Agenda 07-25-251.Call to Order
2.Workshop Item No. 1
A.Continued Discussion and Consideration of the Purchase of the Inn at Boynton
Located at 480 W. Boynton Beach Boulevard
3.Adjournment
Community Redevelopment Agency Board Meeting
Friday, July 25, 2025 - 2:00 PM
100 East Ocean Avenue
Public Viewing Available Through Microsoft Teams
561-737-3256
AGENDA
Special Board Workshop
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH
PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN
INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A
SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256, AT
LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY
ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRA'S
WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRA'S
WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE.
1
COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 25, 2025
WORKSHOP ITEM NO. 1
AGENDA ITEM 2.A
SUBJECT:
Continued Discussion and Consideration of the Purchase of the Inn at Boynton Located at 480
W. Boynton Beach Boulevard
SUMMARY:
On May 13, 2025, the CRA Board reviewed the below sales terms of the Inn at Boynton,
located at 480 W. Boynton Beach Boulevard, and requested CRA Staff to negotiate the terms
with the Seller (see Attachment I):
Purchase Price: $9,100,000.00
Deposit of $250,000.00
Due diligence 15 days from effective date of Purchase and Sale Agreement
Closing Date 45 days from effective date of Purchase and Sale Agreement (30 days
from due diligence period)
Property to be delivered unoccupied
CRA Staff met with the Seller on May 19, 2025, and has provided a draft Purchase and Sale
Agreement containing the following terms as Seller's best offer (see Attachments II & III):
Purchase Price: $8,500,000.00 (appraised value - see Attachment IV)
Deposit of $250,000.00
Due diligence/feasibility period 60 days from effective date of Purchase and Sale
Agreement
Closing Date 90 days from effective date of Purchase and Sale Agreement
Property to be delivered unoccupied
The parcel is 2.11 acres (91,911.60 sq. ft.) making it one of the largest parcels of property
available for redevelopment west of Seacrest Boulevard. The property is currently zoned C3-
Community Commercial with a future land use of Mixed-Use Low allowing 20 units per acre
with a maximum height of 45'. This property could be considered for a variety of
redevelopment purposes.
The Inn at Boynton is located on the southeast corner of I-95 and Boynton Beach Boulevard.
The location is an important component in the future redevelopment of the Boynton Beach
Boulevard District (see Attachment V). This area serves as the main entry into the City's
downtown and establishes the first impression of the City.
2
•Attachment I - 05-13-2025 CRA Board Meeting Minutes
•Attachment II - 06-02-2025 Seller's Offer and Extended Feasibility Period
•Attachment III - Draft Purchase and Sale Agreement 480 W BBB
•Attachment IV - Anderson Carr Appraisal 480 W BBB
•Attachment V - Boynton Beach Blvd. District
•Attachment VI - 480 W BBB Comparables
A comparison of similar purchases by the CRA has been provided (see Attachment VI).
At the July 8, 2025, CRA Board meeting, the Board voted to have CRA Board Chair Shelton
negotiate with the seller on behalf of the Board.
The CRA Board will not be making a final decision on the terms of any such agreement and
public comment will not be accepted during the workshop.
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FISCAL IMPACT:
To be determined by the Board.
CRA PLAN/PROJECT/PROGRAM:
2016 Boynton Beach Community Redevelopment Plan – Boynton Beach Boulevard District
ATTACHMENTS:
Description
3
4
5
From: Ajit Asrani <ajitasrani@yahoo.com> Sent: Monday, June 2, 2025 11:50 AM To: Utterback, Theresa Subject: Re: RE 480 W BOYNTON BEACH BLVD This Message Is From an External Sender This message came from outside your organization. Dear Theresa, Further to our conversation this morning, I have no objections to complying with the requirements of the legal department of a 90 day closing. It is very normal to for a prospective purchaser to take some time for conducting diligence such as environmental and other inspections according to the use anticipated by the purchaser. Please do send me the agenda for the meeting when you have it. Many thanks, Ajit Asrani 305 898 1413 On Monday, June 2, 2025 at 10:57:47 AM EDT, Utterback, Theresa <utterbackt@bbfl.us> wrote: Good Morning Mr. Asrani, I am preparing the agenda item for the June 10th meeting under the terms you have requested. • $8.5M • 60 day closing • $250,000 deposit However, I wanted you to be aware that after discussion with our legal department CRA staff would request a minimum of a 90 day closing. This I based on the feasibility period and that I may have to bid some of the environmental/ studies/reports/inspections due to our procurement policy. As soon as the item is published I will let you know so that you may view it. 6
Thank you and please do not hesitate to call us with questions. Sincerely, Theresa Theresa Utterback Development Services Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561-600-9094 | 561-737-3258 UtterbackT@bbfl.us | https://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Ajit Asrani <ajitasrani@yahoo.com> Sent: Tuesday, May 20, 2025 10:58 AM To: Utterback, Theresa <UtterbackT@bbfl.us>; Tack, Timothy <TackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Suraj Dalal <suraj.dalal@kabanihotelgroup.com> Subject: RE 480 W BOYNTON BEACH BLVD 7
Dear CRA staff, Thank you for clearing the air of the May 13th board meeting and meeting with my wife and I yesterday to come to a resolution going forward. After a frank and open discussion you asked that we give you our final offer for the ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. ZjQcmQRYFpfptBannerEnd Dear CRA staff, Thank you for clearing the air of the May 13th board meeting and meeting with my wife
and I yesterday to come to a resolution going forward . After a frank and open discussion you asked that
we give you our final offer for the sale of the Inn. As mentioned at our meetings we are motivated to sell th e property, and are pleased to offer it to you at
8.5m. This is as per your appraisal done in the latter p art of April. However, our only condition is that this
should occur in the next 60 days for reasons explained to you. For your information and as discussed previously the c urrent appraisal of 8.5m has been done as it
exists and listed at 9.5m accordingly. It is a conserva tive appraisal. It is also well known that the highest and best use of t he property is multi family, affordable housing, as
such. While it will take some time for us to get an admin istrative rezoning approval from the city, the
appraised value would be considerably higher than 8.5m. We are aware the city has granted such
approvals under the Live Local Act. We look forward to hearing from you. Sincerely, Maria & Ajit Asrani 305 898 1413 8
9
DRAFTPURCHASER’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 IRACHE PARTNERS, LLC, a Florida limited
liability company, (hereinafter “SELLER”).
In consideration of the mutual covenants and agreements herein set forth, the Parties hereto
agree as follows:
1.PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to
PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on
the terms and conditions hereinafter set forth, the Properties located in Palm
Beach County, Florida (the “Properties”) and more particularly described as
follows:
PCN: 08-43-45-28-15-071-0010
Address: 480 W. Boynton Beach Boulevard, Boynton Beach, FL 33435
A portion of Lot 5,SUBDIVISION OF SECTION 28,TOWNSHIP 45 SOUTH,
RANGE 43 EAST,Plat Book 1, Page 4, and a portion of Blocks 71 and 73 and the
Right-of-Way of N.W. 4th Street, as shown on the Plat of BEVERLY HILLS
ADDITION NO.3, Plat Book 13, Page 64, City of Boynton Beach, Palm Beach
County,Florida.
2.PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property
shall be Eight Million Five Hundred Thousand Dollars ($8,500,000.00), payable in cash, by wire
transfer of United States Dollars at the Closing.
3.DEPOSIT.
3.1 Earnest Money Deposit. Within ten (10) Business Days after the
execution of the Purchase Agreement by both parties, PURCHASER shall deliver to Lewis,
Longman & Walker, PA (“Escrow Agent”) a deposit in the amount of Two Hundred and Fifty
Thousand Dollars ($250,000.00) 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
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SELLER’s Initials: ______
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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.
3.3 Escrow Agent. PURCHASER and SELLER authorize Escrow Agent to
receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper
authorization and in accordance with Florida law and the terms of this Agreement. The parties
agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to
PURCHASER and SELLER, unless the misdelivery is due to Escrow Agent’s willful breach of this
Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow,
Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable
attorney’s fees and costs to be paid from the escrowed funds which are charged and awarded
as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated,
so long as Escrow Agent consents to arbitrate.
4.EFFECTIVE DATE.The date of this Agreement (the “Effective Date”) shall be the
date when the last one of the SELLER and PURCHASER has signed this Agreement.
5.CLOSING. The purchase and sale transaction contemplated herein shall close
within ninety (90) days of the Effective Date of the Agreement (the “Closing”), unless extended
by other provisions of this Agreement or by written agreement, signed by both parties,
extending the Closing.
6.TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by
Warranty Deed complying with the requirements of the Title Commitment (hereinafter
defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear
of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other
conditions except only the following (collectively, the “Permitted Exceptions”): (a) general real
estate taxes and special assessments for the year of Closing and subsequent years not yet due
and payable; (b) covenants, conditions, easements, dedications, rights -of-way and matters of
record included on the Title Commitment or shown on the Survey (defined in Section 7), to
which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section
7.1 and Section 7.2 hereof.
7.FEASIBILITY PERIOD. The PURCHASER, and its designees shall have sixty (60)
days from the Effective Date of this Agreement (“Feasibility Period”), at PURCHASER’s expense,
to make inquiries to determine if the Property is suitable for its intended use and to enter upon
the Property, at any time and from time to time with reasonable notice to SELLER and so long
as said investigations do not result in a business interruption, to perform any and all physical
tests, inspections, valuation appraisals and investigations of the Property, including but not
limited to Phase I and Phase II investigations, which PURCHASER may deem necessary. If the
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SELLER’s Initials: ______
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Phase I determines a Phase II is required, an automatic extension of the closing date will be
determined between the Parties. During this Feasibility Period, PURCHASER may elect, in
PURCHASER’s sole and absolute discretion, to terminate this contract and receive back all
deposits hereunder. If PURCHASER elects to terminate this Agreement in accordance with this
Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the
Effective Date, subject to such disturbance as was reasonably necessary or convenient in the
testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore
any damage caused to the Property by PURCHASER’s testing and investigation; and (iii) release
to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER’s
testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless
from and against all claims, losses, expenses, demands and liabilities, including, but not limited
to, attorney’s fees, for nonpayment for services rendered to PURCHASER (including, without
limitation, any construction liens resulting therefrom) or for damage to persons or property
(subject to the limitation on practicability provided above) arising out of PURCHASER’s
investigation of the Property. However, PURCHASER’s indemnification obligations shall not
exceed its statutory limits as provided within Section 768.28, Florida Statutes, and PURCHASER
does not waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold
PURCHASER harmless from and against all claims, losses, expenses, demands and liabilities,
including, but not limited to, attorney’s fees, for nonpayment for services rendered to SELLER
or for damage to persons or property (subject to the limitation on practicability provided
above) arising out of PURCHASER’s investigation of the Property. SELLERS’ obligations under
this Section shall survive the termination, expiration or Closing of this Agreement.
7.1 Title Review. Within twenty (20) days of the Effective Date, PURCHASER
shall obtain, at the PURCHASER’s expense, from a Title Company chosen by PURCHASER
(hereinafter “Title Company”), a Title Commitment covering the Property and proposing to
insure PURCHASER in the amount of the Purchase Price subject only to the Permitted
Exceptions, together with complete and legible copies of all instruments identified as conditions
or exceptions in Schedule B of the Title Commitment. Any and all assessments, outstanding
utility charges, liens and other matters not constituting Permitted Exceptions shall be paid by
Seller prior to or at closing from Seller’s proceeds. PURCHASER shall examine the Title
Commitment and deliver written notice to SELLER no later than thirty (30) days after the
Effective Date notifying SELLER of any objections PURCHASER has to the condition of title
(hereinafter “Title Objections”). If PURCHASER fails to deliver the Title Objections to SELLER
within the aforesaid review period, title shall be deemed accepted subject to the conditions set
forth in the Title Commitment. If PURCHASER timely delivers the Title Objections, then SELLER
shall have thirty (30) days to diligently and in good faith undertake all necessary activities to
cure and remove the Title Objections (hereinafter “Cure Period”). In the event that SELLER is
unable to cure and remove, or cause to be cured and removed, the Title Objections within the
Cure Period, to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER’s sole and
absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for
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SELLER’s Initials: ______
00704498-1
one additional thirty (30) day period, or (ii) accepting the title as it then is but using such
portion of the Purchase Price as may be necessary to pay and satisfy any mortgages,
outstanding utility charges, delinquent property taxes and/or code enforcement and
contractors' liens or other recorded claims of lien upon the property, or (iii) canceling and
terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and
the Parties shall have no further obligations or liability hereunder, except for those expressly
provided herein to survive termination of this Agreement.
Prior to the Closing, PURCHASER shall have the right to cause the Title Company
to issue an updated Title Commitment (“Title Update”) covering the Property. If any Title
Update contains any conditions which did not appear in the Title Commitment, and such items
render title unmarketable, PURCHASER shall have the right to object to such new or different
conditions in writing prior to Closing. All rights and objections of the Parties with respect to
objections arising from the Title Update shall be the same as objections to items appearing in
the Title Commitment, subject to the provisions of this Section.
7.2. Survey Review. PURCHASER, at PURCHASER’s expense, shall obtain a
current boundary survey (the “Survey”) of the Property, indicating the number of acres
comprising the Property to the nearest 1/100th of an acre. If the Survey discloses
encroachments on the Property or that improvements located thereon encroach on setback
lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or
applicable governmental regulations, the same shall constitute a title defect and shall be
governed by the provisions of Section 7.1 concerning title objections.
7.3 SELLER Deliveries.
SELLER shall deliver to PURCHASER the following documents and instruments
within ten (10) days of the Effective Date of this Agreement, except as specifically indicated:
7.3.1 Copies of any reports or studies (including engineering,
environmental, soil borings, and other physical inspection reports), in SELLER’s possession or
control with respect to the physical condition or operation of the Property, if any.
7.3.2 Copies of all licenses, variances, waivers, permits (including but
not limited to all surface water management permits, wetland resource permits, consumptive
use permits and environmental resource permits), authorizations, and approvals required by
law or by any governmental or private authority having jurisdiction over the Property, or any
portion thereof (the "Governmental Approvals"), which are material to the use or operation of
the Property, if any.
7.3.3 Prior to the Closing Date, SELLER shall execute and deliver to
PURCHASER any and all documents and instruments required by PURCHASER, in PURCHASER’s
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SELLER’s Initials: ______
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sole and absolute discretion, which: (i) effectuate the transfer to PURCHASER of those
Governmental Approvals, or portions thereof which are applicable to the Property, that
PURCHASER desires to have assigned to it, and/or (ii) cause the Property to be withdrawn from
any Governmental Approvals. No later than thirty (30) days prior to the Closing Date, SELLER
shall remedy, restore, and rectify any and all violations of the Governmental Approvals
(including, but not limited to, any and all portions of the surface water management system,
mitigation areas or other items which do not comply with the Governmental Approvals or
applicable rules), if any. SELLER warrants that there will not be, at the time of Closing, any
unrecorded instruments affecting the title to the Property, including, but not limited to any
conveyances, easements, licenses or leases.
8.CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the
purchase of the Property unless each of the following conditions (collectively, the “Conditions
to Closing”) are either fulfilled or waived by PURCHASER in writing:
8.1.Representations and Warranties. All of the representations and
warranties of SELLER contained in this Agreement shall be true and correct as of Closing.
8.2. Condition of Property. The physical condition of the Property shall be the
same on the date of Closing as on the Effective Date, reasonable wear and tear excepted .
8.3. Pending Proceedings. At Closing, there shall be no litigation or
administrative agency or other governmental proceeding of any kind whatsoever, pending or
threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER.
8.4.Compliance with Laws and Regulations.The Property shall be in
compliance with all applicable federal, state and local laws, ordinances, rules, regulations,
codes, requirements, licenses, permits and authorizations as of the date of Closing.
8.5. Occupancy. The property shall be conveyed to the PURCHASER at time
of closing unoccupied.
9.CLOSING DOCUMENTS. The PURCHASER shall prepare, or cause to be prepared,
the Closing Documents set forth in this Section, except for documents prepared by the SELLER’S
Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and
delivered to PURCHASER the following documents and instruments:
9.1. Deed. A Warranty Deed (the “Deed”) conveying to PURCHASER valid,
good, marketable and insurable fee simple title to the Property free and clear of all liens,
encumbrances and other conditions of title other than the Permitted Exceptions.
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SELLER’s Initials: ______
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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. Assessments, rents, interest, insurance and other expenses
of the Property shall be prorated through the day before Closing. PURCHASER shall have the
option of taking over existing policies of insurance, if assumable, in which event premiums shall
be prorated. Cash at Closing shall be increased or decreased as may be required by prorations
to be made through the day prior to Closing. Advance rent and security deposits, if any, will be
credited to PURCHASER. Taxes shall be prorated based upon the current year’s tax with due
allowance made for maximum allowable discount.
10.2 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section
196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year
of closing into escrow with the Palm Beach County Tax Collector’s Office. In the event that,
following the Closing, the actual amount of assessed real property tax on the Property for the
current year is higher than any estimate of such tax used for purposes of the Closing, the parties
shall re-prorate any amounts paid or credited based on such estimate as if paid in November. This
shall survive the Closing.
10.3. Special Assessment Liens. Certified, confirmed and ratified special
assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens
as of Closing shall be assumed by PURCHASER. If the improvement has been substantially
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SELLER’s Initials: ______
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completed as of the Effective Date, any pending lien shall be considered certified, confirmed or
ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or
assessment for the improvement by the public body.
10.4. Closing Costs. PURCHASER shall be responsible for recording the deed
and half of all general closing expenses (settlement fee, courier fees, overnight package, etc.).
SELLER is responsible for documentary stamps on the deed and half of all general closing
expenses and their own legal fees. All other costs of closing shall be borne by PURCHASER.
10.5 Closing Procedure. PURCHASER shall fund the Purchase Price subject to
the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall
execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at
Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a
“marked-up” Title Commitment to PURCHASER, and promptly thereafter, record the Deed and
other recordable Closing Documents in the appropriate public records.
10.6 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or
cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments
applicable to and encumbering the Property.
11. REPRESENTATIONS, COVENANTS AND WARRANTIES. To induce PURCHASER to
enter into this Agreement, SELLER makes the following representations, all of which, to the best
of its knowledge, in all material respects and except as otherwise provided in this Agreement (i)
are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives
information to the contrary, and (iii) shall survive the Closing. In that event, PURCHASER shall
be provided immediate notice as to the change to the following representations:
11.1 At all times from the Effective Date until prior to Closing, SELLER shall keep
the Property (whether before or after the date of Closing) free and clear of any mechanic's or
materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER
prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and
against all expense and liability in connection therewith (including, without limitation, court costs
and reasonable attorney's fees).
11.2 SELLER has no actual knowledge nor has SELLER received any notice of any
litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any
organization, person, individual or governmental agency which would affect (as to any threatened
litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value
of the Property or any part thereof or which would otherwise relate to the Property.
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SELLER’s Initials: ______
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11.3 SELLER has full power and authority to enter into this Agreement and to
assume and perform its obligations hereunder in this Agreement. SELLER does not and will not
conflict with or result in the breach of any condition or provision, or constitute a default under, or
result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property
or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement,
indenture, instrument or judgment to which the SELLER is a party of which is or purports to be
binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal
or other governmental department, commission, board, bureau or instrumentality is necessary to
make this Agreement a valid instrument binding upon the SELLER in accordance with its terms.
11.4 SELLER represents that SELLER will not, between the date of this Agreement
and the Closing, without PURCHASER'S prior written consent, which consent shall not be
unreasonably withheld or delayed, except in the ordinary course of business, create any
encumbrances on the Property. For purposes of this provision the term "encumbrances" shall
mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases,
easements, covenants, conditions or restrictions. Additionally, SELLER represents that SELLER will
not, between the date of this Agreement, and the Closing take any action to terminate or
materially, amend or alter any existing leases presently in existence, without the prior consent of
PURCHASER, which consent shall not be unreasonably withheld or delayed.
11.5 SELLER represents that there are no parties other than SELLER in possession
of the Property or any portion of the Property as a lessee.
11.6 SELLER shall not list or offer the Property for sale or solicit or negotiate
offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts
to maintain the Property in its present condition so as to ensure that it shall remain substantially in
the same condition from the conclusion of the Feasibility Period to the Closing Date.
11.7 SELLER has no actual knowledge nor has SELLER received any notice of
any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property
by any organization, person, individual or governmental agency which would affect (as to any
threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use,
occupancy or value of the Property or any part thereof or which would otherwise relate to the
Property.
11.8 SELLER represents that it has no actual knowledge nor has it received any
notice that the Property has been, is presently or is contemplated to be utilized as a reservoir of
hazardous material. As used herein, the term "Hazardous Material" shall mean any substance,
water or material which has been determined by any state, federal or local government
authority to be capable of posing a risk of injury to health, safety and property, including, but
not limited to, all of those materials, wastes and substances designated as hazardous or toxic by
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the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department
of Transportation, and/or any other state or local governmental agency now or hereafter
authorized to regulate materials and substances in the environment (collectively
"Governmental Authority(ies)").
11.9 SELLER represents to PURCHASER that the Property is not subject to any
deed restrictions or declaration of restrictions running with the Property which would affect the
use of the Property except those constituting Permitted Exceptions as defined above.
11.10 Between the date of this Agreement and the date of closing, SELLER will
not file any application for a change of the present zoning classification of the Property.
11.11 Authority. The execution and delivery of this Agreement by SELLER and
the consummation by SELLER of the transaction contemplated by this Agreement are within
SELLER’S capacity and all requisite action has been taken to make this Agreement valid and
binding on SELLER in accordance with its terms. The person executing this Agreement on behalf
of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement
represents a valid and binding obligation of SELLER.
11.12 Title. SELLER is and will be on the Closing Date, the owner of valid, good,
marketable and insurable fee simple title to the Property, free and clear of all liens,
encumbrances and restrictions of any kind, except the Permitted Exceptions (and
encumbrances of record which will be discharged at Closing).
11.13 Additional Warranties and Representations of SELLER. As a material
inducement to PURCHASER entering into this Agreement, SELLER, to the best of SELLER’S
information and belief, hereby represents and warrants the following:
11.13.1 There are no pending applications, permits, petitions, contracts,
approvals, or other proceedings with any governmental or quasi-governmental authority,
including but not limited to, PURCHASER, municipalities, counties, districts, utilities, and/or
federal or state agencies, concerning the use or operation of, or title to the Property or any
portion thereof and SELLER has not granted or is not obligated to grant any interest in the
Property to any of the foregoing entities.
11.13.2 There are no facts believed by SELLER to be material to the use,
condition and operation of the Property in the manner that it has been used or operated, which it
has not disclosed to PURCHASER herein, including but not limited to unrecorded instruments or
defects in the condition of the Property which will impair the use or operation of the Property in
any manner.
11.13.3 To the best of SELLER’S knowledge, the Property and the use and
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operation thereof are in compliance with all applicable county and governmental laws,
ordinances, regulations, licenses, permits and authorizations, including, without limitation,
applicable zoning and environmental laws and regulations.
12. DEFAULT.
12.1. PURCHASER’s Default. In the event that this transaction fails to close due
to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of
Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid
by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither PURCHASER
nor SELLER shall have any further obligation or liabilities under this Agreement, except for those
expressly provided to survive the termination of this Agreement; provided, however, that
PURCHASER shall also be responsible for the removal of any liens asserted against the Property
by persons claiming by, through or under PURCHASER, but not otherwise. PURCHASER and
SELLER acknowledge that if PURCHASER defaults, SELLER will suffer damages in an amount
which cannot be ascertained with reasonable certainty on the Effective Date and that the
amount of the Deposit being held by Escrow Agent most closely approximates the amount
necessary to compensate SELLER. PURCHASER and SELLER agree that this is a bona fide
liquidated damages provision and not a penalty or forfeiture provision.
12.2. Seller’s Default. In the event that SELLER shall fail to fully and timely
perform any of its obligations or covenants hereunder or if any of SELLER’S representations are
untrue or inaccurate, then, notwithstanding anything to the contrary contained in this
Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement
by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and
demand that the Deposit be returned, including all interest thereon if any, in accordance with
Section 3 and neither Party shall have any further rights hereunder, or (2) seek specific
performance of this Agreement, without waiving any action for damages.
12.3. Notice of Default. Prior to declaring a default and exercising the
remedies described herein, the non-defaulting Party shall issue a notice of default to the
defaulting Party describing the event or condition of default in sufficient detail to enable a
reasonable person to determine the action necessary to cure the default. The defaulting Party
shall have fifteen (15) days from delivery of the notice during which to cure the default,
provided, however, that as to a failure to close, the cure period shall only be three (3) business
days from the delivery of notice. Both parties agree that if an extension is requested, such
extension shall not be unreasonably withheld. If the default has not been cured within the
aforesaid period, the non-defaulting Party may exercise the remedies described above.
12.4. Survival. The provisions of this section shall survive the termination of
this Agreement.
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13. NOTICES. All notices required in this Agreement must be in writing and shall be
considered delivered when received by certified mail, return receipt requested, or personal
delivery to the following addresses:
If to Seller: Ajit Asrani, Title Manager
Irache Partners, LLC
4200 Granada Boulevard
Coral Gables, FL 33146
With a copy to: The Law Office of Paul A. Krasker, P.A.
1615 Forum Place
5th Floor
West Palm Beach, FL 33401
If to Purchaser: Timothy Tack, Acting Executive Director
Boynton Beach Community Redevelopment Agency
100 E. Ocean Avenue, 4th Floor
Boynton Beach, FL 33435
With a copy to: Kenneth Dodge
Lewis, Longman & Walker, PA
360 South Rosemary Avenue
Suite 1100
West Palm Beach, FL 33401
14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this
Agreement are hereby made binding on, and shall inure to the benefit of the successors and
permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement
without the prior written consent of PURCHASER, which shall not be unreasonably withheld.
PURCHASER shall have the right to assign this Agreement to the City of Boynton Beach (the
“City”) without the prior consent of SELLER and the PURCHASER shall be released from any
further obligations and liabilities under this Agreement. The PURCHASER may not assign this
Agreement to any other party without the prior written approval of SELLER, which shall not
unreasonably withheld. If PURCHASER has been dissolved as an entity while this Agreement
and/or the attached Lease Agreement are in effect, the provisions of section 163.357(1), Florida
Statutes, (as it may be amended from time to time), shall apply.
15. BROKER FEES. The SELLER and PURCHASER hereby state that the Seller has
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dealt with a real estate broker in connection with the transaction contemplated by this
Agreement and Seller is responsible for a sales commission to Suraj Dalal, Kabani Hotel Group.
SELLER shall indemnify, defend and hold harmless the PURCHASER from and against any and all
claims, losses, damages, costs or expenses (including, without limitation, attorney’s fees) of any
kind or character arising out of or resulting from any agreement, arrangement or understanding
alleged to have been made by SELLER on its behalf with any broker or finder in connection with
this Agreement. The provisions of this Section shall survive Closing or termination of this
Agreement.
16. ENVIRONMENTAL CONDITIONS.
16.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any
hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant,
petroleum, petroleum product or petroleum by-product as defined or regulated by
environmental laws. Disposal ("Disposal") shall mean the release, storage, use, handling,
discharge, or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall mean
any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other
governmental restrictions.
16.1.1 As a material inducement to PURCHASER entering into this Agreement,
SELLER hereby warrants and represents the following, as applicable:
(1) That SELLER and occupants of the Property have obtained and are
in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or
contiguous property owned by SELLER, to the best of SELLER’S knowledge.
(2) SELLER is not aware nor does it have any notice of any past, present
or future events, conditions, activities or practices which may give rise to any liability or form a
basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the
Property. SELLER is not aware nor does it have any notice of any past, present or future events,
conditions, activities or practices on contiguous property that is owned by SELLER which may give
rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of
any Pollutant affecting the SELLER’S property.
(3) There is no civil, criminal or administrative action, suit, claim,
demand, investigation or notice of violation pending or, to the best of that entity’s knowledge,
threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the
Property, any portion thereof, or on any contiguous property owned by SELLER.
17. PUBLIC RECORDS. PURCHASER is a public agency subject to Chapter 119, Florida
Statutes. The SELLER is hereby notified that the PURCHASER is required by law, pursuant to
Chapter 119, to maintain and disclose upon request all records deemed public under the statute
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including this Agreement and some or all of the documents necessary to consummate the
transaction set forth herein. To the extent that any litigation should be instituted by SELLER,
either directly or as a third party, to prevent or prohibit PURCHASER from disclosing or providing
documents involving this Agreement or the transaction set forth in the Agreement pursuant to a
public records request submitted under Chapter 119, SELLER agrees that PURCHASER may either:
1) defend the claim up to and including final judgment, or 2) interplead the challenged
documents into the court. In either event, SELLER agrees to pay PURCHASER’s reasonable
attorneys’ fees and costs, both trial and appellate.
18. MISCELLANEOUS.
18.1. General. This Agreement, and any amendment hereto, may be executed
in any number of counterparts, each of which shall be deemed to be an original and all of which
shall, together, constitute one and the same instrument. The section and paragraph headings
herein contained are for the purposes of identification only and shall not be considered in
construing this Agreement. Reference to a Section shall be deemed to be a reference to the
entire Section, unless otherwise specified. No modification or amendment of this Agreement
shall be of any force or effect unless in writing executed by the Parties. This Agreement sets
forth the entire agreement between the Parties relating to the Property and all subject matter
herein and supersedes all prior and contemporaneous negotiations, understandings and
agreements, written or oral, between the Parties. This Agreement shall be interpreted in
accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of
any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit , in
and for Palm Beach County, Florida, or, should any cause of action be limited to federal
jurisdiction only, in the United States District Court for the Southern District of Florida.
18.2. Computation of Time. Any reference herein to time periods which are
not measured in business days and which are less than six (6) days, shall exclude Saturdays,
Sundays and legal holidays in the computation thereof. Any time period provided for in this
Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the
next full business day. Time is of the essence in the performance of all obligations under this
Agreement. Time periods commencing with the Effective Date shall not include the Effective
Date in the calculation thereof.
18.3. Waiver. Neither the failure of a party to insist upon a strict performance
of any of the terms, provisions, covenants, agreements and conditions hereof, nor the
acceptance of any item by a party with knowledge of a breach of this Agreement by the other
party in the performance of their respective obligations hereunder, shall be deemed a waiver of
any rights or remedies that a party may have or a waiver of any subsequent breach or default in
any of such terms, provisions, covenants, agreements or conditions. This paragraph shall
survive termination of this Agreement and the Closing.
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18.4. Construction of Agreement. The Parties to this Agreement, through
counsel, have participated freely in the negotiation and preparation hereof. Neither this
Agreement nor any amendment hereto shall be more strictly construed against any of the
Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the
feminine, the singular shall include the plural, and the plural shall include the singular, as the
context may require. Provisions of this Agreement that expressly provide that they survive the
Closing shall not merge into the Deed.
18.5. Severability. If any provision of this Agreement or the application thereof
shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of
this Agreement nor the application of the provision to other persons, entities or circumstances
shall be affected thereby, but instead shall be enforced to the maximum extent permitted by
law. The provisions of this Section shall apply to any amendment of this Agreement.
18.6 Handwritten Provisions. Handwritten provisions inserted in this
Agreement and initialed by PURCHASER and SELLER shall control all printed provisions in conflict
therewith.
18.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter
into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or
proceeding brought by either party against the other party pertaining to any matter whatsoever
arising out of or in any way connected with this Agreement.
18.8. Attorneys Fees and Costs. Should it be necessary to bring an action to
enforce any of the provisions of this Agreement, reasonable attorneys’ fees and costs, including
those at the appellate level, shall be awarded to the prevailing party.
18.9 Binding Authority. Each party hereby represents and warrants to the
other that each person executing this Agreement on behalf of the PURCHASER and SELLER has
full right and lawful authority to execute this Agreement and to bind and obligate the party for
whom or on whose behalf he or she is signing with respect to all provisions contained in this
Agreement.
18.10 Recording. This Agreement may not be recorded in the Public Records of
Palm Beach County, Florida without the prior approval of both parties.
18.11 Survival. The covenants, warranties, representations, indemnities and
undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and
recording of the SELLER’S Property Deed and PURCHASER’s possession of the Property.
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18.12 SELLER Attorneys’ Fees and Costs. SELLER acknowledges and agrees that
SELLER shall be responsible for its own attorneys’ fees and all costs, if any, incurred by SELLER in
connection with the transaction contemplated by this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
date.
PURCHASER:
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
SELLER:
___________________________________
_____________________________________
Printed Name: Rebecca Shelton Printed Name: Ajit Asrani
Title: Chair Title: Title Manager
Date: ______________________________ Date: ________________________________
WITNESS:
___________________________________
Printed Name: _______________________
WITNESS:
_____________________________________
Printed Name: _________________________
ESCROW AGENT
___________________________________
Lewis, Longman & Walker, P.A.
Printed Name: _______________________
Date: ______________________________
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55
Boynton Beach
Boulevard District
Introduction
Planning Challenges
Planning Considerations
The Vision
Recommendations
114
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
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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
116
58D.District Plans117
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.
118
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
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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.
120
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
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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
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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
*
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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
124
66D.District Plans125
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
126
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.
127
69
Figure 24: Example of Mixed Use Medium Project on Boynton Beach Blvd.
B
B
Seacrest Blvd.128
70D.District Plans129
Street #Property Address Structure or Lot?Legal Appraised Value Asking Price Lot Size
Acres Square Feet Price per Sq. Ft. % Over/Below
Appraised Value
Assemblage Total
Square Feet
Assemblage Total Price
per Sq. Ft.
480 W. Boynton Beach Boulveard
480 W. Boynton Beach Blvd.Inn at Boynton Beverly Hill Add No 3 Blks 71 & 73 $8,500,000.00 $8,500,000.00 2.11 91911.6 $92.48 0%N/A N/A
444 W. Boynton Beach Boulveard
444 W. Boynton Beach Blvd.13 parcels vacant & structures Boynton Heights Add $7,700,000.00 $7,500,000.00 3.3 143748 $52.17 -3%N/A N/A
444 W. Boynton Beach Blvd.13 parcels vacant & structures Boynton Heights Add $7,700,000.00 $7,100,000.00 3.3 143748 $49.39 -8%N/A N/A
Street #Property Address Structure or Lot?Legal Appraised Value Purchase Price Lot Size
Acres Square Feet Price per Sq. Ft. % Over/Below
Appraised Value
Assemblage Total
Square Feet
Assemblage Total Price
per Sq. Ft. Demolition Costs Date Acquired
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 $780,000.00 $915,000.00 0.2863 12471.228 $73.37 15%October-21
NE 1st Stree & Avenue 4th Street Parking Lot Lots 8 & 9 0 $10.00 0.1578 6873.768 $0.00 July-01
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 $1,400,000.00 $1,400,000.00 0.2885 12567.06 $111.40 0%October-20
217 N. Seacrest Blvd.USPS Facility Lots 9, 10, 11 & 12, Block 4, Boynton
Heights Addition to Town of Boynton Beach $1,600,000.00 $1,600,000.00 0.9065 39487.14 $40.52 0%February-23
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
219 W. Boynton Beach Blvd.Vacant Lot Lot 112 and E 25' of Lot 113, Block A,
Boynton Hills 0.1725 7514.1
225 W. Boynton Beach Blvd.Vacant Lot W 25' of Lot 113 and all of Lots 114, 115,
Block A, Boynton Hills 0.3183 13865.148
212 NW 3rd Court Vacant Lot Lots 118 & 119, Block A, Boynton Hills 0.2924 12736.944
222 NW 3rd Court Vacant Lot Lots 116 & 117, Block A, Boynton Hills 0.2732 11900.592
433 W. Boynton Beach Blvd.Vacant Lot Lots 83-86 Ridgewood Hills $950,000.00 $1,200,000.00 0.5672 24707.232 $48.57 21%N/A N/A N/A June-23
1111 S. FEDERAL HIGHWAY DEVELOPMENT, LLC
1111 S Federal Highway Lot Lots 12, 13 Parker Estates $891,000.00 $870,000.00 0.3549 15459.444 $56.28 -2%N/A N/A N/A April-24
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 9%N/A N/A $20,500 May-24
Total Purchase Price
Total Lot
Size
Acres
Total Square Feet Price per Sq. Ft.
$16,687,010.00 6.0877 265180.212 $62.93
TBD
TBD
TBD
SUBJECT PROPERTY FOR BOYNTON BEACH CRA PURCHASE
6%
15%
MATT GRACEY PROPERTIES - W. BOYNTON BEACH BLVD. ASSEMBLAGE
$2,185,000.00 $47.48 46016.784 $47.48 N/A
Demolition Costs
BOYNTON EAST, LLC
AVERAGE COST PER SQ. FT. OF PURCHASES ABOVE
BOYNTON BEACH CRA COMMERCIAL PROPERTY PURCHASES
Last 5 yrs. Price Per Sq. Ft.
E. Ocean Avenue
Oyer December-21$3,600,000.00 17903.16 $201.08
115 $53.17N Federal Highway
Church
Lots 1, 2, 3, 4, 5, 6 and 7 Block 6, Original
Town of Boynton May-18$3,000,000.00 56427.624
$35,828.75
$45,804.00
52054.2 $57.63
E. BOYNTON BEACH BLVD. ASSEMBLAGE (ABC RENTAL PROPERTIES)
16692.192
93675.78
$54.94E. Boynton Beach Blvd.
ABC Rentals $917,000.00 16692.192 $54.94
$76.61 $85,720.00
February-21
March-23
0%
13%
$2,539,000.00
$3,400,000.00
$917,000.00
$1,900,000.00
130