 2024 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. 27 525 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 the building is at the end of its physical life, leaving only the land that has contributory value to the property. 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 property is listed for sale at a price of $290,000. This price is significantly higher than the appraised value of the property of $206,000, which is based on sales of similar properties. 28 526 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. There have been no transfers of ownership of the property in the past three years. Ownership has been with the same party for many years. 2-2(a)(xi) State the use of the real estate existing as of the effective date and use of the real estate reflected in the appraisal; The use of the real estate on the date of valuation is essentially vacant land because the improvements have no contributory value to the highest and best use of the property. The property as vacant land is the use which is reflected in the appraisal. No personal property is included in the valuation. 2-2(a)(xii) When an opinion of highest and best use was developed by the appraiser, state that opinion and summarize the support and rationale for that opinion; HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant No soil or subsoil tests are available for review. However, some of the surrounding land has been improved with residential, commercial or industrial properties since the 1920s. The land is level and filled to street grade; however, the type of fill is not known. Land size is about 5,908 square feet; the shape is a parallelogram. All utilities are available to the site. The parcel has an interior location in the block. It is accessible via Railroad Avenue which is a one-way, northbound road at that location. Access from MLK Boulevard turning south onto Railroad Avenue is not permitted. Physical constraint to develop the site is its size which governs the size of the potential improvement which can be placed on it. 29 527 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Legally Permissible as Vacant Legal restrictions to the development of the site consist of land use designation, building and zoning codes, platting restrictions and restrictive covenants. Land use designation is Local Retail Commercial. Zoning is “C- 2”, Neighborhood Commercial in the City of Boynton Beach. Minimum lot area is 5,000 square feet; minimum lot frontage is 50 feet. The subject land size is about 5,908 square feet, with a base of 50 feet. It appears that the appraised parcel meets the minimum standards in the “C-2” district to be developed with a stand-alone building. However, city officials make that determination. Recommended future land use is general commercial. Single- user residential is not a listed conforming use in the “C-2” district; again, city officials decide on conforming uses. 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. The subject market area has been improved with single-family residences, small multi-family dwellings, and a few commercial properties for almost 100 years. Structures come to the end of their useful lives, improvements are razed and the sites are redeveloped with modern projects. The appraised property would be a case in point. There are other examples of this cycle throughout the subject market area such as Dollar Tree and Heart of Boynton Villages and Shops on MLK Boulevard. The market trend is from low density single occupant residences to higher density multi-family or mixed use projects. With a small amount of vacant land in the densely populated eastern part of Palm Beach County, land has to have a higher yield with more dwelling units per acre calling for multi-story buildings. To provide goods and services to the denser population, com mercial properties will be needed. The appraised land, along with the properties to the west and south are zoned “C-2.” If assemblage is possible, this area would form a site for a substantial commercial development. 30 528 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Financially feasible use currently of the appraised land is to improve it with a stand-alone low intensity commercial use such as a store. Greater financial feasibility future use would be to assemble with other lots in the block as mentioned. The most probable buyer for the site is a local developer familiar with the revitalization that is occurring in the subject market area. Time for development is now with renewed interest in the neighborhood and support from the Boynton Beach Community Redevelopment Agency. Maximally Productive as Vacant In summary, the Highest and Best Use of the appraised property is to improve it with a low intensity retail facility, either stand-alone or larger if assembled with adjacent lots. Such use would be potentially physically possible, legally permissible, financially feasible and maximally productive. 2-2(a) (xiii) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. There are no extraordinary assumptions or hypothetical conditions in this report. 2-2(a) (xiv) Include a signed certification in accordance with Standards Rule 2-1 See signed certification in report. 31 529 SALES COMPARISON APPROACH LAND VALUATION 32 530 33 531 VACANT LAND SALES SALE NO. 1 LEGAL DESCRIPTION Lot 12, Amended Plat of Osborne Colored Addition to Lake Worth, Plat Book 6, Page 93, Palm Beach County Records, FL RECORDED O. R. Book 34734 , Page 1746 , Palm Beach County, FL GRANTOR Olen McLean, Individually and Successor Trustee GRANTEE AC Lady, LLC DATE OF SALE December 15, 2023 LOCATION 1527 Railroad Avenue, Lake Worth, Florida 33460 ZONING “CC” Commercial SALE PRICE $189,000 LAND SIZE 5,540 square feet UNITS OF COMPARISON $34.12 per square foot PARCEL CONTROL NO. 38-43-44-34-01-000-0120 CONDITIONS OF SALE Arm’s length cash transaction. COMMENTS Old building that will be demolished. 34 532 AERIAL PHOTOGRAPH OF LAND SALE 1 1527 Railroad Avenue Lake Worth, Florida 33460 35 533 VACANT LAND SALES SALE NO. 2 LEGAL DESCRIPTION Model Land Sales Co. Sub, S 150 Ft. of N 405 Ft.of W 175 Ft. of Tract 33 (less W 25 Ft. for Boutwell Rd R/W), Section 20, Township 44 South, Range 43 East, Palm Beach County, Florida RECORDED O. R. Book 34725, Page 733, Palm Beach County, FL GRANTOR Creative Financing, LLC GRANTEE Lassco Development, Inc. DATE OF SALE December 12, 2023 LOCATION 3322 Boutwell Road, Lake Worth, Florida ZONING “MU-W” Mixed Use West (38-Lake Worth Beach) SALE PRICE $550,000 LAND SIZE 15,751 square feet UNITS OF COMPARISON $34.92 per Square Foot of Land PARCEL CONTROL NO. 38-43-44-20-01-033-0060 CONDITIONS OF SALE Arm’s length transaction, included a Purchase Money Mortgage for $275,000. COMMENTS Older house built in 1955. 36 534 AERIAL PHOTOGRAPH OF LAND SALE 2 3322 BOUTWELL ROAD LAKE WORTH, FLORIDA 37 535 VACANT LAND SALES SALE NO. 3 LEGAL DESCRIPTION Lot 40, Trade Winds Estates Amended Plat, Plat Book 21, Page 23, Palm Beach County. RECORDED O. R. Book 33,361, Page 127, Palm Beach County, FL GRANTOR Florida Land Trust Services LLC GRANTEE Seabourn Land Holdings LLC DATE OF SALE February 28, 2022 LOCATION 3456 Old Dixie Highway, Unincorporated Palm Beach, Florida ZONING “RM” Multifamily (Medium Density) (00-Unincorporated) SALE PRICE $950,000 LAND SIZE 30,152 square feet UNITS OF COMPARISON $31.51 per Square Foot of Land PARCEL CONTROL NO. 00-43-46-04-17-000-0400 CONDITIONS OF SALE Arm’s length cash transaction COMMENTS The purchaser develops rental apartments. 38 536 AERIAL PHOTOGRAPH OF LAND SALE 3 3456 OLD DIXIE HIGHWAY UNINCORPORATED PALM BEACH COUNTY, FLORIDA 39 537 VACANT LAND SALES SALE NO. 4 LEGAL DESCRIPTION Lot 39, Trade Winds Estates Amended Plat, Plat Book 21, Page 23, Palm Beach County. RECORDED O. R. Book 33,361, Page 92, Palm Beach County, FL GRANTOR Christian Come Alive Deliverance & Conference Center, Inc. GRANTEE Seabourn Land Holdings LLC DATE OF SALE February 1, 2022 LOCATION 3466 Old Dixie Highway, Boynton Beach, Florida ZONING “C-4” General Commercial (08-Boynton Beach) SALE PRICE $950,000 LAND SIZE 30,135 square feet UNITS OF COMPARISON $31.52 per Square Foot of Land PARCEL CONTROL NO. 08-43-46-04-17-000-0390 CONDITIONS OF SALE Arm’s length cash transaction COMMENTS Old building on site at the time of sale. The purchaser develops rental apartments. 40 538 AERIAL PHOTOGRAPH OF LAND SALE 4 3466 OLD DIXIE HIGHWAY BOYNTON BEACH, FLORIDA 41 539 LAND SALE COMPARISON & ADJUSTMENT CHART TRANSACTIONAL ADJUSTMENTS LAND SALE PRICE SALE LAND SIZE Market Conditions Market Adjusted Adjusted Price SALE PRICE/ SF DATE Sq.Ft.ZONING +5%/year Sale Price Per Sq.Ft. 1 1527 Railroad Avenue $189,000 12/15/2023 5,540 "CC"$2,363 $191,363 $34.54 Lake Worth, Florida $34.12 Commercial Inferior + 1.25% 2 3322 Boutwell Road $550,000 12/12/2023 15,751 "MU-W"$6,875 $556,875 $35.35 Lake Worth, Florida $34.92 Mixed Use Inferior + 1.25% 3 3456 Old Dixie Highway $950,000 02/28/2022 30,152 "RM"$103,075 $1,053,075 $34.93 Unicorp. Palm Beach County $31.51 Multi-Family Inferior + 10.85% 4 3466 Old Dixie Highway $950,000 02/01/2022 30,135 "C-4"$98,990 $1,048,990 $34.81 Boynton Beach, Florida $31.52 Gen. Commercial Inferior + 10.42% SUBJECT Value Unit Value 1017 N. Railroad Avenue $206,000 03/01/2024 5,908 "C-2"------------$34.91 Boynton Beach, Florida Commercial 42 540 SALES COMPARISON APPROACH LAND VALUATION Of the several methods to develop an opinion of land value, the one considered to be the most reliable is the Sales Comparison Approach. In this method, sales of other similar vacant parcels are compared to the site concerned; then adjusted for differences to arrive at land value. For the opinion to be supportable, there must be an adequate number of sales of similar properties for comparison to the subject. 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 parties to the transactions, including details of financing and any special considerations or non-typical market features. 3) Select relevant units of comparison and develop a comparative analysis for each unit. 4) Compare and adjust the sales to the subject using the significant, market-derived units of comparison. 5) Reconcile all value indications from the comparisons into a single value opinion by this approach. The appraised land contains about 5,908 square feet. Zoning is “C-2”, Neighborhood Commercial. Highest and best use is for development of an individual retail facility or a larger one if the lot can be assembled with adjacent parcels. The depreciated residence on the appraised site does not contribute to the highest and best use of the property. Cost of demolition would be paid by the buyer of the property as part of the development process. Such is the case with three of the four sales cited in this approach to valuation. A search was made to find recent sales in the immediate subject market area and in areas where parcels are being put to more intense uses than single-user residential. Of the transactions that were reviewed, four of the more similar sales are included in this valuation. Details of the transactions are on the sale sheets and chart. The unit of comparison relevant to this valuation is Sale Price per Square Foot of Land. The range of unit prices is from $31.52 per square foot to $34.92 per square foot of land, before adjustments. 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 continues by stating that there are 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. This second group of property elements consists of location, physical characteristics and use. Each element is hereafter addressed. (Continued) 43 541 LAND VALUATION (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 market rent, or below or above market rent. In the case of land, there could be a land lease on the site that would create a leased fee interest. The lease amount would require examination to see if the tenant (the leasehold interest) had a value greater than zero. If it is, then the submarket rental rate would give some of the property value to the tenant. The real property right conveyed in the land sales was fee simple interest, the same interest valued for the land in question. No numerical adjustment is warranted 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. Three of the land sales were in cash, which is the most common form of payment for small properties and vacant land. Sale 2 was financed by a purchase money mortgage from the seller at loan to price ratio of 50%. It appears that the loan did not have an effect on the sale unit price which is in line with the other sales. No adjustments are 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 improved sales are transactions by lenders after foreclosures of prior mortgages on the properties. Each of the sales was exposed to the open market for a reasonable time period. Grantees of the sales made the purchases to redevelop the properties, as would a buyer of the property under appraisement. Conditions of sales were typical for the market, not calling for adjustments. (Continued) 44 542 LAND VALUATION (Continued) Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions which change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria, building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. Two of the sales occurred in 2023, and two in 2022. Some properties had a significant increase in price during the past few years. Such increases were 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 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 3.4%, 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 inflation rate greater than in years past, 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, the land sales are likened to the subject and to each other for property elements of comparison. 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, traffic count, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, et cetera. Typically, properties in a neighborhood share some of the same locational characteristics such as age, condition, and style. However, there may be differences such as corner location, view, and zoning, to name a few. Properties of a similar type may be in different locations, yet the locations may share enough similarities to justify comparison. Factors of similarity between locations include average daily traffic counts, zoning and/or land use, and market composition. A thorough search for sales was made throughout the subject market area and similar areas, especially along Railroad Avenue and Dixie Highway that parallel the FEC railroad tracks. These roads were the location of businesses that transported goods and commodities by rail. They were the “highways” of the past. Later, US Highway 1 to the east became the main north-south artery for commercial properties. Properties on Railroad Avenue and Dixie Highway are small, only able to accommodate small businesses, unless assembled with adjacent properties. (Continued) 45 543 LAND VALUATION (Continued) The appraised property, Sales 1, 3 and 4 border the FEC Railroad tracts; Sale 2 is farther west on a secondary road. Sales 3 and 4 are an example of an assemblage to form a site large enough for a contemporary project. Zoning for the subject, Sales 1 and 4 is commercial. Sale 2 is in a district that has been changed to mixed-use, permitting a range of uses, exemplifying the modern approach to zoning. No. 3 is zoned multi-family, an older category in Palm Beach County. The sales data show that buyers for land which could be used for commercial, mixed use or multi-family residential are paying about the same unit price. Most “vacant land” in the eastern part of south Florida counties comes about by the razing of old improvements on it. Buyers are purchasing land where they can, then preparing it for new projects. Although, there are some differences in the locations of the subject and sales, they are not significant enough to warrant adjustments. Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes land size, shape, frontage, topography, view, access, functional utility, et cetera. Adjustments for physical characteristics are best derived from the market by paired sales comparison. Through the process of searching for comparable sales, the physical characteristics are of great import. From the universe of possible comparable sales, those that are most similar to the site appraised are presented in the report for analysis and comparison to the subject. The less the number of physical differences, the better. Land Sale 1 is about the same size as the property concerned; the other sales are larger. With so few sales of properties like these, there does not appear to be a strong correlation between size and unit price paid. As mentioned, cost of demolition would be an expense for the buyer. No adjustment is made for this unit of comparison. Use For sites to be comparable, they should have similar uses. Highest and Best Use for the land concerned along with Land Sale 1 is for a small retail commercial use. Future highest and best use would be for larger retail project if assembled with adjacent properties. Highest and Best Use for Sale 2 is for a small mixed use project. Use for Nos. 3 and 4 may be for a multi-family project. As discussed specific use does not appear to dictate unit price, but rather that the land is available for redevelopment. Hence, no adjustment is made for use. 46 544 FINAL VALUE OPINION Following is a summary of the square foot unit sale prices for the land sales: Land Sale Adjusted Sale Price/ Square Foot 1 $34.54 2 $35.35 3 $34.93 4 $34.81 The range of adjusted unit prices is from $34.54 to $34.93 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 $34.91 per square foot. The quantity of the comparable data is sufficient to have an overview of the market for smaller parcels of non-single user residential land in the Boynton Beach area and surrounding vicinity. The quality of the data is good in that it provides a sound basis to develop an opinion of value for the land under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property as of March 1, 2024 is: $34.91/sq.ft. x 5,908 square feet = $206,000 TWO HUNDRED SIX THOUSAND DOLLARS 47 545 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 February 24, 2024. 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. March 7, 2024 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-Certified General Real Estate Appraiser No. RZ-85 March 7 , 2024 Claudia Vance, MAI Florida State-Certified General Real Estate Appraiser No. RZ-173 48 546 CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report, subject to the limiting conditions hereafter cited, are correct to the best of the writers' knowledge. 1. The undersigned have personally visited the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included, the subject is analyzed as though free and clear of liens and encumbrances. 3. No responsibility is assumed for legal matters, nor is an opinion of title rendered. Title is assumed to be good and held in Fee Simple. 4. Legal descriptions and property dimensions have been furnished by others; no responsibility for their correctness is assumed. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not carry with it the right of publication, duplication, or advertising using the writers’ names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Improvements, if any, are those noted and reported on the date of inspection. 9. The value or values estimated apply ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present, past or contemplated interest in the subject of this report. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses, opinions and conclusions were developed, and this report has been prepared, in 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. The existence of potentially hazardous material used in the construction or maintenance of buildings, such as the presence of urea formaldehyde foam insulation, and/or existence of toxic waste, which may or may not be present on the property, has not been considered. Additionally, soil or sub -soil contamination may exist from current or prior users, or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey, Endangered Species Survey, or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use, and possibly, value of the appraised property. The appraisers are not qualified to identify these factors. We recommend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B. Vance, Jr. and Claudia Vance were responsible for the analyses, conclusions, and opinions of real estate set forth in this report. (No one else provided significant professional assistance to the report signers). 16. The Americans with Disabilities Act (ADA) became effective January 26, 1992. We have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property would reveal that the property is not in compliance with one or more of the requirements of the act, which could reduce property value. 17. Prospective value estimates are based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events that might alter market conditions upon which market value has been estimated. 18. The appraisers certify that they have the knowledge and experience required to perform this appraisal assignment. 19. The appraiser reserves the right to amend or change this report at any time additional market information is obtained which would significantly affect the value opinion. Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser No. RZ 85 March 7, 2024 Claudia Vance, MAI State-Certified General Real Estate Appraiser No. RZ 173 March 7, 2024 49 547 ADDENDA 50 548 51 549 National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 3/5/2024 at 1:46 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 80°3'50"W 26°32'25"N 80°3'12"W 26°31'53"N Basemap Imagery Source: USGS National Map 2023 52 550 RECOMMENDED FUTURE LAND USE SUBJECT: GENERAL COMMERCIAL ZONING MAP SUBJECT: C-2, NEIGHBOR COMMERCIAL 53 551 CURRENTL LAND USE MAP SUBJECT: LRC, LOCAL RETAIL COMMERCIAL 54 552 B. C-2 Neighborhood Commercial District. 1. General. The purpose of the C-2 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 allow low-intensity commercial uses of a retail convenience that are intended to serve and which are in close proximity to individual residential neighborhoods. Generally, the desired locations of these commercial areas would be at the periphery of one (1) or more neighborhoods along roadway classifications that are able to support the additional traffic. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-15). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS C-2 District Minimum lot area: 5,000 s.f. Minimum lot frontage: 50 feet Minimum lot depth: 100 feet Minimum yard setbacks: Front: 30 feet1,2 Rear: 20 feet Abutting: Residential district(s) 30 feet Interior side: 15 feet1,2 Abutting: Residential district(s) 30 feet1 Corner side: 20 feet1,2 Abutting: Residential district(s) 30 feet1 Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) 0.503 Maximum structure height: 25 feet4 1 Reduced setbacks will be applied to property located within the Urban Commercial District Overlay Zone, Section 8.C. below. 55 553 2 Pursuant to Section 8.B. below, parcels that have frontage on Martin Luther King Jr. Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front, side interior, and side corner setbacks in accordance with the mixed use-low intensity 1 zoning district (see Section 5.C. below). 3 A floor area ratio (FAR) up to 0.50 may be considered for local retail commercial uses allowed within the C-2 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. 4 Not to exceed two (2) stories. 4. Review and Approval Process. Pursuant to Chapter 2, Article II, Section 2.F., site plan approval shall be required for the construction or modification of a non-residential building, structure, or improvement, including any area allocated to an accessory residential unit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 56 554 SUMMARY OF 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; 57 555 SUMMARY OF 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. 58 556 475.611 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. 59 557 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 60 558 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. 61 559 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 62 560 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 63 561 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 64 562 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 65 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 OLD BUSINESS AGENDA ITEM 14.B SUBJECT: Update on Negotiations with Maple Tree Investments in Response to the Second RFP/RFQ for the USPS Project on the CRA-owned Property located at 401-411 E. Boynton Beach Boulevard SUMMARY: The properties located at 401-411 E. Boynton Beach Boulevard (Attachment I) have been earmarked as a new retail operation for the United States Postal Service (USPS) which is currently located at CRA owned property, 217 N. Seacrest Boulevard. The following is a background of the progress of the project: Letter of Intent received by the CRA from USPS on June 3, 2022 (Attachment II) CRA Board approved the publishing of an RFP/RFQ for the USPS project on August 9, 2022 (Attachment III) CRA received proposals from two development entities on November 29, 2022, neither proposal met the guidelines provided by USPS CRA Board rejected all bids and requested staff to bring back all options available for development of this site on May 9, 2023 (see Attachment IV) CRA Board authorized the re-advertisement of an RFP/RFQ for the USPS project on June 13, 2023 (Attachment V) Second RFP/RFQ for the USPS project was approved by the CRA Board on July 11, 2023 (Attachment VI) CRA received two responses (from Maple Tree Investments, LLC and DMR Construction Services, Inc.) to the RFP/RFQ USPS project CRA Board selected respondent, Maple Tree Investments, LLC (MTI), and requested CRA Staff to begin negotiations on December 12, 2023 (Attachment VII) CRA staff has met on multiple occasions with MTI and USPS to discuss this project in furtherance of negotiations. USPS has been working on a Rental Market Analysis and property appraisal to negotiate the terms of the lease. Both representatives will be available to provide an update on the progress. FISCAL IMPACT: To be determined by the CRA Board. CRA PLAN/PROJECT/PROGRAM: 579 •Attachment I - Property Location Map •Attachment II - Letter of Intent from US Postal Service •Attachment III - August 9, 2022 CRA Board Meeting Minutes •Attachment IV - May 9, 2023 CRA Board Meeting Minutes •Attachment V - June 13, 2023 CRA Board Meeting Minutes •Attachment VI - July 11, 2023 CRA Board Meeting Minutes •Attachment VII - December 12, 2023 CRA Board Meeting Minutes 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: To be determined by the CRA Board. ATTACHMENTS: Description 580 581 U.S. Postal Service Lease Proposal Boynton Beach Relocation Page 1 of 3 Thuy Shutt, AIA, FRA RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. Boynton Beach, FL 33435 June 3, 2022 Re: 401-411 E. Boynton Beach Blvd., Boynton Beach, FL Dear Ms. Shutt, On behalf of the United States Postal Service (USPS), Jones Lang LaSalle is pleased to submit this Letter of Intent (LOI) to the Boynton Beach CRA. Due to the pending sale of the current USPS location, USPS needs to relocate its retail operation. To continue to best serve the community, USPS seeks a new location as close as possible to the downtown hub. The CRA-owned property at 401-411 E. Boynton Beach Blvd. is an ideal site. However, because USPS is unable to purchase the land directly and construct a new building itself, they are respectfully requesting the CRA’s assistance with the following solution: for the CRA to utilize Option II of its LOI Policy to issue a Request for Proposals to qualified parties to purchase the CRA-owned parcel and construct a freestanding building which USPS will lease on a long-term basis. Following are the details of this requirement: 1. USPS Building Requirements: Item Requirement Premises Size: 3,490 SF Premises Type: Retail post office Docks Required: One (1) dock Parking: 22 Spaces 2. Form of Lease: As a federal entity, USPS is required to utilize its lease form. 3. Rental Type: USPS seeks a modified gross lease, whereby the landlord would have responsibility for maintaining the building and grounds. 4. Space Condition: USPS will provide a complete design which the landlord shall use to construct the building shell. USPS will build out the interior itself. 5. Lease Term: 120 Months (possibly longer), with two (2) five-year options to renew. Please feel free to contact me with any further clarification or questions in order to help you expedite your response. 582 U.S. Postal Service Lease Proposal Boynton Beach Relocation Page 2 of 3 Sincerely, Sarah Kutner, Senior Transaction Manager Jones Lang LaSalle Email: Sarah.Kutner@am.jll.com Tel: (202) 719-6135 cc: Richard Hancock, USPS Steve Robinson, JLL 583 U.S. Postal Service Lease Proposal Boynton Beach Relocation Page 3 of 3 Attachment A USPS Concept Plan Land Survey 584 585 SURVEY JLW FILE 08/04/2020 BOUNDARY AND TOPO SURVEY FOR BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY WrightPSM, LLC PROFESSIONAL SURVEYING AND MAPPING 1248 SE 12TH AVE DEERFIELD BEACH, FL 33441 info@wrightpsm.com (772) 538-1858 www.wrightpsm.com CERTIFICATE OF AUTHORIZATION NO. L.B.8186 NAVD88C:\Users\wwrig\Documents\WrightPSM\Jobs\20-0710_407BBblvd\CAD Files\20-0710_CRA.dwg, 8/6/2020 6:34:58 PM586 From:Hancock, Richard A - Greensboro, NC To:Shutt, Thuy Cc:Tack, Timothy; Utterback, Theresa; Curfman, Vicki Subject:RE: [EXTERNAL] 401-411 E. Boynton Beach Boulevard Property and LOI Policy Date:Friday, June 3, 2022 10:12:32 AM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png USPS Proposal - Boynton Beach .pdf Hi Thuy, Per your request please see below in response to your questions. Provide a brief description of the financial structure for the proposal (you had verbally indicate a 15 year Treasury Bond – please provide details) and physical redevelopment of your proposed project. For instance, will specifications for the site elements and building shell be provided to the CRA for the Request for Proposal and Developer’s Qualifications (RFP/RFQ) Package? The Postal Service can commit to a 10 year firm initial lease with two 5 year renewal options. The 15 year term I mentioned would require HQ approvals. The lease and rent is backed by the Postal Service which is in turn backed up by the US Treasury. There is no Bond. Per #4 in the Proposal the Postal Service will be providing the Design documentation to the CRA. Provide a brief description of your proposed redevelopment timeline from execution of a purchase and development contract to project completion. The timeline is dependent on the CRA and the proposed construction timeline as well as the Postal Service final project approvals based on hard lease and construction costs. For a ballpark new space development we estimate approximately one year for completion. Very tentative timeline. Provide the amount of assistance, financial or otherwise, you would be seeking from the CRA. The Postal Service is seeking no assistance of any kind from the CRA. This is a request to lease a to be constructed new Postal Retail facility on CRA property at fair market rates. Thank you, Rick Richard Hancock Real Estate Specialist USPS Facilities PO Box 27497 Greensboro, NC 27498-1103 336-665-2848 336-324-7891 (Cell) richard.a.hancock2@usps.gov 587 From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Friday, June 3, 2022 9:51 AM To: Hancock, Richard A - Greensboro, NC <Richard.A.Hancock2@usps.gov> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us> Subject: RE: [EXTERNAL] 401-411 E. Boynton Beach Boulevard Property and LOI Policy CAUTION: This email originated from outside USPS. STOP and CONSIDER before responding, clicking on links, or opening attachments. Good afternoon Rick, In anticipation and preparation for our June 14, 2022 CRA Board meeting, I wanted to reach out to you regarding your Letter of Interest (LOI) submitted to us today and the conceptual site plan that was previously submitted on May 10th for the CRA owned properties located at 401-411 E. Boynton Beach Boulevard. It would be to Board’s benefit during their discussion of the item to have a few more details concerning your LOI and proposed project. Would please provide responses to the following items: Provide a brief description of the financial structure for the proposal (you had verbally indicate a 15 year Treasury Bond – please provide details) and physical redevelopment of your proposed project. For instance, will specifications for the site elements and building shell be provided to the CRA for the Request for Proposal and Developer’s Qualifications (RFP/RFQ) Package? Provide a brief description of your proposed redevelopment timeline from execution of a purchase and development contract to project completion. Provide the amount of assistance, financial or otherwise, you would be seeking from the CRA. I am out of the office today but Tim Tack, our Assistant Director will be working on the agenda item today. Responses to the items listed above will need to be submitted to Tim as soon as possible but no later than the end of day Monday, June 6, 2022 in order to be included in the June 14, 2022 CRA Board meeting documentation. If you have any question, please do not hesitate to contact Tim at (561) 600-9091. Thank you. Thuy Shutt , AIA, FRA‑RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-600-9098 588 ShuttT@bbfl.us | http://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Hancock, Richard A - Greensboro, NC <Richard.A.Hancock2@usps.gov> Sent: Friday, June 3, 2022 9:09 AM To: Shutt, Thuy <ShuttT@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: RE: [EXTERNAL] 401-411 E. Boynton Beach Boulevard Property and LOI Policy Hi Thuy, Good morning, please see attached the Postal proposal to lease a to be constructed building based on our requirements on the property referenced. We look forward to moving this project forward. Please contact me with any questions or if you need additional information. Thank you, Rick Richard Hancock Real Estate Specialist USPS Facilities PO Box 27497 Greensboro, NC 27498-1103 336-665-2848 336-324-7891 (Cell) richard.a.hancock2@usps.gov 589 From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Friday, April 1, 2022 11:17 PM To: Hancock, Richard A - Greensboro, NC <Richard.A.Hancock2@usps.gov> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: [EXTERNAL] 401-411 E. Boynton Beach Boulevard Property and LOI Policy CAUTION: This email originated from outside USPS. STOP and CONSIDER before responding, clicking on links, or opening attachments. Hi, Rick, As requested, I am attaching some documents for the site. We have demolished the easternmost building (409-411 E. Boynton Beach Blvd.) and sodded the vacant lots (see picture). The only structure remaining is the 401 E. Boynton Beach Blvd. building (see survey for size). I have also attached the Appraisal (pre-demolition) and the CRA LOI Policy. Let me know if you need anything else. Thank you and have a great weekend! Thuy Shutt , AIA, FRA‑RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-600-9098 ShuttT@bbfl.us | http://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 590 591 Meeting Minutes CRA Board Meeting Boynton Beach, FL May 9, 2023 B. Discussion and Consideration of the Responses to the RFP/RFQ for the CRA- owned Property located at 401-411 E. Boynton Beach Boulevard Mr. Timothy Tack, Assistant Director, explained the letter of intent that was received by the USPS. He stated that they have met the RFP/RFQ requirements and explained that they are rejecting both proposals as provided. He said that the Board will need to review all proposals and they can select a proposal today or at a subsequent date. Chair Penserga stated that there is insufficient information for the Board to move forward. He said that he is interested in hearing the presentations tonight, but that he is not prepared to move forward right now. Vice Chair Turkin asked why the bids are not viable. Mr. Tack explained that there was a concern with some items that was not provided. Vice Chair Turkin stated that he would like to wait on a decision as well. Board Member Hay agreed. Board Member Kelley asked if they are giving the two potential proposals a chance, and what new information are they expecting to receive. Mr. Tack said that what is presented right now is not acceptable. Board Member Kelley asked if we reject the proposals and we start over again, does that bar these applicants from reapplying. Ms. Rossmell stated that it would be cleaner to reject the proposals and start over. She added that there is nothing prohibiting them from applying again. Board Member Kelley asked about the timeline difference if we start over again vs. working with the current applicants. Ms. Shutt said that if there is new info proposed today, they would have to review it with the Post Office again. She explained the process if they started over, which would take 3 to 4 months. She said that they can be directed to look at different outlets. Chair Penserga asked if Board Member Kelley was suggesting that they start new and not listen to the proposals. Board Member Kelley responded yes. Vice Chair Turkin asked if it is within our scope to hire a general contractor and get the job done. 4 592 Meeting Minutes CRA Board Meeting Boynton Beach, FL May 9, 2023 Ms. Rossmell stated that there are many restrictions with the CRA, but they can look into the options. Chair Penserga stated that they can be a coordinator of sorts, and that he believes they could manage a job of this scale. Ms. Shutt explained the different options they have. Chair Penserga asked if they could get the information in by next meeting. Ms. Rossmell responded yes. Board Member Hay expressed concern about the commitment level, and he would like to look at the options discussed. Chair Penserga said that the current applications are insufficient, so at the next meeting they will assess all the options. Motion: Vice Chair Turkin moved to reject all bids. Board Member Kelley seconded the motion. The motion passed unanimously. Point of Order: Mr. Michael Weiner introduced himself, as a part of the team who made one of the bids. He asked if the cone of silence is over. Ms. Rossmell said that the cone of silence is over, after the motion is passed. She further explained the cone of silence. She apologized for not advising the Board to open public comment and recommended reopening to allow for it. Chair Penserga said the Board does not want to hear the presentations. Motion: Vice Chair Turkin moved to rescind the previous motion, to allow for public comment. Board Member Kelley seconded the motion. Public Comments: A discussion ensued about cone of silence and public comments. Chair Penserga opened public comments. 5 593 Meeting Minutes CRA Board Meeting Boynton Beach, FL May 9, 2023 Brian Hussey, BTH Development & Partners, introduced himself as one of the bidders. He said that they came out to offer further clarification and that the Post Office's interpretation was not fully understood. He explained the change to the site plan. He spoke about their proposed budget and changing market. Michael Weiner said that he only wanted to know whether they could speak to the Board Members individually following the meeting. He stated that both teams are facing the same set of problems. He commented that no one wants to see the Post Office go away but they need to deliver a message, and he believes they will continue to hit up against the Post Office barrier. Steven Grant joined virtually. He said that he uses the Post Office regularly as an attorney and the new site does not allow for distribution. He stated that a distribution site allows for better delivery. He recommended the CRA speak with the USPS again to see if they can afford another distribution site, to replace the site that they are trying to get rid of. Steve Miller joined virtually. He said that he works in the building north of the proposed location and it does not appear that the truck can back into the loading dock based on the design. He recommended a better location on 225 W. Boynton Beach Boulevard, which he believes is owned by the CRA. He also recommended a vacant lot across the street for a parking lot. He referenced drawings and photographs that he submitted. Chair Penserga closed public comments. Motion: Vice Chair Turkin moved to reject all bids. Board Member Hay seconded the motion. The motion passed unanimously. Vice Chair Turkin said since he was late, he wanted to disclose that he spoke to Mr. Anthony Barber regarding Item 13C. Additionally, he asked to add Homing Inn to Future Agenda, particularly how they can assist the project. Ms. Shutt explained the process for a request for assistance. She said that she can reach out to them to see what they need. Chair Penserga recommended to direct staff to reach out to Homing Inn for help. C. Project Update of the Purchase and Development Agreement with 306 NE 6th Avenue LLC for the CRA Owned Property located at 211 E. Ocean Avenue (TABLED 02/13/2023) Motion: Board Member Kelley moved to remove the item from the table. Board Member Hay 6 594 Meeting Minutes CRA Board Meeting Boynton Beach, FL Board Member Cruz said she is open to having a joint workshop. June 13, 2023 Consensus was reached to direct staff to identify a date for a joint workshop. Ms. Shutt anticipates the meeting would occur in September. D. Discussion and Consideration of the Options for the CRA-owned Property located at 401-411 E. Boynton Beach Boulevard Mr. Tim Tack, Assistant Director, introduced the item. He reviewed the options for site development including Invitation to Bid (1TB), Request for Proposals (RFP), Invitation to Negotiate (ITN), Letter of Interest (LOI), and Public-Private Partnerships (P3s). Board Member Kelley asked if the USPS has anyone interested in going the LOI route. Ms. Shutt said they do not have a development partner in this region. Ms. Shutt said they would like to cast a broader net if they go with an RFP, to include more entities outside of Florida. She said previous proposers could opt to submit another proposal. She stated they can entertain LOls or try more public advertising. Chair Penserga said his preference is an RFP with a pre-submission meeting. He does not want to repeat the mistakes of the past. They need to be clear what the USPS requires and asked for it to incorporated in an RFP. Board Member Kelley agreed about the RFP. Chair Penserga asked when the cone of silence would take effect. Ms. Rossmell said from RFP issuance until a decision is made . Board Member agreed with Chair Penserga and supports an RFP with a pre-submission meeting. Vice Chair Turkin said he is ok with the consensus. Board Member Cruz supports an RFP. Public Comments: Chair Penserga opened public comments. No one came forth to speak. No virtual comments. Chair Penserga closed public comments. Motion: Board Member Cruz moved to approve Option 1 as recommended by CRA staff. Board Member Kelley seconded the motion. The motion passed unanimously. E. Project Update on the Bride of Christ Daycare Center at NE 10th Avenue (TABLED 05/09/2023) 595 596 597 598 599 600 •Attachment I - 05-14-2024 Minutes Selecting Respondents to RFP for Appraisal COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 OLD BUSINESS AGENDA ITEM 14.C SUBJECT: Discussion and Consideration of the Standard Form Agreement for Property Appraisal Services per the Request for Proposals SUMMARY: On February 13, 2024, the CRA Board approved a 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. On May 14, 2024, the CRA Board reviewed, discussed, selected and approved the following firms to provide appraisal services on an as needed basis (Attachment I): Anderson Carr Parrish & Edwards Vance Real Estate Services Walter Duke & Partners CRA legal counsel has prepared a standardized Agreement for Property Appraisal Services pursuant to the terms of the RFP, any addenda thereto and the respondent's response to the RFP (Attachment II). FISCAL IMPACT: N/A CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approved the standardized Agreement for Property Appraisal Services as presented. 2. Do not approve the standardized Agreement for Property Appraisal Services as presented. 3. Alternative motion as presented by the CRA Board. ATTACHMENTS: Description 601 Services •Attachment II - Agreement for Property Appraisal Services 6.19.24 LLW 602 603 604 4867-2522-6953, v. 1 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AGREEMENT FOR PROPERTY APPRAISAL SERVICES This Agreement for Property Appraisal Services (hereinafter “Agreement”) is made by and between ______________________________________________________________________________ (hereinafter the “Contractor”) and the Boynton Beach Community Redevelopment Agency, a municipal corporation located at 100 E. Ocean Avenue, Boynton Beach, Florida 33435 (hereinafter the “CRA”) (collectively the “parties”). In consideration of the mutual covenants and promises set forth herein, the sufficiency of which both parties acknowledge, the parties agree as follows: 1) Notice and Contact. Contact Person for the Contractor: Business Name: Name: Address: Telephone Number: Email Address: Contact Person for CRA (hereinafter “Program Coordinator”): Name: Address: Email Address: Telephone Number: 2) Description of the Contractor Services: The Contractor will perform property appraisal services on an as-needed basis as more particularly described in Exhibit “A” (“Scope of Work”), which is hereby incorporated herein as if fully set forth. The obligations of the Contractor described in this paragraph shall be referred to in this Agreement as the “Contractor Services.” The parties may amend the Scope of Work through mutual, written agreement at any time prior to the termination of the Agreement. 3) Effective Date; Termination; Approximate Length of Contractor Services. This Agreement will become effective at the date and time that the last party signs this Agreement (“Effective Date”). Unless renewed pursuant to Paragraph 4 below, this Agreement will automatically terminate ________ year(s) after the Effective Date, or after the performance of all the Contractor Services and final payment by the CRA, whichever occurs 605 4867-2522-6953, v. 1 first. Nothing in this paragraph shall be construed so as to affect the CRA’s right to cancel or postpone the Contractor Services pursuant to this Agreement. 4) Renewal. Prior to the termination of this Agreement, the CRA may, at its option, renew this Agreement for ________ additional year(s) (or such shorter time as the parties may agree) under the same terms and conditions of the Agreement by providing written notice of renewal to Contractor. The renewed Agreement shall be effective with the mutual agreement of both parties. 5) Compensation. The CRA shall pay the Contractor in accordance with the Fee Schedule attached as Exhibit B. 6) Form of Payment of Compensation. All payments of Compensation shall be made in the form of a CRA check made payable to: . The final payment shall be made within 45 days after submittal of an invoice for Contractor Services and all Contract Documents (as required under paragraph 19), in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Contractor Services. 7) Equipment, Etc. All equipment, supplies, transportation, set-up, and break-down, and anything else. necessary to provide the Contractor Services shall be provided by and at the expense of the Contractor. 8) Personnel. Contractor represents that Contractor has, or will secure, all necessary personnel required to perform the Contractor Services under this Agreement. Such personnel shall not be employees of, or have any contractual relationship with, the CRA. All of the Contractor Services shall be performed by the Contractor, or under Contractor’s supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, licensed or permitted under state and local law to perform such Contractor Services. Contractor warrants that all Contractor Services shall be performed by skilled and competent personnel in accordance with all applicable federal, state, and local professional and technical standards. 9) Cancellation. The CRA reserves the right to cancel or postpone the performance of the Contractor Services or terminate this Agreement for any reason. The CRA shall not be liable to Contractor for payment for any Contractor Services not yet rendered, but shall be liabl e for payment of goods received and accepted by the CRA and Contractor Services rendered and accepted by the CRA prior to the date of notice of cancellation. 10) Default. The failure of the Contractor to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the Contractor fails to cure the default within seven (7) days of notice from the CRA or prior to the next event for which Contractor Services are anticipated, whichever is sooner, the CRA may terminate this Agreement and refuse payment of compensation accordingly. The CRA may, at its option, substitute another contractor for Contractor in the event Contractor defaults on and breaches 606 4867-2522-6953, v. 1 this Agreement. Nothing in this paragraph shall be construed as a limitation on any damages the CRA may incur or is entitled to as a result of Contractor’s breach or default. If the CRA breaches the Agreement, the CRA shall have seven (7) days from the receipt of written notice of such breach to cure the breach. 11) Waiver. The CRA shall not be responsible for any property damages or personal injury sustained by the Contractor from any cause whatsoever related to the Contractor Services of this Agreement, whether such damage or injury occurs before, during, or after the performance of the Contractor Services. The Contractor 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 the Contractor. 12) Indemnification. The Contractor 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 C RA, 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 the Contractor. 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 Contractor 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. 13) No Transfer. The Contractor shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without express, written, prior permission from the CRA. 14) Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 15) Insurance. The Contractor shall obtain all insurance required by the CRA and provide proof thereof at least 7 days prior to the performance of the Contractor Services, and include, along with an executed copy of this Agreement, a Certificate of Insurance (“COI”) for comprehensive general liability insurance with a liability limit of at least $1,000,000 per occurrence. 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 Contractor Services or this Agreement. The CRA is to be included as “Additional Insured” with respect to liability arising out of services performed by the Contractor by or on behalf of the CRA or acts or omission of the Contractor in connection with providing Contractor Services pursuant to this Agreement. The Certificate must include the following additional insured language: Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, Florida 33435 607 4867-2522-6953, v. 1 The City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, Florida 33435 In the absence of a COI, the Contractor shall sign the CRA Indemnification & Waiver of Liability Agreement provided by the CRA. 16) Tax Forms. The Contractor shall provide the CRA with completed W-9 forms in order receive Payment. The CRA shall provide the Contractor with an IRS Form 1099 where required under law. The Contractor further acknowledges that the CRA is neither paying Social Security benefits nor withholding taxes from the Contractor’s compensation for the Contractor Services. The Contractor assumes all liability and responsibility for payment of the Contractor’s (and the Contractor’s individual members) own FICA and Social Security benefits and all taxes resulting from this Agreement. 17) No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, familial status, gender identity, gender expression, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 18) No Partnership, Etc. The Contractor 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 the Contractor is an (a) independent Contractor(s) and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Contractor Services; and that Contractor is an independent contractor and not an employee of the CRA for all purposes including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker’s Compensation Act, and the State Unemployment Insurance Law. The Contractor will exercise its own judgment in matters of safety for itself and its employees and subcontractors. The Contractor attests that all personnel that will be performing the Contractor Services are covered under a current personal accident and/or personal health insurance policy. 19) No Infringement. The Contractor represents that in performing the Contractor Services under this Agreement, the Contractor will not infringe on the property right, copyright, patent right or any other right of anyone else; and if any suit is brought or a claim made by anyone that anything in conjunction with the ownership or the presentation of said Contractor or appearance as part of the Contractor Services is an infringement on the property right, copyright, patent right, or other rights, the Contractor will indemnify the CRA against any and all loss, damages, costs, attorney fees or other loss whatsoever. The Contractor shall not use the CRA’s logos, or marks without the CRA’s prior written approval. 20) 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 608 4867-2522-6953, v. 1 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. 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) 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. 23) 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. 24) 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. 25) Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties. To that end, this Agreement is declared severable. 26) Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Agreement. No waiver by the CRA shall be deemed a continuing waiver unless expressly stated in writing, and no action or inaction by the CRA shall be deemed a waiver. All waivers by the CRA must be expressly stated in writing. The Contractor may waive any requirements of the CRA contained in this Agreement. 27) Public Records. The CRA is a 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 CRA to perform the Contractor Services described 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 Chapter 119, Florida Statutes, or as otherwise provided by law. 609 4867-2522-6953, v. 1 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 the contractor 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 the Contractor or keep and maintain public records required by the CRA to perform the service. If the Contractor transfers all public records to the CRA upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to 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 THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 100 E. Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435; or TackT@bbfl.us. The Contractor also understands that CRA may disclose any document in connection with performance of the Contractor Services or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 28) Agent. If this Agreement is signed by the Contractor’s agent, the agent warrants that he/she is duly authorized to act on behalf of the Contractor, that he/she is authorized to enter into this Agreement, and that the agent and Contractor are jointly and severally liable for any breach of this Agreement. 29) Limitation of liability. To the extent permitted by law, the CRA’s liability for all matters that occur as a result of, arise out of, or are otherwise related to this Agreement, including negligent, grossly negligent, or willful misconduct or omission, shall be limited to the amount of Compensation or the direct out-of-pocket damages actually incurred, whichever is less. 30) Funding. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the CRA. In the event funds to finance this Agreement become unavailable, the CRA may terminate this Agreement upon no less than twenty-four (24) hours’ notice to Consultant. The CRA shall be the sole and final authority as to the availability of funds. The CRA shall pay Consultant for goods received or services rendered prior to the date of termination. 31) Force Majeure. Neither party shall be deemed to be in breach of this Agreement if either party is prevented from performing any obligations required of it by reason of boycotts, shortages of materials, labor disputes, embargoes, acts of God, epidemic, pandemic, acts of public enemy, 610 4867-2522-6953, v. 1 acts of superior governmental authority, floods, riots, foreign or civil wars, rebellion, terrorism, sabotage by third parties, or any other similar circumstances for which it is not reasonably responsible and which are not within its control. 32) Attorney’s Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, each party shall be responsible for its own attorneys’ fees and costs. 33) Compliance with Laws. In the performance of the Contractor Services under this Agreement, the Contractor shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations, including ethics and procurement requirements. 34) E-Verify. Contractor warrants for itself and its subcontractors that Contractor and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Contractor agrees and acknowledges that the CRA is a public employer that is subject to the E-Verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 apply to this Contract. Notwithstanding any other provisions in this Agreement, if the CRA has a good faith belief that Contractor has knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this contract, the CRA shall terminate the contract. If the CRA that has a good faith belief that a subcontractor knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Contract, the CRA shall promptly notify Contractor and order Contractor to immediately terminate the contract with the subcontractor. Contractor shall be liable for any additional costs incurred by the CRA as a result of the termination of a contract based on Contractor’s failure to comply with E-Verify requirements referenced herein. 35) Non-Scrutinized Company. Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the CRA determines that this certification is falsified or contains false statements, or that Contractor is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Agreement, the CRA may terminate the Agreement. 36) Agreement Non-Exclusive. Contractor shall be free to contract for similar services to be performed for other entities or persons while under contract with the CRA. The provision of services provided for herein is non-exclusive. The CRA in its sole and absolute discretion may retain additional entities or persons to perform the same or similar work. 37) Electronic Signatures. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. 38) Survival. The provisions of this Agreement regarding infringement, indemnity, waiver, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. 611 4867-2522-6953, v. 1 39) Incorporation of the Request for Proposal. The documents listed below are a part of this Agreement and are hereby incorporated by reference, as though fully set forth herein. In the event of inconsistency between the documents, unless otherwise provided herein, the terms of the following documents will govern in the following order of precedence: a. Terms and conditions as contained in this Agreement. b. Terms and conditions contained in Boynton Beach CRA Request for Proposals for Property Appraisal Services issued March 1, 2024, including any addenda thereto. c. Contractor’s response to Boynton Beach CRA Request for Proposals for Property Appraisal Services issued March 1, 2024 and any subsequent information submitted by Contractor during the evaluation and negotiation process. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. By: __________________________________ Date: ___________________ Authorized Representative for Contractor Print Name: _______________________________________ Witness: __________________________________________ Date: ___________________ Witness Name: _____________________________________ By: __________________________________ Date: ___________________ Authorized Representative for CRA Print Name: _______________________________________ Witness: __________________________________________ Date: ___________________ Witness Name: _____________________________________ 612 4867-2522-6953, v. 1 EXHIBIT A Scope of Work: a. Contractor will 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 files 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. The Scope of Work includes the Contractor’s response to Boynton Beach CRA Request for Proposals for Property Appraisal Services issued March 1, 2024, attached hereto and incorporated into this Exhibit A. 613 4867-2522-6953, v. 1 EXHIBIT B: FEE SCHEDULE 614 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 OLD BUSINESS AGENDA ITEM 14.D SUBJECT: Continued Consideration of Candidates for Selection of New Executive Director SUMMARY: On November 13, 2023, the CRA Board directed staff to advertise the Executive Director position (Attachment I). The position was advertised on LinkedIn, FRA, IEDC and Indeed. 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. On February 13, 2024, the CRA Board chose four (4) candidates to interview: Lisa Nicholas, Lauren Pruss, Joan Oliva and Jessica Del Vecchio. Jessica Del Vecchio withdrew her name and the other three (3) candidates were interviewed. On March 21, 2024, the CRA Board chose to move forward with Joan Oliva. The CRA Board Attorney and Board Chair would meet to negotiate the terms of an employment agreement. Upon completion of the negotiations, staff will bring an employment agreement for approval at the next available CRA board meeting. On April 25, 2024, Joan Oliva sent an email withdrawing her name from the Executive Director position (Attachment IV). On May 14,2024, The CRA Board directed staff to readvertise and 9 candidates responded, 615 •Attachment I - BBCRA Executive Job Posting •Attachment II - Executive Staff Hiring Process •Attachment III - Minimum Qualifications Checklist •Attachment IV - 04-25-2024 Email from Ms. Oliva •Attachment V - Minimum Qualifications one withdrew interest in the position (Attachment V). FISCAL IMPACT: FY 2023-2024 General Fund Budget, Executive Department; Line Item #01-51230-100 CRA BOARD OPTIONS: 1. Direct Staff to contact candidates for interviews 2. To be determined by the CRA Board. ATTACHMENTS: Description 616 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TITLE: EXECUTIVE DIRECTOR REPORTS TO: BBCRA BOARD SALARY RANGE DEPENDING ON QUALIFICATIONS: $140,000 - $210,000 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. 617 • 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. • 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. 618 • 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. • 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 applicable 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 educa tion 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. 619 PHYSICAL REQUIREMENTS: 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. Please email all resumes to Vicki Hill, Finance Director hillv@bbfl.us 620 621 622 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 623 1 Curfman, Vicki Subject:Todays meeting External Email Mayor and Kathryn, After much inner debate, I have decided not to pursue the ED job in Boynton Beach. The Board here in Lake Worth Beach offered me a renewed, multi-year contract and a substanial raise. After taking into consideration the dialogue at the BB Commission meeting where I was ranked as the top candidate and the consternation over salary, I believe negotiations would not have been fruitful. In fact, I suspect it could create more controversy than needed. The City of Boynton Beach CRA has a fabulous team and leadership and I wish you all nothing but the best in the future. The decision is bittersweet as I really feel, together, we could accomplish more good things for the City and its residents. However, I know you are in good hands and if I can ever be of help in the future, please do not hesitate in contacting me. Thank you so much for your patience and efforts on my behalf. Joan Oliva 624 MINIMUM QUALIFICATIONS - EXECUTIVE DIRECTOR POSITION First Name Last Name Bachelors Masters Experience Affliations Meets Minumum Angela Bauldree-Vanbeber Public Administration NA 5+Yes Chanal Carlisle Human Ecology Communication 5+NAIOP Yes Dichondra Johnson Arts Administration & Marketing MBA, MPA, PHD Business 5+Yes Giovanni Moss Public Management MPA 5+Yes Lisa Nicholas Psychology Public Administration 5+FRA, IEDC, FLC, ICSC Yes Mellone Long Urban Studies Public Policy and Management 5+Yes Phillip Harris Communication MBA, DBA 5+Yes Sammie Brown 5+FRA No Withdrew Application William Corbin Political Science MPA 5+Yes 625 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 NEW BUSINESS AGENDA ITEM 15.A SUBJECT: Discussion and Consideration of Tax Increment Revenue Request from BB North LLC for The Villages located at 405 E. Ocean Avenue SUMMARY: BB North LLC (BB North), owner of +/-3.37 acres located at 405 E. Ocean Avenue (see Attachment I), submitted an application for Tax Increment Financing (TIF) for the project known as The Villages. BB North purchased the property in May of 2022 from the previous owner who had obtained site plan approval for a mixed-use project. BB North worked to make various changes to the site plan through a minor modification that was approved on September 27, 2023. BB North is currently going through their second round of permitting with the City's Building Department (see Attachment II). The Project now includes 668 total parking spaces, approximately 8,000 square feet of retail and restaurant space, two plazas and a linear park along the railroad right of way that acts as a pedestrian connection between Boynton Beach Boulevard and Ocean Avenue. In addition to the Project’s existing 21,890 square feet of open space, an affiliate of BB North purchased the property at 401 E. Ocean Avenue and will be incorporating it into the project by building a large public plaza with mature trees and space for a rotating kinetic sculpture. On March 13, 2024, CRA Staff received an email from BB North including an application for TIF (see Attachment III). In summary, BB North’s pending application requests 95% of the Project TIF up to a maximum of $12,500,000.00. As consideration, Developer proposes: To construct 120 public parking spaces restricted for use by the public; 1000 square foot neighborhood coffee shop at 50% market rental rate for 15 years CRA staff has hired an independent third-party financial consultant to assist in reviewing the TIF request. The evaluation will focus on the Project’s need for TIF funding and the financial impact. The evaluation will include general comments evaluating the public benefits proposed by BB North. The financial analysis will be brought back before the CRA Board for review and discussion. FISCAL IMPACT: To be determined by the CRA Board. CRA PLAN/PROJECT/PROGRAM: 626 •Attachment I - Location Map •Attachment II - Approved Site Plan •Attachment III - March 13, 2024 TIF Request Letter 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined based on Board direction. ATTACHMENTS: Description 627 628 344266RLC 14 SE 4th Street, Boca Raton, FL 33432 Tel 561 393 6555 Fax 561 395 0007 Web www.rlcarchitects.com RLC 14 SE 4th Street, Boca Raton, FL 33432 Tel 561 393 6555 Fax 561 395 0007 Web www.rlcarchitects.com RLC 14 SE 4th Street, Boca Raton, FL 33432 Tel 561 393 6555 Fax 561 395 0007 Web www.rlcarchitects.com RLC 14 SE 4th Street, Boca Raton, FL 33432 Tel 561 393 6555 Fax 561 395 0007 Web www.rlcarchitects.com 629 1 March 13, 2024 Boynton Beach Community Redevelopment Agency Timothy Tack, Ac@ng Execu@ve Director 100 E. Ocean Ave Boynton Beach, FL 33435 Re: BB North LLC Tax Increment Revenue Financing Agreement Please accept this letter as BB North LLC’s (“BB North”) application for a Tax Increment Revenue Financing Agreement (“TIRFA”). BB North is the owner of +/-3.37 acres located at 405 E Ocean Avenue in the city of Boynton Beach, Florida. BB North purchased the property in May of 2022 from the previous owner who had obtained site plan approval for a mixed-use project with 336 residential units, retail on the ground floor and a structured parking garage in 2017. BB North worked within the confines of the city code to make various changes to the site plan through a minor modification (as modified the “Project”). BB North was able to increase the amount of open space, increasing the size of various plazas and a linear park along the railroad right of way. The Project now includes 668 total parking spaces, approximately 8,000 sq ft of retail and restaurant space, two plazas and a linear park along the railroad right of way that acts as a crucial pedestrian connection between Boynton Beach Blvd. and Ocean Avenue. After listening to the concern of residents and city commissioners, BB north is also dedicating 120 parking spaces on the first floors of the garage for public use, helping to alleviate the lack of parking spaces in the city’s downtown. The Project will provide substantial economic benefits to the City of Boynton Beach including $31,000,000 in CRA TIF revenues measured through FY 2041, averaging $1,850,000 annually, supporting 1,600 temporary construction jobs spread out over a period of 24-26 months for general contractor, sub- contractors, and professional service vendors, supporting 175 permanent jobs after project completion, including apartment management, building maintenance, parking management and restaurant employment. Other benefits include non-ad valorem revenue for the City and County, including $1,300,000 for a one-time City building permit fees, $2,900,000 for one-time County impact fees, and $1,375,000 annual city revenues for utility and franchise fees. Intangible revenue producing benefits include the attraction of people to the Project and its parks, including the innovative linear dog walking park along the edge of the FEC railway, and the 120 public parking spaces in the Project for visitors and those wishing to attend events in the downtown and those seeking Boynton Beach’s excellent existing and future dining facilities in the area. Public Open Spaces The Project consists of 21,890 square feet of open space which has been thoughtfully designed to activate all sides of the Project. On Boynton Beach Blvd there is a colonnade with a café space with outdoor seating. On 3rd avenue there is a public plaza located at the center of the project with lush landscaping and benches. Ocean Avenue features the largest plaza with restaurant space wrapping it on 3 sides, beautiful trellises for pedestrian shading, lush landscaping and seating for various restaurants. Along the railroad right of way the Project incorporates a linear park with a meandering path amongst lush landscaping. Boynton Beach Blvd is currently a dead zone for pedestrian activity and the linear park should help bring pedestrian traffic to Boynton Beach Blvd and vice versa. In addition to the Project’s existing open space, an affiliate of BB North purchased a dilapidated building on the corner of Ocean Avenue and 3rd street that had accumulated various violations and was an eyesore for city residents. That building has been demolished and BB North’s affiliate will be incorporating it into 630 2 the project by building a large public plaza with mature trees and space for a rotating kinetic sculpture exhibit for the city’s sculptures. Another affiliate of BB North’s, BB South, LLC, would also agree to donate the building located at 306 SE 1st Ave. to the City, CRA or other nonprofit entity of the city or CRA’s choice (the “Recipient”) provided the Recipient relocates the building, at its expense, to another parcel and such donation does not delay construction of the Project and occurs within 6 months of the approval of this request. Parking BB North has met with various stakeholders and a consistent message has been the need for public parking. Currently there are very few parking spaces in the city’s downtown making it difficult for existing businesses to attract customers and hindering the area’s potential. BB North diligently studied the parking garage and during the minor modification process was able to add more spaces. The garage currently has 668 spaces, 39 more than is required by code. Furthermore, John Donaldson, a professional traffic engineer, conducted a traffic study for the project and determined that due to its downtown location, walkability and mix of uses, only 459 spaces would be needed to serve the residential portion of the project. Per the city’s code, 59 spaces are required for the commercial portions of the project, leaving 150 spaces more than what is required by the project from a practical standpoint. Instead of having many spaces sit empty and to help alleviate the downtown parking situation, BB North is proposing to provide 120 public parking spaces within the Project’s garage. The 120 public parking spaces provide a value to the city of $6,600,000 based on the city’s TIF agreement with Affiliated Residential for the project at 115 N Federal Highway. BB North or its successors or assigns would be responsible for managing the spaces and would retain any revenue from parking meters to help cover maintenance and management. Retail To help activate Boynton Beach Blvd., BB North will be providing approximately 1,000 square feet plus outdoor seating for a neighborhood coffee shop. BB North will provide this space at 50% of the market price, plus NNN expenses, to a local coffee shop operator for a period of 15 years. This coffee shop will also have access to the inside of the building through one of the Project’s lobbies helping to give the coffee shop a built-in clientele of residents. This is in addition to the retail being provided on Ocean Ave which is expected to be leased to multiple restaurants and will help draw more foot traffic to the area. Enhanced Infrastructure As part of the Project BB North will upgrade city infrastructure above the level required by code including roadway improvements to Boynton Beach Blvd., 3rd St and Ocean Avenue, drainage improvements on 3rd street, replacement of a 6” watermain on Boynton Beach Blvd with a 12” watermain and an extension of the watermain on Ocean Avenue. The costs associated with this infrastructure work are $794,773 and are detailed in the attached cost estimate provided by Ballbe & Associates. Summary Multifamily projects are currently facing various headwinds making it very difficult to pencil out a deal. Construction costs have increased over 50% from pre-covid levels, insurance costs have almost doubled, impact fees have drastically increased, and operating expenses continue to rise. On top of this, the federal funds rate has gone up from .05% in April 2022 to 5.33% in January 2024 and banks, if they are lending at all, are requiring substantially more equity. 631 3 The Project is currently on its second round of permitting and is the furthest along of any major development in Boynton Beach. We are literally on the final stretch, but we cannot get there without the City’s partnership. We are asking that the city provide us with $12,500,000 to bridge the gap and help us break ground on this great project which we hope will help kick off the revitalization of Ocean Avenue. BB North’s project provides the following public benefits: - 120 Public Parking Spaces $6,600,000 - Public Open Spaces $1,930,000 - Corner parcel plaza/park $1,150,000 - Coffee shop subsidy $225,000 - Enhanced Infrastructure $794,773 - Total Value of Public Benefits $10,699,773 - Future CRA Annual Tax Revenues $31,000,000 - Total Benefits to CRA/City $41,699,733 Total TIRFA Request $12,500,000 BB North has not sought any other incentives, dedications or land from the CRA or the City and, provided the TIRFA is approved, is ready, willing, and able to execute the Project as soon as the city issues the building permit. Thank you for your consideration. Sincerely, Manny Mato Principal of Edgewater Capital Investments 632 DATE:February 20, 2024 PROJECT NAME:PROJECT NUMBER: THE VILLAGES AT EAST OCEAN (NORTH PARCEL)202122 ENGINEER'S COST ESTIMATE FOR THE FOLLOWING PUBLIC IMPROVEMENTS: #2 #4 #5 #6 #7 ITEM NO.DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT #2 Pedestrian Path: #2 Clearing and grubbing 1 AC $10,000 $10,000 #2 Cut and fill earthwork 1,000 C.Y.$15 $15,000 #2 12" Stabilized subgrade 420 S.Y.$5 $2,100 #2 2" Gravel 1 C.Y.$1,500 $1,500 Sub-total #2 =$28,600 #4 Roadway N.E. 3rd Street: Demolition 1 L.S.$75,000 $75,000 12" Stabilized subgrade LBR40 1,400 S.Y.$5 $7,000 10" Limerock base LBR 100 1,150 S.Y.$15 $17,250 2" Asphalt SP-9.5 1,150 S.Y.$20 $23,000 Mill existing asphalt (1" avg. thickness)1,150 S.Y.$3 $3,450 Resurface asphalt SP-9.5 (1" avg. thichness)1,150 S.Y.$10 $11,500 Valley gutter 460 L.F.$18 $8,280 Type "F" curb and gutter 135 L.F.$18 $2,430 ADA Handicap ramps 2 EA.$800 $1,600 Pavement markings and signage 1 L.S.$10,000 $10,000 Extend section of water main on Oceant Avenue along the the east property line of the Villages South Public access pedestrian path adjacent to railroad from Ocean Ave. to Boynton Beach Blvd. Right-of-way improvements to N.E. 3rd Street, including roadway, sidewalks, light poles, landscaping, drainage, water and sewer from Boynton Beach Boulevard south to Ocean Avenue Replace 6" DIP water main on E. Boynton Beach Blvd with a 12" C-900 PVC water main Line existing 12" gravity sewer main on N.E. 3rd Street which is vetrified clay pipe (VCP) ballbé associates, inc. 3564 n. ocean boulevard, fort lauderdale, florida 33308 • p-954-491-7811 633 #4 Roadway Boynton Beach Blvd: Demolition 1 L.S.$10,000 $10,000 Mill existing asphalt (1" avg. thickness)475 S.Y.$3 $1,425 Resurface asphalt SP-9.5 (1" avg. thichness)475 S.Y.$10 $4,750 Type "F" curb and gutter 345 L.F.$18 $6,210 ADA Handicap ramps 1 EA.$800 $800 Pavement markings and signage 1 L.S.$2,500 $2,500 #4 Roadway Ocean Avenue: Demolition 1 L.S.$15,000 $15,000 12" Stabilized subgrade LBR40 275 S.Y.$5 $1,375 10" Limerock base LBR 100 175 S.Y.$15 $2,625 Pavers for parking 175 S.Y.$90 $15,750 Mill existing asphalt (1" avg. thickness)700 S.Y.$3 $2,100 Resurface asphalt SP-9.5 (1" avg. thichness)700 S.Y.$10 $7,000 Valley gutter 295 L.F.$18 $5,310 Type "F" curb and gutter 435 L.F.$18 $7,830 ADA Handicap ramps 2 EA.$800 $1,600 Pavement markings and signage 1 L.S.$5,000 $5,000 Sub-total Roadway #4 =$248,785 #4 Drainage N.E. 3rd Street Type "C" Inlet 4 EA.$4,000 $16,000 Type "D" Inlet 1 EA.$6,000 $6,000 6' Dia. Manhole 5 EA.$7,000 $35,000 Construct 5' Dia. Manhole over ex. Drainage 1 EA.$10,000 $10,000 18" R.C.P.160 L.F.$40 $6,400 Exfiltration trench 480 L.F.$150 $72,000 ballbé associates, inc. 3564 n. ocean boulevard, fort lauderdale, florida 33308 • p-954-491-7811 634 Drainage Boynton Beach Blvd: Remove and replace inlet top 1 L.S.$3,500 $3,500 Sub-total Drainage #4 =$148,900 #5 Replace water main Boynton Beach Blvd: Remove ex. 6" water main 325 L.F.$20 $6,500 Install 12" PVC water main 325 L.F.$130 $42,250 Pavement restoration 1 EA.$50,000 $50,000 Sub-total Water #5 =$98,750 #6 Line existing sewer main N.E. 3rd Street:825 L.F.$150 $123,750 #7 Extend water main Ocean Avenue and South Parcel 8" Tapping Sleve 2 EA.$15,000 $30,000 Install 12" PVC water main 450 L.F.$110 $49,500 Pavement restoration 1 EA.$50,000 $50,000 Sub-total Water #7 =$129,500 $555,785 3%$16,674 5%$27,789 15%$83,368 5%$27,789 5%$27,789 10%$55,579 $794,773 Contingencies TOTAL AMOUNT = Sub-Total Amount = Testing Geotech Survey Layout and Asbuilts Design / Permitting /Inspections / Final Certification Mobilization Maintenance of Traffic MOT ballbé associates, inc. 3564 n. ocean boulevard, fort lauderdale, florida 33308 • p-954-491-7811 635 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 NEW BUSINESS AGENDA ITEM 15.B SUBJECT: Consideration and Discussion of Fiscal Year 2024-2025 Project Fund Budget SUMMARY: The Boynton Beach CRA is a quasi-governmental, Special District operating under Title XI, Chapter 163, Part III of the Florida Statutes. The agency's annual financial operations run on a fiscal calendar beginning on October 1st and ending on September 30th of each year. The CRA does not obtain its revenue from charging an additional tax. The CRA receives its annual funding based on a percentage share of the existing ad-valorem property taxes paid to the City of Boynton Beach and Palm Beach County. The CRA’s annual budget is comprised of three accounting funds: 1. The General Fund which contains the administrative, general operation, insurances, property maintenance and CRA/CRAAB and marina related items; 2. The Debt Service Fund which contains the CRA’s financial debt obligations and encumbrances such as bond repayments and developer ’s tax increment funding agreements; and, 3. The Project Fund which contains all of the capital projects, development projects or initiatives, property acquisitions, local business grant programs or promotional events, as well as eligible innovative policing activities such as the Neighborhood Officer Program. At this first CRA budget meeting, the Board's Fiscal Year 2024-2025 Project Fund budget allocation discussion will assist in identifying the priority projects for the upcoming fiscal year as well as deciding what funding amounts to provide to each proposed Project (see Attachment I). The Project Fund and overall budget breakdown will identify bond debt obligations, existing tax increment revenue funding agreements obligations and available funding for priority projects, programs or funding requests such as but not limited to the Neighborhood Officer Police Program, District Improvement Projects, Business Development and Promotional Events and Marketing. The number presented is an estimate. The final numbers from the Property Appraiser's Office have not been received. The CRA's Fiscal Year 2024-2025 Budget discussion will occur at the CRA Advisory Board (CRAB) meetings held on August 1st and September 7th, as well as, the CRA Board’s August 13th and September 10th meetings. Final approval and adoption of the CRA’s annual budget for Fiscal Year 2024-2025 by the Boynton Beach City Commission is anticipated to occur at their September 17, 2024 meeting. 636 •Attachment I - Fiscal Year 2024-2025 Proposed Budget FISCAL IMPACT: To be determined based on Board discussion and action. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined by CRA Board based on discussion and direction. ATTACHMENTS: Description 637 638 639 Category FY 2024 QTY FY 2025 Notes Personnel Officer Salaries & Incentives * 350,913 4 442,098 Salary, Education Incentive Officer Benefits-Pension 196,747 4 244,598 Pension Officer Benefits 66,905 4 82,116 Healthcare, Dental, Vision, FICA Officer Overtime 40,000 4 40,000 Total Personnel Costs $ 654,565 $ 808,812 Operating Expenses Cell Phones Service Plan 3,000 4 3,500 Cell Phones for CRA Officers Office Supplies / Misc Supplies 2,500 2,500 Office Supplies (incl printer/ copier) Office Electric, Cable/ Internet, water/sewage 12,000 12 12,000 Monthly Operating Cost Office Space Monthly Maintenance 2,000 12 2,000 AC Filters/Repairs etc. Office Cleaning 2,000 12 2,000 City Cleaning Crew Uniform 2,250 4 2,500 uniforms,belts Community Events/Promotions 5,000 1 6,000 Youth Programs Training 8,000 4 8,500 CPTED, STEP academy Total Operating Expense $ 36,750 $ 39,000 Equipment Misc. Equipment - As needed 3,000 1 4,000 Misc. Equipment Volcanic 2024 Approach Patrol Bike 2 3,598 Volcanic Frame Bike Patrol Bags 4 716 Niterider Digital Patrol LED Police Bike Liight 4 2,000 Niterider Police Tail Light 4 280 Total Equipment Costs $ 3,000 $ 10,594 Total Proposed Program Expenses $ 694,315 $ 858,406 FY 2025 ILA Amount 858,406$ NOTE: All amounts provided by Police Department with exception of Contingency and ILA amount for FY 2024-2025 *Salary and Benefits are subject to change as a result of an ongoing contract renegotiation. FY 2025 COMPREHENSIVE ANNUAL BUDGET- CRA NEIGHBORHOOD POLICING PROGRAM 640 BUSINESS PROMOTIONS TENATIVE DATES 2024/2025 BUDGET HOLIDAY LIGHT INSTALLATION December 2024 Dewey Park 100 NE 4th Street $13,000 Boynton Harbor Marina 735 Casa Loma Blvd $13,950 100 NE 4th Street & 735 Casa Loma Blvd.Total Holiday Light Installation $26,950 HOLIDAY BOAT PARADE Friday, December 13, 2024 735 Casa Loma Boulevard Total Holiday Boat Parade $40,000 BOYNTON BEACH SPRING MARKET Saturday, March 22, 2025 Total Boynton Beach Spring Market $65,000 ROCK THE PLAZA Ocean Palm Plaza - 1600 N, Federal Highway Saturday, April 26, 2025 $30,000 Ocean Plaza - 640 East Ocean Avenue Saturday, May 17, 2025 $30,000 Heart of Boynton Shops - 118 E. MLK Jr. Blvd.TBD $30,000 One Boynton - 1351 S. Federal Highway Thursday, June 26, 2025 $30,000 Total Rock the Plaza $120,000 ROCK THE MARINA & MARINA MONTH Saturday, June 7, 2025 120 E. Ocean Avenue Total Rock the Marina $40,000 BOYNTON BEACH NIGHT MARKET Friday, July 25, 2025 & Saturday, July 26, 2025 120 E. Ocean Avenue Total Boynton Beach Night Market $80,000 ROCK THE BLOCK Saturday, August 30, 2025 100 NE 4th Street Total Rock the Block $40,000 BON APPETIT BOYNTON BEACH - RESTAURANT MONTH September 2025 Total Restaurant Month $58,000 EQUIPMENT & SUPPORT $100,000 RIBBON CUTTING/GROUND BREAKINGS $15,000 TOTAL COST OF BUSINESS PROMOTIONS $584,950 BOYNTON BEACH CRA FY 2024 - 2025 BUSINESS PROMOTIONS BUDGET - 02-58500-480 641 EVENTS DATE 2024/2025 BUDGET ADDITIONAL COMMENTS BOYNTON BEACH BUCKS A business promotional program to provide economic support to local businesses through targeted campaigns that will be promoted both digitally and in- person at events. Budget is based off of continuing to mange this program in-house and adding a postal and digital aspect. Funds would be used for actual reimbursement to businesses, paid digital/print ads, postage, supplies, and printing. Total Boynton Beach Bucks $50,000 PROMOTIONAL VIDEOS Videos to promote various BBCRA projects and initiatives - Project Spotlights, Bon Appetit Boynton Beach, Business Development Videos,Tutorial Videos for Economic Development Toolkit Budget would include the costs of videography, actors, industry experts (if needed), supplies/materials, and purchases from businesses as needed. Total Promotional Videos $50,000 PROMOTIONAL PHOTOS Photos to capture BBCRA projects and initiatives, business features, grand openings, etc. Budget would include the costs of photographers, actors, supplies/materials, and purchases from businesses as needed. Total Promotional Photos $15,000 BUSINESS DEVELOPMENT WORKSHOPS Various business development workshops to cover various topics, such as: Strategic planning, Growth & Expansion, Business Plan Overview, Finance & Accounting, Marketing Strategy, Operations Management, Diversity & Inclusion, Interpersonal Skills for Success, Grant Writing - Minority & Female Owned Businesses, Local Resources, Time & Stress Management, Leadership & Hiring Budget would inlude costs for speakers/industry experts, marketing, and purchases from businesses for special features. Total Business Development Workshops $50,000 FY 2023 - 2024 $165,000 ROLLOVER TOTAL COST OF MARKETING ►$165,000 BOYNTON BEACH CRA FY 2024-2025 BUSINESS DEVELOPMENT BUDGET - 02-58400-445 642 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 NEW BUSINESS AGENDA ITEM 15.C SUBJECT: Discussion and Consideration of Temporary Use Agreement with OHLA USA, Inc. for the Use of CRA Properties as a Construction Staging Area for the Boynton Beach Complete Street Project SUMMARY: The BBCRA owns the properties located at 219 & 225 West Boynton Beach Boulevard and 212 & 222 NW 3rd Court (Attachment I). CRA staff was recently contacted by the contractor, O H L A USA, Inc. (OHLA), for the Boynton Beach Boulevard Complete Street Project to use these CRA properties as a staging area for various equipment and material storage. OHLA has agreed upon completion of construction to clean up the lot by removing invasive tree species, disposal of existing pavement/concrete, site clearing/grading and placement of sod. It is anticipated that construction will be complete in late 2025. CRA staff and OHLA USA, Inc. have worked together on the terms of a Temporary Use Agreement which has been reviewed by CRA legal and is attached for CRA Board review (Attachment II). FISCAL IMPACT: N/A CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Boynton Beach Boulevard District CRA BOARD OPTIONS: 1. Approve the Temporary Use Agreement with OHLA to use the CRA properties located at 219 & 225 West Boynton Beach Boulevard and 212 & 222 NW 3rd Court as a staging area for construction equipment/materials for the Boynton Beach Boulevard Complete Street project and to allow the agreement to be executed by CRA Chair. 2. Do not approve the Temporary Use Agreement with OHLA to use the CRA properties located at 219 & 225 West Boynton Beach Boulevard and 212 & 222 NW 3rd Court as a staging area for construction equipment/materials for the Boynton Beach Boulevard Complete Street project. 3. Alternative direction as determined by the Board. 643 •Attachment I - Location Map •Attachment II - Temporary Use Agreement for Construction Staging FINAL ATTACHMENTS: Description 644 645 Page 1 of 15 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TEMPORARY USE AGREEMENT This Temporary Use Agreement (“Agreement”) is made by and between the Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III, Florida Statutes, located at 100 E. Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435 (the “BBCRA”) and OHLA USA, Inc., a Foreign Profit Corporation whose principle office is located at 9675 NW 117th Avenue, Suite 108, Miami, FL 33178 (“Permittee”). The BBCRA and Permittee may be described individually as a “party” or collectively as the “parties.” WHEREAS, BBCRA is the owner of certain real properties in the City of Boynton Beach, Palm Beach County, Florida, (the “Properties”), as described in Exhibit “A,” which is attached hereto and hereby incorporated herein; and WHEREAS, Permittee has requested the use of the Properties in order to establish a parking, staging, and storage of materials, on a temporary basis, for the FDOT SR 804 (Boynton Beach Blvd.; From NW 3rd St. to US 1 (Federal Hwy) project (the “Project”), which is further described in Exhibit “B,” which is attached hereto and hereby incorporated herein; and WHEREAS, Permittee has requested the use of the Properties and has provided a site layout for the property which is attached as Exhibit “C,” and hereby incorporated herein; and WHEREAS, BBCRA is willing to allow the Permittee to use the Properties in accordance with the terms of this Agreement; and WHEREAS, the BBCRA finds the Project would further the goals of the 2016 Boynton Beach Community Redevelopment Plan; NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the sufficiency of which both parties hereby acknowledge, BBCRA hereby grants to the Permittee and the Permittee hereby accepts the use of the Properties upon the following terms and conditions: 1) Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) Effective Date and Termination. This Agreement becomes effective at the date and time the last party executes this Agreement (the “Effective Date”). This Agreement will automatically terminate on 10/01/2025, unless earlier terminated in accordance with the terms of this Agreement. The BBCRA may terminate this Agreement at any time by providing 90 days written notice to the Permittee. The time period beginning on the Effective Date and ending upon the termination of the Agreement shall be referred to as the Agreement Term. 3) Use of Properties; Limitations. BBCRA will allow Permittee to use the Properties for parking, staging, and material storage purposes associated with the FDOT SR 804 (Boynton Beach Blvd.; From NW 3rd St. to US 1 (Federal Hwy) Project. Permittee may use the Properties only for such other 646 Page 2 of 15 purposes explicitly permitted by this Agreement (such as altering the Properties), or approved in writing by the BBCRA. Permittee will ensure the Properties are used only for parking, staging, and material storage purposes associated with the Project, and will ensure that only Permittee’s employees and Permittee’s subcontractors working on the Project use the Properties. Permittee may not list the Properties, or any portion of the Properties, as Permittee’s business address for any reason whatsoever. Permittee’s obligations under this Agreement concerning indemnification, waiver, insurance, attorneys’ fees and costs, discrimination, public records, hazardous materials and waste, and compliance with governmental regulations remain regardless of whether Permittee uses the Properties in a manner that complies with the terms and provisions of this Agreement. 4) Term of Use. Permittee may use the Properties commencing on the day after the Effective Date (the “Commencement Date”). Permittee will surrender the Properties to the BBCRA in compliance with the requirements of this Agreement no later than 11:59 pm on October 1, 2025, or within 7 days of termination of this Agreement, whichever occurs first. 5) Compensation. As compensation for use of the Properties, Permittee will pay BBCRA a total of $10.00, and other good and valuable consideration. Permittee shall deliver the $10.00 to the BBCRA within 7 days of the Effective Date in a form acceptable to the BBCRA. 6) Default. The failure of Permittee to comply with the terms or provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If Permittee fails to cure the default within seven (7) days of written notice from the BBCRA, the BBCRA may terminate this Agreement and is not required to refund any compensation or other consideration provided in exchange for Permittee’s use of the Properties. 7) Corporate Standing. Prior to using the Properties, Permittee will provide evidence of its corporate good standing to the BBCRA. 8) Acceptance of Properties. Permittee certifies that it has inspected the Properties and accepts the Properties "as is" for use in the Properties’ existing condition as of the Effective Date of this Agreement. Permittee shall prepare a preconstruction video of the Properties and provide it to the BBCRA prior to using the Properties. 9) Alterations to the Properties. The Permittee shall not make or permit any improvements, additions, modifications or alterations whatsoever to the Properties, without first receiving written approval of the BBCRA Executive Director. Alterations may include the following, where both parties agree such alteration is needed, and where such alteration occurs in accordance with the requirements of the BBCRA and the City of Boynton Beach: a. Construct a temporary construction entrance containing a 4" compacted aggregate to stabilize the existing entrance/exit surface if there is no entrance; and/or, b. Transition ramps to allow ingress/egress from the Properties where there are no access drive-ways; and/or, c. Additional grass seeding or alternative material for stabilization purposes. 647 Page 3 of 15 10) Silt & Perimeter Fencing. Within 14 days of the Effective Date, Permittee will install silt and perimeter fencing around the perimeter of the Properties. After such fencing is installed, all parking will occur within the fenced area only. No further written approval is required to undertake the obligations described in this section. 11) Waste or Nuisance. The Permittee shall not commit or allow to be committed any waste upon the Properties or any nuisance or other act or thing which may result in damage or depreciation of value of the Properties or which may affect BBCRA’s fee interest in the Properties. 12) Hazardous Materials and Waste. The Permittee shall not store, contain or dispose of any hazardous materials or waste of any kind on the Properties. Permittee shall ensure that any vehicles parked or stored on the Properties are in acceptable working condition and do not contain leaks that would result in the contamination of the Properties. If any contamination of the Properties occurs as a result of the Permittee’s use of the Properties, Permittee, at its sole expense, will be responsible for and will conduct any and all necessary studies and remediation to clean-up the Properties. 13) Compliance with Governmental Regulations. The Permittee shall, at the Permittee’s sole cost and expense, comply with all ordinances, laws, statutes and regulations promulgated by any and all county, municipal, state, federal and other applicable governmental authorities, including the BBCRA, now in force, or which may hereafter be in force, pertaining to the Permittee or its use of the Properties. 14) Maintenance of the Properties. During the Agreement Term, Permittee will keep the Properties in good repair and will keep the Properties free from debris, refuse, and rubbish. 15) Surrender of the Properties. No later than 7 days after the termination of this Agreement, or October 01, 2025, whichever is sooner, Permittee shall surrender the Properties to BBCRA. Prior to surrendering the Properties, Permittee, at its sole cost and expense, shall: a. Remove all of its personal property from the Properties; b. Remove all trash, rubbish, debris, and equipment, and any temporary improvements from the Properties; and c. Scope of work as described in attached Exhibit “B” for the agreed upon improvements of the property. 16) Costs of Improper Surrender. If the Permittee fails to remove any of the personal property from the Properties, upon expiration of the Agreement Term, BBCRA may remove said personal property from the Properties for which the cost the Permittee shall be responsible and shall pay promptly upon demand. If the Properties are not returned in the same condition the Properties were in as of the Commencement Date of this Agreement, with the addition of the required grassing, the BBCRA will notify Permittee of any damage to the Properties and Permittee shall pay to the BBCRA all expenses incurred by the BBCRA in repairing and replacing any damage to the Properties. 17) Liability Insurance. The Permittee shall, during the entire Agreement Term, keep in full force and effect General Liability Insurance in an amount not less than one million dollars ($1,000,000.00) per occurrence combined single limit bodily injury and property damage liability. The insurance must 648 Page 4 of 15 remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of this Agreement and Permittee’s use of the Properties. All insurance policies shall name the BBCRA as Additional Insured. Such insurance shall be obtained from an insurance company licensed to do business in the State of Florida, and is subject to approval by the BBCRA. A Certificate of Insurance evidencing such insurance coverage shall be provided to the BBCRA prior to the Commencement Date, and the Certificate of Insurance must indicate that the insurance provider will give at least thirty (30) days prior notice of cancellation or adverse material change in coverage. The General Liability Policy shall include the following coverage for Properties: Operations, Contractual Liability, and Broad Form Property Damage Liability coverage. In no event shall the limits of said insurance policies be considered as limiting the liability of the Permittee under this Agreement. In the event that the Permittee shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by the Permittee under this Agreement, BBCRA may procure same from such insurance carriers as BBCRA may deem proper, and the Permittee shall pay, upon demand of the BBCRA, any and all premiums, costs, charges and expenses incurred or expended by BBCRA in obtaining such insurance. Notwithstanding the foregoing sentence, the Permittee shall nevertheless hold BBCRA harmless from any loss or damage incurred or suffered by BBCRA from the Permittee's failure to maintain such insurance. 18) Indemnification. The Permittee shall indemnify, save and hold harmless the BBCRA, its officers, employees, and representatives from and against any and all claims, suits, actions, damages and/or causes of action arising for any personal injury, loss of life and/or damage to property sustained in or about the Properties by reason or as a result of this Agreement or use of the Properties by the Permittee, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments and/or decrees which may be entered thereon, and from and against all costs, attorney fees (including those at the appellate level), expenses and liabilities incurred in and about the defense of any such claim. In the event BBCRA, its officers, employees, or representatives shall be made a party to any litigation commenced against the Permittee or by the Permittee against any third party, then the Permittee shall protect and hold BBCRA harmless and pay all costs and attorneys' fees incurred by BBCRA in connection with such litigation, and any appeals thereof. Nothing contained herein shall be construed as a waiver of sovereign immunity enjoyed by the BBCRA, as provided in Florida Statutes 768.28 as amended, or any other law providing limitations on claims. Permittee shall indemnify, defend, save, and hold BBCRA harmless from any and all penalties, fines, costs, expenses, suits, claims or damages resulting from the Permittee’s failure to perform its obligations in this Agreement, including attorney’s fees and costs, which specifically includes fees and costs incurred at the trial and appellate levels. 19) Waiver. The BBCRA will not be responsible for any property damages or personal injury sustained by the Permittee, Permittee’s employees, or Permittee’s subcontractors from any cause whatsoever related to the Permittee’s use of the Properties, whether such damage or injury occurs before, during, or after the use of the Properties. Permittee hereby forever waives, discharges, and releases the BBCRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Permittee, its employees or subcontractors. This waiver, 649 Page 5 of 15 discharge, and release specifically includes negligence by the BBCRA, its agents, or its employees, to the fullest extent the law allows. 20) 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. 21) Notice; Writing Required. Whenever either party desires to give notice to the other party, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this section. Any consents, approvals and permissions by BBCRA shall be effective and valid only if in writing and if it meets the requirements for delivery of notices. For the present, the parties designate the following addresses to receive notices, consents, approvals, and permissions: (a) If to BBCRA, at: Timothy Tack, Acting Executive Director Boynton Beach CRA 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 Telephone No. (561) 737-3256 with a copy to: Kathryn Rossmell, Esquire Lewis, Longman & Walker, P.A. 360 South Rosemary Avenue, Suite 1100 West Palm Beach, Florida 33401 Telephone No. (561) 640-0820 (b) If to Permittee, at: Name: Kristian Navarro Address: 9675 NW 117th Avenue, Suite 108 Miami, Florida 33178 Telephone No.: (305) 588-3103 22) Time of Essence. Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor. 23) No Transfer. The Permittee will not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or profit corporation, or other entity. 650 Page 6 of 15 24) No Discrimination. The Permittee shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital statutes, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement or the Permittee’s use of the Properties. 25) No Partnership, Etc. Nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, principal-agent, or employee relationship. 26) Health and Safety. The Permittee will take the proper safety and health precautions to protect its employees and subcontractors that use the Properties, the BBCRA, the public, and the property and products of others. Permittee will be responsible for all damage to persons and/or property that occur as a result of the Permittee’s negligence or misconduct. The Permittee will exercise its own judgment in matters of safety for its employees and subcontractors that use the Properties. 27) 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. 28) 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. 29) Waiver of Jury Trial. The parties waive the right to trial by jury for any matters arising out of, relating to, or resulting from this Agreement or the performance of this Agreement. BY ENTERING INTO THIS AGREEMENT, PERMITTEE AND BBCRA HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS CONTRACT AFTER A WRITTEN NOTICE OF VIOLATION OF THIS PARAGRAPH, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLY ATTORNEYS’ FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR A JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 30) 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 in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the 651 Page 7 of 15 United States District Court for the Southern District of Florida, for all purposes, to which the parties expressly agree and submit. 31) 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. 32) Severability. If any term of this Agreement, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Agreement, shall be valid and enforceable to the fullest extent permitted by law. 33) Voluntary Waiver of Provisions. The BBCRA may, in its sole and absolute discretion, waive any requirement of Permittee contained in this Agreement. Such waiver shall only be effective if contained in a writing that meets all the delivery requirements of providing notice under this Agreement, shall waive only those items explicitly identified in the written notice as being waived, and shall not be deemed a continuing waiver unless the written notice explicitly states that the waiver is continuing waiver. 34) Public Records. The BBCRA is a public agency subject to Chapter 119, Florida Statutes. Permittee shall comply with Florida’s Public Records Law. Specifically, the Permittee shall: a. Keep and maintain public records required by the BBCRA to perform as described in this Agreement. b. Upon request from the BBCRA’s custodian of public records, provide the BBCRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of the Agreement Term and following completion of the Agreement if the Permittee does not transfer the records to the BBCRA. d. Upon completion of the Agreement, transfer, at no cost, to the BBCRA all public records in possession of the Permittee or keep and maintain public records required by the BBCRA to perform the service. If the Permittee transfers all public records to the BBCRA upon completion of the Agreement, the Permittee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Permittee keeps and maintains public records upon completion of the Agreement, the Permittee shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the BBCRA, upon request from the BBCRA’s custodian of public records, in a format that is compatible with the information technology systems of the BBCRA. 652 Page 8 of 15 IF THE PERMITTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PERMITTEE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 737-3256; 100 E. Ocean Avenue, 4th Floor, Boynton Beach, FL 33435; or TackT@bbfl.us Permittee also understands that BBCRA may disclose any document in connection with the Permittee or the Permittee’s use of the Properties pursuant to this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 35) Authorized Signatory. Permittee’s signatory to this Agreement warrants that he or she is duly authorized to enter into this Agreement on behalf of Permittee, to obligate Permittee, and to otherwise act on Permittee’s behalf as required to execute and perform under this Agreement. 36) Survival. The provisions of this Agreement regarding indemnification, waiver, public records, legal expenses, jury trials, and insurance shall survive termination of this Agreement and remain in full force and effect. 37) Non-Scrutinizing Company. Permittee 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 Permittee is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Agreement, the BBCRA may terminate the Agreement. 38) E-Verify. Permittee warrants for itself and its subcontractors that Permittee and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Permittee 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 apply to this Agreement. Notwithstanding any other provisions in this Agreement, if the BBCRA has a good faith belief that Permittee has knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this contract, the BBCRA shall terminate the contract. If the BBCRA that has a good faith belief that a subcontractor knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Contract, the BBCRA shall promptly notify Contractor and order Contractor to immediately terminate the contract with the subcontractor. Contractor shall be liable for any additional costs incurred by the BBCRA as a result of the termination of a contract based on Contractor’s failure to comply with E-Verify requirements referenced herein. 39) Electronic Signatures. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. 653 Page 9 of 15 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the _____ day of _____________________and year written below. ATTEST: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ______________________________ Ty Penserga, CRA Chair Date: _________________________ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ____ day of ____________, 2024, by Ty Penserga, Chair of the Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III, Florida Statutes. He/She is personally known to me or has produced _____________________________ (type of identification) as identification. ________________________________________ Notary Public – State of Florida Approved as to form: By: __________________________________ Print: ________________________________ Boynton Beach Community Redevelopment Agency Counsel 654 Page 10 of 15 ATTEST: OHLA USA, Inc. _________________________________ Print Name: Donald Hickey Title: Executive Vice President Date:_____________________________ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ____ day of ____________, 2024, by ___________________________, as ____________________ (name of officer or agent, title of officer or agent), of ____________________, Inc. , a Florida corporation, on behalf of the company. He/She is personally known to me or has produced _____________________________ (type of identification) as identification. __________________________________ Notary Public – State of Florida 655 Page 11 of 15 EXHIBIT "A" • 212 NW 3rd Court, Boynton Beach, FL 33435 PNC 08-43-45-21-07-001-1180 Lots 118 and 119 Block A, Boynton Hills, in accordance with the plat thereof on file in the Office of the Circuit Court Palm Beach County, Florida in Plat Book 4, Page 51. • 222 NW 3rd Court, Boynton Beach, FL 33435 PNC 08-43-45-21-07-001-1160 Lots 116 and 117 Block A, Boynton Hills, according to the Plat thereof, as recorded in Plat Book 4, Page 51, of the Public Records of Palm Beach County, Florida. • 219 West Boynton Beach Boulevard, Boynton Beach, FL 33435 PNC 08-43-45-21-07-001-1120 Lot 112 and the East 25 feet of Lot 113, Block A, Boynton Hills, Less the Souther ly 10 feet thereof, according to the map or plat thereof as recorded in Plat Book 4, Page 51, Public Records of Palm Beach County, Florida. • 225 West Boynton Beach Boulevard, Boynton Beach, FL 33435 PNC 08-43-45-21-07-001-1131 The West 25 feet of Lot 113 and all of the Lots 114 and 115, Block A, of BOYNTON HILLS, (Less South 10 Feet State Road 804 R/W, recorded in Official Record Book 1313, Page 128) according to the Plat thereof as recorded in Plat Book 4, Page(s) 51, of the Public Records of PALM BEACH County, Florida. 656 Page 12 of 15 AERIAL MAP OF OVERALL SITE 657 Page 13 of 15 EXHIBIT "B" SCOPE OF WORK Permittee is to perform the following described work, on the property located at: • 219 West Boynton Beach Boulevard - PCN 08-43-45-21-07-001-1120 • 225 West Boynton Beach Boulevard - PCN 08-43-45-21-07-001-1131 • 222 NW 3rd Court - PCN 08-43-45-21-07-001-1160 • 212 NW 3rd Court - PCN 08-43-45-21-07-001-1180 Provide DOT approved staging area site plan Provide pre-construction video of property including adjacent sidewalks and roads Installation of 6’ temporary fencing and screening around perimeter of property Installation of silt fencing Remove all asphalt Remove concrete driveways on NW 3rd Court Remove all bushes and hedges per site map Remove two stand-alone tree stumps extending more than 12” above ground Remove Tree #1-Melaleuca (uprooting sidewalk) Remove Tree #2-Schefflera (uprooting sidewalk) Remove Tree #3-Melaleuca (uprooting sidewalk) Remove Tree #4-Tree/Stump Remove chain link fence-only the portion of the fence determined to be on Owner’s property Remove group of tree stumps/roots along with concrete block & slab se corner of property Clearing and grubbing of entire site Rough grade lots resulting in a smooth transition from one end of property to the other; ready for sod Remove and/or replace sidewalk on NW 3rd Court, as determined by City Sod all lots with Bahia Remove portion of retaining wall & steps and grade per site map, on Boynton Beach Blvd. Remove 2 curb cuts and aprons per site map, on Boynton Beach Blvd. 658 Page 14 of 15 659 Page 15 of 15 EXHIBIT “C” PROPOSED SITE LAYOUT 660 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 NEW BUSINESS AGENDA ITEM 15.D SUBJECT: Discussion and Consideration of Purchase and Sale Agreement for 413 W. Boynton Beach Boulevard SUMMARY: BBCRA Staff actively pursues the purchase of properties within the BBCRA Districts in order to spur redevelopment opportunities in accordance with 2016 Boynton Beach Community Redevelopment Plan (see Attachment I, Page 60 and CRA Plan Implementation, ID #D-3). With the Boynton Beach Boulevard Complete Street Project underway, BBCRA Staff continues to investigate properties within the vicinity of Boynton Beach Boulevard. For over two decades, the CRA has been successful in spurring redevelopment efforts along the eastern portions of East Boynton Beach Boulevard which resulted in mixed use projects such as Marina Village, 500 Ocean, The Villages, The Pierce and Ocean One. The western portion of Boynton Beach Boulevard, with lower entitlement potentials, has not seen as much development interest as its counterpart in the east. The CRA recently purchased the properties located at 433 W. Boynton Beach Boulevard and 219-225 W. Boynton Beach Boulevard (see Attachment II & III). The property located at 413 West Boynton Beach Boulevard (Attachment IV), adjacent to CRA property 433 W. Boynton Beach Boulevard, has become available for purchase. The property contains a single-family residence which has been converted into an office building. The building is approximately 1,970 sq. ft. with two tenants. The owner, James A. Bonfiglio, is interested in selling the property to the CRA for $1,200,000.00 with the following terms (see Attachment V): $120,000 Deposit Closing within 60 days of signed Purchase and Sale Agreement Premises delivered with 2 tenants for 60 days after closing, rent free, in order to have time to relocate 2023 taxes to be prorated and CRA to pay all other closing costs This offering combined with the recent purchase of the 433 West Boynton Beach Boulevard property furthers the CRA’s opportunity to initiate the redevelopment of the north portion of West Boynton Beach Boulevard, which is the gateway to Downtown Boynton Beach. 661 •Attachment I - CRA Implementation and Plan •Attachment II - PAPA Map & Info - 433 W BB Blvd. •Attachment III - PAPA Map & Info - 225 W BB Blvd. •Attachment IV - Location Map - 413 W BB Blvd. •Attachment V - 04.29.24 - Bonfiglio Offer Letter •Attachment VI - Appraisal 24-0701 413 W BB Blvd Office Bonfiglio •Attachment VII - Boynton Beach Blvd. District Development Potential (FLU and Zoning) •Attachment VIII - 413 W BB Blvd Comparisons An appraisal of the property was conducted by the CRA on May 11, 2024, and valued the lot at $780,000.00 (Attachment VI). T he lot is approximately 9,744 square feet (.22 acres) and zoned neighborhood commercial (C2). The future development would be a mixed-use development under the MU Low Future Land Use Classification and corresponding MU 1 Zoning District. The development potential would allow a mixed-use development with a maximum density of 20 units per acre and a maximum height of 45 feet (Attachment VII). Provided as Attachment VIII is an inventory of recent CRA acquisitions and/or offerings of commercial properties to use as a comparison in pricing properties per square foot. This item is being brought before the BBCRA Board for discussion on the potential purchase of the property. Due diligence would be performed as part of the purchasing process. FISCAL IMPACT: Purchase price to be determined by the Board. FY 2023-2024 Budget, Project Fund, Line Item 02-58200-401 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Boynton Beach Boulevard District CRA BOARD OPTIONS: 1. Approve the purchase of the property located at 413 West Boynton Beach Boulevard from James A. Bonfiglio according to the terms and amount as determined by the CRA Board and bring the Purchase and Sale Agreement back to the Board for approval and signature. 2. Do not approve the purchase of the property located at 413 West Boynton Beach Boulevard from James A. Bonfiglio. 3. Alternative direction as determined by the Board. ATTACHMENTS: Description 662 Planning & Policy ID Project Name Project Description Responsible Party Proposed Funding Source Highest Priority STATUS P-1 Comprehensive Plan Update Amend Comprehensive Plan's Future Land Use Element to implement the Future Land Use classification structure recommended by the CRA Plan City City * COMPLETE P-2 Land Development Regulations Audit Review Land Development Regulations and generate recommendations to ensure consistency with the CRA Plan Staff/CRA* CRA * COMPLETE P-3 Amendments to Land Development Regulations Implement recommendations produced by the LDR's audit Staff/CRA* CRA P-4 Priority Land Development Regulations Amendments Review of Height Exception Staff Staff/CRA * Adoption of R-4 Zoning District Adoption of MU-4 Zoning District Adoption / revision of Ocean Ave. Overlay PARTIAL Adoption of the Boynton Beach Blvd Overlay Adoption / revisions of Sustainable Development regulations Review of Residential Compatibility standards P-5 Transition Work Plan Establish district-by-district work plan, prioritize redevelopment sites Staff/CRA City P-6 City-initiated FLU and Zoning for Key Sites Execute FLU amendments and rezonings for sites deemed to be a priority for redevelopment City City * Started / Ongoing P-7 Complete Streets Create and adopt a Complete Streets program that will provide roadway and pedestrian area design requirements for major roadways within the CRA Staff/CRA CRA P-8 CRA District Parking Study Conduct a study of current and future parking needs within identified areas of the CRA District and make recommendations of how and where to create public or shared parking. CRA* CRA P-9 Architectural Style Review Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the applicable Districts. This process will include public input. Staff/CRA CRA *Consultant may be hired by CRA to complete this task 663 Development and Capital Projects ID Project Name Project Description Responsible Party Proposed Funding Source Highest Priority STATUS D-1 Town Square A public/private partnership to redevelop the City-owned 16.5 acres at the western end of the Cultural District area. The project will include new civic and private uses. City/CRA/TBD City/CRA/TBD * Started / Ongoing D-2 Development Incentives Create and adopt financial incentive programs to attract higher paying jobs, hotels, public parking and full-service grocery stores to the CRA District CRA CRA D-3 Land Acquisition Continue to acquire land in strategic locations to implement the goals of the CRA Plan CRA CRA * Started / Ongoing D-4 Parks, Greenways and Eco trails Plan for and implement parks, greenways and eco trails within the CRA to enhance quality of life for residents CRA CRA Started / Ongoing D-5 Public Parking Structures Acquire property, analyze financing options and issue Request for Proposals for development CRA CRA * D-6 Streetscape Easement and ROW Acquisition Acquire easements and ROW where needed for streetscape improvements CRA CRA D-7 Affordable Housing Create programs and policies to support the development of affordable housing CRA CRA COMPLETE D-8 CRA Wayfinding Signage Design Design and construct a uniquely branded wayfinding program for the CRA and each District CRA CRA D-9 Critical Street Crossings Target, design, and build critical street crossings throughout the CRA CRA CRA D-10 Boynton Beach Entry Feature at I-95 Design and build a unique entry feature at I-95 CRA CRA * 664 Initiatives & Programs ID Project Name Project Description Responsible Party Proposed Funding Source Highest Priority STATUS I-1 Workforce Housing Review/amend the City’s Workforce Housing Ordinance City City * COMPLETE I-2 Land Assembly Assistance Create programs that remove barriers to land assembly CRA CRA I-3 Clean and Safe Program Implement projects that include Neighborhood Policing, Code Enforcement and Litter Reduction to improve the appearance of the CRA District. CRA CRA Started / Ongoing I-4 Business Development Program Support CRA Economic Development Programs to provide incentives to expand existing businesses and to recruit new businesses to the CRA District. CRA CRA * Started / Ongoing I-5 Marketing Initiatives Marketing and promotional initiatives utilizing various media outlets to market the CRA District and its assets, to showcase redevelopment efforts, programs and incentives, special events and available redevelopment opportunities. CRA CRA * Started / Ongoing I-6 Small Business Marketing Program Marketing and promotion of existing and new or emerging businesses within the CRA District utilizing various media outlets to encourage long range success. CRA CRA Started / Ongoing I-7 Special Events Programs Create and implement unique special events and community activities that showcase redevelopment efforts and opportunities as well as existing businesses within the CRA District. CRA CRA * Started / Ongoing I-8 Boynton Harbor Marina Continue to provide financial investment to improve, maintain and promote this unique asset to ensure its ongoing success. CRA CRA * Started / Ongoing 665 55 Boynton Beach Boulevard District Introduction Planning Challenges Planning Considerations The Vision Recommendations 666 56D.District PlansIntroduction Currently there is no adopted plan for the Boynton Beach Boulevard corridor. There were public workshops held in 2005 to discuss the vision for the corridor, and many of the recommendations from those workshops are incorporated into this plan. There has been little redevelopment progress along the corridor at the scale envisioned by this Plan due to lack of developable parcels, no clear development vision and little to no public investment. The CRA invested in a public parking lot in 2015 to serve the future downtown growth. The Agency is currently in the planning phase for improvements to Boynton Beach Boulevard. The Boynton Beach Boulevard District consists of the Boynton Beach Boulevard corridor between I-95 and the FEC Railway. The District extends north to N.E. 3rd Avenue and south to W. Ocean Avenue (west of Seacreast Boulevard) and N.E. 1st Avenue (East of Seacrest Boulevard). This area is the main entry into the downtown from the I-95 exit and will therefore establish the first impression that visitors and many residents have of the City. The district also provides easy access to the City’s public beach, the Boynton Harbor Marina, City Hall, the Children’s Schoolhouse Museum and the Library. The areas directly north and south of the District are predominately large single-family neighborhoods. There is no buffer between the commercial uses fronting the corridor and residential uses which has held back property values in these neighborhoods. N Seacrest Blvd.FEC RailroadBoynton Beach Blvd. NE 1st Ave NE 3rd Ave W. Ocean Ave Planning Challenges As the City’s population grew, Boynton Beach Boulevard was widened to five lanes thereby accommodating higher traffic speeds and higher traffic volume, while lowering the aesthetic quality of the corridor. Additionally, commercial zoning only extends one-half block deep from Boynton Beach Boulevard which represents insufficient land necessary to support the land assembly and redevelopment for viable commercial uses. As a consequence, business activity along the corridor has primarily consisted of minimal conversion of single-family houses to commercial uses rather than redevelopment at the scale envisioned for this Plan. Nearly all of the parking for the businesses along the Boulevard is Figure 10: Boynton Beach District Location Map 667 57 in front of the buildings meaning that in many cases, cars have to back out into traffic. There are numerous curb cuts for each commercial use along the corridor leaving little room for landscape improvements and the pedestrian zone. Due to the widening of the Boynton Beach Boulevard over the years, vehicular use has been emphasized over pedestrian or bike use. Under the current configuration of the roadway, there is insufficient right-of-way for landscaping, wider sidewalks, bike lanes, bus shelters and street furniture. Recently large utility poles were installed on the south side of the Boulevard adding to the visual blight of the corridor. There are only three signalized intersections that have formal pedestrian crossing zones. Pedestrians must walk several blocks in order to cross the Boulevard. There are no destinations along the corridor to attract the interest of visitors or residents other than City Hall and the Post Office. The majority of the businesses belong to the small service industry with few employees. The buildings are outdated, being constructed from the 1930’s to the 1970’s. The majority of the buildings are for single-tenant or single-use with no cross-access for pedestrian or vehicular circulation purposes or for sharing of parking resources. Additionally, there are no large parcels ready for redevelopment thereby requiring land assemblage and willing sellers. City Hall is located along Boynton Beach Boulevard but is envisioned to be relocated into the Cultural District as part of the Town Square project. City Hall and the other civic uses occupy 3.71 acres and offer an opportunity for a public-private partnership to facilitate a catalyst for redevelopment within the District. Figure 11: Examples of Districts Planning Challenges 668 58D.District Plans669 59 Figure 12: Historic Property on First Avenue Planning Considerations Several factors were considered in determining the land use designations for the Boynton Beach Boulevard District. Just east along the District is the location of the future site of the Tri-Rail Coastal Link commuter service on the FEC Rail line, which will serve the South Florida metropolitan region. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a ½ mile radius around the planned station. The DTOD district regulations support increased intensity of development through a 25% density bonus. The Boynton Beach Boulevard District and DTOD district overlap; only the area from I-95 to (approximately) N.W. 2nd Street is not included within the DTOD District. A second consideration is that the Boynton Beach Boulevard District is entirely enclosed within the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of I-95, exempts all development from the Palm Beach County traffic concurrency thus allowing denser development. The Plan recommends that the higher density and height occur within this District where both the TCEA and the TOD overlap. NW 1st Avenue Historic District: The potential NW 1st Avenue historic district contains thirteen properties, seven of which would be considered “contributing properties”. The designation process was applied but failed to produce a positive result (although the outcome of the vote was very close). It is recommended that the designation of a historic district be again explored in the future if there isn’t any assemblage of the properties on the north side of NW 1st Avenue for commercial development. In the meantime, the owners of the “contributing” sites will be contacted to determine their interest in applying for individual designation of their properties. 670 60D.District PlansVision The Boynton Beach Boulevard District is envisioned to serve as a welcoming and beautiful entry into the Downtown District. Pedestrians will be encouraged to walk along the broad sidewalks in the shade of mature trees to visit the various stores and restaurants along the corridor. Bicyclists will safely travel along the corridor and will be able to park their bikes at one of the local shops where they’ll meet a friend for a cup of coffee. Visitors will be able to find their way to the marina, the Children’s Schoolhouse Museum and the Public Library using the various way finding signs along the corridor. Investors will see the value of developing in downtown Boynton Beach based on the public improvements and will begin to assemble land for development of mixed-use projects. Recommendations: Streetscape Streetscape enhancements are recommended for the Boynton Beach Boulevard District. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Implement a Complete Streets program for Boynton Beach Boulevard including the addition of: • On-street parking • Bike lanes • Enhanced median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Narrowing of travel lanes to create space for landscaping and wider sidewalks and to make the street safer for bicyclists and pedestrians. • Create a Pedestrian Zone adjacent to the right- of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8’ wide clear sidewalk Figure 13: Boynton Beach Blvd. District Streetscape Recommendations Area • Minimum 8’ wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles • Active uses along the first floor of development • Create a greenway along the north side of NW 1st Avenue per the Connectivity Plan • Create way finding signage to mark the entry into the City and brand the district • Install public art in key locations • Provide additional pedestrian crossings where needed • Underground overhead utilities 671 61 Entrance enhancements •Signage / Gateway Intersection enhancements •Directional signage •Pavement / material •Landscaping •Public art location •Safe pedestrian crossing Intersection enhancements •Entry to Downtown •Directional signage •Pavement / material •Landscaping •Public art location •Safe pedestrian crossing 50Figure 14: Intersection enhancements on Boynton Beach Blvd. Figure 15: Example of streetscape enhancements on Boynton Beach Blvd. 672 62D.District PlansFigure 16: Boynton Beach Blvd. Plan from I-95 to Seacrest Blvd. Figure 17: Boynton Beach Blvd. Section from I-95 to Seacrest Blvd. Boynton Beach Boulevard Design: West of Seacrest Boulevard 673 63 Figure 18: Boynton Beach Blvd. Plan from Seacrest Blvd. to Federal Hwy. Figure 19: Boynton Beach Blvd. Section from Seacrest Blvd. to Federal Hwy. Boynton Beach Boulevard Design: East of Seacrest Boulevard 674 64D.District PlansRecommendations: Land Use The predominant existing future land use designation along the Boynton Beach Boulevard corridor is Local Retail Commercial. Other future land use designations are Public and Private and Governmental/ Institutional (where City Hall is located) and Office Commercial. The Local Retail Commercial designation only extends one-half block to the north and south of Boynton Beach Boulevard. The lack of depth has prevented successful projects from being developed along the corridor. In order to encourage a vibrant corridor with the desired private development and public spaces, it is recommended that the following future land use changes be made: • From I-95 east to N.W. 1st Street, change Local Retail Commercial and Low Density Residential to Mixed-Use Low. The Mixed-Use Low land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. • From N.W. 1st Street east to N.E. 3rd Street, change Local Retail Commercial, Public and Private Governmental/Institutional, Medium Density Residential, General Commercial to Mixed-Use Medium Future Land Use. The Mixed-Use Medium land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. • From N. E. 3rd Street east to the FEC Railroad, change General Commercial, Industrial, Local Retail Commercial to Mixed-Use High future land use designation. The Mixed-Use High future land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. Below is a table showing the proposed land use and zoning designations that will apply along the Boynton Beach Boulevard corridor: Table 3: Recommended Future Land Use (FLU) Classifications within the Boynton Beach Blvd District *Properties located within the TOD may recieve a 25% density bonus * 675 65 MU Low MU Med MU High MU Low •20 du/ac •Max height 45’ MU-Med •40 du/ac •Max height: 75’ •TOD Bonuses MU-High •80 du/ac •Max height 150’ •TOD Density Bonus LDR 55 Boynton Beach Blvd.Seacrest Blvd.Figure 20: Recommended Future Land Use for the Boynton Beach Blvd. District Boynton Beach Blvd.Seacrest Blvd.Figure 21: Boynton Beach Blvd. Example Projects 676 66D.District Plans677 67 Recommendations: Urban Design Create an overlay district for Boynton Beach Boulevard to control height at street frontage, building setback, design, uses, and overal character. • The building shall be setback to accommodate the pedestrian zone. • Active commercial uses shall be required on the street frontage of Boynton Beach Boulevard. Automobile oriented uses, such as, gas stations and car washes, are prohibited. Drive-thrus are only permitted when not visible from right-of-ways and completely behind a structure. • Buildings fronting Boynton Beach Boulevard shall have maximized glazing on first floors. • Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zone. • Buildings fronting Boynton Beach Boulevard shall have a minimum height of 30’ • Buildings fronting Boynton Beach Boulevard shall be a maximum of 45’ in height, any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10’ deep. • Parking shall be located to the rear or side of the property. MU-L Land Uses are permitted to have one (single loaded) row of parking in front of the structure. • Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton Beach Blvd. • All buildings along Boynton Beach Blvd shall have pedestrian access from the right-of-way/ sidewalks. • The main pedestrian entry, or front door, must be fronting Boynton Beach Blvd. • Mixed use projects adjacent to single-family areas shall include greenways for proper buffering Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. Figure 22: Example Greenway Recommended on First Avenue 678 68D.District PlansFigure 25: Boynton Beach Blvd. District Master Plan Figure 23: Example of Mixed Use Low Project on Boynton Beach Blvd. A A Boynton Beach Blvd. 679 69 Figure 24: Example of Mixed Use Medium Project on Boynton Beach Blvd. B B Seacrest Blvd.680 70D.District Plans681 682 683 684 685 AUCAMP, DELLENBACK & WHITNEY APPRAISERS & CONSULTANTS APPRAISAL REPORT (APPRAISER FILE: 24-0701) OFFICE PROPERTY BONFIGLIO BLDG 413 W BOYNTON BEACH BLVD BOYNTON BEACH, FLORIDA FOR BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FL AS OF MAY 11, 2024 686 AUCAMP, DELLENBACK & WHITNEY APPRAISERS & CONSULTANTS ____________________________________________________________________________________________________________________________________ 1900 NW Corporate Blvd, Suite 215E, Boca Raton, Florida 33431 561-998-9326 www.adw-appraisers.com May 20, 2024 Ms. Theresa Utterback Development Services Manager Boynton Beach Community Redevelopment Agency 100 E Ocean Ave Boynton Beach, FL 33435 RE: Appraisal of Real Property Office Property Bonfiglio Bldg 413 W Boynton Beach Blvd Boynton Beach, Florida 33435 (Appraiser File: 24-0701) Dear Ms. Utterback: As you requested, we made the necessary investigation and analysis to form an opinion of value for the above referenced real property. This report is an appraisal of the property. To assist Boynton Beach Community Redevelopment Agency in business-related decisions regarding this property, this appraisal provides an estimate of market value for the fee simple interest in the subject real property in its “as is” condition. This report is written in APPRAISAL REPORT format. No other party may use or rely on this report for any purpose. This appraisal assignment and report have been prepared in accordance with requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) developed by the Appraisal Standards Board of the Appraisal Foundation, with the appraisal requirements of Title XI of the Federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), with the Interagency Appraisal and Evaluation Guidelines of 2010, with the Appraisal Institute’s Code of Professional Ethics and Standards of Professional Appraisal Practice, and with requirements of the State of Florida for state-certified general real estate appraisers. The subject is located along the north side of W Boynton Beach Blvd as well as the south side of a rear public alley within the municipality of Boynton Beach, Palm Beach County, Florida. This site consists of 9,744 square feet (SF), or 0.22 acres. In 1948, the subject was improved with a one-story, single-family residence that was subsequently converted to an office use containing 1,970 SF, which includes a 768-SF finished basement area with low clear height. The subject’s quality of materials is rated as average; the improvements have been maintained in average condition. The subject is currently 100% occupied by the owner who operates a law office and a single tenant who operates a non-profit; the lease can be terminated upon a sale. This tenant pays about $19,900 annually on a gross basis. The subject does not appear to be listed for sale on the open market, nor is it reported to be encumbered by a purchase and sale agreement. 687 Ms. Theresa Utterback May 20, 2024 ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 3 File #24-0701 After careful and thorough investigation and analysis, we estimate market value for the fee simple interest in the subject real property in its "as is" condition, subject to assumptions and contingent and limiting conditions as well as any extraordinary assumptions and hypothetical conditions, as explained in this report, as of May 11, 2024, is: SEVEN HUNDRED EIGHTY THOUSAND DOLLARS ($780,000) Aucamp Dellenback & Whitney has performed services concerning this property during the past three years. We appraised the property for the same client in a report with a report date of March 23, 2023. The difference in value is the result of more recent sales data. Thank you for this opportunity to assist in meeting your appraisal needs. Respectfully submitted, AUCAMP, DELLENBACK & WHITNEY _________________________________ Brent Wells State-registered Trainee Appraiser RI24758 brent@adw-appraisers.com _________________________________ Jonathan Whitney, MAI State-certified General Real Estate Appraiser RZ2943 jon@adw-appraisers.com 688 TABLE OF CONTENTS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 4 File #24-0701 TABLE OF CONTENTS PART 1: INTRODUCTION 1 TITLE PAGE 1 LETTER OF TRANSMITTAL 2 TABLE OF CONTENTS 4 LOCATION MAP 7 SUBJECT PHOTOGRAPHS 8 SCOPE OF WORK 15 PART 2: DESCRIPTIONS, ANALYSES, AND VALUE CONCLUSIONS 18 MUNICIPALITY 18 NEIGHBORHOOD 20 MARKET 25 SUBJECT PROPERTY 32 HIGHEST AND BEST USE 41 VALUATION PROCESS 43 SALES COMPARISON APPROACH 44 RECONCILIATION AND FINAL VALUE CONCLUSIONS 59 NORMAL MARKETING PERIOD AND REASONABLE EXPOSURE TIME 60 PART 3: ADDENDUM 61 CERTIFICATION 61 CONTINGENT AND LIMITING CONDITIONS 63 HYPOTHETICAL CONDITIONS AND EXTRAORDINARY ASSUMPTIONS 66 DEFINITIONS 67 AREA DESCRIPTION AND ANALYSIS 71 APPRAISER QUALIFICATIONS AND LICENSE 76 689 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 5 File #24-0701 REPORT TYPE Appraisal Report PROPERTY TYPE Office Property LOCATION 413 W Boynton Beach Blvd, Boynton Beach, Florida 33435 REPORT DATE May 20, 2024 VALUATION DATE May 11, 2024 INTENDED USER Boynton Beach Community Redevelopment Agency INTENDED USE To assist in business-related decisions regarding this property SITE 9,744 SF or 0.22 acres IMPROVEMENTS Single-family residence that was subsequently converted to an office building containing 1,970 SF, which includes a 768-SF finished basement area OCCUPANCY 100% by the owner and a single tenant ZONING Neighborhood Commercial (C2) by the City of Boynton Beach CENSUS TRACT 61.00 FLOOD ZONE X, flood insurance is typically not required in this zone HIGHEST AND BEST USE As Vacant: Immediate development of a commercial (office/retail) use for a single occupant, or immediate redevelopment of a residentially-focused mixed- use project, likely involving assemblage with surrounding parcels As Improved: Interim office use of the existing improvements, until the property can be assembled and redeveloped NORMAL MARKETING PERIOD 12 months or less REASONABLE EXPOSURE TIME 12 months or less ASSIGNMENT OVERVIEW The subject is an attractive property for an owner user. The sales comparison approach provides the most useful indication of market value. SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS 690 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 6 File #24-0701 Strengths, Weaknesses, Opportunities, and Threats (SWOT) Strengths for the subject include aspects of its location. Location: The subject has good visibility and frontage along an arterial road. The subject has quick access to a major regional transportation artery, I-95. The subject is located in an area of revitalization. The CRA recommends a zoning / land use change in the local area. The CRA’s change recommendation for the subject is Mixed-Use Low (MU-L). This would allow for the development of up to 20 du/ac with a maximum height of 45’. Weaknesses for the subject include aspects of its location, and its building features. Location: The subject is located in a secondary office market with lower rents. Improvements: The subject is an older asset that may require additional capital improvements in upcoming years. The subject has relatively limited on-site parking. The subject also has a low clear height in some areas, which is less desirable in the market. Opportunities for the subject include external factors such as market forces and future repositioning opportunities. Market Forces: After some uncertainty in 2020 and 2021, price and rent appreciation has been outpacing historic levels of inflation in South Florida for similar property. And, the local market appeal for South Florida owner occupied office properties is quite high. Future Repositioning: The subject has relatively close proximity to proposed land use and zoning recommendations allowing greater height and density. Thus, it is possible the subject property owner could secure more intensive development regulations than the current recommendation. Finally, threats for the subject include external factors such as market forces. Market forces: The national office market has not been performing very well. The real estate markets have not yet had time to fully react to the economic uncertainty related to the global coronavirus pandemic. And, increasing interest rates place some downward pressure on rents and prices. Conclusion Overall, the subject has relatively good desirability in the South Florida market. VALUE INDICATIONS Analysis Value Indication $/SF Bldg Cost N/A N/A Sales Comparison $780,000 $396 Income Capitalization N/A N/A Market Value Conclusion $780,000 $396 691 LOCATION MAP ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 7 File #24-0701 LOCATION MAP SUBJECT 692 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 8 File #24-0701 SUBJECT PHOTOGRAPHS Bird’s eye view of subject (outlined) facing its south elevation Facing subject from W Boynton Beach Blvd (south and east elevations shown) SUBJECT 693 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 9 File #24-0701 North and west elevations shown Facing west along Boynton Beach Blvd with subject on the right 694 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 10 File #24-0701 Facing east along rear public alley with subject on the right Subject entrance / reception 695 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 11 File #24-0701 Open work area Conference room 696 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 12 File #24-0701 Private office Private office 697 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 13 File #24-0701 Private office Break room 698 SUBJECT PHOTOGRAPHS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 14 File #24-0701 Typical restroom 699 SCOPE OF WORK ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 15 File #24-0701 SCOPE OF WORK Appraisal Purpose: To estimate market value in "as is" condition Interest Appraised: Fee simple interest Client: Boynton Beach Community Redevelopment Agency Intended User: Boynton Beach Community Redevelopment Agency. No other party may use or rely on this report for any purpose. Intended Use: To assist in business-related decisions regarding this property Report Format: Appraisal Report Inspection Date: May 11, 2024 Effective Date: May 11, 2024 Report Date: May 20, 2024 Competency Rule: We had the knowledge and experience necessary to complete this assignment competently at the time of its acceptance. Definitions: Shown in the addendum of this report Hypothetical Conditions: None Extraordinary Assumptions: None Valuation Approaches: The sales comparison approach provides an estimate of market value based on an analysis of comparable property sales. Appraisers: Brent Wells and Jonathan Whitney inspected the readily accessible areas of the subject site and improvements, performed the research and analysis, and wrote this report together. Brent Wells worked on this assignment under the direct supervision of Jonathan Whitney, MAI. 700 SCOPE OF WORK ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 16 File #24-0701 Subject Property Name: Bonfiglio Bldg Address: 413 W Boynton Beach Blvd, Boynton Beach, Florida 33435 Location: The subject is located along the north side of W Boynton Beach Blvd within the municipality of Boynton Beach, Palm Beach County, Florida Legal Description: Shown on the following page (source: Warranty Deed) Current Owner: BONFIGLIO JAMES A (source: Palm Beach County Property Appraiser records). A title search was not performed as part of this assignment as that is outside the scope of work. Ownership History: The subject has not sold during the prior three years. No arm’s length transactions have occurred in the three years prior to the valuation date (effective date). The subject does not appear to be listed for sale on the open market, nor is it reportedly encumbered by a purchase and sale agreement. Items Received: The following items were provided by Jim Bonfiglio, the property owner: ▪ Survey, dated May 7, 2006 (during previous appraisal assignment) ▪ Tenant lease (during previous appraisal assignment) ▪ Current rental rate Interviews: We interviewed Jim Bonfiglio regarding the subject property. Market Data Sources: CoStar Realty (subscription service), LoopNet.com (subscription service), Multiple Listing Service (subscription service), PwC Real Estate Investor Survey (subscription service), published reports from national brokerage firms, RealQuest (subscription service), Site-To-Do-Business (subscription service), Floodmaps.com (subscription service), RealtyRates.com (subscription service), Marshall Valuation Service (subscription service), local county property appraiser’s records (public records), Circuit Court recordings (public records), and appraisal files in this office Types of Data: Office building sales Geographic Area: Primary: Boynton Beach; secondary: Palm Beach County; tertiary: South Florida Verification: Sales were verified by a party to each transaction, unless otherwise noted 701 SCOPE OF WORK ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 17 File #24-0701 LEGAL DESCRIPTION 702 ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 18 File #24-0701 PART 2: DESCRIPTIONS, ANALYSES, AND VALUE CONCLUSIONS ____________________________________________________________________________ The subject’s municipality is described in the following pages. The Addendum contains an Area Description and Analysis of the state, South Florida, and Palm Beach County. MUNICIPALITY The City of Boynton Beach is located in southeastern Palm Beach County along the coastline of the Atlantic Ocean. The City was originally founded in the early 1900s and experienced tremendous growth between the 1950s and the 1980s. The city is nearly built-out with only infill sites remaining for development; redevelopment of some older properties has occurred during the past 10 years. Boynton Beach currently has roughly 65,000 residents. The City Limits encompass roughly 16.4 square miles, and the city is the third largest in Palm Beach County behind West Palm Beach and Boca Raton. The automobile is the primary mode of transportation in the city. The city has a grid-like pattern to its roads. Major north-south roadways are Federal Highway, Interstate 95 and Congress Ave. Major east-west roadways are Woolbright Rd, Boynton Beach Blvd and Gateway Blvd. Each of these east-west roads intersect with I-95. Transportation linkages are good. The most intensive uses within the city are permitted in the downtown area near the corner of Federal Hwy and Boynton Beach Blvd (AKA 2nd Ave). This downtown area has historically been a small low-rise area with limited commercial uses; new development has primarily consisted of a couple of residentially-focused high-rise buildings. As of most recently, the downtown has experienced good market activity. The Congress Ave corridor, located west of I-95, is a major retail corridor in the region, anchored by the enclosed Boynton Beach Mall and open-air Renaissance Center. Substantial new commercial and residential development has occurred over the past 15 years in this area, consisting of low- to mid-rise office, retail and residential buildings. Boynton Beach has close proximity to a few high-end communities, such as Gulf Stream and Ocean Ridge. Primary employment centers in the region consist of Boca Raton to the south and West Palm Beach to the north. However, pockets of employment centers are located throughout the South Florida region. For instance, a large light industrial park, Quantum Corporate Park, is located in northern Boynton Beach near Gateway Blvd and I-95. Adequate recreational and institutional uses are located in the city or nearby. Several beaches are open to the public north and south of Boynton Beach Blvd. The 401-room Bethesda Memorial Hospital serves the Boynton Beach community. The long-term sustainability of Boynton Beach is aided by continued long-term in-migration to the region and proximity to employment centers and recreational amenities. 703 MUNICIPALITY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 19 File #24-0701 MUNICIPALITIES MAP SUBJECT 704 NEIGHBORHOOD ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 20 File #24-0701 NEIGHBORHOOD The subject neighborhood is the downtown area of Boynton Beach. This downtown area is the greater area surrounding the intersection of Boynton Beach Blvd and Federal Hwy. The neighborhood is in the revitalization stage of a typical neighborhood life cycle. The primary mode of transportation throughout the neighborhood is the automobile. Boynton Beach Blvd is a four-lane, traffic artery that has an interchange with I-95 just to the west of the subject parcels. Seacrest Blvd is a local north-south collector roadway. Federal Hwy is the primary north-south thoroughfare in the eastern part of the neighborhood. Local streets connect with Boynton Beach Blvd and Federal Hwy. Overall, the roadway network is good. Most of this neighborhood was developed with single-family homes in the 1940s and 1950s. Some of these buildings have been converted to commercial use by single occupants. Lots are relatively small and most conducive for use by small buildings. The eastern end of the neighborhood was initially developed with some small, low-intensity commercial buildings. The City and the CRA (Community Redevelopment Agency) have been actively encouraging a more intensive downtown over the years. A handful of properties in the downtown have been redeveloped over the past 20 years with residentially-focused mixed-use projects, and some other projects are currently proposed. However, this downtown area has experienced less redevelopment compared to other eastern municipalities. Some new projects involve grants or incentives from the CRA. The downtown had a relatively low profile until three major redevelopment projects were completed over the years. Marina Village along E Ocean Ave was completed in 2006 with up to 14 floors of several hundred residential condominium units above 20,000 SF of first floor retail space. The Promenade along N Federal Hwy was completed in 2009 with 14 floors of 323 residential condominium units above 19,000 SF of first floor retail space. The loan note on the unsold inventory of approximately 250 units was sold to a prominent South Florida developer, The Related Group. This buyer subsequently took title in a “friendly foreclosure” and changed the name to Casa Costa. 500 Ocean is a major project that completed construction in 2018 with 341 residential units and 20,000 SF of commercial space at the southwest corner of Federal Hwy and E Ocean Ave. Boynton Beach’s former City Hall is currently being redeveloped into Boynton Beach Town Square. This 16-acre site along the south side of Boynton Beach Blvd will consist of a large new municipal and cultural complex. The new City Hall portion was recently completed. A couple of relatively large vacant parcels in the downtown are available for development. A couple of larger scale developments on underimproved sites have been approved by local users / developers, but have yet to break ground. Several sites have just recently traded hands indicating future development is on the horizon. 705 NEIGHBORHOOD ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 21 File #24-0701 The following chart shows the demographics for rings surrounding the subject, as well as the demographics for the city, the county and the state. Compared to the county, the immediate area surrounding the subject (one-mile ring) has a lower median household income, a lower median home value, and a lower percentage of owner occupied units. The chart indicates significant projected annual population growth in the immediate area over the next five years. The one-mile radius to the subject has 19,277 residents, which is a rather dense area for largely suburban Palm Beach County. DEMOGRAPHICS AROUND SUBJECT Source: ESRI, 2023 figures 1 Mile 3 Mile 5 Mile Boynton Palm Beach Florida Radius Radius Radius Beach County State Population 19,277 98,847 218,380 82,524 1,527,592 22,381,338 Projected Ann. Rate ('23 - '28) 1.33% 0.27% 0.14% 0.29% 0.22% 0.63% Median HH Income $58,923 $63,850 $68,314 $63,731 $74,715 $65,081 Households (HH) 7,561 43,010 93,865 35,277 625,316 8,909,543 Average HH Size 2.51 2.26 2.30 2.30 2.40 2.46 Median Age 40.5 45..8 48.2 44.5 46.4 42.9 Owner Occupied Units 45.1% 49.8% 56.4% 50.3% 59.3% 57.8% Median Home Value $307,350 $313,900 $355,515 $309,422 $409,788 $330,683 Item 706 NEIGHBORHOOD ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 22 File #24-0701 AREA MAP SUBJECT 707 NEIGHBORHOOD ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 23 File #24-0701 NEIGHBORHOOD MAP SUBJECT 708 NEIGHBORHOOD ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 24 File #24-0701 AERIAL MAP OF SURROUNDING AREA SUBJECT 709 MARKET ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 25 File #24-0701 MARKET Overview The South Florida real estate market generally consists of property in Palm Beach, Broward, and Miami-Dade County and other smaller, surrounding counties (Monroe, Martin, St. Lucie). This market section was developed as a result of interviewing market participants, reviewing published reports, and analyzing trends involving construction prices, sales, rent rates, and occupancies. The recent coronavirus pandemic (COVID-19) substantially impacted real estate markets globally. Starting in March 2020, various local, state and federal authorities in the United States ordered the closure of non-essential businesses. Most office workers were asked or ordered to work from home. Initially, most real estate market participants reported a pause in executing new transactions due to market uncertainty. The non-essential business closures were eventually lifted but uncertainty and changes have persisted. As we now move through the post- pandemic years, various segments of the real estate market have been affected in very different ways. Initially, the Federal government was very active in assisting business and individuals during the onset of the pandemic. This bolstered the economy in various ways, though some have argued the Federal stimulus may have had some unintended consequences. For instance, business owners report difficulty in finding workers for lower-paid retail, transportation, and hospitality jobs as a result of the stimulus money. As a result of increased safety measures related to the pandemic, as well as worker shortages, global supply chain delays disrupted the normal course of business. The United States relies heavily on imports of manufactured goods, and the delays caused some economic uncertainty. Also, the Federal Reserve cut the federal funds rate to historic lows. Market participants reported the low interest rate environment had a positive impact on the real estate market. In fact, the low interest rate environment led to very robust gains in the real estate markets, with substantial year-over-year price increases between 2020, 2021, and 2022. However, in light of significant annual inflation around 9% between 2021 and 2022, the Federal Reserve began to increase the target rate in 2022. As of early 2024, the federal fund target range is between 5.25% and 5.50%. Inflation has been reducing and is currently hovering around 3% annually. As of late, the Federal Reserve indicates some level of success in curbing inflation and signalized possible rate cuts in 2024 and 2025. Unemployment had been on a slow, steady decline in recent years and was reported to be hovering around 4.0% before jumping upward due to the pandemic. It has recently reset to just under 4.0%. The Gross Domestic Product (GDP) for the United States had been on a slow year-over-year percentage increase for several years until disruption occurred in 2020 with the pandemic. As we move through 2024, market participants report some level of caution for an upcoming national economic recession. 710 MARKET ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 26 File #24-0701 Each segment of the South Florida real estate market has been affected by the above- mentioned events. For instance, as large segments of the United States workforce began to work remotely, workers explored living in warmer climates and low tax environments, such as South Florida. A discussion of residential in-migration and housing starts in South Florida are discussed in more depth in the following pages. Also, some corporations took this opportunity to entirely relocate or expand offices to warmer climates and business friendly environments, especially in financial services and tech-related industries. As a result, some new Class A office towers are being developed in select areas of South Florida due to robust office absorption and in-migration. This is a unique feature of the South Florida office market, as most other areas in the nation are seeing increasing office vacancies and reduced market interest in the office sector. Nonetheless, a debate continues regarding the longer-term positives and negatives of working remotely. This behavior shift has yet to be fully understood, leaving uncertainty in the office sector both locally and nationally. Most believe South Florida will outperform the nation due to continued in-migration. The market has seen a surge of new e-commerce activity, causing a need for new warehouse space. This shift in real estate needs from retail to industrial resulted in robust year-over-year gains in industrial prices, both nationally and locally. The retail market has somewhat softened as a result. However, as a result of continued in-migration to South Florida, the local retail market has outperformed the nation, since retail typically follows new rooftops. As of most recently, the year-over-year price gains in the South Florida real estate market have largely subsided due to pressures from the higher cost of capital due to interest rate increases, as well as construction costs increases. Pressure exists for softening and even a decline in prices as a result of these increases. Overall, fewer large transactions have occurred in 2023 compared to recent years. Overall, the South Florida real estate market is poised to outperform the nation due to the state’s low tax environment, business friendly climate resulting in corporate relocations and expansions, as well as desirable weather and recreational amenities leading to robust in- migration. 711 MARKET ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 27 File #24-0701 Residential Market Data collected by Reinhold P. Wolff Economic Research, Inc. (Reinhold Wolff) are reflects in the following chart. The building permits in 2022 are less than 2020 and 2021. The past five years shows an average of 21,000 units per year. Location Units Per Year County 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 20212022 Palm Beach Multiple-Family 4,653 3,911 905 592 165 258 692 2,314 2,554 3,213 1,984 3,557 1,959 1,991 2,341 3,255 4,039 2,945 Single-Family 9,535 4,426 2,033 1,202 1,102 1,248 1,810 2,181 2,756 4,049 3,737 3,780 2,792 2,969 3,062 4,244 4,269 3,173 Total 14,188 8,337 2,938 1,794 1,267 1,506 2,502 4,495 5,310 7,262 5,721 7,337 4,751 4,960 5,403 7,499 8,308 6,118 Broward Multiple-Family 2,919 3,567 2,141 1,242 637 228 1,016 1,828 2,835 1,828 2,119 2,585 2,862 2,610 3,394 2,997 2,863 1,224 Single-Family 3,451 3,119 1,777 1,104 604 981 1,399 1,064 1,333 1,714 1,687 1,946 1,658 1,613 1,771 1,423 1,573 1,117 Total 6,370 6,686 3,918 2,346 1,241 1,209 2,415 2,892 4,168 3,542 3,806 4,531 4,520 4,223 5,165 4,420 4,436 2,341 Miami-Dade Multiple-Family 15,684 10,180 4,240 2,865 585 1,367 1,684 3,160 8,087 11,361 13,649 10,777 7,460 7,843 9,633 7,782 11,350 9,749 Single-Family 11,528 6,356 3,691 1,161 565 930 973 1,904 2,092 2,482 2,772 2,955 2,271 2,422 2,435 2,133 2,452 2,296 Total 27,212 16,536 7,931 4,026 1,150 2,297 2,657 5,064 10,179 13,843 16,421 13,732 9,731 10,265 12,068 9,915 13,802 12,045 South Florida Multiple-Family 23,256 17,658 7,286 4,699 1,387 1,853 3,392 7,302 13,476 16,402 17,752 16,919 12,281 12,444 15,368 14,034 18,252 13,918 Single-Family 24,514 13,901 7,501 3,467 2,271 3,159 4,182 5,149 6,181 8,245 8,196 8,681 6,721 7,004 7,268 7,800 8,294 6,586 Total 47,770 31,559 14,787 8,166 3,658 5,012 7,574 12,451 19,657 24,647 25,948 25,600 19,002 19,448 22,636 21,834 26,546 20,504 SOUTH FLORIDA BUILDING PERMITS Source: Reinhold P. Wolff Economic Research A general trend of resident in-migration to South Florida from northern states, mid-western states, and western states is recognized. Several reasons account for the trend. The federal tax overhaul in December 2017 limited the ability of taxpayers to deduct state and local taxes (SALT) from their income in subsequent years. Residents in high local tax states have been relocating to no state income tax states like Florida. Also, the onset of the pandemic and associated possibility of working remotely opened up opportunities for workers. As workers do not necessarily need to be in close proximity to a physical place of employment, the possibilities of relocation to desirable warmer climates enters the equation. According to a recent article in the South Florida Business Journal, Florida gained nearly $40 billion in adjusted gross income due to the pandemic between 2020 and 2021. This is according to data collected by the IRS and complied by CoStar. 712 MARKET ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 28 File #24-0701 In terms of home prices, data provided by the Case-Shiller Home Price Index for South Florida shows home prices have been increasing in recent years, as shown in the following chart depicting the last year. The latest report indicates about a 3.3% increase year-over-year in the index for South Florida. Nationally, the index level has increased less, at about 2.6%. The chart shows a leveling of prices as of late. An increase in interest rates typically results in a decrease in home prices. As interest rates have been increasing, national homebuilders have reported a slight decrease in the price per proposed unit that they are willing to pay. While there is certainly pressure for prices to decrease, this has yet to be meaningfully experienced in the South Florida market. Having said that, the delta between list prices and sale prices was getting quite high, and so some asking prices have been lowered to reflect a more realistic sale price. With many high list prices and a higher cost to borrow money, the quantity of the sales has been decreasing as of late. 713 MARKET ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 29 File #24-0701 Office Market After some initial uncertainty involving the office market and the pandemic, the South Florida office market is improving. The following chart shows office sales in South Florida. The price per square foot has been increasing steadily in recent years, though the 2020 to 2021 increase was substantial. This is due in part to numerous Class A properties trading in 2021. The 2021 sales volume was staggering; it was the highest in over 12 years. A significant amount of the sales occurred in the second half of 2021. Sales volume started to decrease in the second half of 2022. While the 2023 sales volume was greatly reduced, prices increased. The months to sale is similar to the marketing time and has been around 10 months for several years. Sales Median Levels Year #Volume $/SF % Mos. to Sale 2008 239 $1,903,595,263 $213 7.4 2009 157 $366,209,997 $249 17%9.9 2010 180 $1,056,443,945 $154 -38%10.8 2011 279 $1,610,144,252 $120 -22%12.7 2012 383 $1,214,382,440 $90 -25%13.9 2013 416 $1,903,491,681 $130 44%15.8 2014 450 $3,226,089,127 $166 28%15.0 2015 514 $3,088,171,774 $160 -4%13.7 2016 454 $4,052,498,791 $187 17%12.7 2017 425 $2,905,054,400 $190 2%10.3 2018 452 $2,877,029,369 $202 6%10.6 2019 430 $2,619,237,837 $209 3%10.2 2020 383 $1,708,899,373 $223 7%9.3 2021 595 $5,337,223,094 $272 22%10.4 2022 478 $3,876,055,889 $312 15%7.9 2023 309 $2,140,418,315 $374 20%7.5 Source: Compiled from CoStar SOUTH FLORIDA OFFICE PROPERTY SALES Primary office markets in Palm Beach County (defined by a large concentration of office uses, tenancy, highest prices and highest rents) include Palm Beach Gardens, West Palm Beach, and Boca Raton. Also, numerous office buildings are located along arterial roads throughout the county and in small commerce parks. And, pockets of office buildings are clustered around higher-income communities, hospitals, transportation linkages, and smaller downtowns. According to CoStar, the United States office market contains 8.4 billion SF of inventory, with about 105,000,000 SF under construction and 69,100,000 SF in negative net absorption in the past year. ▪ The average asking office rent in the country is currently $35.25/SF gross. This rent rate has increased by 0.8% from early 2023 to early 2024. ▪ The vacancy rate is 13.7% as of early 2024. The vacancy rate has increased from 12.5% to 13.7% in the past year. 714 MARKET ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 30 File #24-0701 According to CoStar, the Palm Beach County office market contains 60,100,000 SF, with 957,000 SF under construction and 450,000 SF in negative net absorption in the past year (after about 1,060,000 SF in positive absorption the previous year). ▪ The average asking office rent in the county is currently $45.26/SF gross. This rent rate has increased by 4.4% from early 2023 to early 2024. ▪ The vacancy rate in the county is 8.0% as of early 2024. The vacancy rate was decreasing but recently ticked up in the past year from 7.3% to 8.0%. The subject is located within the Boynton/Lantana submarket. ▪ The asking rent in the submarket is currently $39.11/SF gross, which is less than the county. Asking rental rates within the subject’s submarket have increased by about 3.5% over the past year. ▪ The vacancy rate in this submarket is 3.5%, which remained relatively unchanged over the past year. A search in CoStar indicates the subject neighborhood (as defined earlier) contains about 250,000 SF of office space. The average asking rent is about $35.21/SF gross, which is less than the submarket. The vacancy rate is about 2.0%, which is outperforming the submarket. No new significant office deliveries are anticipated. The local area appeals to various owner occupants with a variety of professional office and medical office users. The most recent PwC (Korpacz) Real Estate Investor Survey (1st quarter of 2024) indicates sales of office buildings in South Florida have overall capitalization rates between 6.00% and 10.50% and average 8.13%. This average rate increased 43 basis points from last quarter, increased 146 basis points from one year ago, and increased 134 basis points from 3 years ago. The subject area is outperforming the rest of the country, as most other areas saw greater increases in overall rates in the past quarter. Office users tend to require parking at least 4.0/1,000 SF and medical users tend to require 5.0/1,000 SF. Medical office users tend to cluster around hospitals, but other medical office buildings have locations which meet business needs. Medical office buildings typically command higher rents and prices than office buildings, based on the increased cost for medical office build-out. Additionally, this subset of the office market is projected to outperform typical office buildings in upcoming years, based on an aging population and increased medical needs. Multiple-tenant office building construction in South Florida is overall very limited based on feasibility issues. Multiple-tenant office buildings are proposed only for select South Florida locations. Some medical office buildings continue to be constructed as this subset of the office market is expected to outperform the office market overall in upcoming years. Also, some owner user office buildings continue to be constructed in the market based on business needs, rather than financial feasibility. 715 MARKET ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 31 File #24-0701 Market participants interviews provided the following additional information: ▪ Market interest for local office properties was mixed during the pandemic, as the market reacts and adjusts to new normals involving working from home and social distancing in the workplace. Overall, tenants and employees are using the office less frequently then prior to the pandemic, though some office utilization has been rising. ▪ Employment expansion and new household formation have been demand drivers for offices properties in the South Florida market. In-migration to South Florida continues to occur at a rapid clip (especially during the pandemic) as northern residents flee dense urban living for more suburban and warmer climates. However, working from home does not necessarily lend itself to new office demand in the local market. ▪ Large blocks of open workspace (both nationally and locally) are considered less desirable than smaller spaces at this time. Numerous job functions within large companies are being performed remotely even as the pandemic winds down. ▪ Some companies that require office space and-or office visits flee high-tax northern states and relocate to South Florida. In fact, South Florida is now a strong alternative to the New York region for those in the financial services industry. Financial service firms have been regularly announcing relocations to select areas of South Florida (namely West Palm Beach, Boca Raton, and Miami) from 2021 forward. ▪ New construction is feasible only in select areas in South Florida. Some new single- occupant and multiple-tenant office building construction is occurring in West Palm Beach, Boca Raton and Miami. Very limited new office construction is occurring in Broward County. ▪ The general consensus among market participants is that demand for office space is expected to decrease slightly in the near term as an increased number of employees work from home. The long-term effects have yet to be fully understood. 716 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 32 File #24-0701 SUBJECT PROPERTY This section addresses physical characteristics of the site and improvements plus other factors, such as zoning and taxes. Analysis and conclusions for these features are included at the end of this section. Site Features Adjacent Uses: North: Single-family residential, across rear public alley East: Retail West: Vacant commercial land South: Multifamily, across W Boynton Beach Blvd Size: 9,744 SF or 0.22 acres (source: survey) Shape: Square Frontage: Along the north side of W Boynton Beach Blvd, a four-lane, divided, public road, as well as along the south side of a rear public alley Corner: No Topography: Generally flat and slightly above street grade Soils: Generally sandy, typical of the area. We assume the site has no adverse conditions. Hazards: An environmental site assessment report was not provided. We are not aware of any environmental hazards affecting the subject; we assume the site has no adverse environmental conditions. Utilities: Public water and sewer service as well as electricity and communication services Easements: The survey does not list any easements. We are not aware of any easements that present unusual or adverse development conditions for the subject. Encroachments: The survey does not list any encroachments. We are not aware of any encroachments that involve the subject. Census: 61.00 (source: United States Census Bureau) Flood Zone: X, Community-Panel: 12099C0789F, dated October 5, 2017; flood insurance is typically not required in this zone (source: FEMA) 717 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 33 File #24-0701 Zoning: Neighborhood Commercial (C2) by the City of Boynton Beach; this district permits a variety of commercial uses, including retail and the subject’s office use. Minimum site size: 5,000 SF Minimum front setback: 30’ Maximum height: 25’ Maximum FAR: 0.5 Parking: 1 space per 300 SF for office uses While a detailed examination of the zoning code was not performed, the subject use, site, and improvements appear to generally meet the current code requirements, though all components may not technically conform to the latest code requirements, typical of the area. The subject is located within the City’s CRA boundaries (Community Redevelopment Agency). The CRA’s recommendation for the subject sites is for land use and zoning involving Mixed-Use Low (MU-L). This would allow for the development of up to 20 du/ac with a maximum height of 45’. The recently approved (2023) Live Local Act in the State of Florida permits affordable housing on sites that are zoned for industrial, commercial and mixed-use, trumping local zoning regulations. Various development regulations in this Act include height, density and FAR based on the subject’s location. This is a very new program with ongoing revisions, and the effect on prices has yet to be fully understood at this time. The subject is located in a federally-designated Opportunity Zone. Various tax benefits and incentives exist for private investment in properties located in these zones. Since this is a new program, any effect on market prices has yet to be fully understood. Future Land Use: Designated LRC, for Local Retail Commercial, by Boynton Beach Taxes: The County’s Property Appraiser establishes assessments annually. The millage rate is the amount paid to each taxing body for every $1,000 of assessed value. Millage rates applied to properties in this neighborhood are for the state, county, city, and special districts. In addition, property owners are obligated to pay non-ad valorem taxes. Based on a Florida State Statute, the increase in assessments for non- homesteaded property (such as commercial property) cannot exceed 10% per year. As a result, the current market values (per the County’s Property Appraiser) for some properties exceed current assessments. Taxes are based on assessments and are not subject to a 10% annual cap. However, after a sale transaction, assessments are reset to the County’s market value. The subject is registered as an office use by the County. The millage rate during 2023 was 20.2516. The subject’s 2023 assessed value is less than the market value conclusion in this report. Taxes have been paid to date. 718 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 34 File #24-0701 Property Year: 2023 Year: 2022 Parcel ID Description Amount Taxes Amount Taxes 08-43-45-21-15-000-0871 Land $255,806 $243,625 Improvements $118,270 $112,420 Market Value $374,076 $356,045 Assessment $290,221 $7,167 $263,837 $6,778 SUBJECT TAXES Site Improvements Vehicular Access: Paved vehicular access along westbound W Boynton Beach Blvd Paving: Asphalt drive and parking areas Parking: 6 spaces for a ratio of 3.1 spaces per 1,000 SF of building area. Curbing: Concrete curbs along the parking lot and walkway perimeter Walkways: Concrete Drainage: Positive drainage away from improvements Landscaping: Grass, shrubs, and trees Irrigation: Underground system Lighting: Building- and pole-mounted Street Right-of-Way: Asphalt paving, concrete sidewalks, concrete curbing, storm water catchment basins, overhead lighting, and landscaped, curbed median with no median break benefitting the subject property. 719 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 35 File #24-0701 Building Improvements In 1948, the subject was improved with a one-story, single-family residence that was subsequently converted to an office building containing 1,970 SF, which includes a 768-SF finished basement area with low clear height. The source for the building’s size is the Palm Beach County Property Appraiser, verified for reasonableness with the survey. Building Shell and Exterior Features: Structure: Reinforced masonry walls and-or wood frame walls, wood floor joists and trusses, and wood roof trusses Foundation: Monolithic slab or spread footings Walls: Painted stucco Story Height: One floor with an average story height of 13’ Roof: Composition shingles Doors: Fixed glass in aluminum frames as well as fiberglass/metal doors Windows: Fixed glass in aluminum frames Access: Primary entry along south elevation Other: Covered entry Interior Features: Flooring: Carpet and tile Walls: Painted drywall Trim/Baseboards: Wood and tile Doors: Hollow core and solid core wood Ceilings: Painted drywall Clear height: Average ceiling height of 6’ to 11’ Lighting: Incandescent and fluorescent Restrooms: Two, two-fixture restrooms Fire Protection: Smoke alarms Plumbing: Built-in cabinetry, countertops, and a sink fixture within the break room 720 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 36 File #24-0701 HVAC: Package unit Electrical: Assumed adequate Analysis and Conclusions: The site plan consists of parking to the north of a single building in the southern portion of the site. The subject has an average parking ratio for similar properties in the area. The property’s floor-area-to-site-area ratio (FAR) is 0.20, which is a relatively typical ratio for similar office properties in the area. Overall, the site improvements have good utility and do not display any significant functional obsolescence. The building improvements have a relatively simple architectural design and have average appeal in the local market. The improvements are currently configured for two occupants, though the building is best suited for a single occupant. The floor plan consists of a small lobby/reception area, an open work area, a conference room, a private office and one restroom on the main level. The majority of the remaining space is a finished basement area with low clear height and no windows, which consists of a few offices, a storage room, a break room and another restroom. The interior build-out is relatively minimal and consists of generally average quality materials. The floor plan appears to have average functional utility. At inspection, some coverings and surfaces appeared worn, typical of similar properties. However, we did not observe any significant deferred maintenance. Repairs and maintenance appear to be performed and contracted as appropriate. Overall, the subject’s quality of materials is rated as average and the improvements have been maintained in average condition. The subject does not suffer from a prominent type of functional obsolescence except for the low clear height in portions of the space. The property does not suffer from any unusual form of external obsolescence, though escalating land prices place downward pressure on the value of the building improvements. The following chart shows our life expectancy estimations for the subject property. The total useful life estimation is based on the guidelines provided via Marshall Valuation Service (MVS). The subject corresponds with Good Type in MVS. SUBJECT LIFE EXPECTANCY Source: MVS MVS Building Category Office MVS Building Class C MVS Building Type Good Year Built 1948 Actual Age 76 Effective Age 35 Total Useful Life 55 Remaining Useful Life 20 721 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 37 File #24-0701 ZONING MAP SUBJECT 722 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 38 File #24-0701 CRA’S PLAN SUBJECT 723 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 39 File #24-0701 AERIAL PARCEL MAP Subject is outlined in red 724 SUBJECT PROPERTY ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 40 File #24-0701 SURVEY 725 HIGHEST AND BEST USE ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 41 File #24-0701 HIGHEST AND BEST USE The concept of highest and best use has the following definition. The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition (2010), p. 93. The highest and best use concept takes into account contribution of a specific use to the community and community development goals as well as benefits of that use to individual property owners. An additional aspect is the use determined from this analysis represents an opinion, not a fact to be found. The concept of highest and best use represents the premise upon which value is based. The highest and best use must meet four tests or criteria. Legally permissible: What uses are permitted or have reasonable probability of being permitted by zoning and deed restrictions on the site in question? Physically possible: What uses are possible based upon the site's physical constraints such as size, shape, area, terrain, soil conditions, topography, and access to utilities? Financially feasible: Which possible and permissible uses will produce a net return to the owner of the site? Maximally productive: Among the feasible uses, which one is most probable and will produce the highest net return and highest present worth? Analysis of highest and best use for a property typically involves analyzing the site as though it were vacant and available for development, as well as analyzing the site as improved and proposed to be improved. In the subject’s case, this analysis focuses on highest and best use as vacant and as improved. Concerning legally permissible uses, the subject site is zoned for commercial uses, including office uses. Concerning legally permissible uses, the subject site is zoned (or can be easily rezoned based on the CRA’s guidance) for commercial uses (such as retail) and residential uses, including mixed-uses up to 45’ and 20 units per acre. Townhomes are a typical development option for this density. Buyers in the local market are purchasing sites with this knowledge and development potential in mind. Based on its physical attributes, the subject site is well suited for a variety of small commercial uses. Trends in the area involve assemblage of smaller parcels in order to secure a larger development site. Based on the subject’s frontage along an arterial road, the site is most suited for commercial uses, including office and retail uses. Based on surrounding uses, the site is most suited for commercial uses, such as office or retail uses. For financial feasibility and maximally productive, few multiple-occupant office and retail projects are being constructed in similar areas to the subject due to feasibility concerns. However, select single-occupant commercial buildings, such as certain office or retail uses, are constructed for owner users or on a build-to-suit basis, and appear financially feasible and maximally productive, based on a review of construction costs, rents and prices. 726 HIGHEST AND BEST USE ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 42 File #24-0701 For financial feasibility and maximally productive, some new residentially focused, mixed-use projects are being constructed in the area. However, most of these types of properties are planned for development to the east of the subject on sites that involve greater intensity and density. These appear financially feasible and maximally productive, based on a review of construction costs, rents and prices. The highest and best use as vacant is for immediate development of a commercial (office/retail) use for a single occupant, or immediate redevelopment of a residentially-focused mixed-use project, likely involving assemblage with surrounding parcels. The subject site has been improved with a single-occupant office use. The estimate of market value in this report of the improved property represents $83/SF of land, which is above land prices in the area. Therefore, the existing improvements contribute to overall property value. However, the improvements are mostly useful on an interim basis until they can be assembled and redeveloped. The highest and best use as improved is for interim office use of the existing improvements, until the property can be assembled and redeveloped. The most probable purchaser of the subject is an owner user or developer, based on sales of similar property. 727 VALUATION PROCESS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 43 File #24-0701 VALUATION PROCESS The previous sections contain identification and analysis of the area including the neighborhood and local market as well as data and analysis of the subject site as a basis for determining the highest and best use of the property. Estimating market value for property under its highest and best use typically involves analysis of three separate approaches: cost approach, sales comparison approach, and income capitalization approach. The cost approach is based on the principle of substitution that states an informed purchaser will not pay more for a property than the cost of reproducing a property with identical improvements having the same utility. This approach consists of estimating value for the site as vacant, adding direct and indirect costs of construction, deducting an estimate of accrued depreciation, and adding an appropriate entrepreneurial profit. The cost approach is not relevant for estimating market value for the subject because numerous assumptions are necessary for estimating obsolescence, thereby reducing its credibility, and because a most probable purchaser would place no weight on valuation in the cost approach. The sales comparison approach is also based upon the principle of substitution whereby similar properties within competitive markets will realize similar prices. An informed purchaser would not pay more for the subject property than the cost to acquire another property with the same amenities and utility. Market data are available for estimating market value in this approach. The income capitalization approach is based on the principle of anticipation whereby an investor expects benefits to be derived in the future. In evaluating future benefits, an informed purchaser will analyze income as well as how change affects income-producing characteristics of the property. This approach consists of analyzing a property’s income and deducting appropriate expenses as well as evaluating appropriate capitalization methods. Similar buildings to the subject are owner occupied and typically rents do not support prices owner users are willing to pay. And, capitalizing an interim income stream is not appropriate for valuing such properties. Therefore, the income capitalization approach is not useful in providing credible assignment results. The final step in the valuation process is reconciliation of the value indications into a single final value by analyzing the appropriateness, accuracy and quantity of evidence in each approach. In the subject’s case, only the sales comparison approach is utilized. 728 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 44 File #24-0701 SALES COMPARISON APPROACH The sales comparison approach is a method for estimating the subject’s value by analyzing sales of similar properties. The underlying theory is that a prudent buyer would not buy one property at a price any higher than the cost to acquire a comparable, competitive property. This approach provides a reliable indication of market value when properties are bought and sold regularly. Our search criteria generally consisted of recent sales of similar office buildings in the local area. A search for recent transactions of similar properties provided a sufficient number of useful sales, contracts, and listings (comparables). These comparables are summarized within the following chart, are displayed on a following map, and are described in the subsequent detailed descriptions. The comparables are analyzed on the basis of the most relevant unit of comparison which, in this case, is price per SF of building. The sales have an unadjusted price range of $351 to $565/SF. SUMMARY OF COMPARABLES Bonfiglio Bldg, 413 W Boynton Beach Blvd, Boynton Beach, Florida (24-0701) SUBJECT COMP 1 COMP 2 COMP 3 COMP 4 COMP 5 ADW Property # 19184 19193 17909 19186 16755 16756 Property Name Bonfiglio Bldg Jackson Property Coastal Bldg Fleming Bldg Vision Realty Sunny Bldg Address 413 W Boynton Beach Blvd 219 SE 23rd Ave 219 N Dixie Blvd 806 W Lantana Rd 209 W Boynton Beach Blvd 226 SE 23rd Ave City Boynton Beach Boynton Beach Delray Beach Lantana Boynton Beach Boynton Beach Sale: Sale Price N/A $745,000 $2,150,000 $515,000 $550,000 $480,000 Sale Status N/A Closed Closed Closed Closed Closed Marketing Period N/A 4 months 7 months 2 months 2 months 1 month Date of Sale N/A Dec-23 Oct-23 Oct-22 May-22 May-22 Price/SF Bldg N/A $432 $565 $368 $489 $351 Price/SF Land N/A $66 $150 $79 $73 $56 Site: Site Size Acres 0.22 0.26 0.33 0.15 0.17 0.20 Site Size SF 9,744 11,252 14,305 6,534 7,575 8,638 Floor Area Ratio 0.20 0.15 0.27 0.21 0.15 0.16 Zoning C2 C1 RO C-1 C2 C-1 Prkg Ratio/1,000 SF 3.05 4.64 2.89 5.00 6.22 2.93 Building: Property Type Office Office Office Office Office Office Building Size (SF) 1,970 1,725 3,802 1,401 1,125 1,367 Year Built 1948 1956 1953 1956 1952 1957 Condition Average Good Avg to Good Avg to Good Average Avg to Good Quality Average Avg to Good Avg to Good Average Average Average Stories One One One One One One Class C C C C C C 729 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 45 File #24-0701 MAP OF COMPARABLE PROPERTIES 730 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 46 File #24-0701 COMPARABLE 1 General Data x Property Name: Jackson Property Property Type: Office, Office Building Address: 219 SE 23rd Ave, Boynton Beach, Florida 33435 County: Palm Beach Parcel ID: 08-43-45-33-03-000-0420 Legal Description: CRESTVIEW BOYNTON BEACH LT 42 Site Data x Site Size: 0.26 acres or 11,252 SF Floor Area Ratio (FAR): 0.15 Zoning: C1 Parking Ratio: 4.6 spaces per 1,000 SF Site Remarks: Coner location just south of Woolbright Rd. Building Data X Use/Finish: Office Size SF: 1,725 Year Built: 1956 Condition: Good Quality: Avg to Good Class: C Stories/Floors: One Building Remarks: Recently renovated. 731 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 47 File #24-0701 Financial Data X Occupancy at Sale: 100% Single/Multiple Single Occupant(s): Buyer Sale Data x Sale Status: Closed Price: $745,000 Price/SF of Building: $431.88 Sale Date: December 2023 O.R. Book-Page: 34706-01997 Grantor: MBML HOLDINGS LLC Grantee: JLKM MANAGEMENT LLC Property Rights: Fee simple Marketing Period: 4 months Listing Price at Sale: $799,000 Prior Transactions: None in the past three years Verification Source: Karen Miller, listing broker, (302) 743-7702, Brent Wells, May 2024 (24- 0701) Sale Remarks: Seller utilized the building as offices for a home healthcare business that relocated to a larger space within a multitenant property nearby. Buyer is an owner user. Building was renovated in 2021. This property is located on a corner just west of the FEC railroad tracks, which is outside the boundaries of the CRA's zoning / land use recommendation zone known as the Federal Highway District (South). 732 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 48 File #24-0701 COMPARABLE 2 General Data x Property Name: Coastal Bldg Property Type: Office, Office Building Address: 219 N Dixie Blvd, Delray Beach, Florida 33444 County: Palm Beach Parcel ID: 12-43-46-09-29-011-0130 Legal Description: DEL IDA PARK LTS 13 & 14 BLK 11 (DEL-IDA PARK HISTORIC DISTRICT) Site Data x Site Size: 0.33 acres or 14,305 SF Floor Area Ratio (FAR): 0.27 Zoning: RO Parking Ratio: 2.9 spaces per 1,000 SF Site Remarks: Just south of George Bush Blvd. Building Data X Use/Finish: Office Size SF: 3,802 Year Built: 1953 Condition: Avg to Good Quality: Avg to Good Class: C Stories/Floors: One Building Remarks: Renovated in recent years. 733 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 49 File #24-0701 Financial Data X Occupancy at Sale: 100% Single/Multiple Single Occupant(s): Buyer Sale Data x Sale Status: Closed Price: $2,150,000 Price/SF of Building: $565.49 Sale Date: October 2023 O.R. Book-Page: 34635-00570 Grantor: 219 N DIXIE LLC Grantee: 219 NDB LLC Property Rights: Fee simple Financing: Not available Marketing Period: 7 months Listing Price at Sale: $2,650,000 Prior Transactions: None in the prior three years Verification Source: Ingrid Kennemer, listing broker, (561) 441-0967, Brent Wells, September 2023 (23-1362) Sale Remarks: Property sold to an owner user. Originally listed for sale at $2.8M before being reduced. Building was renovated in 2020. 734 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 50 File #24-0701 COMPARABLE 3 General Data x Property Name: Fleming Bldg Property Type: Office, Office Building Address: 806 W Lantana Rd, Lantana, Florida 33462 County: Palm Beach Parcel ID: 40-43-45-04-00-001-0060 Legal Description: 4-45-43, N 140 FT OF W 65 FT OF ELY 159.59 FT OF GOV LT 1 (LESS N 40 FT LANTANA RD R/W) Site Data x Site Size: 0.15 acres or 6,534 SF Floor Area Ratio (FAR): 0.21 Zoning: C-1 Parking Ratio: 5.0 spaces per 1,000 SF AADT (Traffic Count): 19,049 Site Remarks: Located along the south side of Lantana Rd. Building Data X Use/Finish: Office Size SF: 1,401 Year Built: 1956 Condition: Average Quality: Average Class: C Stories/Floors: One Building Remarks: Building has not been renovated in recent years. 735 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 51 File #24-0701 Financial Data X Occupancy at Sale: 100% Single/Multiple Single Occupant(s): Buyer Sale Data x Sale Status: Closed Price: $515,000 Price/SF of Building: $367.59 Sale Date: October 2022 O.R. Book-Page: 33905-01914 Grantor: DIXIE GARAGE LLC Grantee: 806 W LANTANA LLC Property Rights: Fee simple Marketing Period: 2 months Listing Price at Sale: $560,000 Prior Transactions: No arm's-length transactions during the prior three years Verification Source: Chris Fleming, listing broker, (561) 707-5120, Brent Wells, May 2024 (24-0707) Sale Remarks: Purchased by an owner user who plans to occupy the property. Broker indicated there was good market activity and back-up offers near the sales price. 736 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 52 File #24-0701 COMPARABLE 4 General Data x Property Name: Vision Realty Property Type: Office, Office Building Address: 209 W Boynton Beach Blvd, Boynton Beach, Florida 33435 County: Palm Beach Parcel ID: 08-43-45-21-07-001-1091 Legal Description: BOYNTON HILLS W 32 FT OF LT 109 & E 36 FT OF LT 110 (LESS S 10 FT SR 804 R/W) BLK A Site Data x Site Size: 0.17 acres or 7,575 SF Floor Area Ratio (FAR): 0.15 Zoning: C2 Parking Ratio: 6.2 spaces per 1,000 SF Site Remarks: Frontage along the north side of W Boynton Beach Blvd. Building Data X Use/Finish: Office Size SF: 1,125 Year Built: 1952 Condition: Average Quality: Average Class: C Stories/Floors: One Building Remarks: Buyer has plans to renovate the property. 737 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 53 File #24-0701 Financial Data X Occupancy at Sale: 100% Single/Multiple Single Occupant(s): Buyer Sale Data x Sale Status: Closed Price: $550,000 Price/SF of Building: $488.89 Sale Date: May 2022 O.R. Book-Page: 33594-01160 Grantor: EBLING RANDALL L TRUST Grantee: HW ADVANCED SERVICES LLC Property Rights: Fee simple Financing: Cash Marketing Period: 2 months Listing Price at Sale: $695,000 Prior Transactions: None in the prior three years Verification Source: Mary Law, listing broker, (561) 699-1252, Brent Wells, March 2023 (23- 0317) Sale Remarks: Former chiropractor's office sold to an owner user who will occupy the building with a realty and insurance company after some renovations. Broker indicated the buyer also installed a new roof and resealed the parking lot after closing. The CRA's zoning / land use recommendation is MU-1 / MU-Low for development of up to 20 units per acre and a maximum height of 45'. 738 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 54 File #24-0701 COMPARABLE 5 General Data x Property Name: Sunny Bldg Property Type: Office, Office Building Address: 226 SE 23rd Ave, Boynton Beach, Florida 33435 County: Palm Beach Parcel ID: 08-43-45-33-04-000-0080 Legal Description: HIGH POINT LT 8 Site Data x Site Size: 0.20 acres or 8,638 SF Floor Area Ratio (FAR): 0.16 Zoning: C-1 Parking Ratio: 2.9 spaces per 1,000 SF Site Remarks: No frontage along an arterial road. Building Data X Use/Finish: Office Size SF: 1,367 Year Built: 1957 Condition: Avg to Good Quality: Average Class: C Stories/Floors: One Building Remarks: Property has been renovated in recent years. 739 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 55 File #24-0701 Financial Data X Occupancy at Sale: 100% Single/Multiple Single Occupant(s): Buyer Sale Data x Sale Status: Closed Price: $480,000 Price/SF of Building: $351.13 Sale Date: May 2022 O.R. Book-Page: 33554-00311 Grantor: GEWANT LYNNE Grantee: SUNNY SOUL LLC Property Rights: Fee simple Financing: Cash Marketing Period: 1 month Listing Price at Sale: $514,900 Prior Transactions: None in the prior three years Verification Source: Lynne Gewant, listing broker, (561) 302-4711, Brent Wells, March 2023 (23-0317) Sale Remarks: Property purchased by an owner user who will occupy the building with an office use. Broker indicated the property had been renovated in recent years. This property is located just west of the FEC railroad tracks, which is outside the boundaries of the CRA's zoning / land use recommendation zone known as the Federal Highway District (South). 740 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 56 File #24-0701 Adjustments are appropriate and necessary based on differences in elements of comparison. The following elements of comparison are characteristics of properties and sale transactions causing variations in prices. The first five elements of comparison are considered transactional adjustments; each of the transactional adjustments is made prior to making further adjustments. The remaining five elements of comparison are referred to as property adjustments and their total net adjustment is applied at the end. 1. Real property rights conveyed 2. Financing terms 3. Conditions of sale 4. Expenditures immediately after purchase 5. Market conditions 6. Location 7. Physical characteristics 8. Economic characteristics 9. Use 10. Non-realty components of sale The comparables are adjusted quantitatively. The percentage adjustment indicates the degree of the appropriate adjustment based on our knowledge of the local market, discussions with market participants and reviewing data. A chart on a following page shows comparison of the comparables with the subject, and contains adjustments as explained in the following items. 1. Real Property Rights Conveyed. No differences are noted. 2. Financing Terms. No differences are noted. 3. Conditions of Sale. No differences are noted. 4. Expenditures Immediately After Purchase. No differences are noted. 5. Market Conditions. Market prices and rental rates have been increasing recently, as discussed in the Market section. However, no upward adjustments are made from mid- 2022 forward due to pressure towards a flattening of prices as a result of interest rate increases. 6. Location. Consideration is given to the following factors: net operating incomes, rents, land prices, visibility, traffic counts, and neighborhood demographics, such as household income and home prices. The subject is located just east of I-95 near downtown Boynton Beach. ▪ Comparables 1 and 5 do not have frontage along an arterial road and are located south of downtown Boynton Beach in an area with lower land prices. These sales are adjusted upward 25%. ▪ Comparable 2 has a superior Delray Beach location where land values are higher. This sale is adjusted downward 20%. ▪ Comparable 3 has an inferior location with lower rents. This sale is adjusted upward 15%. 741 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 57 File #24-0701 7. Physical Characteristics. Differences in prices are evident for several considerations. Parking Ratio / FAR: A direct relationship typically exists between the parking ratio and price per square foot. As the parking ratio increases, the price per square foot tends to increase. And, for most similar sites, as the Floor Area Ratio (FAR) increases, the price per square foot tends to decrease. A few comparables have inferior / superior parking ratios and-or FARs and are adjusted upward or downward as a result. Building size: Typically, prices per square foot have an inverse relationship to building size. As building size increases, price per square foot generally decreases, based in part on economies of scale. Comparable 2 has a larger size and an upward 5% adjustment is applied to this sale. Comparable 4 is quite small and a downward 5% adjustment is applied. Year built / condition / quality: A direct relationship is typically attributed to price and year built / condition. As the building ages or the condition declines, the price tends to decrease. And, as the quality increases, the price per square foot generally increases Consideration is given to any recent renovations and-or capital expenditures. The subject has not been renovated in recent years. ▪ Comparables 1 and 2 have been recently renovated and have superior condition/quality compared to the subject. These sales are adjusted downward between 10% and 15%. ▪ Comparable 5 is a newer building and has been renovated in recent years. This sale is adjusted downward 5%. 8. Economic Characteristics. No differences are noted. 9. Use / Utility. Some differences are noted for utility. The subject consists of a finished basement and low clear height area included in the size shown. Therefore, the comparables are adjusted downward 10% for their superior utility. 10. Non-realty Components of Sale. No differences are noted. The comparables have an adjusted price range of $386 to $410/SF with a mean of $394/SF of building. This range is relatively narrow and the mean provides a good indication of value for the subject. Additionally, the three Boynton sales have a mean of $396/SF. Our analysis indicates a reasonable value is $395/SF. The subject consists of 1,970 SF. The corresponding value for the subject is $778,150, say $780,000 (rounded). We conclude the value of the subject in “as is” condition, via the sales comparison approach, is $780,000. 742 SALES COMPARISON APPROACH ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 58 File #24-0701 ADJUSTMENTS TO COMPARABLES Bonfiglio Bldg, 413 W Boynton Beach Blvd, Boynton Beach, Florida (24-0701) SUBJECT COMP 1 COMP 2 COMP 3 COMP 4 COMP 5 Property Name Bonfiglio Bldg Jackson Property Coastal Bldg Fleming Bldg Vision Realty Sunny Bldg Sale Status N/A Closed Closed Closed Closed Closed Sale Date N/A Dec-23 Oct-23 Oct-22 May-22 May-22 Floor Area Ratio 0.20 0.15 0.27 0.21 0.15 0.16 Parking Ratio 3.05 4.64 2.89 5.00 6.22 2.93 Building Size (SF) 1,970 1,725 3,802 1,401 1,125 1,367 Year Built 1948 1956 1953 1956 1952 1957 Condition Average Good Avg to Good Average Average Avg to Good Quality Average Avg to Good Avg to Good Average Average Average Stories One One One One One One Class CCCCCC Unadjusted Price/SF Bldg N/A $432 $565 $368 $489 $351 Unadjusted Price/SF Land N/A $66 $150 $79 $73 $56 Property Adjs: Location INFERIOR SUPERIOR INFERIOR SIMILAR INFERIOR Adjustment 25% -20% 15% 0% 25% Parking Ratio / FAR SUPERIOR INFERIOR SIMILAR SUPERIOR SIMILAR Adjustment -5% 5% 0% -5% 0% Building Size (SF)SIMILAR LARGER SIMILAR SMALLER SIMILAR Adjustment 0% 5% 0% -5% 0% Year Built / Cond. / Qual.SUPERIOR SUPERIOR SIMILAR SIMILAR SUPERIOR Adjustment -15% -10% 0% 0% -5% Utility SUPERIOR SUPERIOR SUPERIOR SUPERIOR SUPERIOR Adjustment -10% -10% -10% -10% -10% Net Adjustment -5% -30% 5% -20% 10% Adjusted Price/SF N/A $410 $396 $386 $391 $386 Gross Adjustment N/A 55% 50% 25% 20% 40% FAR 0.20 0.15 0.27 0.21 0.15 0.16 743 RECONCILIATION AND FINAL VALUE CONCLUSIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 59 File #24-0701 RECONCILIATION AND FINAL VALUE CONCLUSIONS The approaches provided the following value estimations for the subject property. VALUE INDICATIONS Analysis Value Indication $/SF Bldg Cost N/A N/A Sales Comparison $780,000 $396 Income Capitalization N/A N/A Market Value Conclusion $780,000 $396 The quality of market data in these approaches is good, and the methods of analysis are appropriate and reasonable. The sales comparison approach includes sale prices above and below the subject’s value on a per square foot basis as well as above and below the subject’s value on an absolute basis. The sales data are good and the value is well supported. An owner user is the most probable purchaser and the total weight is given to the sales comparison approach, which is the only relevant approach and involves sales of owner user properties. After careful and thorough investigation and analysis, we estimate market value for the fee simple interest in the subject real property in its "as is" condition, subject to assumptions and contingent and limiting conditions as well as any extraordinary assumptions and hypothetical conditions, as explained in this report, as of May 11, 2024, is: SEVEN HUNDRED EIGHTY THOUSAND DOLLARS ($780,000) 744 NORMAL MARKETING PERIOD AND REASONABLE EXPOSURE TIME ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 60 File #24-0701 NORMAL MARKETING PERIOD AND REASONABLE EXPOSURE TIME Normal marketing period is the most probable amount of time necessary to expose a property, in its entirety, to the open market in order to achieve a sale. Implicit in this definition are the following characteristics. 1. The property will be actively exposed and aggressively marketed to potential purchasers through marketing channels commonly used by sellers of similar type properties. 2. The property will be offered at a price reflecting the most probable markup over market value used by sellers of similar type properties. 3. A sale will be consummated under the terms and conditions of the definition of market value. The Market section has a chart showing median DOMs for similar sales in South Florida have been 12 months or less. Marketing times for the comparable sales in the sales comparison approach were less than 12 months. Most current listings with marketing periods exceeding 12 months have listing prices much higher than market prices. Market participants report relatively good demand for single-occupant properties and report marketing periods are currently less than 12 months for similar properties. We conclude a reasonable marketing time for sale of the subject property in its “as is” condition and at a price similar to the estimate of market value is 12 months or less. Exposure time is the amount of time likely to have been experienced for sale of the subject property on the valuation date. We estimate a reasonable exposure time is 12 months or less based on the same market data. 745 ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 61 File #24-0701 PART 3: ADDENDUM ____________________________________________________________________________ CERTIFICATION I certify that, to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest with respect to the parties involved. I have no bias with respect to any property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results, a specific valuation, or the approval of a loan. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the State of Florida. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. Jonathan Whitney and Brent Wells made a personal, visual inspection of the readily accessible areas of the property that is the subject of this appraisal. I, Jonathan Whitney, MAI, the supervisor appraiser of a registered trainee appraiser who contributed to the development or communication of the appraisal, hereby accept full and complete responsibility for any work performed by the registered trainee appraiser named in this report as if it were my own work. 746 CERTIFICATION ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 62 File #24-0701 No one provided significant real property appraisal or appraisal consulting assistance to the person signing this certification. As of the date of this report, we have completed the continuing education program of the State of Florida. As of the date of this report, Jonathan Whitney has completed the continuing education program of the Appraisal Institute. The undersigned has provided services as an appraiser regarding the property that is the subject of this report within the three-year period preceding acceptance of this assignment. We appraised the property for the same client in a report with an effective date of March 14, 2023. The undersigned has not provided any other services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period preceding acceptance of this assignment. May 20, 2024 Brent Wells State-registered Trainee Appraiser RI24758 May 20, 2024 Jonathan Whitney, MAI State-certified General Real Estate Appraiser RZ2943 747 CONTINGENT AND LIMITING CONDITIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 63 File #24-0701 CONTINGENT AND LIMITING CONDITIONS This appraisal is subject to the following contingent and limiting conditions: 1. The legal description and maps are assumed to be correct. 2. No responsibility is assumed for matters which are legal in character, nor is any opinion rendered as to title, which is assumed to be good and marketable. Any existing liens or encumbrances have been disregarded, and the property is appraised as free and clear. This appraisal is made, assuming that all public improvements of any kind affecting the property appraised are fully paid for, unless otherwise specifically set forth in the property description. 3. No survey has been made of the property on behalf of the appraisers and no responsibility is assumed in connection with such matters. The sketches contained in this report are for illustrative purposes only and are included to assist the reader to better visualize the property. The information furnished by others is believed to be reliable and no responsibility is assumed for its accuracy. 4. In this report, the distribution of the total valuation between land and improvements applies only under the existing program of utilization. The separate valuations for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. 5. Possession of this report, or a copy thereof, does not carry with it the right of publication, nor may it be used for any purpose by any but the recipient without written consent of the appraiser. 6. The contract for appraisal, consultation, or analytical service is fulfilled and total fee is payable upon completion of the report. The appraisers will not be required to give testimony in court or hearing because of having made the appraisal in full or in part, nor engage in post- appraisal consultation with the client or third parties, except under separate and special arrangement and at additional fee. 7. The appraisers may not divulge material contents of the report, analytical findings or conclusions or give a copy of the report to anyone other than the client or his designee as specified in writing, except as may be required by the Appraisal Institute as it may request in confidence for ethics enforcement or by a court of law of body with the power of subpoena. 8. Liability of Aucamp, Dellenback & Whitney is restricted to the client. Aucamp, Dellenback & Whitney has no accountability or liability to any third party. 9. It is assumed there are no hidden or unapparent conditions of the property, subsoil or structures which make it more or less valuable. The appraiser assumes no responsibility for such conditions or engineering which might be required to cover these facts. No topographical survey was provided. 10. No environmental impact study, special market study or analysis, highest and best use analysis or feasibility study has been requested or made unless otherwise specified in an agreement for services or in the report. The appraiser reserves the unlimited right to alter, amend, revise or rescind any of the statements, findings, opinions, values, estimates or 748 CONTINGENT AND LIMITING CONDITIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 64 File #24-0701 conclusions upon any subsequent such study or analysis or previous study or analysis subsequently becoming known to him. 11. The market value estimated and the cost used are as of the date of the estimate of value. All dollar amounts are based on the purchasing power and price of the dollar as of the date of the value estimate. 12. This appraisal expresses our opinion and employment to make this appraisal was in no way contingent upon reporting a predetermined value or conclusion. The fee for this appraisal or study is for the service rendered and not for time spent on the physical report. 13. The value estimated in this appraisal report is gross without consideration given to any encumbrance, restriction, or question of title unless specifically defined. The estimate of value in the appraisal report is not based in whole or in part upon race, color or national origin of the present owners or occupants of properties in the vicinity of the property appraised. 14. Responsible ownership and competent property management are assumed. 15. It is assumed that there is full compliance with all applicable federal, state and local environmental regulations and laws, unless noncompliance is stated, defined and considered in the appraisal report. 16. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a non-conformity has been stated, defined and considered in the appraisal report. 17. It is assumed that all required licenses, certificates of occupancy and consents or other legislative or administrative authority from any local, state or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 18. It is assumed that the utilization of the land and improvements is within the boundaries of the property lines, that the property described in that there is no encroachment or trespass unless noted in the report. 19. Authentic copies of this report are signed in ink. 20. Unless otherwise stated in this report, the existence of hazardous substances, including without limitation asbestos, polychlorinated biphenyls, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, or other environmental conditions, were not called to the attention of nor did the appraiser become aware of such during the appraiser's inspection. The appraiser has no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraiser, however, is not qualified to test such substances or conditions. If the presence of such substances, such as asbestos, urea formaldehyde foam insulation, or other hazardous substances or environmental conditions may affect the value of the property, the value estimated is predicated on the assumption that there is no such condition on or in the property or in such proximity thereto that it would cause a loss in value. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. 749 CONTINGENT AND LIMITING CONDITIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 65 File #24-0701 21. The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon value of the property. Since the appraisers have no direct evidence relating to this issue, possible noncompliance with the requirements of ADA in estimating the value of the property has not been considered. 22. The report may contain estimates of prospective value for the subject property. Forecasts and prospective values are based upon current market conditions and trends. Aucamp, Dellenback & Whitney cannot be held responsible for unforeseeable events that alter market conditions prior to the prospective dates. 23. Acceptance and/or use of this appraisal report constitutes acceptance of the preceding conditions. 750 HYPOTHETICAL CONDITIONS AND EXTRAORDINARY ASSUMPTIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 66 File #24-0701 HYPOTHETICAL CONDITIONS AND EXTRAORDINARY ASSUMPTIONS Hypothetical Conditions This appraisal is subject to the following hypothetical conditions: None Extraordinary Assumptions The following extraordinary assumption is important for supporting the value conclusion(s) in this report, and value conclusion(s) may be significantly affected without this extraordinary assumption. This appraisal is subject to the following extraordinary assumptions: None 751 DEFINITIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 67 File #24-0701 DEFINITIONS Market Value The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: buyer and seller are typically motivated; both parties are well informed or well advised, and acting in what they consider their own best interests; a reasonable time is allowed for exposure in the open market; payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Source: Interagency Appraisal and Evaluation Guidelines, Federal Register, Volume 75, No. 237, December 10, 2010) Bulk Value The value of multiple units, subdivided plots, or properties in a portfolio as though sold together in a single transaction. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 27) Market Rent The most probable rent that a property should bring in a competitive and open market reflecting the conditions and restrictions of a specified lease agreement, including the rental adjustment and revaluation, permitted uses, use restrictions, expense obligations, term, concessions, renewal and purchase options, and tenant improvements (TI). (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 140) Prospective Opinion of Value A value opinion effective as of a specified future date. The term does not define a type of value. Instead, it identifies a value opinion as being effective at some specific future date. An opinion of value as of a prospective date is frequently sought in connection with projects that are proposed, under construction, or under conversion to a new use, or those that have not yet achieved sellout or a stabilized level of long-term occupancy. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 180) Retrospective Value Opinion A value opinion effective as of a specified historical date. The term retrospective does not define a type of value. Instead, it identifies a value opinion as being effective at some specific prior date. Value as of a historical date is frequently sought in connection with property tax appeals, damage models, lease renegotiation, deficiency judgments, estate tax, and condemnation. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 201) 752 DEFINITIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 68 File #24-0701 Value in Use The value of a property assuming a specific use, which may or may not be the property’s highest and best use on the effective date of the appraisal. Value in use may or may not be equal to market value but is different conceptually. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 245) Market Value of the Going Concern The market value of an established and operating business including the real property, personal property, financial assets, and the intangible assets of the business. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 245) Liquidation Value The most probable price that a specified interest in real property should bring under the following conditions: 1. Consummation of a sale within a short time period. 2. The property is subjected to market conditions prevailing as of the date of valuation. 3. Both the buyer and seller are acting prudently and knowledgeably. 4. The seller is under extreme compulsion to sell. 5. The buyer is typically motivated. 6. Both parties are acting in what they consider to be their best interests. 7. A normal marketing effort is not possible due to the brief exposure time. 8. Payment will be made in cash in U.S. dollars (or the local currency) or in terms of financial arrangements comparable thereto. 9. The price represents the normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 132) Insurable Value A type of value for insurance purposes. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 119) Replacement Cost The estimated cost to construct, at current prices as of a specific date, a substitute for a building or other improvements, using modern materials and current standards, design and layout. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 197) Limited-Market Property A property (or property right) that has relatively few potential buyers. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 131) Special Purpose Property A property with a unique physical design, special construction materials, or a layout that particularly adapts its utility to the use for which it was built; also called a special-design property. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 217) 753 DEFINITIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 69 File #24-0701 Fee Simple Estate Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 90) Leased Fee Interest The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 128) Leasehold Interest The right held by the lessee to use and occupy real estate for a stated term and under the conditions specified in the lease. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 128) Real Property The interests, benefits, and rights inherent in the ownership of real estate. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 188) Personal Property Identifiable tangible objects that are considered by the general public as being “personal” – for example, furnishings, artwork, antiques, gems and jewelry, collectibles, machinery and equipment; all tangible property that is not classified as real estate.. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, pages 170) Intended Use The use or uses of an appraiser’s reported appraisal or appraisal review assignment opinions and conclusions, as identified by the appraiser based on communication with the client at the time of the assignment. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 119) Intended User The client and any other party as identified, by name or type, as users of the appraisal or appraisal review report by the appraiser on the basis of communication with the client at the time of the assignment. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, pages 119) Hypothetical Condition A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. Hypothetical conditions are contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 113) 754 DEFINITIONS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 70 File #24-0701 Extraordinary Assumption An assumption, directly related to a specific assignment, as of the effective date of the assignment results, which, if found to be false, could alter the appraiser’s opinions or conclusions. Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal, or economic characteristics of the subject property; or about conditions external to the property such as market conditions or trends; or about the integrity of data used in an analysis. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 73) Prudent and Competent Management An owner, operator, or management company that maintains and uses real estate in a manner consistent with the manner in which typical buyers of similar properties would consider appropriate as measured by actual practices in the competitive market. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 180) Arm’s Length Transaction A transaction between unrelated parties who are each acting in his or her own best interest. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 13) Surplus Land Land that is not currently needed to support the existing use but cannot be separated from the property and sold off for another use. Surplus land does not have an independent highest and best use and may or may not contribute to the improved parcel. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 227) Excess Land Land that is not needed to serve or support the existing use. The highest and best use of the excess land may or may not be the same as the highest and best use of the improved parcel. Excess land has the potential to be sold separately and is valued separately. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 80) Entrepreneurial Incentive The amount an entrepreneur expects to receive for his or her contribution to a project. Entrepreneurial incentive may be distinguished from entrepreneurial profit (often called developer’s profit) in that it is the expectation of future profit as opposed to the profit actually earned on a development or improvements. The amount of entrepreneurial incentive required for a project represents the economic reward sufficient to motivate an entrepreneur to accept the risk of the project and to invest the time and money necessary in seeing the project through to completion. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Sixth Edition, Chicago, 2015, page 76) 755 AREA DESCRIPTION AND ANALYSIS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 71 File #24-0701 AREA DESCRIPTION AND ANALYSIS FLORIDA Florida is a major U.S. state as seen in population and employment figures. As of 2022, Florida’s estimated population was 22,114,754 according to the ESRI. Among the 50 states, Florida is ranked as the third most populous state. Florida is forecasted to have an annual growth rate of 0.61% over the next five years. The majority of job growth in the next ten years likely will come in the service industry led by new jobs in business services, health care, and government employment. Manufacturing will continue to be a relatively reduced part of the state’s economy. Florida's geography, climate, and location are important reasons for its population and economic growth. Florida's coastline with 1,197 miles along the Atlantic Ocean and Gulf of Mexico is the longest of any state, except Alaska. Temperature variations are mild, and the southern part of the state has a subtropical climate. Florida is strategically located for access to the Caribbean Islands as well as to South and Central America. SOUTH FLORIDA South Florida is the tri-county region consisting of Miami-Dade, Broward, and Palm Beach and occasionally consists of other surrounding counties. The metropolitan area stretches from south of Miami to north of West Palm Beach, a distance of about 100 miles, and extends 15 to 20 miles west from the Atlantic Ocean. The three counties are the state’s three most populous region with an estimated population of 6,200,000, as of 2022, and comprised almost one-third of the state's population. The South Florida region experienced explosive growth starting in the 1950s when air- conditioned homes made round year living more comfortable. Moving forward, the tri-county region is forecasted to grow at a much slower pace than the past 70 years. Per ESRI, the average growth rate is projected to be under 1.0% during the next five years. Population growth has largely been migration from northern U.S. states and Canada as well as South American countries and Caribbean Islands. Economic growth in South Florida is centered on services and retail trade for tourists, seasonal residents, permanent residents and retirees. Real estate construction has been a strong economic contributor over the past 50 years. South Florida is also known as a major export / import center for trade with South America and as an attractive location for some high-tech industries and financial service firms. Within this region, a primary trend has been northward movement of population from Miami- Dade County into Broward County, and from Broward County into Palm Beach County. This trend accelerated with the dislocation of residents due to Hurricane Andrew in 1992. The movement continues today as residents seek less traffic congestion in comparison to Miami- Dade County. 756 AREA DESCRIPTION AND ANALYSIS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 72 File #24-0701 PALM BEACH COUNTY Palm Beach County is located along Florida's southeast coast on the Atlantic Ocean to the east and Lake Okeechobee to the west. The county is located about 15 miles north of Fort Lauderdale, 40 miles north of Miami, 175 miles south of Orlando, and 270 miles south of Jacksonville. Palm Beach County, with approximately 1,974 square miles of land area, is one of the largest counties in the United States and is the third largest of Florida's 67 counties. Elevation changes range from 0-20 feet with the average elevation at 15 feet above sea level. The terrain is generally sandy and flat with some gently sloping coastal ridges. The county's subtropical climate has an average temperature of 75 degrees Fahrenheit. Winters are mild because of the proximity to the warm Gulf Stream currents of the Atlantic Ocean. Prevailing winds are from the east. Average annual rainfall is 62 inches. Palm Beach County contains 39 incorporated municipalities mostly located east of Florida's Turnpike. County government, mainly located within West Palm Beach, handles the unincorporated areas. Population growth has put constant pressure on government planning and services. Land Use Pattern Palm Beach County has a well-established area of urban development as well as a major nature reserve area and productive agricultural area. The urban corridor stretches along the eastern portion of the county while nature reserve and agricultural areas are located in the middle and western portions of the county. Several small coastal communities in Palm Beach County were initially developed in the early 1900s. These small cities and towns were separated from each other with agricultural land or vacant land. By about the 1980s, the land was developed and the coastal area become one continuous developed urban / suburban corridor. This corridor now represents continuous development from the municipalities of Boca Raton to Tequesta. Most undeveloped land is located to the west of this eastern urban / suburban corridor. Several eastern coastal downtown areas developed between the 1920s and the 1960s, including Boca Raton, Delray Beach, Boynton Beach, Lake Worth, and West Palm Beach, are now experiencing redevelopment and gentrification. The nature reserve area consists of a north-south corridor to the west of the urban corridor. This area consists of the large Loxahatchee National Wildlife Refuge in the south and central portion and several other natural areas in the north portion: Dupuis Reserve State Park, J.W. Corbett Wildlife Management Area, West Palm Beach Catchment Area, and Jonathan Dickinson State Park. The agricultural reserve area in southeast Palm Beach County produces vegetables and ornamental plants while the agricultural area in western Palm Beach County is active in sugarcane production. Belle Glade, Pahokee, and South Bay are the three communities within the western agricultural area. 757 AREA DESCRIPTION AND ANALYSIS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 73 File #24-0701 Population Per ESRI, the county has an estimated population of 1,521,397 in 2022 representing about 7% of the state’s population. Population growth from 2022 to 2027 is projected at 0.34%, which is less than the state’s projected growth rate at 0.61%. The county’s comparatively lower future growth rate reflects the county’s advanced stage of development and diminishing supply of land available for development. Economy Palm Beach County has an employment base comprised mostly of several sectors: Trade, Transportation and Utilities; Professional and Business Services; Education and Health Services; and Leisure and Hospitality. These sectors are geared toward the seasonal and retiree segments that have been large part of the county’s population. Per the Palm Beach County Business Development Board, Palm Beach County’s labor force consists of over 700,000 people. The county’s unemployment rate is similar to that of the State of Florida and the United States, as shown on a chart in the following pages. Housing The Palm Beach County Business Development Board indicates Palm Beach County has a total of 700,000 housing units with a homeowner vacancy rate quite low at less than 3.0%. Per ESRI, the median home price in Palm Beach County is much higher than the state median home price. Services The county has good medical care facilities consisting of 34 hospitals and 1,992 physician offices. A recent trend in local health care is construction of satellite facilities with outpatient services. The School District of Palm Beach County is the 10th largest public school district in the United States. The District reports an annual enrollment of 193,000 students and 22,340 employees. Numerous private schools are also available. Overcrowding is present in some areas. Prominent academic colleges in the county consist of Florida Atlantic University in Boca Raton, Palm Beach State College with four branch campuses, Palm Beach Atlantic University in West Palm Beach, and Lynn University in Boca Raton. The county has many vocational, technical, and charter schools. Public water and sewer utilities are provided throughout the county by either incorporated municipalities, special districts, or by the county. Telephone service is provided by BellSouth and other telecommunication vendors. Standard electric service is generally available from Florida Power and Light. Natural gas is provided by main or delivered as liquefied petroleum gas by Peoples Gas System. Transportation in Palm Beach County consists of Palm Beach International Airport (PBIA), Palm Beach Park Airport, Palm Beach County Glades Airport, North County Airport, Boca Raton Airport, Palm Tran, Port of Palm Beach and Tri-Rail. PBIA is conveniently located to serve the air trade area of Palm Beach County and the four surrounding counties. The 600,000 square foot airport accommodates 28 aircraft gates with expansion potential for 24 gates. The airport reports a passenger count of 6.5 million in the recent years, which is an increase year-over- year. The Boca Raton Airport, the Palm Beach Park Airport and the North County Airport are general aviation airports serving private and corporate airplanes. 758 AREA DESCRIPTION AND ANALYSIS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 74 File #24-0701 Palm Tran is a public bus service in Palm Beach County. Palm Tran has been in service since 1971, runs seven days a week serving more than 3,200 bus stops with 150 buses in Palm Beach County. It has a ridership of over 10 million passengers a year. Tri-Rail is also a means of public transportation in Palm Beach County. Formed in 1987, this light-rail system extends roughly 72 miles and runs parallel to Interstate 95 from West Palm Beach to Miami serving 18 stations. Ridership exceeded 4.2 million passengers in 2016. Brightline is a recently constructed privately-held high-speed rail service serving Miami, Fort Lauderdale and West Palm Beach. Future expansion involves service to Orlando and other Florida cities. Port of Palm Beach is one of the busiest container ports in Florida with over 2,500,000 tons of cargo shipped annually. The port also services over 500,000 cruise passengers. Trends Palm Beach County has well established urban and agricultural areas. Economic soundness is supported with a higher than average income, expanding employment centers, a wide range of commercial and public services and facilities, and many recreational opportunities. The county is poised for further growth. Future trends show modest population growth and a favorable outlook for Palm Beach County's economy. Population trends indicate further migration to the county will continue, and jobs will continue to increase and fuel economic growth in the county. Problems typically associated with growth will continue to challenge Palm Beach County. The major challenges are schools, transportation and utilities to meet the needs of a growing population. 759 AREA DESCRIPTION AND ANALYSIS ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 75 File #24-0701 760 APPRAISER QUALIFICATIONS AND LICENSE ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 76 File #24-0701 APPRAISER QUALIFICATIONS AND LICENSE QUALIFICATIONS OF JONATHAN D. WHITNEY, MAI State-certified General Real Estate Appraiser, RZ2943 Professional Experience Aucamp, Dellenback & Whitney, Boca Raton, FL, 2003 - Present Real Estate Appraisers & Consultants Principal, 2016 - Present Commercial Real Estate Appraiser, 2003 - Present Jonathan Whitney has 20 years of experience in valuing commercial real estate in the greater South Florida market. He heads the team of eight commercial real estate appraisers for independent Aucamp, Dellenback & Whitney (ADW), and values all major real property types: industrial, office, retail, and multifamily. Valuation assignments also include vacant development sites, residential subdivisions / condominiums, mixed-use buildings, and special-purpose properties. His partner, David Aucamp, SRA, heads the residential side of their firm with a separate team of seven residential appraisers. Clients are mostly bank lenders, but also include investors, institutions, property owners, developers, brokers, attorneys, CPAs, municipalities, and associations. Real estate appraisal and consulting assignments involve estimating market value and-or market rent, and providing expert witness testimony. Valuation assignments range between relatively straight forward assignments to multiple-phased projects with complex cash flow considerations. Education Master in Arts in Business, University of Florida, 2000 Bachelor of Science in Economics, University of Florida, 1999 Boca Raton Community High School, 1995 JONATHAN D. WHITNEY, MAI Aucamp, Dellenback & Whitney 1900 NW Corporate Blvd, Suite 215E Boca Raton, FL 33431 jon@adw-appraisers.com 561-609-2884 761 APPRAISER QUALIFICATIONS AND LICENSE ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 77 File #24-0701 Activities and Affiliations Florida State-certified General Real Estate Appraiser, RZ 2943, 2006 - Present Florida State-registered Associate Appraiser, RI 11475, 2003 - 2006 Appraisal Institute Designated Member (MAI), 2013 - Present Board of Directors, South Florida Chapter, 2018 - 2020 Associate Member, 2004 - 2013 Planning and Zoning Board, City of Boca Raton Secretary, 2021 - Present Member, 2019 - Present Zoning Board of Adjustment, City of Boca Raton Vice Chair, 2017 - 2018 Member, 2013 - 2018 Urban Land Institute (ULI) Associate Member, 2019 - Present Commercial Real Estate Development Association (NAIOP) Member, 2019 - Present Boca Raton Federation of Homeowners Executive Board Member, 2018 - 2019 Boca Raton Chamber of Commerce Member (ADW), 1990s - Present Leadership Boca, Class of 2016 National Association of Divorce Professionals (NADP) Member, 2017 - 2019 Boca Raton Downtown Rotary Club Member, 2016 - Present Fund Board Member, 2020 - Present Mayors Ball Honorary Co-Chair, 2022 Mayors Ball Co-Chair, 2021 Mayors Ball Committee Member, 2016 - 2020 Spanish River Church and Christian School Member, Spanish River Church, 2011 - Present School Board Member, Spanish River Christian School, 2022 - Present Elder, Spanish River Church, 2017 - 2021 762 APPRAISER QUALIFICATIONS AND LICENSE ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 78 File #24-0701 Recent Appraisal Institute Courses (sampling of recent courses) USPAP (Uniform Standards of Professional Appraisal Practice) Update, 2022 - 2023 Florida State Law for Real Estate Appraisers, 2022 Supervisory Appraiser / Trainee Appraiser Course, 2022 Appraisal of Fast Food Restaurants, 2022 Business Practice & Ethics, 2018 Appraising Automobile Dealership, 2018 Technology Tips for Real Estate Appraisers, 2018 Advanced Applications, 2009 Advanced Income Capitalization, 2009 Advanced Sales Comparison and Cost Approaches, 2008 Report Writing and Valuation Analysis, 2008 Office Building Valuation: A Contemporary Perspective, 2007 763 APPRAISER QUALIFICATIONS AND LICENSE ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 79 File #24-0701 764 APPRAISER QUALIFICATIONS AND LICENSE ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 80 File #24-0701 APPRAISAL QUALIFICATIONS OF BRENT WELLS State-registered Real Estate Trainee Appraiser RI24758 Professional Experience State-registered Trainee Appraiser RI24758 Work Experience February 2012 – August 2015 Staff Writer, BH Media Group, Lynchburg, VA October 2015 – December 2017 Marketing Communications Specialist, Makewells, Inc., Boca Raton, FL January 2018 – July 2019 Marketing Content Manager, Denison Yachting, Ft. Lauderdale, FL August 2019 – Present Staff Commercial Trainee Appraiser, Aucamp, Dellenback & Whitney, Boca Raton, FL Education Florida International University - FL Bachelor of Science, Mass Communications, Multi-Media Journalism Appraisal Courses (sampling of recent courses): Basic Appraisal Principles and Procedures, 2019 State of Florida Law and Appraisers, 2019 The Uniform Standards of Professional Appraisal Practice (USPAP), 2019 Florida Real Estate Appraisal Laws and Rules, 2020 2020-2021 National USPAP Course Mortgages, Appraisers, and Foreclosures, 2020 Appraiser’s Guide to Expert Witness, 2020 Commercial Land Valuation, 2022 Introduction to Expert Witness Testimony for Appraisers: To Do or Not to Do, 2022 Bifurcated and Hybrid Appraisals: A Practical Approach, 2022 That's a Violation and Appraising for the VA, 2022 Florida Appraisal Laws and Regulations Update, 2022 2022-2023 National USPAP Update Course Brent Wells Aucamp, Dellenback & Whitney 1900 NW Corporate Blvd, Suite 215E Boca Raton, FL 33431 brent@adw-appraisers.com 561-609-2886 765 APPRAISER QUALIFICATIONS AND LICENSE ____________________________________________________________________________________________________________________________________ AUCAMP, DELLENBACK & WHITNEY 81 File #24-0701 766 SUBJECT PROPERTY 767 Street # Property Address Structure or Lot? Legal Appraised Value Asking Price Lot Size Acres Square Feet Price per Sq. Ft. Assemblage Total Square Feet Assemblage Total Price per Sq. Ft. Demolition Costs 413 W. Boynton Beach Boulveard 413 W. Boynton Beach Blvd. Commercial Office Ridgewood E 9.5 ft. of Lots 87 & 88 to 90 less S 10 FT SR 804)$780,000.00 $1,200,000.00 0.2237 9744.372 $123.15 N/A N/A $15,000-$30,000 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 SUBJECT PROPERTY FOR BOYNTON BEACH CRA PURCHASE W. BOYNTON BEACH BLVD. ASSEMBLAGE (BOCA REGIONAL HOSPITAL) $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 $53.17 N 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 $54.94E. Boynton Beach Blvd. ABC Rentals February-21 $917,000.00 16692.192 $54.94 $76.61 MATT GRACEY PROPERTIES - W. BOYNTON BEACH BLVD. ASSEMBLAGE $35,828.75 $45,804.00 52054.2 $57.63 E. BOYNTON BEACH BLVD. ASSEMBLAGE (ABC RENTAL PROPERTIES) 16692.192 768 225 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 11900.592 433 W. Boynton Beach Blvd. Vacant Lot Lots 83-86 Ridgewood Hills June-23 $1,200,000.00 0.5672 24707.232 $48.57 N/A N/A N/A 1111 S. FEDERAL HIGHWAY DEVELOPMENT, LLC 1111 S Federal Highway Lot Lots 12, 13 Parker Estates listing price $895,000.$870,000.00 0.3549 15459.444 $56.28 N/A N/A N/A YELLOWBEARD, INC. 1022 N. Federal Highway Structure will be demo'd prior to sale-Vacant Lot Lots 20, 21, 22, Blk 3, Lake Addition $910,000.00 $1,000,000.00 0.3805 16574.58 $60.33 N/A N/A $20,500 Total Purchase Price Total Lot Size Acres Total Square Feet Price per Sq. Ft. $16,812,000.00 6.2736 273278.016 $61.52 Street # Property Address Structure or Lot/Appraisal Legal Appraised Value Asking Price Lot Size Acres Square Feet Price per Sq. Ft. Assemblage Total Square Feet Assemblage Total Price per Sq. Ft. 1320 S Federal Highway Vacant Lot Lot 2, Lee Manor Isles N/A $2,750,000.00 0.5208 22686.048 $121.22 N/A N/A 709 S Federal Highway Medical Bldg.N/A $6,000,000.00 0.6624 28854.144 $207.94 N/A N/A 136-140 W Boynton Beach Blvd. Retail Bldg. Lots 2-4, Blk 4, Boynton Heights Add N/A $1,700,000.00 0.3093 13473.108 $126.18 N/A N/A 3047 N Federal Highway Vacant Lot Kings Sub Tr C N/A $4,000,000.00 0.8926 38881.656 $102.88 N/A N/A IPUD 724 N Federal Highway Car Lot/Auto Shop Lots 23-25, Boynton Place N/A $1,250,000.00 0.3234 14087.304 $88.73 N/A N/A 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 Hall Properties 417, 445, 511, 520, 521, 522 N. Federal Highway Structures/Businesses various lots-Blk 5, Robert Add N/A $6,247,500.00 1.24 54014.4 $115.66 417, 445, 511, 520, 521, 522 N. Federal Highway Structures/Businesses various lots-Blk 5, Robert Add Appraised Value 6/19/23 $5,100,000.00 1.24 54014.4 $94.42 LUCY LAND, LLC 703 S. Federal Highway Lot NE corner of the NE 1/4 of the SE 1/4 of Section 28; S 80'; W 410.2'; N 80'; E 410.2' to POB $1,568,000.00 $1,568,000.00 0.6392 27843.552 $56.31 PREVIOUS PROPERTY OFFERINGS TO BOYNTON BEACH CRA BOYNTON EAST, LLC CURRENT LISTINGS ON FEDERAL HIGHWAY AVERAGE COST PER SQ. FT. OF PURCHASES ABOVE $2,185,000.00 $47.48 46016.784 $47.48 N/AMarch-23 769 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 NEW BUSINESS AGENDA ITEM 15.E SUBJECT: Discussion and Consideration of the Purchase of the Property Located at 1017 N. Federal Highway SUMMARY: CRA staff has identified an available property for sale at 1017 N. Federal Highway. It is located on the southwest corner of E. Martin Luther King, Jr. Boulevard and N. Federal Highway within the Federal Highway District with an asking price of $895,000 (see Attachment I & II). It is the is the former location of Troy's BBQ and continues to operate as a takeout restaurant. The lot consists of 0.21 acres with a 364 square foot commercial building. It is currently occupied however, the terms of the lease are unknown. The property's current use is nonconforming and is not large enough for commercial redevelopment on its own. An appraisal of the property was completed on April 18, 2024, with a market value of $560,000 (see Attachment III). With the acquisition of the property to the north, this could become a part of the gateway/entrance to E. Martin Luther King Jr. Boulevard (The Heart of Boynton) from the Federal Highway Corridor. The property's current use is nonconforming and is not large enough for commercial redevelopment on its own. CRA staff would like to submit a Letter of Interest to the Seller's agent based on the Board's approval of a purchase price and any other terms they feel would be appropriate and/or necessary to purchase the property (i.e., deliver the property unoccupied, etc.). FISCAL IMPACT: FY 2023-2024 Budget, Project Fund line item 02-58200-401: Amount to be determined. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Federal Highway District CRAB RECOMMENDATION: The CRA Advisory Board recommends purchasing the property now as a land banking opportunity as part of their pending assignment discussion at its May 2, 2024 meeting (see Attachment IV). CRA BOARD OPTIONS: To be determined by the CRA Board. 770 •Attachment I - Location Map & CRA Plan Information •Attachment II - Listing 1017 N Federal Hwy, Boynton Beach, FL 33435 _ Crexi •Attachment III - Appraisal 1017 N Fed Hwy •Attachment IV - 05-02-2024 BB CRAB Meeting Minutes ATTACHMENTS: Description 771 Retail/Stores Zoning C4 Use Code 2200-Restaurant Property Size 364 sf Lot Size .2114 1017 N Federal Hwy Boynton Beach, FL 33435 772 773 93 Federal Highway District Introduction Planning Challenges Planning Considerations The Vision Recommendations 774 94D.District PlansIntroduction The Federal Highway Corridor is approximately 2.5 miles long and runs from the north to the south City boundaries. Corridor redevelopment has been difficult, given the glut of outdated commercial buildings as well as land use and zoning generally out-of-step with the changing economic environment and current vision. In 2001, to address the blight along the Federal Highway corridor, the CRA and City adopted the Federal Highway Corridor Community Redevelopment Plan. The Plan was updated in June of 2006. The Federal Highway Corridor District benefited from redevelopment activity more than any other district. The land use changes recommended by the 2001 Plan and its update resulted in the development of 2,358 new residential units in the five new projects at the north end of Federal Highway and eight projects along the south end of the District. The CRA recently completed a capital improvement project in the area of the FEC right-of-way, on the west side of Federal Highway between the Stanley Weaver (C-16) Canal and N.E. 15th Avenue. As part of this project, new landscaping, irrigation, lighting and a new entry sign for the City were installed. This District consists of two sections, North and South. Each section extends north and south from the Downtown District, ending at the City’s boundary. On the west, they are mostly bounded by the F.E.C. Railroad right-of-way; on the east, both border on the Intracoastal Waterway. The South and North sections of the District represent the main entries into the City from US Highway 1. There are two major arterial roadways in the district: Gateway Boulevard, an east-west arterial between I-95 and Federal Highway, and Federal Highway, which runs north/south through the entire CRA district. The district is home to two City parks: the Harvey Oyer, Jr. Park with 8.79 acres and the Intracoastal Park with 8.97 acres. Both parks provide residents with access to the Intracoastal Waterway. 775 95Federal HwyFigure 48: Federal Highway District (North) District Location Map Figure 49: Federal Highway District (South) District Location Map Federal HwyWoolbright Rd. Boynton Beach Blvd. Ocean Ave SE 36th Ave. SE 23rd Ave. Gateway Blvd. Dimick Rd. Manatee Bay Drive NE 9th Ave. NE 7th Ave. MLK Jr. Blvd N 776 96D.District PlansPlanning Challenges One of the most challenging aspects of the north section of the District is the geographic layout imposed by the location of the FEC Rail line and the Intracoastal Waterway. The insufficient depth of land on the west side of Federal Highway makes certain areas undevelopable or at least difficult to develop. On the east side of Federal Highway, the depth of commercial lots is also inadequate to build anything that is responsive to the market. Land assemblage is required to create a developable site; moreover, there are only a few vacant parcels. Among numerous outdated commercial buildings, some are vacant and many under maintained. Additionally, many of the uses are not compatible with the vision of the Plan or with the adjacent residential neighborhoods. Another predominant feature that is creating visual blight is the abundance of overhead utilities. Old utility poles often remain after new poles are installed, taking up precious sidewalk space. The sidewalks are too narrow to allow two people to walk side-by-side or to accommodate the installation of mature shade trees and decorative streetlights. There are insufficient bus shelters along Federal Highway, even though Route 1 is one of the most used of all the Palm Tran routes. Due to the scale of Federal Highway, the buildings and uses have been oriented to the automobile. There is little in the design of the road, sidewalks or buildings that would encourage biking or walking as an alternative to driving. The drive lanes of Federal Highway are 12’ wide, encouraging speeding adjacent to the sidewalk. A major challenge to redevelopment in the area of Federal Highway is the lack of developable parcels. Figure 50: Example of District Planning Challenges 777 97 Planning Considerations There are several additional factors to consider for redevelopment recommendations along the corridor. The first one is a close proximity to the waterfront, including direct access to the barrier island and oceanfront recreation areas as well as direct access to the Intracoastal Waterway through three public parks located at each end of the corridor. However, it also makes the District vulnerable to flooding from high-tide events, storm surge, stormwater runoff and, eventually, the related impacts of sea level rise. Areas along the east side of the corridor are especially susceptible to flood damage, with large sections both north and south under FEMA-designated Special Flood Hazard Area (SFHA) and storm surge zones extending west past Federal Highway. Portions of these areas are also within evacuation zones for category 3 and 4 hurricanes. Both the north and south parts of the District overlap with the Comprehensive Plan’s Coastal Management area, and therefore are subject of all its policies. The main focus of these policies is flood prevention and mitigation, including policies regarding certain uses, development intensity increases and public infrastructure improvements in areas most prone to flooding. All have to be taken into consideration in redevelopment decisions, striking a balance between people’s desire to live on the water and the need to reduce threat to life and property from natural hazards. At the same time, the policies strongly encourage that public waterfront access be a part of all waterfront development. The return of passenger service to the F.E.C. Railroad as part of the Coastal Link project will also serve as an attraction to downtown living and working as the City redevelops. A portion of both segments of the corridor is within the Downtown Transit Oriented Development District. The entire corridor, future train station and the existing Tri-Rail Station is accessible via a short bus ride on one of the County’s most ridden Route #1. 778 98D.District Plans779 99 Vision The Federal Highway Corridor shall serve as a major point of entry into the City and the downtown from both the north and south direction. There shall be a mix of uses that front the road, improve and activate the area. The streetscape will encourage biking and walking by providing shade, attractive lighting and a sense of safety. The single-family neighborhoods will experience an increase in value and become more attractive to buyers. Recommendations: Streetscape Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Create a Complete Street design for Federal Highway including the addition of: • On-street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8’ wide clear sidewalk • Decorative light poles at both the vehicular and pedestrian scales • Require installation of canopy trees that provide immediate shading at time of construction • Underground overhead utilities • Provide additional pedestrian crossings where needed • Create a greenway along SE 4th Street per the Connectivity Plan 780 100D.District PlansRecommendations: Land Use To encourage land assemblage for redevelopment of the corridor, the Plan recommends the application of the newly created future land use classification (Mixed-Use Low with a density of 20 units per acre) and zoning district (Mixed-Use 1 zoning with a 45’ height limitation).This new land use designation will allow flexibility to develop retail and residential or retail and office uses, allowing the market to determine the best mix. The Mixed-Use Low would apply to the Federal Highway frontage and to Gateway Boulevard at the Federal Highway Intersection. Currently there is commercial land use at this location; however, it is in need of upgrading. Compatibility ordinances will be utilized to minimize impacts of commercial uses on adjacent residential neighborhoods. To allow for growth within the CRA and the City, it is recommended that the new mixed-use zoning category—Mixed-Use 4 with a density of 60 units per acre and 100’ height limitation—be applied at the four corners of Woolbright and Federal Highway. Below is a table of the proposed land use and zoning designations that will apply along the Federal Highway corridor: Figure 51: Federal Highway (North) District Example Projects Figure 52: Federal Highway (South) District Example Projects *Properties located within the TOD may recieve a 25% density bonus * Table 6: Recommended Future Land Use (FLU) Classifications within the Fedeal District 781 101 MU-M MU-H MU-L SHD HDR MU-L SHD HDR LDR REC SHD MDR Figure 53: Recommended Land Use for the Federal Highway (North) District Figure 54: Recommended Land Use for the Federal Highway (South) District NN Gateway Blvd. Manatee Bay Drive MLK Jr. Blvd Federal Hwy.Federal Hwy.Woolbright Rd. SE 36th Ave. 782 102D.District PlansUrban Design The following urban design guidelines are recommended for the Federal Highway north district: • The buildings shall be set back to accommodate on-street parking and the Pedestrian Zone. • All overhead utilities shall be installed underground. • For buildings incorporating commercial uses, these uses must front Federal Highway and shall maximize glazing facades visible from rights-of-ways. • Approximately 75% of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting Federal Highway shall have a minimum height of 30’ • Buildings fronting Federal Highway shall be a maximum of 45’ in height, any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10’ deep. • Parking shall be located to the rear or side of the property. MU-L Land Uses are permitted to have one (single loaded) row of parking in front of the structure. • Curb cuts shall be permitted on Federal Highway only when access is not possible from the rear or side. • Adjacent single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. • Building roofs shall have vertical breaks to prevent long unbroken spans. • Building facades shall be articulated with plane changes at least one foot deep with changes in color texture and material. • All buildings along Federal Highway must have pedestrian access from the right-of-way/ sidewalks. • The main pedestrian entry, or front door, must be fronting Federal Highway. 783 103 Figure 56: Example Mixed Use Low Project Figure 55: Example High Density Residential Project 784 104D.District Plans785 w.crexi.- Themmercal Estaxchang Details Property Type Retail Subtype Restaurant Square Footage 364 Price/Sq Ft $2,458.79 Zoning C-4 Lot Size (acres)0.22 For Sale It is a takeout restaurant of 364 sq.ft. It sits on _/- 0,22 acres of land. It is at a tra c-lit intersection. It has +/- 120 feet frontage on N. Federal Hwy. It is zoned C-4 which is the most intense commercial zoning in the City of Boynton Beach. It is for sale at $ 895,000.00 It is currently leased at $ 3,200.00/mo. GROSS. Address 1017 N Federal Hwy, Boynton Beach, FL 33435 Show on Map Date Added Feb 21, 2024 Days on Market 126 days Time Since Last Update 75 days Marketing Description Investment Highlights Valuation Calculator Valuation Calculator Loan Amount $0.00 Annual Debt Service $-- $-- Purchase Price * 895000 Net Operating Income * Enter an Amount Down Payment $895,000 100% Interest Rate * 0% - 100% Term (years)* Enter a Value Listing Contacts Allen Marcovitch PRO License: FL BK401549 Phone Number: Sign Up or Log In to see phone number View my pro le Active Asking Price:$895,000 Learn more View Flyer Submit LOI Request Info Opportunity Zone 1017 N. Federal Hwy1017 N. Federal Hwy RETAIL | 364 SF Street View Gallery 3 Map View Property Due Diligence Subscribe NowFor Sale (/properties) Retail (/properties/Retail) FL (/properties/FL/R… (/)Upgrade Add Listings (/add- properties) Enter a location or keyword For Sale (/properties) For Lease (/lease/properties) Auctions (/properties/Auctions) Property Data (/property- records/search) Intelligence (/intelligence)Sign Up 786 AN APPRAISAL OF THE IMPROVED COMMERCIAL PROPERTY LOCATED AT 1017 NORTH FEDERAL HIGHWAY IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA FILE #24-85528 PREPARED FOR BOYNTON BEACH CRA AS OF APRIL 18, 2024 BY STEPHEN D. SHAW, MAI, AI-GRS CALLAWAY & PRICE, INC. 787 Callaway & Price, Inc. Real Estate Appraisers and Consultants Licensed Real Estate Brokers www.callawayandprice.com SOUTH FLORIDA 1410 Park Lane South Suite 1 Jupiter, FL 33458 Phone (561 )686-0333 Fax (561) 686-3705 Stephen D. Shaw, MAI, AI-GRS Cert Gen RZ1192 s.shaw@callawayandprice.com Robert A. Callaway, MRICS Cert Gen RZ2461 r.callaway@callawayandprice.com TREASURE COAST 603 North Indian River Drive Suite 104 Fort Pierce, FL 34950 Phone (772) 464-8607 Fax (772) 461-0809 Stephen G. Neill, Jr., MAI Cert Gen RZ2480 s.neill@callawayandprice.com SPACE COAST 1120 Palmetto Avenue Suite 1 Melbourne, FL 32901 Phone (321) 726-0970 Fax (321) 726-0384 Curtis L. Phillips, MAI Cert Gen RZ2085 c.phillips@callawayandprice.com CENTRAL FLORIDA 111 North Orange Avenue Suite 800 Orlando, FL 32801 Phone (321) 726-0970 Fax (321) 726-0384 Curtis L. Phillips, MAI Cert Gen RZ2085 c.phillips@callawayandprice.com Please respond to the South Florida office E-Mail: s.shaw@callawayandprice.com April 24, 2024 Theresa Utterback Development Services Manager Boynton Beach CRA 100 East Ocean Avenue Boynton Beach, FL 33435 Dear Ms. Utterback: We have made an investigation and analysis of the improved commercial property located at 1017 North Federal Highway in the City of Boynton Beach, Palm Beach County, Florida. The Subject Property is improved with a 364-square foot building used as a walk-up restaurant for many years. Most of the site is asphalt paved for access and parking. The building, which was constructed in 1959, is 65 years old. The property was observed to be well maintained and in good condition for its age. However, it is our opinion that these improvements are underutilization of the site and do not represent the Highest and Best Use of the property. The value contribution of these improvements as an interim use until redevelopment occurs was considered. The Subject Property will be further described both narratively and legally within the following Appraisal Report. The purpose of this investigation and analysis was to provide our opinion of the Market Value of the Fee Simple Estate of the Subject Property as of April 18, 2024. This report has been prepared for our client and intended user, Boynton Beach Community Redevelopment Agency. The intended use is to assist the client for internal purposes. The scope of work performed is specific to the needs of the intended user and the intended use. No other use is intended, and the scope of work may not be appropriate for other uses. 788 Theresa Utterback Development Services Manager Boynton Beach Community Redevelopment Agency April 24, 2024 Page two The scope of work performed included a complete analysis of the Subject Property. A detailed scope of work description can be found in the body of this report. Based upon the scope of the assignment, our investigation and analysis of the information contained within this report, as well as our general knowledge of real estate valuation procedures and market conditions, it is our opinion that: Market Value of the Fee Simple Estate of The Subject Property As of April 18, 2024 was: $560,000 A description of the property appraised, together with an explanation of the valuation procedures utilized, is contained in the body of the attached report. For your convenience, an Executive Summary follows this letter. Your attention is directed to the Limiting Conditions and underlying assumptions upon which the value conclusion is contingent. Respectfully submitted, CALLAWAY & PRICE, INC. Stephen D. Shaw, MAI, AI-GRS Cert Gen RZ1192 Joe M. Merritt, Associate Appraiser Cert Gen RZ672 SDS/JMM/js/24-85528 Attachments 789 Executive Summary PROPERTY TYPE : Improved Commercial Land. LOCATION : The Subject Property is located on the southwest corner of North Federal Highway and East Martin Luther King Jr. Boulevard in the City of Boynton Beach, Palm Beach County, Florida. The property address is 1017 North Federal Highway, Boynton Beach, FL 33435. DATE OF VALUATION : April 18, 2024 DATE OF REPORT : April 24, 2024 PROPERTY DESCRIPTION: LAND : 9,208 square feet or 0.2114 acres IMPROVEMENTS : The Subject Property is improved with a 364- square foot building used as a walk-up restaurant for many years. Most of the site is asphalt paved for access and parking. The building, which was constructed in 1959, is 65 years old. The property was observed to be well maintained and in good condition for its age. However, it is our opinion that these improvements are underutilization of the site and do not represent the Highest and Best Use of the property. The value contribution of these improvements as an interim use until redevelopment occurs was considered in the following Sales Comparison Approach. ZONING : C-4, General Commercial District, by the City of Boynton Beach FUTURE LAND USE PLAN : GC, General Commercial, by the City of Boynton Beach HIGHEST AND BEST USE : Interim commercial use and future commercial redevelopment. MARKET VALUE OF THE FEE SIMPLE ESTATE OF THE SUBJECT PROPERTY AS OF APRIL 18, 2024 : $560,000 790 Table of Contents Page No. CERTIFICATION .......................................................................................... 1 GENERAL ASSUMPTIONS .............................................................................. 3 LIMITING CONDITIONS ................................................................................ 5 DEFINITION OF THE APPRAISAL PROBLEM .................................................... 11 Purpose, Date of Value, and Interest Appraised ........................................... 11 Intended Use and User of Appraisal ........................................................... 11 Market Value ......................................................................................... 11 Legal Description .................................................................................... 12 Fee Simple Estate ................................................................................... 12 Exposure Time ....................................................................................... 12 Marketing Time ...................................................................................... 13 SCOPE OF WORK ....................................................................................... 14 NEIGHBORHOOD DATA .............................................................................. 16 PROPERTY DATA ....................................................................................... 19 Location ................................................................................................ 19 Zoning .................................................................................................. 19 Land-Use Plan ........................................................................................ 20 Site Size, Shape and Access ..................................................................... 20 Easements and Deed Restrictions .............................................................. 21 Utilities ................................................................................................. 21 Topography ........................................................................................... 21 Census Tract ......................................................................................... 22 Flood Hazard Zone ................................................................................. 22 Assessed Value and Taxes ....................................................................... 23 Property History ..................................................................................... 23 Improvements ....................................................................................... 23 HIGHEST AND BEST USE ............................................................................ 24 Conclusion – As Vacant ........................................................................... 24 Highest and Best Use - As Improved.......................................................... 25 SALES COMPARISON APPROACH .................................................................. 26 Discussion of Boynton Beach Commercial Land Sales ................................... 27 Conclusion ............................................................................................ 34 ADDENDA Engagement Letter Qualifications: Stephen D. Shaw, MAI, AI-GRS Joe M. Merritt, Associate Appraiser 791 Certification 1 CERTIFICATION We certify that, to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. We have no present or prospective interest in the property that is the subject of this report, and we have no personal interest with respect to the parties involved. 4. We have performed services as an appraiser regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. We prepared an appraisal of the Subject Property the same Client and purpose with a valuation date of May 14, 2021 (C&P Job Number 21-82251). 5. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 6. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. Our 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. 8. The analyses, opinions, and conclusion were developed, and this report was prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) and The Interagency Appraisal and Evaluation Guidelines, December 10, 2010. 9. Joe M. Merritt made personal inspections of the property that is the subject of this report. Stephen D. Shaw, MAI, AI-GRS is signing this report having not inspected. 10. No one provided significant real property appraisal assistance to the persons signing this certification. 792 Certification 2 11. The use of this report is subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. 12. This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. 13. The reported analyses, opinions and conclusions were developed, and this report was prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 14. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 15. As of the date of this report, Stephen D. Shaw, MAI, AI-GRS has completed the continuing education program for Designated Members of the Appraisal Institute. Stephen D. Shaw, MAI, AI-GRS Cert Gen RZ1192 Joe M. Merritt, Associate Appraiser Cert Gen RZ672 793 General Assumptions and Limiting Conditions 3 GENERAL ASSUMPTIONS 1. Unless otherwise stated, the value appearing in this appraisal represents the opinion of the Market Value or the Value Defined AS OF THE DATE SPECIFIED. Market Value of real estate is affected by national and local economic conditions and consequently will vary with future changes in such conditions. 2. The value opinion in this appraisal report is gross, without consideration given to any encumbrance, restriction or question of title, unless specifically defined. 3. It is assumed that the title to the premises is good; that the legal description is correct; that the improvements are entirely and correctly located on the property described and that there are no encroachments on this property, but no investigation or survey has been made. 4. No responsibility is assumed for matters legal in nature, nor is any opinion of title rendered. No right to expert testimony is included unless other arrangements have been completed. In the performance of our investigation and analysis leading to the conclusions reached herein, the statements of others were relied on. No liability is assumed for the correctness of these statements; and, in any event, the appraiser’s total liability for this report is limited to the actual fee charged. 5. No rights to expert witness testimony, pre-trial or other conferences, depositions, or related services are included with this appraisal. If as a result of this appraisal process Callaway and Price, Inc., or any of its principals, its appraisal consultants or experts are requested or required to provide any litigation services, such shall be subject to the provisions of the engagement letter or, if not specified therein, subject to the reasonable availabilty of Callaway and Price, Inc. and/or said principals or appraisers at the time and shall further be subject to the party or parties requesting or requiring such services paying the then applicable professional fees and expenses of Callaway and Price, Inc. either in accordance with the engagement letter or arrangements at the time, as the case may be. 6. Any material error in any of the data relied upon herein could have an impact on the conclusions reported. We reserve the right to amend conclusions reported if made aware of such error. Accordingly, the client-addressee should carefully review all assumptions, data, relevant calculations, and conclusion within 30 days of delivery of this reported and should immediately notify us of any questions or errors. 7. The market value reported herein assumes that all taxes and assessments have been paid and assumes a fee simple interest unless otherwise reported. The body of the report will define the interest appraised if it differs. 794 General Assumptions and Limiting Conditions 4 8. Neither all nor any part of the contents of this report (especially any conclusions, the identity of the appraiser or the firm with which he is connected, or any reference to the Appraisal Institute or any of its designations) shall be disseminated to the public through advertising media, public relations media, news media, sales media or any other public means of communication without our prior written consent and approval. 9. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render it more or less valuable. The appraiser assumes no responsibility for such conditions or the engineering which might be required to discover these factors. 10. Our opinion of value was based on the assumption of competent marketing and management regarding the property. If there is no competent marketing and management, then the market value opinion herein may not apply. 11. Typically, the best indication of site size and boundaries is a boundary survey. We were not provided a boundary survey. The Market Value estimate reported herein was based on the Subject Property containing 0.2114 acres or 9,208 square feet as indicated by the Palm Beach County Property Appraiser. If a survey of the Subject Property results in a significantly different site size, this appraisal may be subject to revision. 795 General Assumptions and Limiting Conditions 5 LIMITING CONDITIONS 1. No hypothetical conditions are a part of this appraisal. 2. No extraordinary assumptions are part of this appraisal. 3. Unless otherwise stated in this report, the existence of hazardous substances, including without limitation stachybotrys chartarum (mold), asbestos, polychlorinated biphenyls, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, or other environmental conditions. The appraisers have no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraisers, however, are not qualified to test for such substances or conditions. If the presence of such substances, such as asbestos, urea formaldehyde foam insulation, or other hazardous substances or environmental conditions, may affect the value of the property, the value estimated is predicated on the assumption that there is no such proximity thereto that would cause a loss in value. We are unaware of very wet conditions that may have existed for days or weeks which are required to grow mold. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. 4. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the appraisers have no direct evidence relating to this issue, possible noncompliance with the requirements of ADA in estimating the value of the property has not been considered. 796 Subject Photos 6 AERIAL VIEWS OF THE SUBJECT PROPERTY 797 Subject Photos 7 SOUTHWEST VIEW OF THE SUBJECT PROPERTY FROM THE CORNER OF NORTH FEDERAL HIGHWAY AND MARTIN LUTHER KING JR. BOULEVARD NORTHWEST VIEW OF THE SUBJECT PROPERTY FROM NORTH FEDERAL HIGHWAY 798 Subject Photos 8 NORTHEAST VIEW OF THE SUBJECT PROPERTY FROM THE FLORIDA EAST COAST RAILROAD NORTHEAST VIEW FROM THE SOUTHWEST CORNER OF THE SUBJECT PROPERTY 799 Subject Photos 9 NORTHWEST VIEW FROM THE SOUTHEAST CORNER OF THE SUBJECT PROPERTY SOUTHEAST VIEW OF THE SUBJECT PROPERTY FROM MARTIN LUTHER KING, JR. BOULEVARD 800 Subject Photos 10 NORTHWEST VIEW OF THE SUBJECT BUILDING SOUTHWEST VIEW OF THE SUBJECT BUILDING 801 Definition of the Appraisal Problem 11 DEFINITION OF THE APPRAISAL PROBLEM Purpose, Date of Value, and Interest Appraised The purpose of this investigation and analysis was to provide our opinion of the Market Value of the Fee Simple Estate of the Subject Property as of April 18, 2024. Intended Use and User of Appraisal This report has been prepared for our client and intended user, Boynton Beach Community Redevelopment Agency. The intended use is to assist the client for internal purposes. The scope of work performed is specific to the needs of the intended user and the intended use. No other use is intended, and the scope of work may not be appropriate for other uses. Market Value "As defined in the Agencies’ appraisal regulations, the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: a. Buyer and seller are typically motivated; b. Both parties are well informed or well advised, and acting in what they consider their own best interests; c. A reasonable time is allowed for exposure in the open market; d. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and e. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." Source: The Interagency Appraisal and Evaluation Guidelines, Federal Register, Volume 75, No. 237, December 10, 2010, Pgs. 61-62. 802 Definition of the Appraisal Problem 12 Legal Description The Subject Property is also described as Palm Beach County Property Appraiser Folio Number 08-43-45-21-32-001-0010. Source: Warranty Deed dated May 15, 2002 recorded in Palm Beach County Official Records Book 13742, Page 1376 and the Palm Beach County Property Appraiser. Fee Simple Estate The Dictionary of Real Estate Appraisal, Seventh Edition 2022, by the Appraisal Institute, defines Fee Simple Estate on page 73 as follows: "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat." Exposure Time The Dictionary of Real Estate Appraisal, Seventh Edition 2022, by the Appraisal Institute, defines Exposure Time on pages 67 - 68 as follows: 1. “The time a property remains on the market.” 2. “An opinion, based on supporting market data, of the length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal.” There is a requirement under Standard Two to report exposure time according to the latest USPAP publication. “Exposure Time” is different for various types of property under different market conditions. We have reviewed the exposure time on the sales contained in the Sales Comparison Approach in this appraisal. Based on that data and the current market, it is our opinion that the Subject Property would have had an exposure time of approximately 12 months or less. 803 Definition of the Appraisal Problem 13 Marketing Time The Dictionary of Real Estate Appraisal, Seventh Edition 2022, by the Appraisal Institute, defines Marketing Time on page 116 as follows: “An opinion of the amount of time to sell a property interest at the concluded market value or at a benchmark price during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time, which precedes the effective date of an appraisal.” “Advisory Opinion 7 of the Appraisal Standards Board of The Appraisal Foundation and Statement on Appraisal Standards No. 6, “Reasonable Exposure Time in Real Property and Personal Property Market Value Opinions” address the determination of reasonable exposure and marketing time.” We have reviewed the marketing time on the sales contained in the Sales Comparison Approach in this appraisal, as well as other sales and current listings in the market. As in most markets, properties which are priced competitively and are professionally marketed will sell quicker than those which have higher or above market asking prices. It is our opinion that the Subject Property would have had a marketing period of 12 months or less. 804 Scope of Work 14 SCOPE OF WORK According to the 15th Edition of The Appraisal of Real Estate, page 75, “In the valuation process, the identification of the assignment elements leads directly into the determination of the scope of work of an assignment, i.e., the type and extent of research needed to solve a appraisal problem. Professional valuation standards place the responsibility for determining the appropriate scope of work in an appraisal assignment squarely on the shoulders of the appraiser. The scope of work for an assignment is acceptable if it leads to credible assignment results, is consistent with the expectations of parties who are regularly intended users for similar assignments and is consistent with what the actions of an appraiser’s peers would be in the same or a similar assignment. The first step in the appraisal process is the identification of the appraisal problem which included the purpose and date of value, determining the interest being appraised, intended use and user of the appraisal, and identifying the real estate (legal description). This step also determines if the appraisal were subject to any extraordinary assumptions or hypothetical conditions. The next step involved inspections of the Subject Property in April 2024 by Joe M. Merritt. The inspection allowed us to understand the physical components of the Subject Property. In addition to the inspection of the Subject Property, we also began the data-collection process and, subsequently, an analysis of the factors that affect the market value of the Subject Property, including property data analysis. We gathered and reviewed information from our Client, the City of Boynton Beach Planning and Zoning Department, the Palm Beach County Property Appraiser’s Office and interviews with brokers and other market participants to understand and describe the Subject Property and its surroundings. The third step in the process was to determine the Highest and Best Use of the Subject Property. Through the Highest and Best Use analysis, we determined the issues that have an effect on the final opinion of value. To determine the Highest and Best Use, we relied on information obtained from the data-collection process. The fourth step was the application of the appropriate approaches to value. Three conventional approaches to value are typically utilized in the valuation of real estate. They are the Cost, Sales Comparison and Income Capitalization Approaches. No approaches were specifically omitted from this appraisal by the client. 805 Scope of Work 15 The Subject Property is improved with a 364-square foot building used as a walk-up restaurant for many years. Most of the site is asphalt paved for access and parking. The building, which was constructed in 1959, is 65 years old. In our opinion, the vast majority of value for the Subject is in its land and the current improvements do not represent the Highest and Best Use of the property, however they do contribute somewhat to the overall value of the land. Therefore, our approach to valuing the Subject will be the Sales Comparison Approach considering both vacant commercial properties and commercial properties improved with older buildings where the majority of their value is in the underlying land with a Highest and Best Use for commercial redevelopment. The sales will be analyzed on a price per square foot of land area basis. During this process, the value contribution of the existing improvements will be considered. 806 Neighborhood Data 16 NEIGHBORHOOD DATA The relationship of the Subject Property with surrounding properties forms the basis of neighborhood analysis. The Appraisal of Real Estate, 15th Edition on page 141 states: “The boundaries of market areas, neighborhoods, and districts identify the areas that influence a subject property’s value. These boundaries may coincide with observable changes in land use or demographic characteristics. Physical features such as structure types, street patterns, terrain, vegetation, and lot sizes help to identify land use districts. Transportation arteries (highways, major streets, and railroads), bodies of water (rivers, lakes, and streams), and changing elevation (hills, mountains, cliffs, and valleys) can also be significant boundaries.” Neighborhood Map The Subject neighborhood is considered to include the eastern portion of the City of Boynton Beach bounded on the north by the Boynton Canal (C-16), on the south by Woolbright Road (SW 15th Avenue), on the east by the Intracoastal Waterway and on the west by Interstate 95. 807 Neighborhood Data 17 The primary north/south traffic arteries through the neighborhood include Federal Highway (U.S. Highway 1), Seacrest Boulevard and Interstate 95. Interstate 95 is the principal north/south commuter route along the east coast of Florida. U.S. Highway 1, commonly known as Federal Highway in southern Palm Beach County, also spans the length of Florida’s East Coast. Seacrest Boulevard, which extends through the center of the neighborhood, is a 4-laned intercity connector joining Boynton Beach with Hypoluxo to the north and Delray Beach to the south. The major east/west traffic arteries in the neighborhood are Boynton Beach Boulevard (State Road 804) and Woolbright Road. Both thoroughfares have interchanges with Interstate 95. Boynton Beach Boulevard extends westerly to U.S. Highway 441 (State Road 7) and provides access to Florida's Turnpike. Boynton Beach Boulevard effectively ends at North Federal Highway. Ocean Avenue, which is located two blocks south of Boynton Beach Boulevard, is Boynton's Main Street. The Ocean Avenue Intracoastal Waterway Bridge provides convenient access to the Town of Ocean Ridge, State Road A-1-A and area beaches. Woolbright Road also has a relatively high bridge that provides access to State Road A-1-A and area beaches as well. Boynton Beach has historically been considered a retirement-oriented community. However, the city has grown rapidly over the past several years and the average age of the population has decreased. The Subject neighborhood is nearly 100% built out and has a mixed housing composition, consisting of older single family (some built as early as the 1920’s) and multifamily. Commercial development is concentrated along the major thoroughfares previously discussed and consists of a mixture of commercial, retail, restaurant and retail buildings. Most of the commercial type properties within the Subject’s immediate area are retail in nature. Like its sister cities of Delray Beach, West Palm Beach and Lake Worth, officials of Boynton Beach have realized that downtown Boynton Beach could be a major asset to the city and a redevelopment effort is underway. All the above cities have had government led redevelopment of their respective downtowns. As a result, property values increased in these areas. Boynton Beach seeks to mirror this success in their city. The City of Boynton Beach started its redevelopment plan of the downtown area with the Promenade Parke and the Marina Village mixed use project. These projects include a marina with boat slips, condominium apartments, street-level commercial and retail shops, a parking garage and boardwalks through the mangroves to the Intracoastal Waterway. Marina Village was completed in 2006 while another large-scale mixed-use project called Casa Costa was completed in 2008 at the northeast corner of East Boynton Beach Boulevard and North Federal Highway. This project added an additional 393 condominium apartment units and street-level retail space to the area. 808 Neighborhood Data 18 Construction was completed in 2017 on a new mixed-use project called 500 Ocean located on the southwest corner of Federal Highway and Ocean Avenue. This project includes 341 luxury rental apartments, 13,300 square feet of retail, 6,600 square feet of retail space and a 664-space integrated parking garage. The City of Boynton Beach redevelopment agency's board agreed to provide funding of $4.4 million over a 10-year period after project completion, using taxes created by the project. There has been a significant amount of recent market activity involving developers assembling multiple parcels of land for future mixed-use development. Most of these assemblages are improved with old buildings that have reached the end of their economic lives. Several large mixed-use projects in the Federal Highway/Ocean Avenue area have already been approved or going through the approval process. One of these projects called Legacy at Boynton Beach recently completed the land clearing stage and will include an 8-story building with 274 dwelling units and 12,422 square feet of commercial space on a 2.76-acre site on the east side of South Federal Highway just south of East Ocean Avenue. Another large mixed-use project called One Ocean Way is planned for the two blocks on the east and west sides of North Federal Highway between East Boynton Beach Boulevard and East Ocean Avenue. The City of Boynton Beach and the surrounding area enjoy good community services. Bethesda Memorial Hospital is located on Seacrest Boulevard. Other medical facilities and nursing homes are within a short distance. There are several churches representing all major denominations within the city limits. The Subject neighborhood has excellent access to public elementary, junior high, and high schools in Boynton Beach, as well as a variety of private and church supported schools in the area. All municipal services, including police and fire protection, public library facilities, garbage and trash collection, are available to most properties within the neighborhood from either the City of Boynton Beach or Palm Beach County. Conclusion The Subject neighborhood is an established area of the City of Boynton Beach along the heavily traveled South Federal Highway with new and redevelopment projects underway since the mid-2000s. The upper end of the value range in this neighborhood are properties that have frontage on the Intracoastal Waterway. There has been a recent surge in market activity involving developers assembling parcels of land for mixed use development in the downtown area. This redevelopment will be at a significantly higher overall density, which will increase the population. The long-term outlook for the neighborhood is positive as it is an established area with a strong population base that continues to undergo revitalization. 809 Property Data 19 PROPERTY DATA Location The Subject Property is located on the southwest corner of North Federal Highway and Martin Luther King Jr. Boulevard in the City of Boynton Beach, Palm Beach County, Florida. The property address is 1017 North Federal Highway, Boynton Beach, FL 33435. Subject Property Location Map Zoning The Subject Property is zoned C-4, General Commercial District, by the City of Boynton Beach. The purpose of the C-4 zoning district is to implement the general commercial (GC) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to accommodate service and intensive commercial establishments and limited light industrial uses, and to serve as a transitional area between lighter commercial areas and general industrial uses or operations. The C-4 building/site regulations are shown on the following page. 810 Property Data 20 Land-Use Plan The Subject Property is designated GC, General Commercial, by the City of Boynton Beach Future Land Use Plan, which is consistent with the current zoning. Site Size, Shape and Access The Subject Property has a nearly rectangular shape and contains 0.2114 acres or 9,208 square feet according to the Palm Beach County Property Appraiser. Access to the site is provided by East Dr. Martin Luther King Jr. Boulevard, which extends along the northern boundary of the site. The site has frontage on, but no direct access to North Federal Highway, which extends along the east boundary of the site. The intersection of East Dr. Martin Luther King Jr. Boulevard and North Federal Highway is signalized. 811 Property Data 21 Easements and Deed Restrictions We were not provided with a title search or a survey of the Subject Property. Based upon our on-site inspection and review of the Palm Beach County Public Records, there are no obvious atypical easements or deed restrictions. Utilities All public utilities are available to the Subject Property. Water and sewer service is provided by the City of Boynton Beach, electricity by Florida Power & Light and telephone by numerous providers. Topography The Subject site is level and at the approximate grade of the surrounding lands and adjacent street improvements. It is all upland and useable with a sandy soil type that is suitable for a wide variety of uses. 812 Property Data 22 Census Tract The Subject Property lies within Palm Beach County Census Tract 0061.00. Flood Hazard Zone 813 Property Data 23 Assessed Value and Taxes The 2023 assessed value and taxes for the Subject Property were as follows: 2023 2023 Folio Number Land Improvements Total Taxable Value Taxes 08-43-45-21-32-001-0010 $265,881 $29,844 $295,725 $243,599 $5,799.11 2023 Market Value According to the Palm Beach County Tax Collector, the 2023 taxes were paid on November 7, 2023 in the amount of $5,567.15, which included a 4% early-payment discount. There are no delinquent taxes indicated from previous years. Property History The Subject Property has been under the ownership of Maria Luisa Barrera and Lucila Barrera for more than five years. It is currently being operated as a walk-up restaurant. To our knowledge, the Subject Property was not listed for sale or under contract as of the appraisal date. Improvements The Subject Property is improved with a 364-square foot building used as a walk-up restaurant for many years. Most of the site is asphalt paved for access and parking. The building, which was constructed in 1959, is 65 years old. It is our opinion that these improvements are underutilization of the site and do not represent the Highest and Best Use of the property. Therefore, they are not further described. However, the value contribution of these improvements as an interim use until redevelopment occurs was considered in the following Sales Comparison Approach. 814 Highest and Best Use 24 HIGHEST AND BEST USE The Dictionary of Real Estate Appraisal, Seventh Edition 2022, by the Appraisal Institute defines Highest and Best Use on pages 88 - 89 as follows: “The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity." To estimate the Highest and Best Use of the Subject, we have considered those uses which are legally permissible, physically possible, financially feasible, and maximally productive. Consideration was given to individual features of the land such as size, shape, location, access to roadways, and the availability of utilities. Consideration was also given to the surrounding land uses and the demand for property in the current real estate market. Conclusion – As Vacant It is our opinion that the Highest and Best Use of the Subject Property as if vacant would be for future commercial redevelopment. The reasons for this conclusion are as follows: 1. The Subject Property is zoned C-4, General Commercial District, by the City of Boynton Beach. The purpose of the C-4 zoning district is to implement the general commercial (GC) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to accommodate service and intensive commercial establishments and limited light industrial uses, and to serve as a transitional area between lighter commercial areas and general industrial uses or operations. The Subject Property is designated GC, General Commercial, by the City of Boynton Beach Future Land Use Plan, which is consistent with the current zoning. 2. The Subject Property is physically suitable for commercial redevelopment. The site is all upland and useable with a sandy soil type that is suitable for a wide variety of uses. It is located in an area that is ripe for redevelopment and is physically suitable for commercial redevelopment being larger than the minimum site size of 5,000 square feet. It is also possible for the property to be assembled with adjacent sites to accommodate a larger redevelopment project. 815 Highest and Best Use 25 3. As can be seen in the following Sales Comparison Approach, the market has been recently active for properties similar to the Subject located east of Interstate 95 along Federal Highway, Boynton Beach Boulevard and Ocean Avenue in the City of Boynton Beach. We anticipate that the Subject and the surrounding properties will eventually be redeveloped in accordance with the current zoning and future land use plan regulations. Values appear to be stable. This trend is expected to continue during the near future and values will most likely increase as the supply of redevelopment properties becomes more scarce. 4. Therefore, when the above reasons exist, future commercial redevelopment is the Highest and Best Use, and Maximally Productive Use of the Subject Property as vacant. Highest and Best Use - As Improved The Subject Property is improved with a 364-square foot building used as a walk-up restaurant for many years. Most of the site is asphalt paved for access and parking. The building, which was constructed in 1959, is 65 years old. In our opinion, the vast majority of value for the Subject is in its land and the current improvements do not represent the Highest and Best Use of the property, however they do contribute somewhat to the overall value of the land. We should note that the majority of the site is open paved area and the site currently has a land to building ratio of 25.30 to 1, which equals a floor area ratio of 0.04. The current C-4 zoning would allow the site to be redeveloped with a significantly larger building with a maximum building height of 45 feet and up to a maximum floor area of 0.50, which equals a 2.00 to 1. Based on this maximum floor area ratio, the site has the potential to be redeveloped with a 4,604 square foot building. The existing improvements have been leased in the past and have the ability to produce interim rental income to help off-set holding costs until commercial redevelopment is occurs. Therefore, considering the above, it is our opinion that the Highest and Best Use of the Subject Property is for interim commercial use and future commercial redevelopment. 816 Sales Comparison Approach 26 SALES COMPARISON APPROACH The Dictionary of Real Estate Appraisal, Seventh Edition 2022, by the Appraisal Institute defines Sales Comparison Approach on page 170 as follows: "The process of deriving a value indication for the subject property by comparing sales of similar properties to the property being appraised, identifying appropriate units of comparison, and making adjustments to the sale prices (or unit prices, as appropriate) of the comparable properties based on relevant, market-derived elements of comparison. The sales comparison approach may be used to value improved properties, vacant land, or land being considered as though vacant when an adequate supply of comparable sales is available." The Subject Property is improved with a 364-square foot building used as a walk-up restaurant for many years. Most of the site is asphalt paved for access and parking. The building, which was constructed in 1959, is 65 years old. In our opinion, the vast majority of value for the Subject is in its land and the current improvements do not represent the Highest and Best Use of the property, however they do contribute somewhat to the overall value of the land. Therefore, our approach to valuing the Subject will be the Sales Comparison Approach considering both vacant commercial properties and commercial properties improved with older buildings where the majority of their value is in the underlying land with a Highest and Best Use for commercial redevelopment. The sales will be analyzed on a price per square foot of land area basis. During this process, the value contribution of the existing improvements will be considered. In order to estimate the Market Value of the Subject Property by the Sales Comparison Approach, a search was made for recent sales of commercial properties located on Federal Highway and Boynton Beach Boulevard in the City of Boynton Beach. We also searched for current listings of this property type. The comparables that were considered to be most suitable for direct comparison to the Subject are summarized, described and discussed on the following pages. All of the comparables were considered with regard to property rights appraised, financing, conditions of sale, time or changes in market conditions, location, land size, site quality, zoning/future land use and building value contribution. 817 Sales Comparison Approach 27 Discussion of Boynton Beach Commercial Land Sales Our search revealed three closed sales, one current contract and one current listing of commercial properties located in the City of Boynton Beach that were considered to be suitable for direct comparison to the Subject Property. As shown below, the comparable sales indicated non-adjusted values ranging from $48.57 to $70.53 per square foot of land area. Contract 1 indicated a non-adjusted value within this range at $60.33 per square foot. Listing 6 indicated a non-adjusted value of $88.73 per square foot. Sale Number Subject 1 2 3 4 5 ORBK/PG Contract 34963/1757 34373/722 34260/332 Listing Grantor Maria Luisa Barrera and Lucila Barrera Yellowbeard, Inc 1111 S. Federal Hwy Development, LLC Boynton East, LLC MJ Jackson Holdings, LLC LG Import Export, Inc. Grantee N/A Boynton Beach Community Redevelopment Agency Boynton Beach Community Redevelopment Agency Boynton Beach Community Redevelopment Agency Boynton Beach Square, LLC N/A Sale/Listing Price N/A $1,000,000 $870,000 $1,200,000 $1,600,000 $1,250,000 Size - Acres 0.21 0.38 0.35 0.57 0.52 0.32 Size - Sq.Ft.9,208 16,575 15,459 24,707 22,686 14,087 Price Per Sq.Ft.$60.33 $56.28 $48.57 $70.53 $88.73 Building Sq.Ft.364 2,049 N/A N/A N/A 887 Building Year Built 1959 1938 N/A N/A N/A 1957 Location 1017 North Federal Highway 1022 North Federal Highway 1111 South Federal Highway 433 West Boynton Beach Boulevard 1320 South Federal Highway 724 North Federal Highway City Boynton Beach Boynton Beach Boynton Beach Boynton Beach Boynton Beach Boynton Beach Property Control Numbers 08-43-45-21-32-001-0010 08-43-45-21-32-003-0200 08-43-45-28-24-000-0120 08-43-45-21-15-000-0830 08-43-45-27-05-000-0021 08-43-45-27-05-000-0021 Date of Sale/Listing N/A May-24 Apr-24 Jun-23 Apr-23 Apr-24 Zoning C-4 C-4 C-3 C-2 MU-1 C-4 Future Land Use Plan GC GC LRC LRC MXL GC Conditions of Sale 0%0%0%0%-25% Market Condition Adj.0%0%0%0%0% Adjusted Price Per Sq.Ft.$60.33 $56.28 $48.57 $70.53 $66.55 Physical Adjustments Location 0%0%10%0%0% Land Size 0%0%0%0%0% Site Quality 0%0%0%0%0% Zoning/Future Land Use Plan 0%0%0%-20%0% Building Improvements 5%5%5%5%0% Total Physical Adjustment 5%5%15%-15%0% Adjusted Price Per Sq.Ft.$63.35 $59.09 $55.85 $59.95 $66.55 Sales All Low $55.85 $55.85 High $63.35 $66.55 Average $59.56 $60.96 Boynton Beach Commercial Land Sales Callaway & Price, Inc. #24-85528 818 Sales Comparison Approach 28 BOYNTON BEACH COMMERCIAL LAND SALES MAP 819 Sales Comparison Approach 29 Contract 1 Sale 2 820 Sales Comparison Approach 30 Sale 3 Sale 4 821 Sales Comparison Approach 31 Listing 5 822 Sales Comparison Approach 32 Property Rights Transferred All of the comparable sales in this analysis involved ownership transfer on a Fee Simple Estate basis, with the buyers receiving full property rights. We are also unaware of any adverse deed restrictions or any other property rights limitations which would have affected the sales. Therefore, no adjustments were necessary for property rights transferred. Terms of Financing The transaction price of one property may differ from that of a similar property due to atypical financing arrangements. In a case where favorable financing is established, a cash equivalency adjustment is often necessary. However, all of the comparable sales analyzed herein involved either market financing terms or cash to the Grantor. Therefore, no terms of financing adjustments were made, nor any cash equivalency performed. Conditions of Sale Adjustments for conditions of sale usually reflect the motivations of the buyer and seller at the time of conveyance. Within the confirmation process, detailed attention was made to ensure the conditions of each sale. All of the comparables were considered arm's length, took place under typical market conditions and required no adjustments for conditions of sales. Listing 5 received a downward conditions of sale adjustment because it is typical for properties to sell for less than the listing price. Time or Changes in Market Conditions Market conditions generally change over time and may be caused by inflation, deflation, fluctuations in supply and demand, or other factors. The sales occurred from April 2023 to the April 2024 with the listing being current as of the appraisal date. Contract 1 is expected to close on or before May 30, 2024. The available market data indicates that values for this property type were stable during the time period that the sales occurred and no adjustments were made for time or changes in market conditions. Location The Subject Property is considered to have a good location for commercial redevelopment. The majority of the comparables are located east of Interstate 95 on Federal Highway in the City of Boynton Beach and are considered to have generally similar locations compared to the Subject. Sale 3, which is located west of Federal Highway on Boynton Beach Boulevard, was considered to have an inferior location compared to the Subject and it received an upward adjustment for this factor. 823 Sales Comparison Approach 33 Land Size The Subject Property contains 0.21 acres. The comparables are similar to the Subject in size ranging from 0.35 to 0.57 acres. The available market data indicated no adjustment for this amount of variance in size and therefore, no size adjustments were made. Site Quality The Subject Property is considered to have a good overall site quality being level, all upland and useable. All of the comparables have generally similar overall site qualities compared to the Subject and no site quality adjustments were necessary. Zoning/Future Land Use The Subject Property is zoned C-4, General Commercial, with a future land use plan designation of GC, General Commercial. Comparables 1, 2, 3 and 5 have zoning and future land use plan designations similar to the Subject. Sale 4, which has more flexible zoning and future land use plan designations allowing a mixture of uses, received a downward adjustment for this factor. Building Improvements The Subject Property is improved with a 65-year old building containing 364 square feet and asphalt paving for access and parking. In our opinion, the vast majority of the value for the Subject is in its land and the current improvements do not represent the Highest and Best Use of the site. However, they do contribute somewhat to the overall value of the land because they can produce rental income to help off-set holding costs until redevelopment occurs. Contract 1 is currently improved with an 86-year old building containing 2,049 square feet. Considering that this building has not been used recently and is planned for demolition, the property was considered to be vacant for valuation purposes. Sales 2, 3 and 4 are vacant with no building improvements. Therefore, Comparables 1, 2, 3 and 4 received upward adjustments for being vacant and to account for the value contribution of the Subject’s improvements. Listing 5 has a small building generally similar to the Subject’s and it was not adjusted. 824 Sales Comparison Approach 34 Conclusion As can be seen on the comparable sales chart displayed earlier, the sales/contract (1, 2, 3 and 4) indicated an adjusted range from $55.85 to $63.35 per square foot of land area, with an average of $59.56 per square foot. Listing 5 indicated an adjusted value slightly above the range of the sales of $66.55 per square foot. Based on the available market data, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property as of April 18, 2024 was approximately $60.00 to $62.00 per square foot of land area or $560,000 calculated as follows: 9,208 Land Sq.Ft.X $60.00 Per Sq.Ft.=$552,480 9,208 Land Sq.Ft.X $62.00 Per Sq.Ft.=$570,896 Say,=$560,000 825 ADDENDA 826 ENGAGEMENT LETTER 827 828 829 830 831 832 833 834 QUALIFICATIONS 835 Qualifications – Stephen D. Shaw, MAI, AI-GRS Professional Designations\Licenses\Certifications Member, Appraisal Institute, MAI Designation #10461 Member, Appraisal Institute, AI-GRS State-certified general real estate appraiser RZ1192 Florida State Licensed Real Estate Salesman 0495422 Professional Experience Principal, Callaway & Price, Inc., since January 1999 Senior Appraisal Consultant, Callaway & Price, Inc., since July 1997 – December 1998 Appraisal Consultant, Callaway & Price, Inc., since April 1994 Associate Appraiser, Pinel & Carpenter, Inc., Orlando, April 1992 - March 1994 Appraiser/Researcher, Callaway & Price, Inc., September 1987 - March 1992 Special Magistrate Palm Beach County 1996-2012 Special Magistrate, Martin County, 2009 Qualified as an Expert Witness Palm Beach County, Florida Martin County, Florida Broward County, Florida Sarasota County, Florida Miami-Dade County, Florida Education Bachelor of Science Degree, Business Administration, Major in Real Estate and Finance, University of Florida Appraisal Institute: Course 101 - An Introduction to Appraising Real Property, 1992 Course 201 - Principles of Income Producing Properties, 1991 Course 2-1 - Case Studies in Real Estate Valuation, 1992 Course 540 - Report Writing and Valuation Analysis, 1993 Course 2-3 - Standards of Professional Practice Parts A & B, 1991 Review Theory - General Numerous seminars sponsored by the Appraisal Institute Appraising\Consulting Expertise Acreage Medical Office Sites ACLFs Surgery Centers Apartment Complexes Self-Storage Facilities Automotive Service Facilities Office Buildings Bowling Alleys Office/Warehouses Commercial Buildings Retail Buildings Condominium Projects Restaurants Eminent Domain Special Purpose Properties Golf Courses Shopping Centers Hospitals Vacant Commercial Land Hotels Vacant Industrial Land Marinas Vacant Multifamily Pods Medical Office Buildings Vacant Residential Land Medical Office Condominiums Vacant Single-Family Subdivisions Medical Campus Sites Warehouses 836 Qualifications – Stephen D. Shaw, MAI, AI-GRS Organizations and Affiliations Appraisal Institute: Experience Review Committee Ethics & Counseling Committee South Florida Chapter Board of Directors Business Development Board Palm Beach County, Member 837 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONFLORIDA REAL ESTATE APPRAISAL BDTHE CERTIFIED GENERAL APPRAISER HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 475, FLORIDA STATUTESSHAW, STEPHEN DAYDo not alter this document in any form.1639 FORUM PLACELICENSE NUMBER: RZ1192EXPIRATION DATE: NOVEMBER 30, 2024This is your license. It is unlawful for anyone other than the licensee to use this document.SUITE 5WEST PALM BEACH FL 33401Always verify licenses online at MyFloridaLicense.com838 Qualifications – Joe M. Merritt Professional Designations\Licenses\Certifications State-certified general real estate appraiser RZ672 Professional Experience Staff Appraiser, First Federal Savings & Loan Association of Delray Beach, 1977-1982 Associate Appraiser, Callaway & Price, Inc., since September 1982 Qualified As An Expert Witness Circuit Court of Palm Beach County, Florida Education Florida Real Estate Commission, Course 1, 1977 Appraisal Institute: Course 101 - An Introduction to Appraising Real Property, 1978 Course 201 - Principles of Income Property Appraising, 1978 Narrative Report Writing Seminar & R-2 Examination, 1978 Course 1A-1 - Real Estate Appraisal Principles, 1987 Course 1A-2 - Basic Valuation Procedures, 1987 USPAP Core Law for Appraisers, 1994 Appraisal Review, 1994 Numerous Continuing Education Courses and Seminars by: Appraisal Institute Gold Coast Professional Schools Bert Rodgers Schools McKissock Appraisal School South Florida Water Management District Appraising\Consulting Expertise Agricultural Land Marinas Automobile Dealerships Office Buildings Civic Sites Regional Malls Commercial Buildings Retail Buildings Condominium Projects Self Storage Facilities Eminent Domain Shopping Centers Environmentally Sensitive Lands Sovereignty Submerged Land Gas Stations/Convenience Stores Special Purpose Properties Golf Courses Commercial Land Market/Feasibility Studies Industrial Land Warehouses Residential Land 839 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONFLORIDA REAL ESTATE APPRAISAL BDTHE CERTIFIED GENERAL APPRAISER HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 475, FLORIDA STATUTESMERRITT, JOE MDo not alter this document in any form.509 CHAPEL HILL BLVDLICENSE NUMBER: RZ672EXPIRATION DATE: NOVEMBER 30, 2024This is your license. It is unlawful for anyone other than the licensee to use this document.BOYNTON BEACH FL 33435Always verify licenses online at MyFloridaLicense.com840 1 CRA Advisory Board Meeting Thursday, May 2, 2024 - 6:30 PM City Hall Chambers, 100 E. Ocean Avenue 561-737-3256 1. Call to Order Vice Chair McQuire called the meeting to order at 6:43 PM. 2. Pledge of Allegiance Vice Chair McQuire asked the board to stand for the Pledge of Allegiance. 3. Roll Call Members Present: Courtlandt McQuire (Vice Chair) Lesha Roundtree Chevette Gadson Alexandria Lopresto Staff: Tim Tack, Acting CRA Executive Director Vicki Curfman, Administrative Assistant Leslie Harmon, Prototype, Inc. 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda None. B. Adoption of Agenda Motion: Ms. Lopresto moved to adopt the agenda. Ms. Gadson seconded the motion. In a voice vote, the motion passed unanimously. 5. Public Comment 841 2 Mr. William Pie asked the Board to look into the rebuilding the fishing pier. 6. Consent A. CRA Advisory Board Meeting Minutes – April 4, 2024 Motion: Ms. Lopresto moved to approve the April 4, 2024, minutes. Ms. Gadson seconded the motion. In a voice vote, the motion passed unanimously. 7. Assignments A. Pending Assignment No. 1 - Discussion and Consideration of New Assignments from the CRA Board assigned at the February 13, 2024, CRA Monthly Board Meeting Mr. Tack reminded the Board of their first assignment to review the Federal Highway Corridor. Vice Chair McQuire noted the 2016 Plan was not as outdated as originally anticiapted. He discussed the flood zone location, parks, attracking businesses, and Tri Rail system. Mr. Tack noted original discussions about the location the Brightline hub. He reminded the Board its about goals and objectives. Vice Chair McQuire continued discussion about Brightline, importance of community input, enhacing streetscapes, street parking, and rideshares. Mr. Tack described the Circuit rideshare pilot program, which was sponsored by the CRA. Ms. Roundtree noted the creation of a greenway along SE 4th Street as per the Connectivity Plan, as stated on Page 99. Discussion ensued about the greenway. Vice Chair McQuire spoke about property values, affordability, and urban design guidelines. Ms. Roundtree appreciated the vision for Federal Highway but observed that it did not appear to function as a gateway. She suggested that it needed to evolve into a destination, with more sidewalks and street parking. Mr. Tack mentioned that the roadway is owned by the State, with the understanding that the local municipality is responsible for funding additional improvements. Ms. Roundtree proposed that the property east of the railroad track could be transformed into a pleasant greenway, with bike lanes. Additionally, she pointed out the necessity for more downtown destinations and commercial space. 842 3 Mr. Tack stated the primary destination for the Circuit Rideshare Program was the beach, followed by the Marina. Ms. Lopresto suggested enhancing street lighting, citing the potential benefits for businesses operating later into the evening. Mr. Tack mentioned that the Board would be open to considering the optimal use for the 211 East Ocean property, but he emphasized that the CRA did not function as landlords. Ms. Roundtree inquired about opportunities to expand on the water. Mr. Tack confirmed that most of that property was already owned, but he mentioned that the CRA could explore additional options. Vice Chair McQuire summarized that the 2016 Plan remained relevant and required only minor adjustments. He concurred with the suggestion to establish a destination and acknowledged that it lacked significant language to attract businesses. Mr. Tack concurred with the observation regarding the lack of economic development in the area. Vice Chair McQuire summarized the suggestions to discuss at the next meeting: Create a sense of destination Add language to attract business and retail Widen sidewalks and pedestrian areas Create gateway features that incorporate green canopy spaces Explore right-of-way dedications Mr. Tack recommended exploring a gateway entrance. B. Pending Assignment No. 2 - Discussion and Consideration of New Assignments from the CRA Board assigned at the February 13, 2024, CRA Monthly Board Meeting Regarding Property Acquisition Mr. Tack noted the three previous property recommendations would be presented at the May 14th CRA meeting. He introduced a new property opportuynity at 1017 North Federal Highway. Ms. Roundtree noted it was rather small. Vice Chair McQuire asked about the most recent time the CRA closed on a property. Mr. Tack noted approximately two months ago and confirmed the funding rolls over. Ms. Roundtree inquired about the purpose of the property. Mr. Tack suggested it could be mixed use. 843 4 Ms. Lopresto supported the opportunity to purchase for land banking. Vice Chair McQuire agreed. Motion: Ms. Roundtree moved to proceed with a land banking request to the CRA Board for the 1017 North Federal property Ms. Gadson seconded the motion. In a voice vote, the motion passed unanimously. Mr. Tack suggested including this property among the other three currently under consideration by the CRA Board for discussion at their next meeting. Ms. Lopresto inquired about funding to purchase property. Mr. Tack was unaware but reminded the Board price was not part of the consideration. Ms. Lopresto asked about the funding available for property acquisition. Mr. Tack was unsure about the specifics but reminded the Board that the price was not a primary consideration. C. Reports on Pending Assignments None. D. New Assignments None. 8. CRA Board Items for CRA Advisory Board Review and Recommendations A. Old Business None. B. New Business None. 9. Future Agenda Items None. 10. Adjournment There being no further business to discuss, the meeting was adjourned at 7:35 PM. NOTICE 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 844 5 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 WEBSITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRA'S WEBSITE CAN BE OBTAINED FROM THE CRA OFFICE. 845 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 NEW BUSINESS AGENDA ITEM 15.F SUBJECT: Discussion and Consideration of CRA Board Travel to the 2024 International Economic Development Council's (IEDC) Annual Conference SUMMARY: The International Economic Development Council (IEDC) is a non-profit, non-partisan membership organization serving economic developers to promote economic well-being and quality of life for their communities by creating, retaining and expanding jobs that facilitate growth, enhance wealth and provide a stable tax base. Members are employed in a wide variety of settings including local, state, provincial and federal governments, public-private partnerships, chambers of commerce, university and a variety of other institutions. The year's annual conference will be held in Denver, Colorado, on September 15-18, 2024. It is an opportunity to connect with thousands of economic development professionals and learn industry insight from the experts about today's most pressing topics including economic reinvention, community innovation and disaster recovery resiliency. The conference program and more information about the conference can be viewed on their website: https://denver.iedconline.org/https://www.iedconline.org/events/2024/09/15/conferences/2024- annual-conference-in-denver-co/ The member rate to attend the conference is $1,000.00 until July 26, 2024. The CRA would provide reimbursement to the Board Members after the conference for eligible expenses for the conference registration, airfare, hotel, per diem for meals not included in the conference and rental car and/or public transportation. Currently, the second Commission meeting for September is scheduled for Tuesday, September 17, 2024, which is the meeting where the budget will be approved. FISCAL IMPACT: FY 2023-2024 Budget, General Fund, Line Item 01-51010-225 $28,100 CRA BOARD OPTIONS: CRA Board Member attendance to be determined based on discussion and consideration. 846 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 NEW BUSINESS AGENDA ITEM 15.G SUBJECT: Discussion and Consideration of Purchase of 507 NW 12th Avenue - ADDED 07/09/2024 SUMMARY: CRA Staff actively pursues the purchase of properties within the BBCRA District in order to spur redevelopment opportunities in accordance with the 2016 Boynton Beach Community Redevelopment Plan. The property at 507 NW 12th Avenue (Cherry Hill) is located within the Heart of Boynton District (Attachment I). The property is approximately 10,454.4 square feet (0.24 acres) and zoned R2 Duplex (Attachment II). The future development would be Medium Density Residential (MDR). The development potential would allow medium density residential with a maximum density of 11 units per acre and a maximum height of 45'. The CRA has successfully partnered with Habitat for Humanity and the Boynton Beach Faith Based Community Development Corporation in using such infill lots to fulfill its mission of providing affordable housing within the BBCRA Districts. The property is being offered to the BBCRA at $226,000.00 (Attachment III) with the BBCRA to pay all closing costs (including property taxes) with the exception of the Seller's attorneys' fees. A draft Purchase and Sale Agreement is attached for the Board to review the terms (Attachment IV). The Purchase and Sale Agreement has been reviewed by both BBCRA and the Seller's legal counsels. The property was appraised at $300,0000 (Attachment V). The sales price is comparable to the square footage cost of recent CRA acquisitions in the Heart of Boynton District (Attachment VI). This item is being brought before the Board for discussion on the potential purchase of the vacant lot. Due diligence would be performed as part of the purchasing process. FISCAL IMPACT: $226,000.00 plus closing costs. FY 2023-2024 Budget, Project Fund, Line Item 02-58200-401 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Heart of Boynton CRA BOARD OPTIONS: 1. Approve the purchase of 507 NW 12th Avenue in the amount of $226,000.00 and authorize the Board Chair to execute a Purchase and Sale Agreement subject to final legal review. 847 •Attachment I - Heart of Boynton District •Attachment II - PAPA Info & Map-507 NW 12th Avenue •Attachment III - 7.3.24 Email RE confirmed sales price 507 NW 12th Avenue •Attachment IV - Draft Purchase and Sale Agreement-507 NW 12th Avenue •Attachment V - Appraisal 507 NW 12th Avenue •Attachment VI - HOB Comparables-507 NW 12th 2. Do not approve the purchase of 507 NW 12th Avenue. 3. Alternative direction as provided by the CRA Board. ATTACHMENTS: Description 848 105 Heart of Boynton District Introduction Planning Challenges Planning Considerations The Vision Recommendations 849 106D.District PlansIntroduction The Heart of Boynton District is a 380-acre neighborhood developed predominantly with single-family homes. The neighborhood has several parks, two public schools and numerous churches. Unfortunately, it has been the victim of disinvestment over the last 50 years. The two Census blocks of Tract 61 which encompasses this District have the median household income of $20,848, the lowest in the City. To counter the decline of the neighborhood, in 2001 the CRA and City adopted the Heart of Boynton Community Redevelopment Plan. The Plan was updated in 2014 to reflect the achievements of the original plan and add new projects to reflect the current market conditions. A number of recommendations of the original CRA Plan have been implemented, including: • The demolition of the Cherry Hill public housing project • The redevelopment of the Boynton Terrace site – Ocean Breeze West – into 21 single- family homes • Redevelopment of Wilson Park and into Carolyn Sims Community Center • Expansion of the Palmetto Greens Park • Redevelopment of Sara Sims Park – Master Plan created, property acquired • Streetscape Improvements on Seacrest Boulevard • Redevelopment of Martin Luther King, Jr. Boulevard – Property acquired and Family Dollar developed • Development of new housing – 60 new single family homes developed In partnership with nonprofits, the City and CRA. The Heart of Boynton District is bounded by the C. Stanley Weaver (C-Canal) canal to the north, I-95 to the west, N.E. 3rd Avenue to the south and the FEC rail line to the east. The area is within walking distance of the Cultural and Downtown Districts. A major arterial road—Seacrest Boulevard—runs through the neighborhood north/south. Martin Luther King, Jr. Boulevard, once lined with locally-owned businesses, runs east/west. There are two public elementary schools in the neighborhood, Poinciana and Galaxy. Both schools are STEM schools (Science, Technology, Engineering and Math). There are a number of parks and special use areas within the neighborhood, such as, Carolyn Sims Community Center, Galaxy Park and Scrub and Sara Sims Park. 850 107 Boynton Beach Blvd.FEC RailroadSeacrest Blvd.MLK, Jr. Blvd. NE 3rd Ave. NNW 3rd St.NW 6th Ave. NE 11th Ave.NE 3rd St.NE 9th Ave. Figure 57: Heart of Boynton District Location Map 851 108D.District PlansFigure 58: Example of District Planning Challenges Planning Challenges The Heart of Boynton area suffers from an aging and poorly maintained housing stock. The CRA and City, in partnership with local non-profits, continue to develop single-family homes, but there is a need for quality affordable multi-family rental housing. The problem is that—given low median household incomes—it cost more to build even modest apartments than many of the families can afford. This gap will has to be filled through some form of a subsidy. Another major deterrent to private investment is the visible blight and crime. There are still a number of small convenience stores that allow loitering and illegal activities for all to see, discouraging people to buy homes or invest in businesses within the area. The District is comprised of small parcels platted in the 1920’s – 1930’s, during Florida’s land boom. The parcels are owned by many different people making assembly of a developable site very difficult and expensive. Moreover, many owners have an unrealistic sense of the value of their property. Over the years, the neighborhood has lost most of their retailers and service providers. There is no full service grocery store and only one take- out restaurant. The majority of commercial use is represented by convenience stores. A new Family Dollar store at the corner of Martin Luther King, Jr. Boulevard and Seacrest Boulevard has been a welcome addition, but there is a need for more retail services. The neighborhood is bifurcated by a four- lane Seacrest Boulevard, which has only one signalized pedestrian crossing even though there are two elementary schools in the neighborhood. The width of the road and drive aisles encourage speeding through the neighborhood; clearly, the road is not presently designed at a neighborhood scale. Both Seacrest Boulevard and Martin Luther King, Jr. Boulevard have older, ill-maintained power poles with overhead utilities, causing a “visual blight.” 852 109 Planning Considerations Several factors were considered in determining the land use designations for the Heart of Boynton District. A future commuter rail station for the planned Tri- Rail Coastal Link service, which will serve the South Florida metropolitan region, is planned for downtown at N.E. 4th between Ocean Avenue and Boynton Beach Boulevard. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a ½ mile radius around the station’s location, including a portion of the Heart of Boynton. The DTOD district regulations support increased intensity of development through a 25% density bonus. A second consideration is the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of I-95, exempts all development from the Palm Beach County traffic concurrency requirements thus allowing denser development. The Plan recommends increasing density within the area where the TCEA and TOD designations overlap. However, because this District is a low- scale neighborhood, no increase in height over 45’ is recommended. Historic District. There are a significant number of historic cottages located along both sides of NE 3rd Avenue and the south side of NE 4th Avenue between N. Seacrest Boulevard and NE 1st Street. In order to protect these cottages while allowing commercial redevelopment of the south side of NE 3rd Avenue, the Plan recommends that: • The historic cottages from the south side of NE 3rd Avenue be relocated to the vacant lots on the north side of NE 3rd Avenue. • On completion of the relocations, a historic district, tentatively called Shepard Funk Addition Historic Cottage District, be created within the block enclosed by N. Seacrest Boulevard, NE 1st Street, NE 3rd Avenue, and NE 4th Avenue. Figure 59: Historically significant cottages in the HOB 853 110D.District PlansVision The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks. Recommendations: Streetscape Streetscape enhancements are recommended for the Seacrest Blvd and Martin Luther King Jr. Blvd. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Implement a Complete Streets program for Seacrest Boulevard and ML K Jr. Boulevard to accommodate bike lanes and bike racks, widening of sidewalks, decorative street lights, street furniture, and on-street parking. • Marking of major intersections with materials such as pavers, paint, etc. • Enhanced median landscaping • Bus shelters (will be required as part of new construction) • Additional signalized pedestrian crossings (including mid-block) along Seacrest BoulevardAddition of canopy street trees • Creation of a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Minimum 8’ wide clear sidewalk • Decorative light poles at both the vehicular and pedestrian scales • Require installation of canopy trees that provide immediate shading at time of construction • Undergrounding of overhead utilities • Creation of a greenway to connect the greenway proposed along NW 1st Avenue, Sara Sims Park, and Wilson Park per the Connectivity Plan • Creation of an eco-trail to connect the existing scrub and linear parks per the Connectivity Plan 854 111 Figure 60: Seacrest Blvd Streetscape Area Figure 61: MLK JR. Blvd. Streetscape Area Figure 62: MLK JR. Blvd. Street Section 855 112D.District PlansRecommendations: Land Use The existing land use designations within the Heart of Boynton District are: • Low Density Residential – 5 units per acre (all of this land use designation is concentrated on the west side of Seacrest Boulevard. • Medium Density Residential – 10 units per acre (this land use designation is concentrated on the east side of Seacrest Boulevard) • High Density Residential – 11 units per acre (currently over the Ocean Breeze West development and along W. Seacrest from N.W. 8th to N.W. 9th) • Mixed-Use – 40 units per acre (this land use designation is placed on the CRA-owned Ocean Breeze East block and on CRA-owned property along MLK, Jr. Boulevard) • Local Retail Commercial, General Commercial, Industrial, Recreational, and Public & Private Governmental/Institutional Below is a table of the proposed land use and zoning designations that will apply within the Federal Highway Corridor District: Table 7: Recommended Future Land Use (FLU) Classifications within the Heart of Boynton District *Properties located within the TOD may recieve a 25% density bonus * 856 113 Boynton Beach Blvd.Seacrest Blvd.MLK Jr. Blvd.NW 3rd St.NE 3rd St.NW 6th Ave. NE 9th Ave. N LDR MUM MUL MDR HDR GC I R PBG/I Figure 63: Recommended Land Use for the Heart of Boynton District 857 114D.District PlansRecommendations: Urban Design • There are three architectural styles of historic structures in the Heart of Boynton: Mission, Frame Vernacular, and Mediterranean Revival. When building in this District, new development shall attempt to utilize one of these architectural styles. • A Historic Cottage District should be considered adjacent to the proposed Cottage District; where feasible, historically contributing cottages in the area shall be relocated in the Historic Cottage District. • Commercial buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall maximize the amount of glazing. • Residential buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall be designed to have pedestrian access from the main road and have front door facing the main road. • All buildings along MLK Jr., Boulevard and/or Seacrest Boulevard shall be set back to allow for a pedestrian zone. • Approximately 75% of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting MLK Jr., Boulevard shall be a maximum of two story and stepped back to continue to the maximum allowed height in the designated Zoning District. • Parking shall be located to the rear or side of the buildings • Curb cuts shall be permitted on Boynton Beach Blvd only when access is not possible from the rear or side. • When adjacent to commercial uses, single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. Figure 64: Heart of Boynton Projects 858 115 Sara Sims Park Expansion Working with residents of the community, the CRA and its consultant created a master plan for the expansion and improvement of Sara Sims Park. The CRA has also purchased seven properties and deeded them to the City in preparation for the eventual expansion of the park. Staff will review the feasibility of converting a portion of Sara Sims Park Master Plan, along the western boundary, from Recreational Land Use to Single Family. This process shall include a public meeting, the Parks and Recreation Board review and recommendation, and CIty Commision approval. Ocean Breeze East The CRA owns 4.5 acres of vacant land east of Seacrest Boulevard between N.E. 6th and 7th Avenues. The CRA is seeking a private development partner to build a multi-family project on the site. Cottage District The CRA owns approximately 5 acres on the block between N.E. 4th and 5th Avenue. The CRA’s goal for this site is to attract a private development partner to build single-family for-sale homes in the style of the surrounding historic cottages. MLK Commercial Leveraging CRA-owned land and economic development grants, the CRA was able to bring a Family Dollar store to the Martin Luther King, Jr. Boulevard corridor in 2015. The CRA owns additional land on the corridor and continues to work with developers to attract new and needed neighborhood retail. MLK Multi Family Utilizing CRA-owned land, the CRA is seeking to attract a private development partner to build a multi- family development along the Martin Luther King, Jr. Boulevard corridor. The development may include commercial uses. Figure 65: Sara Sims Expansion Figure 66: Ocean Breeze East Figure 67: Cottage District 859 116D.District PlansFigure 68: Example of a Commercial Project on MLK Jr. Blvd. 860 117 Figure 69: Example of Multi Family Project on MLK Jr. Blvd. 861 862 1 Utterback, Theresa From:Michael Gravallese <mikegrav@yahoo.com> Sent:Wednesday, July 3, 2024 1:58 PM To:Utterback, Theresa Cc:Tack, Timothy; Curfman, Vicki; Angela Gravallese; Scott Hoffman Subject:Re: BBCRA Redevelopment Plan - Heart of Boynton District - 507 NW 12th Avenue Attachments:Executed Purchase & Sale Agree - 106 NE 3rd.pdf Follow Up Flag:Follow up Flag Status:Flagged This Message Is From an External Sender This message came from outside your organization. Theresa Thank you for going above and beyond in trying to get this expedited. I wasn't too excited to wait 5 weeks, so this is a huge pleasant surprise, if you can make it happen. As we discussed yesterday, I like to keep my word and since I told you I would sell the lot to the CRA for the same price per sq ft as the other lot the CRA bought on NW 11th st, we would accept the $225,919.58 as a sales price. We do however would request that figure would be NET to us. That being said here is what we are requesting as part of the contract: We would like to use all the previously negotiated verbiage in the last contract we used when we sold the CRA the lot at 103 NE 3 back 5-6 years ago. I have attached that contract for convenience. Of course the dates, purchase price, legal description, PCN, and other property specific information can be changed as needed. We would like our attorney, Scott Hoffman, who is also copied on this e-mail to do the closing. His contact info is below. He did the title work when we purchased the lot recently and I feel it would go a lot faster and smoother if he does the title. Scott W. Hoffman, Esq. Alley, Maass, Rogers & Lindsay, P.A. 340 Royal Poinciana Way Suite 321 Palm Beach, FL 33480 Tel: 561-659-1770 Fax: 561-833-2261 Cell: 561-317-4505 Email:SHoffman@amrl.com 863 2 The net to us would, of course, be exclusive of Scott's attorney's fees to represent us on our side of the transaction, but we would not want to pay any of the closing costs associated with this sale. I don't think that is too much to ask given the value of the land and the agreed sales price. We would like to close in July, or as soon as we can clear title. As I mentioned to you yesterday, we have been presented with another deal that we would like to peruse, and its simply a timing deadline that we will need to meet, and that is at the end of the month. If this is acceptable to the CRA, we would sign the contract as soon as we are presented with the contract with the above terms and conditions incorporated. Thank you and Happy 4th to all Michael Gravallese Lupara LLC On Wednesday, July 3, 2024 at 01:24:55 PM EDT, Utterback, Theresa <utterbackt@bbfl.us> wrote: Hi Mike, I advised Tim of our discussion regarding your property. We spoke to our legal dept. and they advised that we could place this item before the Board on July 9 th. If you have a chance to look over the agreement this weekend and let us know of any changes by Monday, I can get it to legal for review. If legal is ok with the changes you make (if any) we can get a clean version back to you for signature and place it on the July 9, 2024 agenda. This way, if the Board approves the purchase they can sign it the night of the meeting and hopefully we could close by the end of August (assuming title is clear, etc.). We appreciate you working with us. Let me know if this works for you. Have a great 4th. Theresa 864 3 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 law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Utterback, Theresa Sent: Monday, July 1, 2024 1:34 PM To: Michael Gravallese <mikegrav@yahoo.com> Subject: RE: BBCRA Redevelopment Plan - Heart of Boynton District - 507 NW 12th Avenue Hi, Here is the contract from 106 NE 3rd Ave. property. It has the markups in it. From: Utterback, Theresa Sent: Monday, July 1, 2024 1:12 PM To: Michael Gravallese <mikegrav@yahoo.com> Cc: ICE Ang Home <am.grav@yahoo.com>; Tack, Timothy <TackT@bbfl.us> Subject: RE: BBCRA Redevelopment Plan - Heart of Boynton District - 507 NW 12th Avenue Hi, My apologies, see attached. Thank you and I will wait to hear from you. 865 4 Theresa From: Michael Gravallese <mikegrav@yahoo.com> Sent: Monday, July 1, 2024 12:59 PM To: Utterback, Theresa <UtterbackT@bbfl.us> Cc: ICE Ang Home <am.grav@yahoo.com>; Tack, Timothy <TackT@bbfl.us> Subject: Re: BBCRA Redevelopment Plan - Heart of Boynton District - 507 NW 12th Avenue Thank you Let us think about it. We only see the appraisal, not a purchase and sale agreement Thanks Mike Sent from my iPhone On Jul 1, 2024, at 12: 46 PM, Utterback, Theresa <UtterbackT@ bbfl. us> wrote: Good Morning, I received the appraisal ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. ZjQcmQRYFpfptBannerEnd Thank you Let us think about it. We only see the appraisal, not a purchase and sale agreement Thanks Mike Sent from my iPhone 866 5 On Jul 1, 2024, at 12:46 PM, Utterback, Theresa <UtterbackT@bbfl.us> wrote: Good Morning, I received the appraisal on Friday, attached. Pursuant to our telephone conversation I would like to confirm your asking price of $21.61 per square foot ($225,919.58); the same price we paid for the lots on NW 11th Avenue. I have also attached our standard Purchase and Sale Agreement for your review. Let me know your thoughts, looking forward to hearing from you. Theresa Theresa Utterback Development Services Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 <image333587.png> 561-600-9094 | <image407331.png> 561-737-3258 <image186760.png> UtterbackT@bbfl.us | <image352777.png> https://www.boyntonbeachcra.com <image100136.png> <image904175.png> <image427118.png> America's Gateway to the Gulfstream 867 6 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 law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Michael Gravallese <mikegrav@yahoo.com> Sent: Friday, June 28, 2024 10:12 AM To: Utterback, Theresa <UtterbackT@bbfl.us> Cc: ICE Ang Home <am.grav@yahoo.com>; Tack, Timothy <TackT@bbfl.us> Subject: Re: BBCRA Redevelopment Plan - Heart of Boynton District - 507 NW 12th Avenue Good morning Theresa, Just curious what the appraisal came in at. Thank you, Michael Gravallese Sent from my iPhone On Jun 13, 2024, at 9: 36 AM, Utterback, Theresa <UtterbackT@ bbfl. us> wrote: Good Morning, Just wanted you to know that ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. ZjQcmQRYFpfptBannerEnd Good morning Theresa, Just curious what the appraisal came in at. Thank you, Michael Gravallese Sent from my iPhone On Jun 13, 2024, at 9:36 AM, Utterback, Theresa <UtterbackT@bbfl.us> wrote: Good Morning, Just wanted you to know that Anderson Carr (Mr. Robert Banting) will be performing the appraisal. 868 7 Theresa Utterback Development Services Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 <image505160.png> 561-600-9094 | <image293412.png> 561-737-3258 <image377040.png> UtterbackT@bbfl.us | <image128520.png> https://www.boyntonbeachcra.com <image039240.png> <image703336.png> <image512911.png> <image001.jpg> America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Utterback, Theresa Sent: Tuesday, June 11, 2024 10:45 AM To: Michael Gravallese <mikegrav@yahoo.com> Cc: ICE Ang Home <am.grav@yahoo.com>; Tack, Timothy <TackT@bbfl.us> Subject: RE: BBCRA Redevelopment Plan - Heart of Boynton District - 507 NW 12th Avenue Thank you, I will go ahead and order the appraisal. I will provide them with your contact info in case they have any questions. As soon as I receive it I will let you know. In the meantime, if you have any questions, please feel free to call me. Theresa 869 8 From: Michael Gravallese <mikegrav@yahoo.com> Sent: Saturday, June 8, 2024 9:36 AM To: Utterback, Theresa <UtterbackT@bbfl.us> Cc: ICE Ang Home <am.grav@yahoo.com>; Tack, Timothy <TackT@bbfl.us> Subject: Re: BBCRA Redevelopment Plan - Heart of Boynton District - 507 NW 12th Avenue Theresa If you want to have it appraised, please feel free to do so. We still have not made any decisions on the lot as we are finishing up a couple of other projects for the next month or two. We can go from there once the appraisal comes ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. ZjQcmQRYFpfptBannerEnd Theresa If you want to have it appraised, please feel free to do so. We still have not made any decisions on the lot as we are finishing up a couple of other projects for the next month or two. We can go from there once the appraisal comes back. Thanks Michael Gravallese 617-901-1400 Sent from my iPhone On Jun 7, 2024, at 11:59 AM, Utterback, Theresa <UtterbackT@bbfl.us> wrote: 870 9 Hello, We would definitely be interested in your lot. As you may remember, CRA Staff does not make the purchasing decisions. I must first have the lot appraised, you provide us with your asking price and then it has to go before the CRA Board for discussion/vote as to whether or not to purchase the property. My first step is to have it appraised, if you are ok with that, I can order an appraisal on it. Looking forward to hearing from you, Theresa Theresa Utterback Development Services Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 <image233668.png> 561-600-9094 | <image921740.png> 561-737-3258 <image595063.png> UtterbackT@bbfl.us | <image240840.png> https://www.boyntonbeachcra.com <image833966.png> <image253282.png> <image040845.png> <image001.jpg> America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Michael Gravallese <mikegrav@yahoo.com> Sent: Tuesday, May 28, 2024 3:10 PM To: Utterback, Theresa <UtterbackT@bbfl.us> Cc: ICE Ang Home <am.grav@yahoo.com>; Tack, Timothy <TackT@bbfl.us> Subject: Re: BBCRA Redevelopment Plan - Heart of Boynton District - 507 NW 12th Avenue 871 10 They started at $159,900 then lowered it to $149,900. I offered $123K. They said no but replied they would take $135K. It is half the size of my lot. Thanks, Mike Sent from my iPhone On May 28, 2024, at 2: 57 PM, Utterback, Theresa <UtterbackT@ bbfl. us> ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. ZjQcmQRYFpfptBannerEnd They started at $159,900 then lowered it to $149,900. I offered $123K. They said no but replied they would take $135K. It is half the size of my lot. Thanks, Mike Sent from my iPhone On May 28, 2024, at 2:57 PM, Utterback, Theresa <UtterbackT@bbfl.us> wrote: Hi Mike, Ok, no worries. Let me discuss it with the Executive Director as we will first have to have it appraised. We may be interested in the lot next door, do you know what their asking price is? Thank you and I will be back in touch. Theresa 872 11 Theresa Utterback Development Services Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 <image853956.png> 561-600-9094 | <image980811.png> 561-737-3258 <image374795.png> UtterbackT@bbfl.us | <image236858.png> https://www.boyntonbeachcra.com <image305936.png> <image226322.png> <image388837.png> <image001.jpg> America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Michael Gravallese <mikegrav@yahoo.com> Sent: Tuesday, May 28, 2024 2:39 PM To: Utterback, Theresa <UtterbackT@bbfl.us> Cc: ICE Ang Home <am.grav@yahoo.com>; Tack, Timothy <TackT@bbfl.us> Subject: Re: BBCRA Redevelopment Plan - Heart of Boynton District - 507 NW 12th Avenue Not that I know of. We paid cash for it Thanks Mike Sent from my iPhone On May 28, 2024, at 1: 52 PM, Utterback, Theresa <UtterbackT@ bbfl. us> wrote: Hi, Has there been a recent appraisal on the property? Theresa UtterbackDevelopment ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. ZjQcmQRYFpfptBannerEnd Not that I know of. We paid cash for it 873 12 Thanks Mike Sent from my iPhone On May 28, 2024, at 1:52 PM, Utterback, Theresa <UtterbackT@bbfl.us> wrote: Hi, Has there been a recent appraisal on the property? Theresa Utterback Development Services Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 <image583213.png> 561-600-9094 | <image011829.png> 561-737-3258 <image231397.png> UtterbackT@bbfl.us | <image417940.png> https://www.boyntonbeachcra.com <image486284.png> <image431844.png> <image706928.png> <image001.jpg> America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Michael Gravallese <mikegrav@yahoo.com> Sent: Tuesday, May 28, 2024 12:04 PM To: Utterback, Theresa <UtterbackT@bbfl.us> Cc: ICE Ang Home 874 13 <am.grav@yahoo.com> Subject: Re: BBCRA Redevelopment Plan - Heart of Boynton District - 507 NW 12th Avenue Thank you very much Even at 11 units per acre that puts the lot at a maximum density of 2 units. I'm not sure that this lot will fit our desired needs with a 2 unit maximum limitation. We tend to rent smaller apartments and homes and to make ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. ZjQcmQRYFpfptBannerEnd Thank you very much Even at 11 units per acre that puts the lot at a maximum density of 2 units. I'm not sure that this lot will fit our desired needs with a 2 unit maximum limitation. We tend to rent smaller apartments and homes and to make this lot acceptable for us to develop we would need more units. I spoke to a land use attorney and I could go that route, just not sure I want that fight especially if I will need to work with the city to develop My wife will probably list it for sale, so if you folks have any interest, we would be willing to sell it to you at the same price per sq ft as the CRA paid for the lot on NW 11th Thank you again for your help and it was nice speaking with you 875 14 Sincerely Michael Gravallese 617-901-1400 Sent from my iPhone On May 28, 2024, at 11:26 AM, Utterback, Theresa <UtterbackT@bbfl.us> wrote: Hi Mike, So good to speak with you. I have attached the Heart of Boynton District portion of the CRA Redevelopment Plan for your review. If you’d like to review the entire plan here is a link to it on our website: https://www.boyntonbea chcra.com/home/showp ublisheddocument/14/6 37296289931970000 The parcel has a future land use of Medium Density Residential. As we talked about, you may want to schedule a meeting with the City to discuss the possibilities for the lot. If you have any other questions, please feel free to call me. Sincerely, 876 15 Theresa Theresa Utterback Development Services Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 <image001.png> 561-600-9094 | <image002.png> 561-737-3258 <image003.png> UtterbackT@bbfl.us | <image004.png> https://www.boyntonbeachcra.com <image005.png> 877 16 <image006.png> <image007.png> <image008.jpg> America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure <507 NW 12th Avenue, Boynton Beach, FL 33435.pdf> 878 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 LUPARA LLC (hereinafter “SELLER”). In consideration of the mutual covenants and agreements herein set f orth, 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: Lots 436, 437, 438 and 439, CHERRY HILLS, according to the Map or Plat thereof, as recorded in Plat Book 4, Page(s) 58, of the Public Records of Palm Beach County, Florida. Subject to current taxes, easements and restrictions of record. Property Address: 507 NW 12th Avenue, Boynton Beach, FL 33435 PCN: 08-43-45-21-14-000-4360 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Two Hundred Twenty-Six Thousand Dollars ($226,000.00), 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” or “Closing 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. 879 Purchase and Sale Agreement Page 2 of 13 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 effective date of the Purchase Agreement is the date that each of the PURCHASER and SELLER execute and deliver the Purchase Agreement to the other (whichever shall occur last). 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 ____________________, 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 or otherwise has been waived pursuant to the terms of this Agreement. 7. FEASIBILITY PERIOD. PURCHASER shall have a period of five (5) days following the Effective Date (“Feasibility Period”) to investigate the Property and all matters relevant to its acquisition, ownership and development thereof. Such right of investigation shall include, without limitation, the right to have made, at PURCHASER’s expense, any studies or inspections of the Property that PURCHASER may deem necessary or appropriate: provided that (i) PURCHASER shall not have the right to perform any invasive testing without first obtaining the written consent of the SELLER which may be conditioned upon appropriate insurance and indemnification rights and (ii) PURCHASE shall not have the right to and shall not interfere with any business operations on the Property. SELLER agrees to cooperate reasonably with any such investigations, inspections or studies made by or at PURCHASER’s direction provided it is at no 880 Purchase and Sale Agreement Page 3 of 13 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 cost to SELLER. SELLER shall have the right to be present at all inspections. PURCHASER shall coordinate its inspections with SELLER by appointment and provide inspection requests not less than twenty-four (24) hours in advance prior to any requested inspection. In t he event that PURCHASER determines, in PURCHASER’s sole and absolute discretion prior to the expiration of the Feasibility Period, that the acquisition of the Property is not desirable, then PURCHASER shall provide written notice of its cancellation to SELLER and this Agreement shall automatically cancel and terminate. If PURCHASER fails to give written notice to SELLER of PURCHASER’s intent to cancel this Agreement prior to the expiration of the Feasibility Period, then PURCHASER shall be deemed to have elected to move forward with the purchase of the Property subject to the other terms and conditions herein. in the event PURCHASER terminates this Agreement prior to the expiration of the Feasibility Period, the Escrow Agent shall be deemed authorized to immediately refund to PURCHASER the Deposit together with any accrued interest thereon and this Agreement shall be of no further force and effect excluding any obligations which expressly survive the termination of this Agreement. PURCHASER’s right to inspect the Property for the purposes contemplated herein shall continue through the date of Closing. PURCHASER agrees to repair all damage to the Property caused by the inspections so that the Property is restored to the same condition as existed prior to the inspections. PURCHASER will indemnify, defend and hold harmless SELLER from and against any and all expenses, loss or damage (including, without limitation, reasonable attorneys’ fees) that SELLER may incur as a result of any act or omission of PURCHASER or its designees or their respective representatives, agents or contractors in connection with any such inspections. In the event this Agreement is terminated by PURCHASER under this Section 7 or pursuant to any other Sections, PURCHASER shall deliver to SELLER copies of all third-party, no proprietary inspections, studies and other materials prepared for PURCHASER relating to the Property, or an affirmative statement from PURCHASER that no such studies or materials were yet procured. PURCHASER’s obligation under this Section 7 survives the termination of this Agreement or the Closing hereunder. 7.1 Title Review. Within twelve (12) 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. Seller shall be obligated to cure any “Monetary Objections,” which shall mean (a) any mortgage deed to secure debt, deed of trust, security interest or similar security instrument entered into by SELLER encumbering all or any part of the Property, (b) any mechanic’s, materialman’s, construction or similar liens caused by acts of SELLER or on behalf of SELLER, (c) real estate taxes and assessments due on or before the Date of Closing and (d) any judgment of record against SELLER in Palm Beach County that has any effect on SELLER’s title to the Property. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than fifteen (15) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter “Title Objections”). 881 Purchase and Sale Agreement Page 4 of 13 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 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 the right but not the obligation to attempt to cure and remove the Title Objection(s) during the thirty (30) day period following receipt of notice from PURCHASER (hereinafter “Cure Period”). In the event that SELLER does not or 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) accepting the title as is with no reduction in the Purchase Price or (ii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment (“Title Update”) covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, 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 setba ck 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 documents and instruments noted below within five (5) days of the Effective Date of this Agreement to the extent in SELLER’s possession, except as specifically indicated; provided however, in no event shall the failure of SELLER to deliver such documents delay the Closing or extend the Feasibility Period. 7.3.1 Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), 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, consumpt ive use 882 Purchase and Sale Agreement Page 5 of 13 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 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 At Closing, SELLER shall execute and deliver to PURCHASER any and all documents and instruments reasonably required by PURCHASER, which 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. 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 and conditions cause by PURCHASER 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 against the Property, 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. 883 Purchase and Sale Agreement Page 6 of 13 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 9.2 Seller’s Affidavits. SELLER shall furnish to PURCHASER an owner’s affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. 9.3. Closing Statement. A closing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which PURCHASER shall also execute and deliver at Closing. 9.4. Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5. Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1. Prorations. There shall be no prorations at Closing for taxes, assessments, rents, interest, insurance or any other expenses of the Property and PURCHASER shall be responsible for the payment of same as and when due (as applicable). 10.2 Intentionally Deleted. 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 unless the same can be paid in installments in which case PURCHASER shall be responsible for such assessments from and after Closing. Pending liens as of Closing shall be assumed by PURCHASER. If the improvement has been substantially completed as of the Effective Date, an y 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 the costs of the title commitment, owner’s title policy, all searches concerning taxes, permits, code violations and liens, documentary stamp tax on the deed, recording the deed, and all other general closing expenses, including without limitation, estoppel, all charges of the Closing Agent (i.e., 884 Purchase and Sale Agreement Page 7 of 13 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 settlement/closing fees, doc. prep fee, wire fees, storage fee), courier fees, overnight package, etc.). SELLER is responsible for its own legal fees. 10.5 Closing Procedure. PURCHASER shall fund the Purchase Price subject to any credits, offsets and prorations set forth herein (if any). 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. 11. DEFAULT. 11.1. 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, the Deposit paid or required to be paid hereunder by PURCHASER shall be paid 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 required hereunder 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. 11.2. Seller’s Default. In the event that SELLER shall materially default hereunder, 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) enforce specific performance of this Agreement, provided that such action must be commenced within sixty (60) days following PURCHASER’s discovery of SELLER’s material default under this Agreement; or (3) waive such breach of default and proceed to Closing with no reduction in the Purchase Price. PURCHASER’s election to proceed to Closing with knowledge of facts or circumstances constituting a breach or default by SELLER hereunder shall constit ute an unconditional waiver and release of any and all claims PURCHASER may have against SELLER based on such facts and/or circumstances. No other remedy or relief shall be available to PURCHASER, and PURCHASER hereby waives any and all other remedies, including the right to sue SELLER for damages. 11.3. Survival. The provisions of this section shall survive the termination of this Agreement. 885 Purchase and Sale Agreement Page 8 of 13 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 12. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Michael Gravallese LUPARA LLC 864 Jeffery Street Boca Raton, FL 33487 With a copy to: Scott Hoffman, Esq. Alley, Maass, Rogers & Lindsay, P.A. 340 Royal Poinciana Way, Ste. 321 Palm Beach, Florida 33480 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 13. 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. 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. 14. BROKER FEES. The SELLER and PURCHASER hereby state that they have not dealt with a real estate broker in connection with the transaction contemplated by this Agreement and are not liable for a sales commission. SELLER shall indemnify, defend and hold harmless the PURCHASER from and against any and all claims, losses, damages, costs or expenses (including, 886 Purchase and Sale Agreement Page 9 of 13 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 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. 15. CONDITIONS OF PROPERTY. 15.1. “As-is” Condition. PURCHASER hereby expressly acknowledges and agrees that PURCHASER will have, as of closing, thoroughly inspected and examined the status of title to the Property and the physical condition of the Property to the extent deemed necessary by PURCHASER in order to enable PURCHASER to evaluate the purchase of the Property. PURCHASER hereby further acknowledges and agrees that, except for the representations and warranties set forth in this Agreement, PURCHASER is relying solely upon the inspection, examination, and evaluation of the physical condition of the property by PURCHASER and has not relied upon any written or oral representations, warranties or statements, whether expressed or implied, made by SELLER, or any partner of SELLER, or any affiliate, agent, employee, or other representative or any of the foregoing or by any broker or any other person representing or purporting to represent SELLER with respect to the Property, the condition of the Property or any other matter affecting or relating to the transactions contemplated hereby. PURCHASER is buying, and at closing will accept, the Property on an “as-is,” “where is” and “with all faults” basis, without representations, warranties and/or covenants, expressed or implied, of any kind or nature; except for the representations and warranties as set forth in this agreement, if any, PURCHASER acknowledges that SELLER has made no agreement to alter, repair or improve Property. As used in the prior paragraph, the term “Condition of Property” means the following matters; (i) the quality, nature and adequacy of the physical condition of the Property, including, without limitation, the quality of design, labor and materials used to construct the improvements included in the Property; the condition of structural elements, foundations, roofs, glass, mechanical, plumbing, electrical, HVAC, sewage, and utility components and systems; the capacity or availability of sewer, water, or other utilities; the geology, flora, fauna, soils, subsurface conditions, groundwater, landscaping, and irrigation of or with respect to the Property; the location of the Property in or near any special taxing district, flood hazard zone, wetlands area, protected habitat, geological fault or subsidence zone, hazardous waste disposal or clean-up site, or other special area; the existence, location, or condition of ingress, egress, access, and parking; the condition of the personal property and any fixtures; and the presence of any asbestos or other hazardous materials, dangerous, or toxic substance, material or waste in, on under or about the Property and the improvements located thereon; and (ii) the compliance or non-compliance of SELLER or the operation of the Property or any part thereon in accordance with and the contents of; (a) all codes, laws, ordinances, regulations, agreements, licenses, permits, approvals and applications of or with any governmental authorities asserting jurisdiction over the Property, including, without limitations, those relating to zoning, building, public works, parking, fire and 887 Purchase and Sale Agreement Page 10 of 13 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 police access, handicap access, life safety, subdivision and subdivision sales, and hazardous materials, dangerous, and toxic substances, materials, conditions or waste, including, without limitation, the presence of hazardous materials in, on, under or about the Property that would cause State or Federal agencies to order a clean-up of the property under any applicable legal requirements; and (b) all agreements, covenants, conditions, restrictions (public or private), condominium plans, development agreements, site plans, building permits, building rules, and other instruments and documents governing or affecting the use, management, and operation of the Property. Except as specifically set forth in this Agreement, PURCHASER acknowledges and agrees that is has not (and shall not) rely upon any statement and/or information from whomsoever made or given (including but not limited to, any broker, attorney, agent, employee or other person representing or purporting to represent SELLER) directly or indirectly, verbally or in writing, and SELLER in not and shall not be liable or bound by any such statement and/or information Except as specifically set forth in this Agreement, SELLER specifically disclaims any representation, warranty or guaranty with respect to the Property, expressed or implied, including but not limited to, an representation or warranty as to the Property’s condition, fitness for a particular purpose, quality, freedom from defects or contamination (whether or not detectable by inspection), compliance with zoning or other legal requirements or as to the availability or existence of any utility or other governmental or private services or as to the amount of taxes assessed to the Property. 15.2 Release of Claims Under Environmental Laws. PURCHASER, on behalf of itself and all future owners and occupants of the Property, hereby waives and releases SELLER from any claims arising out of the environmental condition of the Property and all claims under any applicable federal, state or local environments laws (“Environmental Laws”). For the purposes of this Agreement, the term “Environmental Laws” shall include, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., and the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6901 et seq., as amended from time to time; and any similar federal, state and local laws and ordinances and the regulations and rules implementing such statutes, laws and ordinances. The foregoing waiver and release shall be set forth in the Deed and shall be binding upon all future owners and occupants of the Property, and this Section shall survive Closing and delivery of Deed. 16. 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 888 Purchase and Sale Agreement Page 11 of 13 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 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. 17. MISCELLANEOUS. 17.1. General. This Agreement, and any amendment hereto, may be executed by facsimile or electronically (including pdf) 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 writi ng 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. 17.2. 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. 17.3. 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. 17.4. 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, 889 Purchase and Sale Agreement Page 12 of 13 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 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. 17.5. 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. 17.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by PURCHASER and SELLER shall control all printed provisions in conflict therewith. 17.7 Waiver of Jury Trial. As an inducement to the parties 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. 17.8. 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. 17.9 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. 17.10 Recording. This Agreement may not be recorded in the Public Records of Palm Beach County, Florida. 17.11 Attorneys’ Fees and Costs. Without limiting Section 10.4 hereof, PURCHASER and SELLER acknowledge and agree that each party shall be responsible for its own attorneys’ fees and all costs, if any, incurred in connection with the transaction contemplated by this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. EXECUTIONS APPEAR ON THE FOLLOWING PAGE. 890 Purchase and Sale Agreement Page 13 of 13 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 PURCHASER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY SELLER: LUPARA LLC ___________________________________ _____________________________________ Printed Name: Ty Penserga Printed Name: _________________________ Title: Chair Title: ________________________________ Date: ______________________________ Date: ________________________________ WITNESS: ___________________________________ Printed Name: _______________________ WITNESS: _____________________________________ Printed Name: _________________________ ESCROW AGENT ___________________________________ Lewis, Longman & Walker, P.A. Printed Name: _______________________ Date: ______________________________ 891 APPRAISAL OF REAL PROPERTY 507 NW 12th Ave Boynton Beach, FL 33435 Cherry Hill Lots 436 to 439 Inc. Boynton Beach Community Re-Development Agency 710 North Federal Highway, Boynton Beach, FL. 33435 Attention: Theresa Utterback $300,000 June 18th 2024 Ronald Saar Anderson & Carr, Inc. 521 S Olive Ave West Palm Beach, FL 33401-5907 (561) 833-1661 rsaar@andersoncarr.com Form GA1V - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE LOCATED AT FOR OPINION OF VALUE AS OF BY 892 June 21, 2024 Theresa Utterback, Development Services Specialist Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 Re: Vacant Residential Lot 507 NW 12th Avenue Boynton Beach, Florida 33435 Our File No. 2240267.000 Dear Ms. Utterback: At your request, we have appraised the above referenced property. The purpose of this appraisal was to estimate the market value, fee simple estate, of the subject property as of June 18, 2024. The date of inspection was June 18, 2024 . The intended use is for establishing a purchase or selling price. As a result of our analysis, we have developed an opinion that the market value (as defined in the report), subject to the definitions, certifications and limiting conditions set forth in the attached report, as of June 18, 2024 was: THREE HUNDRED THOUSAND DOLLARS ($300,000) The following presents a summary appraisal report. This letter must remain attached to the report in order for the value opinion set forth to be considered valid. Your attention is directed to the Assumptions and Limiting Conditions within this report. Respectfully submitted, ANDERSON & CARR, INC. Ronald J. Saar Cert Gen RZ4225 RBB:cmp 893 Anderson & Carr, Inc. 2240267.000 N/A 0061.00 507 NW 12th Ave Boynton Beach Palm Beach FL 33435 Cherry Hill Lots 436 to 439 Included. N/A N/A N/A 0 N/A Boynton Beach Community Re-Development Agency 710 North Federal Highway, Boynton Beach, FL. 33435 Vacant Land Ronald Saar Estimate Market Value 50 5 15 1 10 5 5 9 Other; parks,schools,religious Vacant Residential 5 250,000 1,000,000 500,000 5 75 60 Market Area Boundaries: Gateway Blvd to the North, Limetree Blvd to the south, Interstate 95 to the west and North Federal Highway to the east. Demand continues to be strong for residential housing in south east Florida. 100' x 104' +/- by aerial scaling: PAPA indicates 10,454 SF 10,454 sf .24 ac R2:R2-Duplex 10 DU/AC Boynton Beach Development as per zoning regulations FPL/Available none Public/Available Public Available Paved Level, near street grade Typical Rectangular Residential Adequate for vacant land The site can accommodate up to 2.5 Dwelling Units based on its 10 Dwelling units per acre zoning regulations. Normal utility easements and encroachments apply, Subject & sales site sizes are from PBCPA data. The client indicated future use is for residential purposes. 507 NW 12th Ave Boynton Beach, FL 33435 N/A Sales Price N/A Inspection N/A Boynton Beach 10,454 sf/Avg Site Conditions Cleared Zoning R2-10 DU/Acre N/A 412 NW 13th Ave Boynton Beach, FL 33435 0.08 miles NE $27.65 76,000 Palm Beach County Public Recs 8/2022 Boynton Beach 2,749sf/Avg Cleared R2-10 DU/Acre Cash;0 27.65 418 N Seacrest Blvd Boynton Beach, FL 33435 0.63 miles SE 32.59 142,000 Palm Beach County Public Recs 6/2022 Boynton Beach 4,356 sf/Avg Cleared R2-10 DU/Acre Cash;0 32.59 408 NW 12th Ave Boynton Beach, FL 33435 0.09 miles E 28.93 76,000 Palm Beach County Public Recs 8/2022 Boynton Beach 2,627 sf/Avg Cleared R2-10 DU/Acre Cash;0 28.93 The subject is a residentially zoned vacant lot in Boynton Beach. Similar vacant R2- 10/DU lots were used for comparison.The per square foot selling price of the comparables indicates a relatively tight range and no adjustments were applied to the sales. See below for additional comments. The subject value is based on vacant land sales similarly zoned in the market area. Research resulted in locating 5 relevant and comparable land sales in the market area over the prior 2 year period, all of which are sites that are zoned R2:10DU/Acre sites. No adjustments were deemed necessary. The subject was purchased by Lupara, LLC on May 14th 2024 for the sum of $185,000. or $17.70 per square foot. See additional comments on comparables 5 & 6 page. $300,000 Ronald Saar 06/21/2024 Cert Res RZ4225 FL 11/30/2024 June 18th 2024 Form LAND - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE LAND APPRAISAL REPORT File No.SUBJECTBorrower Census Tract Map Reference Property Address City County State Zip Code Legal Description Sale Price $Date of Sale Loan Term yrs.Property Rights Appraised Fee Leasehold De Minimis PUD Actual Real Estate Taxes $(yr)Loan charges to be paid by seller $Other sales concessions Lender/Client Address Occupant Appraiser Instructions to Appraiser NEIGHBORHOODLocation Urban Suburban Rural Built Up Over 75%25% to 75%Under 25% Growth Rate Fully Dev.Rapid Steady Slow Property Values Increasing Stable Declining Demand/Supply Shortage In Balance Oversupply Marketing Time Under 3 Mos.4-6 Mos.Over 6 Mos. Present Land Use % One-Unit % 2-4 Unit % Apts.% Condo % Commercial % Industrial % Vacant % Change in Present Land Use Not Likely Likely (*)Taking Place (*) (*) From To Predominant Occupancy Owner Tenant % Vacant One-Unit Price Range $to $Predominant Value $ One-Unit Age Range yrs. to yrs.Predominant Age yrs. Good Avg.Fair Poor Employment Stability Convenience to Employment Convenience to Shopping Convenience to Schools Adequacy of Public Transportation Recreational Facilities Adequacy of Utilities Property Compatibility Protection from Detrimental Conditions Police and Fire Protection General Appearance of Properties Appeal to Market Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise)SITEDimensions =Corner Lot Zoning Classification Present Improvements Do Do Not Conform to Zoning Regulations Highest and Best Use Present Use Other (specify) Public Other (Describe) Elec. Gas Water San. Sewer Underground Elect. & Tel. OFF SITE IMPROVEMENTS Street Access Public Private Surface Maintenance Public Private Storm Sewer Curb/Gutter Sidewalk Street Lights Topo Size Shape View Drainage Is the property located in a FEMA Special Flood Hazard Area?Yes No Comments (favorable or unfavorable including any apparent adverse easements, encroachments, or other adverse conditions)MARKET DATA ANALYSISThe undersigned has recited the following 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. ITEM SUBJECT PROPERTY COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 Address Proximity to Subject Sales Price $$$$ Price $$$$ Data Source(s) ITEM DESCRIPTION DESCRIPTION +( )$ Adjust.–DESCRIPTION +( )$ Adjust.–DESCRIPTION +( )$ Adjust.– Date of Sale/Time Adj. Location Site/View Sales or Financing Concessions Net Adj. (Total)+–$+–$+–$ Indicated Value of Subject $$$ Comments on Market Data RECONCILIATIONComments and Conditions of Appraisal Final Reconciliation I (WE)ESTIMATE THE MARKET VALUE,AS DEFINED,OF THE SUBJECT PROPERTY AS OF TO BE $ Appraiser Date of Signature and Report Title State Certification #ST Or State License #ST Expiration Date of State Certification or License Date of Inspection (if applicable) Supervisory Appraiser (if applicable) Date of Signature Title State Certification #ST Or State License #ST Expiration Date of State Certification or License Did Did Not Inspect Property Date of Inspection 08/11 894 2240267.000 507 NW 12th Ave Boynton Beach, FL 33435 N/A Sales Price N/A Inspection N/A Boynton Beach 10,454 sf/Avg Site Conditions Cleared Zoning R2-10 DU/Acre N/A 530 NW 12th Ave Boynton Beach, FL 33435 0.02 miles S 31.12 122,000 PR, MLS # RX-10791086 DOM458 8/2023 Boynton Beach 3,920 sf/Avg Cleared R2-10 DU/Acre Cash;0 31.12 525 NW 11th Ave Boynton Beach, FL 33435 0.07 miles SW 22.40 165,000 PR, MLS # FX-10413557 DOM 64 3/2024 Boynton Beach 7,636 sf/Avg Cleared R2-10 DU/Acre Cash;0 22.4 The five comparables have an unadjusted price per square foot range of $22.40 to $32.59 with a mean of $28.54 The five sales are a good representation of the subject market and the value derived as a result. All of the comparable sales are similar locations and utility and no adjustments for dissimilar characteristics were warranted. The opinion of value near the middle of the range at $28.50 per square foot is appropriate. The current market value opinion of the subject is 10,454 sq.ft. x $28.50/sq.ft = $297,939 rounded to $300,000. Note! The client has stated that this lot will be purchased by the Boynton Beach CRA and is slated for development of "Affordable Housing" consisting of either a simplex or duplex dwelling. Form LAND.(AC) - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 4 5 6 ADDITIONAL COMPARABLE SALES File No.MARKET DATA ANALYSISITEM SUBJECT PROPERTY COMPARABLE NO.COMPARABLE NO.COMPARABLE NO. Address Proximity to Subject Sales Price $$$$ Price $$$$ Data Source(s) ITEM DESCRIPTION DESCRIPTION +( )$ Adjust.–DESCRIPTION +( )$ Adjust.–DESCRIPTION +( )$ Adjust.– Date of Sale/Time Adj. Location Site/View Sales or Financing Concessions Net Adj. (Total)+–$+–$+–$ Indicated Value of Subject $$$ Comments on Market Data 08/11 895 Assumptions and Limiting Conditions 2240267.000 This appraisal report is subject to the following 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 assignment, 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. INTENDED USE: The intended use of this appraisal report is for the lender/client to evaluate the property that is the subject of this appraisal for a mortgage finance transaction. INTENDED USER: The intended user of this appraisal report is the lender/client. 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. 5. If the appraiser has based his or her appraisal report and valuation conclusion for an appraisal subject to certain conditions, it is assumed that the conditions will be met in a satisfactory manner. Form ACR3_DEFD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE File # 896 Certifications 2240267.000 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. 2. I performed a complete visual inspection of the subject property. I reported the site characteristics in factual, specific terms. 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. 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 or financing 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, but not limited to, 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 (such as approval of a pending mortgage loan application). 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 lender/client in this appraisal report who is the individual, organization, or agent for the organization that ordered and will receive this appraisal report. Form ACR3_DEFD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE File # 897 Certifications 2240267.000 20. The lender/client may disclose or distribute this appraisal report to: the borrower; another lender at the request of the borrower; the mortgagee or its successors and assigns; mortgage insurers; government sponsored enterprises; other secondary market participants; data collection or reporting services; professional appraisal organizations; any department agency, or instrumentality of the United States; and any state, the District of Columbia, or other jurisdictions; without having to obtain the appraiser's or supervisory appraiser's (if applicable) consent. Such consent must be obtained before this appraisal report may be disclosed or distributed to any other party (including, but not limited to, the public through advertising, public relations, news, sales, or other. media). 21. I am aware that any disclosure or distribution of this appraisal report by me or the lender/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. 22. 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. 23. Unless otherwise indicated, 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. 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. Ronald Saar Anderson & Carr, Inc. 521 S Olive Ave West Palm Beach, FL 33401-5907 (561) 833-1661 rsaar@andersoncarr.com 06/21/2024 Cert Res RZ4225 FL 11/30/2024 507 NW 12th Ave Boynton Beach, FL 33435 $300,000 Theresa Utterback Boynton Beach Community Re-Development Agency 710 N. Federal Highway Boynton Beach, FL 33435 utterback@bbfl.us Form ACR3_DEFD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE File # APPRAISER Signature Name Company Name Company Address Telephone Number Email Address Date of Signature and Report Effective Date of Appraisal State Certification # or State License # or Other (describe)State # State Expiration Date of Certification or License ADDRESS OF PROPERTY APPRAISED APPRAISED VALUE OF SUBJECT PROPERTY $ LENDER/CLIENT Name Company Name Company Address Email Address SUPERVISORY APPRAISER (ONLY IF REQUIRED) Signature Name Company Name Company Address Telephone Number Email Address Date of Signature State Certification # or State License # State Expiration Date of Certification or License SUBJECT PROPERTY Did not inspect subject property Did inspect exterior of subject property from street Date of Inspection Did inspect interior and exterior of subject property Date of Inspection COMPARABLE SALES Did not inspect exterior of comparable sales from street Did inspect exterior of comparable sales from street Date of Inspection 898 Form PIC3X5.SR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Subject Photo Page N/A 507 NW 12th Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Re-Development Agency Subject View N/W 507 NW 12th Ave N/A Subject N/E View Street Scene Looking E/B Borrower Lender/Client Property Address City County State Zip Code 899 Form PIC3X5.SR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Subject Photo Page N/A 507 NW 12th Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Re-Development Agency Subject Looking South 507 NW 12th Ave Subject Looking South Subject Street W/B Borrower Lender/Client Property Address City County State Zip Code 900 Aerial Photographs N/A 507 NW 12th Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Re-Development Agency Subject Expanded Aerial View Form PIC2W_LT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Borrower Lender/Client Property Address City County State Zip Code 901 Form SCNLGH - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Flood Map N/A 507 NW 12th Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Re-Development Agency Borrower Lender/Client Property Address City County State Zip Code 902 Form SCNLGH - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Legal Description from Deed N/A 507 NW 12th Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Re-Development Agency Borrower Lender/Client Property Address City County State Zip Code 903 Form PIC3X5.CR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Comparable Photo Page N/A 507 NW 12th Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Re-Development Agency Comparable 1 Prox. to Subject Sale Price 412 NW 13th Ave 0.08 miles NE $27.65 Boynton Beach 2,749sf/Avg Comparable 2 Prox. to Subject Sale Price 418 N Seacrest Blvd 0.63 miles SE 32.59 Boynton Beach 4,356 sf/Avg Comparable 3 Prox. to Subject Sale Price 408 NW 12th Ave 0.09 miles E 28.93 Boynton Beach 2,627 sf/Avg Borrower Lender/Client Property Address City County State Zip Code 904 Form PICPIX.CR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Comparable Photo Page N/A 507 NW 12th Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Re-Development Agency Comparable 4 Prox. to Subject Sale Price 530 NW 12th Ave 0.02 miles S 31.12 Boynton Beach 3,920 sf/Avg Comparable 5 Prox. to Subject Sale Price 525 NW 11th Ave 0.07 miles SW 22.40 Boynton Beach 7,636 sf/Avg 6 Borrower Lender/Client Property Address City County State Zip Code 905 Form MAP.LOC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Location Map N/A 507 NW 12th Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Re-Development Agency Borrower Lender/Client Property Address City County State Zip Code 906 Form MAP.LOC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Location and Comparable Sales Map N/A 507 NW 12th Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Re-Development Agency Borrower Lender/Client Property Address City County State Zip Code 907 Form SCNLGH - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Appraiser License N/A 507 NW 12th Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Re-Development Agency Borrower Lender/Client Property Address City County State Zip Code 908 Appraiser Qualifications Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 909 Street # Property Address Structure or Lot? Appraised Value Contract Price Lot Size Acres Square Feet Price per Sq. Ft. LUPARA, LLC 507 NW 12th Avenue Vacant Lot $300,000.00 $226,000.00 0.24 10454.4 $21.62 Nina Clark 1017 N. Railroad Avenue Residential Structure $206,000.00 $237,000.00 0.1356 5906.736 $40.12 Street # Property Address Structure or Lot? Asking Price Appraised Value Lot Size Acres Square Feet Price per Sq. Ft. Elite Ramsay Group, LLC 524 NW 3rd Street Vacant Lot $199,999.00 $195,000.00 0.1946 8476.776 $23.00 Street # Property Address Structure or Lot/Appraisal Date Acquired Sale Price Lot Size Acres Square Feet Price per Sq. Ft. 321 E. MLK Blvd.Structure (Single Family Home)N/A $315,000.00 0.1607 7000.092 $45.00 334 NE 11th Avenue Structure (Rental)N/A $305,000.00 0.1722 7501.032 $40.66 507 & 513 NE 2nd Street Structures (Rental)N/A $3,000,000.00 0.6073 26453.988 $113.40 137 NE 3rd Avenue Structure (Garage)N/A $300,000.00 0.1742 7588.152 $39.54 225 NE 9th Avenue Vacant Lot N/A $300,000.00 0.1728 7527.168 $39.86 Street #Property Address Structure or Lot?Date Acquired Purchase Price Lot Size Square Feet Price per Sq. Ft. Status xxx MLK Blvd.Vacant Lot October-14 $130,000.00 0.1607 7000.092 $18.57 MLK Corridor redevelopment 308 NE 10th Avenue Vacant Lot - Structure demo'd April-05 $225,000.00 0.178 7753.68 $29.02 MLK Corridor redevelopment xxx NE 10th Avenue Vacant Lot October-16 $19,000.00 0.1779 7749.324 $2.45 MLK Corridor 211 NE 9th Avenue Vacant Lot May-18 $53,000.00 0.1738 7570.728 $7.00 To be added to the properties aka MLK South for Mixed Use Development 231 NE 9th Avenue Vacant Lot - Structure demo'd April-14 0.1726 MLK Corridor redevelopment xxx NE 10th Avenue-MLK Vacant Lot-Purchased w/ 231 NE 9th Ave April-14 0.1779 MLK Corridor redevelopment xxx NE 10th Avenue-MLK Vacant Lot-Purchased w/ 231 NE 9th Ave April-14 0.1779 MLK Corridor redevelopment 235 NE 9th Avenue Vacant January-06 $249,000.00 0.1725 7514.1 $33.14 MLK Corridor redevelopment xxx NE 4th Avenue Vacant Lots November-09 $300,000.00 0.8619 37544.364 $7.99 Cottage District xxx NE 4th Ave Vacant January-07 $475,000.00 0.7404 32251.824 $14.73 Cottage District 508 N. Seacrest Blvd.Vacant Lot - Structure demo'd October-07 $545,000.00 0.1117 $24.34 Cottage District 103 NE 4th Avenue Vacant Lot - Structure demo'd-Purchased w/ 508 N. Seacrest October-07 0.1657 Cottage District 105 NE 4th Avenue Vacant Lot - Structure demo'd-Purchased w/ 508 N. Seacrest October-07 0.2367 Cottage District 121 NE 4th Avenue Vacant Lot - Structure demo'd August-14 $155,000.00 0.2757 12009.492 $12.91 Cottage District 127 NE 4th Avenue Vacant Lot - Structure demo'd June-07 $200,000.00 0.2757 12009.492 $16.65 Cottage District 145 NE 4th Avenue Vacant Lot-Structure demo'd January-20 $205,000.00 0.1723 7505.388 $27.31 Cottage District CCC merged w/ Feed So. FL and moved out of bldg 3/30/20; house was boarded up and No Trespass Agreement signed; getting ready for demo - also $45,000 was given to CCC for relocation fees 118 NE 5th Avenue Vacant Lot - Structure demo'd April-07 0.159 Cottage District 122 NE 5th Avenue-Purchased w/ 118 NE 5th Avenue Vacant Lot - Structure demo'd April-07 0.1586 Cottage District 136 NE 5th Avenue-Purchased w/ 118 NE 5th Avenue Vacant Lot - Structure demo'd April-07 0.1583 Cottage District 140 NE 5th Avenue-Purchased w/ 118 NE 5th Avenue Vacant Lot - Structure demo'd April-07 0.158 Cottage District BOYNTON BEACH CRA PROPERTY INVENTORY JULY 2024 $825,000.00 34351.416 $24.02 SUBJECT PROPERTY FOR BOYNTON BEACH CRA PURCHASE CURRENT BBCAR PROPERTY INVENTORY PREVIOUS PROPERTY OFFERINGS TO BOYNTON BEACH CRA PROPERTY UNDER CONTRACT $57,000.00 23017.104 $2.48 22394.196 910 144 NE 5th Avenue-Purchased w/ 118 NE 5th Avenue Vacant Lot - Structure demo'd April-07 0.1547 Cottage District 511 NE 1st Street Vacant Lot - Structure demo'd October-07 $210,000.00 0.1494 6507.864 $32.27 Cottage District 114 NE 5th Avenue Vacant Lot - Structure demo'd June-08 $187,500.00 0.1137 4952.772 $37.86 Cottage District 517 NE 1st Street Vacant Lot - Structure demo'd October-14 $74,000.00 0.2299 10014.444 $7.39 Cottage District 515 NE 1st Street Vacant Lot - Structure demo'd May-15 $130,000.00 0.1379 6006.924 $21.64 Cottage District 407 NE 1st Avenue Vacant Lot - Structure demo'd November-20 $268,000.00 0.1742 7588.152 $35.32 Misc. XXX E. MLK Blvd.Vacant Lots May-21 $175,000.00 0.4821 21000.276 $8.33 115 NE 4th Avenue Vacant Lot - Structure demo'd July-21 $275,000.00 0.1148 5000.688 $54.99 Cottage District 133 NE 4th Avenue Vacant Lot - Structure demo'd July-21 $300,000.00 0.1723 7505.388 $39.97 Cottage District XXX NW 11th Avenue Vacant Lot March-24 $165,000.00 0.1753 7636.068 $21.61 Misc. Cherry Hill TOTALS 5,222,500$ 6.7696 294,883.78 $17.71 911 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 CRA PROJECTS IN PROGRESS AGENDA ITEM 16.A SUBJECT: Rock the Plaza at Ocean Plaza Recap SUMMARY: EVENT RECAP On Saturday, May 25, 2024, the BBCRA hosted Rock the Plaza at the Ocean Plaza property, located at 640 E. Ocean Avenue. The free business promotional event took place from 1:00 p.m. to 4:00 p.m., and provided a spotlight on the businesses that are located within the shopping plaza. The event featured live music from the band Girlfriend Material, family-friendly activities, information about BBCRA funded redevelopment projects, and samples from plaza restaurants and eateries. Attendees were encouraged to play Business Bingo, which took them on a tour through the plaza to connect with the featured businesses, for a chance to win a Visa gift card. Additionally, the following Boynton Beach Bucks promotions were activated for the event: $10 off any food purchase at Scheurer's Chocolate, Sushi Jo, Bailey's Blendz, OK&M, and Cafe Frankie's $15 off any purchase of $30 or more at Angel's Secret $20 off any purchase at Alchemy Eco Salon $50 off any purchase of $100 or more at Palm Beach Shooting Organization In an effort to engage the community and obtain demographic information, event patrons were encouraged to complete a short feedback survey. A total of 58 digital survey responses (see Attachment I) were collected, indicating the following: Please select which best applies to you: I live in Boynton Beach - 72.4% I live in Palm Beach County - 15.5% I live in Florida, but outside of Palm Beach County - 8.6% I am visiting from out-of-state - 3.4% Have you dined in Ocean Plaza before this event? If so, please select all the restaurants that you have previously visited. Bailey's Blendz - 10.3% 912 Cafe Frankie's - 46.6% OK&M - 12.1% Scheurer's Chocolate - 13.8% Sushi Jo - 20.7% None of the Above - 37.9% How did you hear about the Rock the Plaza event? Social Media - 51.7% Email - 5.2% Poster/Street Sign - 29.3% Newspaper - 3.4% From a Friend/Family Member - 19% Prior to this event were you aware of the Boynton Harbor Marina Project? Yes - 28.6% No - 71.4% MARKETING RECAP Coastal Star - A quarter-page ad was published in the Coastal Star to promote the event. The Coastal Star newspaper serves the eastern community of Hypoluxo Island, South Palm Beach, Manalapan, Ocean Ridge, Briny Breezes, Gulf Stream and coastal Delray which reaches out to that specific demographic (see Exhibit A). Cost: $525 Sun-Sentinel - An ad was published in the local section of the Sun-Sentinel newspaper to promote the event. The Sun-Sentinel is a local newspaper that shares neighborhood news, related to city government, business and real estate, sports, and events in Boynton Beach and the surrounding area (see Exhibit B). Cost: $381 Neighborhood News - A full-page ad was featured in the Neighborhood News to promote the event. The Neighborhood News publication is a great way to reach out to the western Boynton Beach communities. The publication is mailed to 17,500 homes/clubhouses, with over 10,000 additional subscribers that read the digital edition online and on Facebook (see Exhibit C). Cost: $450 Posters - A promotional poster was created and distributed to various locations throughout Boynton Beach, including City of Boynton Beach facilities and local businesses (see Exhibit D). Cost: $76 Social Media - The Boynton Beach CRA social media platforms were utilized to promote a variety of paid and organic social media marketing initiatives. (see Exhibit E). Cost: $1,000 Street Signs - Six (6) custom street signs were designed and installed at various locations throughout Boynton Beach to promote the event (see Exhibit F). Cost: $860 B l o g - A blog to promote the various aspects of the event was published to the BBCRA’s Boynton Beach Insider blog (see Exhibit G). Cost: $0 Billboard - A graphic was displayed on the billboard located on I-95 and Gateway Boulevard to promote the event (see Exhibit H). Cost: $0 913 •Attachment I - Patron Feedback Survey •Exhibit A-H FISCAL IMPACT: FY 2023 - 2024 Budget, Project Fund, Line Item 02-58500-480 - $16,611 for the event and $5,406 for marketing. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required from the CRA Board at this time. ATTACHMENTS: Description 914 Rock The Plaza - Ocean Plaza (copy 1) Question 1 has 56 answers (Checkboxes) “Please select which best applies to you” I live in Boynton Beach 42 (72.4%) I live in Palm Beach County 9 (15.5%) I live in Florida, but outside of Palm Beach County 5 (8.6%) I am visiting from out-of-state 2 (3.4%) Question 2 has 57 answers (Open Text) “What is your zip code? ” Unknown contact said: "33463" Unknown contact said: "33437" Unknown contact said: "33426" Unknown contact said: "33436" All Responses Question 1: Please select which best applies to youQuestion 2: What is your zip code?Question 3: Have you dined in Ocean Plaza before this event? If so, please select all the restauQuestion 4: Please select any other business you haQuestion 5 Feedback915 Unknown contact said: "33435" Unknown contact said: "33472" Unknown contact said: "33435" Unknown contact said: "33436" Unknown contact said: "33435" Unknown contact said: "33435" Unknown contact said: "33435" Unknown contact said: "12306" Unknown contact said: "33435"Feedback916 Unknown contact said: "33535" Unknown contact said: "33435" Unknown contact said: "33436" Unknown contact said: "33445" Unknown contact said: "33480" Unknown contact said: "33472" Unknown contact said: "33445" Unknown contact said: "33445" Unknown contact said: "33435"Feedback917 Unknown contact said: "33435" Unknown contact said: "32216" Unknown contact said: "33435" Unknown contact said: "33435" Unknown contact said: "33460" Unknown contact said: "33437" Unknown contact said: "33426" Unknown contact said: "33426" Unknown contact said: "33437"Feedback918 Unknown contact said: "33435" Unknown contact said: "34990" Unknown contact said: "33027" Unknown contact said: "33073" Unknown contact said: "33436" Unknown contact said: "33437" Unknown contact said: "33437" Unknown contact said: "33435" Unknown contact said: "33436"Feedback919 Unknown contact said: "33435" Unknown contact said: "0 1803" Unknown contact said: "33435" Unknown contact said: "33462" Unknown contact said: "33437" Unknown contact said: "33437" Unknown contact said: "33982" Unknown contact said: "33435" Unknown contact said: "33431"Feedback920 Unknown contact said: "33426" Unknown contact said: "33436" Unknown contact said: "33426" Unknown contact said: "33435" Unknown contact said: "33436" Unknown contact said: "33437" Unknown contact said: "33426" Unknown contact said: "33436" Question 3 has 56 answers (Checkboxes) “Have you dined in Ocean Plaza before this event? If so, please select all the restaurants that you have previously visited.” Bailey's Blendz Feedback921 6 (10.3%) Cafe Frankie's 27 (46.6%) OK&M 7 (12.1%) Scheurer's Chocolate 8 (13.8%) Sushi Jo 12 (20.7%) None of the Above 22 (37.9%) Question 4 has 50 answers (Checkboxes) “Please select any other business you have visited” Alchemy Eco Salon 1 (1.7%) Angel's Secret 9 (15.5%) By Cycle 3 (5.2%) Datail Design 0 (0.0%) Fly & Flow Fitness 3 (5.2%) Fran's Sew & Sew 1 (1.7%) Jackie's Grooming Spa 0 (0.0%) Lighthouse Vape 5 (8.6%) Link Custom Jewelry 1 (1.7%) Palm Beach Shooting Organization 0 (0.0%) Penn Nails 4 (6.9%) Tropical Troy Feedback922 1 (1.7%) None of the Above 29 (50.0%) Question 5 has 56 answers (Radio Buttons) “Have you previously utilized Boynton Beach Bucks to support local businesses? ” Yes 22 (39.3%) No 34 (60.7%) Question 6 has 55 answers (Checkboxes) “How did you hear about the Rock the Plaza event?” Social Media 30 (51.7%) Email 3 (5.2%) Poster/Street Sign 17 (29.3%) Newspaper/Magazine 2 (3.4%) From a Friend/Family Member 11 (19.0%) Question 7 has 56 answers (Radio Buttons) “Prior to this event were you aware of the Boynton Harbor Marina Project?” yes 16 (28.6%) no Feedback923 40 (71.4%) Question 8 has 15 answers (Open Text) “If you would like to subscribe to the BBCRA email list for future Boynton Beach Bucks deals please enter your email below. By providing your email address, you agree to receive promotional messages from the Boynton Beach CRA. Please be advised that under Florida records law, email addresses are public record. Therefore, your email address may be subject to public disclosure.” Unknown contact said: "Shearmath@yahoo.com" Unknown contact said: "Bweissman58@gmail.com" Unknown contact said: "Theclosetlady@hotmail.com " Unknown contact said: "Debi@safe4play.net" Unknown contact said: "Allison.guerriero@gmail.com" Unknown contact said: "Whitecloud21@comcast.net"Feedback924 Unknown contact said: "Dan@theatlanticcurrent.com" Unknown contact said: "Dpopova@fau.edu" Unknown contact said: "Pacruz45@gmail.com" Unknown contact said: "No" Unknown contact said: "Karagbase@gmail.com" Unknown contact said: "Monicag0376@gmail.com" Unknown contact said: "Rob@weekendbroward.com" Unknown contact said: "Lakesz1723@gmail.com" Unknown contact said: "Katrinacrewse@gmail.com" Question 9 has 28 answers (Checkboxes)Feedback925 “If you provided your email please select what types of email material you would like to receive. ” Redevelopment 6 (10.3%) Business Outreach 4 (6.9%) Business Promotions 7 (12.1%) Events 19 (32.8%) All of the above 13 (22.4%)Feedback926 Exhibit A – Coastal Star 927 Exhibit B – Gateway Gazette 928 Exhibit C – Neighborhood News 929 Exhibit D –Posters 930 Exhibit E – Social Media 931 Exhibit F – Street Signs 932 Exhibit G – Blog Exhibit H – Billboard 933 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 CRA PROJECTS IN PROGRESS AGENDA ITEM 16.B SUBJECT: Rock the Marina & Marina Month Recap SUMMARY: ROCK THE MARINA RECAP The free business promotional event took place on June 1st from 12:00 PM to 4:00 PM at the Boynton Harbor Marina. The event featured live music from Paul Anthony & The Reggae Souljahs Attendees were encouraged to dine at the restaurants located at the Marina. Attendees were encouraged to visit with the exhibiting businesses, vendors, and community partners. The Butcher and The Bar and Cafe Frankie's offered cooking demonstrations during the activation. Attendees were encouraged to complete a short feedback survey (Attachment I) during the event. A total of 56 responses were collected, indicating the following: Please select which best applies to you: I live in Boynton Beach - 75% I live in Palm Beach County - 28.6% I live in Florida, but outside of Palm Beach County - 1.8% Have you dined at the Boynton Harbor Marina before this event? If so, please select all the restaurants that you have previously visited: Two Georges - 89.3% Banana Boat - 76.8% Marina Cafe - 26.8% Have you ever visited any other Boynton Harbor Marina business? Please select all that apply: Boynton Beach Boat Rentals - 10.7% Gulfstream Boat Club - 3.6% Intracoastal Boat Rentals - 3.6% Boynton Beach Jet Ski Rentals - 8.9% Limbo Charters - 3.6% Sea Mist III Drift Fishing - 19.6% 934 Miller Time - 8.9% Ham'r Time Sport Fishing Charters - 1.8% Loggerhead Enterprise - 1.8% Splashdown Divers - 1.8% Starfish Scuba - 3.36% South Florida Diving Headquarters - 5.4% Tiki Taxi - 42.9% Reel Time Fishing & Boat Rental - 1.8% Freedom Boat Club - 3.6% How did you hear about the Rock the Marina event: Social Media - 53.6% Email - 5.4% Poster/Street Sign - 25% Newspaper/Magazine - 3.6% From a Friend/Family Member - 26.8% MARINA MONTH RECAP Marina Month was promoted throughout the month of June. This targeted marketing and promotional campaign specifically focused on promoting the marine-related businesses located within the BBCRA area. The following Marina Month deals were promoted via the Boynton Beach Bucks program: Marina Cafe - $10 off any purchase of $10 or more Seamist III - $20 off a $60 fare Tiki Taxi Cruises - Free ride and snack (value of $11) Marina Ship Store - $20 off a purchase Starfish Scuba - $50 off any dive trip or instruction South Florida Diving Headquarters - $50 off any dive trip Boynton Beach Rentals - $50 off any rental Fish Envy Charters - $100 off a half day charter Gulfstream Boat Club - $100 off a 4-hour charter Phishunt Charters - $325 off a 4-hour charter Reel Rival Charters - $350 off a 4-hour charter Frigate About It Charters - $375 off a 4-hour charter MARKETING RECAP Atlantic Current - A full-page ad was published in the Atlantic Current to promote the event (See Exhibit A). Cost: $800 Coastal Angler - A quarter-page ad was published in the Coastal Angler to promote the event (See Exhibit B). Cost: $225 Coastal Star - A quarter-page ad was published in the Coastal Star to promote the event. The Coastal Star newspaper serves the eastern community of Hypoluxo Island, South Palm Beach, Manalapan, Ocean Ridge, Briny Breezes, Gulf Stream and coastal Delray which reaches out to that specific demographic (see Exhibit C). Cost: $525 935 •Attachment I - Event Feedback Survey •Exhibit A-I Neighborhood News - One full-page ad was featured in the Neighborhood News to promote the event. The Neighborhood News publication is a great way to reach out to the western Boynton Beach communities. The publication is mailed to 17,500 homes/clubhouses, with over 10,000 additional subscribers that read the digital edition online and on Facebook (see Exhibit D). Cost: $450 Posters - A promotional poster was created and distributed to various locations throughout Boynton Beach, including City of Boynton Beach facilities and local businesses (see Exhibit E). Cost: $76 Social Media - The Boynton Beach CRA social media platforms were utilized to promote a variety of paid and organic social media marketing initiatives (see Exhibit F). Cost: $1,000 Street Signs - Custom street signs were designed and installed at various locations throughout Boynton Beach to promote the event (see Exhibit G). Cost: $860 Sun Sentinel - An ad was published in the Sun-Sentinel to promote the event (see Exhibit H). Cost: $381 Billboard - The event was promoted on the billboard located on I-95 and Gateway Boulevard (Exhibit I). Cost: $0 FISCAL IMPACT: FY 2023-2024 Budget, Project Fund, Line Item 02-58500-480 - $58,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required from the CRA Board at this time. ATTACHMENTS: Description 936 Rock The Marina & Marina Month Question 1 has 56 answers (Checkboxes) “Please select which best applies to you” I live in Boynton Beach 42 (75.0%) I live in Palm Beach County 16 (28.6%) I live in Florida, but outside of Palm Beach County 1 (1.8%) I am visiting from out-of-state 0 (0.0%) Question 2 has 56 answers (Open Text) “What is your zip code? ” Unknown contact said: "33435" Unknown contact said: "33460" Unknown contact said: "33436" Unknown contact said: "33426" All Responses Question 1: Please select which best applies to youQuestion 2: What is your zip code?Question 3: Have you dined at the Boynton Harbor Marina before this event? If so, please seleQuestion 4: Have you ever visited any other BoyntonQuestion 5 Feedback937 Unknown contact said: "33444" Unknown contact said: "33444" Unknown contact said: "33445" Unknown contact said: "33445" Unknown contact said: "33435" Unknown contact said: "33437" Unknown contact said: "33435" Unknown contact said: "33406" Unknown contact said: ":3435"Feedback938 Unknown contact said: "33435" Unknown contact said: "33435" Unknown contact said: "33435" Unknown contact said: "33435" Unknown contact said: "33435" Unknown contact said: "33426" Unknown contact said: "33435" Unknown contact said: "33436" Unknown contact said: "33435"Feedback939 Unknown contact said: "33435" Unknown contact said: "33414" Unknown contact said: "33435" Unknown contact said: "33435" Unknown contact said: "33435" Unknown contact said: "33435" Unknown contact said: "33435" Unknown contact said: "33435" Unknown contact said: "33473"Feedback940 Unknown contact said: "33435" Unknown contact said: "33435" Unknown contact said: "33435" Unknown contact said: "33449" Unknown contact said: "33433" Unknown contact said: "33425" Unknown contact said: "33436" Unknown contact said: "33435" Unknown contact said: "33437"Feedback941 Unknown contact said: "33431" Unknown contact said: "33426" Unknown contact said: "33460" Unknown contact said: "33461" Unknown contact said: "33436" Unknown contact said: "33426" Unknown contact said: "33436" Unknown contact said: "33436" Unknown contact said: "33435"Feedback942 Unknown contact said: "33462" Unknown contact said: "33462" Unknown contact said: "33461" Unknown contact said: "33463" Unknown contact said: "33435" Unknown contact said: "33462" Unknown contact said: "33445" Question 3 has 53 answers (Checkboxes) “Have you dined at the Boynton Harbor Marina before this event? If so, please select all the restaurants that you have previously visited.” Two Georges 50 (89.3%) Banana Boat 43 (76.8%) Marina Cafe Feedback943 15 (26.8%) Question 4 has 48 answers (Checkboxes) “Have you ever visited any other Boynton Harbor Marina business? Please select all that apply.” Boynton Beach Boat Rentals 6 (10.7%) Gulfstream Boat Club 2 (3.6%) Intracoastal Boat Rentals 2 (3.6%) Found at Sea 1 (1.8%) Boynton Beach Jet Ski Rentals 5 (8.9%) Limbo Charters 2 (3.6%) Sea Mist III Drift Fishing 11 (19.6%) Chip's Ahoy Charters 0 (0.0%) Fish Envy 0 (0.0%) Miller Time 5 (8.9%) Ham’r Time Sport Fishing Charters 1 (1.8%) Loggerhead Enterprise 1 (1.8%) Splashdown Divers 1 (1.8%) Star ish Scuba 2 (3.6%) South Florida Diving Headquarters 3 (5.4%) Tiki Taxi 24 (42.9%)Feedback944 Phishunt Charters 0 (0.0%) Reel Time Fishing & Boat Rental 1 (1.8%) Frigate About It Charters 0 (0.0%) Freedom Boat Club 2 (3.6%) None of the Above 8 (14.3%) Question 5 has 55 answers (Checkboxes) “How did you hear about the Rock the Marina event?” Social Media 30 (53.6%) Email 3 (5.4%) Poster/Street Sign 14 (25.0%) Newspaper/Magazine 2 (3.6%) From a Friend/Family Member 15 (26.8%) Question 6 has 23 answers (Open Text) “If you would like to subscribe to the BBCRA email list, please enter your email below. By providing your email address, you agree to receive promotional messages from the Boynton Beach CRA. Please be advised that under Florida records law, email addresses are public record. Therefore, your email address may be subject to public disclosure.”Feedback945 Unknown contact said: "Robingelfont70@yahoo.com" Unknown contact said: "Juliegilbride@ymail.com" Unknown contact said: "Jkershner3@gmail.com" Unknown contact said: "Carlotac00@gmail.com" Unknown contact said: "Frespags@gmail.com" Unknown contact said: "Yolanda.Beyonce@gmail.com" Unknown contact said: "Shearmath@yahoo.com" Unknown contact said: "Seejanesellre@yahoo.com" Unknown contact said: "Na"Feedback946 Unknown contact said: "Ahoffman@broward.org" Unknown contact said: "ljsmith122412@gmail.com" Unknown contact said: "georgecasey3224@gmail.com" Unknown contact said: "michelle isher66@gmail.com" Unknown contact said: "a.zeislercasey@gmail.com" Unknown contact said: "caroling511@gmail.com" Unknown contact said: "stevedemko@comcast.net" Unknown contact said: "Amanda.sol91@gmail.com" Unknown contact said: "cpasko@live.com"Feedback947 Unknown contact said: "catluv59@gmail.com" Unknown contact said: "Swati kisses detailing@gmail.com" Unknown contact said: "deanpasko@gmail.com" Unknown contact said: "joycemaryq@gmail.com" Unknown contact said: "love2laugh824@yahoo.com" Question 7 has 34 answers (Checkboxes) “If you provided your email please select what types of email material you would like to receive. ” Redevelopment 8 (14.3%) Business Outreach 5 (8.9%) Business Promotions 6 (10.7%) Events 25 (44.6%) All of the above 9 (16.1%)Feedback948 Exhibit A – Atlantic Current 949 Exhibit B – Coastal Angler 950 Exhibit C – Coastal Star 951 Exhibit D – Neighborhood News 952 Exhibit E – Posters 953 Exhibit F – Social Media 954 955 Exhibit G – Street Signs 956 Exhibit H – Sun Sentinel 957 Exhibit I – Billboard 958 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 CRA PROJECTS IN PROGRESS AGENDA ITEM 16.C SUBJECT: Rock the Plaza at One Boynton Recap SUMMARY: EVENT RECAP On Thursday, June 27th , the BBCRA hosted the final Rock the Plaza event of the season at the One Boynton property. The business promotional event featured live music from the band Spider Cherry. The activation focused on spotlighting the plaza as well as the retail merchants located at One Boynton. Plaza businesses were encouraged to participate with an outdoor tent display and to provide special offers and/or branded giveaways to event patrons. The following businesses exhibited outside during the event: Tipsy Salon, Stretch Zone, Mancave for Men, and Sweetwater. Free samples were provided for each of the restaurants or eateries located at the plaza. Additionally, event patrons were encouraged to play Business Bingo, which encouraged them to visit each of the participating businesses, for a chance to win a Visa gift card. CRA event staff elicited feedback from plaza merchants through a survey that was distributed via email after the event. Results are TBD. Additionally, patrons were asked to complete a short feedback survey during the event. Results are TBD. MARKETING RECAP Coastal Star - A quarter-page ad was published in the Coastal Star to promote the event. The Coastal Star newspaper serves the eastern community of Hypoluxo Island, South Palm Beach, Manalapan, Ocean Ridge, Briny Breezes, Gulf Stream and coastal Delray which reaches out to that specific demographic (see Exhibit A). Cost: $525 Neighborhood News - One full-page ad was featured in the Neighborhood News to promote the event. The Neighborhood News publication is a great way to reach out to the western Boynton Beach communities. The publication is mailed to 17,500 homes/clubhouses, with over 10,000 additional subscribers that read the digital edition online and on Facebook (see Exhibit B). Cost: $450 959 •Exhibit A-F Posters - A promotional poster was created and distributed to various locations throughout Boynton Beach, including City of Boynton Beach facilities and local businesses (see Exhibit C). Cost: $94 Social Media - The Boynton Beach CRA social media platforms were utilized to promote a variety of paid and organic social media marketing initiatives (see Exhibit D). Cost: $650 Street Signs - Custom street signs were designed and installed at various locations throughout Boynton Beach to promote the event (see Exhibit E). Cost: $1,360 Billboard - The event was promoted on the billboard located on I-95 and Gateway Boulevard (Exhibit F). Cost: $0 FISCAL IMPACT: FY 2019 - 2020 Budget, Project Fund, Line Item 02-58500-480 - $30,000. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required from the CRA Board at this time. ATTACHMENTS: Description 960 Exhibit A – Coastal Star 961 Exhibit B – Neighborhood News 962 Exhibit C – Posters 963 Exhibit D – Social Media 964 Exhibit E – Street Signs 965 Exhibit F – Billboard 966 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 CRA PROJECTS IN PROGRESS AGENDA ITEM 16.D SUBJECT: Social Media & Print Marketing Update SUMMARY: Throughout the months of May and June, 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 Coastal Cruiser by Circuit rideshare program and BBCRA Grant Program. BBCRA Promotional Event Posts : Promoted Rock the Plaza at One Boynton, Rock the Marina, and Marina Month. Business Promotional Posts : Utilized Facebook and Instagram feed and stories to promote a variety of businesses, such as: Alchemy, Armenia, The Barber Republic, Nicholson Muir Meat, Reel Time Fishing, ArtSea Living, Beach House Boutique, Scheurer's Chocolate, and The Boardwalk Italian Ice & Creamery. Print Marketing Coastal Angler : A quarter-page ad was published in the Coastal Angler magazine to promote the Marina. Florida Sport Fishing : A 1/4 page ad was published in Florida Sport Fishing magazine to promote the Marina. Marinalife: A 1/4 page ad was published in Marinalife magazine to promote the Marina. See Attachment I for an overview of the social media and print marketing that were published in May and June 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 - $2,145 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan 967 •Attachment I - May & June Marketing & Social Media Overview •Attachment II - Facebook & Instagram Posts CRA BOARD OPTIONS: No action is required at this time unless otherwise determined by the CRA Board. ATTACHMENTS: Description 968 SOCIAL MEDIA & PRINT MARKETING OVERVIEW 969 SOCIAL MEDIA –PROJECT POSTS 970 SOCIAL MEDIA –PROMOTIONAL EVENT POSTS 971 SOCIAL MEDIA –PROMOTIONAL EVENT POSTS 972 SOCIAL MEDIA –PROMOTIONAL EVENT POSTS 973 SOCIAL MEDIA -BUSINESS POSTS 974 SOCIAL MEDIA -BUSINESS POSTS 975 SOCIAL MEDIA -BUSINESS POSTS 976 COASTAL ANGLER 977 FLORIDA SPORT FISHING 978 MARINA LIFE 979 Facebook & Instagram Posts 980 Facebook & Instagram Posts 981 Facebook & Instagram Posts 982 Facebook & Instagram Posts 983 Facebook & Instagram Posts 984 Facebook & Instagram Posts 985 Facebook & Instagram Posts 986 Facebook & Instagram Posts 987 Facebook & Instagram Posts 988 Facebook & Instagram Posts 989 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 CRA PROJECTS IN PROGRESS AGENDA ITEM 16.E 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 Mid-year Budget Adjustment $250,000 May 14, 2024 Budget Increase $300,000 Grants Awarded Since October 10, 2023 ($767,206.63) Remaining Fund Balance as of 7/2/24: $382,793.37 List of CRA Board approved Economic Development Program Grantees since October 10, 2023: FY2023-2024 CRA Economic Development Grant Recipients 990 Business Name Business Address Business Type Grant Funds Approved Total Funds Disbursed Year-to- Date 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 $18,000 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 $10,500 Bi-Square Inc. 1080 S. Federal Highway Commercial Building Property Improvement $22,185 $7,750 Dimensional Health Care LLC 458 N. Federal Highway, Unit 5 Medical Office Rent Reimbursement Property Improvement $44,176 $0 Gillion & Co. Inc. 137 NE 10th Avenue, Unit 107 Professional Office Rent Reimbursement Property Improvement $40,561 $3,525 Jken Boutique 1600 N. Federal Highway, Unit 9 Retail Rent Reimbursement $17,550.54 $7,312.75 Casa Costa Cafe LLC d/b/a Cafe Prelude 400 N. Federal Highway, Unit 8 Bakery Cafe Rent Reimbursement $9,150 $3,050 Agape Health & Wellness LLC 137 NE 10th Avenue, Unit 102 Professional Office Rent Reimbursement Property Improvement $41,774 $2,625 991 Forward Leaders Group LLC d/b/a Eat Dope Vegan 137 NE 10th Avenue, Unit 105 Restaurant Rent Reimbursement Property Improvement $65,950 $0 NYPD Pizza at Casa Costa LLC 400 N. Federal Highway, Unit 9 Restaurant Rent Reimbursement $17,500 $5,833.40 Dalo Restaurant LLC 1017 N. Federal Highway Take-out Restaurant Rent Reimbursement $19,200 $0 Gandhi Health & Wellness LLC 630 E. Woolbright Road, Suite B-C Medical Office Rent Reimbursement Property Improvement $56,000 $0 Safai LLC d/b/a Safai 470 N. Federal Highway, Unit 3 Restaurant Rent Reimbursement Property Improvement $57,232 $21,691.50 PolitiCALM LLC 137 NE 10th Avenue, Unit 106 Professional Office Rent Reimbursement Property Improvement $37,750 $0 Nate & Maddie LLC d/b/a ROK Prime Korean BBQ 1729 S. Federal Highway Restaurant Property Improvement $2,650 $0 Potiwa Pizza LLC 137 NE 10th Avenue, Unit 104 Restaurant Rent Reimbursement Property Improvement $65,062.88 $0 Jken Boutique 1600 N. Federal Highway Retail Property Improvement $2,753.70 $0 Blueheart Adult Day Care Center L.L.C. 709 S. Federal Highway, Unit 1 Medical Rent Reimbursement Property Improvement $50,000 $0 Appliance King of America Inc. 622 N. Federal Highway Retail Rent Reimbursement $7,500 $1,250 Elite A & N Catering LLC d/b/a Armenia 1550 N. Federal Highway, Unit 12 Grocer/Market Rent Reimbursement Property Improvement $34,211.51 $0 992 Beach House Boutique Inc. 1120 S. Federal Highway Retail Rent Reimbursement $21,000 $3,500 Pending July 9, 2024 Approval Taylor Adair Stylist LLC d/b/a Alchemy 640 E. Ocean Avenue, Unit 18 & 19 Hair Salon Rent Reimbursement $18,000 $0 FISCAL IMPACT: FY 2023-2024 Budget, Project Fund, Line Item 02-58400-444, $1,150,000 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. 993 •Attachment I - MLK Jr Blvd Project Site Plan - North •Attachment II - MLK Jr Blvd Project Site Plan - South COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 9, 2024 CRA PROJECTS IN PROGRESS AGENDA ITEM 16.F SUBJECT: MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update - July 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 and North Building Centennial Management Corp. (CMC) has obtained final certificate of occupancy and the residential units are fully leased. West Building CMC has finished the residential units and working on the interior buildout of the Lobby and Leasing office. 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 Spring of 2024. 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 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 994 •Attachment III - MLK Jr. Blvd. Mixed Use Development Project Renderings •Attachment IV - MLK Jr. Blvd Progress Photos 995 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 3 996 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 3 997 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 03 998 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 999 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 1000 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 1001 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 1002 Know what'sR1003 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.1004 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 10-08-202033333331005 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 09-21-2020SOUTH2221006 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 SIMILAR222010101010101010101010101010101010101010101010101010102030303030303030303030303030303030303030303030303030303030303030404040404040404040405050505050505050505050506060606060606060707070707070707071007 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 09-21-2020SOUTH21008 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 SIMILAR22201010101010101010101010101010101010101010101010101010101010101030303030303030303030303030303030303030303030303030303030303040404040404040404040404050505050505050505050506060606060606060606060607070707070707070707070707070707071009 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 09-21-2020SOUTH2PORCHPORCHPORCHPORCHPORCH222221010 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 09-21-2020SOUTH21011 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 09-21-2020SOUTH2221012 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 09-21-2020SOUTH221013 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 1014 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 11015 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.1016 Know what'sR1017 1018 1019 1020 East Building Looking South from MLK Jr. Blvd1021 East Building Looking North to MLK Jr. Blvd1022 East and West Building North to MLK Jr. Blvd1023 North Building Looking North from MLK Jr. Blvd1024 North Building Looking South to MLK Jr. Blvd1025 West Building Looking South from MLK Jr. Blvd1026 West Building Looking West to Seacrest Blvd1027 West Building Reception1028 West Building Conference Room1029 West Building Club Room1030 West Building Kitchen1031 West Building Fitness1032